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

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rotary of state has been hostile to us
all along. He refuses to let us see
these petitions without an order Of
the court"
Here Chief Justice Fisk suggested
that Mr.. Lawrence and Mr.. Miller go
and ask Mr.. Hall to allow an exami-
nation and see II an amicable under
standing could not be had.
Not In Begging Business.
II do not feel like going before a
public Official" replied Mr.. Miller,
"and beg for a public right"
Mr.. Lawrence and w. NJ. Jackson
of New Rockford, at the request Of
the court, went below to see Mr.. Hall.
In five minutes the two returned.
'Mr. Hall suggests" said Mr.. Law
renee, "that the petitions be turned
over to the custody of this court and
examined as they direct"
Dodges Responsibility.
"The court does not care to be re-
sponsible for the petition" answered
Justice Goss. 1T looks as though
Mr.. Hall were attempting to shirk
responsibility in this matter"
"Mr. Hall has personal reasons"
explained Mr.. Lawrence, why he re-
fuses to allow an examination. ] sug-
gest that the court hear him in exc
cutive session. He told me but as /
am not representing him here, do
not care to state what he said to me.
We have no objection to the most
thorough examination on the part Of
the plaintiffs attorney in this &C
ton" 4
Mr.. Miller then told the court that
Bismarck attorneys were willing to
examine the records under any fair
conditions Mr.. Hall suggested.
Armed or Unarmed.
"He can post as many deputies
about, armed or unarmed," said Mr..
Miller, as he cares to. Mr.. Hall has
constantly told me that upon advice
he had refused to allow anyone to see
the petitions. Only yesterday we
made the request"
Justice Fisk then directed Mr.. Mil
Ter to draw up an order returnable
at 2 p. m. in the afternoon, directing
Mr.. Hall to show cause why he should
not produce the petitions for purpos-
es of examination and verification.
Stopped Examination.
The Bismarck Taxpayers Protect |
i've association met with the same re-
buff from Mr.. Hall when it's repre-
sentatives sought to examine the pc.
titions in order to verify the sigma
lures. Some 600 or 700 names were
copied and postal cards sent to the
alleged signers asking them if they
desired to withdraw their names.
Some cards came back unclaimed
Others asked to have their names TAX
en- off.
When the 700 names were secured,
Mr. Hall placed lid on the proceed.
ings and refused to permit anyone
from Bismarck to examine the sigma
lures or take any steps to investigate
for fraud or Misrepresentation. It
was desired to do this prior to the
last day for filing so as many with
drawals as possible could be secured
Legitimate Action.
This action has always been re-
garded as legitimate. 1t has been |
done in other capital removal con-
tests. Oklahoma ueed the same pro- |
cedure to ascertain whether certain |
signatures were genuine or not.
Mr.. Hall, however, from the first |
has shown a hostile attitude toward |
the citizens of Bismarck in their ef-
forts to verify these petitions.
The court opened yesterday morn
ing with Justice Fisk, Goss, Christian |
sen and Bruce on the bench. It was
explained that Justice Burke had |
been called away suddenly, but that
he would sit when arguments were |
presented and participate in the judi !
cial findings.
Justice christensen Explains.
Before the arguments were started |
Justice christensen explained that |
he had recently purchased property |
in Bismarck and that if any of the
attorneys for New Rockford felt that |
this disqualified him, he was willing |
to step aside.
Mr.. Lawrence for New Rockford re-
piled that the matter at issue was
one clearly of law and that he was
satisfied that no one on the bench
could be disqualified. Mr. Miller re-
piled in similar vein and the incident
was closed.
Merge Actions.
Mr.. Miller explained to the court