Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-10-01
JUDGE GEsT - HONE AGAIN.

Sunllo uNQ Z Icu n6uu.
JUDGE GEsT - HONE GAIN.
The Full Text "f HE Ruling st Nor
rison.
Judge VI. H. Gest, accompanied
BY his stenographer. H. ID. Bake
more. and by Messrs. E. d. Sweeney
and Z. +. Parmentcr. reached home
from Morrison this morning. The
firm stand taken by Judge Gest IN
asserting the dignity OF the court
and thus obviating the csta ablishment
OF what would have proved q de-
structive precedent in court proceed
ure in permitting a court official to
successfully circumvent and in the
end defeat the order OF the Judge, 10
upheld by all who appreciate what
IL eventually would mean In our
form OF Jurisprudence. Judge Gsst's
ruling at Morrison yesterday in
passing upon injunction No. 6 is
appended:
The Opinson.
sTxmE Wa,EsslnT OF ILLINOIS. daSsIs t...
In the Circuit court OF said county
in vacation before the October term,
A. ID. 1897.
Leroy Baker VS.. Charles w.
Hawes, and Modern Woodmen Of
America. on bill for Injunction.
This is a motion to dissolve the
sixth injunc ion which has been is
sued in the same Cause, out OF White
side circuit court, upon the order OF
>. l.. McPherran, master in chancery
OF that court.
Motions to dissolve the first two
writs came before me at the same
time. and were, by me, allowed. on
the 18th day Of August last. at Cam
bridge, in Henry county. The third
injunction was dissolved by mo on
the oath day Of August. at Rock ISL
aud, the fourth was dissolved by me
on the 5th day Of September instant
at said Cambridge, and the fifth on
on the Oath day Of September in
stsut.
On the first two hearings. argu-
ments Of counsel were iii ade at
length, consuming many hours. Oa
the last two hearings, l heard 10
arguments, bat heard the bills ana
answers read, and perceiving that
they were. in substance, the same
matter l had before passed upon as q
matter Of form, dissolved the writs.
The situation of this matter is
most extraordinary. do not sup
pose its like can be found in the le-
gal history OF this country or OF any
other civilized community.
Upon the dissolution of the in
functions at the firss hearing before
me, the matter should have ended
until the convening of the court 10
Whiieside county. The view Of the
complain ants and the master. seem
to have been. that they could con-
t!nue TO have ordered aud issued in
functions fcom time to time. Ms fast
as judge OF the circuit court could
dissolve them, and that such writs,
so issued, would have force and va
liditv.
All the parties complainant to
these bills that have been filed, since
the first OF the series was filed, were,
as q matter Of law, parties to the fret
bill, and bound by the proceedings
in that case. Counsel for the com.
plsinants and the master seem to
consider that writs OF injunction
may be issued as long as some per-
son hsviog 3 different name from
those already used can be found who
will affix his name and oath to the
same bill, and that each bill. SO filed,
is a new proceeding. Independent Of.
and in no manner affected by the
first. Such theory furnishes q
very convenient method OF giving
the appearance Of ipjuno tioDs 10
force as long as any one Of the 2iO,-
600 members OF the order Can be in
duced to sign q bill. and q master
can be found who will order q writ
upon 1t. Such is not my view.
On the 4.h day Of September. A.
ID. 1897, at q suit OF the Modern
Woodmen OF America against A. w.
Bastiau and others, ordered o writ
OF injuntion to issue out Of the
Whitesite circuit court, to restrain
the defendants therein named, and
all persons, whomsoever, from aid
ing, abetting or encouraging any re-
sis lance to Mo Tern Wood men, its
officers. employees or agents. in re-
moving its principal Office. the rec
ords. papers. and eject, thereof Of
every kind and character. now con-
tained in the principal office Of said
Modern Woodmen Of America. at
Fulton, Illinois, to Rock Island, Illi-
nois; and from resisting. preventing.
or attempting to resist or prevent,
said Modern Woodmen OF America,
its Off 'ers. employees. or agents.
from removing or attempting to re-
move. from the principal Office OF
Modern Woodmen OF America, In
Fulsyon, Ill, the records. papers
and effect Of every kind and char
acser. no~ contained in said priuci.
pal Office in Fulton, to Rock Islaudl
/ I'll That vyie -ea ;a.coN ..aII