Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-08-21
MANDAMUS WRIT
DIRECTS BOARD
TO ORGANIZE
immigration Board May Meet
On Strength Of Writ Is,
sued by Court.
WRIT RETURNABLE
EARLY IN SEPTEMBER.
Order Is Issued by Chief Justice
G. J. Fisk of State Su-
preme Court.

q. j. FISK OF State Su-
preme Court.
On motion Of Attorney Benton Bak.
or, of. this city, an alternative writ of
mandamus was issued by Chief JUS
tice c. ]. Z fisk of the state supreme
court yesterday, compelling the State
Board of Immigration to meet and or
gandze, or show cause why such action
is not taken.
The writ and order were issued on
the strength of an affidavit signed by
Captain l. P. Baker.
; The State Board of immigration was
created at the last session of the leg
islat,tre and an appropriation Of
100000 made to carry on the work of
the department An attempt was
made to referend the law creating the
board and also to tie up the appropria-
tion. The petitions had barely enough
names attached to them to carry, and
were in such form that Attorney Gen.
eral 1inde held them invalid.
No Action Taken.
Following the opinion of the at.
tOrney general to the effect that the
petitions were not valid the general
belief was that the board would or
ganize at once. No action was taken,
however, and it was rumored that a
party of Fargo lawyers we're ready to
secure restraining order as soon as
an attempt was made to organize.
Tho secretary of state held that the
bill had been referred by the petitions
and stuck to his belief in the face Of
the adverse opinion by the attorney
general ,...,,,.... 49,, :, = e
No action was taken by the board
toward formally organizing. An in
formal meeting was held at the call
of the governor several weeks ago, but
no definite steps were taken.
Need For Board.
There has been a crying need
throughout the state for the work Of
the board. Hundreds of inquiries
have been coming in from all parts
of the state. Captain Baker finally
took the "bill by the horns and start
ed his action in the supreme court. The
order of the court cOmpels the board
to organize at once and pursue their
work. The writ is returnable Septem-
Der 7, at which time members of the
board will have to show cause for not
organizing. N.=
Bakers Petition.
Isaac P. Baker, for and in behalf
of himself and all other citizens of the
State of North Dakota, respectfully
prays and petitions that this honor
able Court issue it's alternative writ
of mandamus directed to and com.
nanding the respondents, l.. B. Han.
ma as Governor of the State of North
Da:ota R. F.. Flint as Commissioner
of Agriculture and Labor, Thomas
Hall as Secretary of State, Henry j.
Linde as Attorney General. and w. H.
Stutsman as President of the Railroad
Commission, to meet and organize as
such North Dakota State Board of I'm.
migration and to perform the duties
prescribed by the aforesaid Act by
them to be performed, or, IN default
Of their full compliance Herewith,
that they show cause before your hon
orable Court, at such time ls may be
fixed by the Court, why they have not
done So" ~+. e..
Order Of Court. .
Whereas, it appears by the petit
tion in the name Of the State of North
Dakota. ex rel. Isaac P. Baker, and
upon affidavit of the said Isaac P.
Baker, a citizen and taxpayer Of the
State of North Dakota, that you have
refused, failed and neglected to meet
or organize as the North Dakota State
Board Of immigration in accordance
with the provisions of Chapter 234 of
the Laws Of 1915 or to perform any
of the duties by said Act prescribed by
you to be performed and still refuse,
fail and neglect so to do;
"N0w, Therefore, you are hereby d.
rected and commanded to meet and
organize as the North Dakota State
Board of immigration and perform
your duties as such board pursuant to
the provisions of the aforesaid Act,
or, in default of full compliance there
with, to appear before this court at
10 o'clock in the forenoon on the 7th
day of September, "A. D. 1915, at the
Capitol in Bismarck, and show cause
why you have not done so, by due re.
turn of this writ.
Witness the Honorable G. J. Fisk,
Chief Justice of the Supreme Court
Of North Dakota and my hand and off,
dial Seal, at Bismarck. North Dakota,
this 20th day Of August, A. D"
ELiHU ROOT HEADS BAR Asso.
CITATION.
Salt Lake City, Aug. 20.-Elihu Root
Of New York was unanimously elected
president of the American Bar asso
citation at its closing business session
today on recommend of the gen.
eral counsel of the association.
The question of admitting women to
membership in the association went
over to the 1916 convention.