The Bismarck tribune., 1919-04-07

the protection of Section 4, Article
4, Of the Constitution Of the United
States. guaranteeing to each state
and the citizens thereof, a republican
form Of government. That the pro,
lection OF the guarantees of the con
stitution of the United States, re.
ferred to, is now claimed by the plain
tiffs in their own behalf and on be-
state. That these plaintiffs and those
in whose behalf this suit is prosecut.
ed have no adequate remedy at law.
Millions involved.
"The constitutional amendments
and acts Of the Legislature herein
before set forth authorize the de-
PENDANTS in the operation and con-
duct of the various enterprises pro-
vided for in said acts to incur and
create, obligations and Indebtedness,
in addition to the obligations and in.
debtedness hereinbeNore specifically
referred to, amounting to millions
of dollars, for which indebtedness
and obligations the State of North Da-
kota stands guarantor, and for the
payment and liquidation Of which
the property of the plaintiffs, and the
other taxpayers of the state Of North
Dakota may be appropriately
Status Of the Plaintiffs.
A section Of the complaint sets
forth the status Of the plaintiffs as
such in the following manner:
That plaintiffs are taxpayers OF
the state Of North Dakota and are
owners of both real and personal
property in this state, and in the
counties of their residence, which is
subject to taxation to meet the obli-
cations of. the state, and also subject
to local taxes. That the plaintiffs, and
the other taxpayers OF the state Of
North Dakota are the~beneficial own
ers, subject to the legal and proper
use thereof by the state of North Da-
kOta for state purposes, OF all mon
eys and funds now In the, treasury OF
the state of North Dakota, collected
by taxation for the purpose of defray-
ing the expenses OF the government
OF the state, and which funds are held
and controlled by the defendants, as
officers OF the state, as hereinbefore
described That said funds are held
in trust by the defendants in their Of
ficial capacity, for the plaintiffs and
other taxpayers of the state. That
said funds now amount to more than
100000. That from time to time ad.
ditional sums Of money, amounting to
hundreds OF thousands of dollars each
year, raised by taxation against lAe
property OF the state of North Dakota
t,,tn
the treasury OF the state, for the pur'
pose Of defraying the legitimate ex'
penses OF the state government, and
the defendants in their official capa-
city aforesaid, come into the custody
and control of said moneys as the
same are collected as he; e;einbefOre set
forth. That the state OF North Da.
kota has no moneys, funds, or prop
erty, aside from that collected by the
taxation OF the property OF the plain
tiffs and the other taxpayers OF the
state except moneys realized from
school and institutional lands granted
to the state by the United States at
the time OF admission to the union.
That said school and institutional
lands and moneys realized therefrom
cannot, under the compact with the
United States, be used for any pur-
pose other than the maintenance and
support OF the schools and institu-
tions of learning Of the state and for
the purpose of maintaining and sup
porting other public institutions of
the state. g. ..-. ~. T. ..8
That the plaintiffs bring this ac.
ton as taxpayers on behalf of them
selves and on beAalf of the other tax
payers of the state who are many
thousand in number, and who have
common and general interest in the
questions presented in this case, and
are so numerous as to make it i'm
practicable to bring them all before
the court
Before Judge Amidon.
The case will be tried by Judge
c. F. Amidon, but there is nothing
certain as to Just when the action
will come up.
No temporary injunction is applied
for.
Attorneys for the plaintiffs are
j. S. Watson, n. C. Young and z. T.,
Commy of Fargo; Tracy K. Bangs,
and Phillip R. Bangs of Grand Forks,
and G. ]. Murphy and T. A. Toner of
Grand Forks.