The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-09-22
JUDGE COOLEY
SUSTAINED IN
PER CURTAIN
Next Step Will Be Appoint
ment of Two Statewide
Bank Receivers
FORMAL OPINION SOON
Objections Raised by Lemke
in Slope Cases Held Not
Well Founded

The state supreme court today
handed down Per Curiam, short
form decision sustaining District
Judge Charles M. Cooley's decision
overruling the demurrers filed by
Attorney William Lemke of Fargo,
attacking the constitutionality OF
Senate Bill No. 267, passed by the
state legislature during the 1923
session.
In the original suit instituted by
attorney general George Shafer, un-
der the provisions of Section 18 of
Senate Bill No. 267, 67 insolvent
banks were made defendants. Sub
sequently IT. additional defunct
banks were added to that list.
The basis of the suit was the pro-
vision of Section 18 Of the Act,
which authorized the state supreme
court to appoint court commission
er for the administration Of the de-
func. banks affairs, or in lieu
thereof to designate or remind all
papers in the cause to the District
Court of Burleigh county, the latter
being empowered to appoint two
statewide receivers.
Attorney Lemke argued an appeal,
representing the Slope county State
bank of Amidon, the Regent State
bank of Regent and the Security
State bank of Courtenay, before the
state supreme court September u
the decision being then reserved. !
AS stated in the opinion the su-
preme court did not reserve original
jurisdiction and appoint court
commissioner as provided for in the
Act, but instead, under that section,
remanded all papers in the cause to
the District Court of Burleigh coun-
ty. and appointed Judge Charles, M.
Cooley of the First Judicial District
as the trial Judge to try the contro-
versy.
The demurrers interposed by At
torney Lemke to the complaint OF
the attorney general, attacking the
jurisdiction of the court and the con-
stitutionality of the law, were over
ruled by Judge Cooley. Today's SUI
preme court opinion sustains Judge
Cooley's decision.
The supreme court per curiap was
given for the purpose Of expeditine
the administering Of the "a defunct
banks affairs. As stated in thu
opinion, this will later be followed
by an opinion meeting with the OBJ
jections raised in q more complete
and detailed manner.
The supreme courts opinion fol
lows:
IN THE SUPREME COURT
State Of North Dakota.
Estate of North Dakota, for itsel
and on behalf of all creditors of tn
defendant banks, Plaintiff and Re
spondent.
%First State Bank Of Jud, ct al
Defendants.
"Slope County State Bank of Am
idon, Regent State Bank of Regent
and Security State Bank Of Courte
nay, Defendants and Appellants.
t"Per Curiam: This is an action in
stituted by the Attorney Genera
pursuant to Senate Bill No. 267, Ses
2 sion Laws of 1923 for the purpose o
having certain banks declared insol
vent and their affairs wound uI
This court refrained from entertain
ing original jurisdiction of such pro
ceedink, and in accordance with Sec
.ion 18 of said Act caused the paper
and files therein to be transmitted t
the District Court Of Burleigh Coun
ty, and designated the Hon. Chas. n
Cooley, one Of the Judges of the Fira
Judicial District to hear and try sal
controversy.
"The Slope County State Bank {
Amidon, Regent State Bank Of Re
Z gent, and Security State Bank 9
Courtenay, appeared in said proceed
ing in the District Court and asser
ed that Senate Bill No. 267, Law
1923, is unconstitutiona and that tn
proceedings authorised therein an
then pending in said District Coul
were violative Of certain provision
Of. the Federal and State Constit,
tions. The District Court overrule
these contentious, and the said name
three banks sppealed.
ut is held that the Cons stitution,
objections raised BY the appellant
are not well founded and the ordG
appealed from u affirmed. An opil
ion will be later filed setting fort
more fully the grounds on whic
this conclusion IL based.
Fl. A. BRONSON,
A. NJ. CHRISTIANSON,
L. p. BIRDZELL, It'll /
w. L. NUESSLE,
SVEINBJORN JOHNSON.
AS result Of this opinion tn
state-wide bank receivers may so<
be appointed BY Judge Cooley subje
u to the confirmation II the supren
court.
There are bees In some parts
the world who're honey n poisonous