The Bismarck tribune., 1919-04-07
LANCER MAKING
READY DEFENSE
IN STATE SUIT
Attorney General and Staff Pre-
pairing for Return in Attack
on League Program
FEDERAL QUESTIONS CITED
Probable That Counsel for North
Dakota Will Question Juris-
dictiOn of Courts

Attorney General William LANCER is
devoting practically all Of his time to
the personal direction Of the prepara-
tion of the states returns in the chan
Gerry action in which all of the cleo
tive state officials except the insur-
ance commissioner and members OF
the railway commission are made de-
PENDANTS in a suit filed last week in
federal court. attacking the Nonpar-
tisan league program enacted into law
at the last session Of the legislature.
1t is probable that one OF the prin.
cipal points raised by the attorney
general will be a question as to the
Jurisdiction OF the United States dis
triCt court. This is believed to be
the most important issue involved, for,
II the district court assumed jurisdic-
ton, taxpayers instrumental in bring
ing the suit assert that they will car
ry the action to the supreme court
Of the United States should they lose
in the federal courts here.
The compliments IN the case
against the league program are: -,
o. B. Severson, Adams county; l. 4.
Wood, Earnes county; Nels Nichols,
George Sideler Of Bottineau; Emil
Scow of Bowman, w. c Martin. Of
Burke, W. J. Howe. and Andrews
of Cass, Henry Mel OF Cavalier,
George p. Homnes OF Divide, B. W.
Hersey Of Eddy, T. W Baker OF Fos-
ter, George Christensen of Golden
Valley, John w. Scott Of Grand
Forks, r. II. Levitt of Grant, L. j.
McGrath of Hettinger L. A. Ander-
son Of kidder, S. b. Oakley of La
Moure, O. r. Bryant Of Logan. Geo,
d. Elliott, John. Satterlund of Mr.
Lean, p. S. Chaffee of Mercer, Alfred
Thuring of Nelson, J. S. Garnett Of
Pembina, J. f. Baker Of Ramsey,
John X. Early of Richland. f. C..
Johnson of Sargent, John G. Leach OF
Sioux, Fred Steckner Of Slope; Fred
l.. ROquette of Stark, lver X. Bakken
Of Steele, ]. l.. Harvey of Towner,
William Bennett of Trail, Nathan Up.
ham Of Walsh, Orlando Brown of
Ward, J. o. Hanchett of Wells, w. w.
Wilde Of Williams, w. H. Cofall E. B.
Roscoe Fand G. Fl. Kinney of LaMoure.
III In the Federal Courts. r...
In connection with the filing of the
action it was announced today that
the case was brought in the United
States courts because OF the federal
questions involved. lfe .t.H ..a .a.
In the bill is set forth the following
pleadingsra ~, .nuat a.. &C.. .......,
North Dakota has an area of 49,
S37 square miles and a population ac-
cording to the war census of 664.625.
1t has SO counties, each of watch is
served by one or more of six rail
roads, whose total mileage including
main line and branch line trackage
is 6,295 miles.
'On the lines of its several rail
roads are more than 250 incorporated
cities and villages, and numerous un.
incorporated hamlets, and all together
more than one thousand railroad
stations or sidings where freight and
merchandise is loaded and unloaded
and numerous privately owned gen.
eral stores where merchandise and
food products, including flour and
all the necessities of life. are kept
for sale, and sold.
~ A0o ~ AAOul III opCI cIlOlI
which are scattered over the various
parts Of the state, with a capacity
varying from 25 to 1900 barrels per
day, and total capacity of 1920
barrels a day, or 100000 barrels ca.
pactty for a year, he mills thus
privately owned and operated have
the capacity of producing between
seven and eight times more flour
consume, and a capacity not only to
feed al 1.-The people of the state, but
still have for export to other states
or countries, over four million barrels
per year. w.. vr
1T has more than 200 licensed and
privately owned warehouses and ele.
vators located at railroad stations in
the several counties of the state
iwth total capacity for storing
grain, OF more than 60,O0O,O0O bushels
1T has 706 state and national banks
with capital stock and surplus rang
ing from $4,000 to $560, 900. .. 81.
1T also has a large number of loan
and trust companies and numerous
loan agencies, specializing in making
OF loans on farm lands, said individ
ual loan agencies being distributed
throughout the state, and in each and
every county thereof, 1t also has &
great number of building and loan
associations specializing in makins
loans upon city property.
North Dakota has an area of 40,
100000 acres more than half of which
is unbroken prairie, and used for graz
ing and stock raising.
The principal occupation of tn
rural population Of this state is tha
of grain growing, dairying and stocl
raising.
THAT q large proportion of tn
taxpayers of the state of North d.
kota, vino are the owners of a larg
part OF the taxable property of tn
state, are in no manner interested il
any Of the business enterprises %
projects authorized and provided fo
by the legislative acts here in ques
tiOn.
Claim lrreparabIe Injury.
THAT IL the state of North DE-
kota were permitted to engage Il
the various enterprises, industrie
and projects hereinbefore referred t
the plaintiffs and the other taxpay
ers OF tho state, in whose behalf thi
suit IL brought will suffer irreparabl
injury and damage and will becom
involved n multiplicity of suit
That fhA plaintiffs and said othe