Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-19
INJUNCTION TO ISSUE
ACTION OF COURT PREVENTING
ORDER OF EXPULSION.
Restraint Upon Executive Committee
Of Association Of Machtnists
in Call Case.

Chief Justice Clabaugh in Equity Court
No 1 today announced his intention Of is
suing an injunction to prevent the general
executive committee of the Grand Lodge Of
the International Association OF Machinists
from ordering that Nathan A. Cole of Ho-
boken. N. j.. be expelled from Elysian
Lodge. No. S51. l. A. M. at Hoboken. The
order of the court will also prevent the
counting of certain ballots, on one set of
which the name of the complainant ap-
peared and on another set of which 1t was
omitted for delegate to a convention of
the American Federation of Labor. Counsel
for the defendants gave notice that an ap-
peal would be taken
The Grand Lodge of the International
Association of Machnists and its general
officers Edward L. Tucker member of the
general executive committee of the asSo-
cation, and Robert H. Cowan, member of
the counting committee, were made defend
ants in the suit filed by Cole in January.
Compliments Allegation.
The complainant alleged that as a MEM
be In good standing IN Elysian Lodge of
Hoboken his name had been placed in June,
1905, on the ballots for delegate to repre-
sent the machinists association at the con-
vention of the American Fedora ton of
Labor; that he not elected on the first
count, but received the second highest num-
Der OF votes; that on the second ballots
issued below his name appeared notations
or character tending to injure his inter
ests, and that. Notwithstanding these al
legged injurious statements, he received ac-
cording TO his belief, a vast majority of the
votes cast. Furthermore, 1t was alleged
by the complainant that the general execu-
tive board had forbidden the counting of
these ballots. ordering an entirely new set.
from which the name of the complainant
was omitted. to be sent out.
In his opinion Chief Juc-ina Clahapub
held that the complainant is still a mem
Der OF Elysian Lodge and that he could
not be expelled therefrom by order of the
Grand Lodge without a formal citation of
charges and a full hearing Under the gen
erai charter. the court held the local lodges
are empowered to pass finally upon the
qualhcatfon of members. The Grand Lodge
1t was held, may discipline subordinate
lodge. but may not interfere with the mem
bership of an individual without proceeding
through the subordinate lodge The court
commented upon the fact that the subordin-
ate lodge had refused to eXpeI the COM
plainant and also that no charges had been
preferred and no hearing had in the man
ner prescribed by the constitution of the
order as the court interpreted it.
Invalid Under Constitution.
Inc chief justice announced that an in
junction would Issue to prevent the count
ing OF both sets of ballots, the court mold
ing that the number containing the nota-
TONS referred to were invalid under the
constitution, which provides that only
names OF candidates appear thereon. The
others were held to be Invalid becausa the
name of the complainant was not nrinted T.,
the list of candidates. AS to ordering that
a new set of ballots be issued as nett
TONED by the complainant. the chief Justice
remarked that he was in doubt on that
point. since IT appeared to he too late for
aie accomplishment of the desired result
me complainant was represented bv At
torneys Brandenburg & Brandenbure
for the defendants P''oi GU