PROPOSED FEE FOR LEGION MEETING DIRECTOR EXCEEDS GOVERNOR'S SALARY, CLAIM
Proposed Fee for Legion Meeting Director Exceeds Governor's Salary, Claim Would Cet More for heir Days' Work Than Executive's Annual Pay, Roe Tells Higli Court In Brief Filed for Evjue THE STATE...
...noted mayor of Milwaukee for 24 years, will be honored at a testimonial dinner at the Pfisler hotel...
...common stock to the trustee and attorney In part payment for their services...
...To Receive Stock Other payments of stock to be made are 75 shares of Automatic Products to Elmer and Peterson: 300 shares of Automatic Products and 80 shares of Standard Commercial Tobacco to McGowan and Geffs...
...the brief said...
...editor of The Capital Times, in the cases involving the constitutionality of 1939 acts appropriating $50,000 to the American Legion 1941 Convention Corp., of Milwaukee, and $10,000 to the Disabled American Veterans Convention Corp., of Green Bay...
...Alstad...
...common stock and 180 shares of Standard Commercial Tobacco Co...
...Inc., five shares of B. F. Buckman and Co., preferred stock, 10 shares of Cosden Oil Co., common stock...
...Proposed Fee for Legion Meeting Director Exceeds Governor's Salary, Claim Would Cet More for heir Days' Work Than Executive's Annual Pay, Roe Tells Higli Court In Brief Filed for Evjue THE STATE is being asked to pay the director of the national American Legion convention for a few days work more than is paid the governor of the state for a year's work, Atty...
...The total of these expenditures would be $750...
...250 shares of Automatic Products and 100 shares of Standard Commercial Tobacco to Atty...
...Hoan was retired by the Milwaukee electorate in April after more than two decades of distinguished service, during which Milwaukee became world famous as one of the cleanest and best-governed cities in the United States...
...Questions Benefits "What possible concern is it of the struggling farmer in the northern cut-over counties or the miner in the southwestern mining counties that the convention of particular corporations be held in Milwaukee or Green Bay, regardless of how high-minded the objects of the particular corporations may be...
...Stone Approves Wells - Kendall Reorganization 9% Dividend to All Creditors Called Most Equitable Plan Recommendation of Paul N. Grubb, Janesville, trustee in the financial reorganization proceedings of the Wells-Kendall Co...
...It is apparent from all the decisions on the subject that while the courts give great weight and deference to the determination of the legislature on the subject of public purpose, such determination is in no way conclusive, and the legislature by Its mere declaration that a purpose is public cannot prevent judicial scrutiny and review of such determination," the brief held...
...In addition to the payments to the government, noteholders, unsecured creditors and the law firm the trustee is ordered to pay $50 to Elmer and Peterson, attorneys for the petitioning creditors...
...980 shares of General Carpet common stock, and a bond of the Woods Building Corp...
...Yet the convention appropriation acts which arc here under consideration, in their attempted use of state funds for private and local purposes tread the path that leads to Communism...
...It went on: "It Is likewise submitted that patriotism would be better served by avoiding the appropriation of public funds for the private purposes of a corporation, no matter how patriotic the cor-oration may be...
...In his capacity as a taxpayer, Evjue is questioning the constitutionality of these two acts, maintaining they appropriate public money for private purposes...
...since the use of public funds for private purposes naturally tends to break down the confidence of the people in their government and defeats the very objective which patriotism Is intended to foster...
...and $350 to Grubb for his services as trustee...
...175 to McGowan and Geffs and a like amount to Edgar M. Alstad...
...FLPF Endorses TwoCandidates For Congress LEONARD C. Pons and James Pasch, prominent Milwaukee attorneys, were endorsed by the Milwaukee county unit of the Farmer Labor and Progressive federation as its candidates in the fourth and fifth district congressional district races Both districts are in Milwaukee...
...the brief said...
...The court has ceclded to settle the controversy as to whether the acts are constitutional and set today as the deadline for filing of briefs on the subject...
...Pointing out that the Legion convention in its complaint to the court admitted that of the $27,050 asked, $6,000 would go to the director of the national convention as a fee and $1,200 more for his "moving and entertainment expenses...
...Madison, affiliate of the B. E. Buckman and Co . defunct Madison investment firm, for payment of the firm's creditors and attorneys was approved last week by Judge Patrick T. Stone in federal court here...
...The brief cited a number of cases to refute the claim that the legislative determination relative to the appropriations in question precludes judicial scrutiny as to the purpose of the appropriations...
...Fons recently waged a brilliant fight for circuit judge in Milwaukee and was nosed out by a narrow- margin in the subsequent recount...
...and 465 shares of Automatic Products to Grubb...
...John E. Roe declared in a brief filed with the state supreme court last week...
...He pointed out that certain appropriations made to the WD A were struck down as being intended to benefit only certain communities in the state...
...The court holds that the trustee's recommendation to distribute these to noteholders is provident as it permits each to sell or hold as the individual desires...
...attorney for the trustee...
...Certainly responsible representatives of the American Legion and the Disabled American Veterans of the World War would be the last persons who would wish to identify themselves with Communism...
...The funds were appropriated to the Legion to aid it in bringing the national convention to Milwaukee in 1941...
...The court held that through this plan unsecured creditors secure a greater advantage than they would if the money was used for the payment in full of the administrative expenses...
...All of the high-minded preamble to the legislative enactments falls into Insignificance when it is noted that the appropriations are specifically limited to convention activities for the benefit of the particular municipalities mentioned," the brief said...
...The brief further pointed out that the acts appear to have been drafted on the assumption that because the court has held the state could utilize a private corporation as a public instrumentality "the rule that public funds mast be expended for publfc purposes has in some mysterious way rela xed...
...A number of civic orpine,<!.i>ns arc sponsoring the gathering...
...the brief said: "In other words, the slate is asked to pay to the director of a convention lasting less than a week a total of fee and expenses in excess of the salary of the governor of the state of Wisconsin for an entire year...
...Urged 9 % Dividend The trustee recommended that most of the money be used to pay a 9 per cent dividend to all creditors...
...and to the DAV to cover expenses of the national convention of that organization in Green Bay...
...In conclusion the brief pointed out that courts have held that the distribution of funds accumulated by taxation for the primary benefit of favored individuals in the community is incipient Communism...
...Under the plan as approved, a total of $2,446.69 of the $3,315.90 in the possession of the trustee is to be paid on the government's claim and as a dividend to noteholders, unsecured creditors, and the law firm of Mc-Gowan and Geffs, attorneys for Wells-Kendall Co...
...The plain fact is that even though full observance Is given to the presumption that the legislative action Is proper, the courts have not hesitated to fulfill their judicial duty in striking down tax and appropriation measures where the alleged public or governmental purpose was found to be incidental, remote or subordinate to the main purpose of the legislation," the brief said...
...or otherwise dispose of them in some manner favorable to the firms creditors...
...The trustee Is further ordered to transfer 1.090 shares of Automatic Products Corp...
...Roe filed his brief as a friend or the court on behalf of William T. Evjue...
...The Legion and the DAV are seeking an order from the supreme court to compel State Treasurer John M. Smith to release $27,050 of the money appropriated by the legislature because Evjue has threatened to bring legal action against him if he did...
...Milwaukee, June 27...
...Dan Hoan To Be Honored A t Testimonial Gathering Milwaukee Civic Croups Sponsor Banquet June 27 DANIEL W. HOAN...
...George Hampel, Sr., secretary of the group making arrangements tor the dinner, announced...
...He said authors of the appropriation bills for the veterans' organizations ignored the fact that only Milwaukee and Green Bay would benefit...
...In the court order the trustee is authorized to take bids from noteholders for 6,000 shares of Condor Pictures...
...Roe said that the drafters of the act were under the impression that in the Wisconsin Development authority case the high court had given a blanket authorization for appropriation of state money to private organizations...
Vol. 10 • June 1940 • No. 24
