The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-02-11

ering that the company had been In
cOrpOrated under the general law, ad
vised Senator King that he would take
the matter up with the officers Of the
company at Fargo and with their at
torney Judge Nuchols, and the declar-
alton has since been held among the
unfinished business in this office.
Your statement that the ruling OF
Judge Nuessle sustains the conten-
ton Of the packing company Is also
misleading. The petition alleges tina,
the incorporatOrs intended to lncor-
porat. under the provisions of Chap
ter 80 S. l.. 1915, and so advised their
attorney Our position was that this
did not constitute an attempt" to In
corporate as cooperative associa-
ton, that, "In order to constitute an
attempt to do anything, the means
employed must have some adaptation
to accomplish the desired result.
know neither law nor legerdemain
by which seven individuals may con.
stitute themselves any number not
less than 25, neither do I know any
method by which corporation whose
capital is limited by law to $4,000,
have capital of $1.000,O00; and 40
not believe you can legally attempt
to do the impossible. Our contention
in this respect was overruled by
Judge Nuessle but he stated that ne
was of the opinion that the capital
stock of a company organized under
Oh. 90 S. l.. 1915 was limited to $780,
900. and that while thi company came
within the provisions of Sec. IL, en-.
81, S. L. 1917, he had doubts as to the
constitutionality Of the law; ne 1ur-
Their stated that he supposed the case
would and that it certainly should be
passed upon by the supreme court.
Now. if Judge NucSSle is correct that
co-operative associations prior to l9l'
were limited by the $4,000 provision,
and the allegation of the petitioners is
true that this company is cO-Opera-
tive association. it would appear to
follow that all stock issued III excess
of $4,000 is void (see Cyc. 44). We
then have the anomalous situation OF
a company with capitalization OF
SIC. 600 attempting to increase It's cap
ital stock, and certifying that stock of
a par value in excess Of $750,0OO voted
in favor of such increase.
lUcI Tue cIOSllls, ScutClNS VI AVA
Casey's statement: '"The fact that we
will be able to cut some figure with
the profits of the packers who have
reaped a rich harvest Off the people for
so long, probably accounts for the &C
ton taken to block our plans
Mr.. Casey knows that there has been
no attempt by this department to block
any legitimate plans that the question
the Equity company came I'M
der the provisions of the 1917 law,
could have been tried out, so far as this
office is concerned. three months ago.
Or does he consider it an attempt to
block "Our plans" that we refused to
file his first certificate Of increase, only
ten days notice Of the meeting having
been given instead Of sixty days as
required by the constitution.
The filing Of the certificate II I'M
would not make the in
crease valid, and this office has been
under the impression that it owed
some duties to the public.
The idea of a public official who
performs his duties without fear or
fi,vor is probably beyond Mr.. Caset's
but that may be his
instead OF, the other ,fell-
lows fault. / F..f ~ Is 4 = W
Ala sayq, Yours very truly, ~ s~ayr&7
f&E t,5sItH MACR1CE w. DUFFY