The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-09
WILL DEMAND
THAT CONTRACT
BE CANCELLED
Continued from Page One.)
What Is Alleged

|
Plaintiffs alleged 'on information
and belief that +. o. Hellstrom has
! entered upon the performance of
the alleged contract, is mourning q
large amount of expense in en-
deavoring to discover property in
Burleigh county which has escaped
taxation and unless restrained will
present to Burleigh bounty large
bills for expenses so incurred. that
a large amount of property which
it is claimed has escaped taxation
for the last six years past has been
placed or attempted to be placed
upon the tax lists of the county
through the efforts of HellstrOm
rand that as taxes are collected for
such property HellstrOm expects
to present bills and unless restrain
ed will present and receive pay
ment.
The complaint further alleges:
"That the said F.. O. ,Hellstrom is
irsolvent and wholly unable for
such reason to respond in damages
CT to be made to return to Bur
leigh county any money that may
be illegally paid to him.
THAT the said Burleigh county
has a full complement of county
officials duly" elected, qualified and
acting, who are paid regular sal
aries. whose duty it is to place. ali
taxable property in Burlegih coun-
ty, North Dakota, upon the tax lists
OF said county and to. assess same
for taxation, and to do all things
necessary and needful to assess
sues: taxes and to collect same; AMI
that the said pretended contract
between the said board of county
commissioners of Burleigh coun-
ty. North Dakota, and said +. O.
Hellstrom Isl ultra wires, null and
void. -
THAT the plaintiffs are without
any remedy at law, and unless tha
defendants are enjOined from car
ryfng out said contract and issuing
and paying warrants of said Bur-
leigh county in payment of said
work under such contract, the
plaintiffs and taxpayers of said
Eurleigh county will suffer irrepar-
able injury in the payment of their
taxes and the amount thereof.
Prayer of Plaintiffs
Wherefore, plaintiffs pray judg-
ment Of this court:
1. That the defendants, and each
CT them. Jointly and seV1rally, or
by their agents or servants, be re-
strained and senjoined from in any
manner carrying out said contract
~ :" with the said defendant,
F. 0. Hellstrom, and that said con-
" ACT so made with the said de-
fcndant by adjudged null and void.
2. That the said defendant con-
shutting the board of county COM /
missi0ners, and their successors in
office, and the defendant Frank
Johnson. and his successor in Of
flee, as county auditor, be restrain
ed and eniOined from in any man
ner issuing warrants of the said |
Burleigh county, or permitting or
authorizing the issuance Of such !
warrants in payment of the amount
which may become due or claim to |
become due or any part thereof, 80 |
the defendant, F.. o. HellgtrOm, .un-
der said purported contract; and |
that the defendant, j. A. Flow, and
his successors in office, as county
II easurer, be restrained and en-
joined from. in any mannerA or
permitting or authorizing the pay
ment OF any warrants of. the. said
Burleigh county in carrying out |
said contract; and that the said de-
PENDANT, and each of them, be per
manently enjoined and restrained
from In any manner CARRYING out.
said contract.
That q restraining order in some
Hrm issue pending, the, determine
ton OF this actions /,
THAT the plaintiffs have 5such |
other and further relief In the |
premises as shall he just and
equitable; and that they recover
ct defendants their costs and dis
bursements herein.
Attorney for plaintisff are New
ton. Dullam and Young, 3
Some time ago notices were is. I
sued by County Auditor johnson,