Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-03
COURT WON'T APPOINT
Mrs. Early Fails to Get Guar
dian for Husband.
LACKS THE JURISDICTION
American Security and Trust Com
pany Volunteered to Act.
so THE PENSION MUST WAIT
Commissioner Warner Now Looks
Toward Soldiers Home for Solu-
ton Of "Red Tape" Problem.
20 THE PENSION MUST WAIT

Mrs. Lotte f. Early, wife of john r.
Early. the leper. today applied to the
Probate Court for the appointment of the
American Security and Trust Company as
guardian or trustee OF the estate of her
husband. who it is understood will be
granted a pension at the rate of $12 per
month. Justice Stafford to whom the
petition was presented, declined to make
the appointment for lack OF jurisdiction.
The code he declared, had made no pro-
vision for such cases.
When Commissioner Warner of the
pension office was informed OF the court 8
refusal to appoint a guardian he said:
well. it is all up with us in that d-
rection. We will have to take the mat
ter up through the Soldiers Home now. 1
was earnestly hoping that the technical
difficulties would be removed through the
courts. The pension has not been granted,
but will be Just as soon az some sort OF
guardian or board can be appointed
The petition of Mrs. Early. prepared
by Attorney Hosea +. Moulton. informs
the court of her husbands physical con-
dition and states that owing TO the ma
turc of the disease he Is unable to draw
the pension or handle the funds arising
from It.
Attached to the petition is a statement
by Early that he concurs in the applica-
ton for a guardian. His signature to
this paper was made in his presence and
in the presence of two witnesses By Adjt.
Charles Wiseman of the Salvation Army
". L. Walter. an old solder and PEN
sioner who has been interested in Sc
curing the pension for Early, saw Justice
Stafford about the appointment and was
advised Of the courts refusal Mr.. Wal
ter told Star reporter that anticipating
adverse action by the court he had ar
ranged to provide Early with a long
stick to be used in touching the pen held
by the notary public, before whom the
voucher for his pension check would be
acknowledged. The notary will sign the
name of Early with a mark.
The only drawback yet to be overcome.
Mr.. Walter said, was to get the post Of
flee officials to authorize the delivery of
the pension certificate and voucher to
Early by laying the envelope on the end
Of the stick The orders Of the depart
ment require personal delivery to all pen
sioners. Mr.. Walter hopes to arrange
this matter satisfactorily.
If the certificate is delivered in this
manner, it could be Immediately taken
possession of by the wife. the voucher re-
moved and executed as suggested The
check in payment would be treated like
wise and the Endorsement made also by
mark.
Attorney Moulton said he was informed
that the American Security and Trust
Company had consented to Serve without
compensation If the court had seen fit 10
designate the company to act in behalf of
the leper.
Telegram From North Carolina.
Henry Clay Mclean the acting health
officer of the District. received a telegram
this morning from Hayden Clement, as
sistant attorney general of North Caro-
lima. in which he said that the question
Of the leper, John Early. Mho is now
being cared for by the District will be
taken up in few days, and it will be de-
termned whether or not North Carolina
should receive him. Mr. Clement said it
Will be day or two before he gives an
opinion.
The local health officials believe that
the leper should be received in North
Carolina. his home state. but from the re-
ported views of Gov. Glenn of that COM
monwealth it is considered very doubtful
by the local authorities that the North
Carolina authorities will agree to the
transfer.
Gov. Glenn is quoted as saying: THE
federal government will have lively
time shifting the care of John Early, the
leper. off on this state unless 1t is proven
beyond doubt that he did not contract
the dread disease while in the service of
the United States Army"
BY reason Of his having been a soldier
in the United States Army and being in
possession of an honorable discharge
Early Is to be elected life member Of
Porter Garrison. No. 6. Army and Navy
Union of this city. Capt. ]. ]. Strain,
adjutant OF Barry Garrison; Capt. j.
Walter Mitchell and William A. Hickey,
as a special committee appointed for the
purpose. sent Early a letter yesterday
afternoon. in which the sympathy and
good wishes of the members OF the union
were extended to him and he was wished
every possible good fortune and O speedy
recovery.
They informed him that Friday night he
will be elected a life member. In COM
pliance with the bylaws Of the union 1t
will be necessary for the honored leper to
pass an initiation, and in view of this he
will be initiated by proxy. Early was
greatly pleased when he received this
comp limentary letter from his soldier
comrades His spirits were bright and
he seemed more hopeful about his future
than at any time during his isolation.
Learning to Play Either.
Early has been presented with a either,
and ne spends several hours a day mas
|teripg the arts Of performing on It. He is