The sun., 1908-06-27
CANT KEEP DIR. MOONEY In
COUNTY MEDICAL SOCIETY MUST
ACCEPT HIS RESIGNATION


Cnainpc AndrcwSs Career as Counsel
Mooney Made charges Against Him.
No society or club can compel member
TO reman In 1t against his will and make
him liable for the obligations OF the organi-
cation or subject to its discipline. Justios
Blanchard Of the Supreme Court held yes
terday In granting DR.. Charles ]. MONEYS
application for a writ Of peremptory man
damus against the Medical Society OF the
county Of New York. The Medical Society
will have to accept DR.. MONEYS resignation
at the first meeting Of the comitia minora
the governing body. or be in contempt OF
court.
Justice Blanchard's decision ends DR..
MONEYS hght to saver his connection with
the County Medical Society. The trouble
started on December 20, 1909. At $50 O'Clock
in the morning. when DR.. Mooney was
called TO the Hotel Roland. SO East Fifty
ninth street, to consult with DR.. w. II.
Bruyere, resident Of the hotel, as to the
condition OF Laura Altenberg. who was
known as the wife OF DR.. Carl Bahner. a
young German physician. Champe 9. An
drews, counsel for the Medical Society. was
acting as the woman's attorney. and when
she became Ill at the Roland he directed
that the house physician, DR.. Roland d.
Jones' who is also proprietor Of the Roland.
be called to attend her and said that he
would pay the bin.
DR.. Joness assistant, DR.. Bruyere. at
tended Laura Altenberg instead She told
him she had been the victim Of criminal
operation. DR.. Hruyere sent for DR..
Mooney, who lived at "A East Sixty-third
ha
consultation Champe 8. Andrews and John
8. Cooper, young man In Andrewss ONCE.
arrived at the hotel. Andrews appeared
to be angry and much surprised when he
learned DR.. Jones hadn't attended the sick
woman. Meanwhile Laura Altenberg had
told DR.. Mooney that she had been the vic
tim Of criminal operation. DIR. Mooney
took her word for it and did not examine
her. He advised her. though. TO 60 to
hospital or a sanitarium. saying that
hotel was no place for woman In her
condition.
In the lobby OF the hotel DR.. Mooney
found lawyer Andrews. DR.. Jones and
Cooper. He advised them that the woman
ought to be removed at once, Mr.. Andrews
said he was very much surprised. since
she had been at bis Office the day before
how che became dangerously Ill In that
short time Dr. Mooney took exception to
Andrewss 9 manner then and there and went
back up stairs with him to the woman's
her story to Mr.. Andrews In Dr, Mooney's
presence. Before Dr. Mooney left the hotel
Mr.. Andrews told him, he says. that the
case could be hushed up. he thought, and
that he would see to II that no harm came
TO DR.. Bruyere or to. DR.. Mooney. Or.
Mooney replied that he didn't want the
case hushed UP. that It ought to take the
That afternoon DR.. Mooney called up.the
County Medical Society, desiring to make
man OF the committee on ethics. DIR. Floyd
NJ. Crandall. the chairman, was in Europe
at tho time but when he returned, about
the 22d or Esd OF December, DR.. Mooney
gave him the information pertaining to
Laura Altenbergs case.
Ten DAYS later DR.. Mooney got letter
from DIR. Crandall which made him angry.
In reply to some intimations In regard to
Mr.. Andrews's case DIR. Crandall wrote:
The only effort to shield any one was made
In your behalf and that OF the hotel Through
the prompt and open action taken ty Mr..
And ews and hs efforts in your behalf You
were saved from arrest az the last person
concerned In q criminal abortion and the
hotel was saved from considera BILE scandal.
Some nasty articles were eady or the Herald
and the World and were kept out by Mr..
Andrews's influence. Instead Of suspicion.
YOU are both under tremendous debt OF
obligation to Mr.. Andrews and had a very
narrow escape.
DR.. Mooney. indignant at the injustice
he conceived had been done him, consulted
with DR.. Egbert H. Grandin. formerly
president Of the County Medical Society.
DR.. Grandin thought DR.. Mooney had plenty
Of cause for action against the County
Medical Society: DR. Mooney preferred
charges against Mr.. Andrews. the society's
society upheld the lawyer.
On December 81, 1907, DR.. Mooney sent a
| sharp letter OF resignation to the secretary
OF the County Medical Society. DIR. John
Van Dorm Young:
As cannot conscientiously remain in an
| organization whose unfair methods were
| demonstrated in the proceeding of last
year I hereby tender my resignation az a
member OF the New York County Medical
Society.
The members Of the oomtia minora
| directed tho secretary month later to
send DR.. Mooney this reply:
am directed by the comltia minora to
inform you that they have received your
resignation and that they decline TO receive
a document couched in language offensive
to the society.
DIR. Mooney wrote again, on January 81,
to say that the comitia minora had no right
to dictate what reasons should be sufficient
to him for resgning and that while they had
declined TO receive the resignation it was
evident from the secretary's reply that it
| had been received.
The society informed DR.. Mooney that
unless he Withdrew his offensive language
he would never be allowed to withdraw
from the organization. After waiting some
| time Dr. Mooney consulted his lawyers,
Studin 4 Sonnenberg Of e5 Liberty street.
On their advice he applied for a writ Of
| peremptory mandamus II was argued
that under the constitution and bylaws
| Of the Medical Society it was DIR. MONEYS
right that his resignation be accepted that
he had an inherent right. in fact. 80 long
as the resignation was Expressed in decent
| language, no matter how offensive 1t might
| be to certain members Of the society. Tho
| Medical Society argued that its governing
body had full Jurisdiction In the matter OF
| controlling the acceptance OF designations
and that II was the privilege Of the oomitia
| minora to refuse DR.. Mooney the right to,
withdraw Justice Blanchard held other
wise stating that the resignation must be
accepted forthwith and that DR.. Mooney
was clearly within his rights in using the
language he did.
JORDAN NO LONGER SUPREME.