Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-23
KNIGHTS OF LABOR CASE.
Decision Handed Down by Mr.. Justice
Duell,

BY an opinion written by Mr.. Justice
Duell and handed down late yesterday. the
Court of Appeals reversed, with costs, the
decree of the lower court in the case OF
John w. Hayes and others. appellants,
against Simon Burns and others, and re-
manded the cause with directions to dis
miss the bill of complaint. This is the
ong-standng controversy between the
Burns faction and the Hayes faction"
of the knights of Labor, the fight being for
the control Of the organization.
Simon Burns and five others who claimed
to be the legally constituted order and Of
ficers of the Knights of Labor" and as such
entitled 10 the possession of all Of the
property of the order, filed suit in equity
June q, 1903, against John w. Hayes and
five others. The defendants, 1t was alleged
falsely claimed to be the officers of the
order and were in possession of all of its
property
The Supreme Court of the District of Co
lumbia June 81 last decided that the Burns
faction were the duly elected officers of the
order and entitled to the control of its
property, and the defendants were directed
to turn over such property. including the
books and SEALS badges and other para
phernalia in their possession. Hayes and
his associates promptly appealed.
According to the Court of Appeals. the
sole question at Issue was which set or
men were the legally elected officers of the
sought such as possession of the property,
was incident to the main question. and that
until the question of title to the offices was
determined there was no other question
that the court could pass upon. Both par
ties claim to have been elected officers or
the order at the same meeting of the gen
eral assembly held at Niagara Falls, N. Y,
in November, 1902.
According to the Court of Appeals, as
Hayes and his associates were in possess
sion of the offices. the compliments had
no standing in court until 1t was legaliy
proven that they were the duly elected
officers of the order The appellate court
holds that there was no power in the trial
court to pass upon the question of the title
to the offices, the suit was brought on
the equity side of the court.
The Court of Appeals explains that 1t
has been repeatedly and uniformly held
that a court of equity has no jurisdiction
to try the question of title to an office IN
an incorporated private corporation such as
is the knights of Labor, which Is cor
pora ton duly Incorporated under an act or
Congress relating to trade unions IN the
District of Columbia. The decisions or the
courts throughout the United States, 1t Is
added are substantially uniform in holding
that the proper remedy to determine the
question of title to offices in private cor
poration at common law is by quo war
ranto In many of the states the statutes
provide this remedy, and provision is made
in the District code, enacted before the
commencement of the suit, for the same
procedure
In conclusion the Court of Appeals says
that the main or sole question to be first
determined in the suit was whether the
'.Hayes" or Burns" faction were elected
at the Niagara Falls general assembly, ana
as this question cannot be passed upon in
the pending suit, which is on the equity
side of the court, it follows that the trial
court should have dismissed the complaint
The decree of the lower court sustaining the
BURNS faction is reversed and the case is
remanded with instruction to dismiss the
proceedings.
Attorney Henry E. Davis represented the
Hayes faction.