The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1886-05-21
THE INJUNCTION Case
The Court Declares that the County
Commissioners are the Author.
lied Agents.
To Determine the Needs Of Coun.
ty Buildings.
The Injunction Proceedings not
Sustained.
Both Sides Reviewed and the Judges
Decision Given,

| Both sides Reviewed and the Judges
| Decision Given.
The injunction case brought agains
the County Commissioners, and whicl
was tried last Friday, called out mum
Der of farmers, and the interest in TIN
city also induced many to listen to tn
arguments presented. In order tina
The FREE PRESS readers may get com
prehensive idea of the points of law pre-
sented by either side, we give the brief
of both sides, together with the decisio
of Judges Severance and Stark.
The points and authorities of plain
tiff, as presented by lawyer Cray ar
as follows:
| FIRST. The powers of county cal
only be exercised by the County Com
missioners. Stat. 1878, chap. s, sec. 81
SECOND. Each county shall provide
suitable court house and sufficient iai
and fire proof offices and other neces
sary buildings and keep the same il
good repair Stat. 1878; chap. 8; sec. 81
THIRD. There shall be establishe,
and kept in every county, at the ex
pense of the county, Jail for keepin
prisoners. Stat. 1878; chap. 100; sec.
FOURTH. The County Commissioned
shall provide, ETC., for county officers
and desks and safes or vaults for pre-
servation and security of the books, pa
pers, etc. Stat. 1878; chap. s; sec. Ito.
FIFTH. The above are all the provis
ions ofthe law imposing duties upon tn
County Commissioners respecting coun
ty buildings.
SIXTH. The officers of u quasi" Cor
poration Ia county, have very Unite,
authority, much more limited than thos,
of ordinary municipal corporations. Dill
lon on Nun. Corp. (2nd ed.) secs. 10 an,
10a.
| SEVENTH. And County Commissioner
are expressly prohibited from exercis
ing any powers other than such as ar,
given by law. Stat. 1873; chap. s; sec
ia. Borough of Henderson VS.. Co
Commissioners, ETC., IL N. w. Rep. 81
EIGHTH. 1t is the County Commits
sioners as body and not the individ
| uals who compose the body who man
age the affairs of a county, and the aues
ton in hand may well be treated a,
though the present board of Count,
Commissioners had ALWAYS been the
Commissioners of this county.
NINTH. This being so the defendant
a few years since in the exercise oftheil
| discretion built all necessary and proper
county buildings, the buildings are a,
good as when built, and the wants o
the county are no greater.
TENTH. The defendants are estoppel
from denying the sufiiciency of tn,
buildings, unless they can show greater
needs by the county. They recent,
determined that they were sufficient.
ELEVENTH. Defendants propose t,
demolish the present county building
They clearly ought not to be allowed I,
do this unless they cam show beyonC
any question that they have authorit,
to rebuild and that they have authority
to raise funds with which to rebuild. /
will be difficult for defendants to S,
show.
TWELFTH. They propose to demolisl
the Jail and do not propose to build an
other at present.
THIRTEENTH. 1t is the province of tn,
courts to restrain this irreparable wrong
| FOURTEENTH. 1t is believed that thi
attempt by the defendant Commission
ers to destroy valuable buildings ant
erect others at so great cost as is pro
posed without a vote of the people OF
Legislative authority is without parable
in the history of this state.
= FIFTEENTH. 1t seems impossible tina
the County Commissioners can contrac
for the building proposed at the COS
proposed or at any cost more than mere
ly nominal without rendering necessar,
illegal taxation. If so the court will re
strain any steps i'll that direction to pre-
vent irreparable wrong.
SIXTEENTH. The assessed and equal
lxed valuation of Blue Earth county up
on which the tax levy was estimate,
and based in July, 1885, Twas SS,3IS, 526
SEVENTEENTH. On July Goth, 1885, tn,
defendants made the following estimat,
and statement OF county expenses fol
the then ensuing year, viz:
Expenses of District Court 400
| Expenses OF jail ............. .......... l,5O
| Blank books and stationery. ......... LOO
/ Justice, constable and witness fees. l,20
| Reform school, tree and wolf bounties.. Leo
kSalaries of county officers. ............. $50,
| Miscellaneous expenses. ................. ZOO
Expenses of poor and poor farm. ....... 400,
Roads and bridges NEUTRALITY-SUSPICIOUS.. ZOO
| Minnesota river bridge. ........... 4,OG
Total s30AO
| EIGHTEENTH. This estimate was there
after included in the published proceed
ings of the defendants, and as agains
the defendants ut least, must be consid
cred necessary and proper county ex
pense. This amount was by the de
PENDANTS, on the same day ordered lev
led and extended against the property
of the county, and it was so levied anC
extended, and constituted tax of foul
mills and eight-tenths of mill upoI
the dollar of all of the taxable propert,
in the county. (the above As mills makes
$39, 920.)
| NINETEENTH. Had the defendant
added to the above estimate 81 ,672 they
would have reached the maximum limi
of taxation allowed by law, viz: fiv,
mills, see stat. 1873; chap. IL; sec. 49,.
Notwithstanding the above near APP
proach to the maximum limit, tn,
defendants assumed at the same time t
levy and carry into the fund for "count
purposes" court house tax of $4,000
TWENTIETH. If they have authority +
build, it is properly county purpose
and the expense must be paid out O
the fund for county purposes if at all
See Babcock VS. Goodrich 18th Cal. 4SS
TwENTY-FIRsT. But the levy of thi
$40, 900 court house tax adds two ant
one half mills to the amount already ant
necessarily levied and aggregates tota
of seven and 3-l0ths mills.
TWENTY SECOND. l submit that tn,
levy of all sums in excess of five mills i
illegal and void, and if the excess owe
five mills is so confused with the othe
levles as to be Indivisible, or not sepera
BILE, that the total lew for county pur
poses is illegal and void. Dill. mum
corp. (2nd ed.) sec. 1872; note 2; Robert
& Mayor 5 abb. prac. IL.
TwENTY-THIRD. The defendants by
their estimate and itemized Statement
made and published in pursuance of Law
(stat. 1878; chap. IL; sec. 4S) have set
| tied beyond controversy that they can
not proceed to build as alleged in the
complaint, without the benefit of the
aforementioned levy which eeCeeds by
2 mills $40 any levy which they have
authority to make, and more than thi
a building costing $4,000 would leav,
an indebtedness unprovided for of $50,
900.
TWENTY FOURTH. Entering into Thu
contract for the building ola court house
under these circumstances is a flagran
violation of the true spirit of the law
Stat. 1873; chap. IL sec. ia: U. p. K. X
Co. VS. Board, etc. 4th N. w. Rep. !
(bottom) So. Johnson vs. Board, etc.
In. w. Rep. p (bottom) All. Opinions
Atty Gen. Mimi. p AGA mira.