The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-07-08
MARINE SOCIETY BANQUET.
Question of Payment for Same Heard
in Supreme Court.

was the Taking of the Society's Funds Tor
the Purpose Legal?-Arguments VIII be
Heard Today.
The Supreme court was in session
yesterday, Judge Haskell presiding, the
April term having been adjourned TO
this date The greater part of the day
was occupied in the hearing Of the case
of BENJAMIN Il. Woodbury. against the
Portland Marine Society and John W.
Dcering its president, and William
L eavitt its treasurer.
This is suit in equity brought by
Captain Woodbu member of the
society, prior to the holding of tine
annual banquet of the II empers on the
9th of February last, to restrain the
association from expanding from it's
funds the sum of $500 for the banquet
and the further sum of SIS voted as a
donation to the daughter of a deceased
member.
At its annual meeting held on Deem
Der 1t7h, 1895, the society voted to
appropriate the above sums for the pur-
poses named. The plaintiff claimed that
such expenditures were in violation of
law and the rules covering the DISPOSE
tion of the property and funds of the
society, and asked for temporary in
junction, during the tendency of the bill,
to restrain the president and treasurer
from making such payments. The
motion for the temporary injunction was
heard by Judge Strout before the banquet
was held, and was denied. The society
then proceeded to hold its annual dinner,
paying the expenses for the same,
amounting to $3.50. 80, in accordance with
the vote of December 18th. The donation
referred to, to which objection was made
upon the ground that the beneficiary
was not the widow, or an orphan of q
deceased member. was also paid, with
others to which no objection was made.
The last banquet having been held on
the centennial anniversary of the society
it was more elaborate, and the expense
was about 500 greater than for those up
On former occasions.
The bill in equity having taken it's
course according to the equity rules, now
comes up for hearing on bill, answer and
proofs, after the expenditures which it
seeks to restrain the society from
making, have been made. The defense
admits that the sum of $500 was appro-
priated for the centennial expenses of the
tion of any rule Of the society or rule of
law, and claims that no part of the same
was paid from the permanent fund, but
from the accumulation therefrom. The
defense further admits the payment of
the donation of SIS to the daughter of
the deceased member, and claims that
she was entitled TO the same by the rules
of the society.
Counsel for the plaintiff offered in
evidence the special act OF the Massachu-
sets legislature passed February. 20. 1896.
to incorporate John Thobo and others in
to society by the name of the Portland
Marine Society, its object being among
other things, ''the promotion of the
knowledge of navigation and seaman
ship, the relief of decayed and disabled
seamen, and the poor widows and or
phans Of deceased seamen;" and also
offered the bylaws of the association,
and the testimony of the plaintiff touch
ing his knowledge Of the laws and rules
governing the disposition of the funds
and property of the association, as to the
officers of tho society and the vote of De-
cember 18th. authorizing the expendi-
lures in question.
The defense offered the testimony o
Captain William Leavitt, the treasurer,
Hon. John w. Deering, the president,
and Captain Charles H. Chase, former
president, IN regard to the condition of
the sooietylat the time the holding of the
annual banquet was inaugurated, and
the increased interest in the association
aroused thereby. It appears from the
testimony of tho witnesses that, at the
time of the first annual banquet in 1889,
the membership of the socisty had been
reduced to about twenty, ana the in
vested fund in 1888 was 1874 600. The
question arose among the members as to
the advisabil:ty of dissolving the society
and distributing it's funds among the
mem ers, but it was thought in the event
such action was taken the fund might
revert to the state, and iu was decided to
do some missionary work to awaken new
interest in the association. The result
was the Inauguration of annual banquets
and through the efforts of the members 70
largely increased membership. The
present members number about sixty,
and the invested fund is now 1927, 075. SO,
showing an increase of So, 075.3s.
At the conclusion Of the evidence the
CASE WAS adjourned until ten o'clock this
morning, when the arguments will be
made.
Eben W. Freeman, ESQ.,. appears for
the plaintiff, and H. and W. j. KnowI,
ton for the society.
Edgar .. Hawkes., petitioner for
partitioner, VS.. William Chenery ct ais.
The parties to this petition are the
owners of strip of land south of DeIano
park, 80 rods long and rods wide. ex-
tard;r,, fro,,, tho road m the cbora IT.,