The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-05
K. OF P. LODGE ENJOINED
from Suspendlns or ExpeIIine a Member
Who Is Saloon Keeper.
THE TEXT OF PETITIONERS PRAYER
SETS Forth the statute Under which
the Grand Tribunal Has ordered
His Lodge to Act.

Hillsboro, Texas, August A pc
culiar Injunction suit was filed in the dis
trict court here last night, in which j.
~ Ballard, saloon keeper, seeks to pre-
vent the Knights OF Pythias lodge from
suspendng or expelling him on account
OF his business. Mr.. Ballard alleges that
he affiliated with the order in-lS9o and in
1888 took out a policy in the order for
$4,000, and that ION the 18th day Of April.
1885, a purported rule, regulation or rather
what is called statute of the Grand Lodge
went into effect when plaintiff was a
member in good standing and holding the
aforesaid insurance In defendant lodge,
said purported statute providing that any
member of the order then engaged in the
occupation known as saloonkeeper or bar
tender should be deemed guilty of an Of
Tense against the order and on conviction
thereof should be suspended or expelled as
the subordinate lodge of which he Is a
member may determine. That on the -
day of February, 1898, this plaintiff en-
tered into and engaged in the saloon bust
hVos III Tue CITY VI " ilAil NOAhNs
Texas, and has so continued in said bust
ness TO the present time. On the Sth of
May, 1898, he was tried in said defendant
lodge upon the charge of engaging in
such saloon business and was duly ac-
quilted by said lodge, whereupon the case
against him was appealed by the persons
conducting the prosecution against him,
to-wit; Walter Lang and Walter Phillips,
members of said lodge; but that he nor
did his attorney. r. w. Hunt, have any
notice of CIR copy of the brief of said prose-
cutors of plaintiffs in error as same are
designated in the rules of what is known
as the grand tribunal knights of Pythlas
of Texas, as required by said rules, before
his case could be passed on by what is
known as such grand tribunal; such briefs
are by said rules required to contain an
orderly and concise statement of the
facts as understood by the parties fling
the same, a statement of the contention
between the parties and a concise argu-
ment of the points presented with the
citation Of authorities as such party may
think proper wherefore this plaintiff was
prevented from knowing what arguments
there were to be made against him and
what facts were to be relied upon against
him, and what authorities were TO b. used
against him, and deprived of his rights of
being properly and fairly tried be-
fore said grand tribunal, and its judg-
ment should therefore be and is void but
said tribunal rendered Judgment to eff
feet that plaintiff was guilty and instructed
the defendant lodge TO proceed TO either
expel or suspend from said defendant
ledge, which said defendant lodge had
failed and refused heretofore to do on
said trial. before said defendant lodge
This plaintiff further says he is informed
bol; bnt tad ct n
of the Grand Lodge Is unreasonable and
void; that same is also contrary to the
laws of Texas providing against trusts
and conspiracies against trade and inso-
far as defendant lodge recognizes same
and assents to same and proposes TO act
upon same. same is a combination of acts
OF two persons and more than two per-
sons associated together in said defendant
lodge to create and to carry out restric-
items in the free and full pursuit of a
business authorized and permitted by laws
Of this State and is therefore void; that
plaintiff is now and has been during the
time of said trials aforesaid engaged in
the saloon business as a retail liquor
dealer in the city of Hillsboro, Hill coun-
ty, Texas, paying all taxes, Federal, State,
county and city therefor. That said pur-
ported statute of said Grand Lodge also
deprives plaintiff of his right as aforesaid
in said defendant lodge If said defendant
lodge undertakes to carry out said ORDER;
that some of the members of said lodge,
and he believes and AYERS a majority Of
members OF said lodge, acting as a lodge,
now threaten and are about to proceed
either to suspend or expel plaintiff from
said lodge in obedience to the Aforesaid
judgment of said grand tribunal and
thereby deprive plaintiff of his rights OF
membership, his insurance as aforesaid
in and upon plaintiffs right to fully and
freely pursue his occupation and business
as such saloonkeeper and retail liquor
dealer; that the damages resulting from
such action would be irreparable. Plain
tiff has no other business and all his
means are invested in said business and
TO quit such business would be a great
sacrifice OF property and money on u
part of plaintiff and there is no legal
remedy adequate in the premises where
fore he prays that citation issue in terms
of the law and served upon defendant
lodge; that upon hearing hereof your hon
or grant him a permanent writ of injunc-
ton restraining from so suspending or ex-
pelling plaintiff from said lodge, and de-
priving him of his rights OF membership
and insurance therein and that your honor
grant him a temporary writ of injunc ton
restraining said defendant lodge as afore-
said.
The petition was presented to Judge Sam
R. Scott at Waco yesterday, who granted
petitioners prayer. The citation was
served on Grand Chancellor J. " Proctor