The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-02-11
HALL EXPLAINS
HIS STAND IN
EQUITY ACTION
Secretary of State Declares He
Is Merely Endeavoring
to Protect People

The following communication from
Maurice w. Duffy, deputy secretary OF
state and attorney for Secretary of
State Thomas Hall in the mandamus
proceedings in which he has been
made defendant by the Equity Cooper
alive Packing Co., was furnished a
member of the Townley kept press
which the secretary of state believed
had incorrectly set forth matters sur
rounding this proceedings.
1nasmuch as Mr.. Hall has been un-
able to procure publicity for his side
of this issue in the press of his own
party, he has requested that The
Tribune present in full his commune
cation to the Townley organ, which
is as follows:
Department of State, Bismarck,
North Dakota, Feb. 10, 1919. Dear Sir:
The undersigned, being in charge of
the corporation department in the
Secretary of States office desires to
correct the mass of transformation
contained in your article headed.
Court Holds With Packing Company
Against Thomas Hail.
In the first place this office has new
er contended that the Equity Cooper
alive Packing Company could not in
crease its capital took under its exist
ing charter.
In my letter to Mr. Casey, refusing
to file the certificate of increase, the
reason for such refusal was specifical-
ly stated, as follows:
Il herewith return your certificate
of increase Of capital stock and eleven
dollars In currency for the reason that
you have failed to tender the proper
fee. The fees for $2,00O,000 increase
are 100000 to the State Treasurer,
(See Sec 451O) and $500 to this Of
flee, (See sec. 129)" .....
:, When you quote Mr. Casey as say
ing that the question of 1895 was
not involved, you either quote incor-
rectly or Mr. Casey is eligible for
membership in the Ananias club.
The Equity Cooperative packing
company was incorporated Oct. Is.
1916, and it is admitted in the petit
ton for writ, that there is nothing
in the articles of incorporation to in
dictate that it is a cooperative cor
pOration, and as our records show
charter was issued to thi company as
general corporation, while the char
ter issued to companies incorporated
under the 1915 laws recite: Whereas,
and others have filed in this
office a declaration in writing or Ar
ticles of Incorporation, as provided by
Chapter go of the Session Laws of
1915 of this state setting forth all
the facts required to be stated there
in by the said statute, and have In all
respects compiled with the require
nients of the law governing the form
alton Of cooperative associations
Among the requirements Of the laws
governing the formation of cooper
alive associations.
governing the formation of co-opera-
tive. associations at this time were
the following; Not less than rs in
corporators. "A majority Of the incor-
ptorators shall be residents Of the
county of its principal place Of bust.
ness. The whole amount Of capital
stock shall never exceed $4,000. The
Equity Cooperative Packing COM
pany had but seven incorporators. only
one of whom was a resident Of Cass
county. and in it's Articles provide for
capital stock of $1..000000.
If tho above provisions are mere
technicalities I am at a loss to know
what sections of the law are mandat-
DRY oh how. this department may de-
termine a corporations class.
You say, "The Equity Company
made these changes as required, (by
the 1917 law and it's certificate was
accepted by the secretary of state,
but when an attempt was made to in
crease the capital stock the applica-
ton was refused as stated" You eth
er have been mis-informed as to the
facts or are deliberately attempting
to create a false impression.
On Oct. Both 1918 Senator King
presented a declaration of this COM
pany to come under the provisions OF
Chapter 81, S. L. 1917: The declaration
was in proper form, reciting that
THE Equity cooperative Packing
Company a cooperative association,
etc." was signed and sworn to by P.
NJ. Casey, president, and L. G.. Hoop
man, secretary, Senator King paid the
required filing fee. and was given
receipt therefor. The writer then ex-
amined the records. and upon discov-