New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-07-11
THE ONEIDA COMMUNITY IN COURT
ONE OF THE MEMBERS SEEKS TO HAVE RE-
CEIvER APPOINTED AND THE PROPERTY
DIVIDED-ARGUMENTs BY EXSENA-
TOR HERMAN AND COLONEL
G.. II. HART.

G.. II. HART.
Syracuse, July 10 (speciaD.- The case OF Charles
A. Burt, of Rochester, against the Oneida Community
was summed up I'm this city to-day before VI. NJ.
Waters as referee. The case has been pending in
the courts for the past two years. Colonel George
H. Hart of New-York City. appeared for the plalntif
and ex-senator Francis Herman. of Utica, made the
principal argument for the Community. The action
was brought for an accounting and the appointment
Of receiver, that the plalnuh might OBTAIN ms
Just and dsrlbutve share Of the property Of the ola
Oneida Community, which was transferred oy uioSo
who held It I'm for all the members to the Oneua
Community, limited. Tho Community has now
SO 900 900 worth of property, it is claimed, and the
plaintiff asks for his share of the account ehouiu
Mr. Burt be successful I'm his suit. which ATTACKS inc
legality of the corporation the Community VIII nave
to be dissolved. Ex-senator Herman made his arsu-
ment almost entirely upon the covenant ana rcio@So
signed by Burt as a member of the Community y"
this account tile ex-senator held that burt n"'
no grounds or right whatever to brhR
the suit as he voluntarily left the community bui
was travelling agent for the Community IN inc "oS"
While still a member of the Community no hau 'oiu"
nlriy signed a contract to handle the soous VI :"
Buffalo firm, contrary to the laws OF the COhmun'!'
For this he was expelled from the Community, but
even after this he continued to buy goods OF the
Community. The Community, the Senator argued,
had repudiated the contract with the Buffalo hrm
before he signed IT, and he deliberately violated the
unwritten rules of the Community, to which he was
subject lie now had no right to bring any acton
In equity to recover. All that Burt entitled TO
in any case was remuneration for service since ne
twenty-One years DID, as he brought no properly
INTO the Community.
Colonel Hart IN his argument, said that Mr. Burt
did not seek to rcpudate any contract that he had
legally signed He held that Burt and his family
had brought into the Community property that eX-
ceedcd all their debts by about $1400. The Defence
he argued had admitted that the contracts referred
to were merely supplementary to the unwrtten rules
Of the Community. If these contracts or covenants
do not violate interfere with these laws, they may
stand but If they do so interfere, then they are
null and void These "unwritten rules" Colonel
Hart held were that the children of the members Of
the Community should enjoy forever the rights, bene
fits aud privileges of the Community. This, the
Colonel claimed had bcon carried out He claimed
that the Community and Burt had violated the
contract. The law, he said, gave the Community no
powers Of individuality. They therefore conveyed
their properly in fee 10 four members known as
trustees The will of these four trustees was law
and they inculcated the spirit of obedience among
the members from infancy up. Colonel Hart claimed
that when Burt signed the covenant of 1873 ho did
not know that his patrmony contained the wafer
power that furnished the Community with continued
PROSPERITY He thought that his possessions comprised
only the humble property OF his father. Believing
as ne had been taught, that every member was his
brother or his father, and ignorant of the wiles OF
the world, he knew nothing of the IN
trcacles OF the drawing of deeds: contracts
or releases Those who signed the release did nor
know what they were signing away, but The four
" trustees'-Noyes, Hamilton, Kellogg and MoOworth-
did lie claimed that the trustees did not deal fairly
with the other mcEbcrs OF the Community. The court.
he thought would look rather 10 doing justice TO
person OF whom had been taken an unfair advantage
rather than legal echnlcalitles In case in equity.
Colonel Hart VIII conclude his argument tomorrow
morning.