The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1908-05-21
DISTRICT II LAWSUIT

Supreme Court Rules That Wilkes,
Freer and Brant Are Lawful
Officers of the District.
laden Testifies That an Outsider
Prepares Spurious rlinutes of
Alleged Board Meeting.
The supreme court has handed down
it's decision in the notorious district
II school case-this being one of the
very few and unusual cases in which
the supreme court assumed original
jurisdiction. In brief the court holds
that Gilbert Wilkes, chairman;
Charles L. Freer, clerk; and Chas.
Brant, treasurer, are the lawful
officers of school district II and that
O. A. laden has no right to the
Office of clerk and should be ousted.
For a considerable period of time
trouble has existed in this district, but
the case at issue starts from the
annual meeting of the school board in
July, 1907. The board then consisted
of Gilbert Wilkes, chairman, whose
term would expire in July, 1909; Chas.
Brant, treasurer, whose term would
expire in July, 1908; and O. A. laden,
clerk, whose term expired in July,
1907. At this meeting in July, 1907,
Chas. L. Freer was elected clerk to
succeed O. A. laden by vote of 10
to l, and Mr.. Freer shortly thereafter
qualified by filing his acceptance and
taking the oath of office. The board
then consisted of Gilbert Wilkes,
chairman; Chas. L. Freer, clerk, and
Chas. Brant, treasurer.
On August %, 1907, a meeting of the
board was held for the purpose of en-
gaging teacher and making arrange
ments to open school in the fall, and
also for the purpose of disposing of
the question as to the suficiency of
Brant's bond as treasurer. It appears
that one of the sureties of Brant's old
bond had transferred his property out
OF his name and that the bond was for
only 1000; whereas, in view of the
fact that the annual revenues aggre-
gated about 81, 900, the bond should,
under the law, be $4,000.
Brant was requested to either give
a sufficient bond or resign and permit
the appointment of some one who
would give bond as required by law.
He replied that he had been told bv
other parties that if he resigned he
would never get some, $50 or $40 which
he claimed was owing to him by the
district. He was, however, assured by
the other members of the board that
ne would get this money in any event.
whether he resigned or not, but that
If he did not resign he would have to
give sufficient bond so that money
could be drawn from the county treas
ury and his bill, in common with
other bills of the district, could be
paid. He refused to give another
bond, saying he had been to too much
trouble about it already, and signed
the written resignation.
A few days after laden and Brant
met and signed minutes of an alleged
meeting which laden testified had
been prepared by Thos. F. Norton,
and by which they pretended to GUST
Wilkes from his Office as chairman
and to appoint G. J. Sandberg as his
successor.
The case at issue was q proceeding
in the nature of quo warranto COM
menced by the state of Minnesota ex
rel. E. 7. Young, attorney general,
against laden, Brant and Sandberg.
requiring them to show by what war;
rant or authority they presumed to act
as the school board in district II.
P. M. Woodward was appointed
referee by the supreme court to take
and report the evidence and a hear
ing was had at Princeton before said
referee on February "a and Is. The
evidence taken at this hearing was
returned to the supreme court. There
after printed briefs were prepared by
the respective parties and the matter
was argued in the supreme court on
April "a.
On the taking of the evidence the
state was represented by Attorney
E. L. Mcmillan, who also prepared
the brief and made arguments in the
supreme court, and the respondents
were represented in like manner bv
Attorney George W. Stewart of
Stewart g. Brewer, St. Cloud.
The syllabus and opinion, both
written by Judge Brown, follow:
State of Minnesota, Supreme C0urt