516 



NORTH DAKOTA. 



gagor. It also handed down the decision that costs 

 can not be recovered in a disbarment case by either 

 party in the absence of express legislative authority. 

 At its May session the court advised district courts 

 to look after divorce residences, and declared that 

 the term residence must be construed to mean 

 " domicile " in divorce cases, and held what the 

 law specifies that applicants for divorce must be 

 bona fide residents of the State by an actual three 

 months' residence therein ; and that when other oc- 

 cupation has never been given up, " the lack of 

 bona fide residence is patent " and the court must 

 throw out the case on statutory grounds. 



In the case of the widow of an intoxicated man 

 who died from exposure after having been put off 

 the train, the court held that when the Northern 

 Railroad accepted the intoxicated man as a pas- 

 senger it was bound to exercise due care in looking 

 out for his welfare, and that the widow is entitled 

 to recover damages for his death, caused by cold 

 and exposure from being put off the train and then 

 ejected from the station by the station agent, thus 

 being compelled to remain in the cold till he died. 



In the Cavilier County case, where the Secretary 

 of State refused to place the names of the Demo- 

 cratic nominees in the column with the fusion 

 State ticket, the court decided that the Secretary 

 must certify to the nominations as filed with him. 

 It defined the duties as " ministerial, and not judi- 

 cial." It further said : " The Secretary "is a disin- 

 terested party. He has no duty to perform touch- 

 ing such nominations, except to certify them to 

 the proper auditor. If improper nominations have 

 been filed, any citizen interested may apply to a 

 court of competent jurisdiction, where all the facts 

 can be speedily and certainly investigated ; and if 

 nominations other than as prescribed by statute 

 have been filed with the Secretary, that officer may 

 be enjoined from certifying the same to the county 

 auditors. But if no such restraining order be 

 served, it is the duty of the Secretary to certify all 

 nominations, proper certificates of which have been 

 filed in his office. ' 



The court decided that roundhouses and other 

 railroad property on the right of way are included 

 in the assessment 'of the State board, and can not 

 be again assessed by county assessors. 



The decision was handed down that county audi- 

 tors may issue warrants for the current expenses 

 of the county after the constitutional debt limit 

 has been reached, in anticipation of the tax already 

 levied, though not yet collected, and that such 

 warrants do not augment the existing indebtedness 

 within the meaning of the Constitution. 



On June 8 a decision in the case involving North 

 Dakota lands over which the railroad's right of 

 way was protested declared that neither the city of 

 Bismarck (as owner of the town site) nor the grantee 

 could, under the facts shown, disturb the possession 

 of the railroad company in its right of way extend- 

 ing 200 feet on each side of its road. The case in- 

 volved about |GO,000, and has been in the courts 

 for a number of years. 



An important decision was filed in the Fargo 

 Land Office, setting forth the status of a widow with 

 minor children, and giving her the right to dispose 

 of the homestead. 



In the matter of the State against the North Da- 

 kota Railroad rate, the court decided that capital 

 has a right to proper remuneration, and that the 

 State failed to show that the railroad rates returned 

 more than a proper income on the capital invested. 



Political. The Republican State Convention 

 met at Fargo, July 20, and nominated a full State 

 ticket. The most notable feature of the proceed- 

 ings was the plank relating to higher taxation of 

 railroad property, the resolution being as follows : 



" We believe in just and equal taxation of all pri- 

 vate and corporate interests, and pledge our State 

 Board of Equalization to a higher assessment of 

 railroads than has heretofore obtained in the 

 State." In the matter of prohibition the conven- 

 tion pledged the people "that no backward step 

 should be taken in the maintenance and enforce- 

 ment of the prohibition law." The following nomi- 

 nations were made : For Governor, F. B. Fancher ; 

 Lieutenant Governor, J. M. Devine; Secretary of 

 State, Frederick Falley; Auditor, A. N. Carlblom ; 

 Supreme Judge, N. C. Young; Treasurer, D. W. 

 Dnscoll ; Superintendent of Public Instruction, 

 J. G. Halland ; Commissioner of Insurance, G. W. 

 Harrison ; Attorney-General, John F. Cowan 

 Railroad Commissioners, Luke L. Walton, John 

 Simons, and Henry Erickson ; Congressman, B. A. 

 Spalding. 



The Democratic and Populist State conventions 

 met at Fargo, July 12. The Democrats approved 

 the Chicago platform ; and on the conduct of the 

 war against Spain the convention declared : " We 

 rejoice in the glorious achievement of our army 

 and navy, whose magnificent victories, participated 

 in by citizens of every State in the Union, have 

 added imperishable luster to our arms, swept away 

 the last vestige of sectionalism in our country, and 

 revealed us to the world a united people." The 

 platform charged the Republican party with neg- 

 lect and betrayal of their official duties ; demanded 

 greater economy in State expenses ; a more strin- 

 gent system in investing and guarding the school 

 funds ; and that the valuation of railroad and 

 other corporate property be raised to a just and 

 reasonable basis, as compared with farm lands and 

 other taxable property. 



The Populists adopted a platform that was a com- 

 bination of the platforms of St. Louis and Omaha. 

 The joint conference committee reported in favor 

 of calling the new party "Independent Demo- 

 cratic," which name the Democrats adopted after 

 much opposition. The Populists debated many 

 hours upon the adoption of the name, but accepted 

 it finally. 



The fusion committee of Democrats and Popu- 

 lists placed the following ticket in the field: For 

 Governor, D. M. Holmes; Lieutenant Governor, 

 W. A. Bentley ; Secretary of State, Samuel Tor- 

 gerson ; Auditor, C. G. Bade ; Treasurer, Thomas 

 Bolton ; Attorney-General, S. B. Bartlett ; Super- 

 intendent of Public Instruction, C. C. Schmitt ; 

 Insurance Commissioner, W. M. Campbell; Com- 

 missioner of Agriculture, A. L. Whipple ; Supremo 

 Court Judge, C. J. Fisk ; Railroad Commissioners. 

 Robert Fleming, N. J. Bjornson, and II. L. 

 Hevener. 



The official returns were as follow: Governor, 

 Fancher (Republican), 28,308; Holmes (Independ- 

 ent Democrat), 19,496. Judge, Young (Republic- 

 an). 27,989 ; Fisk (Independent Democrat), 18,400. 

 Lieutenant Governor, Devine (Republican), 28.703 ; 

 Bentley (Independent Democrat), 17,282. Secretary 

 of State, Falley (Republican), 28,143; Torgersoa 

 (Independent Democrat), 17,516. Auditor, CarM 

 blora (Republican), 28,165; Bade (Independent 

 Democrat), 17,480. Treasurer, Driscoll (Republic- 

 an), 28.946; Bolton (Independent Democrat), 16,- 

 843. Attorney-General, Cowan (Republican), 28,- 

 768 ; Hildreth (Independent Democrat), 17,064. 

 Superintendent of Public Instruction, Halland 

 (Republican), 27,805 ; Shafer (Independent Demo- 

 crat), 25,803. Commissioner of Agriculture. Thonms 

 (Republican), 28,334 ; Whipple (Independent Demo- 

 crat), 16,783. Commissioner of Insurance, Harrison 

 (Republican), 27,764; Campbell (Independent Dem<>- 

 crat), 17,311. Commissioners of Railroads (Repul)- 

 lican), Walton, 27,249; Erickson, 27,567; Simons, 





