The Bismarck tribune., 1929-04-25


onerated Of charges filed before the
board by Edmond A. Hughes. Bis
marck capitalist. is published in full
below:
IN THE SUPREME COURT. State Of
North Dakota.
In the Matter OF the Revocation Of
the License OF r. T.. McCurdy to
Practice as an Attorney at Law In
tho State.
To the Honorable Justices OF the
Supreme Court of the State OF North
Dakota:
The writer, to whom was referred
for Investigation the. charges OF T..
4 Hughes OF Bismarck. y. D.. against
2. r. McCurdy Of Bismarck, y. D.,
has the following to report:
The writer has given very careful
consideration to this matters: has
taken testimony at Bismarck OIL two
separate dates. a transcript OF which
evidence accompanies this report: and
received In connection with that tes-
timony large number OF exhibits.
all Of which arc also marked and at.
fixed hereto.
Generally. the charges against Mr..
McCurdy involve two things:
]. Abandonment OF or misconduct
In relation to his clients interests in
litigation involving the Ed. Patterson
taxes in Burleigh county. y. D.: and
=. That he entered into corrupt
agreement with r. q. Patterson in
volving Patterson's support of Nc
Curdy for the office Of states attor-
ney Of BurleiKh county in the cleo
HistoFy of Proceedings
This charge involves proceedings
which have been pending in Bur-
leigh county for several years and a
~fA Il tsA 3 1NSv H.
evidence obtained by the writer, is al
follows:
Edward G. Patterson is the owner
Of q large amount Of improved real
estate In the central part Of the busi-
and there was apparently feeling
taxes that he should. while he. on his
part. felt that he was paying more
aop ns hod Se 81 ss snes
For four years MIR. McCurdy has
been states attorney Of Burleigf
county. The litigation involving the
taxes was first commenced ~ Mr.
tax payer. but that action got no
menced by Mr. McCurdy.. a. state.
attorney, to foreclose the lien oi
taxes upon the Patterson real estate
to be tried on questions of law tht
board Of county commissioners. o
which Patterson was member a
the time. allowed an application To-
relief abating the taxes lsvted asains ms,
$82,s44.40 and for which Patterson
offered to pay and the board agreed
to accept $35,327.15.
1t would appear that the board Q
county commissioners at that tim
was dominated and controlled by Pat
terson who had been for many year
and doubtless still II . political fac
tor to be reckoned with i'll Bisnarci
and Burleigh county: The action Q
the county commissioners was thel
submitted to the state tax commits
sioner for approval and on Octobe
l., 1925. the tax commissioner ap
proved and allowed the compromise
Immediately thereafter Patterson
offered in compromise.
Tax Payers Petition
Thereafter, on october 2. 1928. min
taxpayers of Burleigh county pc
county, McCurdy. to take an appea
from said compromise, as provided b.
Section a2ss c: L. 1918. and an appea
was accordingly made. notice therso
e.rK ane tse Il lbs is 'fss 4ss matte 1a
came on for hearing January %, 1921
before Hon. W. j. kneeshaw, whe
attorneys for Patterson appeared an
moved for a dismissal OF the 0ppea
xnfil xnfh !. va: ,,ss, granted by his order date
From that order Mccurdy. a
states attorney and representing sal
taxpayers. appealed to the suprem
court and that court, on January 2:
der, holding the matter appealabl
under. Section 2165 as amended b
Chapter 227 Of the 1917 Session Law
(See 81 n. D. s1s; 21o n. W. o33).
Hon. G. Crimson Of the second dis
trlct was designated to preside at tn
trial of the matter. and this trial wa
had in Sept, 1927. and memoranda
about April IS. ises. in which
found. among other things, that tn
board Of county commissioners
making the said Patterson CON
promise abused it's discretion an
the commissioners could accept frol
Patterson would be t$45.7ol.54, wit
interest at per cent upon the r.
spective items entering into said tc
tax sales, and which interest.
added to the principal. would aEErt
gate some $S,00O.0o to $10.000.0O mol
and. hence. that the total minimum
amount that the board could accep
under Judge Grimson's order. base
upon said memora ndum opinion I
Judge Crimson were not immediatel
prepared; Mr.. McCurdy admittin
that he was. negligent in not prepal
ing the findipEs as promptly as !
court in Burleigh county in June an
July, 1928. the trial Of an importal
case lasting week at Jamestowl
vacation in Illinois until the midd
promise Of the litigation. bitt'
election in the fall Of 1928 in whiC