The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1904-06-17
UNIVERSITY WON CASE
Dakota University as Defendant i'll
Case of Long Staining Got
the Court Decision

Ease OF Long Sldnt Ing Uut
the Court Decision.
Last April suit was instituted
against Dakota University AND COL
lege Alliance by DR.. Nj. Mckendlee
Tooke, of Rockford. ILL.,, for the
recovery of what he claimed was an
interest in the property which had
never been paid for, and to deter
mine his rights in the matter. For
a good many years this case has been
on the tapiS but never got into the
courts to any extent until this time.
Preston 4 Hannett of this city and
Thomas Clendenning, of Chicago,
were the attorneys for Mr.. Tooke and
the University side OF the case. was
locked after by a. E. Hitchcock, of
this city.
In the hearing that was had before
Judge Frank b. Smith the history of
the early organization of the college
was brought out in detail. 1t APP
pears that the original organization
was formed July Is, 1888, and that
DR.. Tooke, DIR. l. N. Pardee and
Wilmot Whitfield were the moving
parties of the corporation. These
parties had made some arrangements
with A. NJ. Bowdle for the purchase
OF a half section of land south of
town, from which the University adj
dition was plated, and the original
college building was started in 1884.
Since the hearing of the case was
concluded Judge Smith has had the
evidence under Amusement and has
just rendered his decision i'm favor of
Dakota University. the present or
%ganization. BY this decision the ac-
ton OF the plaintiffs was dismissed
by Judge Smith. and giving the de-
PENDANTS judgement for costs against
the plaintiffs. Much interest has
been attached to the situation all
these~~years and the findings of the
Judge will be by pertinent in view
of this. The Republican presents
the additional facts in the case as
they we're brought out in the courts
recital as follows:
That said corporation desired the
patronage, support and assistance
OF the Methodist Episcopal church
in building said institution and
maintaining and fostering its pro-
gress, but the said corporation and
educational institution as organized
and planned was not satisfactory to
the Methodist Episcopal church and
the sale corporation could not re-
'ceive the patronage and support of
said church as the corporation then
existed. In order 10 conform to the
wishes of said church and to place
the Uni diversity under its fostering
care and receive the assistance and
support of the said church another
corporation vas organized hereafter
known as Dakota University.
That on or about the month Of
April, 1885, there vas filed in the
office of the secretary of Dakota ter
ritory, articles of incorporation of
the Dakota University. These ar
ticles were signed by the following
ldluCu pclooIS lId y dIueG, WIZ
mot Whitfield. M. McKendree Tooke,
VIM. Brush. Lewis Hartsough. a.
w. Hager, L. S. Ormsby, O. S. Bas-
ford and Hilam Barber, in.
The first meeting OF the board OF
directors OF the new corporation,
known as the Dakota University.
was held at Mitchell, May s, 1885,
at which were present the following
l f,nnthnrS NJ JOordo0F IOnociInrf
o. S. Bastord, VIM. Brush. Nj. NJ.
TooSe, and Hiram Barber, jr.
The directors of this corporation
thereafter continued to meet from
time to time and kept minutes OF
the transactions of the board of di,
rectors NJ. McKendree Tooke was
secretary of the board of directors
and for u period ending October -.
1886 the minutes of the meetings of
the board OF directors were written
by sand Tooke.
Said board assumed possession.
active management and control of al
the affairs connected with the eSLab.
lishment and erection of the college
building located on University ad.
dition to the city of Mitchell which
twas plated by said a. NJ. aoWdle.
1t took charge OF the sale of lots in
said addition, solicited and collected
donations icr said college. assumed
lcontracts toI the erection Of SAID
building which had been commenced
in the year 1884 At the time that
said new corporation. known as the
Dakota University. took possession
of The affairs OF said Institution AND
commenced TO manage its business
the same parties who were active in
the organization of the first corpora
tlon known as the Dakota University
or College Alliance were members OF
the board OF directors Of the new
corporation known as Dakota Uni
versity.
All the affairs of the first corpora
ton were turned over to the second
| CONTAMINATION with the knc Wlelue and