The Bismarck Tribune Newspaper, February 11, 1919, Page 8

HALL EXPLAINS HIS STAND IN BQUITY ACTION Secretary of State Declares He Is Merely Endeavoring to Protect People C The following communication from Maurice W. Duffy, depyty 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- ative 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. Inasmuch 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 communi- cation to the Townley organ, which is as follows: Department of State, Bismarc North Dakota, Feb. 10, 1919. Dear Sir: The undersigned, being in charge of the corporation department in the Secretary of State's office desires to correct the mass of misinformation contained in your article headed. “Court Holds With Packing Company Against Thomas Hall.” In the first place this office has nev- er contended that the Equity Co-oper- ative Packing Company could not in- crease its capital tock under its exist- ing charter. In my letter to Mr. Casey, refusing to file the certificate of increase, the reason for such refu: was specifical- ly stated, as follow: “I 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 a $2,000,000 increase are $1,000.00 to the State Treasurer, (See sec. 4510) and $6.00 to this of- fice. (Sea sec. 129)” When, you quote Mr. Casey as say- ing that the question ‘of $995 was not involved, you either quote incor- rectly or Mr, Casey is eligible for membership in the Ananias club. The Equity Co-operative packing company. was incorporated Oct. 25. 1916, and it is admitted in the peti- tion for a writ, that there is nothing in the articles of incorporation to i dicate that it is a co-operative cor- poration, and as our records show charter was issued to thi company as a general corporation, while the char- ter issued to companies incorporated under the 1915 laws recite: “Whereas, Seeatrane and others have filed in this office a declaration in writing or Ar- ticles of Incorporation, as provided by Chapter 92 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 fn’all respects complied with the require- Mhents of the law governing the form- ation’ of co-operative associations.” Among’ the requirements of the laws governing the formation of co-oper- ative associations.” Among the requirements of the laws governing the formation of co-opera- tive askociations at this time were vi Not less than 25 in- corpt |... A inajority of the ‘incor- porators shal!’ ‘he’ residents ' of the ocunty ‘of its principal plate of 'busi- ness, The whole amount of ‘capital stock shall never exceed $50.00. | ‘The Equity, Co-operative Packing Coni- pany had but seven incorporators, only one of whom was a resident of Cass county. and in its Articles provide for a capital stock of $1,,000,000. If the above provisions are mere) technicalities I am at a loss to know what sections of the law are mandat- ory oh how, this department may de- termine a corporation's class. You say, “The Equity Company made these changes as reauired, (by the 1917 law) and its certificate was accepted by the secretary of state, but when an attempt was made to i crease the capital stock the applic tion was refused as stated.” You eith- er have been mis-informed as to the facts or are deliberately attempting | to, create a false impression. ON Oct... 30th 1918 Senator King presented a declaration of this com- pany to come under the provisions of Chapter 97, S. L, 1917: The declaration was in proper form, reciting that} “The Equity (Co-operative Packing Company a co-operative association, etc.,” was signed and sworn to by P. M. Casey, president, and L. C. Hoop- man, secretary, Senator King paid the required filing fee. and was given a receipt therefor. The writer then ex- amined the records, and upon ‘discov- Painful Piles A Free Trial of Pyramid Pile Treat- meat Is One of the Grandest Events You Ever Experienced. You are suffering with itching, bleeding, piles or hemorrhoids. dreadfully protruding Now, go over You Positively Cannot Afford to Ignere These Remarkable ‘Pyramids. PACE Sac aca ering that the company had been in- corporated under the general law, ad- vised Senator King that he would take the matter up with the officers of the company at Fargo and with their at- torney Judge Nuchols, and the declar- ation has since been held among the unfinished business in this office. Your statement that the ruling of Judge Nuessle sustains the conten- tion of the packing company is alse misleading. The petition alleges that the incorporators intended to incor- porate under the provisions of Chap: ter 92S, L. 1915, and so advised their attorney. Our position was that this did not constitute an “attempt” to in- corporate as a co-operative ' associa- tion, that, “In order to constitute an attempt to do anything, the means employed must have some adaptation to accomplish the desired result.” I know neither law nor legerdemain by which seven individuals may con- stitute themselves any number not less than 25, neither do I know any method by which a corporation whose capital is limited by law to $50,000, have a capital of $1,000,000; and I do not believe you can legally “attempt” to do the impossible. Our contention in this respect was overruled by Judge Nuessle, but he stated that he was of the opinion that the capital stock of a company organized under Ch, 92S, L. 1915 was limited to $50,- 000, and that while thi company came within the provisions of Sec. 16, Ch. 97, . 1917, he had doub: s to the constitutionality of the law; he fur- ther stated that he supposed the case would and that it certainly should be passed upon by the supreme court. Now, if Judge Nuessle is correct that co-operative associations prior to 1917 were, limited by the $40,000. proy and the allegation of the petition ue that this company is a ¢ tive association, it ld appear tot folow that all stock ed in excess of $50,000 is void (see ¢ then have the anomalot a company with a capitalization of $50,000 attempting to increase its cap- ital stock, and certifying that stock of a par value in ex of $750,000 voted in favor of such increase. \ Then the closing sentence of Mr. | Casey's statement: “The fact that we will be able to cut some figure with the profits of the packers who have reaped a rich harvest off the people for so long, probably accounts for the ac- tion taken to block our plans.” Mr. Casey knows that there has been no attempt by this department to block any legitimate plans, that the qusetion whether the Equity company came un- der the provisions of the 1917 law, could have been tried out, so as this office is concerned, three months ago. Or does he consider it an attempt to block “our plans,” that we refused to file his first certificate of increase, only ten days notice of the meeting having been given instend of sixty days as required by the constitution. The filing of the certificate if un- authorized, would not make the in- crease valid, and this office has been under the. impression that it owed some duties to the public. The idea of. a publi¢ official who performs his duties without fear or fivor is probably beyond) Mr. Casey's comprehension, but that may be misfortune instead of, the ‘other low’s ‘fault. J FARM _ INSTITUTE WORK NEVER MORE PROMISING-HAGAN State Agricultural Commissioner Much’ Pleased With At- tendance to Date Farm institute work | opened in North Dakota last week with the best attendance and the finest prospects in the history of this movement re- ports John N. Hagan, commissioner of agriculture and labor. The western series opened at Werner, in county, and the eastern in Cz ty. Mrs. Randlett, home demonstra- tion expert with the agricultural ex- tension department, says that in a life-time of institute work she has never met with a better attendance nor more intelligent attention. The average attendance at last week's meetings was 250. While the fine weather has been a favorable factor, flu’ is still prevalent in many rural districtg, and Commissjoner Hagan had feared this might cut down the attendance. C. P. Burnstad of Burnstad is in the city en route to ‘Montana to buy a shipment of cattle for his North and South Dakota ranches, says Montana is reported to be hard pressed for pasturage, but open winter in North Dakota has made conditions ideal. Mr. Burnstad states that he has not been forced to do much feed- ing, the cattle being able to rustle for themselves. FEWER BILLS BY HALF, Less than half the whole number of bills introduced in the 15th assem- bly have gone into the hopper during the present session, says W. J. Pra- ter, secretary of the senate. Two years ago there were almost 900 bills. During this session only a thifle more than 400 have been introduced, and these when unimportant are ‘being killed as rapidly as the committees can act upon them. There have now passed both houses, ready for the signature of Governor Frazier, the following: Senate Bills 1, 14, 21, 23,., 24, 25, 26, 29, 30, 31, 42, 45, 51. 52, 78, 80, 83. ‘House Bills, 2, 6, 7, 8, 9, 10, 11, 12, 18, 19, 24, 35, 36, 39, 41, 45, 48, 57, 87 100. TOO LATE TO CLASSIFY WANTED—Man with business ability wants employment. Either office, store or traveling. Write 581, care drug store and get a 60-cent for of Syramid Pie treatment. Ree lief shouid come so quickly you will for 8 tree. tral pack ae 2 a "ee pacl re mail, ‘You will then be. convin Don't delay. Take no substitute, Tribune. 2-11-lw SFL — “GENERAL PERSHING'S STORY of the American Army in France” with color illustrations. Sells at sight. Profit 50 to 100 per ‘ cent. Send 25c for sample. Herzig & Mclean, Inc; World Tower Bldg., New York. 2-11-1t Valley Seed Co. (Old Brewery.) » Zilliwk WANTED—Tobacco cabinet and ci- gar and candy show Cases in condition. Call at McKenzie billiard | COBS—60: cents a load at Missouri: STOMACH UPSET? Pape’s Diapepsin, at Once Ends Saur- ness, Gas, Acidity, Indigestion. When meals upset you and you belch gas, acids and undigested food. When you have lumps of indigestion pain or any distress {n stomach you can get relief instantly—No waiting. As soon you ‘eat a tablet of as Pape’s Diapepsin all the indigestion pain stops. Gases, acidity, heart- burn, flatulence and dyspepsia van- ish, Pape’s Diapepsin tablets cost very little at drug stores. GIBBENS SAVES BILL TO GIVE PEOPLE VOICE Measure That Would Safe- guard Bond Issues About the only excitement furnish- ed in the senate yesterday came from the plea;of Senator Gibbens .of Towner, the oldest member of tha’ body, for mercy to his concurrent res- olution proposing an amendment to the constitution under which pro- posed bond issue in excess of $500,000 will be referred to the people ior their approval. The state affairs commit- tee reported the resolution, listed as Senate Bill 196, for indifinite post- ponement asked that it be permitted to go to third reading, declaring he believed there should be a roll-call on the question. Finally Welford moved that the resolution be transferred to the committee on state affairs, a leaguer seconded the motion, and it carried unanimously. The- concur: rent resolution could only be adoptéd by a majority vote of all the electors after it had been ratified by two legis- lative assemblies, and ‘it'could ‘not immediately: interfere “with’any part of-the league’s economic program. ‘Phe senate looked! with no ‘greater. favor*upon S.)B.'. 216, “providing :for boards ‘of arbitration: which will, hear petitions: of teachers who desire to be released from ‘contracts. The further consideration of thi measure was in- definitely postponed. ‘ Senate Bill 176, abolishing the state board of experts, ‘also was indefinitely postponed. The: senate game com- mittee was allowed. more time for. the considerationsof Senate Bills 182 and 209,and additional ‘time ‘was: allowed the senate’ committee of: corportions other: than ‘municipal on Senate Bill 128.5" Senate Bill 177 .was. reported ‘to ass; S. B, 205 was indefinitely post- poned:; 8. B. 206, to pass; House Bills 24.and 108 to pass, and Senate Bill 16 was reported to pass as amended. The president of the senate signed grain grading measure; Senate Pills 29 and 51, and House Bill 41. : Only one “BROMO QUININE.” “!To get the genuine, call for full name LAXATIVE BROMO QUININE Tab- lets. Look for signature of E. W. GROVE. Cures a Cold in One Day. 30. Carney Coal Phone 94 O. E. Anderson Lbr. Co. It’s Like Stealing Dollars Off Your Tire ‘OU: wouldn't thirk of applying anemery wheel to your tires. Yet this practically: hap- pens when you carelessly spin your wheels in start- ing. No tire—not even Fed- eral with its extra tough tread—is proof against this abuse Start yor car slowly and smoothly—it will save you tire hen you need new FED. money. tres. we recommend Je ERAL—the only tire with o dowble-cable-base, We have other thee for wre” Wess cor obs LAHR MOTOR SALES COMPANY Prevents Senate From Interring |. Senat Bill 14, the Drown amended |¥ If you appreciate real worth see our New Line of SPRING STETSONS HEY have “atmosphere”—tone—real distinction. And their wearing quality is unquestioned. It’s Stetson workmanship and high grade material that give the Stet- son its unique value. : If you are a steady customer we want to urge you to drop in and look over this fine selection. If you don’t know us yet we invite you to come in and get acquainted. : TUESDAY, . FEB. 11, 1919. Hotel McKenzie Block Capital to Suspend All Business Wednesday to Pay Tribute. to » the Memory of Abe Lincoin, © American. : (Continued From Page One.) conclusions of ‘Uncle Abe shine a Don’t Let Catarrh Avoid Its Dangerous There is a more seri Catarrh than the by (the stopped-up Stage. noyance caused distasteful features, tendency of the disease to continue its course downward until the lungs become affected, and then dreaded| ; consumption is on your path. Your + Own experience hag taught you' that the disease cannot be cured by TRACT ® cco +: Ae by Nonpartisan Where the sound ‘judgment and sober | Townley, Joseph C. Gilbert, Minnesota manager ~. Internationa like the stars of heaven to a mariner sailing an uncharted sea. League to Commemorate. Lincoln’s natal day will he noted leaguers tomorrow evening with a mass meeting in Pat- terson’s hall. Lincoln day addresses probably, will be made by Walter Thomas Mills, President Arthur C. Governor Lynn J. Frazier, Drag You into Consumption sprays, inhalers, atomizers, jellies erious stage of|and other local applications. S. S. S. has proven a most satisfac- se ir passages, and|tory remedy for Catarrh because it ». the hawking and spitting and other|goes direct to its source, and re- moves the germs of the disease from The real danger comes from thejthe blood. Get a bottle from your druggist today, and begin the only logical treatment that gives real re- sults, You can obtain special medical savice, syithant (cha P Py writing to ical Director, 2' ift a tory, Atlanta, Ga. spore ‘OR OWNERS - Rosen’s Clothing Shop of the league, and other leaders of the. Nonpartisan organization. Na- tional President Titlemore of the Equity society, here from Madison, Wis., for the annual meeting off the North Dakota Equity, will, it is e:-! pegted,, be’ ‘among: the. speakers. .\ i committee from the legislative assem- bly will have charge of the memorial. The formal program is being withheld until tomorrow. No Sessions Tomorrow. There will be no sesisong of either house tomorrow..All state, county and municipal offices will close, tor the day. Banking business will be sus- pended, and the postoffice and other departments at the federal building will observe holiday hours. Flags will fly from. every taff in the city, and window displays in business hous- es will .be commemorative of the oc- casion. Lincoln programs are being held in ja majority of the class rooms of the Public schools this afternoon, and the story of the little boy whose ambition and divine inpiration carried rim from the lowliest to the highest \o- sition in a great nation, a tale of whose telling Americans young t.d TRACTOR OPERATORS PROSPECTIVE TRACTOR OWNERS ’ and all those who are interested in Power Farming are cordially ‘ invited to attend a free Tractor School to beheld at: ; vester Building in Bismarck on ~ February 13-and 14 / Special charts and other demonstration material has been prepared and the school will be in charge of practical men who will help you solve your Tractor problems. This is not a selling cam aign and no sales talks will be made but the purpose of the school is to-render a real service to 1 those who.already own or may own or operate a tractor later. Remember the school is Absolutely Free and that you will be welcomed regardless of the’ make or kind of tractor you own or are interested in. : ljHarvester Company of America the Har- Only One Store of this Name od never weary, will be recited ong more, ty . TO VOTE ON SETTLEMENT. Pelfast, Feb. 11—The trikers of Folast have agreed to take a bal: ilct upon a settlement of the stril Street car service was resumed. It & expected that the ballot wil show ap- proval of a settlement. (PROMPT RELIEF for the acid-distressed stomach, try two or three KI-MOIDS after meals, dissolved on the tongue—keep your stomach sweet—try Ki-moldo—the new aid to digestion. MADE BY SCOTT & BOWNE MAKERS OF SCOTT'S EMULSION, i cana