Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-10-06
The Mutual Insurance Co. Case.

Edwards ct al agt. John c. Mckelden ct al
motion to auash the indictments. After giving
a full statement OF the case, he considers the
question-firSt, whetherS the REALTORS have a
right to ION in one Tt and rect9g
these REALTORS has any legal interest in the office
Of the Others his right must be purely several
His title stands upon its own separate basis OF
election, and whatever emoluments and advan-
tages are incident to it enure to him separately,
and not jointly with the others. The interests
OF all may be similar but they are not In any
sense common" He does not dispose of the
case on this technical ground, but considers
the question whether the REALTORS appear to
have title to the OFFICES into which they seek to
be indicted. The objection is that the petition
does not show afflrmatively good title, and
the ground OF this objection Is that the meet
lngs at which they pretended to have been
elected had no legal capacity, being wholly
OF the company. He then quotes the
TO the election of managers, requiring two
is that the time for holding the annual meeting
being fixed for the Sd Monday OF January, the
members have that notice. But 1t Is to be OBJ
place as well as the time of the election, and the
notice they are said to have by the bylaws re-
iates only to the time. The opinion concludes:
1t may be added that when the legislature has
indicated what shall be proper length of
notice when the members OF a company are
called upon to choose their governing officers,
IL lS HOT LOf LNS COuf Us W ueUeFIlDe WQdU CQar-
ter period serves the same purpose and accom-
plishes the policy of giving notice The object OF
providing notice OF meetings at which managers
are to be chosen is not merely that the electors
may have that information in time to be pres
ent, but that they shall have due opportunity
for inquiry and elaboration as to their choice
before they go to the meeting. 1t might be prob
able that every one of the corporatorS should
be present even upon a single days warning;
but it is not only possible, but extremely DOS
slble that most OF them would, in such case,
6neP rights as electors Without due
allowance of Time for this kind of preparation
must be made, and what shall be a sufficient
allowance is, In its nature nit subject for
legislation not for judicial determination. And
when the time allowed by the legislature has
not been given it is almost legal inference
that the electors are not prepared for these
duties. The principle which has been appealed
to that provision Is to be treated as directory
OF mandatory according to the requirements
Of justice would, therefore, compel us to
hold that special proXlson for notice IS
defeat combinations to insure Information
concerning the candidates for election,
In word, to secure and protect the rights OF
all the members OF a corporation justice re-
quires that they should have all the notice
which the law has provided and that the provi-
sion for that notice should be held to be man
datory. These conclusions are not only sup
ported by general principles, but established by
authority. Here number Of cases are cited.l
lnasmuch then as only ten days. instead OF two
IL,
1879, was given, we hold that the meeting
which convened on that day had no legal
capacity to enter upon an election of managers;
and that it did not acquire capacity by adjourn
ing to later day. II the corporators did not
have proper notice OF the original meeting, they
did not have proper notice Of its continuance.
All OF these meetings were equally invalid and
were Incapable to hold an election. 1t is shown
by the petition which discloses these facts that
the REALTORS have no title to the offices into
which they seek by the writ to be Indicted, and
the writ must be quashed.
THE FIRE COMMISSIONERS AND THE DISMISSED
FIREMEN are the subjects of an article In the
National Republican this morning, based on
anonymous communications ''none Of which
are admissible, y 1t says, ''as no name accompa-
MES Them" and then deliberately states the
rather Inconsistent. These ampushed CORES,
pondents 1--WE quote from the Republican, "com-
plain OF the unjust treatment of the dismissed
tiremen of Truck Company B, who shared Com
OF the action of the Commissioners and the as
saults OF the STAR SINCE contending that the
ofense was trivial and the punishment unreal
sonably severe. 1t Is intImated in one of these
communications that the case will be reopened
and Investigated by Commissioner w. B. Reed,
giving the accused fair hearing, which will re-
wardness OF this casewill bereached and promul-
gated" This hope is reasonable, and all good
men and true can join In 1t, but the true In
Wardness will not come from anonymous scrib-
blers but through the courts. The Fire Com
misstoners are doubtless perfectly willing to
abide judicial inquiry, which will develop
whether the men were treated unjustly, or
community prompted the board. The STAR
has not only not assaulted the dismissed men,
but has been very careful of them in dealing with
Reaa ao Sase b Is hady probable Ss that Mr.
tage over him as would be afforded by his
championship of the cause Of these men even if
he had the power alone and single handed to
u0 ho6
better leave 1t to the courts to give them fair
hearing. The Republican says:-"Many people
are led to wonder what the horse and carriage
CINE house when the town is full of boarding
stables, where horses and carriages are accom-
modated without numbering our public build
calamity" 1t may lessen the wonder of these
good people to be informed that Mr.. Hume had
been using his horse and carriage for the COM
fort and convenience of the city's visitors, the
delegates to the national convention of fire
engineers, so that this was a case of private
property used for public purposes instead of
public property used for private purposes. The
Republican closes It's wonders thus:-"Others
wonder still more at the defiant and insulting
manner with which the president of the board
OF FIRE commissioners treats the legal action of
verdict seems to be that the president of the
board should be relegated to private life
for tyrannical arrogance toward the Secre-
tary Of the Interior that is uncomfortable"
intelligence OF its readers when 1t prints such
stuff as this. What has the president of the
fire board to do with the Secretary of the In
terror, or vice versa? The question pending is
as to the legality Of Mr.. Reeds appointment as
ire commissioner, question which most GER
tainly the present fire board has nothing to do
with. 1t does not prescribe the qualifications
OF It's members, and cannot judge of those quail
1hcatt0ns. 1t Is the creature of the District
Commissioners, to perform certain duties pre-
scr1bed by law, has no judicial authority, and
therefore nothing more to do with the points
involved In this case thau the late lamented
Board Of Health.
FIRE.-Early yesterday morning the carpen-
ter shop OF Mr.. Geo. w. Calvert on sth street,
opposite the Post Office department, took fire
from some unknown cause and was damaged
to the extent Of 5000.
REPLEvIN FOR TRUNKS HELD BY HOTEL KEEP
ERs.-On Saturday Messrs. Cook and Cole en-
tered repleyfn suit against Messrs. Tenney &
crosby, OF the National hotel, for two trunks
and other articles claimed by j: n. T. Oren-
dorf, which they hold as security for an unpaid
bill. There is on the calendar similar suit by
a Mrs. Orendorf against the same parties.
MARRIAGE LICENSES have been issued to W,
Nelson Worron and Mary Lizzie Burnley; E. Kei-
fer and Mary A. Cole, both Of Savage, Nd;
John a. Childress and Sarah E. Lee both OF
Mine Run, Orange county, Va; John Morris
kibble and Cora Eugen1a McGtll (of lansing
burg, n. Y.;) Archibald Campbell and Elizabeth
Winters; John H. Burdett and Laura w. Throop;
Tn11