Waterbury evening Democrat., 1907-01-18
COURT PHELAN'S CASE
F. '. McKiernan Gains By De-
 cision of Grand Chief Ranger.

F. H. McKiernan, who was ex- pelled few weeks ago from Court Richard F. Phelan. and on one or two occasions removed from meetings by force, gained point over his op- ponents last night by a decision of the grand chief ranger. which puts him back in the society and for the time being at least actually staggers those who felt that he was down and out for good. The decision is as fol- lows:
 Appeal: P. H. McKiernan vs Court R. F. Phelan, No 122, F. of A.
 Tt appears from papers before me P. H. McKiernan was declared ex- pelled from Court R. F. Phelan by vote of the court on November 1. lS06, on the grounds of felony, by the superior court of Connecticut, held at Waterbury, a few days previ- ous to action of court; also that the conviction of McKiernan on charge or conspiracy to defraud constituted felony and were justified in expell- ing him. under general laws. article 2S. section 21. division B. From this action and decision an appeal was taken to Deputy Grand Chief Ranger by appellant on the grounds that he did unknowingly become 8 party to a conspiracy sometime ago. and paid a fine for so doing. and that the offense for which he paid penal ty was not felony or so considered under the laws of the state of Con- necticut, but is defined as a misde- meanor. And that the act of the court was positively illegal and in al. rect opposition to the general laws of the order. Also that the action at that meeting was unconstitutional.
 Deputy grand chief ranger ruled that Brother P. H. McKiernan was not convicted of felony. but of a misdemeanor, and was not amend. ble to article 28. section 21, sub- division B, general laws.
 Therefore he was illegally ex. pelled from court and the order. Deputy grand chief rangers ruling sustained.
 Court Phelan objected to appel. lants appeal being considered by deputy grand chief ranger, because no notice of appeal was given in writing, or in any way, within ten days from the decision of the court, although the appellant was present at meeting at which he was expelled and appellant, according to section of article XIX, has no rights to have his appeal considered.
 Deputy grand chief ranger ruled that as Brother McKiernan was not present at meeting at time action was taken by court and as he was notified on November 10 by secre- tary. his appeal was within time limit Deputy's ruling sustained.
 Second contention of court that what Is a felony according to the pre- vailing law in the different states and territories where the Foresters of America exists. is felony in Con- necticut. l am of the opinion that the laws of the state of Connecticut would apply in this case. And SO decide.
 THOMAS v 4oUGHLIN,
 Grand Chief Ranger
 "Naugatuck, Jan 12, 1907"
 The finding of the grand chief ranger was ordered on file without comment. This was followed by a motion which was passed unanimous ly that charges be preferred against Mir McKiernan for conduct unbecom- ing Forester. Then, as if to show that there is no bad feeling between the members and Mir McKiernan 1t was decided not to press the charge of conduct unbecoming an oficer provided McKiernan should resign from the court. It is understood that the case will be fought into the last ditch and 1t may take some time to reach the end. In any case the rul. ing of MT O'Loughlin is a big victory for District Deputy Riordan, who first passed upon the question and in whose conclusions no error was H,,x twI ~t-