The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-12-03
APPLICATION FOR A WRIT OF QUO
WARRANTO AGAINST AUGS-
BURG TRUSTEES.
UNITED CHURCH MUST TAKE
OTHER PROCEDURE IF 1T WOULD
GUST THE PRESENT
BOARD.
OPINION is A LENGTHY ONE,
And RecOunts the Ups and Downs
of the Seminary Through
Twenty Years.

Attorney General Childs yesterday
decided not to grant the application or
the United Norwegian Luthern church
for a writ of quo Warranto to compeI
the trustees of Augsburg seminary to
show by what right they retained pos
session of and title to the property. Mr..
Childs says:
AS the seminary in question is a
fiourishing religious institution l de-
clined TO grant the application until l
had advised myself that it was a case
justifying an action by the state. To
this end several hearings have been
had at which the various questions in
Volved have been discussed at great
: length by counsel, both by oral argu-
ment and voluminous briefs.
The material facts 1recited in his
torical sequence may be briefly sum
married as follows:
Prior to 1870 a theological school had
been organized and maintained at
Marshall, Wis, by certain congrega-
lions confessing the Lutheran faith in
worship, but neither the school nor any
of its supporting congregation had
been incorporated.
In or about 1870. these congregations
arranged themselves into two great
bodies under the following names re-
spectively: The Conference of the
Norwegian Danish Evangelical Luther
an Augsburg church, and the Nor
Wegian Augustana synod.
The Marshall school passed under the
exclusive control of the conference and
became distinctively theological semi
nary governed by certain rules pre-
scribed by the conference and became
to be known as the Augsburg seminary
Some time in 1871 the conference de-
termined to remove said institution
from Marshall to Minneapolis, upon the
condition that it should be aided by
the people of that city with contribu-
tions of a site therefor and a certain
sum of money. In furtherance of this
purpose a committee of five gentlemen
was appointed by the conference, who
were by resolution denominated a
board of trustees Of the seminary
building at Minneapolis
In 1872 the committee had made such
progress that it was able to report to
the conference at its session in that
year that it had received contributions
consisting of lands and other properties
to the amount of $4,000, and had par
TALLY constructed a building for the
seminary. The committee was, how
ever, obliged to and did appeal to the
conference to provide ways and means
for finishing the building thus begun.
The conference responded to the APP
peal made to it by its committee, de-
termined by resolution to apply to it's
congregations for the necessary pecun-
larry assistance, created a board of
trustees consisting of five members,
and authorized it to borrow the neces-
sary sums of money.
About a month after the said meet
ing of the conference and without its
express authority, but evidently to
facilitate the work so entrusted to
them, the gentlemen comprising said
committee adopted certain articles
under the general laws of this state
and incorporated "The Norwegian
Danish Evangelical Lutheran Augs-
burg Seminary" The purposes of the
corporation as set forth in the articles
thereof conform in all essential re-
spects with those which had actuated
the conference with reference to the
seminary and the articles distinctly
provided that the election of officers
should occur In the month Of June an
nually "at such place as the annual
conference of the Norwegian Danish
Evangelical Lutheran Church of Amer
lea may be held"
In the fall Of 1872 the building erect
ed was occupied by the professors and
students of the institution, and for d
period Of seventeen years following
1872, the affairs of the seminary Were
conducted by it's board of trustees in
compliance with the wishes and direc-
lions of the conference. That period
is marked with numerous and diversi-
fed acts on the part of the board in
dicative OF the fact that the seminary
was nothing more nor less than an
auxiliary or fundamentally of the con-
ference to which 1t looked for guidance
and support.
1t was continually receiving pecuni-
airy aid from that source and consult
Ing the views of the conference and
procuring it's sanction in such matters
as the enlargement Of buildings, the
erection Of residences for it's professors
and other buildings, the changing OF
bylaws. the terms of officers, the pur-