The Dallas express. [volume] (Dallas, Tex.) 1893-1970, 1921-03-19
THE SUPREME COURT DECIDES
AGAINST DAVIS IN ODD FELLOWS
CASE.
Continued from page -


| 1t was the duty of the local COM
mittee TO welcome incoming dele
gates at the railroad stations and
conduct them TO the proper hall
and also to their hotels, etc.
so far as appears, the only DEL
egates so met were those faVoring
( the Morris faction, and they were
escorted to StoyaIls Hall.
Al the appointed hour seventeen
accredited delegates Of the Davis
faction had assembled in the Casino,
effected an organization, and went
through the formality of electing the
REALTORS as grand officers OF the
Order for the next two years. Later
other delegates, or those claiming TO
! be SUCH TO the number of perhaps
one hundred and fifty, entered the
hail. On the same day one hundred
delegates met in Stovall's Hall and
voted to reflect all of the grand
officers, VINO are the respondents
here.
Under the rules of the Order five
delegates constituted a quorum OF
the Biennial Movable Committee. The
trial Judge submitted the case to the
Jury, who found for the REALTORS;
thereafter the court below entered
Judgment for the respondents mon
ogstante yeredicto) upon the whole
record. whereupon the former brought
this appeal.
The right of the REALTORS to main
tan this action Is based upon the as
sumption that they have n personal
interest In the officers in question,
by reason OF having been legally
elected thereto, otherwise they have
no standing: Commonwealth VS. Nc
Carter, 9S Pa 6O7; Commonwealth
VS.. Cluley, Sc Pa. 27O.
When the Binnial Movable
Committee is not in session, the
highest authority in the Order is
1.-THE Grand Officers acting as the
Sub Committee OF Management. AS
such they issued the order postponing
the 1918 convention. Right or wrong,
they did 1t, and gave notice thereof
to all the lodges; and from that or
der no appeal was taken to any
tribunal inside or outside of the fra
ternity. No court of equity wa.
/
upon the grand officers to undo what
they had done, nor was such. court
requested to hold the election. There
fore the proclamation stood unchal-
lenged with no request for its with
drawal: and during the month May
fixed for the election of delegates,
practically none were chosen.
The Grand Committee of Arrange
ments having authority to lease the
Casino had the undoubted right to
Icancel the lease and thereafter II
was no more the legally designted
place for the convention than any
other hall. That committee was
the party authorized to secure a con-
ventlon hall and notify the delegates,
yet not one of the Davis faction re-
quested the committee or sought to
compel it, to perform that duty.
II one unauthorized person by
} renting hall can constitute 1t the
headquarters of great convention,
and by getting seventeen delegates
therein transact business affecting
the rights of half million people,
so can any other unauthorized per-
I son.
Certainly the so-called Davis fac
tion had no authority to secure a
hall and make II the meeting place
of the convention, much less to hold
It there without any adequate notice
to the Order or the delegates.
1t was the right and. duty of the
Grand Master to preside at the con-
Vention, and Of the Grand Secretary
: to attend and prepare a roll of the
delegates; yet the meeting at the Ca
sino was without notice to either
and in the absence of both.
So fas ar appears only one of the
grand officers had any notice Of
: such intended meeting Under al
the evidence what took place at the
! Casino can not be recognized as the
. convention of the Biennial Movable
!. Committee. or the election there held
j given validity.
The election held at Stovall's Hal
was also invalid. The grand officers
Z after having solemnly proclaimed thu
J. convention postponed, could not d
: defiance thereof call together a hun
: dred delegates and without any gen
eral notice procure their own re
. election. II is fair to them to sa.
! that such action seems to have beel
J. taken as an Offset to what might b
! done by the other faction, for in tn
4 abb Ance OF new election the oil,
d grand officers would continue d
: office.
J The invalidity of the election rem
Q ders discussion of other question
! unnecessary. In fact. but for tn
y unusual character Of the case, tn
e appeal might well be dismissed Of
the grcnnd that the term for whicl
! relators claim to have been electe,
n has expired
I This Judgment is affirmed at tn
a. cost OF the REALTORS.
$ Filed February 2S, 1921