The Bowbells tribune. [volume] (Bowbells, Ward Co., N.D.) 1899-1969, 1922-11-10
UPHOLDS
CHANGE IN Dist.

the district court last week affirm
ing the action Of the local re-dis
tficting board in taking Richland
out OF the first commits
sioners district and transferring Di--3
lnond and Vanyille townships from
the second to the first, Al n1anda-
mus proceeding was originally start
ed against the board In an effort
to prevent members from making
the change, but this was dismissed
by the court some time ago A writ
OF certioari was later served on the
members of the board and the hear
ing was held in Minot on October
18th. Following are the Findings
of Fact and Order for Judgment as
Issued by the Court:
IN DISTRICT COURT
FIFTH JUDICIAL DISTRICT
STATE OF NORTH DAKOTA
County OF Burke s
State Of North Dakota ex rel H. "A.
Kirkelie as resident, citizen and
taxpayer Of Burke County, North
Dakota. Plaintiff.
VS..
ss G. j. Kopriya, County Auditor OF
Burke County North Dakota, u
L. Finke, County Judge of Burke.
County, North Dakota, and G.. B
Stitt Clerk of the District Court
oil Burke County, North Dakota.
!. constituting the Re-districting
Board OF Burke County. North Da
kota, Defendants,
The above matter CAME on for
hearing before the Ciurt on the 18th
day Of October, A. ID, 1922, at eight
O'Clock p. NJ, Of said day, the Plain
tiff appearing by his attorneys, Fisk
Murphy & Nash, and the defendants
appearing by their Attorneys 3. r.
Sinkler and Greenleaf & Wooledge
. hearing being had ION she WRIT of
certiorari heretofore issued, and the;
return to said writ made by said
defendants. evidence having been
taken, and the conrt being advisd
n the premises, does now find:
That the defendants were at the
time of the issuance Of said writ OF
certiorari the officials OF Burke
County, North Dakota.
That on or about the 9th day Of
September 1922 there was present
ed to said Board petition signed by
rs per cent of the voters of Burke
County. North Dako,a as determin-
ed by the votes cast at the last pre-
ceding general election for members
of the national house Of representa-
tiyes. said petition being as follows
to-wit:
To the County Judge, County
auditor and Clerk Of the District
Court IN and for Burke County, N.
d:
The undersigned, representing
more than 25 per cent of the legal
voters of the County OF Burke, as
determined by the votes cast at the
last preceding general election fer
Congressman, and acting under au-
1hority OF Section 1862 OF the 1913
Compiled Laws Of North Dakota.
hereby petition ys,l as board to
change the boundaries Of eomfnis-
sfoners districts of the COUNTY
of Burke SO that the same shall be
more reasonably equal N popula-
tion. I, sssss
That said defendants, acting as
said Re-districting Board aforesaid,
spet m the srd day Of October, 1922.
atS3s b O'Clock p. M !, and acted upon
said petition, and at said time the
following resolution was declared
adopted by said Board
Whereas, 4 petition scented be-
tors tl,is board representing more
than 226 per cent of the lssal voters
81 the County of Burke, as deternin-
srd by the votes cast at the last pre-
cedine general election for Congress-
man ma acting under authoIty Of
Section a262 1 of the 1913 Compiled
Laws 81 North Dakota an
Whereas said Board II petitionea
to change the bonnda Ies of commits
sioners district 81 the county o.
burke so that the same shall be more
reasonably equal il poplaia n on and
hersas such petition was sign
6y 4 s5 legal voters IS said dis-
which Y ull bef IL .in excess of