Editor’s Note: Deleuda est Olivia translation: Olivia must be destroyed! The Renville County Union was published in Bird Island and would later on November 20, 1903, would be named the Bird Island Union.
To the People of Renville County:
That our friends in all parts of the county may understand our conduct in the latest development of the county seat contest, we make the following statement:
We believe and for weeks past have believed that Olivia’s petition will not stand the test of the law. On the 21st day of September, we applied to Judge Powers for a temporary injunction to prevent action on the Olivia petition. The Judge refused to grant the injunction but issued an order requiring the Commissioners to show cause on the 24th of September, why the injunction should not be issued. At the same time, he admitted that the complaint on which we applied for an injunction stated a cause of action, therefore his refusal to issue the injunction cannot count against our position. We refused to serve the order to show cause; for the reason that even after the hearing on this order the Judge might again refuse the injunction. We knew that if he did so the commissioners would then in all probability refuse to listen to our objections and would proceed to act on the Olivia petition. Of course, we could appeal, but before the appeal could be decided the county seat would be moved to Olvia. As our only object in attempting to secure the injunction was precautionary, we then dropped the matter and decided to rely entirely upon the sense of fairness and judgment of the Board.
We, therefore, appeared before the Board on the 24th and asked them to refuse to act on the Olivia petition until the several questions of law were decided and for the following reasons:
FIRST. We offered to step into the county’s shoes and bear all the expense of the contest.
SECOND. If the Board should refuse to act, Olivia could commence mandamus proceedings which would stop all action on the petition until the law questions could be decided by the Supreme Court, while if we commences an injunction proceeding on notice, ti might not stop such action on the petition, and in case the courts should afterward hold against Olivia on any of these questions of law the county would have to bear the heavy expense of a special election all for nothing.
THIRD. If the Board should refuse to act they would be treating Olivia the same as they did Bird Island by obliging her to prove the validity of her petition in the courts as they required Bird Island to do.
But a majority of the Board refused to listen to ur arguments, although the attorney general in a written opinion expressed doubt as to the validity of the Olivia petition.
The Board by a majority vote has called an election on the Olivia petition to be held on October 25.
In view of the above facts, Bird Island must either lie down and allow the county seat to be moved to Olivia on what we regard as illegal proceedings, or we must take such steps as the law allows to protect our rights.
We have determined to pursue the latter course. We shall do our utmost to prevent Olivia from receiving the required 55 percent of votes to be cast at the proposed election, and if she does succeed in carrying the election we will contest the election in the courts.
We, therefore, appeal to all who wish this matter settled according to law to stand by us in our attempt to carry out the above program.
WE gain remind the people of the county that our “Court House” still stands in imposing grandeur on one of the finest blocks of land in Renville County and in the beautiful village at the head of navigation, the far-famed deed to which block and building is still held by the county auditor.
Dated October 2nd, 1900.
Bird Island Co. Seat Committee