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Atlanta Daily World
Atlanta, Fulton County, Georgia
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Elks officials welcomed the dismissal with prejudice of a year-long lawsuit by five dissidents in Newark, N.J., court after a witness found no financial irregularities, allowing plaintiffs to rejoin the order peacefully.
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With 'Prejudice'
Officials Pleased
BY LOUIS LAUTIER
WASHINGTON, D. C. - (NNPA)- Top Elks officials, returning here from the two-day hearing in a suit against the order in Essex County Superior Court at Newark, N. J., were happy over the outcome.
Both William C. Hueston, grand secretary, and Perry W. Howard grand legal adviser, Friday said they were delighted that the litigation in the New Jersey court which has lasted for nearly a year, is now a thing of the past and that the five dissident Elks, who brought the suit, were now at peace with the order and pledged to work for its common good.
The case broke down after Wilbur Parker, a Newark certified public accountant, called as a witness for the complainants on the first day of the hearing, testified that he had found nothing wrong with the books of the grand secretary. He had examined Mr. Hueston's books for the five complainants.
SEVEN WITNESSES CALLED
In a statement prepared for publication in The Eagle, the official organ of the order, Mr. Howard said the plaintiffs called about seven witnesses before court adjourned at about 5 p.m., Monday.
After court recessed, he said he was approached by some of the plaintiffs and told that they did not wish to proceed any further with their suit and that they wanted to come back into the order and work in peace and harmony.
"We welcomed them back for the good of the order," Mr. Howard said.
When court convened Tuesday morning, he said, the judge was informed in his chambers that the plaintiffs wished to dismiss the suit.
The Elks grand lodge, he said, agreed to the dismissal on the condition that the suit be dismissed "with prejudice"
DISMISSAL WITH PREJUDICE
The dismissal with prejudice means that the suit cannot be brought again.
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Domestic News Details
Primary Location
Newark, N. J.
Key Persons
Outcome
the suit was dismissed with prejudice, meaning it cannot be brought again. the five dissident elks rejoined the order and pledged to work for its common good.
Event Details
Top Elks officials returned from a two-day hearing in Essex County Superior Court at Newark, N. J., in a suit brought by five dissident Elks against the order. The litigation had lasted nearly a year. Wilbur Parker, a Newark certified public accountant called as a witness for the complainants, testified that he found nothing wrong with the books of grand secretary William C. Hueston after examining them for the five complainants. About seven witnesses were called before court adjourned at about 5 p.m. Monday. After recess, some plaintiffs approached Perry W. Howard indicating they did not wish to proceed and wanted to rejoin the order in peace and harmony. The Elks grand lodge agreed to dismissal on condition it be with prejudice. The judge was informed Tuesday morning, and the case ended.