The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-01
Court Uphold Contention Of
Defendants That a Corpora
ton Cannot Be Controlled
by Outside Organization
League Bylaws Have No
Effect on Newspaper.

GAAOIlS O1 lJS SAcCuCIVC commit.
tee of the Nonpartisan League to
obtain control Of the North Dakota
Nonpartisan, official newspaper Of
that organization, failed today when
District Judge H. L. Berry, Man
dan, threw the case out of court.
The matter was argued by Nom
partisan attorneys before q Non
partisan Judge with Nonpartisans
sitting at both counsel tables as the
parties at interest.
In a verbal opinion Judge Berry
upheld the contention Of the defend
ants that corporation is an entity
within itself and cannot be con-
trolled by an outside organization.
There is 10 use to argue this
case further" the court said, in
terrupting the closing argument of
Attorney NJ. X. Higgins, Mandan,
for the defense. mo outside or
ganization can step in and run an
other corporation. The bylaws Of
the Nonpartisan League have no eff
feet on this corporation and if its
own bylaws so provided they
would be illegal. The courts can
not step in and turn a corporation
over to outsiders.
Action Wrongly Started
Berry said the plaintiffs had
brought their action wrong and
that the court had no jurisdiction
over the real defendant. The real
defendant, he said, was the corpora
tion publishing the newspaper
whereas those named by the plain
tiffs were Albert Washington and
Ben C. Larkin as only two Of the
five members Of the board of direc-
tors, and C. G. Boise, employed as
editor Of the publication.
"There is absolutely nothing to
it." Judge Berry said, speaking to
the plaintiffs. 81 let you put IN
your evidence so that you could see
it yourself. You can call a meet
ing of the newspaper stockholders
and Dust these directors but that is
all. This court is powerless TO
grant relief for nearly all the rea-
sons you can assign"
Judge Berry said he is not hold
ing that the three plaintiffs cannot
maintain an action to obtain control
of the newspaper but that the mat
ter of corporate control remains
with the board Of directors elected
bv the stockholders. He announced
that he will later file memoran-
dunn opinion setting forth his views
in the usual manner.
Both the plaintiffs and the de-
PENDANTS were in court today; Inc
plaintiffs, members Of the league
executive committee, were II. w.
Frazier. Crosby, chairman OF the
league executive committee; Freq -
Arrast Of Moffit, and Carl Ander-
son Of Pagel. They were represent
ed by Joseph Coghlan, Bismarck at
Albert Washington, secretary
treasurer of the newspaper cor
noration. and Frazier were the only
witnesses to take the stand. Ihey
testified regarding the organization
If the Nonpartisan League and the
newspaper and the relations be-
tween the league executive commit
tee and the newspaper manage
ment. Numerous records OF the
newspaper corporation were placed
in evidence by the defendants.
Frazier's Con-
Commenting on the case after the
decision by the court, Frazier SAID
It was brought in order to clarity
for tn timNfcutive committee mem.
bers Aasl:elposition as directors OF
the leAir, Reorganization and its des-
TIMES. die heeting Of the committee
will b here e,a Iasef will ipd By di is
cussed b. chat time.
The court decision, Frazier point
ed ont. clarifies the situation in
that It rroves there is no official
N Non League organ now j in n
existence. He intimatcd that the
executive committee might select
some other newspaper as the med