The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-04-07

of Ward county against A. C. Town
ley, president of the Nonpartisan
league; j. w. Brinton, league organ
izer; w. r. Wyatt, L. H. Avery, w. B.
Mclaughlin, John Weinberger, John
members of the league, for total of
$4,000 damages on two causes of ac-
ton charging libel.
The papers are in the hands of the
sheriff of Cass county for service on
Mr.. TownIey.
The action grows out of the adop-
ton of resolutions at q meeting of
members of the league at Kenmare,
which resolutions, 1t is charged, were
published in several of the newspapers
of the state for the purpose of defam-
ing the character Of the plaintiff in
an effort to coerce his support in favor
Of House Bill No. A, while acting as
a state senator in the last legislative
assembly.
In the first cause of action is based
on a resolution, which is set forth in
the complaint, and which it is charged
was published in several Of the news
papers Of the state at the instigation
Of the defendants.
The resolutions charged that Mr..
Englund, was not a citizen of the
United States, demanding his retire
ment from the senate and the appoint
ment Of a new member.
Signed by the Committee,
219 farmers"
In his complaint Mr.. Englund states,
that prior and during the Fifteenth
legislative session Of the state OF
North Dakota there was in existence
organized 70 rpolitical purposes and
to promote certain political prin-
ciples and propaganda and was known
and is known, as the Nonpartisan
league"
1t recites that A. c. Townley is
president Of the league. and that "A.
c. Townley controls and directs the
political activities of sail league and
has done so at all times herein men,
toned, and was so doing during the
whole Of the said legislative session in
1917"
The complaint states that an active
and organized lobby of said Town
ley, Brinton and all these other de-
PENDANTS and others individually and
in behalf OF the Nonpartisan league,
to coerce and compel said senate to
pass said measure blouse Bill No.
44)." -
HE alleges that to secure the pas
sage of this bill these defendants did.
as the plaintiff is informed and verify
believes, and upon said information
and belief states the fact to be. con-
federate and conspire to unlawfully
and maliciously coerce this plaintiff
into supporting and voting for this
measure, and that such attempted
illegal coercion Of the plaintiff was
committed by consoiring to unlawfully
befame him and libel him." by the
publication of false, malicious, scam
dalous and libelous articles in many
newspapers OF this state"
Mr.. Englund states that he has
never changed his allegiance from the
United States and has never sworn
allegiance to the king of England. and
has always been qualified elector.
He says in the complaint that he was
not performing the duties of a bank
examiner while acting as state SEN
ator, having by pre-arrangement with
the state banking board been re-
lieved of the duty and that he did not
draw any pay as a bank examiner
while acting as state senator.
Mr.. Englund also claims that the
resolutions in question were not
adopted by a majority Of the mass
meeting and was signed by only a
few persons.
On the second cause Of action SEN
ator Englund alleges the publication
of another resolution along the same
line as the one above, which he all
leges was for the purpose of further
humiliating him and bringing him
into disrepute among the people OF
his district. He alleges the publication
of this resolution. a portion Of which
follows:
BE it further resolved that in case
said j. A. Englund refuses to yield
to the request and demand Chat is
to resign his seat in the senate)
that the senate body take necessary
constitutional procedure to declare his
seat vacant"
Attorneys MCGEE e. Goss. Minot, ere
counsel for Mr.. Eng1und.