Page:The Green Bag (1889–1914), Volume 18.pdf/618

 THE LIGHTER SIDE There was an outer and an inner council, and contributions were received, to be devoted to the care and education of orphan children. It was charged in the declaration that the members did not practice that degree of mor ality which was set forth in their circular, and proof was introduced with a view to show the questionable relations existing between one of the promoters of the scheme and one Miss Vandewater, alias Miss Sweet; but as the plaintiff remained on the premises eighteen months, and as he assigned no such reason for leaving (page 88), and as he made no demand at the time for compensation for work and labor done, nor for his injured sense of morality, we think this is an after-thought. This society of Faithists, while communistic in theory, ag rarian in habits, and vegetarian in diet, was not altogether void of sentimentality nor in different to the Muses. One of the fair mem bers of the society, inspired by the poetic surroundings of this fair Land of Shalam, com posed some beautiful lines that are incorpo rated into the record on page 62. • They are as follows: "For all things are held in common, Hooray! Hooray! Thus everything belongs to all, And peace abounds in Shalam; Away, away, away out west in Shalam!" The authoress of these beautiful and touch ing lines is Nellie Jones, a member of the soci ety. She is not made a party to this action, however, and therefore no judgment can .be rendered against her. The lines were, by di rection of one of appellants, Dr. Newbrough, sung to the air of Dixie. We cannot give our assent, however, to the views of the able coun sel for the appellee that causing these lines to be sung to the air or "tune of Dixie" was of itself such an act of disloyalty as to entitle the plaintiff to a verdict. The writer of this opinion, like the appellee, is himself a native of the land of Dixie, that "Fair land of flowers, And flowery land of the fair." — And, as he reads these lines of Nellie Jones, memory carries him back to the days of his

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boyhood, and to the land of the "magnolia and the mocking bird." O glorious Land of Shalam! O beautiful Church of Tae! When the appellants, the appellee, Ada Sweet, and Nellie Jones, afore said, formed their inner circle, and like the morning stars sang together, it matters not whether they kept step to the martial strains of Dixie, or declined their voices to the softer melody of Little Annie Rooney, the appellee became forever estopped from setting up a claim for work and labor done; nor can he be heard to say that "he has suffered great an guish of mind in consequence of the dishonor and humiliation brought on himself and chil dren by reason of his connection with said defendants' community." His joining in the exercises aforesaid constitutes a clear case of estoppel in Tae. There is another reason, however, why this act of disloyalty on the part of the appellants should not prejudice them; and that is that the plaintiff himself joined in the chorus when the "tune of Dixie" was sung. On page 109 of the record appears the following, the plaintiff himself being upon the witness stand: "Ques tion. You all sang this with a good deal of lustiness? Answer. No, sir; we sang it to the tune of Dixie. Q. All joined in the chorus? A. Yes, sir; all that could." Pretermitting any expression of opinion as to whether it would, under any circumstances, be competent to allege and prove in this court that the ode to Shalam had been sung to the tune of Dixie, it is in proof, as we have seen, that the parties were in pari delicto, and there fore neither can avail himself of the other's wrong. It is insisted, however, that the appellee was deceived by the appellants; that they did not carry out the purposes set forth in their circular and manifestoes; and they that did not live up to the doctrine contained in their Bible. The plaintiff admits that he had read their books thoroughly before he joined them. He belonged to the inner circle; was one of the trustees; joined in the worship; sang in the choir; and listened to the soul-enrapturing voice of Nellie Jones. Moreover, he had entered into the Holy Covenant. That cove nant is found in chapter 5 of the Book of Jehovih's Kingdom on Earth. Plaintiff's Ex