The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-06-24
REACHES 90
KIOSK READING IO7.
Elk CASE LIKE
CHINESE PUZZLE
Special Master Hears Argument
in Case Involving Colored
Fraternal Order.

From loquacious standpoint, as
we'll as one that showed, to a certain
degree. the inside workings OF secret
fraternal order, 1t will be many days
before case is presented to a local
judge for consideration that so re-
sembles a. Chinese puzzle as that of
yesterday before Special Master
Claude NJ Dean. in the United States
courtroom. when the cause OF James
f. Mills. past trustee and former
grand exalted ruler Of the Improved,
Benevolent and Protected Order of
Elks OF the World. against J. Frank
wheaton. present grand exalted ruler
OF the organization. was aired.
From noon until I o'clock las,
night counsel for the plaintiff and de.
PENDANT examined and cross-examineo
witnesses. Arguments caused the trial
to drag.
Mills, as plaintiff, is suing wheaton
in three causes: To restrain the de-
fendant from using the ritual Of the
order as prepared by B F. Howard
OF Cincinnati, o.: to obtain $4,000 for
Howard In payment for the ritual,
now used by the united organization.
and to obtain from the society $4,000
for the use Of the ritual All the
principals in the suit are coiored The
The suits were originally started in
this city October IL, 1910, before
Judge Edmund waddill, Jr.. who
turned the case over 10 special
master
Howard Founded Order
II was shown by the plaintiff that
Howard, who founded the order. wse
Its president for ten years. during
which time the ritual he prepared was
To- at fAr te L.
agreed in the constitution that he was
to receive so per cent OF the gross
receipts from the installation OF
lodges, Before his term expired. how
ever. It w3s agreed that he was to
accept $4,000 In lieu OF all other claims
against the order.
In the meantime split occurred.
and the Wheaton faction, organizing o
grand lodge. proceeded to establish
suhlodges, using. It Is claimed a ritual
the same as that written by Howard.
but not copyrighted as is the original.
1t is the contention of the plaintir
that such course Is Illegal. Redress
on these grounds is sought. iil
James y. Mills. of Norfolk. ana
James T. Carter, OF Richmond. were
the two witnesses presented hy the
prosecution. through Attorney James
NJ. Harrison, of Norfolk.
Mills contended that the Wheaton
faction and the united organization.
which is also headed by Wheaton. have
acted Illegally in using the Howard
ritual. He told of the split in the
order. and how the factions agreed
to unite and pay Howard 5000 for
the use of his ritual. each wing to
share equally in the cost
Giles to the Front.
Giles B. jackson, the legal luminary
for the defense, took Mills to task in
a series of rapid fire questions. lie
brought out that fact that The ritual
now In use is not the Howard text
He contended that such being the case
the plaintiff could not sue for the use
of something not theirs.
Verbal clashes between Jackson and
Mills enlivened the trial Following
a violent harrangue by Jackson, the
attorney asserted that the witness
was nervous. Not nervous. sah," was
the retort of Mills, but i have
splitting headache after your re-
marks" 8
Carter. former grand trustee, and
secretary Of the arbitration committee.
testified that there Was an agreement
by the order and Howard to pay the
latter $4,000 for the copyrighted ritual
This payment, no said, was to be when
the factions united. He stated that
Wheaton is now head of the con-
solidated order, and that, in his opin-
ion, the Howard ritual can be used by
the united society on the payment OF
the money.
1t is NIills's contention that the
p wer vested an him when he was
elected trustee and grand exalted
ruler In August, 1909, at Detroit. has
never been abrogate It Is on this
ground that the suit has been instr
tuted. td 3i.i