Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-03-12
PAID OYER.
Louisville Post, February 25tJ

Honor muddle was practically settled by
Judge Baxter in the United States Court
this morning. The upshot of the whole
matter was an order directing Judge Breck-
inridge to pay into court the Sill ,49O which
he admitted to have in his possession, and
! the money is to be paid out to claimants
by the clerk of the court.
At 10 o'clock number Of lawyers and
members of the K. of H. had gathered in
the court room. Judge Baxter first deliv-
cred verbal opinion of the case of Geo:
Campbell, Government officer, indicted
in Nelson county, and then took up the
X. of II. cases. Judge Buckner, the attor-
ney for the Peoples Bank, filed an exhibit
in the case of the Supreme Lodge of Mis-
souri, VS.. the Supreme Lodge of kentucky,
and also the answer of Peoples Bank in the
case of Chas. Duff against the same.
Mr.. George Davie then filed transcript
from the Law and Equity Court in the
case of Robert j. Breckenridge against the
ment of receiver for the fund in his posses
sion.
Judge Buckner reviewed the case of Jen-
ME Greer against the X. of H., and moved
it be remanded to the State Courts. He
said the defendants wanted to be relieved
and protected, and were ready to pay the
money into court. But the only party with
whom Judge Breckenridge had any contro-
versy was the Supreme Lodge X. of II.
These other suits against the Supreme
Lodge could not affect Breckenridge. Mrs.
Greer, for instance, had no controversy with
Breckenridge, but only with the Supreme
Lodge.
Judge Baxter said the, point raised was
very important one, involving as it did the
jurisdiction of the United States Court in
1or
troversies, as in the present instance. He
referred to several legal opinions on this
head, especially recent decision of Justice
Matthews in the Davidson county bond
cases at Nashville few weeks ago. Judge
Baxter finally announced that all the cases
before him were properly under the juris-
diction of the United States Court, under
the circumstances, and he declined to re-
nand them.
Judge Buckner asked leave to file bill
Of exceptions, as it was desired to carry
this particular question to the United States
Supreme Court.
Judge Baxter having thus cut the Gordi-
an knot, speedily announced his decision.
"Mr. Clerk" said he, center an order re-
lieving Judge Breckenridge of this fund
and commanding him to pay il into court"
The defendants offered no objection; in
deed, they said it was just what they want
ed. Judge Muir, Judge Breckinrige's at
torney, prepared the order expressing, in
formal language, what the Court had di-
rected.
"When does your Honor want the
money!" asked Judge Buckner.
"AS soon as you can produce 1t" said the
Court.
"We can have the check here in a few
minutes" remarked the attorney.
81 don't want the check" replied the
Court. 81 want the money"
Every WE'LL" assented the defense.
"Suppose you have the money here by
tomorrow morning." said Judge Baxter.
II can dispose Of most of the money very
sOon."
After some conversational argument it
was decided that the money should be paid
over to Mr.. Samuel Grail, the Clerk of the
Court.
"Whatever points may be at ISSUE" re-
marked Judge Baxter, ''there can be no
doubt that this money belongs to the X. of
H. On this point Judge Simrall's opinion
is in no conflict with mine. Here is this
large sum of money. Judge Breckenridge
admits that he doesn't own it. The Peo-
ple's Bank certainly doesn't own it. But
all agree that the knights of Honor are en-
titled to the money.
Judge Muir said it might seem strange
that Judge Breckenridge resisted the pay
ment of the money. "But, according to the
constitution of the X. of H., the Treasurer
can pay out money only on the order of the
Supreme Dictator and Supreme Reporter.
Now, Judge Breckenridge believes, accord
ing to Judge Simrall's decision, that Die
tator Sloat and Reporter Nelson are lille
any money. Now, your Honor, that this
court has taken charge of the money, we
feel entirely relieved and protected"
every WE'LL" said the Court; "the court
now has control of the fund and can do
what it pleases. To-morrow morning. we
will hear these supplementary and minor
cases and decide as to the rights of claim
ants of the fund.-"
1--WE don't want to wait till tomorrow
morning to pay in the money" said Judge
Muir. "We have sent for the cash already,
and it will he paid into court pretty soon.
Thus the great knights of Honor muddle
is settled. The officers of the Supreme
Lodge claim that Breckenridge should have
S34 600 more than he admits having.
"What are you going to do about the dis
crepancy?" Post reporter asked of one OF
the attorneys.
"That's a matter for the future to deter
mine," was the reply. 1--WE may bring a
suit against Breckinridge for the balance"
THE ORDER.
The exact order in the case as entered by
the Clerk is as follows:
r. j. Breckenridge VS.. Supreme Lodge knights
of Honor. This day came the defendant Jennie
Greer and filed in Court herein n transcript OF
the record herein.
And the defendant, r. J. Breckenridge, and
defendant, the Peoples Bank of Kentucky, NOV
ed the Court to remand this case to the Louis
vile Law and Equity Court, to which defendant
Jennie Greer objected, and said motion to re-
mand was overruled, to which said complainant
and said Peoples Bank Of Kentucky, by coun-
sel except.
And thereupon the court sustains the motion
of complainant, r. j. Breckinridge made IN the
Louisville Law and Equity Court, to pay the
money in his hands into court, and hereby au-
thoriZcs and commands the complainant, Breck-
inridge, to pay to the Clerk of this court, on or
before Thursday, February 26, 1885, at 10 A. NJ,
the fund and sum of Sill 400 Is, admitted by the
bill of complainant herein to be in his hands.
TIE MONEY PAID OVER.
At noon to-day a hack drove from the
PEOPLES Bank to the CuStOm-house, and
Judge Breckenridge, Cashier Huber and
Robert Kincaid alighted. They had two
heavy satchels, one containing $4,000 in
gold, the other eighty odd thousand in
paper money. The court was notified that
the money was ready.
AS there were no facilities for handling or
counting money, Judge Baxter directed that
the cash be taken to bank. Accompanied
by Clerk Grail and Deputy Marshal Moody,
the gentlemen and the big "boode' went
to the Kentucky National Bank.
Here the money was counted, and it was
found that package of s., 900 had been left
behind. Cashier Huber promptly gave a
check for this, and Mr.. Sam Grail gave
him receipt for the entire amount. The.
=. sI,l fHnx ntt1f Of