The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-05-09
SALVATI0NISTS N.
MUST GET OUr OF TINE HEADoUAR-
TIERS nv NEWARK.
Bniiington Booth's voiunteers win In the
Injunction Proceedings g, md CnPt. Patty
watkins, Commander I'm che Fi"Id.
May Make = Newnrk Evacuation bay.

BaliinRton booths Volunteers win tn the
INJUNCTION Proceeding 90, md Capt. Fatty
watkins, Commander I'm che F,"Id,
May Make . Newark Evacuation Day.
A motion OF William Booth, as Commander
n-Chlof OF tho salvation Army, and Of Booth
Tucker. as the Commander OF the Army In the
United states, to make permanent a temporary
injunction restraining darlington Booth from
taking srJ measures to Dust the salvation Army
from the headquarters at 234 Washington
street, Newark, was denied yesterday By Justice
Pryor OF the supreme Court, with costs against
the moving parties. The decision leaves Bal
lington Booth free to take possession of the old
headquarters OF the Salvation Army In Newark
for his Volunteers.
From the moving papers 1t appeared that
darlington Booth had threatened to and was
about to bear down on the headquarters with
his Volunteers, of which Col. Patty Watkins is
the chief in command In Newark. and storm the
citadel OF the Salvation Army. The AFFIDAVIT
setting forth the prospective use of physical
force was made by Edward John Higgins. one
Of the officers of the Salvation Army who came
over from England q few days ago. Gen. Bal
linRton Booth made a counter affidavit, in
which he says that Mr.. Higgins arrived here on
April "a last and has no personal knowledge of
the matters about which he AYERS. Ballington
Booth declares that he counselled his volun-
teers against using physical force to obtain the
headquarters, of which he holds the lease, but
he says he has instructed the landlord to de-
liver up possession OF the place to him in accord
The property is owned by tho committee of
presbyterian Church Extension of the Presby-
terry OF Newark" 1t was. leased in May, 1894,
by BallingtOn Booth for the Salvation Army at
81 900 a year. a new lease was made In the
same way down to May / Of this month. On
April 25 last Ba!linston Booth obtained a new
lease from May !, 1896, to May /. 1897. and he
says that this lease was taken in his own
behalf for his new organization. The owners of
the property, say the same thing. but the saliva
v nr%i,s Asm n ina hsi ioH RSp Pa ih ,nS } uf + nsaih Hoo the
Higgins swears to the long complaint IN the
action, which declares that the owners of the
property leased the premises to. Darlington
Booth as trustee for the benefit OF the Salvation
Army originally, and that, although each lease
walton Army could have the premises inden-
Lltely on the same terms, as the Landlord was
AYERS that the new lease, although like the 9th
ers 1t was in the name of Darlington Booth, WAS
Salvation Army. n is further stated that the
headquarters are in a desirable part of Newark.
state Of New Jersey as the headquarters of the
Army. 10 lose them. 1t is averred. would injure
the cause or the salvation Army.
When darlington Booth left the Army last
February he decided all the real estate held in
but he did not turn over the leases. An affidavit
Of the attorney who made the transfers tor
Darlington Booth states that the leases were
attorney for the salvation Army. Darlington
Booth ayers that he was ready to turn over this
lease up to May l last. and that as a matter of
fact the salvation Army used the premises up
TO and beyond the period of its lease.
DR.. David X. Frazer and James =. Dusen-
berry. members of the Presbytery owning the
aver that the lease was made to Bal
Booth with the full knowledge of the
committees that Mr.. Booth had then severed his
with the sally alton Army.
Lawyer Pine. in behalf of Baliington Booth.
that 80 per cent. of the members OF the
salvation Army in Newark had gone over to
the Volunteers.
Il dissent,' said Lawyer A. b. Boardmau, ap-
for the plaintiffs, from the PROPOSE
lion that because Il percentage of the Army de-
serted that it's property can be Invested to the
use of others"
Il am sorry to hear deserted used.' said
Pine. That is imbibing British non
The word seeded would be better" inter-
iected Justice Pryor. who was in the Confeder-
,te army. 1t has been handed down since the
of the civil war"
The word seeded will suit admirably"
Lawyer. Pine. The Volunteers. who are
commanded BY Darlington Booth, permit a man
o get out when he pleases."
In denying the motion. Justice Pryor said that {
t did not appear in the moving papers that ire
parable injury would result unless the injunc-