New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-28
GENERAL CUTTING LOSES.
HIS UNION CLUB INJUNCTION REMOVED.
A PROBABLE APPEAL TO THE HIGHER coURr-
SOME DAYS OF GRACE GRANTED


A decision adverse to General William Cutting In bz
night for existence ~ q member the Union duh wae
rendered by Justice Andrews OF the Supreme Court
yesterday By its the Injunction restraining the
governing committee OF the club from cxpeIng him IL
diseIyed. but opportunity Is given him to take
Immediate appeal 10 the General Term all proceedings
being stayed II he does a. uDtil decision on tho appeal
II rendered The appeal will be taken without doubt
Meantime, until the settlement OF the order under tho
decision OF Justice Andrews, to be made two days
notice the temporary injunction previously granted
mains In full force, and General Cutting cannot be OusHd
from his membership ct present
In his decision Justice Andrews reces the circum-
stances under which the Injunction applied he
scs forth the finding Of the regard 70 eusra
Cuttings management as executor Of
Of his father Francis H. Cutting the eminent lawyer
the appeal OF General Cutting FROM the decision thus
rendered against him. and the Withdrawal that appeal
after settlement by General Cutting with the other
heirs. He continues this narration ~ facts up
January ~, 1885, when the House Committee reported
resolutions 10 the Governing Committee that the plaintiff
had been guilty Of conduct improper aud preHacla 10
the club, first In not offering TO resign after Judgment
against him rendered; second In res.gnlng
being requested to do and third neuding
that he therefore be expelled the Governing Committee
oh the same day adopting resolution citing General
Cutting show why he should not be expelled
upon which General Cutting applied for the Injunction.
POWERS OF THE COMMITTEE
The Judge also sets forth that tho Governing Com.
mtee ia authorized by the constitution OF the club TO
put end to membership for any conduct OF member
not In violation Of the constitution the ruIes but
improper peiudioia to the club and says tsst the
fact that the judgment had been entered against General
Cutting does not to constitute conduct Of any
description, and the committee :" might without ex'
pressing afy opinion upon the matter have simply IN
formed Mr. Cutting that proposed to prefer charges
against him, thus giving him opportunity 10 resign
II he saw Mt do and then II he 1id rot avail
himself sucK opportunity have required him to sho"
cause why he should be expelled for the reason that
done yaious things which said referee had
decided that he had been guilty OF doing ana because
such conduct improper and preudcial TO INC ciuo
II had been pursued there would have been
occasion for Mr. Cutting to spply nor any plausible
ground uptn which he could have applied u court Of
justice for Injunction TO restrain the proceedings OF
the defendants Instead Of pursuing this the
committee without giving Mr. Cutting chance 10 be
heard #, first adopted resolution that the
tnuanee Of his membership was preiudcal 10 the club.
and asked him to resign, and cited him show
Why he should be expelled not becsnse he had
done the things which the referee found he had dane.
but because he did not resgr OF his accord when
requested to do 80 by the committee. This Yde Of
procedure strictly in
with natural justice"
Justice Andrews SAYS that the committee has al
ready expressed the opinion that the continuance Of HE
membership p,ejudieia to the club there to Be
ground for his apprehension that he viii not be
permitted into the merits Of his case, but Will be
expelled merely because be has refused TO resign" It
is for tie Governing Committee, he says to decide what
conduct Of rnenber ID improper And pejudie;s 10 the
club, In expeltng q member VIII not be
by the unless its mode Of procedure is
Of the methods prescribed BY the constitution
rules contrary To natural justice or unless II 40
exceeds its jurisdiction and expes member for some
cause not provided in the constitution rules for
which is clearly not improper nor peudeia to
the club"
LIMITATIONS OF THE COMMITTED.
The Judge declares thai it is doubtful whether the COM
mittee had the right to adept the resolution without
giving Cutting chance to be heard. IL is possible
that committee expes him without giving him an
opportunity heard, its action may be set aside
lie proceeds:
Under these circumstances, the question whether
the ought restrain the committee from proceeding
further upon the present charges were entirely ne~,
should be inclined continue the Injunction until The
final hearing the action but after careful examination
OF the Of Hurst against he NewYOrk Produce Ex-
change . Il that the decision Of the
Court Of Appeals in that case though rendered by
divided court is decisive Of this notion and that IL
my duty to dissolve injunction" (ln that case.
which st6 to restrain the defendant from taxing
proceedings against the plaintiff which might nave leo
his expulsion, preliminary Injunction restraining the
defendant taking such proceedings granted ana
after argument was continued by the Special and General
Terms Court OF Common Pleas OF this city but on
further appeal the Court Of Appeals. the Injunction
was vacated)
The Judge adds: IN the present IL ie at least
doubtful whether the Governing Committee has the right
to e1psl Mr. Cutting merely because he has declined 70
resign. Nevertheless the defcnians In their answer
to complaint state that they ready aud willing
TO hear plaintiff In and by counsel and hear
consider such evidence objections ana arguments as
they might present and determine his ease wholly
unaffected and wnout being prejudice d by any pre-
limnary proceeding and still ready and willing TO
so and defendants deny under OATH that they
intend do any wrong to the plaintiff in any respect
Under these the court cannot that
the defendants intend TO treat the plaintiff unfairly or
uniustiy."
II the committee shall fail 70 give the plaintiff an
opportunity to be heard TO decide his wthous
prejudice Judge says the plaintiff can review their
action In While he feels constrained IN
dissolve the Injunction. he In conelusion that
the plaintiff desires review his decision and at once
takes a appeal dissovfng the Injunction"
he VIII grant stay proceedings until the appeal is
decided by the General Term. The order Upen ibis
motion viii be settled on two days notice.