The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-10
INJUNCTION BARS
THE COUNTRY CLUB
Signing of Golf Links Lease
is Delayed
Mr.. RAMSAYWRI SLETTER
is inclined to Think the Club Should
Not Be Hasty to Take Such
an Important
Step,
Mr.. RAMSAYW RITESLETTER

A temporary injunction was yesterday
granted DR.. Wyatt Helm restraining the
president and board of governors of the
Birmingham Country club from extending
the lease on the golf grounds. The in
junction was granted by Chancellor Ben
ners In the chancery court. and the de-
PENDANTS were given thirty days in
which to answer.
The board of governors of the club in
cludes Frank Fowlkes. Tom Bowron A.
L. Fulenwlder, r. II. Baugh. J. d. Kirk
patrick, J. J. Ashton. Webb Crawford,
Henry L. Badham. John NJ. Caldwell and
Culpepper Exum Erskine Ramsay is the
president.
The petition for the injunction AYERS
that four years ago the Country club
leased certain grounds for a golf course
from the Birmingham Realty company
for $500 a year rent, the lease to run ten
years. 1t further AYERS that a meeting
of the club was held on February 81 to
consider an extension of the lease for ten
years after the present lease expires, the
club TO pay $500 rent per year for the re-
naming six years of the old lease and
$1,000 per year for the ten years OF the
new lease
The petition further AYERS that the
board of governors Is planning to sign
a new lease next Monday night. At the
recent meeting OF the club 1t is stated
that only $50 members out of 500 were
present, and it Is averred that others
were not notified. 1t is further averreG
that to extend the lease would endanger
the solvency of the club and cause the
dues to be increased. The plaintiff made
a bond in the sum of $1,000.
President Erskine Ramsay has written
letter to the members of the board Of
governors of thesfclub sounding a note
of caution. lie is now en- route TO Mexico
on trip and could not be present at the
meeting Monday Following Is copy Of
the letter:
Ramsay's Letter to Board.
To the Board of Governors Birmingham
Country Club:
Gentlemen-As the writer will not be
present at the board meeting Monday,
the 1lth inst, and in view of the impor
tant matter that will come before you
for consideration and action, have
thought IL wise TO make Known my IDEAS
touching these matters.
You are aware that at the special meet
ing of tho members of the club recently
hold at tho club ho,,so the board was al-
thorjzed to sign a new lease on the golf
grounds and TO provide or devise the
necessary means for financing the addi-
tional obligations which the club will In
cur in making the new lease which pro-
vides that $500 per year shall be paid for
the next six wears instead of $500 per year
as at present. and $1,000 per year for the
nevt ton vears
Tho now lease for the links was | nm
derstand drawn nv the Realty company,
and as far as | know. has not as yet
heen thorouphIv scrutInized by the club
or its officers While 1t Is not intimated
because I do not know one way or the
other. that there is anything in the lease
as drawn. detrimental to the club inter-
ests and of such character that It could
not enter into the contract with jusce to
itself at the same time it would seem to
no nothing more Than plain business pru-
denee to have the same carefully gone
over either by the board or a portion OF
the board. and I'm In any event the clubs
a ttornev should PASS on the technical and
legal nrovisions of the lease before ii is
signed This should be done even though
the signing of the lease Is delayed to an
a
ShouId Protect I.sen.
For the protection of the club 1t should
be specified in the lease that no matter
how much the club might be IN default
at any time in its payments for rent on
the golf grounds that the Realty COM
pany would have no claim on the CLUB
other than a taking away from the CLUB
of the golf grounds. In other words, the
lease should specifically set forth that the
Realty company would I'm no event have
any claim on the clubs house or the
grounds. or its other assets or resources.
The interests of the club for the future
demand this and proper provisions should
be made in the lease covering the propo-
sitlon.
Tho proposed lease sets out by metes
and bounds the property 10 De ieaseu. ~
onou.u 20 p'op ",,,,a -, NO c1,,h has now
So'ei' 9uNi ~ -, In 20 oo,rso
VI iequ ,a 90 co." ~. ."e go I'll.
','e -, -, ,,...saa h, .ho
heh ing iesoiu.lon ""' $4,000 ~
eiuo ine.,ioois a. ','af 1.1,thnri1od 10
poaio VI eovei no,' 10 -. Ia,'Iss ,ho
iiahe lne ieaso anu ~ e.ee,, 49,, sa,,,o
Ha9S anu means 40 ''' - - 80
ms was einpouieu =, LIZ ~ 80 ahIIaao
" -, ~ ,,,.,,.i,ia no en,nci,I
tioh oh eiie poaiu ~ - 800 I
mdss ""u :. oss,,rS, "a nro,,ide tho
''eNo' 80 - 49,, a,,d 10 do tbis
i iieais " iai9e w s,,,,t ~ cl,,h,s ~
proper coihpiiahce VIZ" ~. ,it'',,t,. ~
%. w.. ,ar rat,acatIon tho lease
10 us members ior ' n;, ia ,,atI
III sun eFe"' ,r,io 80, eon,nany would
PASSED upon nv "e"e' ,.,t,,pney,ept a.