The Nonpartisan Leader Newspaper, May 25, 1916, Page 11

4 jurpose of obtaining information which wherein it is said that whenever we have “As these associations are not formed Laws of North Dakota, 1913, Vol. 1, nay be useful in their business, is not a & community of interest in the profits of . for profit and loss, if a contract is made Aynotated, defines a partnership as the rartnership. the business, we have a co-partnership.” in their society mame, the associations 2S8ociation of two or more persons for j Caldieott vs. Griffiths, 22 End. Law & In Bates on Partnership, Vol. 1, page are not bound by it, unless it was author- the purpose ctf carrying on business to- { Eq., 527. : 91, the learnied writer says: - ized by them; but all the officers or mem- &ether and dividing its profits between “The members of a club formed for “A club or benevolent association, not bers who joined in making or author- them. ‘ 5 T e g tocial purposes are not partners.” formed for the purposes of gain or izing the contract are represented by the Section 6338 provides, “A partnership Waller vs. Thomas, 42 How. Pr. 344. DPecuniary profit, is not a partnership, Jjoint name, and they are liable upon it can be formed only by’ the consent of « ot 3 e The fact that they have common prop- on the ground of principal and agent, all-the parties thereto, and therefore no Associations of this description are e prop in.” = be added rtner- P erty or a joint fund d t make th and not of partnership. new partner can be added to a pa; o 10t usually partnerships, there is no % ’ R e : id - ship without‘the consent of every exist- power to compel payment of dues, and P2rthers, as where a c'lub for social See pages 92 and 93 Ibid. Ing member-thisctarr s ‘he right of members ceases when he 7ol P2 i i i i ipti An examination of these provisions !mllifto ;neet ll;ls anm;a;l ;“b;cn;’t;m‘” ¢ will convinee any person of intelligence ond vs. Deems, - Y., 514, that the Farmers’” Nonpartisan Political Another rule that is applicable to a AS we have Stated ’ the League was League is neither in fact ‘nor in law a situation similar. to the Farmers’ Non- ] ? . partnership; its members’cannot be sub- partisan Political League is that before a pOt Organlzed for the purpose Of p rO.fit, jected to the law of partnership; no ~ person can be held out as a partner, it 3 5 liability can attach to -the: members of must appear that the holding out was lt 1S nOt engaged m bUYlng or Sell.lng this organization resting upon the laws 1 done by him -or by his consent, and it I'Y. . of partnership. i must have been known ‘to the person pr,op.el:ty’ or (.:ar lng on any enteprlse’ We have thus briefly outlined the scope SRR G Mimaiot, but it is a union of the farmers of the || of the organizstion, its purposes and | Seabury vs. Crowel, 51 N. J. Lz, 103. ; . o e S N intentions bearing upon the question as g See also 52 N. J. L, 415, -state who desire to join, with a political || Pt oy Sehas f i e sl ’ . A a co-p: 2 \ 11 L R. A, 136. Ob]ect and no Other VIiEW. Such an ed, after a careful examination of the { “SUCH AN ORGANIZATION .’ AL Z authorities, is inevitable, not only from .;, IN NO SENSE PARTNERSHIP organization can in no sense be called || the sttied decisions of the difrerent 7 i ¢ - 5 % 3 states of the Union, but from the pro- I ¢ orpnind T e reame ves || @ partnership; neither can its members || visions of our statates, which have been , not organized for the purpose of profit, b h ld 1; l'. b'l' f f pointed out. T : it is' not engaged in buying or selling ¥ to t e 1 1t (o) rtner The Farmers’ Nonpartisan Political % property, or carrying on any enterprise; € € - a . y = pa t €rs. League is not a co-partnership, and its = but it is a union of farmers of the state members cannot be held for the liabilities, who desire to join with-a political object, : arising from such relation. and no other view. ‘Such an organization objects sub-lets surplus room ana thus Turning - from the Respectfully submitted, can in no:sense be called a partnership; accumulates -a fund, or a musical club text bocks and - decis- S ‘neither can its members be held to the owns the instruments :and requires hich 4o B - % liability of partners. " ‘ resigning” members. to leave them as a ‘0’33’ Y Soem, o ne In Wagner vs. Buttles, 139 N. 'W., 425, common property. This category:includes universal ‘ throughout . i the‘learned judge in writing tkc opinion - unincorporated. associations for various the states of the Union, : ( It -said: : P RTINS Lok s B purposes,- as .. social . or, pleasure .clubs, we think that the ques- (Signature of M. A. Hildreth, United States District At- “j “The latest definition by the court of political _clubs, associations for mutual tion is thoroughly set- .. . torney at Fargo.) i | More Vi of Ind dent Edit r FAITHFUL “PURPS” HOWL oo-oo;oooooocoooooooooo.oooooooooooooooooooocoooooo.ooo-o Frazier’s support. In view of thus we e (Extracts from editorial in Cando SWEEPING THE STATE LIKE A CONFLAGRATION would advise the voters of this section, t R et no matter how kindly they feel toward | Record.) : (Editorial in Bowman Citizen) Mr. Burdick 7 5 s SRR : Read £ “Pilerim’s P » il b that- wh Mr. Burdick, to concentrate their whole o Whatever our opinion of this Nonpar- 5 vedders:- o1 gnms rogress Wil remem er that wnen strength upon Frazier, thus_ making v} R R Christian” was being shpxxn throug’;’h the “Interpreter’s House,” he doubly sure of the defeat of the stalwart ; cally ticklod ‘cleas saw a fire upon which the “evil one” was pouring water in order to candidate: 3 ' o we are just nafurally ticked clear down o qyuench it. The strange thing about it was that, in spite of all the- At Bome later dste s s IS to our bootstraps over the undignified : JLEr “Cate.Lae; volers. may. e SR i SN Read This iating themselves together éfid subserib- bg each a small sum, uniting for the and ridiculous antics of the Republican leaders because this League dared to enter their preserves. The Grand Forks Herald, Bismarck Tribune and Farg.o Courier-News sit up and howl dismally in discordant chorus, just as a bunch of- faithful purps would do'when'the funeral bell tolls the requiem of their master; " and such tried and true leaders as L. B. Hanna, J. H. Fraine and others are seen getting ‘their heads together and looking worried. They don’t like to see this counter-irritant applied to our polit- Signed Opinion by a Man You Can Trust, M. A Hildeth 5 7 reth, United States District Attorney what constitutes a partnership is.found in Langley vs. Sanborn, 135, Wis., 178, benefit, library associations, secret so- cieties, lodges, and the like. shown a man feeding the flames with oil. water, the fire burned brighter than ever. The mystery disap- peared when, on the other side of the partition, the pilgrim was The present politieal conflict in this state between “Big Busi- - ness” and the plain people, brings this portion of Bunyan’s famous allegory to mind. Every art and device known to the old McKenzie machine is being utilized in an attempt to destroy the splendid farmers’ organ- ization known. as the Farmers’ Nonpartisan Political League, and yet in spite of this it is sweeping the whole state like a conflagra- tion. . Every time old Alec and his henchmen pour forth the vials of their hatred, abuse and attempted intimidation, the flames leap higher and higher, because on the other side stands. THE EN- LIGHTENED COMMON SENSE OF THE PLAIN PEOPLE whom the-old machine can fool no longer. s ' tled by provisions of our own statutes. Chapter 74 of the Civil Code, Compiled again have the pleasure -of supporting Mr. Burdick—BOWMAN CITIZEN. \ PROVES TRAITOR Judging from the sentiment of the state press, Bre’r Guild of the Courier- News is' a base'hypocrite. Certainly he has been foremost in the attacks on men whose untiring effort. have made this granger organization possible. The big majority of the state press‘are in favor of the principles of the League and speak highly of the personnel of those ‘prom- inent in its management.: The’ gan; foal ailments” papers are expressing unusual fear that = % "“Look at these self-seeking scoundrels leading the farmers astray—” is the burden of the stalwarts” cry, but nobody outside the old machine crowd pays - attention. Townley’s high-pitched, rau- cous command is heard above the din, and ‘his farmers march right in-over the front lawns and private grounds of our dear old “political leaders,” knocking down the “keep-off” signs, and using their cudgels .on anyone who dares to oppose. We are. all surprised to see the gentle farmer act in this wanton manner; but then it must be remembered that the League is out on a foraging expedition into the lands of the enemy and not on @ Sunday school picnic.. - g " The ruling purpose of the Republican machine in North Dakota has always ‘been to secure and perpetuate legisla- _tion in favor of special privilege.. The : of the Nonpartisan i 0 3 . o League is to get rid of the special privil- - _ege parasites .and put some legislation cipation is at hand! CLEANING, which will sweep LONG PULL, A STRONG TOGETHER? over in favor of the masses. Everybody knows-that the Republican machine was and is greasy with graft—a. trite asser- tion that has often been' proved. The stalwarts on the other hand are claiming that the League leaders are “a bunch of - grafters,” but this has not been. demon- strated to be true. : We are glad to see the Nonpartisan League placing the dynamite under the - “old system in North Dakota, and if, in the shake-up, they should happen to blow up a few bi-partisan, special privilege democrats off the map, we are mot going to shed any crocodile tears. e Farmers and Business Men! T ) Bowman county joins hands with every other county in the state for A GRAND, POLITICAL, SPRING HOUSE- il into oblivien the last vestiges of machine rule in North Dakota. ALL HANDS ON DECK! ...O...............C....'.Q'.O........Q.....‘.....O....O The day of your political eman- A PULL, AND A PULL ALL .O.....C.............D..d.....................O..l. BURDICK’S MISTAKE The Citizen regrets that a man with the progressive record of Mr. Burdick should be a candidate at this time. Hay- ing ‘suported him ‘two years ago it could do so with pleasure again, were it not for the fact that 40,000 farmers of this state have indorsed ‘a progressive farmer candidate in the person. of Lynn J. Frazier. : T Fraine, the stalwart candidate, will receive the whole voting strength of the machine, and whatever votes Mr.- Bur- diok-receives: will ‘be drawn largely from ™ the progressive ranks, thus weakening _ nine dollars per. the farmers may get skunned out of their In face of the. graft that has been put over by big interests and their system of dividing the spoils in days now about over, it is rather amusing to see the editorial bosh that these good old machine newspapers are handing to “the dear farmers.” What - is really putting ' this fellow Guild in bad is the fact that he built up a big circulation on a seeming fairness to producers especially in remote fruit and - cotton fields. Now when it comes to a fight by the producers of this state for an opportunity to get a fair return for their labor, then this parson-editor does a flip-flop and tries to double cross thousands of readers whose confidence he had won. . In his hypocrisy he is put- ting himself out of business so fast that one may well wonder if the Fargo Forum | management 'is not laughing up their sledves at the Pa'son and his editorial contortions.—KENSAL PROGRESS. .