The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-27
COUNTRY CLUB HAS
MEETING TONIGHT
viii Take Up Signing of New
Lease on Grounds
HELM MAKES STATEMENT
Contends That Chancellor's Decision
Was Not Such as to Justify Gov
errors In Proceeding to
Sign New Lease.

y meeting of the Country club will be
tie signing of the new lease on the golf
gr DIS by the board of governors. The
meetings was called on application of ten
members, and the action of the governors
will either be ratified or repudiated at the
meeting.
The matter has been in the courts and
the temporary injunction obtained by
DIR. Wyatt Helm was dissolved by the
court, following which the lease was
signed. The lease provides for an an
nual rental for the next six years of
s2oe) instead of $500, and an annual rental
o. $4,000 for the remaining ten years of a
sixteen-year lease.
n discussing the matter last night,
DIR. Wyatt Hefin, who secured the in
junction, and is active in opposing the
new lease, said:
This proposed action of the governors
was vigorously opposed by many MEM
bers, who deemed it unwise to increase
the expenses of the club beyond its re-
This opposition continued In the securing
of temporary injunction to restrain the
proposed action of the board of governors
but before doing so l called upon ma
jority of the board and requested that
the signing of the proposed lease be
postponed until the appeal that had been
taken could be heard.
1.-THE members of the board declined
to accede to my request and the tenn
porary injunction was issued by Chan
cellor Benners.
III ne board of governors and the Coun-
try club, represented by them, appeared
miss tho bill for want of equity, and also
filed an answer denying that the pro-
posed lease was detrimental to the best
interest of the club, and denying that
it would result in financial embarass-
ment to the club, and insisting that said
proposed lease was a most desirable
contract.
THE motion to dismiss was the gist of
the defense, and raised the question of
the sufficiency of the averments of bill,
as a predicate for the relief prayed for
MS iOtioH was oNtIlultu, lnt Clihl-
cellor sustaining the equity of the bill.
and in effect holding that If the allega-
tons of the bill were established by
tn, proof the proposed action of the
board should be enjoined and restrained.
Under the law, upon the allegations of a
bill for injunction being denied under
oa..l, the chancellor may dissolve the
temporary injunction, but this does not
decide the case, nor the merits Of the
cc-e, and the chancellor stated in open
co 1T that any action taken by the board
of governors pending the final determine
ton OF the case, would be void, and not
binding on the club.
Although this is a well recognized
principle of law, and was mentioned by
the chancellor in his decision, the board
of governors Immediately signed the
lease.
This action of the board may have
had some tendency to create an impress
sio:: that the proceedings In chancery
had terminated, (which is not a fact. On
the contrary, the courts decision was
substantially in favor of the complainant
The meeting tonight will determine
whether the action of the board is to be
approved or repudiated by the members"