The Savannah morning news., 1904-05-20
GIIAROS UPHELD
IN LITIGATION
AGAINST T0MoCHICHI CLUB.
uDGE sEABROOK RULED AGAINST
sUBLETTING TO ELKS.

Two Points Were Argued by COun-
.eI-Hnve the TOmOchichis the
night to SubIet, and if Not, Is the
present Litigation the Proper
Remedy TO Stop 'Bhem from Doing
so.-Case Will Be Appealed by the
TomOchichis to the Supreme
Court.
Unless the Supreme Court should re-
verse Judge Seabrook the Elks will not
occupy quarters in the Guards Arm
CRY.
In the Superior Court yesterday the
difficulty between the Volunteer Guards
and the Tomochichi Club was argued,
and the decision of the court was
against the Indians.
Al the outset of the case Judge Sea-
brook announced that he would limit
counsel to two hours for argument. He
called attention to the fact that though
there had been many allegations made
bv both sides to the litigation, that, in
the last analysis, there were but two
questions to be argued.
These questions the judge then out
lined and asked counsel to confine
themselves to these alone. In the orig
NAL charges and answer there were
allegations of bad faith, and that the
whole struggle was merely question
of the survival of the fittest.
The two questions which the court
asked to be argued were: First. Has
the Tomochichi Club the right to sub
let? Second. If not, is the pending
litigation the proper remedy to keep
them from doing so?
The Guards were represented by
Judge Samuel B. Adams. and Mr.. A.
Pratt Adams. The Tomochichis were
represented by Messrs. r. NJ. Hitch,
David C. Barrow and F. M. Oliver.
Several members of both organizations
we're among the interested spectators.
as were also several Elks. members ot
the order to which the Tomochichi CLUB
had intended to sublet quarters.
Claims of Opposing Parties.
Judge Adams, arguing for the Guards,
stated that all contract rights of the
club were respected and that there was
no desire to infringe upon them. The
claim which he advanced however, was
that under the contract there was no
right given to the club to sublet quar-
ters to any person or organization
whatever.
The club has only usufruct, it was
commended. This does not give it the
right to sublet. There was no objec-
ton to the tenants as a class, but the
Guards held that there was no right to
sublet to any one.
Maj. w. w. Williamson submitted an
affidavit to this effect He said that
there was no objection to the Elks as
an order, but the Guards felt that they
must maintain their rights.
The claim of counsel for the Tomochi-
CHS was that by reason of the contract
with the Guards the club had IAN
estate for years." If this were the
case, during the time their lease held
the rooms were their property and if
they saw fit they could sublet to the
Elks, or any other organization.
At the conclusion of the argument
Judge Seabrook announced his decision,
UNFOLDING the contentious of the
Guards. The decree will be prepared in
accordance with his decision as out
lined, and he will sign it upon his re-
turn to the city Saturday.
Trouble Between Organizations.
L lie uIlllCully UGIN cell IlAS LWO VI
ganizations is familiar to readers of
the Morning News, a full account of it
having been given at the time the suit
and it's answer We're filed with the
clerk of the court.
The Tomochichis desired to rent out
a certain portion of the room they
had rented from the Guards to the
Benevolent and Protective Order of
Elks. Arrangements had been prac-
tically completed when the Guards
stepped in and asked that a temporary
and permanent injunction be granted
by the court, restraining the Tomo-
chichis from subletting.
A few days later the Indians filed
their answer. The answer alleged that
the Guards were dealing in a small
spirit, that the only object they had
in view was to destroy the Tomochi-
CHS, and that the entire question re-
solved itself into a survival of the fit
test. The decision of Judge Seabrook
will not end the matter, as counsel
will appeal at once to the Supreme