The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1914-12-23
west Virginia Judge Hands Down
Ruling on Injunction and Taxes
Occasion to Score Tai
bott Freely.
QUOTES IOWA RULING
Judge McPherson's Findings in Case
Here Are Reserred % BY
Judge Dayton in His
Fipdings-

Frank II. Bailinger has received ;
decision by United States oissfic1
Judge in West Virginia in one OF los
Owls cases. This decision Is nom
Judge Dayton and refers TO the oe-
cision handed down by Judge SIni'h
Mcpherson here IN the Iowa case
Attorney Ballinger OF this city iai-
rfshed much OF the evidence In the
West Virginia case
The coart in his decision takes the
opportunity TO make scatning
marks concerning Talbot and tne
order O. Owls. He quotes freely from
the Iowa decision. and denies the tenn
porary Injunction as asked LOT he
case is entitled George D. BeFoA "
W. J. Bennett e al
Judge Dayton in his opinion AFTER
he reviews the case. and figures UP
one months accounts, says From
which II would seem that II required
an expenditure Of over $500 to dis
burse less taan 500 in charity. And
stiIi another thought Is very psrsls
tent that the annual receipts oeinS
admitted 10 be $4,000, the average
mouthIy ones should be one twelfth OF
the sum OF s4,1T5. Subtract S1.si-Io
ami a remainder OF 81. 4s3-1z would
seem TO be unaccountsd for
Refer. 70 MePherson's Decision.
The court in referring TO the Iowa
opiuoa By Judge Mcpherson says
One other thing impressss me Win
some force, and that IS the character
OF letters written to incorporators OF
defendant BY this man Talbot. the
supreme president" OF the unineor-
porated association. they Indicated
him to be buffer" OF the first Clan
To ssy the least. In this condition OF
things 7 am confronted vita the TACT
that was brought By this man
Talbot anG others in the United
states district court for the southern
district OF Iowa against parties there
seeking to organize as the Indapen-
dent Order OF Owls" upon grounds
now here set forth and relied upon
Judge Mcpherson. who heard the case
was so impressed By the evidence pre-
sented that the original organization
was of sucn ILLEGAL and immoral char
acter. that he refused relief and dis
,nfsses the BILL His decision was
rendered May 3. 1919. In his opinion
he says:
@In the past It has become nav duty
to try many cases OF yuig2nty ana
obscenity. but il can be. with entire
accuracy. stated that the testimony in
,hissease. scarcely contradicted. with
some photographs directly chargaole
T., complainant, and not denied, rs the
most unseemly, indecent, vulgar and
ooscene tina, has ever been presented
| 10 this court" And again. There was
4 local nest or lodge organized at
Keokug. That nest vas expelled with.
out hearing or notice on one or TWO
uretenses. but In fact because it asked
for a statement as TO finances.
perpiexipa Question.
Under these conditions 1t becomes
a somewhat perpIexing question Tor
! NE to decide as regards my duty In
! The premises. II may be entirely true
that this Order of Owls Is Ieg1t..
mate organization that its funds are
! rightly handed and lezitimateiy e1
pended: that Talbot has been falsely
/ charged with the unlawful purpose Of
having organized il and conducting II
4 in order 10 make himself a million
oft ah
cares not III # ali goes to he'll IL
view Of Judge NcPnerson's finding O
fact az to his moral character which
must be taken as conclusive. ne ma,
bv many be considered man entirss1
rapaf,le OF such deeign-his secre
tsrv's (the piain.if-s) amdavit as y
this September expenditures presents
some presumption OF shortage IN re
cefvts over expenditures at least AM
Judge McPherson's finding that TN
"nsstD at Keoknk vas arbitrarily 81
relied because Il asked for hnancfa
statement would indicate defermfn
ed purpose no. TO make financial az
counting and some extraordinary req
son for such determination. II. on tn
Other hand II il true as charged. tina
the purpose OF Talbot and his SIX as
sociatcs In the home nest ID grait
and 10 secura TO him or them persona
wealth, # woula seem that II voui'
, then present a scheme On a lars
scale Of defraud, I'm the conduct
which if the UniteS States mall ma
z W-AAHW III