The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1895-11-01
AGAINST THE BOARD.
Judge Shissler Sustains County Sur
veyor Haynes.

|
veyor Haynes.
Judge Shissler Friday filed his deci-
sion in the suit of County Surveyor
A. M. Haynes VS. the board of county
commissioners of Blue Earth county,
accompanying the findings with a
lengthy memorandum containing his
reasons for the results which he
reached. He has given the matter
careful thought and close study. The
findings are as follows:
Now having duly considered the
proofs and admissions of the reSpec-
tive parties herein, and having heard
counsel for both respective parties it
is found as matters of fact:
First-That the plaintiff is the reg
ularly elected, qualified and acting
surveyor of the county Of Blue Earth,
| Minnesota.
Second That he did as such county
surveyor do and perform the services
in his complaint alleged, and the SER
vices were all done and performed up
on Improvements commenced and car
ried on by the board of county COM
missiOners in the regular way,
by resolution that said improvements
should be done and performed requir-
! ing the skill of surveyor or civil en-
gineer with the tools and instruments
of those professions. That said defen-
dant board did instruct and employ
one j. r. Thompson to do and per-
form said work, he not being
county officer, taking no oath Of
office and not bonded to the pro-
lection Of the taxpayers of our
commonwealth, refusing the work to
be done by the regularly elected ,qual-
flied and bonded officer chos-
en- by the people of Blue
Earth county. That all the work
by him done was necessary
to the proper prosecution and
completion of said Improvements
and required the skill of sur
veyor or civil engineer and the use of
tools and instruments employed in
like professions.
Third-That he, said plaintiff, A.
M. Haynes, has not been paid there
for.
Fourth-That he did purchase sta
tionery for the county to the value of
eight dollars, and which the defend
ant admitted on the trial should be
paid out of the county funds provided
therefor.
AS matters of law the court finds
that it is the duty Of the county sur
veyOr to render all service in con-
nection with county improvements
which require the skill of sur
veyOr or civil engineer, and the
use of the tools and instruments
incident to his profession and
that he is entitled to all of such
public work as a matter of right, and
that it is the right Of the public to
have all such work done by their
chosen public officer.
That the plaintiff in this action is
entitled to judgment against the de-
PENDANT for the sum of fifty-tWo dol
lars, with interest at the rate of per
cent from and after the oath day of
October, A. d. 1895, together with
costs and disbursements of this action
Let judgment be entered accordingly.
Resolutions.
At a regular meeting of Blue Earth
lodge No. so, A. O U. W, held at
their new hall Wednesday evening,
the following preamble and resolution
were adopted
WHEREAS, the Mankato Gas and
Elec5ric Light Co. did, after their
contract with the city had been alb
rogated, and after having shut off
Their street lights, and taken down
their globes, generously, and without
charge. put up their lights, and did
thoroughly illuminate the city on the
occasion OF the dedication of orr new
hall, to the end that our guests could
pass safely over the streets in coming
to and returning from our entertain
ment, thereby facilitating our labors
and saving our city from the disgrace
of being in darkness on that occasion,
it is hereby
Resolved: That we tender our sin
cere and heartfelt thanks to the Man
kato Gas and Electric Light Co. for
their generous and patriotic lighting
of the city on that occasion. 1t is
further resolved as follows.
1t is hereby resolved. that Blue
Earth lodge No. 80 A. 0. U. w. tend
er our thanks to the citizens Of Man
katO for the cOurteSieS and favOrs eX-
tended to our various committees in
their labors in getting up and carry
Ing out the reception, banquet and
ball incident to the dedication of our
new hall; also to the Grand Lodge
offices for their attendance; to the
in the program of dedi-
cation ceremonies; and last, but by
no means least, to the city newspa-
pers for their loyal support of our en-
terprise.