The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1933-08-18
BY Commissioner Pasich:

BY Commissioner Pasich:
Whereas, two actions have been
brought in the district court of st.
Louis county, at Duluth, one an ac-
ton in mandamus by III. 5: Newell
and Albert Horvath as petitioners,
against all the county commission
ers constituting the county board Of
st. Louis county, Minnesota, to show
cause before said court on July 18th,
1888, why said board of county conn
missioners has not complied with
the alternative writ of mandamus
issued in said proceedings; and an
other action, entitled F. w. Chap
man, C. c. Blair and Taxpayers
League of st. Louis county, as plain
tiffs VS.. the county of st. Louis.
Walter III. Bergen, as county auditor
and w. G. Sargent, as county treas
urer, Sheldon B. Shepard, as county
highway engineer and all of the men,
bers of the county board of said
also a permanent injunction are
sought, enjoining the members of the
county board, and each of them, ex-
cept when acting as the county board
of st. Louis county in legal meeting,
from exercising or attempting to
highway work of said county or any
part thereof, or over the forces en-
gagged therein, and from mourning
or attempting to incur any obliga-
lion OH Denau OF Louis county
in connection with said road work,
and from authorizing the issuance of
any warrant or order in payment of
the same, unless the said county
highway engineer shall have been in
charge of the improvements for
which work, supplies or equipment
have been furnished; and asking to
enjoin the defendants, Bergen and
Sargent, as said officials, from is
suing or paying any warrant or order
in payment of any claims allowed in
violation of such injunction, and or
dering all of said defendants to show
cause before said court on the thir-
teenth day of July, 1888, why a tenn
porary injunction should not issue
to be In effect during the tendency
of such action, and until the further
order of the court, both of which ac-
tions are now pending in said court
at Duluth, in which actions said
plaintiffs are seeking to substanti-
ally modify the previous methods
and practices of this board; and
Whereas, after due consideration
of the matters involved in each of
said proceedings and the Importance
of the issues raised therein, in their
effect upon the interests of st. Louis
county and it's people, and the sub
stantial amount of legal work re-
preparation and trial of said actions,
both within and outside of court,
special counsel should be employed
by this board to appear for the
county of st. Louis, and the MEM
bers of this board named as defend
ants in each of said actions; and
Whereas, in the judgment of this
board, 1t is necessary and advisable
that such special counsel should be
provided Immediately, to appear for
in the defense of each of said ac-
lions to the extent directed and ap-
proved by this board, at the expense
of st. Louis county.
Now, therefore, be it resolved, that
Sigmond M. Slonim of Duluth, John
e. Manthey of Eveleth, Victor E.
Essling of Eveleth and Thomas Striz-
ich of Hibbing, all attorneys at law,
be and they are hereby employed to
act as special counsel for the county
of st. Louis, and the county commits
sioners of said county, acting as the
county board, in the preparation for
trial, and in the trial and defense of
each of said actions against said
county, and said county commission
ers. until the completion thereof, or
reasonable compensation for such
services. to be fixed by this board,
and paid as said legal work pro-
crosses, or on the termination there
of, as shall be approved by this
board, said compensation to be paid
anu verified Claims,
filed with. audited and allowed as
other claims against said county are
audited and paid.
Commissioner Koski moved the a.
doption of the resolution and it was
declared adopted upon the following
vote:
Yeas-Commissioner Eklund. Kos
XII, Pasich and Chairman Pete.
Nays-Commission Anderson and
Newman-2.
Adopted July 18th, 1888.
Commissioner Newman explained
his vote saying he objected to the
expenditure of money by employing
extra counsel