The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1912-10-25
FACTS CONCERNING lEMMON'S
OFFER OF COUNTY COURT HOUSE
Building Will Be Best Court House in Northwestern South
Dakota--Foundation Proven SufHcient-About
Lemmons Bond---Le Cannot
Afford to Withdraw 1t


vaults is greater than the combined
space in the Bison court house vaults
The laws of South Dakota require
that all the doors, halls and stairways
in court house, shall be of a certain size
ana width. The committee was careful
in this respect and saw that every re-
quirement was covered in the plans and
specifications and we challenge Bison
to show, if they are honest with the
taxpayers and voters, to show
absolutely one detail in which the pro-
posed court house, when completed
will not comply with these laws. BE
HONEST FOR ONCE BISON AND
DIG UP ONE DETAIL OR ELSE
QUIT YOUR HOLLERING.
1t might be well to state here that
the Railways of the proposed building
are two feet wider than the law re-
uuires: that the stalrways are wider
than the law requires, that the vaults,
by reason of the fact that their walls
are constructed with an air space be-
tween, are more fireproof than the
vaults in the Bison court house. that
all of the doors open outward, making
it more easy for occupants to escape in
case OF fire; that the specifications call
for the best of material and workman
ship throughout.
II Bison were sincere in their
criticisms, why do they not mention
some of these points?
There can be no denying the fact
that there are no court houses
between the Missouri river and the
Montana line that will excel the one
that Lemu on is bound to build for
Perkins county.
ABOUT THE BOND
Bison argues that the $40, 600 bond
which Lennon filed with the county
auditor, is worthless in that the party
in favor Of whom the bond is made,
namely Perkins county, has not accept
ed it and has no authority to accept it.
In other words the citizens of Lennon
and the bonding company have made 10
contract with Perkins county. This is
Bison's theory, set forth to throw dust
in the eyes of the voters. Let US see
as to the law in the case.
The American and English Encyclo-
paedia of Law, which is regarded
everywhere among the legal profession
as a standard authority but which we
doubt very much that Bison will accept,
says under the title of Contract for
the Benefit of Third PERSON.
The doctrine that third party, for
whose benefit a contract IS made, may
sue upon it, is adopted in most of the
United States andi frequently referred
to as the American doctrine. This
principle has been most developed in
New York. The courts of New York
at an early date declared the doctrine
that third party for whom a contract
was made between others might main
tain al action on the contract against
the promisor In large number of
states the doctrine established in New
York is recognized. =
A little further on the same authority
says:
Where the promise by one to another
for the benefit of third party has
been accepted by such third party, the
third party obtains vested right of
action upon the promisor and the con-
tract become irrevocable
With our authority stated, now let
US apply it to the case in point.
The Lennon business men have
placed with the Northwestern Surety
Company Of Mitchell the sum af $40, 900
by which sum the Lennon business
men pledge themselves that if Lennon
is named the Permanent county seat of
Perkins county they will erect for the
county Of Perkins free of cost court
house in accordance with the plans and
specifications now on file with the
county auditor. The Northwestern
Surety Company accepted the money
and pledge of the Lennon business
men and bonded them to discharge
their duty toward the electors of Per-
kins county. Here now are the three
parties; The first party the Lennon
business men, the second party the
Northwestern Surety company Of
Mitchell, which two parties entered in
to an agreement binding between
themselves. The third party is the
people Of Perkins county, for whose
benefit the contract was made between
the first and second parties. In accord
ance with the law laid down above, the
third party, which is each and every
alacfor of Perkins county can ono tha