The St. Louis Republic., 1904-03-27
Judge Orders Annnulment of Pro
Forma Decree of Incorporation
Granted Egyptian Club.
CALLS 1T BUSINESS SCHEME.
Attorney for Organization Files
Motion for New Trial and An
nounces Intention of Appeal
to Supreme Court.


corporation granted March 1 last to the
Egyptian Club. 1t was proposed to es-
tabish an amusement place for negroes
on Delmar boulevard near Goodfellow
avenue.
Judge Ryan said at the conclusion of
the investigation of the motion TO have
the decree revoked, which lasted until
after p. m, that the evidence showed
that the enterprise was a business scheme
formed for the purpose OF profit, and not
for the purposes set forth in the applica-
ton. and that the purposes had been fully
stated to the friend of the court when he
was investigating the matter.
Judge Ryan said the conditions which
prevailed among the property owners and
residents OF the locality in which the club
proposes to locate was no concern of the
court.
Neither was 1t question of the right
OF negroes to seek to promote an enter
prise for the benefit of their race.
QUESTION FOR THE COURT.
The question before the court was, Were
the purposes OF the club correctly stated
In the application, and did they come un-
der the statute under which it was sought
to incorporate?
The court did not question the assump-
ton that the i've negroes who now COM
pose the majority of the board desire to
engage in 1audable and commendable un-
dertaking and are sincere in their inten-
tion to promote the interest Of their race.
Judge Ryan said that he had known one
of them. Attorney Albert Burgess. for
years, and he knew him to be a man of
Ia
not lend himself to any purpose that was
not right The Judge assumed that the
other negroes on the board would act
likewise.
There was no evidence, however, he
said, TO justify the belief that the ne
groes would continue to control the board,
and be allowed to carry out the project
IN proper manner.
OF the three white men who asked for
the Incorporation, two OF them, William
A. Lauge and Albert r. Jacob, had tes-
tilted.
The Judge said the club had seen ct
not to have the third, William F. Kelly,
to appear.
The evidence of William H. Miltenberg-
er, Judge Ryan said, showed that Lange
Vas to share in the profits.
AIiltenberger is connected with the Good
fellow Investment Company. which con-
trolls the property on which the club pro-
poses to locate, It was stated.
The evidence OF Lange, the court said,
showed that the club was proposed to be
organized for business purposes. Lange
and Kelly were under the influence of
Lange, and Jacobs knew the purposes and
schemes of Lange, who acted in con-
junction with Miltenberger, said Judge
Ryan.
There was no question, Judge Ryan said,
that the incorporators did not intend to
start an association contemplated by the
statute.
SIGNIFICANT TESTIMONY.
Referring to the testimony of I,ange and
Jacobs, that they were still members of
the club, although they had resigned as
officers, the Judge said there was no legal
objection to starting an organization in
which whites might commingle, but it was
significant:
II the respectable negroes were to ask
permission to establish place Tor the
entertainment of members Of their race
during the Worlds Fair no court would
shut its doors
to show that there was to be library,
reading-room or anything of that nature.
The plans contemplated a theater, a
music pavilion and cafe, he said.
The referee was not informed as TO the
location other than that it was west of
Grand avenue, while at the same time,
the plans were prepared while there was
not a dollar in the treasury, he said.
Judge Ryan said that he had looked up
the law in regard to his right to invest-
gate the matter, which was questioned last
FRIDAY by the club, and was certain that |
he had authority.
Attorney Burgess, who represents the
club, filed motion for new trial ana
announced that he would take an appeal |
If the motion was overruled.
The investigation was made at the In |
stance of Attorney Arthur Digby, who |
was appointed to investigate the matter |
when the application for the pro-forma |
decree was made. He came into court |
last week and alleged that he was mis- |
led and was not informed that negroes |
were to be admitted to the club. While |
that would not necessarily entail the de- |
nial OF the decree, had he known II, he |
would have conducted the investigation on |
differ ent lines, he said.
He il represented in the case by Attor- |
ney Randolph Laughlin and former Judge |
John NJ, Wood. The matter was partly !
heard last Friday. and was laid over un-
I'll yesterday.
The arguments were made by Attorneys
Laughlin and Burgess.