The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-05-02

THE NATIONAL THEOLOGICAL INSTITUTE IN
CoURT.-On Thursday Mcssrs. Riddle and Car.
Gillette and others against A. d. Fulton and
others, defendants, claiming to exercise the
powers and rights conferred by acts Of Con-
grsss MAY 10, isoS, Snd March 2 lsSI upon
Theological Institute and University, the OBJ.
Jcct OF which was to restrain the defendants
from the further use Of the corporate name,
books, papers, and funds, and that the said
books, papers, and funds be returned to the
plaintiffs, and from all interference of every
kind with the said corporation in the legitl-
ers, and functions, and from all elections for
officers, and from the exercise OF any office or
omees under said Incorporation, and that a
provisional order restraining them as above be
The parties to this suit are A, D. Gillette,
John 3, Polera Joseph q. Lewis. wm. 7. John
P Pow af W Ta'1s Sssa.' MGfs e.
George NJ. Condron, Lindsey Muse, $. Alex;
andef, 9. Leonard, George +. Mcclellan. and
Is, Crisssy, so%plsinsnts, and Z D. Fulton,
e: F. Warren, Wv Gamer. R; v; Neale,
Henry Beard, z. II; Gray. and J. W. Parker, OF
The bill Of the compiainants sets forth that
the corporation was regularly organized 10
pursuance to the acts recitedi that the insti.
| tute was established here, and that among
other things done the Executive Committee
| passed q resolution that Z. Turney, J q.
Lewis, and o. II. Morse be appointed COM
nna tSsw rsse I'VE more Than
VI, 900 they were to invest It In United states
bonds; that through the Freedmen's Bureau
the committee received 90, 900 which they To-
on condition that the bank should safely keep
them and not deliver them except upon the
order OF three Of the four persons whose names
Morse, and z. Richards, treasurer, and that the
| treasurer was not authorized to receive SAID
| bonds except upon the order OF two members
| Of the committee, and the orators charge thai
| defendants, or some OF them, In March. 1867
assembled in Newark, N. J., and without au
| thority of tho constitution and bylaws Of sale
board OF managers, and when no quorum wal
| present, without authority, and In controver
sion OF the constitution, SC, appointed al
annual meeting to be held at Boston, May ]
ls67j that said meeting was held,at which they
assumed to appoint q president, vice; president
Sc, and nine out OF fourteen OF the Executive
Committee, residents OF Boston, permittinl
them to continue their residence IN that city
| which IL incon sistcnt with the letter and splri
OF the act OF Congress.
1t further charges that after the said illega
organization, the treasurer, 5. W. CONFUSE
went to the said bank, Withdrew the sal,
bonds and removed them to Boston, excep
one, which was sold and the amount placed Il
the credit OF u. Richards; and further charg,
moved the books and papers to Boston, an
assumed to remove the teachers; that the
continue 10 assume TO corporate name, &C
The compliments, among other reasons give
why the Boston meeting was Illegal, state tn a
rs object was to obtain control Of the book
and papers, remove the teachers, and transie
its centre OF operations to Boston, &c.
The marshal on Thursday served subpuea
on the defendants, and a copy OF the tollowin
order Of the court Professionally rcstrainin
them on the president, J. ID. Fulton; "Gillett
ct al. Va. Fulton ct AL Be 1t known that, o
on the 3Oth day Of April, 1865, on motion G
Messrs, Riddle and Darlington, solicitors 10
the plaintiffs, prcdicated upon the sworn bill
aud exhibits to the court produced, II Is ordere
that the defendants be each and all o thom, an
they are hereby restrained under the penalt
, OF being In contempt of this court, from tn
: use and exercise OF each and every corporal
power, right and function granted or permitte
by act OF Congress to incorporate the Nation'
Theological Institute, approved May 10, ls5
agd the act amcndatory thereof, approve
| I'Jsrch 2, 1867, and also from interfering In M
M amer with the use and exercise OF said co
nor, e powers and functions by the complai
ppots I'd from the election of corporate of
ears and he exercise Of corporate offices und,
soi5 acts. AID from the use OF the corporal
S"nds and boo Ks, they and their associates AT
aaants AZ praye,t for In said bill; and that the
s5ne,r before this court on the llth day
NAV proximo, at 10 q. IN and show cause WI
| an Injunction should not issue ana contint
. until the final hearing OF this cause as prayt
for in said BILL and that they be served with
copy hereof. n o,,s Justicc
(Signed) A n pL.s, us''S ~,
/ The Bill 10 sworn to By J. U. Lewis, h. Tu
| pey and W. i. Nelson.