The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-07-07
Fl. YATES WINS.
INC0URTH0USE.
BUILDING suit
Wins Point Over Selfridge in
Bitter County Seat Fight
of Sioux County
DECIDE DUNN co. CASE CA
Court Holds that Chas. J.
Heen Of Dunn Center Was
Not an Embezzlef

An appeal by SeVeral taxpayers y
prevent the erection Of jail, recor'
vault and building intended T
serve as a courthouse for Slou'
county at Ft. Yates was dismissed
in a decision handed down by tn
supreme court today. The action wa
instituted as a part of the count!
seat fight in Sioux county, wherein
Selfridge seeks to take the count!
seat away, from Ft. Yates.
The case was before the supreme
court on appeal from District Judg'
Pugh, who is affirmed. The case
was brought by L. P. Lorentzen OF
behalf of himself and others against
the county commissioners Of Sioux
county, the auditor and treasurer.
The commissioners had created
fund and entered into a contract fol
the expenditure Of $6,S78 for the
construction of the building to serve
as a courthouse at Ft. Yates, the
quarters previously used being held
unsatisfactory. Several motions were
heard before Judges Pugh and Lemb'
Ike and trial was held at Fl. Yates
August %, 1921. Judge Pugh made
an order for judgment dismissing the
restraining action against the COM
missioners. - @
The work on the new building con.
tinued and it is now said to be about
complete. a. ~
Judge Grace, writing the opinion,
said that since the work was pre-
sumably completed the question be-
fore the court was moot question.
ut is very clear in this case that
the plaintiff has been dilatory in
taking and perfecting his appeal"
said Judge Grace. "Laches, in a pub
lie matter of this character, is rare
ly ever justifiable, and is seldom
viewed with leniency. As we view the
matter, so far as this injunctionsl
proceeding is concerned the ques-
;tions presented or intended to be
presented through. it have become
moot, that il, the situation has be-
come such that any relief intended
to be procured by permanent injunc-
tion is not now available for the
reasons we have above given. We
express no opinion upon the mer-
it's"
Reverse Dunn Center Case
The supreme court today reversed
a judgment obtained by the First
State Bank of Dunn Center against
the Northern Trust Company of
Fargo and Charles ]. Heen for $10,-
900. The supreme court held that
the evidence did not show that Heen,
who was cashier Of the bank, was
guilty Of embezzlement and there
fore the bank could not recover from
the Northern Trust Company on his
bond.
The case was tried before Judge
Berry and jury returned a verdict
Of $4,000 for the bank. Heen was
bonded by the Northern Trust Com
pany. 1t was contended by the bank
that Heen while cashier had entered
into partnership with a Mr.. Schriver
in farming operations and had loan
ed large sums of money which were
lost. Since Heen held an interest in
the crops it was alleged that he was
guilty Of embezzlement in making
loans lacking full security.
The court held part or all of the
directors knew of the operations.
The syllabus written by Judge
Bronson says: "In an action to re-
cover on a fidelity bond where the
cashier in making large loans to a
customer with whom he was jointly
associated in farming operations, it
is held, for reasons stated in the
opinion, that hte evidence is insult
Elclent to establish any embezzle-
nent."