The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1900-03-21

/ SehA OoASA . VI NAOA S0o3 esAAA W. SAS0S
buildings upon the same, or show
cause at the term of court to be
held on April 24th, at the court
house in this city, why they refuse
to do so.
The prayer of the petitioners sets
out that on April IS, 1899, the plain
tiff and q others agreed to donate
the 40 acre tract for poor farm pur-
poses, and that the same was ac-
cepted by the board. The petition
er alleges that the group paid out
more than $500 of their own money
for the tract, aud that on May 1st,
1899, the commissioners entered up
on and took possession of the land,
raised, harvested and disposed of
the crops thereon for 1899, and ever
since have and now do continne to
occupy the same, but have failed to
take any action towards the erection
or construction of any buildings
thereon for any purpose.
The prayer continues by saying
that on Jan. g. 1900, the commits
sioners attempted to repudiate the
contract made at the April meeting
previous. and it is claimed that the
commissioners have and do arbi-
| trarily and without cause of juris-
diction, refuse to take any action to
carry out their part of the contract,
or appropriate money for such pur-
pose.
In the petition it is claimed that
the farm will be of material and per-
manent benefit and value to the bus
mess interests of Morgan, and that
the refusal of the commissioners to
carry out their portion of the con-
tract will cause great ard irrepar-
able injury to the plaintiff business
men and other interests of Morgan.
It is contended that the damages SO
suffered by them are not capable OF
any just measurement, and cannot
be recovered in an action at law,
and hence writ of mandamus is
prayed for compelling the commits
sioners to carry out their part OF
the contract and to have such build
ings erected as may be proper and
necessary.
The mandamus, which, with the
petition, was so cleverly drawn by
Attorney Albert Hauser of Morgan,
recites at length the prayer of the
petitioner, giving all of the facts of
the offer of the Morgan business
men. and all of the acts of the coun-
ty commissioners, and winds up
with the following prayer:
"You, the said defendants, are there
fore commanded that within thirty
days after the service of this writ upon
you, you meet as such board of county
commissioners of said Redwood coun-
ty in your office at the court house in
the city of Redwood Falls in said coun-
ty, and then and there. as such board
of county commissioners, by proper
resolution or otherwise, you take action
to have built and erected upon the
southeast quarter of the southeast
quarter of section II, in Morgan town.
ship in your county, such buildings as
may, in your opinion, be proper and
necessary for keeping and harboring
the paupers of your county, and that
you cause such action to be duly en-
tered on the minutes and records OF
your meeting. And that you make
return hereto before this court at the
court house in the city of Redwood
Falls, in said county, Minnesota, on
the Oath day of April, 1900, at the op.
ening of the court then and there to be
held, showing that you have done
what is herein commanded of you, o,
else then and there show cause why
. you have not done as herein command
. ed.'
The commissioners will, in al
probability, make answer to the
complaint at the opening of the reg
ular term of court, giving cause
why they have refused to proceed
with the work, and in this answer
they will contend that no binding
contract was ever entered Into, OF
the grounds stated in The GAzETTl
of several weeks ago.
500 Reward, 500.
The readers OF this paper will be please,
to learn that there is at least one dreaded
n orioy h0c ~