The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1920-06-10
BRINI0N NEWSPAPER
GRAB ACT DECLARED (
TO Be IMPERATIVE
Supreme Court Splits on COnstitu-
tionality of Bill But Agreed Four
to One for Dismissal of Case.

Mandan, Md, June 10.-The Brin-
ton newspaper Grab Act is invalid
and imperative.
The North Dakota Supreme Court
by compromise jdgement has split
two and two on the matter of consti-
tutionality but agreed four to one
to dismissal Of the case brought by
Tim Daily and others of Grant County
to force the commissioners to print
official proceedings in the League pap
er at Carson.
Tim Daily, presumed to be Non
Partisan leaguer, brought action to
force the printing of official publica-
tions in the Townley named and Brin-
ton controlled official paper. Judge
w. C. Crawford held the law uncon-
stitutional. Daily appealed to the su-
preme. court and Justices Christianson
and Birdzell held the law unconsti-
tutional, Bronson disqualified himself,
and Robinson and Grace, quoting the
vote of the mislead people, reversed
the Crawford decision of the district
court. .,.s. 49,. .-4-J'-~
Yet in the remittitur handed do wn
the four judges agreed that the case
was reversed and to dismiss the ac-
ton.
The effect of this action by the su-
preme court is the same as to declare
the law inactive and imperative and
any legal force brought to insist on
legal publications being printed i'm
official league newspapers to be in
valid.
Attorney ]. F. Sullivan of Mandan
and Attorney T. F. Murtha of Dick
inson handled the test case for the
North i, Dakota Press Association.
Judge Crawford has signed an order
dismissing the original action with
out costs to either party.
The order of Judge Crawford, bas-
ed upon the findings of the supreme
court is decidedly interesting. It is
as follows:
Timothy P. Daily,
Robert D: Breezy, as County Auditor
of Grant Co., ct al.
The above entitled action having
to restrain the defendants from pub
fishing any official notices of Grant
County in any other paper in Grant
County North Dakota, than the pap
er designated by the State Publica-
tion and Printing Commission; and
from paying Or causing to be paid
any of the moneys of Grant County
for any other County official print
ing or publications in any other paper
than that designated by said State
Publication and Printing Commission
and the defendants having demurred
to the complaint Of the plaintiff, and
such demurrer after the hearing hav-
ing been sustained by the Hon. W.
C. Crawford, one of the Judges Of
the District Court Sixth Judicial Dis
trict; and the plaintiff having appeal
ed from such decision Of so sustain
ing said demurrer, to the supreme
court of the state of North Dakota,
and said action having been duly sub
mitted to the supreme court of the
State of North Dakota, and such s,r-
preme court having filed the opinions
of tho various members thereof; and
If he;n~ no"ossary that four judgeG
Of said supreme court should agree
that the law involved in the contrc-
versy was unconstitutional before it
could be declared Unconstitutional, and
two of such judges having held that
the law wss unconstitutional, and two
Of such judges having held that such
law was constitutional, and such cpin-
ions having resulted in the order of
the supreme court reversing the de-
cision sustaining such demurrer which
results in the overruling of said de-,
murrer; and all of the judges of the
supreme court having agreed that
such decision should be reversed, and
haying promulgated it's order accord
ingly, and all of the judges agreeing
that the action should be dismissed
and having filed it's remittitur ac-
cordingly,
Now, Therefore, on such remittitur
and the decision Of the court therein
and on the opinions and
orders Of the Judges of the supreme
court 1T IS ORDERED that the said
demurrer be overruled, and in accord
ance with such remittitur and the
orders Of the judges of the supreme
court, it is further ordered that said
ACTION BE DISMISSED without
cost to either party
Let Judgment be entered accord
ingly by the court.
w. c. Crawford,
One of the judges of the
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