Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1919-05-22
MISS NELSON WINS
IN ACTION BROUGHT
BY NEIL MACDONALD
Judge Nut..le RI'le. / Statute
Unconstitutional | Case to
Be Appealed, Rumored.

Be Appealed, Rpmored.
Bismarck, N. D., Hay 2o.-(spe-
cial. Neil G. Macdofald in district
court Monday afternoon fooled his
second attempt to Quit Miss Minnie
J. Nelson state superintendent Of
public instruction frbm the Office
from which she ejectef him last Jan
uary, first with the. aid of an 5000
of the electoral vote Of
North Dakota and s5cond with a
writ of mandamus from the supreme
court. Judge NuesAe in district
court held the statute under which
Macdonald sought to tisqualify Miss
Nelson unconstitutional.
Announcing his decision from the
bench. Immediately at the conclusion
of arguments in thetquo warranto
instituted| by Macdonald
in an effort to PROVE his successor
unqualified for the Office which she
holds, Judge W.. L. Nuessle yester-
day delivered the following opinion:
II think l might as well decide
this case here and now. There has
been some question III my mind on
a point which has nSt been raised
in this case or In thh argument at
this time, and. not being raised. l
don't think 1t is necessary to pass
upon it at this time. 4
1T seems to me that the statute
which argument has been
made here, must beaheld unconsti-
tutional under the pr1Eisions of Sec.
80 Of the constitutions I personally,
cannot see any oth& construction
that can be placed upon it in view
of. the various other ections Of the
constitution with reference to the
publications of varioas Of the other
officers, to-wit:: county superinten-
dents. judges Of: the salistrict court,
judges of the supreme; court, and va
r1ous of the other officers. That be-
ing the case, / shall have to find for
the defendant at this particular time.
/ anticipate that both sides are an
xious to have this matter finally. dis
posed OF and decide the matter at
this time thus expeditiously for that
reason, because it is a matter of
great import; a matter of great con-
cern to the litigants in this case, and
to the public generally.
II am not passing upon the vari
GUS other. questions that are raised
here, as I deem it is not essential
that they be passed upon. am
making this decision solely on the
ground that the statute here in ques-
tion is unconstitutional and that the
words Of Sec. 80 of the constitution
providing that there shall be chosen
these various officers who shall have
attained the age of 25 years, shall he
of the United States, and
shall have qualifications of state elec-
tors, is determinative of this pro-
ceediRg. That will be the order"
Will Be Appealed.
It is expected that Macdonald will
appeal from the order
Of Judge Nuessle to the supreme
court. The complainant is repre-
sented by Judge John Carmody of
assistant U. s. district at
torney; Ed. s. Allen, states attor-
ney Of Burleigh county, and ]. A.
Hyland. Miss Nelson's defense Is
being handled by Attorney General
LANCER, with Assistant Cen
eral e. B. Cox on the firing line.
Macdonald's counsel called Miss
Nelson to the stand Monday after
noon, and subjected her to a perfume
tory examination which did nothing
further than to disclose the fact that
she holds first grade life profess
sional teachers certificate of the
same grade as that held by Mr.. Mac
donald.
FOUR AUTO BANDITS
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