The sun., 1897-04-21
VAR OF 1871. SOCIETIES CLASH.
Ono Seeks to Enjoin the Others Use OF simi-
lar Name.

lar Name.
The Society OF the War Of 1912" moved be-
fore Justice Beach of the Supreme Court yes
terday for an injunction to prevent the Society
OF the War OF 1912 in the State of New York I"
from continuing the use OF that name. 1t was
set forth that the plaintiff was Incorporated on
Jan. 8, 1892, by descendants of veterans OF the
war OF 1912 and had members whose names APP
pear on the pension rolls. Its objects are patri-
otic literary, benevolent, social. for the collec-
tion and preservation OF manuscripts and other
documents relating to that war, and to COM
memorate the war yearly by meeting on Jan. 8,
the day of the battle OF New Orleans. Asa Bird
Gardiner, for the plaintiff. said that his society
meets III the Governors Room in the City Hall
on Jan. 8, each year.
1t appeared that the defendant society was
incorporated on July o, 1885, its incorporators
being Henry Ketchuin Averill, Jr., Hiram Wal
worth, George +. Nichols, Nathan Henry Jones,
George Henry Beckwith. Orrcl Town Larken,
Sylvester b. Miller, Henry ID. Graves. Henry
Harmon Noble, and George Comstock Baker.
Its objects are mostly similar to those Of the
plaintiff society.
II was stated that one OF the incorporators OF
the defendant was an unsuccessful applicant for
admission to the plaintif society before the
formation OF the defendant, so that the defend
plaintiff. Col. Gardiner said that the name
taken by the defendant would confound 1t with
the plaintiff. and that in the event Of beQuests
to the plaintiff the bequests might be claimed,
with Some chance of success, by the defendant.
An affidavit OF George w. Olney pre-
sented to the court, in which IL was said that
Henry Harmon Noble bad applied for member
ship In the eplaintif, but had not been accepted.
Frederick +. Wadhams OF Albany, counsel for
the defendant, said that since 1914 various as
sociations Of veterans OF the " ar of 1912 have
been formed under different names. OF which at
least two old ones are still in existence. Ono
was organized in Maryland in 1914 and another
in Pennsylvania in 1857. Delegates from those
societies and other delegates from Massachu-
setts Ohio. and Connecticut met in s94 and
ganized the General Society of the War OF
1912, which has headquarters In Philadelphia,
and OF which the defendant is branch.
Mr.. Wadhams said that the plaintifr society
was oo! authorized BY an MA, Act @ OF the LeEiseture
OF Artillery" and to use its name. Since tho
consolidation he said the plaintiff has been
known as The Veteran Corps OF Artillery,
Military Society OF he War OF 1872" or Milf
tary Society OF the War OF 1872" Ifthc plaintiff
kept 10 either Of these names there was less
chance OF mistake. The plaintiff society
restricted to scendants OF officers OF The war
OF 1912 while the defendant admits the descend.
ants OF private soldiers. Mr.. Wadhams said
that people can distinguish societies Of quito
similar names such as the sons OF the Revolu-
tion and Sons OF the American Revolution"
Daughters OF the Revolution" and "Dnugh.
tiers OF the American Revolution, and Colonial
DANES of America" and Colonial Danes OF
America OF 1890"
Justice Beach asked counsel to submit briefs.
reserving decision.