The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-23
RIVAL COLONIAL DANES IN ooURE.
DisputinG the Right 10 Use the Title Adopt
ed First I'm Now YORK.

The trial OF the suits brought by the Colonial
Danes OF America against the Colonial Danes
| Of the State OF New York and the National So
| oiety OF the Colonial Danes OF America OF which
| the State society Is n branch. was begun In
| Part V. Of the Supreme Court yesterday before
| Justice Bookstavar. The Colonial Danes OF
America ask for an Injunction restraining the
other societies from using the name Colonial
! Danes" alleging that the use OF the name By
, the defendant societies 10 an Injury financially
md socially to tho Colonial Danes OF America
In that the title attracts persons to MON bership
who would join the plaintiff society.
The plaintiff society was organized In New
York city In 1890 and was incorporated in this
State April II. 1891. The defendant society
was organized in Philadelphia'on April 8. the
same year. The Colonial DANES OF New York
was not incorporated until April %. 1893.
The general officers OF the plaintiff soci-
ETY.. aside from the officers OF the chap
ters most OF whom were In court. are: Presi-
dent, Elizabeth Coralie Gardiner. wife OF l.
Lyon Gardiner: Vice. Presidents. Mrs. Thomas
Wren Ward and Mrs. James Watson Gerard |;
Secretary. Mrs. T. M. Cheesman: Treasurer
Mrs Oscar Edgerton Schmidt: managers. Mrs
AIchibsld Alexanderi Mrs. Joh99 Hone. Mrs
historian, Miss Julia Livingston DelaGeld.
howard TownseHd. President Of the National
Society OF Colonial Danes: Mrs Charles G.
Justice Lawrence Of. the supreme Court; Mrs.
Samuel verplanck, Mrs, Oliver l.. Jones. Mrs.
oRrFss or Arson f htsbnrs
Mrs. W. b. Beekman and Mrs. Eugene Van
Rensselaer,.
Dames OF America. in opening the case said
that It was suit in equity brought in u part to
To Towns as President OF the national society
named from using title which is the proper,
y as a trademark Of the Colonial Danes o, OF
V Van Renss s'H s in in New York on MAY H. 1s33
Mrs V John h0 lyon " Gard iH the President Of
the plaintiff society. was the first witness.
she testified as to the orgHnza q, lon Of the So
1890, she said. each woman present was asked
to suggest an Appropriate name at the next
held IN N?Vem i $40 Mrs. Van Rensselaer,
proposed the name The Society Of Colonial
. DTss & chen sPs Rns gee
dent and the witness First Vice President. No
mHHttoess were adoggted at this meeting. p,u,
delp6is was next called. She told Of the form
ing OF a branch society Of the Colonial DANES
Crawford Arnold 81 Phtladelphia was trying to
form an organization OF colonial women indie;
Hsdot G se sqf III Fs s Tns sS
Mrs Arnold that nearly al her friends were
already connected with the original society
and she would rather belong to that society.
She begged Mrs. Arnold to postpone the form
ing OF the new society until Mrs. Gardiner was
heard from. Mrs. Cadwalader thought Mrs.
Arnold had given up the idea. but later Mrs.
Arnold told her that she didn't see tho necessi-
ty Of having any connection with any other So
women considered the ancestry OF the mem
hers q the New York society, inferior to that OF
cided to form separate organization.
Mrs. Mary ID. Hodge, wife OF the Rev. George
Woolsey Hodge and memb Der OF the plaintiff
society. was the next witness. She testified
that at m Getting OF the society. held in April.
she had protested against the use OF the title
Colonial Danes" by tho other society. Mrs.
Andrew A. Blair testified that she sevunded the
protest.
Mrs. Lewis Livingston Delafeld testified
that tho plaintiff society had distributed a
large sum OF money to help our soldiers in the
recent war. Mrs. Elizabeth Fisher King and
Miss Jane J Boudinot testified as to publica-
tions issued by tho society. and Miss Cavenalt.
the Assistant Secretary. testified as to confu-
sion IN the mails due to the similarity OF the
names.
John NJ Bowers. who was counsel for the de-
fendants. In opening the defence commended
that the names are not confusing and that the
plaintiff has no right to the exclusive use OF
the words Colonial Danes"
Eleanor Van Rensselaer Fairfax, the first
witness for the defence. said that she was one
Of the incorTorators Of the plaintiff society. but
resigned. after remaining in 1t two years. to
become one of the organizers OF the Colon ial
Danes OF New York. After her testimony the
case went over to to-day.