The Cape weekly tribune. (Cape Girardeau, Mo.) 1914-1914, 1914-07-10
Fair Grounds Men Ask Court
to Dissolve Organization
and Sell Land
PETITION ALMOST SAME
AS ONE COURT KILLED
Decision Which Made a Farmer
a Charitable Institution Caused
Much Comment


representing the stockholders of the
Fair Grounds Association filed a petit
tion in the Common Pleas Court
Wednesday asking permission to dis
solve the organization.
The document sets forth the reasons
why the Fair Grounds Association
cannot be classcd as charitable
institution. The clause in the petit
ton covering this phrase, reads:
That the dissolution will not be
detrimental TO the public welfare
and that said corporation does not
own or control any property devoted
to religious, literary or charitable
uses"
In addition to asking for dissou-
ton, the petition requests the court
to appoint the board of directors of
the association as the trustees of the
property, empowered with the au-
thority to sell the property and de-
liver to this city good deed to the
real estate for such sum of money as
may be agreed upon.
One provision of the petition makes
this request: That said trustees
be further authorized in the event a
sale to the city of Cape Girardeau
is not made within a reasonable time,
to sell the same to any corporation,
person or persons at such a sum of
money as may be mutually agreed
upon.
"And that the proceeds of such a
sale and of the assets of said cor
poration, after payment of the debts
Of said corporation shall be divided
among the stockholders of said cor
poration as their interests may appear"
The petition filed yesterday is the
second presented to the Court of
Common Pleas Court by the stock
holders of the Fiar Grounds Associa-
ton.
The first petition asked the court
to dissolve the corporation and to
authorize the sale of the real estate
a demurrer, filed by Mai. Giboney
Houck, was sustained by Judge
Ranney and the case automatically
was thrown out of court.
The courts decision, which was
based upon the contention that the
Fair Grounds Association was a
charitable institution and therefore
could not be dissolved, created much
comment among newspapers and law
yers as well. The Judge based his
belief that the association came under
the caption of Charitable institu-
tions" because its articles of incor-
poration stated that it would promote
agriculture and stock raising,
An overwhelming majority of the
lawyers in Cape Girardeau held that
udge Ranney erred in his decision,
nd expressed the belief that the
higher courts would reverse the de-
csion.
Senator Lane stated after Judge
Ranney handed down his opinion
that he did not believe the court S
decision would be sustained, if an
appeal were taken.
The petition filed yesterday offers
Judge Ranney an opportunity to
everse himself. If he grants the re-
luest made in the petition, he will
i've the stockholders of the fair all
hey sought in their first appeal to
he court.
Mai. Houck, who represents the
minority stockholders in the associa.
ion, declined to comment on the new
letition last night. Mai. Houck
will file an answer to the document
md will argue the case when il
comes up in court, he said
Harry Machen, one Of the Directors
of the Fair d Park Association states
that 90 per cent OF the stockholders
are favorable to the action of the
Board of Directors in the dissolution
proceedings. He states further "thar