The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-24
THE METHODIST MIDDLE IN THE COURTS.


Lnnuhan Laid LOw-The Doctor Does Not
Get q Mandamus, but Does Get Quietas.
The application OF Dr. Lanahan for a mandamus
compelling the Methodist Book Concern, through its
agent DR.. Carlton to allow him full and free exam
ination of its books and accounts. decided yes
terday by Judge Barnard in the Supreme Court
Chambers before whom the application was made.
The Judge refused to grant the mandamus, and IN
defence Of his denial presented very deliberately
written opinion. He goes over the whole ground,
exnausting every branch Of the subject. 1t is
necessary to recapituate the facts as they have
already been fully given IN the HERALD The Judges
conclusions, however, can be briefly told. His first
conclusion IL that Dr. Lanahan failed to show such
refusal on the part OF DR.. Carlton to examine the
books or account as entitled him to the writ.
DR.. Lanahan was not satisfied with the kind OF
examination allowed him. He (the Judge) saw
no necessity Tor the examination. Dr. Lanahan
made mis- first application. alleging that he wished TO
determine If any OF the properly OF the Concern
turned from former agents TO the presen one,
and the next one on the ground Of the Goodenough
suit. 1t was a matter OF regret that DR.. Lanahan
had not sought an explanation from the proper OH
GERS OF the Concern before making such nasty.
reckless and damaging charges. In his view these
charges are not only unsupported by evidence but
are signally and overwhelmingly reIuted and over
thrown He further concludes that Dr. Lanahan IS
hostile to Dr. Carlton and the best interests Of the
Book Concern. lie circulated and endorsed as true
false and scandaious editorial article In the New
York TINS in reference to the Book Concern and
u.
ton IN denying the same. He was surprised that
DR.. Lanahan did not make the examination first
and then the charge. He charges, without evidence,
Goodenough with robbery, and when challenged TO
present proof OF them says ne cannot do 80 unless
permitted TO examine books aud papers he had
never seen, and this, too after he ana his account
ant had been ten weeks examining the books Now
he seeks to 60 through the books ana papers again
the hope OF finding evidence TO suDstantate his
charges. This The Judge pronounces sort or fishing
for evidence not allowed by the Jaw. In reference
to the statute OF incorporation he neld That the Leg
slature du not Intend TO place the agent ana assist
agent above tine Conference that appointed them
BY common usage the assistant Is subordinate TO
the agent SO says DR.. Carlton, SO say the Book
Comnitte e so SAYS the Book OF Discipline, and no
| one says TO the contrary except Dr. Lananan He
decides that the latter III his official position Is under
the contro OF Dr. Carlton and accordingly that DR..
Lanahan mas no right 90 ans books or papers which
| Dr. Carlton or the Book Committee do not v0unta-
rily furnish him with. He rules further that mas
! much as DR.. Lanahan has been suspended as
| agent by the Book Committee he has power
authority suca and That If the writ should issue
1t would be nugatory In It's effect. Ii he mad the
least doubt upon the question he would direct the
TO issue. but he had none, and further, accord
Ing to his hinklng, 1t was lime this controversy
ended AS carried IL brought into scandal and dis
grace net only the Book Concern but the Church
II divided against itself, and IL came from high
authority that uness this division cease the Book
Concern would not stand.