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i “meaning of the association:: *political lines for the purpose of securing “representative men in-the legislature of “the state of North Pakota, who will ap- “prove and support legislation affecting “the program above~set' forth.” Im. 'no - " gense .does this organization pretend to “or by any action of the League. " * nonpartisan, political, and yet with an M. A. Hildreth OPINION OF M. A. HILDRETH, COUN- SELLOR AT LAW, AS TO WHETH- . ER OR NOT THE FARMERS’ NON- PARTISAN POLITICAL LEAGUE IS A CO-PARTNERSHIP. " The Farmers’ Nonpartisan Political League is an organization of the state of North Dakota, with a President, Vice- President, Secretary and Treasurer. The object and purpose of the League is expressed in the following resolution and statement of its general purposes:. “We: the undersigned, to secure the enactment of such legislation, each pledge ourseélves to aid and support the work of .organization by paying “$9.00 aembership fee. This sum to include cost of organization, subscription to Pearson’s Magazine and the Nonpartisan - Leader (official paper of the Farmers’ Nonpartisan ‘Political League) and mem- bership in the League to December 1, 1916. “It is understood and agreed: That ° the members of this League will use their best endeavors to secure the nomination and election of men for office within the state, who the investigations of this League show by conviction, record and conduct, approve and will -support legislation necessary for the purposes above expressed.” ' The purposes above expressed are under the head “PROGRAM - State Terminal Elevators, Fiour Mills, Stock Yards, Packing Houses and Cold Storage Plants. . State Hail Insurance. Exemption of Farm Improvements from Taxation. State Inspector of Dockage and Grading. Rural Credit Banks operated at cost e A POLITICAL UNION FOR e ‘BETTERMENT OF FARMERS A careful reading of the pamphlet sub- mitted to me, as a basis for my opinion, - clearly “evidences a purpose of political union for the betterment.of the farmers throughout the state of North Dakota. “The Farmers’ Nonpartisan - Political League is not a money making enter- -prise; it is not engaged in any business,. :save and except of securing, for the best - interests of the farmers of the state, ‘legislation which will ‘enable them to be benefitted by such laws as will secure ‘rights now denied them.’ The intent and is ‘along go into any scheme in ‘which revenues are to be derived from its: membership, It ls -committee. ooo:oo'oooooo_ooooooooooooooooooooooo‘oooooo‘o‘oooo objective looking toward a change in the methods of handling farm products, and an advancement of the interests of the farmers in connection with certain specific legislation. The pamphlet discloses under the words: “THE .FARMERS’ NONPARTISAN POLITICAL LEAGUE OF NORTH DAKOTA. “Note—The management and work of organization shall be carried on by and The Nonpartisan League is Not a “Partnershtp Its Individual Members Can Not Be Held Liable cold storage plants; but it has-gone into the business (if it may be so called) of putting the farmers in a position of com- pact organization that will bring about the advancement of great interests of a preeminently agricultural state in the . legislature of the state. LEAGUE NOT INTENDED TO BE A PARTNERSHIP There is, therefore;, no intention be- tween the members of this League for relations which could, in any sense, be “There is, therefore, no intention be- tween the members of this League for relations which could, in any sense, be called a co-partnership; it is, to say the most, but an association whose purpose is political, whose relations to one an- other are purelv in-the sense of aiding one another to elect to public office representatives along the lines suggested.” under the supervision of the executive No agent or organizer is authorized to make representations in conflict, or that do not conform with the purposes and agreements of The Non- partisan League as herein expressed.” We have stated those purposes under the word, “Program.” A STRUGGLE FOR EQUALITY EXTENDING OVER MANY YEARS For many years a struggle has gone on throughout the state between the farmers and those who represent vast interests in elevators, railroads, banking institutions and insurance companies, to bring about such an adjustment of the rights of each as would place them on some basis of equality, that the farmer may, without passing through the hands of middlemen and elevator companies, " receive the market price for his grain; that in the banking world facilities should be provided to enable the farmers to borrow money at a low rate of inter- est, and to have the advantage of a sys- tem of rural credit banks. Much might be said along these lines, but it is sufficient for the purpose of this opinion to indicate that the intent of this organization is political: it is not in the. business of organizing insurance companies, elevators, packing houses or When the price of food is The Independent Farmer By E. M. Kennedy 5 i : (Note—Much has been said about Ythe independence and prospenty of the North Dakota farmer; hence our view.) ‘When the pigs are in the fodder and the fodder’s in the pigs And the price of hogs is-forty dimes, he don’t ride in auto rigs, There’s no such thing as music in that peculiar grunt and squeal irteen cents for its average daily meal. When the beeves are in the stock car and four cents the stockman’s share, The smile on-his face-is lacking, because the deal’s not on the square. - The consumer digs up twenty cents for every pound he gets—by Heckl. = ° ‘When the beeves are on the meat block and the packer 8- got his check. A Who says there s money farming when the gambler’s in the bny, : For the gink who farms the farmer is the two-thonsand~per-mi.nute guy, There’s lots of bunk about prosperity from: tlus billion-bushel crop— i When the farmer -3 gram is ready ‘to sell the pm:e is sure to drop. You hear nothmg ot‘ advermty, that frost and dtonghts the hard hmes brmg. The farmer’s got-to chance it, with.many another thing. Hls crop is poor; his cash is' short; he can not meet his rent, But the mterest goes on. just the same-—lt’s only ten per cent. s called a co-partnership; it is to say the most but an-association whose purpose is political, whose relations to one another are purely in the sense of ‘aiding ‘one another to elect to public office represent- atives along the lines suggested. 'If the Farmers’ Nonpartisan' Political- League is called an association, it is for the bet- terment of its members, and not for the purpose of making profit. The courts have universally held -that such leagues or associations are in no sense co- partnerslnps. Ash vs. Guie, 97 Pa. St. 493 One of the-fundamental principles by which to determine whether the rela- tions existing between parties are those of partners or not is the intention with which they entered into that relation. “If men have become associated for the purpose of carrying on a ‘business owned in common and dividing the profits thereof, they are partners, whether or not profits are ever realized and dis- tributed.. The real inquiry always is, have the parties by their contract com- bined their property, labor or skill in an enterprise or business as principals for the purpose of joint profit. If they have done so, they are partners in that business or énterprise. It is the legal or manifest, not the secret, intentiox\: of thé oo‘ooboo'o"oooooo v - which- the courts will enfo; parties that is to determme whether -a partnership exists.” See Spalding vs. Stubbmgs, 86 Wis. 265 * Gilmore on Partnership, page 7. PARTNERSHIP RESTS ON . CON< : TRACT “When a man enters into a partner- ship relation, he certainly commits his dearest rights to the discretion of every one who forms a part of that partnership. Hence partnership rests, and must neces- Sarily rest, on mutual consent, or in other words, on contract. ' It can exist only in pursuance of an expressed or implied agreement to which the minds of all par- ties have assented.” MEMBERS DO NOT 'AGREE TO UNDERTAKE LIABILITY These principles are but elementary. Here there is no intention to enter into a joint -enterprise resting upon a con- tract. Any farmer of the state, by pay- ing the sum of $9, joins the League and receives from it a magazine and the- League paper; he enters into no agree- ment to become responsible for the acts of the officers of the association; no con- tract relations arise between the individ- ual and the public generally; and while the executive committee might perhaps be held liable, yet the individual members - of the League can in no sense- be held liable for the acts of: the executive committee. . . . The question as to the liability of the members of .a league or. association on the-theory of :a partnership arose in the case. of Ash:vs. Guie, 97 Pa. St. 493, which was an - action brought on' the theory that certain members who :had been organized by the Whigs: of Pennsyl- vania to arrange for a dinner: in celebra- tion of the Harrison victory in 1840, at .which about 4000 people partook: ‘with wonderful cordiality. The question there determined was that the members of the league were in no. sense. partmers, al- though the committee was held liable for the bills thus contracted. COURT DECISIONS SHOW ' MEMBERS ARE NOT LIABLE Numerous decisions have been ren- dered from time to time in the courts of the Union, drawing the line sharply be- tween such associations and the law of partnership. We call attention to a few of them: Lafond vs. Deems, 81 N. Y., 507 e Johnson vs. Corser, et. al, 25 N. W.,, 799. In Brown vs. Stoerkel et. al, 3 L. R, A., 430-33, the Suprcme Court of Mich- igan held: “A benevolent and social organization having also in view the protection, bene- fit and welfare of its members in their various employments, is in no sense a partnershxp 2 Morse, in writing the'’ opinion of ~the Court, very aptly expresses a clear dis- tinction between such organizations: as the Farmers’ Nonpartisan - Political League and a co-partnership. g - This association was in no sense a co- ‘partnership; theé was no business car- ried on by it, and nothing involvmg loss "..or profit in a business sense, : “Burt vs. Lathan; 52-Mich. 106, - - “It .must ‘now be -considered ‘as- well settled that persons have a right to enter ““into such associations, to bind themselves -as- o ‘their membership and : nghts in :such society, and the funds of the same, ‘by-the constitution” and :by-lawsiof the -association, whith they adopt or snb- scribe to after adoption.: = = | #Such ‘an organization may be’ exther g ‘e partnership nor a corporation. The articles of agreement of such an assocla-, tion, whether called a constitutio; char- : ~ter, by-laws, or any other nam .shtube a contract between: _moral or contrary to Jaw of -the land.” Of A long line of authori es: S e ) 1 i o