The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-13
Belligerent Members of Frater-
nal Order Lose Their Point.
Judge Hazen Decides They Can
Not Force Reinstatement.
OFFENSIVE CIRCULAR.
Rey.A.S. Palmer and E.G. Moore
Charged With Authorship.
Reflected on National Officers
Authors We're Expelled.

Judge Hazen this morning decided the
nandamus suit of Ed G. Moore and DIR.
"A. s. Palmer against the Knights and
Ladies of Security in favor of the order.
The suit was to compel the K. & l.
s to reinstate Moore and Palmer in
membership after they had been tried
by a committee of the national officers
and suspended from the order for issu-
ing circulars which reflected upon the
honesty of the officers. The case will be
appealed.
Judge Hazen's decision was exhaus-
tive. In delivering it he said: The
knights and Ladies of Security is ben
evolent organization. It has large
membership and all members carry in
surance- The organization has lodges
called councils and national and local
officers. 1t appears that there was some
trouble in the order relative to the man
ner of managing it and a circular was
printed and circulated that appeared TO
be signed by a number of members. The
first name on the list was that of Ed G..
Moore as president and the second that
of A. S. Palmer as secretary. The circu-
lar went on to recite certain conduct OF
the officers of the society claimed not to
be to the best interests of the Organ1za-
tion and called for a meeting to be held
at Kansas City. Each subordinate
council was to elect and send represen-
tatiVe and serious charges were made
against the officers The circular called
for an election of new officers If thought
necessary.
THE inference was drawn that the
meeting would take charge of the affairs
of the order. The evidence shows that
this did material damage to the order
and that many members left and it was
a drawback to securing new members
The bylaws provide for a national coun-
Gil and a national executive committee
and that when the national council is
lffera7 -f7sa1I
have the same power as the national
council. The national council was not in
power and the national committee took
up the investigation of the charges
Moore was ordered to appear and did
but not for the purpose of trial but for
the purpose of challenging the jurisdic-
ton of the committee. He claimed that
he must be tried by his local lodge. He
made certain statements regarding the
circular and the committee suspended
him. He brought suit to compel re
Storation.
1T is fair to say that when he appear
ed before the committee he admitted
that he signed the paper but now he de-
mics it. Five or six witnesses are against
him. 1t is not necessary to determine in
fact whether he signed it but whether he
so admitted before the committee
Judge Hazen then read from the by
laws of the order the section providing
that members shall be tried by their own
councils which was a principal point
made by Moore's lawyers. las under
stand it that was to be a trial for an of
tense against the Order,' continued the
court The section for trial in the
member S council is for an offense @gainst
a member or against the council. When
the offense is against the order the trial
must be before the highest tribunal and
this seems to be an attempt to overthrow
the order.
THE courts will allow these societies
TO make their own laws for their inter
nal government. So far as the bylaws
are fair to members; unless they be ar
bitraTy or property rights are interfered
with courts will take no action. The
court must be able to say that the man
old not have a fair and impartial trial
before the court will interfere If litera-
ture accusing officers with the rnisappro-
prlatlon of funds was scattered over the
country and the committee did not take
notice OF It 1t would be more detrimental
10 the order. Can the court say that
moore did not have tafr and impartial
trial There was no disposition to take
snap judgment. He challenged the right
10 try him and the committee went on
with the trial and found him guilty and
nave no doubt but that the plantin has
no rlght to be reinstated by the court.
Palmer had two notices but refused
TO appear for trial He chaIIenead the
right OF the committee 70 try him bv NOT
appearing so L don't see any material
dlHerence in the two cases. NY Judgment
is that the plaintiffs are not entitled To a
writ of mandanuS 49, -