Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-12-06
rHE H1sron1cA1 soo1ErY.
Order for Judgment Filed by the supren
COurt-The Executive Council Supiaine

Order for Judgment Filed by tho Supreme
Court-The Executive Council Sustained
"A History of the Origin Of the suit.
Reference has been frequently made in
our columns to an action brought in the
supreme court by the executive council of
the Minnesota Historical society against the
corporators of said society, to determine
which body was the governing power of
the society-or, more properly, which is the
society itself. The claims of each of
the contestants have been several times re-
lated, but it may be well to give them briefly
again. The original charter of the society,
passed in l849, constituted @. K. Smith and
eighteen other gentlemen ssand their asso-
ciates,' body corporate, etc. It is now
claimed by Judge Goodrich, one of the ac-
tive parties in the contest, that the words,
"and their associates" are surplusage, and
of no effect or force, and that the corporate
franchises and powers wero conferred on the
nineteen gentlemen named and their success
sors, to be elected by them, and that they
| were thus constituted perpetual trus-
tees to manage the society, and
the number never could be increased. Such
| does not, however, appear to have been the
view taken by the nineteen gentlemen at
! that time, for they at once commenced elect.
| ing other citizens as members, on the pay
nent of fee, and these members alwaS S
participated fully in all the rights and privi-
leges of the society. In 1856 an amendment
was made to the above chapter, creating an
executive council of twenty-five members,
on whom was laid the active business man
agement of the society. They were elected
by the nembere of the society every three
years.
Last year the question as to the validity of
the act of 1856, and the rights of members,
came up in way that could only be settled
by an appeal to the court. The executive
counsel Brought the issue in the shape of a
quo a0a7T0nt0, directed against the corpo-
rators Che seven survivors and twelve sue
cessors elected by them). The supreme court
patiently considered the arguments and
points, and yesterday the following order sus-
taing the executive council was filed by
Judges GilGllan and Cornell, Judge Berry
not sitting:
State of Minnesota Supreme Court, April
Term, A. D. 1875 No. 48.
The State OF Minnesota, ex. rel. the Attorney
General, relator to Henry Fl. Sibley ct ais,
respondent. Information and order for writ
of quo aCarrd7atO.
This cause having been duly argued and sub
mitted at the general April term of this court,
A. d. 1878.
Now after full and mature deliberation it is
here and hereby ordered that judgment be en-
tered as prayed for in the petition or informa-
ton upon which the writ issued, and that the
relator above named give judgment accordingly.
GILFILLAN, c. j.,
CORNELL, j.
Entered December 9th. A. D. 1873.
By the court.
Attest: SAMUEL 81. NICHOLS. Clerk.
BY W. A. NICHOLS, Deputy Clerk.
The opinion has not been filed yet, 80 the
full views of the court are not given.
1t is to be sincerely hoped that this will
end the controversy. No good, but great
harm to useful and deserving public insti-
tuition can only result from any farther dis
agreement, and the people who have gener-
ously sustained the institution, will not view
with patience any farther contest.