The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-03-27
Court of Appeals Holds That the
Organization Had the Right
to Expel Him.
OTHER CASES ARE DECIDED.
Peoples Railway Suit for Use Of
Tracks Transferred to the
State Supreme Court
Additional Opinions.

the Jefferson Club Association in expelling
William A. Brandenberger as a member of
the Jefferson Club.
Brandenberger was treasurer and a d.
rector Of the club. On February 20. 1900.
charges were preferred against him.. signed
by three members Of the club-Clinton
Boogher. Andrew ]. Butler and Thad C.
Harris-alleging that he allied himself with
another political organization antagonistic
to the Jefferson Club. The organization
have affiliated himself was formed. it was
stated. for the purpose Of organizing a
bolt in the Democratic Convention unless
the convention would adopt certain theories
and make them an issue in the next mu-
nicipal campaign.
Brandenberger was notified of the
charges, which embraced several counts.
and the matter was set for hearing before
the Board of Directors of the Jefferson Club
March 3, following. Brandenberger appeared
and filed n protest reciting that the direct
ors did not have jurisdiction to try him
| under the constitution of the club. He de-
| MED that the charges were true and averred
that If they were true that they did not
I constitute an offense. He refused to make
any statement.
The directors sustained the charges and
| voted to expel GRANDCHILDREN, who applied
to the Circuit Court for a writ Of man
damus to compel the directors to allow him
| to exercise his rights as a member and Of
ficer of the club.
The matter was referred to Judge With
row, who then occupied the bench in Divi-
sion No. 3 Of the Circuit Court. Judge
Withrow denied the peremptory writ Oh
mandamus asked for and Brandenberger ap-
pealed.
The Court of Appeals in afirmin the de-
cision of Judge Withrow, states that a go
ciety ought not to retain a person who re-
fuses to conform to its rules. or. to assist
in accomplishing its objects, or. makes him-
self obnoxious to the majority. The by
law of the jefferson Club. which authorizss
the expulsion of a member for cause. the
Court states. Is in m with the statu-
tory provision.
Suit Of the Peoples Railway.
The case of John H. Overall. as transferee
of the Fourth Street and Arsenal Railway
Company, against the st. Louis Traction
Company, growing out of an alleged con-
tract with the Peoples Railway Company
to rent a portion of the Peoples companys
tracks was ordered to be transferred to the
Supreme Court. 1t was averred that under
the alleged agreement the Fourth Street
and Asenal company was to pay the Peo-
pies company $3.50 a year, II the People
company furnished power, and $,aO a year
without power. the contract to run until
June %. 1885. 1t was pleaded for the defense
that there was another contract, which took
the place of the contract alleged by the
plaintiff. under which the Fourth Street and
Arsenal company was to pay 5000 a year
for the use of the tracks, the contract to
expire March IS. 1882. The Court of Appeals
held that the amount of rental in ,contro,
versy under the lowest terms alleged would
amount to a sum greater than the Appellate
Court has jurisdiction over.
The Appellate Court affirmed the finding
s Of the 9w sgtsrs s9T Ir,o declaring de- Mrs w VOID an an
harrington of st. Joseph, Mo-, and William
T. Ryan, in which Mrs. Darlington agreed
to allow Ryan oneo5hird Of what he could
life of her husband. Charles c. Darlington.
The latter died September IS. 1896. The
premiums on the policy were paid from the
and by the terms Of the policy 1t would
not be forfeited until after the date of her
husbands death, she averred. She did not
tered into the contract with Ryan that
the policy was good, she averred.
The case Of the State of Missouri against
William A. B~ohnenkamp was reversed. The
record in the case shows that ~Bohnenkamp,
an employe Of a distilling company. was
fined In the Court Of Criminal Correction
out having a dramshop license. Bohnen-
kamp pleaded that his employer had a man
be sold in quantities not less than a gallon.
provided the wine was not drunk on the
premises. 1t was shown that the company
bought juice of grapes in q raw state and
added other ingredients and prepared it for
use; The Appellate Court held that the
business Of the company brought 1t within
the meaning of the statute In regard to
manufacturers.
Other Decisions Rendered.
The Appellate Court reversed the decision
Of the Court of Criminal Correction finding
Frank Cornwall guilty under an Informal
ton containing two. counts and filming him
500. The record in the case shows that
and larceny, and the thing alleged to have
been embezzled. a frame picture valued at |
stolen.
The other decisions were:
J; J: B,ek; resp: vs.; Berry overtelt. app:
Charles Jaccssneyer. Jr.. : e. fs al. Plaintiff app.
F ES; EElsz c5 5assS:m nsysr.e Ct and nd' rs asisnSsns app;
John H; Pgsh; resp; ys; 4; W; Maupin. app:
ST Mi ssaT1f sE dGSnss E%l eeRfs' eompanyl resp. VS..
Louis Bry e. al. apps; city; AFFIRMED.
R fs,a r e r, s ss,i a PPIsin siiy; in 1es sfFss. vs. Augusta
c Gaia,sn Affirmed IT r nls defendant IN error; St. Louis
Urban {sme Rs MSAudr cSnp pasp;. ar; st, st. LOUIS heu dsd c sae.
Jason ~: Aesl.on, etc.. resp. VS.. H. L. Stroud.
.ilnse5nsslonai Bank Of St SS,,5 Louis : 1s sEs., vs. s., An \,
defendant apps. city: reversed and renamed
With John di Ws SYKES. resp, VS.. st. 1ou,, and San
Essnsisss RAILWAY Al; c COMPANY a app; nDs Ely: 5 Sss4;
X. & L. Of H. resp: city; affirmed: -.
er 1Ghn a A; "e GisTk ic0 assR;i g rever sedep and ia re-.
sl s'sss K ct te al. h 1esDs; :; city, ti:a appeal ara dismissed: a.
u Eyansvl Issn Grain eI9v. c aefmaPTmeySi. app vs. John
Joseph ?: scn e,T! sf'irn neSR.. vs. C.. B. & 9.
Mary Killing. resp. VS.. VIM. Klemme. app:
city; appeal dismissed.
Court Of Z Criminal Correction; affirmed.
Ruling Made on Notions.
The following motions were passed on:
m aGalad fy re- reh lea RI &c cverruied. Oue"e''
state OF Missouri vs.. John T. Jordan; motion
3. J. Payne vs.. School Dist. s-25-1o: motion for
rehearing overruled.
Harry n. Wes,bay VS.; G, D. Millisan & Son;
Company; motion for rehearing stricken from the
hl ssr se e Wae sfsa Gu IS. Sly Of South CORN: mo-
tion for rehearing overruled ~,
ct f al: motion for rehearins oveTruled. -
Agnes o'Day Crawford VS.: NJ; n. Johnson;
'ss f p al Icy Mc eR Z vs. .01 I. p J. Uiem a' Ct al: mo-
ton fer costs overruled.
l. B. Cravens vs.; Joseph Hunter; appellant al
loved aPPeilssn,!I for gg FIn,eda 1 Rs,nss! IS allowed
af PstrieE H. / fpesnan vs.. Emmett B. thorough
{. o. %G sheppald vs.. +. {. Smell ct al: motion
for rehearing overruled.-
II Bank 4as. e Lad aTsara II, F. s. Ffiar ct al: motion
Dawson IS. waldham:. motion for rehearing
overstreet VS.. Moser: motion for rehearing
W; r. Riteh,e ct al; vs.; 7; s. Carter ct al;
e. H. Dickman VS.. John E. Young: motion for
rehearing overruled-- !
st, State 10, * 81 rel e., W. n,,n u; a. ab sfrp%ah' appehah. a.