The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-07-21
WARRING ELyS
Co into COURT.
Argument on the Legality Of the Recent
Meeting in Jamestown.
BUFFALO JUDGE ASKED TO DECIDE
The Brethren Who Met at Atlantic
City Represented in Court in Op-
position to the Injunction Restrain
ing the Grand Lodge Meeting Out of
New York State Decision Is Re-
served.
BUFFALO. ,July 90.

BUFFALO, July 90.
JUSTICE WARD, Of the supreme
court. must have learned con-
n siderable about the Benevolent
W and Protective Order of Elks, to-
day, as for several hours he WAS r
patient listener to the arguments Of
the attorneys representing the two fac
tions of tine society, which split in
twain recently over the selection Of a
place for holding the last convention
of the grand lodge. The question as
to which of the factions shall hence
forth be legally recognized as the order
and shall have control Of the looks of
the society has been brought into
court. and Justice Ward has been
asked to pass upon it.
The cause OF the lissension of the Or
der and the present court proceedings
dates back TO the convention of the
grand lodge held in Detroit in 1893.
when "a resolution was adopted author
izing the trustees to decide upon a
plaza for holding the next annual con-
veniion, or that Of 1894 The resolution
also provided. it is alleged, that the
trustees must select city whose loca.
ti0n would be convenient to members
of the order all over the country, and
whose hotel accommodation would be
reasonable in price, The trustees decided
upon Atlantic City as the place in
which 10 hold the convention of 1894,
and as soon as this decision was made
known objections We're raised by many
mem bers of the order who lived at an
inconvenient distance from that city,
and who believed that the hotel rates
prevalent there for frst.class accom-.
modations were more than thy cared
10 pay, especially as the convention was
20 DO held after the opening of the
summer hotel season, when prices are
elevated to the top notch by enterpris.
ing landlords
HISTORY OF THE SPLIT
The dissatisfied members appealed
from the decision of the trustees to
the grand eX Ilted ruler, who is inves-
ted by the constitution of the order
with extraordinary powers He sym
| pnthZed with the dissatisfied officers
and members and overruled the ,duci.
sion OF tho trustees and designated
Jamestown, N. Y. as the place fol
holding the convention Of 1894 This
action Immediately precipitated y row
which eliminated when the time
came for holding the convention. The
trustees had many friends among the
members Of the order as we'll as the
disgruntled E.ks aud adhered to their
| lao, 80 4
Atlantic City. II was impossible tc
harmonlzo the differences aud as q re,
suit two conventions were held, one al
Atlantic City and one at jamestown,
and both of them elected officers.
In order to contIol the books ant
moneys of tho grand lodge, the james
town convention procured an iujunc
tion restraining the grand lodge frou
meeting elsewhere than in New Yorl
state and the Atlantic City factio!
from interfering with tle funds of tn,
order. The Atlantic City faction seek
to have this injunction dissolved AZ OF
the issue depends tine legality of it,
session, and motion to this effect wal
argued before Justice Ward. Leroy An
drus, of this city, Represented the At
lantic City faction and Hon. Arthur G
Wade. of jamestown, appeared 70,
Grand Exalted Ruler William H. Ap
perly and the jamestown faction. At
torney Wade based his argument rpol
the provision in the resolution regard
Ing the convenience of the place to b.
designated for holding the convention
while Attorney Andrus held that tn
trustees had acted in accordance wit
their instructions and had done thsi
duty in designating Atlantic City II
the place for the annual meeting OF tn,
grand lodge. Justice Ward will han,
down his decision in a day or two.