New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-19
MR.. LOUBATS EXPULSION.
THE UNION CLUB SUIT ON TRIAL AT LAST.
MR.. CuoATE SAYS THE ACTION OF THE GOVERNING
COMMITTEE WAS NEUTRALITY-SUSPICIOUS. KING



tice Van Worst was on the bench. Mr.. Loubat'
expulsion from the Union Club occurred on May
%, 1892 and was a sequel to q quarrel with Henry
Turnbull, another member Of the club. There
were eighteen members Of the Governing Commit
tee present and the vote was fourteen to four fol
expulsion Satisfied that the action of the clut
could not stand in law, Mr.. Loubat instituted pro
ceedings two months later. Mr. ChOate appeared
to present his case, and +. L. Shearman, another
member of the firm of Evarts, SOuthmayd d
Choate, was associated with him. James c. Carter
and +. Randolph Robinson appeared for the club.
Oliver X. King, secretary of the club, was present
and was called as the first witness Herman
Il. Leroy, SamuelP. Blagden, and other members Of
the club who had been subpenaed, were on hand.
Mr.. Loubat sat at the right Of his counsel.
MIR. CHOATE'S OPENING ADDRESS.
Mr.. Choate opened the case for the plaintiff and
spoke about an hour and half. lie said in SUBJ
stance:
There is club in the city which does not permit its
long since suspended OF its members Wlen IL became
evident that the action thus taken was unfair and unjust
resolution was passed excuIpatlnB the mchpGr anu
censuring themselyes-a ccnsure chat was Hcniy Oe'
served. The present IS case OF gentleman VINO was
expelled from ciub without WOru OF moment vi
notice He woke mp one morning and FOUND ne was no
longer member Of the club, aud tho Information came
through deanatory notice OF that expulsion lIhled ~
or the morning papers Some few hours aitorwaid
he received from the secretary Of the club an official
notification OF the taet, There was no explanation VI
the cause for tins action in writing or otherwise
Mr. Loubat comes here under peculiar circumstances.
He Is absolutely alone Against nun are InsrtIa,eo ,ie
wealth aud the social influence II the entire Union uD
If he succeeds I'D Ms caSeand nave no REASON "
that lie wllthe Union Gun can, strlcty aecoIIhS 10
law, expe him all over again. The question IS wheIheT
not Mr. LOubat mas any rights when the Union |,o
Is bound to res Get The other side say ne mas not NC
say he Eas. ,,
both directly and indirectly 1t was said that no counsel
in good standing would venture to defend his case De-
cause society would close It's doors against the rash law
yer who did sO society would not invite nun 10 1lne MI
Loubars choice OF therefore, limited TO those
who had already had dinners enough The reason for tnS
expulsion Is not positively known prIVato colFensao
On in which 1t Is true that the palntln USED iahSu23c
which he should not have used had something to do win
It, The lang age was used In an unguardod moment;
but, used private conversation IL was NOT an onShce
either against public morals or club morals Inc OHelce
when the language was made pubic. Ont OF tnis
grew heated personal CONTROVERSY TBis was Done by
Henry TuruJull, the other man In the quarrel lie was
a favortc in the Union Club and at one time pet IN
society. When tho quarrel began the Union CluD ana
society ranged themselves on his side. Many OF the
Governing Committee participated In the quarrel so that
when it came TO the attention " the Governing Commit
tee number Of these gentlemen were prncpllS ID me
affair. The result that member was expelled, VINO
any possible theory OF human conduct was the hsh'er
offender.
THREE POINTS OF LAW
There are three points OF law to which desire to draw
Your HonOrs attention. The first is that the pretended
expulsion OF Mr. LOubat accomplished withO It tho
of votes being cast required by the constitution
In the second place he expelled without notice. with
have committed ON either of these grounds believe
tenabIiry OF the most favorable construction Of
the constitution held by the other side, which
LOuba constitute two-thirds OF the Governing Commit
tee because there -four Ylcanes in the complement
enty -four, then claim that not all OF the fourteen
were qualified. II It shall appear in the evidence that
any OF those fourteen disqualified, the case comes
expect to show IS nat at least one Out OF 'hf
f14 hapQ ne "A
mltcc bur party to the conflict. And before tue
matter was taken pI b the committee it, session it had
been discussed by them in the cu1 they were plrtsans
ana committed to resolution to compass MI Lou
The onion Club Is an unncorporacd association % gen
tlcmen f. l. not el1Ous body. nor Is 1t organized fOl hG
mainly TOR social and gaming purposes. II Your Honor
will look az the constitution you viii see that games OF
oh nee an important feature In inc CUBS design ana
that much thought aud space are given to their proper
regulation There is pOwer OF expulsion as Ia other
recent dec sion ven by your associate Judge Lawrence
in much weaker case than the present one, tue
law in THIS matter or expulsion mas os9n SET Gown
I'm manner that invites your entire confidence. IL de-
cleres substantially that when charge brought against
member or an unlncOIpOfaeu 5sSOclaiIOu' ana eApu
sion is threatened, the ncupated member must nave
above all things fair play Expel him for anything you
pleaseor speaking more lOIy imam orih9y Sehlioneh
DO, for wearing louder crdVats than Orduuy gentle
do, driving draCs or walking aIOOt, OF keeping
here For obvious the law cannot measure the
qualifications Of man for membership We are not here
to question the power OF the Union Cub 10 oxuel one Of
Its members. what We do say Is that the cluO must
Il
must what the evidence il against him. and
II "A subcommittee has made investigation and has
communicated committee cannot sit with closed
doors and before they are opened again expel man.
THE CONSTITUTION OF THE CLUB.
The constitution OF the club declares that twOhrds
of the Governing Committee expe man for conduct
not violation OF the rules but Improper and preudicia
TO the club According any reasonable construction Of
the constitution two-thrds of the Governing Committee
means twO-thirds OF its twentytOur members,
sixteen. The other side say that means
twO-thrds OF quorum OF the actual members.
In this case there were twenty actual members.
Where does that lead to- There might hfCeen
yacancie, Ia the committee instead Of four, at the
whereof speaking. That would eaye nine active
members of the committee. quorum would be- i've,
and two thirds Of that number could eXpel man. COud
there bea more atrocious prOpostoni Here four
would have the privileges OF loo in their Keeping
The changes have been made in it show what Is the
meaning intended. In the constitution Of 1874, II
e es.Tel t aai that quorum is not less
than thirteen When this was changed. and in
ing Ommtoe was substituted Isay that whoever inspired
that change did NOT mean 10 make expulsion easier;
they to make II harder believe thai these views
are aud ,ueered members of the Governing
Committee indeed they have secuted At all the rights
Will have TO be decided. and which my
friends cannot laugh down. Now in regard to the queS
ton OF notice and hearing. AS said before the Itcnin
was a much weaker case than this There they
did go through the motions Of a trial. The committee
specified charges lie came before them ana was per
mted say all he wanted to say Then additional
testimony a proposition to inform Mr.. Hutch
insOn OF it voted down and he
was expelled One OF your associates, Your
Honor says was trial. and that Mr. Hutchinson
Just rs much member the day after the day befOre
this action. On May 3D. the Governing Committee Of he
Union Club met aud passed resolution Of expulsion
the Of Mt LOubat Tho resolution prepared by
motion of John 5mithyOu will excuse me, Mr. Robin
son, using common name; do not know the proper
one-and when II understand that, together
with defamatory matter, tho vote was com
municated by OF the members OF the
Governing Committee to THE TRIBUNE. You will see
that the power OF discipline in the Governing Commit
tee limited TO two things They could suspend a
member and could expe him They were not the mon
OF the members morals, unless they did somethn
wuch called suspension expulsion. But like many
bodies dressed in little brief authority they assumed
They got into habit OF setting themselves up
censors on the general conduct OF members.
! The minutes the committee VIII Illus
trato how they exercised tais assumed power.