The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-04-25
EVIDENCE. N
FAIR ACTION
WAS PRESENTED
And Arguments Made by the At
torneys Who Were at Bis
marck Tuesday.
SPECIFICATIONS
OF PLAINTIFF
No Decision Expected for Several
Days-Judse Fisk III and
Not in Court.
Special to The Evening Times.

Special to The Evening Times.
Bismarck, n. D., April 25.-Argu-
ments IN the state fair case are con-
cluded. Mr.. Bosard for Grand Forks
presented arguments answering the
legal phases at length The principal
contention seemed to be the matter OF
compliance with the law in the forma-
ton of a stock company with paid up
capital, and turning the land over to
the state.
The Fargo attorneys contended the
law had not been complied with. that
the property turned over was encum-
bered with association debts. Grand
Forks people set forth the land was
worth more than shown to be worth
In the return to the state, and land
near that parcel was held at 5000 per
acre. Mr.. Bosard argued the law did
not contemplate compliance with
every technical feature. but the spirit
OF the statute had been complied with.
He also held the proceeding was not
proper one. as an adverse decision
would annul the corporation formed
for the purpose of conducting the fairs
and vest in the state title to this pro-
perty without return. The land would
not revert to its original owners be-
cause the law provided that it should
revert only in the event that the state
failed to make an application. He
thought quo warranto proceeding
addressed to the fair association would
be the proper method of procedure.
He showed also that the legislature
met every two years and the matter
was one that could be speedily settled
there without great delay as to the
other matters complained. The ON
missions alleged were only technical
and matters of detail and it was not
to be supposed that officers of an as
sociation were more than human and
capable of avoiding any error, how
ever slight. The matter has been taxi
ell under advisement of court
Bismarck, n. D., April 25-The su-
preme court convened Tuesday to hear
the arguments in the case of the Far
go State Fair association against State
Auditor Holmes. (Fargo VS.. Grand
Forks) in which an order is sought re-
straining the auditor from paying over
to the Grand Forks association the
annual appropriation for the state fair.
and compelling the payment of the an
nual appropriation to Fargo. At the
opening of court. there were a num-
Der OF attorneys present, among them
Judge N. c. Young and Judge Barnett
of Fargo for the Fargo association,
and Attorney J. H. 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-
tion was delinquent was prepared for
presentation to the court. He thought
1t 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
af1davits 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 specifl-
cations upon which the Fargo state
fair association relies for the relief
asked for was filed by the plaintiffs
in the case:
Plaintiffs rely upon chapter 46,
laws of 1905, the same being entitled
can act establishing state fairs,
locating them at Grand Forks and
Fargo, and making an appropriation
therefor" and upon all the provisions
of said act, as grounds for their con-
hot nj k1Ho
fair fs now located at the city of Far
go, and that the North Dakota State
Fair association for Fargo is entitled
to the appropriation of $4,000 in con-
troversy in these proceedings and pro-
vided for in said act. The plaintiffs
allege that the conditions and require
ments of said act have not been met
and have been violated by the Grand
Forks association as follows:
1. No association or corporation
a paid-up capital stock of $4,000, as
required by section of said act.
2. The association or corporation
Forks did not convey the real estate
acquired for fair purposes to the
state of North Dakota as required by
SthAu <tCe Stuu Cu0 uCdu4uS duSl
intent of said act.
8. 1t did not file a report of its
proceedings with the governor of
the state within the time required
by section of said act, nor did 1t
at any time file such report as is
required by said section.
4. It did not pay the sum of
$4,000 to the exhibitors at said fair
as required by section 9 of said act.
5. 1t mis-appropriated and mis-
applied the $1,000 appropriated by the
state to be paid to exhibitors at said
fair, by paying between $500 and
$4,000 of the money so appropriated by
the state to the payment of purses for
races.
6. 1t mis-appropriated a large
part of the $4,000 appropriation re-
ceived from the state for the purpose
of erecting buildings and making per-
manent improvements, by paying about
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