Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1912-08-02
LOCAL SOCIETY LOSES.
IN DECISION OF RAMSEY COUNTY
DISTRICT COURT-M0TLEY Is
SENIOR ORGANIZATION

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Cooperative society Of Little Falls
lost out in the decision Of the case
brought against Samuel G. 1verson,
state auditor; by the Morrison County
Agricultural association of Motley, in
which the seniority of the two agri-
cultural societies was bone Of con-
tention, which was made by the
Ramsey County District court last
| week.
Following is synopsis Of the case
and the decision:
Estate Of Minnesota, county Of Ramsey.
District Court, Second Judicial dis
trict.
State ex rel Morrison County Agricul-
tural association, relator, Samuel G..
Iverson, as auditor of the State Of
Minnesota, respondent.
On the 28th day of February, 1912,
a hearing was had on the petition Of
Morrison County Agricultural associa-
tion praying for writ of mandamus
requiring a warrant on the state treas
urer in the amount of $428.00 as its
just proportion Of the state appropria-
ton for the year 1911 in aid of county
! agricultural societies, and requiring
said auditor to certify the name OF
petitioner as the sole senior active
agricultural association Of Morrison
county, and restraining said auditor
from certifying the name of the Nor
rison County Agricultural Cooperative
society as entitled thereto. Said cause
was finally submitted to the court for
decision March S, 1912.
| Messrs. Lancaster, Purdy & Simpson,
and Mr.. Richard N. Gardner appeared
as attorneys for the relator, and At.
torney General Lyndon A. Smith and
N. N. Bergheim appeared as attorneys
for respondent.
Now upon the writ and return there
Ito and the stipulation of. the parties
Filled herein, and the evidence adduced.
Ethe court finds:
+ Memorandum
| That Morrison County Agricultural
ICo-operative association has no valid
Iclaim to seniority growing out of the
Eprevious existence of the Little Falls
Street Fair association, OF otherwise.
First, because the street fair as
sociation failed to hold the fair. in 1910
in compliance with Chapter 270. Laws
of 1907, as amended in that it did not
Iaward or pay premiums in an amount
Eof at least three hundred dollars fol
Ethat year: ...- 81.
+ Second, because the law giving street
ifair associations recognition and rep
Presentation under the act relating tt
agricultural societies and state aid wa'
ommitted from and repealed by Chan
ter 3S1, Laws of 1911. some months
prior to the time when the Little Falls
Street Fair association attempted tt
incorporate as county agricultural
society.
Third, for the reason that the Nor
rison County Agricultural COOPERATIVE
association never filed it's articles ant
proof Of publication Of it's certifcat,
Of incorporation with the secretar,
Of state, as required by law, and fail
ed to comply with the statute in re
spect to the Incorporation of count,
agricultural societies. -. ;
Upon this view of the facts and Law
the. relator. Morrison County Agricul
tura1 association, as senior activ
agricultural society in that county, i
entitled to. the relief prayed for.
The question Of an appeal to tn
supreme court is under consideration
Tt seems that on some points. tn
Ramsey County District court. decision
is directly opposite to that: made: b,
T. Judge Dixon Of st. Paul in the Winon'
decision. -. !!