Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-04-28
PTUS NINTH SOCIETY.

6AIG
The Answer to the McManus Party-Try-
ing to Agree on the Facts and Wade In
on the Law.
The case of the State OK rel the Plus
Ninth Catholic benevolent society against
R. w. Bell, late secretary, Thomas
Conway, late treasurer, and P. 81.
Drum. late chairman of the board of direc-
tors of the society, came before Judge
Wilkin yesterday afternoon on motion to
show cause why writ of mandamus should
not be granted compelling the late officers of
the society to deliver the books, money and
other property belonging to the society now
In their possession. The motion was heard
at the chambers, Mr.. VIM. Louis Kelly
appearing in behalf of the relator, and Mr..
j. J. Egan representing the interests of
the other faction.
The case was opened by Mr.. Egan, who
read the allegations of the complaint, full
issue of the GLOBE. Mr.. Egan then read
the answer to the complaint, which denied
the allegation of the society being q corpor-
alton existing under the general laws of the
State, owing to defect in the bylaws, but
that the society was organized solely for
benevolent purposes and to foster spirit of
brotherly love. The answer denies that any
sum in excess Of 1856 has ever been in the
hands of the society, and that such sum has
been under the control of the directors, and
is represented by q certificate of deposit for
$500, and shares of stock in the Home
Building society amounting to 1886.
That there is no sum at present in the
hands of said Conway, treasurer, save four
and one-half dollars that all sums of money
coming into his hands have been duly &C
counted for; they deny that the hall corner
of Third and Cedar street was the place of
meeting on April 1st, 1880, but that previous
to that time the place Of meeting was duly
and regularly changed to the corner of Sew
enth and jackson streets defendants allege
that they have always faithfully and honest
ly discharged the duties of their respective
offices and that they attended regular
meeting of the society on the first Thursday
in April, 1880. They deny that any valid
meeting was held on the above date other
than the one alluded to. They deny the al
legation that they ever deceived any of the
members or falsely summoned them to any
of the meetings. They deny the passage of
any resolution or act of the society vacating
or removing them from their respective
offices.
They deny that Patrick McManus is act
ing president of the society, but allege that
he refused to serve in such capacity; they
admit the allegation regarding the possession
of the books and allege that in retaining
said property they are acting in accordance
with the bylaws of the society. They al
lege that they are the legal organization
known as the Plus Ninth society, and that
respondents have always acted in obedience
to the rules of said society. They allege
that the proceedings are wholly unwarrant-
ed and that they have been commenced for
the purpose of sundering and disorganizing
the society.
The following is attached to the answer
and bears the names of over eighty mem
bers of the society:
We, the undersigned, members of Plus Ninth
Benevolent society, hereby state that we adhere
to said society as organized and existing the 22d
day of April, 1880, with R. W. Bell as secretary,
Thomas @. Conway as treasurer and P. 81.
Drum IS chairman of the board of directors,
against whom certain proceedings have been
com menced in the district court of Ramsey
county, and that said officers have acted in
good faith, obeying the rules and regulations
of said organization and the duties imposed
upon them at regular meeting held April LIST,
1880. and as such we have full confidence in
their integrity and fidelity, and that each and
all of us, confidently and in good faith, believe
in the regularity and legality of all our pro-
ceedings and that we believe we constitute
the organization known as the Plus Ninth Be-
uevolent society, and as such organization
Messrs. Bell, Conway and Drum have discharged
and are discharging the duties imposed on
them by the bylaws of said society.
Upon concluding the reading Of the an
swer Mr.. Egan addressed the court, COM
mencing by referring to the allegations of
the complainant, in abiding to which he
said that it was patent that the suit was COM
menced for the purpose of trying the right
to Office and that mandamus was not the
proper course of procedure. He concluded
with the remark that if the relator had
wanted the books be should have resorted to
an action in repltv
Mr.. Kelly followed by abiding to the an
swer, which he said raised some very impor-
tant questions, some of which involved the
existence of the society. The speaker said
that in view of the complex character of the
case it might be we'll for himself and Mr..
Egan to agree upon the facts and then ar
que the points at issue. Mr.. Egan said that
he represented large number of persons
and that they we're anxious for decision.
After a short consultation the case was left
open until 10 o'clock tomorrow morning, in
order to allow counsel an opportunity of
agreeing upon the facts.