Jefferson Cnty. Farm Bureau v. Sherman, 39668.

• Decision Date: 24 June 1929
• Docket Number: No. 39668.,39668.
• Citation: 208 Iowa 614,226 N.W. 182
• Parties: JEFFERSON COUNTY FARM BUREAU v. SHERMAN ET AL.
• Court: Iowa Supreme Court

208 Iowa 614

226 N.W. 182

JEFFERSON COUNTY FARM BUREAU

v.SHERMAN ET AL.

No. 39668.

Supreme Court of Iowa.

June 24, 1929.

Appeal from District Court, Jefferson County; R. W. Smith, Judge.

The plaintiff contends that it is entitled to an appropriation by the Board of Supervisors of Jefferson county in the sum of $2,450 for the year 1928. The board refused to make the appropriation; thereupon this action in mandamus was brought to compel the Board of Supervisors to make the appropriation. Upon trial of the issues joined, the court found against the plaintiff and for the defendants, dismissed plaintiff's petition, and rendered judgment against it for the costs. Plaintiff appeals. Affirmed.Miller & Everett, of Albia (Frank Evans, of Salt Lake City, Utah, of counsel), for appellant.

Wm. W. Simmons and Thoma & Thoma, all of Fairfield, for appellees.

WAGNER, J.

The plaintiff is an association organized under chapter 138 of the 1927 Code (sections 2924-2938), for the purpose of improving and advancing agriculture, domestic science, animal husbandry, and horticulture. It is provided by said chapter (section 2925) that such body may be formed by acknowledging and filing articles of incorporation with the county recorder, signed by at least 10 farmers, landowners, or other business men of the county. Other sections of said chapter having a bearing upon the question presented for our determination are as follows:

Section 2926: “ Articles of incorporation. Such articles of incorporation shall be as follows: * * *

“Article 4. The yearly dues of the members of this corporation shall be one dollar, payable at the time of applying for membership and on the first Monday in January of each year thereafter. No member having once paid his dues shall forfeit his membership until his subsequent dues are six months in arrears.

Article 5. Any citizen of the county and any nonresident owning land in the county shall have the right to become a member of the corporation by paying the annual dues and thereafter complying with the articles and by-laws of the corporation.” (The italics are ours.)

Section 2927: “ Additional provisions. Such articles may include other provisions which are not inconsistent with the provisions of this chapter and shall be recorded by the county recorder without fee.”

Section 2929: “ Powers of association. Such association shall have power: * * * “3. To use part or all of the sum annually received as dues from its members in payment of prizes offered in any department of its work, including agricultural fairs, short courses, or farmers' institutes.” (The italics are ours.)

Section 2930: “ Appropriation by board of supervisors. When articles of incorporation have been filed as provided by this chapter and the secretary and treasurer of the corporation have certified to the board of supervisors that the organization has among its membership at least two hundred farmers or farm owners in the county and that the association has raised from among its members a yearly subscription of not less than $1,000, the board of supervisors shall appropriate to such organization, from the general fund of the county, a sum double the amount of such subscription. Such sum shall not exceed, in any year, a total of five thousand dollars in counties with a population of twenty-five thousand or over, nor a total of three thousand dollars in counties with a smaller population.” (The italics are ours.)

Section 2931: “ Limitation on aid. The only farm improvement association which shall be entitled to receive such county aid shall be one organized to co-operate with the United States department of agriculture, the state department of agriculture, and the Iowa State College of Agriculture and Mechanic Arts.”

Section 2932: “ Funds advanced by federal government. The president and the secretary of the association shall, prior to the time of advancing any funds, as herein provided, certify to the board of supervisors the amount, if any, advanced to the association by the government of the United States for the ensuing year in aid of the objects of the association.”

The articles of incorporation are in exact accord with the requirements of article 4 of section 2926 of the Code, except that the expression “$5.00 dollars” is substituted in lieu of “one dollar,” as therein specified. The president, secretary, and treasurer of the plaintiff certified to the board of supervisors:

“That there have been filed with the county recorder, as provided by the Farm Aid Association Act, the articles of incorporation of this association; that this association is organized thereunder, and has among its membership more than 200 farmers or farm owners in this county; that this association has raised from among its members a yearly subscription of one thousand two hundred twenty-five ($1,225.00) dollars; that there has been advanced to this association by the government of the United States for the ensuing year, in aid of its objects, the sum of six hundred dollars; and, further, that this association has in all respects complied with the law applicable thereto.”

The record discloses that there have been no receipts from the members, other than the annual dues of $5 for each member; in other words, nothing has been received or raised by way of “subscription.”

[1][2] The question to be determined under the issues is as to whether or not the plaintiff has complied with the conditions precedent or requirements resting upon it before it is entitled to an appropriation. It is the contention of the appellee that the plaintiff has failed in said requirements, in that it charges for yearly dues the sum of $5, while the statutory requirement of $1 is mandatory, and that the plaintiff has raised nothing by way of “subscription,” but only by its requirement of the payment of excessive “dues.” It will be observed, by the provisions of section 2930, that the plaintiff is entitled to an appropriation only “when articles of incorporation have been filed as provided by this chapter.” It will also be observed that section 2926 of the Code provides:

“Such articles of incorporation shall be as follows: * * * Article 4. The yearly dues of the members of this corporation shall be one dollar.”

It is the contention of the appellee that the aforesaid provisions of section 2926 of the Code are mandatory, while the appellant contends that said provisions are only directory. It is the contention of the appellant that the word “subscription” in section 2930 of the Code is synonymous with “dues,” or that it is immaterial how the money is raised from among the members, while the appellee contends that the appellant is not entitled to relief when there is no money raised other than by the payment of excessive “yearly dues.” The appellant argues that article 4 of section 2926 of the Code is a mere form of guidance in the drawing of the articles of incorporation. It will be observed, however, that the specification therein is not that the yearly dues of the members of the corporation shall not be less than $1, neither is the amount left blank to be filled in by whatever amount might be agreed upon; but it states in plain and unambiguous language: “The yearly dues of the members of this...