Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1886-03-26
The Financial Statement Suit.

The Financial Statement Suit.
Judge Collins has given i decision in
the case Of Fuller VS.. the board of
county commi ssioners Of Morrison
county in favor Of plaintiff, for the full
amount asked for, $500 Is with inter
est. The success or failure of the suit
depended wholly On the constitution
ality OF: the special act legalizing the
publication, and we never entertained
the prospect Of any other result than
success. 1t is unreasonable to deny
that the state legislature has authority
! over the government of counties, and
any attempt to evade the authority Of
the legislature will be useless, as in the
end the counties will be compelled BY
the courts to do as the Legislature d.
reefs. OF course certain element in
the county have not dropped their OPP
position to the paynent of the bill,
and they can delay tia few months
longer by an appeal to the supreme
court. This the board Of county COM
missioners decided to do, after Offering
$500 as settlement in full. OF the
members Of the board: Taylor and
Balm are opposed to appealing to the
supreme court, as they are convinced
that it will result adversely to the
county, and entail expense. Kobe
and Stumpf occupy rather queer po-
sition. They profess to believe that
the supreme court will reverse Judge
Collins decision, yet they offer $500 OF
he county funds to settle. They claim
that they are convinced that the bill is
illegal and that they would haye no law
full right to pay it, yet they would pay
$500 Of ,the tax payers money to get out
Of the scrApe. No honest man could
occupy the position 7hey take. Either
the judgment of the court should be paid
in full, or they should not offer cent tc
compromise. Graves diGnt like to take
sides in the matter He would not vote
TO appeal the suit, bat lie voted against
not appealing it, and his stand finally
resulted in the passage Of resolution tc
appeal if satisfaction of Judgment was
not filed in consideration of $500 within
ten days. Consequently Il final decision
viii not be reached for several month.
yet.
| c. F. Lamb had charge OF the county:
side of the case ia the district court, and
as soon as it was ascertained that thu
judge lad decided adversely to the county
he Immediately attempted to take an up
peal without Instructions from the bOart
of county comm issioners or the county
attorney, and forged W, F, Streets name
to notice of appeal. OF course the ap
peal had no effect and Mr.. Street kindly
overlooked the youths enthusiasm. A
the request of the plaintiff the board o
county commissioners employed Mr.
Lamb as associate counsel in the case
and he will try the appeal. While TIT
expense Of an appeal was being discussed
before the board and the statement wa
accepted as true that the costs to iii,
losing party, outside of attorneys fees
would be cover s 100, Lamb rendered iii
services to tire county free Of charge. I
is very litlae credit TO any man to offer Il
oppose a party free Of charge, and Nj
Lamb will find that the public don't ap
4 prove of such offers. Since Mr.. Laml
first located here he has wen more noto
1 riety by his persistent med(lling in TIL
affairs Of others Than lie has by abilit,
or success in court. As long as he is EN-
\ ployed 10, carry ON a suit against any ont
he can do bis utmost TO come out ahead
and still deserve and receive the respec
Of all parties concerned. But when hi
offers to carry on actions against partio
free of charge different feeling is en-
gendered and the effect will not b.
greatly to his benefit. In the case ia
volved lie knows thatthe plaintiff is.just
ly entitled to wha. he asks, and his otfe
TO attempt to heat him out Of it free o
charge makes him ailisgraCe to the pr,
fession. OF course he il very anxious t
be oun,y attorney, bul l'c is doing som
eGectual work again<' himself
THE DECISION.
State of Minnesota,
County of Morrison. ! ''In Dist court
W. NJ. Fuller VS.. the Board Of Count!
Commissioners of Morrison county.
1t having been stipulated in the
above entitled action that II jury be