The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-04-03
ANSWER FILED
BY TOMOCHICHIS
SURVIVAL OF THE FITTEST"
is THE WAY THEY CHARACTERIZE
CONTROVERSY WITH GUARDS.


Claim the Guards Are Attempting
to Disrupt the Club by withdraw
ing From NATURALIZATION to
XIII the Club Declared to Be Turn
ing Upon the BenefactOr.
Merely a question of the survival
of the fittest" is the way the Tomo-
chichi Club charaoterizes the evident
war that is on between the Savannah
Volunteer Guards and themselves.
The significant sentence is construed
to mean that the struggle is one of
war TO the knife and the knife to the
hilt, and the indications are there will
be a hard fought legal battle before
things again resume their normal con-
dition.
Yesterday the Tomochichis filed their
answer to the application of the
Guards for an injunction, restraining
them from sub-letting parts of their
quarters to the Elks, a summary of
which was published in the Morning
News last week The answer alleges
that a declaration of the survival of
TIE lllleSl, anu that lIlG dudI 10 MOulNA
survive was made at a recent meeting
of that organization. 1t is further al
legged that the suit is not brought in
good faith.
The ma tier was set for a hearing
yesterday and had it not been for the
fact that Messrs. Adams & Adams,
counsel for the Guards, were engaged
in the United States courts, the battle
would have begun. The TOmochichis
were on the scene with an imposing
array of counsel composed of Messrs.
Hitch & Denmark, Messrs. Twiggs &
Oliver and Capt. D. c. Barrow An
nouncement of the unavoidable alb
| sence of Messrs. Adams & Adams
| caused the case to be continued.
The attorneys for the club filed spe-
| cial and general demurrers attacking
the sufficiency of the application of the
Guards Later an answer, covering
eleven closely typewriter pages was
filed, in which they set forth their
| grievances and give a detailed state
ment of the history of both organiza-
tions, and the beginnings of the alleged
end of one or the other
Club Formed to Help Guards.
The history of the Tomochichi Club
and it's alleged objects make very in
teresting reading. The answer states
that in November, 1899, the Guards
were placed in the hands of a receiver,
and that this action necessarily did
away with the social club, which had
been a feature of the Guards organi-
cation. The outstanding bonded in
| debtedness was secured by second
mortgage of $4,000, but the creditors
| demanded some certain assurance that
| the principal and interest would be
gradually reduced by regular incomes.
To aid in this the Tomochichi was
| formed, and the nucleus of the club,
| alleges the answer, was formed of
members of the old Guards social
| club and of the Guards themselves.
| A lease was taken out by the club
| for it's present quarters at rent OF
| 81 200 per year, with the privilege of
renewal for ten years at $1,000 per
year. The club claims the quarters
until 1914.
In pursuance to the lease agreement,
the answer states, the club members
| renovated, beautified and fitted up the
rooms at a large outlay and thus
greatly increased their value. In ad-
dition, a bowling alley was built,
which increased the monthly income of
! the Guards by $1656.
BEGINNING of the Trouble.
A short time ago, it is alleged, the
| Guards asked the Tomochichis to va
cate the premises the request being &C
COMMANDED with no offer to reimburse
| them for their outlay. The plea given
| for the request to move was that the
| quarters were needed for the re-es-
| tablishment of the social club. fea-
| ture which was held to be germane to
| the existence of the Guards.
TO this the club replied by offering
| the Guards the upper floor which
generous and amicable' offer the
| Guards rejected. Then begins the
more interesting bits of reading:
1.-THE Guards have no purpose what
ever in >objecting to the occupancy of
the said quarters by the B. P. o.
Fll<s." reads the answer, than to an
nov and harass this defendant and set
| in motion legal proceedings looking to
| its eventual eviction from the prem
| ises."
! In proof of this assertion attached to
| the answer are copies of letters pass
| ing between Maj Williamson and Col.
| Robert L. Colding, exalted ruler of the
| FllSs. regarding the rental of the rooms.
| A letter is also attached in which the
| Flks are offered the use of the Guards
| assembly hall, free of cost, for holding
| their convention. This is construed by
the defendants to mean that there is
no opposition to the Elks on the part
of the Guards.
Much Feeling Manifested.
The real reason for the suit, the
Tomochichis claim, is that the letting
of the rooms to the Elks would tend
toward the permanent occupancy of
the present quarters by the club. 1t
| is commended that the objections of the
Guards are captious, arbitrary, and not
made in good faith. Continuing, the
answer saws
The Savannah Volunteer Guards, IN
pursuance of it's desires and purpose
to regain possession of it's rooms, has
approached a number of the club MEM
beers and attempted to induce them to
resign their membership in the club.
AS a coincidence to this conduct on
the part of the Guards, number OF
it's officers and most prominent MEM
bers, who were also members of the
club. have lately resigned their MEM
bershiD."
The feeling is growing stronger daily,
and it is certain that the matter Will
be contested holly in the courts Both
organizations have settled down on the
survival of the fittest" plan, and will
fight it out to the end The outcome
will be awaited with interest.