Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1901-01-12
SUIT COMMENCED.
ARISING OUT OF THE RIGHT OF
WAY DIVISION.


6. A. Dushek and w. P. Fowler, TO
Themselves and the Other Tax.
payers of the Village of norris
Bring Suit Against the Morrir In
vestment Co. and its Members.
G. A. Dushek and W. P. Fowler
for themselves and on behalf of al
the taxpayers of the Village of Nor
ris have brought suit against the
Morris Investment Co. for an ac
counting of the trusteeship of the
latter in the Harris Addition to the
Village of Morris. Fred E. Smith
Roy A. Stone and VIM. G.. Bicknel
appear as attorneys of record for the
plaintiffs. The complaint was served
on the various defendants on
Wednesday.
The main points of the complaint
when stated as briefly as possible and
shorn of legal verbiage, are as fol-
20 lows
About Aug. 18th, 1899, the St.Paul,
> Minneapolis & Manitoba Railway
Co. conveyed to John W. Harris as
trustee the land which is now known
as the Harris Addition to the Village
of Morris for $4,000. It is next set
up that this property was worth $4O,
$50 and that it was to be administer
ed by the trustee to the use and bene-
fit of the Village of Morris. The
Village was represented by the I'm
proVement Committee, which is nam
ed. A resolution of this committee
passed in the latter part of July de-
fning the trust is incorporated in the
complaint. That resolution proVid
ed that the subscribers to the ori gi
nal improvement fund were to be
given an opportunity to furnish funds
for the purchase of the right of way
in the proportion of to s, that the
purchasers were to control the same
for the benefit of the Village of Nor
ris, that the monies arising from the
sale of the lots were to be used to
to the repayment to the investors of
the purchase price and expences of
administration and the remainder to
be divided equally between the in
.vestors and theVillage of Morris. The
resolution also provided for the Com
mittee paying $500 of the $4,000.
The complaint next sets up that
the trusteeship of John W. Harris
was definite contract, and also men
tions the persons who contributed the
$4,000. Hereupon the persons inter
ested in the transaction deemed it
advisable that corporate trustee he
formed to administer and dispose of
said land, and a deed was according
ly given to this corporate trustee
the Morris Investment Coon Oct.
10Th, 1899. The land was shortly
after this plated.
The complaint alleges that the
Morris Investment Go. hereupon dis
regarded it's trusteeship and disposed
of the property without consulting
the. Improvement Committee, and |
enumerated the sales to J. r. Krue |
ger, j. D. Good, A. McConville, In
terstate Elevator Co., Weum & Berg
and Olson, Gutter, Healy Go. for cash |
or its equivalent to the value of $40,
467O0. Of all these sales, there has
been no accountings to the trustors.
The division of the property which |
was mentioned at length in The TRI-
BUNE of four weeks ago, is then men
toned, and the apportionment of the
lots enumerated as was then given by |
THE TRIBUNE. This property SO dis
posed of was worth $24,15O, but it
was sold for no highter consider alton
than the surrender of stock in the
corporation, valued at about $1,000.
The Investment 60. gave to the I'm
provement Committee as its share
lots l to 19 of block l, valued at
S34OO, but really worth only about
$500 and wholly unsaleable-an en-
tirely Inadequate portion to the I'm
provement Committee.
The division was made without con-
sultation with the Improvement Com
mittee and in disregard Of the trust.
The damage is placed at $4,000.
The failure of the village council to
take any part in calling for an acS
counting is set up as the reason for
the plaintiffs taking action on be-