The Bismarck tribune., 1934-03-31
See Court Test on
Use of CllQrdSt11c,1
Allen Issues Eviction Order on
Assurance Issue Will Be
Determined
sAYsLAW CANNOT BE volDED
Takes Stand Only Supreme
Court Can Determine Pro.
per Uses for Militia

Governor william Langer's use Of
the militia to stop eviction process
issued by the courts appeared to be
headed for the supreme court Satur-
cay.
Police Magistrate Edward 8. Allen,
IL granting an eviction OF process to
II. H. Busch Of Mckenzie against
Grant Turner, q tenant, required the
plaintiffs assurance that In case the
militia was used to prevent the sher-
III from serving the process he would
appeal to the higher courts for q de-
cision as to the governors authority
t. annull the edicts Of the courts.
The plaintiff alleged that the de-
fendant had not paid him for the
lease Of his land and refused to va.
cate the premises after he had leased
the property for q term OF two years
to another tenant. He asked for an
execution ordering that the defendant
be eHcted.
Says Proclamation Void
In granting the order the court
said:
THE court Is OF the opinion that
the governor does not have the power
to suspend the laws that have been
duly enacted by the legislative as
sembly Of the state and duly ap-
proved BY the governor Of the state
Of North Dakota, and does not, there
fore. have the power to prevent this
court from issuing the process Of this
court. nor the execution Of such
process by the officer to whom such
process may be directed for execu-
Ftion at1d whose duty 1t Is to execute
such process, nor has he the power
r. call out the militia Of the state to
prevent such officer from executing
such process. Section rs Of the con-
stttutton Of the state Of North Da-
kota says that the governor has the
power to call out the military forces
only to execute the laws. suppress
insurrectton and repel invasion. Sec
ton u OF said constitution says THE
Military Is subordinate to the Civil
Power"
The governor Of North Dakota has
issued . proclamation forbidding this
court to issue process to evict any
one from the possession of premises,
whether or not in the judgment OF
the ocurt same are held illegally. The
proclamation does not prevent the
court from entering judgment fos
possession but commands the court
not to issue process to evict. Believ-
Ing that said proclamation IL not
binding on this court, it has issued
process to evict against those who
under the law, should be evicted, but
the sheriff Of Burleigh county has
refused to execute s1.ch process be-
ceuse, g returned to this court BY
said sheriff. the governor has called
out the military power and the mill
tary power. fully armed, has used su-
pertor physical force to the extent
that 1t was impossible for him to exc
cute said process. The sheriff has
returned such process wholly unsatis-
tied. leaving the premises still in the
possession Of the one against whom
said process was aimed and directed. -
Judgment Entered Up
In this case ! have entered IN
judgment for plaintiff for immediate
possession Of the lands described In
plaintiffs complaint. namely, the M
Of Section ~, in Twp. l3o. Range n,
IN Burleigh county. North Dakota.
AT this time the plaintiff demands
that the court issue process for the
eviction Of the defendant. The laws
OF the state direct the court to issue
execution directed to the sheriff ia
evtct the defendant from the lands.
This court believes that the ques-
ton Of whether or not the governor
can legally suspend the said laws BY
proclamation and call out the mill
CONTINUED on Pare a.