New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-02-01
TIE SUIT OF MIR. LOUBAI.
A PRELIMINARY QUESTION DECIDED.

Of the Union Club, to have MS expulsion from tine
club account OF alleged conduct improper and pref
judicial the club" declared void, Mr. Leroy was ex-
amned few weeks agoas witness In behalf OF the
pIalutR before trial On the examination Mr.. Leroy
was asked number OF questions by Mr.. Choate. Mr.
LOubats counsel the object OF which was 10 ascertain
what was tho particular conduct the part OF Mr..
Loubat which induced Mr. Leroy TO vote for his expnl
sion Mr.. Leroy also asked whether the Governing
Commit &c nal decided what Mr. LOubats Objectionable
conduct consisted in. Objections were taken to these
questions and and objections were refer
rcd Justice Van Worst. who yesterday handed down
decision I'm which he the objections The action
Of the Governing Committee he holds should be shown
by the minutes OF their prOcee ings and not
by the opinion OF q witness what the committees
action was based Mr.. Leroy could not be asked TO
state the motives which decided his vote any more than
Judge or Juror could be asked the reasons which had
determined his decision. Justice Van Worst OVerrules
the objection taken 10 the question put to Mr. Leroy as
whether the live eating Committee had sent
any communication to MI Loubat except the letter set
forth in the complaint the ground that It Involved
the question ,Od faith the part OF the committee
The opinion con aims discussion OF the merits of the
controversy between Mr. Louoat and the Union Club
The text of the opinion is as follows;
BY its constitution the government and management
OF the Union Club conded to comm ttee OF twenty
its members to be known az the Governing Com
mittee. Among the of this committee Is hat 70
admit members and to expel or to suspend them by bal
lot" The committee empowered to put an end 70
membership for any conduct OF member Improper ana
prcndlc TO the oluO By one Of he rules OF the ciub
ID is declared tlat the proceedings the meetings Of tue
COMM tee shall be held TO b. strictly private Tue
plaintiff having been expelled and as he claims IN nls
complaint improperly. brings his action, which he
seeks to have H. adudged that the resolution OF MS e4
pulion is null ana VOID The &C tol IL AGAINST the club
IN ne Of the defendant, treasurer Before the
trial. defen ant the IL examined as Wit
the behaii Of the plain m BY order made by
Of the Justices this Court tn" with wasdrectel,
among TO produce upon u" eXamintl the
miautcs smcetin of the Governing Com mltteo, AID
the thereof, at Wncn pfpcecusS
had with respect to the planths expulsion, WIN
all statements IN writing and rep IT. of oral statements
made the subcommittee. with respect 70 tie alntf
tOg with tdo report made by tue suDcOmni ttce 10
tbe Coyerni z Comnlttee The witness produced upon
the oxamina ion the minutes the Governing Commit
which, e stated cJna ned the entire acOn OF tue
c, upon tue plInt r. case. tue meetings ned
with resp ct thereto He also produced the minutes OF
or ccc,ings Of the Investigating Committee or sub
comm tee to WnOm Il nRd boen referred 10 inv 1Alte
ana report 20 the Governing Commit an exact Htite-
m"nt OF facts r. relation q the dihcul.y e1isiln5
between the paiDih ID another me u"cr of tue cnD
WIo were Ia be Noticed aud an opportunity anorued
them 80 appeIr before tn clmmittec Tue re1ort OF
tne proceeding OF ths COMMITTEES 10 tho Governing
Committee also produced by the witness, 20 vhicn
report append d the evidence aduced with respect
the sp'cl referred 10 - IN Tue minutes OF tAe Gov
ernng committee show that tae repOrt OF the Inycstl
eating Committee was accep ed By It, aud that AT
debate Gamble IN reso dtOh was adOPeh IN tIcee
words: whereas, upon tue report Of e committee,
and the evidence 9dddeeJ. 1t ap cared
improper and prudcal 10 the club therefore, resolved,
that he b. expelled iron membership OF tue club lt
appeared by Lt Testimony 0 ne witness Leroy thal ne
Is Inrinucr OF tie Governing Commit oe aud mat lac
resDlul and IN FAVOR OF pnlnslub
plsiOn; he also acted upon the nNeslgtthg tvihht
Tee. Upon as examination under the Judges orders
the following question was put TO the witness by tue
Q-Mr. Leroy was any actlon taken by the Governing
COMMITTEE winch dcteruined what conduct the part
OF Mr.. LouDat deemed by them Improper and
prcjudlcal 10 tue club
FACTS WANTED NOT CONCLUSIONS.
This question oJeetc1 TO b. the deead ants coun
groun that the action o. tle committee must
be determined from the documentary evidence OF II;
.u.t naly on flr Vrouud chilled for any
facts but for tbe opinDn u the witness thlk the Oh
jcctoI IL well taken. Ths minutes and reports in writ
ing produc are tnc best EVIL oLoe OF what took place
in the meeting tho committee. ald upon that ne
luton Il expulsion was based; and any statement or
the witness 49, 10 what committee DIET rnined ny is
action would he his opinion only and sucl ia mad
mssibc. what il wanted IS acs, not the conclusions
judgment o tDe witness. II toe pers Produced do
not $40" upon wat iAG!s t.o Actlo % tHe conl'tee
plaintiff to tnat extent would b. established. And
It will be in time for him u offer eNidenc- as 10
other and eHrn-ic facts and matters when IL shall be
decided to Uoendint ia ~ supplement- his Oise BY
oral rVueuCc h. could eyer be- 80 hri1. But oosry it
should not allowed TO tn witness To place his inter
pre- upon gSo Mo opinion 81 The proceedings anu
cdlns OF tnc committee which 10 eVdencod by the
The plaintiffs council also asks the witness the ques-
ton what conduct on tue part o MI Lodbdt did you,
mpro per and prcjadcia g. the cuof TIisq1ehion
obviously improper when te nature ana ODieots Of this
club are coudd red as aIpesrsby It's constitution aud
DO per@ as well az the relation or the Governing
Committee ana its members an Inquiry 80 delicate
important 10 all concerned 30 oOse TINS witness
now to ats orally his Judgment as TO wuat conduct
the part vi the pa nun deemed 10 be improper
ballot, aud when tho witness deposited his ballot he
set question far ne lie
wnion he based his judgment than judge, juror or
could alter ia -men be Questioned IA To the
reasons basis OF his determination. SNAIL not In
this ctlOu. lay any emphasis upon the rule that
the proceedings this committee To b. regarded
sh. .ftar.a a..i.i.u fi nj nah nrl
am sure, could be interposad TO shield
proceedings important III every view 10 character
ana " they were not taken ia gOOd aith or
meto o' % @ M. OF t1e committee ssf Win
tine facts before already in evidence. Aud 4 the
Plaintiffs contention be correct that no sufficient cause
Ior tue eApl'sion Is sho"m Oy .Ie Pouuc1u, ~
made out % that e1tent ana he needs no fur
thor evidence But does not seem 10 me 10 b. proper
10 allow member voting resolution OF this nature
with the members OF co.uullttce Of which nc
toyne par 10 select FROM tho fnots submitted TO the
committee such no deemed 10 DO prejudcll and to
one ncn,b r. OF n COMMITTEES MAJ consider OF the mat
crs nr1ugn before IT, that the conduct u person un-
resp ct OF some particular fact act or comm sslon while
others may base their Judgment upon the whole
TIE TRUE QUESTION.
The question H. 10 IL appears t. me- II the action
of the committee may be revised here far ths pout
is concerned does tho report OF facts upon which the
committee proposed 10 act con In any evidence
duct on part OF thopaintih improper and preudical
TO tue club
Tue objection to the question last above stated Is,
therefore sustained ana for the the follow
lug questions must he excluded:
oIestion-What conduct the part of Mr.. Loubat di
YOU. as a member of the Governing Committee, deem TO
bc improper and preiudical to the ciubt
O-For what cause did YOU vote Tor inc expulsion or
Mr. LouOat ~ .
tee deem The fact That Mr. LOubnt had IN private N
versaton I'm he club Ii. used improper language
cause Tor eXpulsiOni
Odd you, member OF tue Governing committee,
dorm inc writing of Mr. Loublts letter 10 Mr. IurnbuI
a cause for expulsion .
Odd the Governing committee decide mat that
was a cause for expulsion
Q-Dld the Governing Committee decide that the
communication by Mr. Louoat OF his letter 10 certain
pcrsnus was cause for eNp ulslOn
Tho witness having IN answer 10 question said that
no could not answer as 10 how Mr.. KING. member of
ne committee had voted the resolution OF XpulsOn
WINS a5t,r these questions;