The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1911-01-20
CREAMERY PACKAGE COMMITTEE
MAKES REPORTS.

Those Gentlemen Who Were in the
Negotiations Looking to An
Amended Opinion BY Judge Buck
ham Give a History of What
TRANSFERRED; Jurist Was Willing
to Make the Change.
From Fridays Daily.
In the following report prepared
by the committee, will be found the
to an attempt made to secure a
modification of the order handed
down by Judge Buckham regarding
the Creamery Package company:
TO Mr.. ii. A. Patterson, President,
Mankato Commercial Club. Sir: The
committee appointed by you to make
an effort to prevent the removal of
the Creamery Package Manufactur-
ing company, tub factory, from this
city, respectfully report as follows:
"In October, 1907 IN action was
begun by the state of Minnesota
/ against the Creamery Package Man.
ufacturing company, a corporation
organized under the laws of Illinois,
and operating the tub factory in this
/ city, to prohibit this corporation
/ from doing business in this state, be-
cause its business was being con-
/ Quoted in violation OF the trust laws,
! Sections 516S and 5169 of the Laws
of 1905.
THE action was tried before Judge
Buckham of Faribault, who made a
decision i'll favor of the state. An
appeal was taken to the supreme
court and on April %, 1910, Judge
Buckham's decision was affirmed.
"The company made. a petition for
a reargument, and urged that the
decision be modified so as to permit
! the company to continue business in
this state if conducted strictly ac-
cording to law.
/ "The supreme court declined to
modify the judgment, but remanded
the case to the district court, sug-
costing that the application should
be made to that court.
Employs Many Men.
Such an application was made, and
/ before it was decided, your club
! learning that we were liable to lose
this factory, the only one operated
/ by this company in Minnesota, and
which employs now in the dull sea-
/ son from fifty to siXty-five hands,
some of whom are skilled in such
work only, and all of whom reside
! in this city, appointed this commit
/ tee to make effort to save this indus.
! try, which we believe furnishes
/ butter tubs to all of the creameries
! in Southern Minnesota.
ION December " your committee
went to st. Paul, and upon investiga-
+ ton were encouraged to think that
! the judge who tried this case could
/ be gotten to consent to modify his
decision SO as to preserve this in
dustry, porvided the attorney gener-
al, who was in exclusive control of the
case on behalf of the state, would
ask il, or would even consent to it.
Had Attorneys Sympathies.
I'VE that evening, had an ex-
tended interview with the attorney
general, who assured us of his sym
+ path1es, but who expressed the opin-
/ ion that under the law he had no
/ power or discretion to give such
consent, saying that he would glad
/ ly do so if the law would permit.
| 1t was suggested that as the head
of the legal department of the state
that he could give such consent in
| justice to the people of this city and
| vicinity, and that he could even con-
sent to dismiss the case even then
/ if he so desired, which of course,
we did not ask, but he thought 9th
erWise, but stated that he would
be glad to have the decision modi-
fled as we wished, if only the court
would SO modify it without asking
his consent. He stated to us that
he had no objection whatever to
such modification, and if one of our
committee would go to Faribault and
request it of the judge, that he
would go also at any time and state
that he had no objection.
Interview with Judge.
I'VE consented to send mem
Der of this committee as suggested
and proposed the next morning for
the visit, but the attorney general
could not then go because of other
engagements, but would send an as
sistant from his office. Later in the
evening we were advised by phone
| that his assistant had other engage
ments also, and could not go; we
were, however, told by the attorney
general that if member of the com
mittee would visit the trial judge at
Faribault and make an effort to get