The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-10-08
INJUNCTION IN
GROWERS CASE
is CONTINUED
Judge JansOnius Holds Law
Requires Prohibition From
Selling Outside Pool
ON ITS MERITS LATER
Continuation of Temporary
Injunction Is Held Merely
Matter of Formally


A temporary injunction prohibiting
Peter Weisenberger, farmer of the
vicinity Of Tuttle, Kidder county,
from selling his wheat outside the
pool of the North Dakota Wheat
Growers Association, was continued
by Judge Fred Jansonius, sitting in
the Kidder county court, pending a
determination of the issues on their
merits, today.
Time of hearing Of the case on its
merits probably will depend upon
the action of attorneys in the case.
The next regular term in kidder
county is in January.
The court, in a memorandum fol-
lowing arguments before him last
week, said that "In my opinion there
is nothing before the Court until
this case comes up on its merits,
holding that under the legislative
act Of 1921 for the creation of coop
erative associations an injunction
must issue if the Wheat Growers file
a bond, and that the issues shall be
determined in hearing on the mer-
it's.
Attorneys for Weisenberger, who
is said to be joined by other farmers,
made sensational charges against the
Wheat Growers, including allegations
of fraud, and asserted receiver
should be named, in the answer and
cross-billed filed. These issues, it is
expected, under the court memoran-
dunn, will come before Judge Janson-
ius on the hearing on it's merits. ~
' Court Memorandum
"The legislative assembly Of 1921
operative marketing associations, and
the North Dakota Wheat Growers
Association was organized pursuant
to said Act" the court memorandum
said.
"Section II of the Act provides
that marketilA contracts may be exc
cuted by the members of the associa-
tion, requiring the members to sell
for period of time, not exceeding
five years, all or part of the agr
cultural products. Such a contract
was entered into in this case.
"The last paragraph Of Section II
reads as follows:
''ln the event of any breach or
threatened breach of such marketing
contract by a member, the associa-
tion shall be entitled to an injunction
to prevent the further breach Of
contract and to decree of specific
performance.
pending the adjudication of sucn
an action and upon filing verified
complaint showing the breach or
threatened breach, and upon filing
a sufficient bond, the association
shall be entitled to temporary re-
straining order and preliminary in
junction against the member.
"The plaintiff has filed verified
complaint, and a bond as provided by
the Act, and the temporary restrain.
ing order, in my opinion, follows as
a matter of course.
"The defendant has filed an answ-
er in this case charging that the
plaintiff has failed to perform its
part of the contract, and for that
reason he should be relieved from
the performance of his part.
Gan issue of fact is therefore pre-
sented that must be determined, and
should speedily be determined by
trial upon the merits.
Erroneous Impression
"An erroneous impression seems to
have gone out that this case has been
tried, when, as matter of fact, the
pleadings have just been filed.
"The plaintiff having compiled
with the statute by filing verified
complaint and bond to protect the
defendant in the event that the de-
fendant is successful at the final
hearing, the temporary restraining
order must, under the plain reading
of the statute, continue until the
case is finally decided.
"In my opinion there is nothing
before the Court yet to require the
exercise of discretion.
"The Plaintiff having filed his
verified complaint, and proper
bond to protect the defendant, the
temporary injunction must, under
the plain reading of the law, continue
until the case is heard upon its mer-
its.
"Dated at Bismarck, North Dakota,
this 9Th day of October, 1924"