Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-10-07
MERGER OF CLUBS
PERMITTED BY LAW,
COMMISSION RULES
Judge Rhea Gives Deci-
sion in Commonwealth
Westmoreland Case.
APPEAL TO SUPREME COURT
Is REPORTED NEXT MOVE
Special Tribunal May Be Neces-
sary Due to Judges Member
ship in Two Bodies.

Opponents OF the Westmorcland-
Commonwealth Clubs merger lost
another battle yesterday when Judge
William +. Rhea. chairman OF the
State Corporation Commission, hand
cd down an opinion declaring that
consolidation of the two orsaniza- :
! tions was valid.
Without doubt. the decision of the
commission will be appealed. Edwin
L. Cox. former Speaker OF the House
of Delegates Of Virginia. and lega,
representative of the members of the
Westmorelaad Club opposing tho
merger. having declared some time
ago that il the matter was decided
unfavorably for his clients IL would
be taken to the Supreme Court OF
Virginia.
The opinion or Judge Rhca, while
covering five closely written pages
and quoting many authorities, In
brief Is TO the effect that the statutes
authorize the merger OF a nonstock
corporation in the same manner as
stock corporations. and that the au-
thority for merger OF two such cor
porations is "manifcstly conferred
by the statutes.
Further the opinion says:
The right Of intervention by mem
/ bers of a club, in such n proceeding
as we have here. would seem to be
. exceedingly doubtful. but We do not
pass upon this question. for we dc
not deem IL necessary in order 10
reach n proper conclusion"
Long Under DIscussIOn.
For years the question of merging
the two famous clubs has been under
discussion, but has met with oppo-
enough impctous for action TO be
taken.
AT this time the proposal of mer-
ger was brought before tho boards
OF directors OF both organizations
and acted upon favorably. Special
meetings OF members OF both clubs
were then called. A two-thirds af-
flrmative vote was necessary in order
to assure the legality OF the mer-
ger and the meetings were both post
poned until sufficient proxies could
be obtained to make the action legal
After n spirited fight. during which
both sides eNertcd their efforts to
gain their points. the two clubs In
dorsed the merger. George Bryan.
president of the Wcstmoreland Club.
was n leading figure in the fight for
consolidation OF the two organ:za-
tionS. and was supported by Colonel
Henry W. Anderson and others.
Take Issue to Court.
When the opponents of the merger
found that they had lost the first and
most important battle in the strugg. .c
they applied for an injunction in the
Law and Equity Court OF Richmond.
Edwin l.. Cox taking charge Of the
matter.
Here an unprecedented difficulty
presented itself. Judge Beverly It.
Crump. Judge u, c. Richard sou,
Judge r. Carter Scott and Judge
William A. Moncure. who presided
in the courts OF the city. were al
members of either one or the other
of the clubs and therefore would not
sit i'll the matter.
Judge Crump. however. got Judge
Earnest III. Wells, Of the Hustines
Court. Part IT,, South Richmond, to
preside for him, but after hearing
the argument for an Injunction,
Judge Wells refused 1t on the ground
that 1t was not within the jurlsdic-
ton of the court and mus. go be-
fore the Corporation Commission.
The petition was taken to the Cor
poration Commission when Colonel
IrnD, l., ,,.-i - n, = -