The National tribune. [volume] (Washington, D.C.) 1877-1917, 1895-09-26
National Counselor

| lovely floral emblem, the wild rose, beautifully
| displayed on white satin.
/ The Department of Tennessee had glimpse
OF Lookout Mountain on pale Lavender
badge.
! NATIONAL OFFICERS, w.RC
Never in the history of Conventions have
| there been so many officers elected as the unani-
nous choice of Convention.
| The three presiding officers, in thoir order,
are: Lizabeth A. Turner, National President !;
| Mary A. Ninekirk, National Senior Vice Pres-
dent; Henrietta Stiesmeier, National Junior
| Vice-President.
| The election of Past Departments President
| Sarah A. C. Plummer, of Michigan, was one of
| those spontaneous elections which give Joy TO
all.
The members of the Executive Board went
in with equal unanimity, while Past Depart
ment President Isabelle T. Bsgey. OF Ohio. had
large plurality of all the votes cast for Ma
| tional Treasurer.
The appointment of Past Department Presi-
dent Harriet NJ. Reed. of Massachusetts,. as Ma
tional Secretary gives great satisfaction to
members of the Order, particularly those who
know of her services to the Army Nurses while
serving as Secretary to the National Pension
Committee.
1t is hoped at later date tbs. sketches and
portraits OF these most excellent officers will be
presented in these columns.
1t was most proper that Emma 3. Alrich,
charter member OF the National WR.C., who
came to Convention at tho head of a fine
Kansas delegation, should be unanimously
elected TO the Executive Board Kansas is
prospering under Department President Al
rich.
THE INJUNCTION CASE.
Ada F. Clark. suspended member. WR.C.,
secured an injunction forbidding Convention
to proceed to business until she had been seated
She based her demand on the plea of property
rights in the W.R.C.
In dissolvinz the Injunction Judge Touey,
of the District Court, gave an exhaustive
opinion, in which he denied that she had
property right. He also held that volunteer
societies and churches had absolute right to
discipline or expel members. The following
are extracts from the learned opinion given:
"This decision. when it comes to a final de-
cree-when the case is finally submitted upon
the pleadiGgs and the proof-cannot affect this
lady's property interest as the widow of SOL
der who defended the flag of his country. The
beneficiaries of this charity are the unknown
and unnumbered widows of soldiers from Maine
to California, and membership in this sssocia-
ton gives no right Of property in it not owned
by the humblest soldiers widow who has never
been heard of by the association. / make that
statement from the declared purposes of the
organization, and this money, whether IS or
$60,000 is a trust of fund of public charita-
bic character, and il this association should be
dissolved differ with the learned brother who
says the members of the association could di-
vide its money among themselves and spend it
in modest or riotous living. The dissolution
would end by some Chancellor taking charge
of the fund and devoting it to the purpose for
which it was originally designed-that is, in
aid Of widows and orphans of soldiers who
fought for their country.
Therefore, this suit is not suit to establish |
or vindicate any property right, for prop
erty right which any court can protect has |
been violated upon the statement of the bill |
and the statement of counsel. A privilege of a |
social or semi-officisl character, it may be- has
boen violated by a body which undoubtedly |
has the inherent power to violate it if it de-
sres. No one can come to Court of Equity
and say: My associates OF this organization
have treated me unjustly.'
Doubtless, if / were sitting instead of the
body which has passed upon this matter, /
should arrive at different conclusion; but, is
Court Of Equity to sit as Court Of Appeals
upou the judgments and action Of this body?
Am /, one humble, half learned lawyer sitting
as Chancellor. to say that my judgment upon
this case is superior to that of these ladies
whose lives, in large measure, have been de- |
voted to it, and say that they shall have a |
member whom they do not want2 Will any |
Court of Equity force on them member that |
they say is not desirable? II so, it is plain /
that the organization will go to pieces in "a /
hours In all the cases. as Jessel says and as
say Hersel and Niblack, there must be prop
erty right violated as the foundation of equita-
BILE Jurisdiction. The sentimental rights, the /
social aspects of the case, the partialties preu-
dies, animosties and hostilities of the case
no Chancellor can undertake to adjust or
1t has been said that the plas-
tic power of a Court of Chancsry ia so great
that there was nothing it could not do;
but Justice Brewer, in an admirable opinion,
suggests that a Chancellor could not make
husband disport himself as he should, or make
a child obedient, make the members of a
church conform to the rules and there are
many acts which may be said to be unjust
which . Chancellor cannot remedy. You have
q church case. They expel members from secret
societies. Will Chancellor, simply because he
wears the ermne, undertake to say that these
ecclesiastical courts have acted unjustly; will he
review their actions and decrees2 If my
brother Ingersoll were sitting on the bench as
a Chancellor, do you think he would be q
proper judge to say whether a church acted
in expelling member? 1t has been
held by the Court of Appeals that no explosions
by church authorities can be held Illegal, how
ever unjust in the eyes of the court, and so it
is with all associations, voluntary and unincor-
porated. No court can pass upon their actions
unless it violates property right.
1.-The allegations of this bill show there were
no property rights of the plaintiff violated.
Her right, contingent and eventual upon the
ieath of her husband as the widow of soldier
who has defended the flag of his country, is
lot impaired at all by this action of the de-
endants. / do not mean to indicate that on
inal hearing / shall dismiss this bill, but as
I'm now advised, l certainly would dismiss it
lpon such proof as was stated by counsel and
uch allegations as appear in the bill
ut seems to me that the bill is without
equity and the injunction is refused"
The case was conducted for the plaintiff by
Young, Trabue & Young and Judge G. F.
Clark, husband of the plaintiff. The latter
rave lengthy history Of the case. For the
defendants Lane &c Burnett appeared with NJ
4. Ellis, of New York, Judge-Advocate of the
irand Army of the Republic, and Judge j.
". ONeill, of Ohio.
Service has been taken upon the new officers,
md a full hearing asked for within 20 days
rom service.
NATIONAL APPOINTMENTS.
Besides Harriette L. Reed, National Score
ary the following are the appointees of Ma
ional President Lizsbeth A. Turner, who were
Installed with the elective officers at National )
National Counselor, Margaret Ray
Vickins, Kansas; National Inspector, Mary L.
Arr, Longmont, Colo; National Instituting
nd Installing Officer, Ella Jordan Mason,