AMERICAN BEE JOURNAL. 



395 



failed with ex-parte affidavits, he cer- 

 tainly cannot win when the defendant's 

 attorney gets after him and his wit- 

 nesses. 



Here is an extract from a Dubuque 

 paper of Sept. 2nd, the reading of which 

 will cause bee-keepers to smile audibly : 



THE BUSY LITTLE BEE MAY FLOURISH 

 UNMOLESTED BY THE LAW. 



Judge Lenehan retired from the bench 

 of the District Court yesterday, and will 

 hereafter devote his time to the business 

 of the law firm of Lyon & Lenehan. 



One of the last acts of the retiring 

 Judge was the filing of decisions in the 

 cases brought by John Foulkes against 

 Montgomery Wyrick and Isaac Hunter. 

 All the parties live in Cascade, and the 

 plaintiff's residence is situated between 

 those of the defendants, aach of whom 

 is engaged in bee-keeping. 



Mr. Foulkes claimed that the swarms 

 of bees were a dreadful nuisance, and 

 made his life miserable. Among other 

 things he claimed that the bees were so 

 thick that as they swarmed around his 

 premises they shut off the light of day, 

 and kept his house in darkness. 



Through Attorneys Welch & Welch, 

 of Monticello, he filed applications for 

 injunctions to restrain Messrs. Wyrick 

 and Hunter from maintaining their bee- 

 hives. 



The case was submitted on affidavits 

 Aug. 4th, Attorney Alphons Matthews 

 representing the defendants. Deposi- 

 tions from a large number of Cascade 

 people were taken under consideration 

 by Judge Lenehan, and Thursday he 

 filed decisions denying the applications 

 of plaintiffs. 



The opinion says that the defendants 

 have been engaged in the keeping of 

 bees for many years past, and that an 

 injunction would deprive them of a 

 source of livelihood in a business which 

 the courts recognize as legal. 



It is understood that the National 

 Bee-Keepers' Association took up the 

 fight in behalf of Messrs. Wyrick and 

 Hunter. 



Just think of the naughty bees swarm- 

 ing so thickly around the premises of 

 Mr. Foulkes as to shut out the light of 

 day, and keep his house in darkness ! 



I should think there would be' fun in 

 that court room when Attorney Mat- 

 thews gets after the testimony on that 

 point ! 



What a wonderfully diminutive bouse 

 the Foulkes mansion must be if a few 

 bees can keep it in darkness, and "shut 

 off the light of day !" But perhaps the 

 bees stung him near the eyes, and in 

 that way "shut off the light of day " for 

 him personally ! This is about on a par 

 with the case where one fellow testified 

 that the bees ate up his peaches, and 

 made a meal of his young ducks ! 



The community, the Judge and the 

 lawyers have all been dosed with copies 

 of the " Decision of the Supreme Court 

 of Arkansas," which decided that bees 

 were not per se a nuisance. It is a fact 

 that wherever that document goes, it is 

 a sure cure for the persecution, waged 

 by ignorance and jealousy, against our 

 pets — the bees. Decisions like that form 

 a "bulwark of defense" like the rock 

 of Gibraltar, which seems stronger than 

 ever after having been lashed by the 

 waves of the mighty Ocean. 



Thomas G. Newman, 

 General Manager of N. B.-K. Union. 



The Allegany County Bee- 

 Keepers' Association of New York State 

 was organized on Sept. 7, 1892, with 

 23 charter members. The following 

 were elected as officers : President, H. 

 C. Farnum, of Transit Bridge ; Secre- 

 tary, H. L. Dewight, of Friendship ; 

 and Treasurer, Herbert Spring, of Bel- 

 videre. The next meeting will be held 

 at Mrs. H. Green's, in Angelica, N. Y., 

 at 2 p.m., on MSnday, Nov. 28, 1892, 

 to which all bee-keepers are invited. 

 We bespeak for this new organization 

 the prosperity which always attends the 

 earnest and constant efforts on the part 

 of the members of such bodies. 



Carl Hagenbeck, the celebrated 

 German collector and tamer of wild 

 animals, is in Chicago to arrange for the 

 extensive zoological exhibit which he 

 will make in Midway Plaisance at the 

 World's Fair. He will exhibit lions, 

 tigers, panthers, leopards, bears, mon- 

 keys, etc., in great numbers, and will 

 show the largest "happy family " ever 

 seen. 



