Saturday news. (Watertown, S.D.) 19??-19??, 1916-02-03
Suit to Recover From
Norbeck & Nicholson

Dispatches announce the bringing
loE sun by Mr.. Esan against Mr.. Nor,
J. beck for the reutrn by the firm of
/ Norbcrk and Nicholson, of $S,2S0.46
to the state treasury.
Since both of these gentlemen are
. prospective candidates for the repnb-
l llcan nomination 70" the g~overnorship,
Mr.. lEgan having already announced
; his candidacy and Mr.. Norbeck being
supposedly in the race, a brief review
OF the case may lot be inappropriatp.
1t is alleged in the complaint, which
was served on the Rpdfeld firm last
week, that while Mr.. N0rbeck was a
member Of the legislature his firm en-
tered into a contract for the sinking
Of an arteslan well and that they were
subsequently paid for the work.
The complaint further sets forth
the allegations that the state con-
stltution prohibits a member of the
leg .slautre from making contracts
with the state while he is a member
and for n wear after the expiration
OF his term; that the statute of limit
alton tSiX years. will expire in .Aplil
ana that unless suit is brought before
that time the claim against the Red
held firm cannot be recovered; that
those clothed with authority to issue
warrants and TO pay them knew that
the firm could not legally. under the
constitution, accept Day from the
state TO" work done for the state
while a member of the firm WAS Il
member of the legislature; that Ir,
Egan had requested the former atlor-
ney general to bring suit, but that the
Official mentioned neglected and re-
fused to commence action to recover
the money thus alleged to have been
.unlaWfully paid; that the present At.
torney general has likewise neglected
inc refused to begin such action:
that, as a consequence of the refusal
OF these officials to perform their
duties, and because Of the near ap-
proach of the time within which such
action may be brought, Mr.. Egan him
self is bringing suit.
Mr.. Egan declares in the compaint
that he is prosecuting the suit in the
name of the state for the purpose Of
securing the return of the sum men.
TONED, with interest from April 7.
1910, at the rate of T. per cent.
The contract referred to in the COM
plant, upon which the plaintiff seeks
have the Norbeck & Nicholson
company rturn the money paid it for
was entered into in Sep
,ember, 1909, for the construction of
In artesian well on the state capitol
grounds at Pierre, between r. S. Yes
icy, governor, S. c. Policy, secretary
II state, John Hirning, state auditor.
Q. c. Dokken, commissioned of
school and public ands, four members
II a board created by the state legis-
htu1E whose duty it was to pro-
'ure the erection and completion of a
'uilding at Pierre to be used for state
apitol purposes, and Peter Norbcck
nd Charles L. Nicholson, president
nd secretary, respectively, Of the
sorbeck 4 Nicholson company.
SKI -
tThe Saturday News gives the fcre-
7oing information las a matter Of
to its approximately two thous-
nd subscribers in South Dakota. It
not investigated the matter and
oes not assume to understand the
etails of the situation other than rs
tated in the above. The facts will
Undoubtedly be disclosed. whatever
aey may be. The gist and such ex-
lanantion as may be offered vii. BIZ
rinted IN The Saturday News-Edit-
81.
a z n 1 4. EaEE4I&