Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-07-11
,sprc,,1. TELEGRAM TO THE DISPATCH,

ESPECIAL TELEGRAM TO THE D1sPATcH.l
SYRACUSE, July 10.-Attorney NJ. M.
Waters, as referee, heard the case of Charles
A Burt. of Rochester, against the Oneida
Community to-day in his Office. The suit
is one of the most important in many re-
spects that has been tried in the Supreme
Court of this State Besides involving a
large amount of property, the case is anom-
alous to great extent, and the decision
will establish a precedent for judicial law
in certain property relations which have
never vet been called up for adjustment
Mr.. Burt was formerly a member OF the
community before it became an incorporated
body, and it is claimed, but denied on
his part, that he was legally expelled,
by which act he is held to be deprived of
any interest in the wealth of the organiza-
ton, which is estimated by some as high as
81, ZOO. The importance of the litiga-
tion made it seem advisable for time to
call a special session of the Supreme Court,
but it was finally stipulated by the parties
that the matter might be brought before Mr.
Waters as referee, with the sa.Ie effect rs
though tried before a Supreme Court JUS
tice. For many weeks the taking of evil
dence was continued at intervals, so that in
all at least IA days were taken up by 1t, and
alter the summing up to-day Referee Waters
will be entitled to 60 days for the filing of
the decision with the County Clerk.
A PERFECrIoNIST FROM YOUTH.
When, abou. so years ago, the Society of
Perfectiouists. known as the Oneida Com
munity, was organized by John Humphrey
Moves, the plaintiffs father decided his farm
TO the community and became a member.
From infancy the plaintiff was one of the
society till he was 40 years of age. Being
considered unusually bright, he was given
better education than most of the young
men associated there and was sent 10 Yale
College. Afterward he was put in charge of
the mechanical department of the communi-
ty, and finally had charge of the sales of
canned goods. At the same time, he saws,
by consent of the community, he ham
died canned goods put up at Buffalo with
the understanding that in every case he
should sell community goods if possible.
While in this department. he claims that
his health gave out and he was directed bv
his physician, DR.. John Van Duyn, of this
city, to leave the institution for time.
During his absence, it is said. he continued
to sell canned goods, depositing the pro-
ceeds in the community's bank at Oneida.
During that time Burt was declared ex-
PEELED IRON the society and was given no
compensation for the interest which he
had held before the alleged expulsion
After this occurred the flight of Mr.. Noyes,
the founder of the community, to Canada
and his death there, leaving the organiza-
tion somewhat at sea and requiring radical
changes In 1881 the free love tenets were
discarded and the entire organization was
changed by Incorporating it into stock
company.
INTERESTING LEGAL POINTS.
The method of holding property by the
community was peculiar and in many re-
spects entirely independent of the State
laws, but never questioned, because the
members of the society willingly submitted
to the social laws. The real and personal
property was held in the names of a very
few leaders, by whom it was managed for
the common good, each member receiving
what was deemed necessary for him or her,
and the surplus added to the rapidly grow
ing wealth of the community. On the in
corporation of the society the property was
transferred to the incorporatOrs. Among
the interesting points of law to be settled
are: Did the leaders of the community, to
whom all the real estate was decided
under the old order of things really own
1t in fee simple or in trust for all the MEM
bers? Did those leaders have the right to
convey absolute title to the incorporators of
the new organization? Had the old COM
munity right TO expel Mr.. Burt under the
existing circumstances? Even if the social
expulsion was proper, could it deprive a
member of whatever vested rights he may
have attained by his services and association
with the community? The community lead
ers assert that the right to the property
was wholly with those individuals by whom
IL was held and that Mr.. Burt and other
ordinary members were only entitled to their
board and clothing while they continued
to be members.
COURSES OF PROCEDURE.
In case Referee Waters decides against
the community. 1t is probable that he will
simply order the directors to give an ac-
counting, for which work another referee
wOnld have to be appointed. Then the
Court will have to settle whether Mr.. Burt
would have the right to seize upon the
property to satisfy his claim on account of
a conversion of his interests by the old
leaders of the community, or whether his
claim of his share in the property and the
use of it should be computed and turned
over to him by the incorporated company
Mr.. Burt is said to estimate his claim
from $4,000 to S100,O00 Colonel George
H. Hart OF New York, is attorney for the
plaintiff, with T. X. Fuller, Of this city,
counsel, and Francis Herman, OF Utica, as
attorney for the community, with Tracy and
McLenon, of this city. for counsel. This
afternoon Attorneys McLennon and Fuller
finished their arguments and ex-senator
Francis Klernan spoke for the community.
After Mr.. kiernan, Colonel Hart gave the
final argument for the plaintiff, after which
the case will be submitted to the referee to-