The Mahnomen Pioneer

The Minnesota supreme court Monday was asked by the state to discharge the writ quo warranto obtained by State Senator George H. Lommen of Eveleth, attacking as illegal and unjustified the purchase of cotton and woolen goods for uniforming the new Minnesota defense force.

The motion by the state, presented by Chester S. Wilson, deputy attorney general, and Geo. B. Sjoselius, assistant attorney general, contended that facts in the senator's petition and writ do not constitute a cause of action, and that the writ was issued "improvidently and without sufficient grounds."

Senator Lommen and Burnquist's aids arranged with Chief Justice Henry M. Gallagher for the senator to submit a reply brief sometime during the week. The court will rule on the question next Saturday.

The supreme court issued the writ of quo warranto, returnable today, after Lommen charged in his petition that establishment of the defense force should have been left for the legislature and that purchase of material for uniforms without competitive bidding was illegal.

Lommen's petition was directed against Leslie M. Graylin, state commissioner of administration, and state Auditor Stafford King, who, he claimed failed to comply with the law in declaring an emergency and purchasing the goods on the open market.

Subsequent to the declaration of an emergency the state purchased about $80,000 worth of goods. The emergency was declared at the request of Adjutant General Ellard A. Walsh.

—Minneapolis Star