The Washington bee., 1911-03-11
FRANK WHEATON,
Defendant

DNlCludil-
Upon consideration of the motion
herein filed on the 10th day of Ian
uary, 1911, by Harry H. Pace. Will
lam E. Gales and others. and the or
der passed herein on the same dav,
and of the motion for a rule to show
cause filed herein on the 18th day OF
January by the Grand Lodge of the
Improved, Benevolent and Protected
Order of Elks of the World and others.
and the rule to show cause granted
thereon on the same day, and of the
petitions of said Pace and Gales here
in this day filed, and of the affidavit1
IN support of said motions and peti-
tiOns, and of the answers to said mo-
tions, with the afidavits filed there
with, as we'll as the exception of the
complainant to the filing OF the petit
tlOns of said Pace, Gales and others,
and upon objection to their right to
intervene herein, said rule and said
petitions and the affidavits in support
thereof, and the affldavits in reply to
said answer, and upon the answer OF
said J. Frank Wheaton, and the mo-
ton in writing of Cary Wheaton this
day filed, together with all and singu-
lar the pleadings and proceedings
heretofore had in the above-men-
toned cause, and after argument by
counsel Tor the original and interven-
ing parties, and for the parties to said
motions and petitions, 1T IS AD-
JUDGED, ORDERED AND DE
CREED:
I. That said Gales and Pace be, and
Il, .II,,.-.,I Il
petitions herein seeking among other
things to set aside the order herein
made and entered on the sd day OF
December, 1910.
?. That the decree heretofore passed
on the sd day of December, 1910
making permanent the temporary re-
straining order heretofore entered ap-
proving the terms of a certain arbi-
tratiOn made between the then parties
to this litigation, and naming arbitrat-
OrS to carry out the same, be, and the
same is hereby, III all respects vacated
and set aside And the arbitrators
therein named will exercise no further
authority hereunder, but nothing con-
tanned in this decree is intended in any
manner to affect the temporary re-
oAi diiiIilS vi hNi dllACu ilCtCill OiI iiiN
18th day of October, 1910.
3. That the said arbitratorS, Giles B
Jackson, John w. Patterson and Oscar
d. Morris, will return and file with
the papers IN this cause d report show
ing their aCtingS and dOings there
under, accounting for and showing the
disposition of all sums of money re-
ceived by them under said decree.
i. That this cause be, and the same
is hereby. referred to Claude NJ
Dean. Esq. as Special Master, who
is directed TO inquire and report &c
the court to whom the copyright men
toned IN the bill and proceedings ot
this cause belongs, said Special Mas
ter first seeing that he has before him
the proper parties to legally pass
upon and determine that question;
and leave is hereby given to the com
plainant TO file such amended bill OF
bills as may be necessary to bring
before the court the proper parties
to determine this question, if the
same are not already before the court
And the said Special Master Is
further directed to report the damages
sustained from the improper use oil
said copyright. or of any spuriou:
copy thereof, by those to whom il
does not belong, if the complainant
or any other party litigant in whose
favor he reports the same belongs
/ desires him to do so.
5. The complainant, B. F. Howard
who has intervened herein, having in
timated a purpose to appeal from thi
decree, and having requested th'
court to grant such appeal, the same i
hereby allowed, to become effective
upon his filing within twenty day
! from the date of the entry of this or
der, proper assignments of error, an,
Executing before the clerk of thi
court an appeal bond in the sum o
FIVE hundred dollars. But such appea
lis in no way to operate as a super
sedeas to this decree.
/ EDMUND WADDILL, Jr,
United States Judge
Richmond, Va, Feb !, 1911.
| A true copy Attest:
TOSEPH Z. GRADY,