The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-04
JOE WILLIAMS RESTRAINED FROM
ENTERING BONAVENTURE CEMETERY
Courts Decree Covers All Grounds of Contention
and Grants Injunction Asked For.

ings were termed "a meeting Of lot
owners of the Evergreen Cemetery
Company at BonaVenture" After that
date it was sometimes called IN the
minutes 1.-THE annual meeting of the
Evergreen Cemetery Company except
in one instance, June g. 1893, when 1t
was termed "a meeting of stockhold-
ers.' From 1894 down to 1903, inclus-
i've, the minutes speak of it as "the
annual meeting of the Evergreen Gem
etery Company" The last meeting was
held June 9, 1908, and is termed in
the minutes "the annual meeting of the
Evergreen Cemetery Company Of Bon
adventure" 1t is stated in the minutes
that at this meeting a ajority of the
stock" was represented by Col J. H..
Estill, Mr.. w. NJ, Davant Mr.. Albert
Wylly and O. c. Newcomb.
1t was conceded in the argument
that all of these We're lot
owners at BonaVenture, except Mr.. Da-
want, and that he had a power of at
torney or proxy, from one who was
lot owner.
At this meeting the present board of
directors, or managers, was elected. On
the same date these newly elected d-
rectOrs met and adopted the following
bylaw:
mo lot holder or other person shall
remove from the cemetery or any lot
therein, any tree. shrubbery moss, flow
ers or plants of any kind whatever,
without the written consent of the
chairman of the Cemetery Committee
first being obtained. No person, other
than lot owner or members of his
family, shall be allowed to work in the
cemetery or any lot thereof without
the written consent of the chairman of
the Cemetery Committee first being OBJ
tanned. No lot owner or member of
hn al tn arb
for compensation in any other part of
the cemetery or upon any other lot
thereof than his own without the writ
ten consent of the chairman of the
Cemetery Committee first being OBJ
tanned"
The defendant Williams had for q
number of years been in the employ
ment of the Cemetery Company as a
Iaborer in the cemetery, but a few
years ago he resigned that position,
and took contracts with various indi-
vidual owners of lots to attend to their
lots for such compensation as might
be agreed upon between him and them,
In the course of time bitterness of feel
ing sprung up between Williams and
Il man by the name of Dotson, who
was appointed by the board of direc-
tors as general superintendent of the
grounds of the cemetery and the work
there. Dotson was in general charge.
and Williams was working in the GEM
etery, not under his employment, but
under the employment of individual lot
owners as above stated. Charges and
were made in the plead
lnGs and evidence by Dotson and VIII
llams against one another, which it is
not necessary to notice here.
After the passage of the bylaws
above referred to Williams was forbid
den to enter the cemetery to work any
further. For some reason the Gene
terry company desired to have him ex-
cluded by injunction, and this petition
was filed.
1t Will perhaps contribute to clear
ness of statement in discussing the
law of this case. to take up the con-
tention of the defendant first. It is
insisted, with great force, by counsel
for the defendant that under the or
ganic law of this corporation the own
ers or proprietors of the lots or sub
divisions made in the said tract of
seventy acres described in the preamble
to the act of Incorporation are MEM
bers of the corporation and none others.
tt is urged that the charter limits
membership in the corporation to those
who own lots or sub divisions in the