The Birmingham age-herald., 1902-08-29
UNDERWooD's CLAIM.
Made In Ills Suit Against the Confed-
 crate Memorial Association.

The following from New York special to the New Orleans -Demod-at gives a fuller statement of the claim he makes against the Confederate Memorial association. It will be noticed that Un- derwood claims in his bill, for commits sions, salary, etc., $62, 0S9.92 However, this only sets forth his salary since the meeting of the U. c. V.'s in Memphis, in May 1901. Prior to that time he had drawn from MT. Rouss and the associa- ton $22.50o in salary and expenses-mak- ing a grand total Underwood will get, if he gains his suit for s17,779 of $S4, ,5S9.92. Moreover, he compromised the Marcus Daly contribution for s2o,0oO-s10,OO0 of which went to Underwood and his at torney CONFEDERATE SOLDIER.
 The Confederate Memorial association, organized in Mississippi, for the purpose of raising memorial funds, Is being sued in the supreme court in Brooklyn for the sum of s17,779, commissions alleged to be due J. H. Shaughnessy of Brooklyn, un- der an assignment of the claim from John c. Underwood, the superintendent and secretary of the association. The plaintiff alleges a breach of contract on Underwood, and the main contention Is over the commissions alleged to be due on subscription to the association by the late Charles Broadway Rouss amounting to s10O,O0O.
 When the Confederate Memorial asso- ciation was formed in 1896. Underwood was elected as It's secretary and super intendent. and a contract was entered into with the association that he was to receive a salary of $40O0 a year and 25 per cent on all the money he raised as a memorial fund for the defendant up to $2oO,OOO, and 20 per cent of all amounts above that sum. The plaintiff alleges that Underwood served in that capacity until May, 1899, when a new agreement was entered into that was a slight modi- fication of the first, and that this modi- fled agreement was again entered into between the parties on May 27, 1901, and was to remain in force for three years. Underwood alleges that under this agree ment he secured subscriptions of $S6- 07696. and that on January 12, 1898, he secured a subscription agreement from NCharlea Broadway Rouss for valid consideration, by which MT. Rouss agreed to pay the association the sum of slO0,000 in installments. He alleges that he secured three payments under this agreement of $GO,O0o, ana that on May g, 1900, he obtained for the defend- ant from MT. Rouss an acknowledgement and agreement. which was accepted by the defendant, that the entire balance was due and payable and placed to the credit of the defendant and subject to its draft Among the papers and marked as an exhibit is statement from MT. Rouss to the association acknowledging the subscription in it's purpose.
 Underwood claims that he should re- ceive a commission upon the sum of s1s6.~ 07696 this including the Rouss subscrip- ton, and he inclosed in the papers a schedule of his claims. upon which he alleges that balance of s17779.19 is due.
 In this schedule, Underwood charges the association with S46,51924 for com missions, ss,S93.a3 for salary. s2.S3sS3 for personal expenses, s2,750 for office ex- penses, s721.7S for sundries. s51s fl for special office sundries. s2.065.17 interest, $500 for extra expenses in effecting a compromise of the defendants claim against the Marcus Daily estate, and s34S.66 for money expended in connection with the Robert D. Lee portrait. He says he has been paid all but the amount sued for, and this claim was assigned to the plaintiff on August 13 last. The plaintiff demands judgment for this amount from the association.