The Appeal., 1910-06-04


Dissolve the temporary writ of injunc-
tion heretofore issued in this case, it
is the opinion of the Court from the
allegations of the petition of the de-
PENDANTS answer and from the evi-
dence: .
That the charges were preferred
against w. F. .Bledsoe and +. W.
Gross as set forth in plaintiffs petit
tion as shown by the evidence intro
duced on tbs hearing; that after due
notice to the said w. F. Bledsoe and
F. w. Gross, they were duly and reg
ularly tried upon said charges upon
testimony heard and considered and
found guilty: that the charges upon
which they were tried were offenses
against the constitution and bylaws
of the order and subjected them to
the penalties inflicted, to-wit: re-
moval from Office and suspension and
expulsion from the National Grand
Lodge, and from the order: that the
proceedings of said trial were had be-
fore the tribunal provided for in the
Constitution of the order, and known
as the National Grand Executive Com
mittee, which had jurisdiction to
weigh and determine the matters in
volved in said charges that all of the
proceedings of the said Committee
were subsequently heard, approved
and ratified by the National Grand
Lodge in regular session and duly ap-
proved and ratified by that body.
II.
colludcd with Walter NJ. Farmer and
others for the purpose of seeding
from plaintiff National Grand Lodge,
as alleged in plaintiffs petition, and
did in pursuance thereof incor-
porate an independent National Grand
Lodge, known by the name of the
United Brothers of Friendship and
Sisters of Mysterious Ten of the
World, and selected the said Walter
NJ. Farmer, as National Grand Mas
ter, and the defendant w. F. Bledsoe,
National Grand Treasurer, and that
all of the other defendants have rat
ified the acts OF the said Farmer and
Bledsoe in seeding from plaintiff and
establishing such independent organ
iZation.
That the said w. F. Bledsoe, F. w.
Gross ana all of the other defendants
herein have thrown off allegiance to
plaintiff and National Grand Officers,
as alleged in plaintiffs petition, and
Joined in an effort to establish the said
Walter M. Farmer as National Grand
Master, and to persuade and induce
the membership Of the order in the
State of Texas to recognize the said
Walter M. Farmer as such National
Grand Master, acting by and through
such Independent chartered institution
incorporated in August, 1909.
III.
! That since 1908 the defendants, w.
F. Bledsoe, F. w. Gross. Joseph
Nicholas and D. H. Starks, have been
attempting Wrongfully to act under
the authority Of the said Walter NJ.
Farmer, and have been wrongfully
receiving and causing to be distribut-
ed to the membership in Texas a
pass word made up and sent out by
the said Walter M. Farmer, who is not
an officer of any kind authorized to-
make up and send out said pass word,
and that this is in violation of plain
tiff's Constitution and Bylaws.
w.
That said Bledsoe, Gross, Nichols
and Starks have been collecting or
causing to be collected from the mem
bers Of the order, a National Grand
per capita tax, under which the Con-
stitution and Bylaws of the Order is
provided for plaintiff National Grand
Lodge; that the amount so collected
amounts to more than One Thousand
($1.000.00l Dollars. all of which has
been diverted, misapplied and wrong
fully spent. a part of which was paid
out by order of the defendant Bled-
soc in collusive law suit between
the said w. F. Bledsoe and Walter
M. Farmer, which acts of nMsapplica-
ton have been assented to and ac-
qulesced in by the other defendants
herein, and that all of the defendants
have been alleged acting under the
authority of the said Farmer, who ac-
cord;ng to the facts, is a usurper.
1t is the opinion Of the Court that
all of the material and substantial al
legations of the plaintiffs petition are
true, and that the acts complained of
have caused schisms, diversions, un-
certainty and great confusion among
the membership of said order in the
State of Texas, and if the defendants
are permitted to carry out and do the
acts complained Of it will result great
ly in the order in the State Of Texas,
and will result in detaching the order
of the United Brothers of Friendship
and Sisters of Mysterious Ten of the
State OF Texas, from the regularly
constituted National Grand Lodge, of
which w. A. Gaines is the duly and
legally constituted National Grand
Master and may result in great finan-
cial loss and injury to said order.
Y.
It is ordered. adjudged and decreed
by the Court that the motion of the
defendant herein filed to dissolve the
Injunction heretofore granted in this
cause be, and the same is hereby over
ruled, but said Injunction is hereby
made to read as follows: That the
defendants. w. F. Bledsoe, F. w.
Gross. Joseph Nichols, D. A. Starks,
Duffey Donifer, I. w. Jones, w. A..
Younger, r. G. Houston, Jr., and Hen
ry Williams and their agents, attor-
neys, representatives, deputies and
subordinates be and are hereby pro-
hibited and enjoined from receiving or
making use of any quarterly pass
word or any other password created
that may be made UP and sent out in
the future by the said Walter M.
Farmer, or by the direction or author
ity OF the said Walter NJ. Farmer, or
any of his agents or representatives
and that said defendants and all other
persons having notice of this injunc-