Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1884-06-21
IMPORTANT DECISION
Rendered in Case in which Judge
Pierce Has Been Engaged
As Counsel In st. LOuis-Interesfing
Reading for knights of Honor.

Judge j. o. Pierce has Just returned
| from Louisville, where he was engaged in
the argument of a case which has been
watched with considerable interest, not
| only by the 1850 Knights of Honor Of this
city, but by members of that Influential
order all over the country. The Supreme
Treasurer, Breckinridge, who was defeated
at the last election, when it was decided
to remove the depository to st. Louis, had
about 100000 OF the money of the order
in his possession at the time, which was
placed in the Peoples Bank of Kentucky
for safe-keeping A leading Knight Of
Honor said to the reporter yesterday that
it was fact apparent to anyone that the
Peoples Bank, in which Breckenridge was
interested, did not feel inclined to paw out
so much money at once, during the
stringency of the market, and prevailed
upon some obscure person to ask for an
injunction to save them.
The style of the case was G. A. Harding
and wife, which was brought for an in
junction restraining the knights of Honor
from moving its principal place of busi-
ness fIom Kentucky, and to restrain the
Peoples Bank of Kentucky from turning
over the funds in its possession to j. w.
Branch, the recently elected Supreme
Treasurer.
The opinion is one of peculiar interest,
as the order contains some 140, 900 mem.
bers, and is rapidly increasing.
The petition sets up plaintiff s certificate
and interest in said company; that IL is
Kentucky corporation; that among the
offices created in pursuance OF its charter
was a supr e treasurer and reporter;
that said offices are now filled by defend
ants, Robert j. Breckenridge and b. F.
Nelson, and that said offices are now 10
Gated in Kentucky, and SAID officers are
the custodians of the books, papers and
property aforesaid, and are about to re-
move the same and its offices from this
Safe and to turn them over to the defend.
ant, Branch, who claims TO be the treas
urer of said company under an election
by said corporation held outside OF the
State OF Kentucky, and that said election
was Illegal and void. corporation, in
the nature of things, must have some fixed
Office or place of business in the State
where it wss incorporated, so that credit
ors may know where to find it, that they
may present, and, if necessary, prosecute
their just demands. The statute contem-
plates that such place of business shall
exist not only in name, but in fact;
for if the corporation has no place
of business in the State where it
was incorporated, it does not fit the
charter, and it cannot have branch offices
clSeHlSte. Ike u i've Ir6c, IL CdHuot
consist OF branches only, but must take
root'- its native SOIL for it can extend its
branches into other States. A corporation
created under the laws of one State can
not migrate. TO another and carry with its
principal Office, chartered privileges and
immunities, so as to locate Hereunder and
exercise its corporate functions ~ ~"
State its ineorpoiators see fit to Designate
This rule does not at all interfere with
the rights of defendant to have It's ers.ai,
and subordinate lodges in every State and
transact its business eTetywhefe, through
subordinate offices and agents, W erever it
may please, Just 80 10 II mas done before.
me opinion Of the court is that the
election of the defendant Branch as
Supreme Treasurer by said eortofatiOn
out5ide OF Kentucky was illegal and void
and that the defendants should be en-
joined from turning over to him the books
ard papers and money OF The corporation.
1t is further the opinion of the court
that this being a Kentucky corporation
should maintain its principal office or
place of business in. this State; but the
court cannot grant mandatory injunction
on preliminary motion, but only d re-
stfaining order, until alter the defandan!s
have been heard on tLe merits Of the IN.
troversy.
The gentleman before alluded to said:
"If Brother Branch was not legally elected
treasurer, because the electiol was held
outside the State, then Breckinridge was
not elected, nor have we bad any legal y
elected officers in nine years, for the cleo
tions OF 1875, 1876, 1877, 1878, 1879, 1880,
1881, 1881, 1882, 1888 and 1884 were all
held outside the State of Kentucky"
was at the Supreme session, and /
have said around town that there was
combination at Chicago to beat Breckin.
ridge, and stick to it. / know OF. box
OF cigars being given and afterward Stolen.
Although voted for the offices to remain
in Louisville, want them moved, as the
Supreme Lodge voted to do.