BRAMWELL BOOTH IS GRANTED INJUNCTION

Manawatu Times, Volume LIV, Issue 6815, 21 January 1929, Page 7

BRAMWELL BOOTH IS GRANTED INJUNCTION

Violation of Deed Poll

“DEPOSITION CONTRARY TO NATURAL JUSTICE’’

GENERAL’S AFFIDAVIT,

United Press Association —By Electric Telegraph—Copyright. LONDON, Jan. 18.

Mr Justice Eve granted General Booth's cx parte application for an injunction until Monday restraining the High Council from carrying out his removal. Mr. Grceue, K.C., representing General Booth, stated that the first ground of the application to the Chancery Court for an injunction against the decision of the High Council was that the deed poll of 1904 Was ultra vires, because the trustee of a charitable trust could not alter the trust at will as the deed poll provided. Tho second ground was that the High Council’s procedure violated tho deed poll and was contrary to natural justice, seeing that it had not stated the grounds upon which the General was supposed to bo unfit, and had not permitted him to be present or to be legally represented. The provisions for the removal of the commander contemplated that he knew the charges against him. Mr Greene read the medical report of officials as to the General’s health, and an affidavit by the General stating:

“I shall, under God’s will, return to my post. I had been considering the need of constitutional reforms when I was taken ill. While no doubt the council acted from the highest motives, ic seems to me strange that they efmld not give me time to recover.”

Commissioner Has Fatal Seizure

COUNCIL ADJOURNS. Australian Press Association. LONDON, Jan. IS. The High Council received the news of'the interim injunction by telephone, when it was on the point of taking nominations for the successor to General Booth. ■ It was amidst the excitement over the news of tho injunction that Commissioner Haines, who was aged 54, suffered a fatal seizure.

Commissioner Haines began his career as an office boy at tho Army headquarters and served in Germany, Norway and the United States. He spoke fluently French, German, Norweigian and Swedish. He also, had charge of the Army’s work in France and Belgium during tho war time, for which he was made a C.B.E.

The Council has adjourned until Tuesday.

Appeal to Booth Not to go to Law

CONTRARY TO SCRIPTURES AND

ARMY REGULATIONS. DISTASTEFUL PUBLICITY,

Received Monday, 2.0 a.m. LONDON, Jan. 20.

At the end of a momentous week in the history of the Salvation Army, an attempt was made during the week-end tn avoid to-morrow’s hearing in the Chancery Court. Colonel Cowham, with 40 years’ service who is stationed at Southampton, on Saturday telegraphed to Mrs Booth ‘‘You) Commissioner Catherine and family will be adjudged responsible if you go to the law courts, Conti's ry to the Scriptures ( First Corinthians, sixth chapter) and also the Army regulations. The feelings of the country are stiffening and sympathy and confidence are disappearing. I beg you to think of the officers and soldiers of the Army and to stop theso-proceedings. Remember Jesus, who gave up His Crown and life for the sake of tho Kingdom.” According to the Sunday News, Commissioners Laurie, Kitching, Cunningham and Smith, who joined the Booths in voting against the High Council’s rpotion adjudicating the General unfit to continue his command, have also intimated that they cannot support the Booth family further, seeing that Catherine, speaking for the family, had several times assured the Council that legal action was not contemplated. Tho Army regulations specifically forbid Salvationists to go to law to settle disputes among themselves. Tho Sunday News also states tfcat the Council on Friday afternoon would have elected a successor but decided not to proceed immediately on Catherine’s assurance that legal action was not contemplated. There is littlo doubt it would have chosen Commander Eva Booth.

It is suggested that the chief aim of the latest move is to avoid publicity in the Law Court.

Tho High Council’s proceedings would have been secret but the law courts cannot bo kept secret.