Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-15
BATTLE BETWEEN REGULARS
AND INSURGENTS BREAKS
INTO SUPREME COURT.
REBELS ASK Permission
TO EXAMINE BOOKS
Facts Sought in Order to Strengthen
Case Of Insurgents Against Rate In
ereass-Justicss Turn. ouestioners
and Grill ACKNOWLEDGEMENTS For
and Against Petition.

Des Moines, May 15-The insurgent
fight in the Modern Brotherhood Of
America was aired before the supreme
half Of the insurgents for an order to
permit them to examine the books and
records Of the society and to secure a
list of the names and addresses of the
members. The contest has been on
since December. 1912. One faction Of
the organization is seeking to prevent
the increase in rates remaining in
effect.
There has been considerable litiga-
ton in the NJ. B. A. case in the lower
courts. This is the first time it reached
the high court. From questions asked
-of the attorneys presenting the case.
it appeared that there is doubt Wheth-
err the request of the insurgents will be
granted Justice Salinger was especial
ly active in reaching the law points
quiring into the proposition of whether
the list of names might be improperly
used by the insurgents.
Appealed From Linn Order.
Attorney James H. TreWin, Of Cedar
defend the NJ B. A. They outlined the
the charges filed by insurgents against
officers of the society. The Linn coun-
ty district court issued an order to per-
nit examination of the books but re-
fused permission to the insurgents to
take off list of names. From this or
der they appealed.
"a
the object Of the insurgents is to get
control of the society. They feared
that if list of names and addresses of
the 10000 members is given the oppo-
sition, it might result in destruction or
serious injury to the organization, they
said.
The firm of Rickel & Dennis, attor-
neys, appeared for the insurgents, Den
mis- declared that at the present time
a case is pending asking for receiver
for the society and that an examination
Of the books is requested in order that
evidence may be secured to substanti-
ate charges that the present officers
have been careless and been guilty Of
mismanagement. He cited an instance
of $4,000, which he said was with
drawn from fund and an obscure
record kept Of IT.. He said that the In
ssurgent want list Of names to check
up the receipts and expenditures to
see II they have been properly account
ed for.
SaIinger Asks Questions.
Justice Salinger called attention to
the record in which he said he found
circulars which the insurgents had
sent out to members telling them Of
the charges against the officers. He
asked if the list of members would be
used to send out literature to organize
a campaign to GUST the present officers.
He said that he could imagine certain
situations in which such thing might
be the death blow to society.
Attorney Dennis, after being ques-
toned, told the court that the basis Of
the entire fight is to head off the raise
in rates. The insurgents claim an in
crease would not be necessary II affairs
were properly managed.
The N. B. "A. has its supreme office
at Mason City. The supreme president
has his office in Des Moines. In the
receivership action at Cedar Rapids,
the attorney general interviewed to pro-
tect the interests Of the policy holders.