Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-04-24
SUPREME COURT
LAWYERS AGREE ON \ "a STATE.
MENT OF FACTS in STATE
FAIR CASE
JUDGE YOUNG ARGUED FARGo,s
q SIDE AND JUDGE BosARD !.
SPEAKS TODAY

#Sss 81 -. AMI I'LL = O0GEss 5OSAnp S4i
SPEAKS TODAY
The supreme court convened yester-
day to hear the arguments in the
case of the Fargo state fair associa-
ton against State Auditor Holmes,
(Fargo VS.. Grand Forks in which an
order is sought restraining the auditor
from paying over to the Grand Forks
association the annual appropriation
for the state fair, and compelling the
payment of the annual appropriation
to Fargo. At the opening of court
there were a number of attorneys
present, among them Judge N. C..
Young and Judge Richardson Of Far
go for the Fargo association, and At
torney j. IT. Bosard of Grand Forks
for the latter association There
were present also President Scott Of
the Fargo association and President
Hunter Of the Grand Forks association.
"A recess was taken for an hour at
the suggestion of Judge Young, who
stated that they were not prepared to
present the case to advantage until a
statement of the matters in which it.
was claimed the Grand Forks associa-
ton was delinquent was prepared for
presentation to the court. He thought
it would be possible to stipulate the
facts as between the attorneys for
both sides and this would spare the
court the necessity of reading any
afidavits or any other matters touch
ing questions Of fact in the matter.
When this stipulation was prepared
he was prepared to argue the case.
The following statement Of specifi-
cations upon which the Fargo state
fair association relies for the relief
asked for was filed by the plaintiffs
in the case: "a. 4
Plaintiffs rely upon chapter 46,
laws of 1905, the same being entitled
IAN act establishing state fairs,
locating them at Grand Forks and
| Fargo, and making an appropriation
therefor" and upon all the pro-
visions of said act, as grounds for
their contention that under said act
the state fair is now located at the
city of Fargo, and that the North
Dakota state fair association for
Fargo is entitled to the appropria-
! ton Of $4,000 in controversy in
/ these proceedings and provided for
in; said act. The plaintiffs allege
that: the conditions and require
4 mentss 8of said act have not been
met and have been violated by the
! Grand Forks Association as follows:
No association or corporation
was organized in, Grand Forks with
a paid-up capital stock of $4,000, as
4 required by section 2 of said act s
2. The association or corporation
attempted to be organized at Grand
Forks did not convey the real estate
acquired for fair purposes to the
state Of North Dakota as required by
said act and within the meaning and
intent Of said act.
1t did not file a report of it's
proceedings with the governor of
the state within the time required
by section Z of said act, nor did it
at any time file such report as is
required by said section.
It did not pay the sum Of
$4,000 to the exhibitors at said fair
as required by section Of said act.
5. It mis-appropriated and mis-
H applied the $1,000 appropriated
by the state to be paid to exhibitors
at said fair, by paying between
81 500 and $4,000 Of the money SO
4 approp riated by ! the state to the
payment Of purses for races
s. It mis-appropriated large
part Of the $4,000 appropriation re-
ceived from the state for the pur-
pose Of erecting buildings and max
ing permanent improvements, by
paying about $4,000 thereof upon the
Il floating Indebtedness Of the Grand
Forks County Fair association.
q That by reason OF the breaches OF
4 the conditions above enumerated and
4 the failure Of the Grand Forks asso.
citation to comply with chapter As,
j laws Of 1906. and above enumerated,
4 the plaintiffs herein are entitled to
4 hold q state fair upon its grounds and
receive the appropriation provided for
IN said act. and under the terms Of
said act.
a stipulation of the facts was filed
also as agreed upon by the attorneys
for the plaintiffs and for the defendant
and the arguments were then begun.
Judge Young opened the case fol
q the Fargo state fair association, claim
,t