Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24
THROWN OUT BODILY.
Result Of the Fulton Obstruc.
tionists' Appeal to the
Federal Court.
woODMEEs SIGNIFICANT TRIUMPH.


JodGe shoWAlter Not Only Refuses the
Irjanotion But Declines to Continue
Restraining Order Pending IN Appeal
Matters Writ No. Dat OF the Way,
and No. Takes Its Place.
The Fulton obstructionists have
been knocked out of another court in
their warfare on the Modern Wood
men of America. This time the re-
buff has come from no less tribunal
than the circuit court of the United
States. Judge showal:er at the con-
clusion Of the arguments in his court
at Chicago at 4:S0 yesterday after
noon promptly rendered his ruling
on the application Of the Fultonites
for an injunction. Tie decision.
which is sweeping, was given by the
Judge as follows:
1.-The complainant in this bill,
William A. Penn, brings here
q controversy with this So
oiety. Modern Woodmen Of
America, of which he is q member.
As 1 read this bill l cannot discover
any property loss that complainant
will sustain II the expressed wish Of
this society is carried ont and its
principal once removed from Fulton
TO Rock Island. l cannot see why il
should matter to him as q member
OF this order whether this office is
located at one place or the other. l
get the impression from what has
been introduced that this society de-
sires that its headquarters should be
at Rock Island; that at least nine
tenths of the members are in favor
Of this removal, and have SO ex-
pressed themselves on several occa-
sions; that this large proportion Of
the membership deem it good policy
and for the best interest Of the SO
ciety to 20 to Rock Island rather
than to stay at Fulton. So far as
can see the opposition is founded
less on interest in the order than IN
terest in that neighborhood. In
other words the interest which
is at the bottom Of this op'
position is foreign to thu
interest Of the corporation. Tit
rule In regard to . stockholder's
= bills always is that where it appear
that he is seeking to subserve som'
Interest foreign to the interest OF the
corporation itself. his bill will not
be entertained; when.it is spparen
that this foreign interest is to be su b
served by the litigation. courts
shouldn't take action. Such litiga
ton does not commend itself Il
2 courts of equity. Viewed from thu
stand point of the decision Of the su
preme court of Illinois In the case o
Bastian vs.. the Modern Woodmen
lice Illinois, in view Of what the gu
tpreme court seems in that case to In
dictate is necessary for the order Il
do; then looking at the remedial leg
islation had in 1897, and what tn
Dubuque head camp has done, it al
seems to me to be just right. At al
events, am not willing to say tina
r it is not. Further than this, I al
strongly impressed with the vie'
that this litigation properly belong
in the state court; that the issue
sought to be adjudicated here or
pending before Judge Gest, and th
responsibility Is on him to de
eide, and not on this oourt
1t is true that the popularity {
the law Of illinois has been called
. the attention Of the court, that thel
is no way of keeping an injunctio
alive pending an appeal. but that
no reason why this court should
called on to ELL the gap. l do ne
concur with the views of couns'
for complainant on this point. It
not . proper use to make Of til
court. Judge Gest Is Judicial Office
in the jurisdiction from which it
3 sought to bring this cOntrovers
here. 1t was before him; he hear
and decided 1t before it came here
and part of it is still pending beiol
him. In euch o case the court wi
not entertain it. Holding thes
views ] will decline TO issue any IL
junction"
Another Attempt Thvsrted.
The Fulton attorneys thereupo
gave notice to Judge Showalter tn,
they desired an appeal from his DE-
cision to the United States circu
court of appeals. The Judge gay
assurances that an appeal would t
allowed on ,he fling of q props
bond. The attorneys then insiste
that the injunction order remain
force pending q decision in the higl
er court. but this Judge Showaltt
declined to authorize. stating that
his view there was no call for eitht
an injunction or an extension Of II
restraining order In the case On
that % the restraining order Issue
by Judge jenkins expired on tn
I. hearing. no further order should
issued.
The decision by Judge Showalt'
is . significant victory for the Woo,
men. as they have succeeded
thoroughly whipping the obstru
IH;on;ata n Tho forun Vhich the latte