The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-10-09
JR. 0. u. A. M. FIGHT
TAKES NEW TURN
The Supreme Court overrules Judge
Weiss Decision and Declares
Against the Insurgents.

The following Associated Press des-
patch announces the victory of the
loyalists over the insurgents in the
fight between rival factions of the Ju-
nior Order United American Mechan-
les, which conflict had it's inception at
the state convention held here year
ago:
Pittsburg, Oct s-The so.caled insurgents Of
the Junior Order Of United American Mechanics
were finally beaten in their attempt to have the
court set aside the jurisdiction OF the state
and national branches Of the order over the
subordinate state councils in the matter OF col.
lecting taxes.
The fight started in the Derry council, Dauphin
county, when bill in equity wus filed against
the state and national councils to restrain these
bodies from assessing taxes upon the snhordi-
nate lodges. The decision Of the lower court
was victory for Derry council, but in an opin.
ion handed down today by the Supreme court
the decision of the lower court is reversed and
the costs placed upon Derry council.
This is sweeping victory for the loynlists, it
is claimed, and the members Of the j. p.
Winer council at Seventh avenue and Grant
street, who had arranged for a meeting this
evening turned the affair into celebration OF
the victory. The fight for supremacy on the
part of the parent body OF the order has at.
tracted attention all over the country. In his
opinion Justice Brown says:
''In levying the tax it cannot be pretended
that this order transcribed any corporate power
granted; and the public which cannot fairly
be said to have any interest in the powers pos
sessed by this family order, most certainly had
none as to where they We're exercised. II conld
make no manner of difference to the public
whether the tax was levied in Philadelphia or
Minnesota. The public were not affected Tie
order did not deal with them, but only with
its members, its own private family. 1t had
no stockholders to be subjected to risk, hard
ship or fraud. and it did not undertake to en-.
ter into any contract Its relations with the
members OF the complaining council had already
been established and presumably existed for
years. The lcvying Of the tax was simply pro-
vlding revenue for the continued existence Of
the organization Of which these compainants
were practically component parts.
''No reason, therefore, exists for the applica
tion to the case before us as to a rule of the
corporate acts beyond the limits of the state
creating tho body. and the appellants justly ask
MS to except them from 1t. Any other view
would compel us to the conclusion that all re.
ligio,s, literary, patriotic or beneficial societies
Of a national character, scope or origin, which
have been incorporated by the courts, by acts
Of general assembly or since 1874, under the gen
eral meetinps, transacting their bu,'ness aud
adopting rules and laws at places outside Of the
state"
The reversed decision was made by
Judge Weiss, of Dauphin county. Der
ry council, No. 40, Junior Order Of
United American Mechanics Of Hum
mullstown, asked Judge Weiss, of Har-
risburg, to restrain the national coun-
Gil, Junior Order United American
Mechanics. from collecting the Ma
tional council per capita tax, on the
ground that the session of the Nation-
al council at Minneapolis, Mimi, was
illegal, because the National council
was chartered under the laws of the
state of Pennsylvania and no sessions
held outside of the state could be
valid.
Judge Weiss decided that the Ma
tional council session held at Minnea-
polls was illegal. The State council
officers appealed the case to the Su-
preme court.
The decision is a decided victory for
the State council officers and the
subordinate councils who We're loyal
to the National council. The effect of
this decision will enable the hesitating
councils in Lackawanna county to de-
eide what to do, now that they have
the law. 1t is probable they will pay
the National council tax and all diff
ferences will be adjusted and har-
mony prevail once more.