The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1921-07-21
Courts Asked to Stop
Delivery of Lemke
House; Lac Violated

restrain the state industrial commits
sion and the home builders associa.
tion from delivering a residence anG
garage to William Lemke, attorney
general, in Fargo, was placed in the
hands Of the sheriff Of Burleigk
county for service Saturday night
J. w. Brinton is the plainSM.
During the tendency Of the suit ir
which the state homebuilders law
will be tested, the plaintiff asks that
temporary restraining order issue
The suit is directed against Cover.
nor Frazier, Commissioner of Agri.
culture Hagan and Attorney General
Lemke as members of the industrial
commission; John B. Adams, mana.
ger of the homebuilders association
and William Lemke individually. The
defendants are notified that on 1C
a. M, July 25, in the district court OF
Burleigh county the plaintiff will
mvoe for the restraining order.
Brinton, who brings the action as
taxpayer, asserts the homebuilders
act is being violated in the building
of the Lemke house in Fargo, which
he says is Of the approximate value
Of $25,000. His attorneys are Fisk
Murphy and Nash of Minot, with
John F. Sullivan, of Mandan and
Arthur LeSueur, of St. Paul, of coun-
sci.
Violation of Law Charged
The complaint says in part:
"That pursuant to the provisions
of chapter $50, laws of 1919, and
chapter l5l, laws of 191, of the State
of North Dakota, the said State of
North Dakota engaged in the enter
prise of providing homes for residents
of the State of North Dakota, and in
furtherance of such enterprise estab-
lished a business system operated by
the State of North Dakota under the
name of the Home Builders associa-
ton of North Dakota, that pursuant
to said chapter $50, the Industrial
commission, consisting of the gover-
nor, the commissioner Of agriculture
and labor, and the attorney general
of the said state, was authorized to
manage and control the Home Build
ers association, to look after and
maintain it's place of business, and
acquire by purchase, lease or the ex-
ercise of the right of eminent domain,
all requisite property and property
rights, and to construct, repair and
remodel buildings and to appoint a
manager of, such home builders asso-
citation and such subordinate officers
and employees as it might, judge ex-
pedient; that the intent and purpose
Of said act was to promote home
building and the ownership of homes
in the State of North Dakota by per
sons of small means; that pursuant
to. the provisions of.section 6 Of said
act the said home builders associa-
ton and the officers thereof were ex-
pressly limited and restricted in the
building or purchasing of homes to
the sum of $4,000, that is to say, that
the said act specifically provides that
no homes shall be built or purchased
and sold at price to exceed $4,000,
except in case of a farm home, in
which case the selling price shall not
exceed $4,000.
,"That Notwithstanding the express
provisions of said act the defendants,
wholly disregarding the same, and in
contraventiqn Of the provisions there
Of, have entered into contract with
the said William Lemke to purchase,
construct and build for the said Will
liam Lemke, home in the City OF
Fargo, far in excess Of the said limi-
tation Of $4,000; to-wit: Of the value
of approximately $4,000, which said
property is more specifically described
as lots 20. l, "a and %, in block PIP,
Erskine's addition to the City of Far
go, according to the certified plat
thereof, filed for record in the office
of the register of deeds in and for the
county of Cass State of North Da-
kota the title to which property is in
the name Of the State Of North Da-
kota doing business as the Home
Builders association of North Da-
kota *.