The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-07-24
BANK CASES TO
BEHANDLEDIN
: BURLEIGHC0.
Supreme Court Directs All
Matters Transferred to
District Court Here
JUDGE COOLEY NAMED
Grand Forks Jurist Will Act
Especially in the Many
Cases Involved

Affairs of closed banks in North
Dakota will be settled in the Burleigh
county district court, with District
Judge Charles M. Cooley of Grand
Forks presiding, under an order of
the supreme court promulgated to-
day.
In making the order, the supreme
court did not appoint supreme
court commissioner to hear evidence
and report to it IN the exercise of
original jurisdiction in closing up the
affairs of closed banks, as provided
in an act of the 1923 legislature, but
acted under another portion of the
same legislative enactment placing
the matter in the district court of
Burleigh county.
The original application of Attor-
1ney-General George f. Shafer against
'all of the closed banks of the state,
to have them declared insolvent and
wind up their affairs, was ordered
transmitted to the clerk of court of
Burleigh county, and District Judge
Cooley was directed to give preced-
ence to the bank cases over all other
Y tive enactment.
Order Of Court
The supreme courts minute order
follows:
Whereas, complaint and original
application for the exercise of origi-
nal jurisdiction by this court has
been filed by the Attorney General
pursuant to chapter %, laws of 1923,
and
Whereas, this court after full con-
sideration of the same IL of the opin-
ion that the application should be
disposed of under Section 18 of the
Act by transmitting the papers and
files therein to the Clerk of the Dis !.
trict Court of Burleigh county, and
in the exercise of it's supervisory jur-
isdiction designated District Judge
to act, now, therefore, it Is
"Ordered, that the original appli-
cation Of the Attorney General and
all papers and files therein shall be
transmitted to the Clerk of the Dis
trict Court of Burleigh county and
that court shall be and Is vested with
full jurisdiction to hear and try all
istration of insolvent banks, pur-
suant to chapter %, laws of 1923, and
the court hereby designates the Hon.
Charles M. Cooley, presiding judge
of the First Judicial District, as the
District Judge to hear and try the
same. Such District Judge is direct
ed to give precedence to such contro-
yersies over all other work and in the
disposition thereof shall be governed
by the provisions of Chapter 2S,
Laws of 1928"
What Law Says
The law referred to provided that
"in case the supreme court shall be
of the opinion that it's original jurls-
diction does not extend to the. con-
Scoversy or controversies referred to
IN this act, or if for any other reason
the supreme court shall refrain from
exercising its original jurisdiction
with respect thereto, the proceedings
shall not be dismissed but all papers
and files therein shall be transmitted
to the clerk of the district court of
Burleigh county, and that court shall
be and is thereupon vested with full!
jurisdiction of such proceeding, and
thereupon the supreme court, in the
exercise of its supervisory jurisdic-
tion shall designate some district
judge to hear and try said contro-
versy or controversies, and the judge
SO designated shall give precedence
to such controversy or controversies
over all other work and in the dis
position thereof he, shall be govern
ed by the provisions of this act and
endeavor in every way to carry the
same in effect"
Judge Cooley, it is understood, was
named especially because all of the
time of judges Coffey and Jansonius
is occupied in the district