The Bismarck tribune., 1929-04-25

mAde Dy the taNpayeIS. nu3ueS teS.
titles also that Peterson told him that
McCurdy had said to get Zugcr to
protest. indicating that McCurdy had
notified the protesting taxpayers OF
the position In which he was placed
sioncrs. and suggesting to them that
they employ counsel and make =
formal protest, which Was thereafter
made and mailed by Peterson as
aforesaid.
Peterson also testified that she had
two or three talks with McCurdy At.
ter the resolution wAS passed In No.
vember. and that immediately after
signing the stipulation McCurdy came
see Zuser and obtain protest against
the proposed compromise and send
the same to Judge Crimson: testify
inE also that McCurdy told him that
did not It lthe stipulation) prob
ably would be no good.
The foregoing embodies all the
salient and pertinent testimony
touching this phase Of the case.
charge Net Suatained
From these facts find that the
charge against McCurdy is not sus-
tanned by 2 preponderance OF the evil
dence.. After the resolution was
vened before the stipulation embody-
ing the terms OF the resolution. was
actually signed by McCurdy: In the
meantime he had advised Peterson
taxpayers, OF the situation. OF the
embarrassing position in which he
was placed, and suggested a protest
to Judge Crimson: when the stipula-
ton VAS signed he Immediately mott.
what had been done and confirming
his previous correspondence with tho
judge; protests were filed, the judge
rA <M ~ 0nt nVa
stipulation until the question was
briefed. and the matter is etill pend
ing. 1t should be borne In mind all
the time that after McCurdy made the
plexion Of the board Of county COM
missioners changed. and one OF the
protesting taxpayers himself became
chairman OF the board and voted with
for the proposed compromise. lin.
der these circumstances 1t cannot be
said that McCurdy abandoned the
case of his clients or misconducted
himself in relation to his clients In
terest.
Attorneys and states attorneys
might differ as to the advisa bility or
propriety Of signing . stipulation un.
der similar circumstances or. whether.
being about to leave office. he should
but l do not think that IL the test to
be applied here. Rather. the test
would be whether McCurdy acted in
good faith and In the exercise Of good
all of the facts in the case. and an.
plying that test and consideration all
the testimony. including his own, he
is not guilty.
| C~mpronaise II Barrier
Ey some criticism might be directed
| to his delay and neglect in not pre-
pairing earlier an order for judg-
ment based upon the memorandum
opinion OF Judge Crimson, but the
writer is convinced that even II that
question OF compromise would have
arisen and probably followed about
the same course that 1t did eventu-
The other charge. and far moro SER
ious, is that McCurdy entered into
corrupt agreement with Il. Il. rat
tersQn, whereby he. McCurdy, was TO
assist in bringing about COM
McCurdy for the office OF states at
torney At the election held Nov. 8
The burden Of sustaining the ale.
gAtioN 10. again upon the complainant
and the evidence In, support Of the al
legation Is contained In the testi-
mony of Mt.. Hughes hiNsslf. Mr.
Thomas Poole, Mr.. Jamss Manning
Mr. Fred Petersen. ana the :. exhibit, Exhibit
S1uaiel Wards Vote
Mr.. Hughes testimony, In this con
eIIsions from facts which came t.
n1s knoWieaee. ns kaeH; IN ~, .v .ps IN IN
wards Of Bisnaarck for Mccurdy tina,
Patterson had syppo!ted him so ne
was satlslled Wnet me motase "a,
TOR the signing OF tne st.pulatio.h;; !.
own personAl knowledge, Of. voting
condltions In those wa5os vas ss-! suSe /.
Pl!terson was .snppot.ans Mceuras
ana MS Soncluslpn iH4a ha.,,nnr .ners D.. w..
Ie@e tersen H.nS and = Mccufsy sy' rsows out o
what Fred Peterson and other PEG.
the election returns in those wards
~ nen l saw .ne 1e.h.ns ha,t pI.sev' nneM
! son having supported McCurdy from ron
and KNOWING u csc .wArds;" He knew
of, no fact offitself which Nould es:
to sign the s.ipul,ticn because 81 sI
agreement with Patterson except n.
conclusions he drew from certalF
elrcn,ns.snces a:nn al and fas.s. ..or,.v !,
,h..s rs' r.sd. xs'i y. felle. ss'..y a.
4th Ward y
McCurdy ........,......... ;.n s's
lsy$Ibter ...s..... ..ss.... IL
5th Ward. = =. =,
!, Mct-urdy: 80. ..s............ l55
Register -. .......... l69
, Mr.. Poole, knew ..notlltne about tn.
. 1929 election; he was not IN Burleigl
I county from October until January
lie did not even; know what the vot
was and his tehttmony Eoes .impl!
to establish McCurdy's attitude to
Z ward the PAttEFson tax litigation
when he, McCurdy.. VAS candidat