The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-13
The Juvenile Guardian Society's
Appeal to the Law.
THE STATE BOARD ENJOINED
Grounds for Judge Days Order-The St
johns Guild Trouble.

the report unjust and the examination conducted
ex parte. The Juvenile Guardians IN fact, have APP
pcaled the They demanded that an injunction be
granted against the State Board OF Charities restrain
ing them from publishing any reports likely TO injure
the society temporary injunction was granted by
Judge Daily Of the Court OF Common Pleas, on the Sth
inst, and was made returnable the 10TH when the
defendants to show cause why the injunction should
not be made permanent The grounds ~ which the
injunction Is asked arc iollows:-
The plaintiff allescs:-
Ffrst-The plaintn Is corporation organized by its
said name under Tho ACT, enttcd IAN Act Tor tho In
corporation OF Benevolent Charitable aud Missionary
Societies. passed April II, ls4S
.Second-lt has continuously since preserved Its IN
corporation ana lis rights and franchises. aud has as.
siduously and faithfully pursued the purposes and
duties OF Its incorporation for od under It's pres
ent ana PRIOR organizlio. Of nearly thirty years.
Third That David Robertson has during that
period been generally entrusted ny tue scccty with,
aud had the principa management oil its affairs 50
that us good name mas become largely Identified with
the Interests, welfare and work OF this society.
F0arM--That the state Board OF Charities has for
several weeks past claimed that they have tho powor
10 visit The PLAINTIFFS INSTITUTION 10 examine INTO and
inspect us Affairs aud the conduct Of It's officers IN all
particulars, and, Tor that purpose, to hold cxamina
secret and prrtc and with closed doors 10
the society and It's officers. These VISITORS socalcd,
further have claimed, end do claim. inc power and
ceedngs before iu the newspapers OF the city, the
results OF such ece. examinations
Twentieth street, in the city OF New York, examina.
tons Of sundry witnesses which examinations have
wholly secret and ex par,e, and wholly with doors
closed, TO the palntilf and its officers, and have
wholly excluded the plaintiff from beng present, "
counsel or other representation, from all right OF OPP
porlunity 10 examine or the Witnesses,
or 10 produce testimony 90 IT'S own behalf And.
further, SAID pretended visitors have Conducted said
from the plaintiff that the latter could have no
OF knowing the nature grounds OF the charges,
or me course or particulars OF the testimony SO taken
iSir-That The plaintiff appeared before SAID defcn-
dius, at No 90 East twentieth street. and claimed
demanded of them TO be Informed OF and furnished
with specification OF charges that said claims and
demands have Ucen wholly refused and tho plaintiff
wholly excluded from said exami natons and, except
aforesaid from all knowledge OF the particulars
thereof
Sersath-That the testimony published tends to
show that the affairs and business Of SAID plaintiff
have mismanaged, the charitable donations
and contributions received by II wasted and
pcrvcrlei, its powers abused and Its corporate
duty aud purposes neglected and defeated,
and that this evidence far MS II charges the plaintiff
with mismanagement OF its business and affairs per-
ceived by IT, abuse Of its power pcrversion OF
corporate purposes and duties and SO far reflects
upon any other OF its present officers is untrue, de-
iamat0ry and libel0us
EighM-That the defendants before the commence
mcnt oil said examinations, aud without caUse were
hostile and evly disposed toward the plaintiff and It's
officers, determined and bent upon breaking up and
destroying the society and confederaied to their
supposed powers to damage the society and thus
destroy its good name.
NintA-rhat by means OF the premises the good will
aud name viii OF the plaintiff have been impaired
and unless the Court viii grant relief will DO taken
from and It's resources essentially destroyed or dis
astousy reduced and Its work and usefulness stopped
1enA-rhe plaintiff is ADVISED by counsel and be-
leves that neither the State Boar OF Charities nor
tho DEFENDANTS have any vistorial power IN
respect to the plaintiff; that II they have such power
they cannot lawfully use It In the form Of such
and inq usitoriai examinations
EierenM-PlaintiH demands judgment OF perma-
nent injunction against the defendants and zach OF
them restraining them and each OF them from the
exercise Of any visorai power over or In respect to
the plaintiff or It's officers.
A permanent judgment restricting the defendants
and each OF them from making ex partc newspaper
other publications against the plaintiffs It's officers
THE APFIDAvITs.
The afidavts for the plaintiff are the followng:-
DAVID f. Robertson, on OATH said IL am the supern.
tendcut and secretary the plaintiff and one OF Its
dlrectors the compliant in this action has been read
to me; tho alleged all the It, besides the
third section, personally know to be true, with the
following specified exception. AS TO its third section,
all the facts stated therein. besides the iathunes
attributed 10 me, are true and as 10 my fathiulness
unhesi.atlngiy say that throughout my connection
with tho plaintiff have sought ali my power do
thoroughly All the duty intrusted TO Il corpora
and officer and To prosecute the work OF the sociey
and to conduct my part In us affairs with all faithful
ness was subrGnaed by said Roosevelt to appear at
No. SO East Twentieth street 10 testify before the
mss.oners found that the visitors, as the dcend-
called themselves, were onducting the eXamina
OF Witnesses an inner, private room, with tho
doors closed, only wllncss ut time beng this
room, the other parties therein beng the defendants
and several rcportershree reporters certainly, per-
haps tour-whom took to be newspaper reporters.
undo stood nat they taking evidence against tho
soc ty, and against myself as Its principal manager
demanded OF tho defendants that the examlpation
should be open an, and pubic, on specific charges
to nake-ard the society furnished oppor-
tunity to be present win counsel and heard
and | protested against testiiyng otherwise
On occasion there were In the front or auto
halt dozen persons waiting as understood, to tes
tty-a vi them but Que persons nimical TO the soci
ETY. and to myself and VINO had been connected with
the society officers or employees and had been dis
charged from or had lett the society ON account OF its
with them, their hostility to arising,
us have always understood, from the fact that |
the principal manager OF tho society and compelled
the course OF my duty 10 disapprove OF them. few
days alter the attorney aud counsel Of tho society and
l called together at No. So East Twentieth street. Mr..
Lansing was introduced to the Board as tho legal
wiser OF the society," formally made the protest against
the examinations and publications which had been
Yong on and n demand Tor an omen and pubic invests
CATION Roosevelt, in the pre- aud hearing OF Mrs.
Lowell OF the defendants. she standing At his side
and he speaking Tor the visitors, re used tue uppca
ton, say ing that there charges except what
were publshed by the reporters, and we could ascer
The charges by The newspapers, adding. 1--WE have
already determined TO squech the society"
Pubiicalion was professediy made VI my evidence
but in fact in garbed iorm-thc principal part sup
misstated; aud because published IN iragmcntarv
form, 1t carried meaning different from its real
and unfavtrabe to tho society and TO myself as its
officer Ny testimony as given justified the society
and It's officers
One OF the NEw York HERALD publications, re.
peacd declaration, made by SAID Roosevelt that he
had announced the part OF the defendants that It
was tucir intention to publish the testimony.
here insert slip from the HERALD Of publication
ants on one oil these examinations TINS Conway is u
man OF bad character. | have seen him tho
much intoxicated. His testimony, as 80 publsned Is
false.
Lester Newell beng duly sworn, said that he IL
now director OF the New York Juvenile Guard an So
ciety that he appeared before the Board OF Charities
and stated That hc understood that charges had been
made against SAID society and testimony had been
taken gong TO sustain said charges and respectfully
asked to be excused from tcstfyLg until copy OF tho
charges against tie society and the testimony already
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Tho deponent further says that this request was re-
fused, though one Commissioner SAID lie would iur
nlsh copy made by Mr. Dwight IN 1872. and these
were the same charges that they were invcsti-
eating and that II the depvnent refused TO testify
| they would compel HIM to do so. Dcponent further
says that witnesses csent when he testified,
but that there were several persons sitting AT The
table besides the Commissioners who were taxing
testimony, and whom this dcponent believes to be re-
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