New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-02-11

JUDGE BARRETT HOLDS TO CONTINUE H.
uAv FEATURES OF THE pfcIslo>-A SUIT ~
TQuY TIE Only ErpM $ roE TIN rAINIII
-C,rur>Ts OF POLITICIANS.
On the last day OF last year / Il new mem
hcls of TIE ialnulny Soccb were erct'd. Hubert O.
Tuulupton. an old mcmhcI claiming That il> election
wns irrceuar brought action 10 restrain the militia
ton Cd. tl,s, members. \ temporary injunction prc-
yrui,i jE niI.tru for the luc, aud tAo cas- came
b fore Isd-r Barrett motion 90 continue tie ia
junction Ate. some delay Judge Barrett las flrG MS
,puiou su-tl uue lie plaintiffs views ana continuing
The luiu,rt The n points cn which the IlalniE
rested hl' tie secretary il calling the meeting Tor
Drccr.o, 81 had published his notice IN an obscure
trade rao,r II plac, " HE two newspapers in winch
such uoces wcrr ordinarily advertised and had taken
dyaullct Of The phrase Ia the bylaw. hall an hour
after the setting ~ the SUI. generally understood to hc
1880 D. 10. To- holl the meeting az $50 y. M both
cuuago. beng intended to Keep away members consul
rr-i hrslc certain interests and 10 prevent their
De- stiug the election Of the members There were
other grounds of the coupl mt which nave been already
reported TpE IEBr aud were contrddictcd by ihr
fence hut 20 against these the defence That there
had been literal compliance With the 10y laws, and No
custom could alter % clear aad dSuuct bylaw.
judge Barrett i'm his opinion says: There can he no
doubt about the q It clearly appears
uat the paui requested The secretary, MI Stevens,
90 notify HIM ~ meetings which might be called.
81 tn the request was CObpued WIN hu' u The pres
!
| the opposite extreme OF calling the needing III an
unusual manner, advertising II in an obscure sheet,
! winch can tIcciy DE called newspaper aud then
holding It long before Ia" customary hour one "ouli
he Oui0or indeed Who upon tie 'aciS e'cnlrd Id h"'
/ deliberate deprive the ptaUlu
rirh to attend and Indeed. Mr. stevens nowhere
dcnrs that snci. was ls purpose. lie simply shields
nmstif H~ind the Constitution and by-,~s declares
i've formally compd . herewith. and int lac al"uc
! IA rrAponsibie Tor the methods adopted. mus
tne iraud upon thr plaintiff was two-iod: frSl IA dd
rtlnt WltI intent MOI To uoiiIy second H. proceed
u. before the u,tomary nour with intent 20 provide
ac inst he possible acCIdcn, Of rOuCc. Public
no Zee ~ hls meeting was not given even IN one ucWS
paper. The Mercantile JOWHGt is not rwNpapcr III
| sense wnIch that woru Is used ~ the bylaw.
Farther tn ing ct ned cat nalr an hour af ct
tn setting o' The 81 b. G use iha pHIaHc'H"u''SS to
secure precision AID .oc general convenience. has
acquired definite meant gby the resolution aHd Gus
tom Of tne society and t"ei' Is no pre'nGe OF c"mF-
ance with such corporate Interpretation. Even II mere
| fraud would Nitiatc t act.
Judcc Barrett tarn comP,rrS ms publication of tho
notice with tic service o. Process In suits where every
thns was do1c IN strict compli1uc WIZ law yer Some
fraud connected with the service vated the process He
forue of corporate bylaw has grca' e force and sien
inau compliance IN con az Justice WIN thc laws
Of ani that thu ETY. whose officer has mao" U.s.
~ ihr %, law for the purp's not disavOwcd. or deufV
ny the plAht Fl. uaOlr TO no law, and th2l the
member So wong q can have no redress. These are
bold and We must be permitted To say original views.
I - are uusI~aIued bv re lson, unsuppnrCG ~ author
! ty and abhorrrnt TO our Sruse of justice. strc.
nj or nee 10 the bylaw, So far from ab~ouc-
| Is concluding all 'altcs. N under certain circGu-
,2ncr' POINT 4,nte e,TiH IN Ine W, tt .
have sd about the RICH, al the secretary I" choose THE
ucwsp per NEWSPAPERS. ana 10 vary the N,lt"- az
puhcat on, Is al well enough or That 'igll there Is
no QueSnon. But II mu-t b. in.ly exercised ne III,
If ccuf abuse 81 disc elton. In the case nj Ia 7uch
Aims. l. mi tanli,hcd AMI substantially uudi.pu,d
T.IS amounts IN law t. fraud upon tBc piahuH Tor
Waich ur J. cutlIrd Go redress
Nj ~ vrss act T. thCn considered, the Jud-" lUliug
hat IL. Nj sauthori7cd secretary. and tho
iamue- OF Ia AZ" ting OF Decrnnrr u were npmoNcd
c,rocd 10 BE- that the su,c'y Judge Barrett then
,srs nj length the technical question whether This
J.
resort 10 proceeding lN quo "auan0 81 some 1thcr
Irgal pr Gee Ding VI, holds quo warrinto aford-
no ADEQUATE reIneoy rs iuuc ion ncing TO dec DE he
tween rival ciu ans 60 franchise or ,h,e aud la TINS
y wrt '' que nid cci, useless a. before
IL could ue n AID TOO l47 would ho Initiated and would
have No.cd, The o.j,c. col iis sull Oths - urrNch
,r vutlu-. To hood quo Walrtnto the only form OF
prucrcdiu would ac, ~ the power ~ tAo secretary
.. auy corpJl,uoI, Sm"y uy u r,p'uuon 81 = llIr
Performances tie eve oi cv. ~ election o. officers
10 70 rprtuatc sc luaHatcneut I'M sAit Ia rlnit IS
trciore the ony rem dy for the pHn'in. aud
sucnt - Individual aud personal Nlr sroud hc
nave, skc ihc dccuio.t Go tnr sult for BIN. Tine
nor ~ tnc 90 ,r ,n,orrs = ms. and II il sacred ana
luyiui. bic .or io The Wv T"Ui oi mrh r,hIV
N'i. tu. OF lie n'dacjon with costs, aud he Dc
fcLda4is motion 10 SINK out suoI be uthlru VIM
COSTS. I.ouas Ai.!,ou aud John n l"rtrr a"PtT'd
i.r p.anta; NJ. N.udcru'c. James {. Spencer In
j. Towns, % "n' i. + N"dcr''cr Tor Toe defendant
CoMM-NI, ON IRE DECISION.
,d,.i,oa OF Judo Barrett created Lizzie talk
among IAc IaHm.u5 ANA Aut-TimmJuy politicians
,,sl,r..y thou d 10 Was unexpected by The former
. .uo,!, .-c thar appeal, would be taken no matter
which Wa, the decision turned and that inc cars"
would PROBABLY De- Lcut lu tue courts uuh AFTER the
,..c..o. ~ APRIL. WIS doun less thr main reason
C..ir,lcr Kills stGci 10 IHlEJNL lcp'U,r
...Iau ap.,a. would h. taken FROM Jd.-e Baiftii r.
a,rl,ou. l.i hc thought q would be- decided ~ a..
a., rfI lr.I b,i.tr t4c election ~ Aprl, tAou-u a.
w.uo . h. dRprcuc" DO tIr result 81 90. election
l1rufu, and c.ud uo possibly carry vac ,r,I.'". Nl
* g., We. .uutvI,t surprised "a the d'c''""' rs 90