A. O. U. W. CONTROVERSY
One other case of some notoriety and public interest in which I was
engaged in the latter years of my practice was the controversy between
the two branches of the Ancient Order of United Workmen. It seems that
the Grand Lodge of this organization had adopted an amendment to their
plan of organization by which in case of extraordinary loss and
liability occurring in any locality, and within the jurisdiction of
some subordinate state lodge, the members of lodges in other states
might be assessed and required to contribute for the payment of such
extraordinary losses. A portion of the members in the state of Iowa
refused to recognize this requisition and seceded from the organization
as a national body, and organized another state lodge by the same name,
Ancient Order of United Workmen, and incorporated themselves under the
general provisions of the law of Iowa for the organization of
benevolent societies, repudiating any connection with the national
lodge. Those who adhered to the national organization still continued,
however, to do business by their old name and under their former
organization as adherents of the national body. The new organization,
relying upon their incorporation as giving them some special advantage,
brought suit in the district court of Dubuque county for an injunction
against this old organization adhering to the national body, and sought
to perpetually enjoin them from the use of the name "Ancient Order of
United Workmen," or the initials "A.O.U.W." Upon the trial of this
case on demurrer in the district court in Dubuque, I sought to obtain a
continuance of the hearing on the ground of my ill health, having been
confined to my room and my bed for some three weeks. The judge of the
district court granted a continuance only for a few days. I went to
Dubuque, however, and made a three hours' argument in the case, sitting
in my chair, not having strength to stand upon my feet. The court
granted a perpetual injunction against my client. An appeal was taken
immediately to the supreme court and an interlocutory order obtained
staying the injunction until the case could be heard in that court. On
the final hearing and trial the injunction was dissolved, and the right
of my client to use and do business under the title of "Ancient Order
of United Workmen" was successfully maintained. This decision is fully
reported in supreme court reports, 96 Iowa, 592.