Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1898-03-24

~ tofmsly DamHsed sftsr froceedtDgs
are TGo'o3ghIy G5ns Over-Tais Ef.
fsctusiiy Unps sss OF the Litigation -
Far ~ tae circut Coart OF the Dlstric,
n Concernoc-Dsmsges sn an Appeal.
Morrison. March 23-Judge Bige-
low consolidated fise Of the Wood
men removal cases, head the pro-
ceedihgs tree Gays. and dismissed
ell the bills. j G. JOHNSON.
This was he ielegrsphic iniorma
ton that came to InE ARGUS last
evening frUm General Attorney
johnson. OF the WoCdmen, a. the
conclusion Of the hearing OF the pro-
ceediDgs in the Whiteside county
circuit court ~ Morrison on the per.
manent disposition Of the master in
chancery Woodmen removal in juno.
tons. This ruling on The part Of
Judge Bige!ow winds up in the cir
cult court OF this district the cases
oil last summer and fall through
which it was sought to th wart the will
Oh the Woodmen order in its removal
OF its head Office from Fulton to this
city.
The court passed upon the numer.
Gus master in chancery cases on
their return to it for action By con-
solidating five Of them, which were
identical in character. But one re-
mains on the Whites;de docket, that
filed by Henry Dieckman ct al.
This was not included with the 9TH
ers, because it is an altogether diff
ferent theory, being directed again st
the present officers OF the order per-
sonaily. The others were based on the
contention that Fulton was entitled
to the offices by right Of contract en-
tered into through j. Z. Root, the
original head oounsul, In considera-
ton Of contributions on the part OF
tho citizens Of Fulton 10 sundry
amounts and in sundry manner.
The question IS TO the Legality oil
various head camps at which the
head office was ordered removed was
also raised. The evidence in the
form OF dispositions taken by Special
Master in Chaucery Alexander was
all read, and argum' made
by City Attorney Z. c. Nc
Mahon, Of Falton, for the Fultonites,
Harvey b. Hurd. Of Chicago, editor
oil Hurd's Illinois Statutes for the
order; j. ID. Az drews, OF Chicago, fol
the Fvlton e1-obstructionis,s. and
General Attorney j. q. johnson. OF
Peabody, kss Hon. William Jack.
son. OF this city, and William Barge,
OF Dixon, for thc Woodmep order.
The case was concluded. at 4.3O yes.
terday Afternoon. and Judge Bigelow
at once rendered his decision. In
handing down lis ruling Judge
BigeloS spoke Of the aiteGti5n he had
given the depositiops and arguments,
Notwithstanding that he had lad some
experience with the case, aud was
therefore 10 sn extent familiar with
1t. He hsd approached the case with
considerable diiiideuce. because an.
other judge on this bench. and his
equal in authority and learning. had
a rather remarkable experience with
these cases, aud he would naturally
dislike doing anything which Nigh,
be construed as criticism Of his
brother. Fortunately hs was re.
lieved OF any embarrassment on that
account because his judgment in
the pending cases conceded with ths.
Of Judge Gest. Referring 20 Judge
ShoSalter's decision in the United
States court in the matter. and the
reading Of which Mr.. johnson in.
cluded in his argument. Judge Bige.
low said he was glad it had been
brought TO his attention, because il
unfolded the thoughts In his mind
exactly. Judge Bigelow held the
plaintiffs had proven no case uude,
the statute.
Courts shosld Protect Specifies.
The cour's should protect socie.ie:
like the Woodmen and not harras.
them. He held that societies like
the Woodmen should be considered
IS being in the same category a!
churches and other religious and
charitable organizations, and ht
agreed with the usage of the court.
OF not interfering with them. liz
thought the business OF the courts is
to protect the mem bers in the man,
agement Of the affairs OF the society,
rather than 10 seek to dictate the in
sernal policy thereof. and that when
ever the courts attempted to inter.
fere with churches or organization
OF the character indicated, the latter
had been soiIed. Holding these
views, he therefore ordered the bill!
brought BY the several plaintiffs dis
missed.
Judge Bigelow said he would enter
the formal order OF dismissal a. the
April term OF the Whiteside circuit
court, when he would also consider
the motion Of the attorneys for the
order that damages be awarded
against the petitioners In the various
irjunctions. The Fulton attorueyl
gave notice Of purpose to appeal
and Judge bigelow said he would Sc
draw the decree that this course
nigh. be adopted IL desired.
Judge Bigelow came to Rock Isl