The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-12-09
SUMMONS HELD GOOD.
Plaintiff Appearsato Have Gained an
Advantage in To-day's
Times Hearing.
Messrs. Jones and Warnock File At
fidavits Bearing on the Thurs J
.a-t ton Contract.

eI..;Au -, ~. nj, ,,ru
! AuaVIIS Dealing vi CA0 AAuAS
| y L. r44
'VA ooil'Aac
~. =. =.
| -. - -
| ., II " 1ones and Arthur w warnock
have a,ed aff;dawits in suit ovar tho c6n
tro, Of the Minnea nolis 1rtr,es which win
prove of vital Importance when the case
Games up for hearing on its merits. This
morning preliminary sparring between the
attorneys continued, the argument pelhS
on motion made by. A. B. Jackson to set
aside the service of summons had upon
Messrs W. 3. Haskell and G. NJ Palmer
| In New York city. Service was made UNI
der law passed by the Minnesota leg
! islature in 1901. :. This was attacked by
Mr.. Jackson as. unconstitutional, on the
ground thatNthe# legislature has no pow
ers without the 1imitseof the state, and
that its assumptions Of such power is
denied by. the constitution 3 /
The question was argued at length and
Judge Cray finally ruled against Mr..
Jackson's contention . He permitted IAN
exception however, and this will enable
Messrss Haskell and Palmer to inter-
pose answers In the case without waving
their clio N, thar the local CONT is without
| iurisdiction =. ~
The suit is hroueht bv TT ". Jones to
conne, the nerformance Of a contract
entered into hetueer,s himself and Messrs.
Haskell ana Palmer through Thorpe &,
Peehles sthef,; loca1 apenis for the sale
| ~ . snn 30 - ~ ,stocllE3i,, Tho Tim &c
Nawsns na, = co,;trolline inter1
est sor,e ti,,,a 400 :T,m1se RronKs
! ,r,. :. -, ,o,,s. l,,i,o - oomnon1-
49,, w. ,,atarr,-,t- 80 1.sLe,SPal n, ar
..ai~ ~ s4,ie ais. na th;s orde,,
st;,1 ,o1so enS
S'i' iioi"' 7oou' -
Jones Affidavit
In his affidavit Mr. Jones relates the
details of the contract between himself
and Haskell and Palmer, r. B.. Thurs
tons connection with the deal. and the
payment Of money to Thorpe & PEBBLES,
local agents Of the New Workers., mat
tiers which have already been made pub
l1c He then traces the negotiations uE
to the time OF the first hltch winch ne
explains as follows: y. f.
Depuileht ls III liz lntol ileu anu os
Nov, II 1909 reouested said Haskell
and Palmer tn deIav the nerformance oi
their said contract with this deponent
and said Thurston renresented that he
nronosed to nurchasa or obta in a .pur.
cha ser for the said stock Of said Ha skel
and Palmer upon terms as good as. OF
better than those offered by:. this de-
ponent: that deponent is informed anc
believes that the said Thurston with his
attorney. went to New York city on o,
about Nov. Is, 1902. and after severa
DAYS NEGOTIATIONS with said Haskell an(
Palmer the said Thurston made a con
tract with said Haskell and Palmer OF
behalf of himself (said Thursto) sor O.
some purchaser produced by him for thu
purchase OF said stock or said Haskel
and Palmer, but subject to the termfna
ton OF the present actlon "hlch was hhei
pending; as was wen known 10, 10 sala a has
keu, Palmer and Ihurston; that deponen
is not informed OF the exact terms
, SAID contract. put IS INFORMED ana pe
lleves that the same was entered mt
with the full knowledge OF deponent
rights to said STOCK as set out: IN SAL
! contract, Exhibit A. and that II sail
defendants, Haskell and, Palmer 40 nov
refuse to perform said contract 1t i
solely for the reason OF SAID suDsequen
fnegotlat1ons ana agreements maze VIII
said, ThurstonF :, a-..:A e. ..-...<~
! y. That Thurston Contract
e The Observation-Disclosures contract, t
. which reference ia made provides for tn
8 sale Of 2 a0o shares. If stock of the Time
= connnanv mar value sic 600 to H. v. lone
. for $4,000: of which $4,000 was to b
hsr ceo Of f. he stock Itself Of this sn
f further tender of s72, 500, made. to Thorr
= & Peebles,- was refused, under INSTRUCTION
9 from New YORK: me Sz,oVo mas ma nevt
. been repaid. Messrs. Haskell and3Palmt
n claiming that it has been forfeited by M
e Jones refusal to abide by e5Fcontra,
II < ot,,,o;, n. .lx air * ,Ttb,,ret a.
h illaue aee"eeh !io'SnHii- Gnu ~. ~
:, winch involves Mr.. InurStOn fetentlC
n as business manager of the Times for
y noriod ~ ave years On his mart M
g e 5 - ~
% jules CLAIMS ChdI ne never osleeu " d
sumo the liability Of this contract: nor
y it referred to in his contract for the pu
: chosa ~ +ba etool- - - 10
oiiuso " ny
Mr. Jones says also, tnat ne aSTeed
retain Mr.. Thurston in control as busihe
manaEer of the paper up to July Of ne,
year as required by Thurston's ,separa
contract with the Times newspaper con
pany and that he offered to purchase M
la Thurstonss interest in the paper at / il
Of price Thurston had paid for it or even
or small advance. but that this latter prop
p sition was rejected.
m The following letter from Ha skell
az Thurston. dated Nov. 8 last. is incorp
ID rated in the affidavit "a going tn show tn
7e Baskelrs consideration for -Thurston: 4
tn not ORIGINATE until after the 1atter's vi.
a. to New York citv.
!, T. ,ooo,,os a,,t,. .,,,u
o.. TO ths rtyre ~ a. tha ms tune 10 notl H.
~, ~ Of which YOU are. at The nreae