Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-03-12
and was fully acquainted and satisfied with
n,,nr,, mint Pronl n ri dna hal hnnn cnlnl1,

ana was 1ully acquainted ana SaClSneQ WIFI
every point. Breckenridge had been solely
responsible for a continuation of needless
litigation. When Breckinridge's successor
over the fund belonging to the order in his
possession.
Judge Baxter continued: "There is a gen.
eral law which requires all Kentucky cor
porations to hold elections within the ter
ritorial limits of the State. l find in this
OK. of H.) charter the words, elections at
such times and places am satisfied that
it was not the intention of the Legislature
to make the Knights of Honor hold their
elections in kentucky. Indeed, every an
nual meeting and election of this organiza-
tion has not been held inside of the State.
Breckenridge was himself elected at meet
ing not held in Kentucky. The deduction
is that the last meeting at Chicago was legal,
and that the officers elected then were law
fully elected, and that the present Supreme
Treasurer is as much of Supreme Treasu-
rer as Breckenridge ever was. There is no
excuse for Breckinridge's conduct. 1t was
his duty to have turned the funds promptly
over to his successor.
"Instead of this, Breckenridge petitioned
the court, and this brought about litigation.
Legally, he had no interest in the matter.
The money was the property of the lights
of Honor, and to them should have been
paid. Briefly, it would be an abuse of ju-
dicial power to appropriate any OF this
money to pay his attorneys.
"The petition which Breckinridge files
surrendering the fund is not the open,
frank, cordial surrender that it should be.
I shall make no allowance for attorneys
fees. On the contrary, shall at once pro-
ceed to distribute and dispose of the whole
amount"
Judge Muir took the floor and attempted
to read chapter from the charter of the
Knights of Honor, with special verbal an
notations. Judge Baxter called upon him
to stop, stating that it was a waste of time
and breath, as the court had fully informed
itself.
Mai. Gratz, attorney for the knights of
Honor, filed the answer of the Supreme
Lodge to the petition of Breckinridge, in
which the various claims against the fund
were mentioned in detail.
The court then directed the benefit certi-
ficates of Duff, Tooey and Greer, with a
commission of one per cent: to the CLERK OF
the court, to be paid, and directed that the
residue be made subject to the order of the
Knights of Honor organization
Judge Buckner stated that the Peoples
Bank of kentucky desired to withdraw
from the case.
Mai. Gratz and Mr.. Davie objected. Maj.
Gratz said that at stated time the bank
had issued certificate of the amount
then on deposit with them to the credit of
Breckenridge. If what was stated then
was true Breckenridge was short in his pres
ent settlement with the court.
Mr.. Davie argued that since May last the
fund had been on deposit at the bank, and
that they had reaped a considerable inter-
oot ,,of Iopo Tx, haloprinCr tO them
Judge Baxter decided that it was entirely
with the attorneys of Breckenridge whether
or not the Peoples Bank could be allowed
to withdraw.
Don't let them withdraw" whispered
Col. Breckenridge to his attorney. "lf you
do they will charge us with some kind OF
colusion."
Judge Muir accordingly asked time to con-
slider the matter. Judge Baxter thought
that all necessary action had been taken and
adjourned the proceedings.