Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-07-14
Formal Application.

Attorney Andrew Miller, who ID
presenting the case for the committeo
of Bismarck attorneys, made formal
application at the hearing yesterday
for an order directing Mr.. Hall to per
NIT an examination of the petitions.
Until this can be done, Bismarck'9.
case is blocked as one Of the chief
features Of this city's case is an ~
tack upon the sufaciency OF these n.
titions.
Mr.. Hall was directed to show
cause why he did not allow an exA1n-
ination Of the records Hs- appaaraA
In court at 2 p. M, and was repre-
scented by NJ. w. Jackson Of 'NSW
Rockford, one Of the attorneys for
the capital removal commission. Mr..
Jackson presented Mr.. Halls reasons
for refusing access to the records -
follows:
Halls Reasons.
First: Because the petitions were
voluminous and hard to handle.
Second: Law provides no means
for recording or safeguarding the Pc
titions. ~.
Third: In the examination few
sheets might be misplaced or lost and
then there would not be SUFFICIENT
number of signatures to referend' the
proposition. 8"
Fourth: The secretary Of states
office is extraordinarily busy now and
has not the time nor the help to sup.
ervise properly the examination of
these records by the public.
Fifth: Declares he is willing and
ready to allow inspection but that
there is no law to protect him against
possible destruction or mutilation Of
petitions. ,s-.4..'-
Sixth: That he has given New
Rockford receipt for some $4,000
names.
After Mr.. Jackson had presented
these reasons, Justice Christianson
said:
"Are not most of these conditions
applicable to all state records?"
Miller Insists On Point.
In answer to the objections, Mr..
Miller made no argument. He insist
ed that the petitions were public rec.
ords and that 1t was the right OF any
citizen to examine them. Mr.. Miller
declared that 1t was the positive duty
Of the secretary of state to aid and.
facilitate such examination.
The hearing before the court yes-
terday was upon the petition OF Otto
Bauer Of Mandan for an Injunction
to restrain Mr.. Hall from putting the
capital removal proposition upon the
ballot next fall on the ground NIT
the amendment to the constitution
was not self executing.
No legal arguments were presented
as Aubrey Lawrence Of Fargo. repre-
senting New Rockford, raised the
question of the Jurisdiction OF the
court. He declared that this; was t1o
chief contention OF New Rockford.
Adjournment was taken until Dsxt
Tuesday to enable BismarckS att0r
neys to prepare an answer to tie d.
fendant's brief.
Tom Hairs Position.
Thomas Halls action yesterday n
refusing to allow the attorneys Tor
Bismarck to examine the New Rock
ford petitions without IN order OF tAS
supreme court, brought exprossiooS
Of surprise from the members of tat
bench. Audrey lawrence, appearing
for New Rockford. declared His eli
ents did not object to the sxamfnat
ton. He even went 80 far. - t.
leave the court room for the purpose
| OF interviewing Mr.. Hal; secretary 6
state, on the proposition. His uip
was fruitless, except that - sugUoD1p
ed the court hear Mr. Hall Il Hqca.
tive session and that beAin1 caoo6l
doors the secretary b glVoa - -
(continued % faes 1Wel