The Bismarck Tribune Newspaper, May 1, 1928, Page 3

ae -UmsVAY, MAY 1, 1928 EFFORTS TO SWITCH NONPARTISAN FAIL THROWS LAWSUIT OUT OF COURT Court Uphold Contention of Defendants That a Corpora- , tion Cannot Be Controlled by Outside Organization— League By-Laws Have No Effect on Newspaper. Efforts of the executive 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 Non- partisan attorneys before a 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 a corporation is an entity within itself and cannot be con- trolled by an outside organization. “There is no use to argue this case further,” the court said, in- terrupting the closing argument of Attorney M. K. Higgins, Mandan, for the defense. “No outside or- ganization can step in and run an- other corporation. The by-laws of the Nonpartisan League have no ef- fect on this corporation and if its own by-laws 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 Waddington 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. “I let you put in your evidence so that you could see jt yourself. You can call a meet- ing of the newspaper stockholders and oust 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 by the stockholders. He announced that he will later file a memoran- dum abinee setting forth his views in the usual manner. Both the plaintiffs and the de- fendants were in court today. The plaintiffs, members of the league executive committee, were R. W. Frazier, Crosby, chairman of the Jeague executive committee; Fred J. Argast of Moffit, and Carl Ander- son of Pagel. They were represent- ed by Joseph Coghlan, Bismarck at- ney. tortibert Waddington, treasurer of the newspaper cor- poration, and Frazier were the oniy witnesses to take the stand. They testified regarding the organization of 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 cerporation were pl in evidence by the defendants. Frazier’s Con...ent Commenting on the case after the decision by the court, Frazier said jt was brought in order to clarify r thti:Spcutive committee mem- ees slposition as directors of the lealir."prganization and its des- secretary- ies. } d*theeting of the committee et eld here later today, he said, thiture plans will be dis- cussed it time. rt decision, Frazier point- ed wut, clarifies the situation in that it ine Pa there is no ethical isan League organ pin gee intimated that the executive committee might select some other newspaper as the med- —_—_—_—X—XK—X__Ca_" — Stop Getting ’ Up Nights IF YOU get up many times at night by reason of Bladder Trouble, have pains in back, weakness or diz- ziness, general debility, painful, shnarting and difficult urination, lack CA control oF Uribe, or 7 = toms prostate trouble, try MO GLOBULES. This remarkable treatment has been used success- fully by thousands. So confident that it will succeed, we will send a treatment ABSOLUTELY FREE to any sufferer who has nev- er used it. No obligation or cost. Write ay THE PALMO COMPANY 60 Calhoun St., Battle Creek, Mich. CONTROL OF THE | WHEN JUDGE BERRY | i for getting before the public | its official expression. The case | ended today was brought as the re- | sult of the refusal of the newspaper management to print as Nonpart- isan endorsees for judges in the fourth judicial district the names of Coghlan and “another candidate.” The endorsetients were made, Frazier said, in the exercise of powers granted the executive com- mittee by the last League conven- tion. At that time, he said, the! \executive committee was authorized | \to endorse candidates for district jand supreme court judges and to, fill vacancies. Refusal of the! Newspaper management to print Coghlan’s name as an endorsec, he said, resulted from the fact that other candidates did not agree with the executive committee's selection. Right now, he said, the committee has before it a proposal to endorse a certain man as candidate for su- perintendent of public instruction. He pointed out, however, that in case the committee refuses to en- dorse the man who is being urged probably stead, the newspaper the committee’s endorsee. Refugees in China Tell of Terrorism Shanghai, May 1.—(—Refugees from northern and western Hupeh today brought stories of red terror- ism in the districts from which they |\of the sack of Kini would refuse to print the name of} fled. They confirmed earlier reports gces and the tone of 5,000 inhabitants by ban- its. Messages from Hankow said ex- ecutions of communists were occur- ing there daily. A girl of 17, who acted as a member of the Red Tribunal which is held responsible for the many sentences of torture and death, was one of the victims. One Dead, Another in Hospital After Mysterious Attack Chicago, May 1.—@)—Daniel Green of New ctl Ind., is dead and Kenneth McCullvugh, also of New Albany, is in a Chicago Heights hospital, probably fatally wounded as a result of what Mc- Cullough said was an attack on them by four men last night near Dyer, Ind. McCullough, although seriously wounded, drove his automobile with his wounded campanion to a Chi- ! cage Heights hospital and collapsed ! upon arrival. , the hospital was reached Green died soon after The automobile in which McCul- lough and Green drove to the hospi- tal mysteriously disappeared. ee ech roratarrrore ee f Justice Court for the place and names another in-|@ Trial of Jonnnie Mae Perkins, colored, who lives on the South side, on an immorality charge is in prog- ress this afternoon before Justice of the Peace Anton Beer. The hearing was started last week but was con- tinued until today. The case was originally brought before Justice W. S. 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