The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1920-02-12
THAT co. PRINTING
Judge Roeser Vacates Restraining
Order Against County Board
and Princeton Union.
Order of Judge, Filed With Clerk of
Court on Tuesday, is Published
in Full Hereunder

On Thursday afternoon, February
5, papers were served in a suit by
Carl M Sholin ct al. against the coun-
ty Of Mile Laos, the county board, it's
chairman, the county auditor, county
treasurer and the publisher and man
ager of the Princeton Union attacking
The action of the county board in
awarding the contract for county
printing to the Union. Accompanying
the papers was an order requiring de-
PENDANTS to show cause before the
court at Princeton on Saturday, the
7th inst, why a temporary injunction
should not be granted restraining and
enjoining defendants from doing any
thing under the contract until the trial
of the case, which could not be had
until the March term Of court. This
order by the terms temporarily re-
strained defendants from any perfor-
nance under the contract between the
time of service on February 5 and the
time Of hearing on February Z.
On the hearing before John A.
Roeser of St. Cloud, the sitting judge,
an order was made vacating the re-
straining order so far as the delinquent
tax list was concerned, and the state
ment was made that within a very
short time the written order would be
Killed disposing of the whole matter in
.volved in the Saturday hearing.
The court has duly made and filed
such order, which is published in full
below and which recites in detail the
occurrences Of the hearing:
State of Minnesota, County Of Mile
Lacs--ss. ~
In District Court, Seventh judicial
District.
Carl M. Sholin, Andrew Thilquist,
Oscar G. Thilquist, Joe N. Nelson, P.
P. Kjaglien and August Anderson,
plaintiffs. =.
The County of Mile Laos, The
Board of County Commissioners of
the County of Mile Laos, r. c.. Cater
as chairman of said board of county
commissioners, Walter Peltier as
County Auditor of the said County of
Mile Laos, Otto Henschel as county
treasurer Of said county of Mile Laos,
Mrs. r. G. Dunn whose true Christian
name is to these plaintiffs, unknown,
and G. I. Staples, Defendants.
Order.
The order to show cause issued by
this Court on the 3rd day Of February,
1920, was by it's terms returnable at
the court room, in the court house, in
the Village of Princeton in said Mile
Laos County, on the 7th day of Feb
ruary, 1920, at 10 o'clock in the fore
noon Of said day, and the same came
duly on to be heard at said time and
place before the undersigned, one of
the judges of this court, Messrs. Man
q ban & Sullivan appearing for plain
Is in support of motion to restrain
I'd enjoin the defendants, pending
lie trial of this action, as prayed for
n said complaint; E. L. Mcmillan
Esq, appearing for the defendants
Mrs. R: c. Dunn and G. I. Staples, and
w. c. Doane, Esq, appearing for all
other defendants. The plaintiffs pre-
sented the original summons and com
plant with proof of service, the origi-
nal order to show cause with proof Of
service, and the affidavit of Fay c.
Cravens, and the defendants presented
TIE answers interposed by them, and
thereupon the plaintiff requested per-
mission to furnish additional proof by
oral evidence taken in open court in
the place Of affidavits. The defen-
dants objected to the reception of oral
- ~
ton was over-ruled and an exception
noted
Thereafter the Court heard oral
testimony of the following persons,
:. II called by the plaintiff; to-wit; Wal
h4t,au.
y as here was also filed in this court a
\ orygnation made by the county audi
ID i. designating the Princeton Union
IN the paper in which to publish the
II ! of delinquent real estate for the
1919 in said county.
After the completion of the introduc-
on of oral evidence, both sides made
oral arguments and after carefully
considering all of the files and pro-
ceedings had in said matter, and argu-
ments of counsel, the Court, for the
purposes of this motion, makes the fol
lowing determination, all without
prejudice to the final disposition on
the merits, cf the issues in this action,
to-wit;
The County Of Mile Laos is mu-
nicipal corporation substantially as
alleged in the complaint, having GER
tain county officers performing the re-
spective functions Of their Offices sub
stantially. as set forth in such com
Splaint
- That at the annual meeting in Jan
nary of the county board of said coun-
4 ~, there were presented two bids for
sEthe county printing, one by the Milaca
Times and one by the Princeton Union.
HE one of the Milaca Times was con-
siderably lower in cost than that
presented by the Union, but the bid of
the Union contained proposal to dis
tribute certain Of the official printing
Of the county, in supplement form, to
aR other newspapers circulated, in said