The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-29
1ANNANY AND ITS BRAVES.
The Injunction Argument Brought to
a Conclusion.
TRADE AND DAILY JOURNALS
Is the Secretary OF Tammany
Legally Sustained?

The argument in the Tammany injunction case
| resumed yesterday in the Supreme Court
Chambers, before Judge Barrett The attendance of
| auditors was large the previous day, but
| there was falling off in the number of prominent
sachems. Very few Of these gentlemen were pres
ent. and the only member of Tanmany who listened
to the argument from its inception to its close was
| Grand Sachen Schell.
| Mr.. Aaron vanderpoel, who, with Mr.. John d.
| Townsend appeared for the Tammany Society.
| opened the proceedings of the day by argument
| in the course of which he said that this an in
junction asked for by the "outs' against the ems
| and that it within his recollection the
| third fourth time that such attempt
hal been made by the 'outs" but every time. far
as he was aware. they had failed The learned coun.
| sci the other side (Mr. Alson in his speech
the previous day. had quoted many authorities. but
failed to show that injunction had been successful
in cases like that before the Court. The remedy
had been sought by the plaintiff by he ventured to
| say, wrong method The old common law remedy
of quo warranto the mode that the plaintiff
should have TAKEN and not appeal to a court
| of equity. He would venture to say that
precedent could be found in which the courts had in
terfered for the purpose of controlling election
| the exercise Of the franchise Of corporation. An
officers right, the law said. should not be tried by
injunction. The had said that the remedy Of
those who contested the right of election only
| by quo warranto. Great stress had been laid by
counsel upon the violation Of the bylaw but there
such bylaw of the society that set forth IN
/ the complaint. He said that he would make the
| point that If the bylaws had been com.
| piled with there could have been no fraud
perpetrated upon any member. Parties who joined
the society entered into an agreement to abide by
| those bylaws, which were much binding upon
them as though they had been written on the char
ter and entitled to the respect by all judi
/ cial tribunals.
| WHAT Is A NEWSPAPER?
The bylaws say that the secretary shall select
newspaper and il that is done the bylaw complied
WITH for that is all the notice the society had agreed
! to give His Honor Judge Barrett might perhaps
| think that the HERALD was good paper for such
notice appear in but did His Honor udiciay know
| that the HERALD had any circulation than the
trade journal in which the notice Of this meeting
| published,
| The Court-Mr. vanderpoel does your proposition
go far this that if it the object of the
tary to deprive the plaintiff Of knowledge Of the
| tice of the meeting. it was good notice long
! the bylaw complied with?
Mr.. vanderpoel-It does. do most squarely say
| that say that the bylaw enabled him to do that
| and that he legally justified in doing. The
| plaintiff says in his complaint that he had no
| notice; there special notice to him.
1 The bylaws did not require individual notice
to him. If election held in the State notice
of it appeared frequently in journal in
obscure county, but that fact would not sufcient
for 8 citizen who had been deprived Of the oppor-
tunity Of casting his ballot by not having that
| notice to come into court and ask for the en-
| joining of the person elected from taking his
| seat There was no stipulation in the bylaws
| that the notice of the meeting Of the
Tammany Society should be published in q political
journal; there reason that the advertisements
should not appear in mercantile journal 1t might
ish the notice in for he said it was an independent
journal. with democratic proclivities. But whore
was secretary draw the line in this newspaper
businessg 1t could only be drawn where the bylaws
required that it should be published in one news
paper and when the officer Of the society had pub.
lished that notice there no fraud upon the
| ciety.
| about the newspapers. Mr.. vanderpoel. The ques-
| ton really is Did the secretary intend to de-
prve the plaintiff Of the knowledge of the notice Of
bylaw and your proposition is that that Is legal
compliance, there is end of it. And the next ques
ton Is, Did he intend TO do that. and did he intend
| to perpetrxte that fraudg
Mr.. vanderpoe then went to refer to the allegs-
ton in the complaint. that it had been the custom
the usage for advertisements of the holding of the
meeting of Tammany Society to appear In two par
the custom. He then quoted large number of cases
to show that the plaintiff should have proceeded by
| quo warranto, and concluded by asking for dis
| missal of the injunction on that ground
| ASrfrAMMANY's REILLY.
| After recess
half of the plaintiff and said that he would answer
first some statements made by Mr. vanderpoel in ref
erence to tho franchise Of the plaintiff 1t WAS not
of the members of the society it was the initiation
of men who had been elected to membership By
fraud. He quoted largely from "Field on Corpora
tons to show that courts of equity had = right
interfere with the actions of corporation:
| the rights Of of its members.
| The piaintir was entitled to an injunction
in order vindcstc his right TO the franchise. The
plaintiff had property rights this question. The
society held real and personal estate; 1t chart.
table Organization with large funds. and the
plaintiff injured by the society through it's
tsry? He was glad to learn that the call was rcgu.
had properly dischareed his duty but that the sec.
rotary had exercised discretion aud had said in eff
feet IL desired to give the notice of this meeting in
obscure paper in journal l had never
| advertised in before and had advertised in
since The secretary said that he would take the
| responsibility. Well, he might; but that did not
take the responsibility of his acts from the society
Mr. vandcrpocl had said that the bylaw had been
complied with and that II the secretary intended to
deceive still his compliance with the bylaw legally
sustained his scticn.
| SERVING A SUMMONS.
That reminded him of the before Judge Pot.
ter. quoted. he thought in the "fourth Of Abbott"
in which husband desired his wife to take trip to
California tor the benefit of her health. He asked
her TO take box AS present to her mother, and ID
the box was letter addressed to herself. but which
she not to open until she arrived at the end Of
her journey. But that box did hot remain unopened
until it got to California. womans curiosity was
too strong; when she on the high seas the wife
| opened that box and read that letter. IL proved
| 10 DO a complaint in divorce suit. and Q
| summons for her appearance in court. The hus.
| band however, had obtained the divorce when she
returned and Judge Potter. not having had the BEN
eht of his friends Mr. vandcrpoel's) argument.
to the conclusion that that fraudulent service.
Could there be doubt that the intention Of
the secretary. Mr. stevens, in selecting this obscure
trade journal to prevent the notice of the clandes-
tine meeting reaching the eye of the plaintiff! IL
had been proved to have been the practice for more
| than quarter OF century for notices OF these
meetings h. appear in two of the daily jour.
nails of the city, and yet this meeting, which
called for the purpose OF clecing LAT members--ths
largest number that hal been elected at one
meeting during the entire history of the society
when that meeting. important il was, held.
the Grand Sarhem was not there. Sachcm Kelly was
not there; but the secretary. who had pcrpetratet
this fraud. was present and presided. The proceed
| ings only occupied two hours, although il was adj
United that 1000 balls cast In that election
II was held the night of New Years Eve. and with