SUPREME COURT TO DECIDE CONVENTION CASH LEGALITY

Supreme Court to Decide ConventionCashLegality Supreme Court Studies Appeal of Fishermen The state supreme court last week took under advisement an appeal by Green Bay fishermen for relief from a...

...While Zimmerman approved the $4,000 request made by the DAV as well as a $27,050 advance requested by the legion, Smith had refused to release any of these funds until forced to do so by the high court...
...Atty...
...A writ of mandamus to force the dismissal by Judge Graasa had been requested by counsel for Lester A. Carter, former Forest county treasurer...
...Ray Evrard of Green Bay, counsel for the fishermen, and asst...
...The legion has taken no action to force release of the funds appropriated to it by the legislature because Gov...
...The issue before the supreme court, which had reviewed other phases of the case before, was one of legal procedure...
...Spencer filed the recovery action in Brown county circuit court under the statute making the county chairman responsible for prosecuting such cases...
...Maintaining that the legislative appropriation to the DAV as well as another' appropriation of $50,000 to the American Legion Convention Corp...
...The court agreed to dispense with all arguments and to settle the issue on briefs which will be filed by G. Burgess Ela, Madison, representing Smith, and C. M. Denissen, Green Bay, representing the DAV...
...The court...
...In questioning Atty...
...Charges that Carter participated in an illegal profit on the sale of county lands to the federal government for forestry purposes previously had been dismissed...
...Fishermen claimed Judge Reis did not rule on Hie points in dispute...
...Justices Agree to Settle Issue On Briefs From Attorneys The state supreme court last week agreed to take original jurisdiction in the action of the Disabled American Veterans Convention Corp...
...He was affirmed by the jupreme court...
...While the suit was pending a majority of the Forest county board adopted i resolution to settle it for $1...
...Smith had refused to release DAV funds because William T. Evjue, editor of The Capital Times, had threatened him with legal action if he did so...
...Supreme Court to Decide ConventionCashLegality Supreme Court Studies Appeal of Fishermen The state supreme court last week took under advisement an appeal by Green Bay fishermen for relief from a conservation commission order increasing the mesh size of nets used in Green Bay and Lake Michigan...
...Warren Resh, counsel for the commission, Indicated it would be ready to hear arguments in the case next month...
...Resh said the state "was not Impressed by the exigency of the case" since the fishermen had "almost two years" to comply with the order...
...Circuit Judge Henry A. Deiling of Sheboygan Issued a temporary Injunction at Marinette blocking enforcement of the order, but the case was taken to Dane county circuit court on a motion by commission counsel...
...Evrard contended the commission contradicted itself in its order and that haste was necessary because certain fishermen faced bankruptcy if required to purchase new nets...
...of Milwaukee was unconstitutional, Evjue informed both Smith and Secretary of State Fred R. Zimmerman he would hold them accountable on their bonds if any of these funds were released...
...Ela did not oppose Denissen's motion that the court take original jurisdiction because, he said, Smith wanted a determination of the controversy by the court...
...Heil had given the legion his personal check for $27,050 to underwrite the 1941 national convention of the American Legion if it came to Milwaukee...
...Carter is defendant in an action brought by County Chairman Clyde A. Spencer to recover $30,-742.12...
...The fishermen are seeking reversal of a decision of Judge Alvm C. Reis of Dane county circuit court dismissing their suit to enjoin the commission from enforcing iLs order increasing mesh size from 21/2 to 21/2 inches and making other changes in fishing regulations...
...Holding it was tne duty of the county chairman to pursue the case to a judgment, Judge Graass refused a motion to dismiss based on the county board vote...
...Won't Quash Forest County Land Action The state supreme court refused las\ week to approve an action that would compel Circuit Judge Henry Graass to dismiss a recovery suit in the Forest county land deal case...
...of Green Bay to force State Treasurer John M. Smith to release $4,000 of a $10,000 appropriation made to the corporation by the legislature...

Vol. 10 • May 1940 • No. 20


 
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