Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1908-11-05
alton Files Answer

Dig SoTPoTdtion fHeS answer.
Des Moines.-The Barber Asphalt
company through it's attorneys, Read
& Read, filed an answer to the action
started by Attorney General Byers in
the name Of the state of Iowa to col
lect $1S1,4l5 for the alleged failure
of the asphalt company to comply
with state laws regarding foreign
corporations. The state in its petit
ton claimed that the Barber Asphalt
company is a foreign corporation do
Ing business in Iowa. The asphalt
company admits being a foreign cor
poration but denies that it is doing
any business other than a general
mercantile and manufacturing bust
ness. The state claims that the COM
pany has failed to comply with the
state law requiring foreign corpora
tions to file copy of its articles of
incorporation with the secretary Of
state, accompanied with filing fee of
SIS and 81 for each $1,000 of stock
above $4,000. The asphalt company
admits that 1t did not pay these fees
but declares that 1t does not have TO.
The claim is made that this matter
was talked over with state officials
and for that reason no filing fee was
ever paid. This filing fee amounted
to $3,915, which coupled with the
penalty of 500 day imposed by law
for failude to file articles of incor-
poration, brought the total amount
sued for up to S1S1,415. The asphalt
company claims that the state cannot
collect any penalties prior to two
years preceding the date the suit was
filed under the statute of limitations.
1t further claims that the state has
lost its right to recover by not start
ing suit sooner, inasmuoh as, the state
officials knew well that the Barber
company had not filed any articles or
had not pad a cent filing fee. AS
further de-ense in the big suit, the
asphalt company declares that it eas
not exercised any of its corporate
functions within Iowa and that none
of its officers or managers had Offices
here.
Cummins Speaks at Cmah7,
Governor Cummins will be one of
the speakers who will speak at the
opening of the national corn exposi-
ton at Omaha, Dec. 8. That date has
been officially designated the "open-
ing and Governors day" and sew
eral chief executives will be present
to make speeches with Governor
Cummins. Governor Sheldon of
Nebraska, Governor Crawford of
South Dakota and Governor Hoch of
Kansas, have made definite arrange
ments to be present and speak. Gov
ernor Johnson of Minnesota, Cover
nor Buchtel of Colorado. Governor
Deneen of Illinois and Governor Folk
Oh Missouri have promised to attend
the opening ceremonies if it is pos
sible for them to get away from state
duties. Assistant Secretary of Agri-
culture Hays will also be present. A
noticeable feature of the premiums
of the exposition is that Iowa has the
longest list of supplemental prizes
Of any of the states which will COM
pete at Omaha. Ten Iowa banks Of
fer cash prizes, while list of sew
enty five Iowa stockmen offer
thoroughbred animals from their
barns and feed lots as prizes for
those who win honors for the state
on grain.
No Place for Dorr Library.
The offer of DR.. e. E. Dorr to pre-
sent his library of 700 volumes to the
Polk County medical society under
certain conditions has been refused
by the society. DR.. Dorr offered the
library to the organization on condi-
ton that 1t be named the Dorr H.
brary and that $3.50 the first year and
$3.50 each year thereafter be appro-
priated for it's maintenance and the
binding of the magazines it contains.
The acceptance of the offer under
these conditions necessitated an
amendment to the constitution of the
society, the adoption of which requir-
ed two-thirds vote. The proposition
received a majority of votes cast, but
the majority did not constitute the
tWo-thirds required. Those voting
against the amendment gave as their
reason for so doing that the society
was not in position to properly
house and care for the library and
that in view of this fact 1t would be
better to postpone the acceptance of
the offer
State Tre7surery Is Full.
In the state treasury on Oct. 81 there
were $52S,627, not to mention the odd
cents. The day before the balance
was S,51,415. These sums represent
the cash in the general revenue sub
ject to draft for general expenses of
the state administration. There was
a total OF $1,356039 in the treasury,
counting the bonds and other funds.
Many Students in Des Moines.
1t is almost impossible to secure
accurate information upon the NUM-
Der of students in Des Moiues at
the present time, but it is estimated
at about 5000. This does not in
clude the various academies and
musical schools in the city. Were
these included the total would be
close to $500. The estimate that 80
per cent of the students are earning
their own way is made by the heads
Of the various institutions. They
form an active and aggressive part of
he Des Moines working community,
md they are not afraid to tackle any
Kind of work.
I'VE estimate that the grandstand
we will have the plans made for will
.ost about s150,0O0," said Secretary
John Simpson of the state fair
management, returning from To-