The Portland daily press., 1899-07-01
THE COLONIAL DANES.
A Legal Question as to Who
Owns the Title.
Echoes from an interesting Trial "a,
New York.

A very stirring wa Is now going on In
the Society OF the Colonial Danes. This
society. as is well known, Is composed OF
descendants Of this soldiers OF the old
and more select than the society OF the
Daughters of the Revolution. 1t Is rep
resented by branches In all parts OF the
couatry. Maine having Hourishiuz di
vision OF the order.
The difficulties which have arisen are
In process of settlement in the supreme
court of New York. before Judge book
staver. The difficulty takes the form Of
suits by the Colonial DANES Of America
sgsiusl the National Soriety Of Colonial
ID imes and the Colonial Danes OF the
tate Of New York, respectively. The
Colonial Danes Of. America ars seeking
to get an injunction restraining the de-
fsndant societies from continuing to use
in their titles the words Colonial
Danes"
The trouble is not new one, for the
Society of the Colonial DANES OF Ameri.
ca, which was organized on April 10
1871, has asserted an exclusive right 70
the term Colonial DANES +" In its APP
plication for an injunction the plaintiff
organization maintained that the nse by
the defendant associations Of the words
Colonial Danes was greatly injurious
60 II, both socially and financially, aud
that the title Colonial Danes" attracted
IN khpoa nthar .s.tnkt.,e .r...,. .xn..a.. - :.
would otherwise join the original associ-
alton.
The incorporates OF the plaintiff socie-
~ were Elizabeth Duer King, klizabeth
So'uiie SerdiDer, kmiiy ~ Trevor, Mary
w Wv Rsnsselatr Eleanor Van
Rensselaer, .Faiffax, Mary: Win wyck
~, iv.., l,lti aha J, ..amb. Cornslia A.
lieeRmhn, Annie Townsend Lawrence,
Sarah Alden Derby and sarah Goodwin
King.
The particular object OF their society
was ITO collect manuscripts, traditions,
relics and mementos OF bygons days; to
commemorate the history and success of
the American Revolution and consequent
birth of the Republic OF the United
states; to diffuse healthful and intelli-
gent information In regard to American
history, tending to create popular inter
est therein, and to inspire patriotism and
love OF country; also to promote social
intercourse and Fellowship among It's
members.n
Col. Franklin Bartlstt, counsel for the
Colonial Danes of America, said ia his
complaint that the defendant, the
Colonial Danes OF the State OF New
York, was incorporated under the laws
OF the State Of New York on April So,
1898. He said that the defendants name
was unlawful. The same allegation was
made In regard to the other defendants
use Of the words Colonial Danes.
John III. Bowers. counsel for the de-
PENDANT, contended that his clients had
perfect legal right to use the words
Colonial Danes.
Among the members of the Colonial
Danes of America present when the trial
began were Mrs. Richard Cadwalader of
Philadelphia; Mrs. Arthur Peabody, Mrs
John Hone, Mrs. John Lyon Gardiner
and Mrs. John Delafield,
Mrs. John Lyon Gardiner, the Presi-
ent Of the Colonial Danes OF America,
was the first witness called by Col. Bart
lett. She told OF the organization of her
society and OF the preliminary meeting in
1890.
Col Bartlett read the minutes OF the
pr eliminaIy meetings, which were held
RENSSELAER, at lc2 Lexington avenue. The
members OF the Colonial Danes of Amer
lea we're still entering the court during
the reading OF the minutes. Among these
later arrivals were Mrs. Edward King,
Mrs. Matte Coster, Mrs John Girard,
Mrs. Louis Delafisld. Miss Adele Gardi-
ner, Mrs Walter Oakley, Mrs. j. Wood
nut and Mrs. Thomas Ward.
The members of the Colonial Danes
Of the State of New York were also pres
INT In considerable numbers. Some o.
these were Mrs. Samuel Verplanck, Mrs.
Morris y. Ferris, Mrs Hamilton Fair
fax, Mrs. Arson p. Atterbury, Mrs
Eugene Van Rensselaer,, Miss Margaret
Hall, Miss Ruth Lawrence, Mrs. VI. b.
Beekman and Mrs. Oliver l.. Jones.
In the course OF the trial one Of the
witnesses, MRS. Csdwalader, Testified as
follows about the altitude OF the 'phila.
delphia Dame:
They said something about not want.
Ing to join New York organization, as
they considered that the colonial ancestry
than that Of the women of New York"
The reply created no small commotion
among the women present.
Mrs. Cadwalader described the Phila-
delphia meeting. when there arose a
serious discussion between the women of
the two rival organizations as to which
one had the exclusive right to use the
name Colonial DANES" She said that
Mrs. Andrew Blair had made q little
speech to the effect that there should be
no discussion about the right TO use the
name; that women of good breeding
should not become involved In legal con-
troversy, but that the unwritten law of
nohlesse; ohlige should prevail.
what did some of the objecting Phila-
delphia ladies say at that meeting in
Philadelphia asked Mr.. Bowers, On
cross-examinatiou.
~ do not recall exactly" replied Mrs.
Cadwalader. "rhey objected to New
York ladies coming over and starting q
chapter of New York organization, and
they said they thought that the families
Of the Philadelphia ladies were better
than those of New York ladies OF colonial
ancestry
''How many Philadelphia ladies attend
ell that ineetinaY" inquired MIR. Bowers.
About 40, believe replied Mrs.
Cadwa lader.
s'Did the objeoting Philadelphia ladies
c,me Ia body to the meetingP' inquired
the lawyer.
'They came in like cyclone, remained
about 20 minutes and went away in
body" said Mra. Cadwalader
Mrs Elizabeth Coralie Gardiner, Presi-
dent of the Colonial Danes of America.
the plaintiff, positively contradicted evi.
dence given few days before by Mrs.
Mason of Rhode Island about require
ments of wealth for membership in the
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