New-York tribune., 1879-01-29
THE TAMMANY ATTRACTION.
SUMMING Up THE CASE.

SUMMING Up TIE CASE.
ARGUMENTS OF 4. J. vANpERPoEL ANp EN-JuDGE
PoRTER-A NICE DISTINCTION ABOUT TUE TINE
OF SUNSET.
The argument of the motion 10 continue the
Injunction against the admission 10 full membership III
the Tammany Society Of The 147 members elected ne
ccmbcr 81 ISIS continued yesterday before Judge
Barrett III supreme Court, Chambers The room was
croyacG Win politicians Of every degree. MT ' ahoei-
pocl III the closing argument for the defence cdtr
that tins was only Of the many disputes be'"een
the ius and in ile society, ana not the hfHl
one in which the had been called on to interfere
lie examined briefly the bylaws aud claimed that all
which had been done strictly In accordance win
them and that the complaint and plaintiffs am
davits themselves showed no departure from them.
The bylaw required the meeting 10 he called nall an
hour after The setting Of the sun The complaint sara
the meeting between and Il. Wen, 1t was sunset
before o'clock in the short December DAYS IL was
.id at ca tom made the set at 7, nut the by
laws were anterior 10 the custom. Inc bN-dW re-
I1Ired thar publication he mate N II, "sp'l"i'
CHEESE gentlemen oGy looked IN 1hr N1F anu AJPf,S
ONLY after the fact did tncy search the othrf daN
papers VINO 30 decide what was a newspaper
GuI .ran;n. tlat all tlt Oh3i % the lHntH were
rre he had wholly mistaken lis remedy. 1hc e'c'ti'
or removal of person rom i'tEiN' lhU>l p' tHtru
l,c.l lITortrdluA. hs ~ ana mus OF quo
"Hd w ,, o ,,,oo no oIScrsSion and IN a case
where membership involved franchise. Is mere. the
same luIr applied curpOrato!> #S 90 officers II the
li' auglI e." ] ~ me- t iui,,,. INTO n, bas = of
~ robt. rus .ar tIcy had .'' dor. ~, and, per
INN. n, yer won DO Tine 1ucct DING WAS, There
fuIc. at least premature The car was tHI'; ihr pdl
M Wl- ar.ud jnat If the BCW ncrlrr~ S"W' In tE"'
,yi vote l-aIust Nh Thompson irt N.dnN SJrci ANA
ne ana his p"r- ASH tht 1u tu prevent lhl~
,,,.slhip vote" MIR. Ndndr:pu cited 70 EuutcF of
i,e, 10 SOW that wnrr. by-.a wa> cXur.-- I,a-c
cund bc sci az AZ n. IL Na, o'N NHtb thr tol,t
ttou aud hy-laVs were silent auhlG's 'udt as .
va> allowed 20 suptlY or luIciultt ihrln.
Affcr recess CNJutgc juhu N. Icltrf icpltd f"r lh'
plaintiff. Hc argued that cdeA IA mixer hat IShis a,
sacred as OF the Crane S,cicu and he was not
bound to uutii tire wong Na> cH Ultimate hN lac
,dul-Slou of illegally rrCtrd m-inb - before @Ci'ng
lAc trauI mere Wa a.mitt,d 1t, hnj II wd~ CaIrd tina
tcc vas published not even 10 the directory oi thls
Np1r Mou4u have been @At To puJii>u lac hO.ct III
"a ~niul>h iaIcrI JuI-r Porte. argued ldt tht pam
meaning aud intent ot tnc bylaw VAS That mo notice
wncre IT would nc unseen. These men, he SAID we've
elected meeting where The CJ.p'riOlN were dis-
frlne ei-cd Iu CONT ia eqIt! Cu'id r'>trt II ud con
t!ol the action of corporation, ANA prevent at the SUIT
lie r-ht an integral par; tf the ltinc4sc.
ana tur IIaIniiT WIS deprived oI II hy Ih' secretary.
NCiincr quo vaf.dutO HOr III .UdJ1uS WOud rtuitNN
mat wrong al no importance thai ne secretary
assumed tnc rcSpon> Ibihty Ihe plaintiff demanded
rights ana state Oi affairs where lc coma assert loSe
rights.
Inc Sachcms we're guilty frlud but they adopted
fraud and wiling 10 proht ~ II.
custom twenty-five years standing was violated 10
carry Half nOur after sunset was Jllt-
half past Z, though III me y-ltws The
meeting WIS closed - tjriurc that hour. The
sacIcms acted in s"u1 iijh. but NAV be got
Tor tytJsrlVer Judge POrter urged III conclusion iHd
me proofs of fraud plain that the HluhcVUh
should be coutinUed thC sake o the society ltsri
subsidiary motion 10 str he out some pdlla oI tHc
conulan; was opposed 10y thc paintlfs counsel as
IL did seriously change the case Decision WAS f.
served