Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-08-05
would appear that the youthful couple
have eloped or intend clipping.
LEGAL TANGLE OVER CARAVAN
Y. A. Troutman Brings. suit for an
Accounting.
10 Pearl St. Tel. 48,

Y. A. Troutman Brings. suit for an
Accounting.
r. A. Troutman began suit in the district
court yesterday against the Council Bluns
Street Fair and Carnival company. Of which
he was formerly secretary, asking for an
accounting, the appointment Of a receiver
and the distribution OF about $4,000 which
H. II. Van Brunt president OF the company,
is alleged to have in his possession in
money or stock as trustee.
Troutman up TO a few months ago was
secretary Of the Council Bluffs Elks' lodge
and custodian Of the clubhouse, as we'll as
being secretary Of the carnival company,
the inoorporators Of which are all members
Of the lodge.
In the suit filed yesterday H. II. Van
Brunt, H. A. Searle, II. A. Quinn, W. A.
Maurer Victor Bender, b NJ. Sargent and
Emmett FINLEY, the incorporators and on
GERS OF the carnival company. are named as
defendants.
In his petition Troutman recites that the
company was organized IN 1893 for the pur-
pose Of holding street fairs and carnivals,
the profits from which were TO be devoted
TO the use and beneft Of the Council Bluffs
lodge Of Elks. That this was the case Is
well known The E1ks' grand lodge pro
hibited subordinate lodges conducting street
fairs and carnivals or deriving any profit
directly therefrom and the carnival com
pany was organized in consequence, fol-
the auspices Of the local Elks lodge.
! lowing the first street fair and carnival In
this city, which was given directly under
The profits from the last two street
fairs we're invested by the officers of the
carnival company in the Elk club house
building stock with the intention Of turn
| ing the stock over to the lodge. This,
| however, has not yet been done as there
is a grave question whether under the
ruling OF the grand lodge the Council
BLUFFS lodge can accept II. Consequently
the stock purchased from the profits Of
the street fairs still remains in the hands
| OF II. II. Van Brunt, president Of the car
nival company. as trustee.
| Troutman, as the basis for his suit, as
serts that the company has never COM
| piled with the statutory provisions govern
i ing the formation or management Of cor
porations and that the alleged incorpora'
tlon has never been in, existence. II
| fact he asserts that all, the business Of
the company has been done as CO
partnership in which each member, includ
ing himself, had an equal share. Aftel
recitlng the law Of the Elks grand lodg'
prohibiting subordinate lodges from beinl
interested in street fairs and carnivals h
asserts that III. II. Van Brunt as truste'
is holding about $4,000 in money and
stock. .......
He complains that in June Of the presen
year the company held meeting withou
his knowledge and formed new 90
partnership of which he is not mem
Der and lie now conducting the same unde
the auspices OF the Commercial club.
Friends Of Mr.. Troutman state that h
Is not bringing the suit for any purpoe
Of financial gain but with the intention
OF compelling the ofiicers to turn over tn
profits where It was intended they shouit
Co. namely the Elks lodge. The article
Of the Council Bluff Street Fair AM
Carnival company provide that the incor
porators thereof shall not derive any pc
cuniary beneft from the management o
business of the Incorporation.
II IL stated that at the meeting of tn
Council Bluffs lodge of Elks last F'rida.
| evening the officers Of the Carnival com
pany rendered the lodge sl2Soo In stock o
the club house building but that Exalte
Ruler e. II. Walters informed them tina
under the ruling Of the grand lodge. tn
Council Bluffs lodge had no right to &C
cept the stock and % the matter rests.