New-York tribune., 1879-03-27
THE INJUNCTION AGAINST 1AMMANY
ARGUMENT ON THE APPEAL.

REVIEWING JUDGE BARRErrS DECISION RESTRAIN
ING TIE TAMMANY SOCIETY FROM INITIATING
147 NEW MEMBERS.
The appeal from the decision of Judge
Barrett restraining tho Tammany Society from nitat-
ing the l47 members elected December 81 1878,
was argued before Judges Ingalls, Potter and Daniels
In Supreme Court General Term, yesterday Hubert o.
Thompson, the plaintiff not in court but MANY
politicians OF the Tammany and Anti-Iammany wings
OF the Democratic party were present Ex-Judgc John
h Porter and Thomas Allison appeared Tor Mr. Ihomp-
son; A. ]. Yanderpoel. exJldge James e. Spencer
John D. Townsend and f. F. yanderveer for the Tam
many Society.
Mr.. VanderpOel in opening the argument reviewed
the previous history Of the case He said that 1t was
simply controversy instituted by the outs against
the ins" and in every such that had hitherto
como before the courts the "Outs had failed t. get
the Injunction which they sought N the panacea for
their Ills The was because tae remedy must be
sought IN other form. No case could be found IN
which an Injunction had been granted against corpo-
ration To restrain il in the exercise of its corporate
functions such would be tho effect OF the injunction
now sought. As 10 the legality of the notice Of the
meeting the society at which the lat members were
elected, Section 2, chapter g., OF the bylaws was
cited hy which was provided that an meetings 10 De
legal he called either by open motion III te society
or by the authority OF tho Grand Sdchenl,
with tue consent Of at least four OF the Council OF
Sacnems fhis meeting was calea IN pursuance Oh tni
bylaw aud was held by thirty persons, only thirteen
bslug necessary FOR quorum. Inc nOtlce was pun
iished III The Mercantile JOuTnaI weekly newspaper.
There nothing IN the ease 10 show that there was
newspaper published 10 New-IOrE which had better
circulation. This meeting YVES hed in pursuance OF "A
regular call and the acts must be binding upon tc cor
poratcrs. court Of equity, MT Nahdefpoel Iurtnc'
commended had jurisdiction III thus case NO authorl-
tps could be- cited In which court OF equliy had
granted injunction IN an action the OoIec oI "ihci
was TO test the title Ia office OF the legality OF au
election. The party had his complete remedy at law
Tne stood u the same position as II person were
elected am officer OF the Tammany Society. and fraud
Was alleged his election The remedy 10 test MS ute
| TO tue Office would be quo warranio.
Although Mr. Vandcrpocl hal shown considerable
warmth IN his dlscussiOD there was fully as ipuch III
the speech OF cX-Jldge Porter, which followed Inc
plaintiffs right notice Of meetings. he sad, ana 10
vote and be heard tile question of admitting mem
bers was d common law right incident 10 his member
snip The function Of bylaw vas simply to regulate
this rightlt could not destroy ". Yet they were
guyey told in this that because bylaw required
publication of notice or more Of the newspapers
more, il followed that the secretary was NJ hptfy u
suppress notice in dld Of has fraudulent purpose
by selecting PAPER which In No Just sense cOuu 1t
called nr spaper The Mercantile Journal was trade
p9per published 10 DO gwen away by advertisers ahu
| not on sale.
These I47 persons not, either he iurc or de aeto
members. There three prerequisites 10 meb.oer
ship the sOcIetya pro pOsai vote, ana an Ihdion
These successive steps were TO be taken AT separate
meetings. In this case, by rau1uIent senemo tnes'
persons were voted on at meeting called WIN the I
tcution OF concealing 10 from the FlahtH auu prevent
| ing hIm being heard aud from voting Ihus ti'
effect OF the BY law enabling votes III 10 10 ,9 u9
feat the election OF candidate having been avoided
the society proposed TO adopt tue fraud and take th'
next and iinal step necessary TO complete te scIeh'
and make these persons members by initiating the III
| AT present the fraudulent scLeIne was mennonite.
,his Injunction was continued IL would become con
summated, and these persons who ns yet hau not &c
uured the color OF right 10 membership wOuo Decoh
members and be enabled vote at the Apri election
the interest OF the officers controlling the society
| Decision was reserved.