New-York tribune., 1909-03-31
An ARMED PEACE
Justice Hendricks Imposes Truce on
Rubinstein Factions.

Pending further sction y the courts te l'.oS
- the Rubins;ein Club are 10 he SUBJECT 10 'i7
sos-- draft Of DR.. Adelaide WaHerstein aro ME-
u-,-p,zrn n Chapman. leaders Of the contendlnE
s..5o-s IN ,ha nrRznization and g they can
.S-es the money viii stay in the bank So Justice
J5erdrick ruled in the Supreme Court yesterday
morning He further ordered that the DOCKS TO"
a. rbe hands Of the Sheriff. be returned 20 the
custody Of Mrs Chapman. and that the remaining
concerts or tie season. the next one being soneo-
,,1ed for April 10 he given under the auspices hE
which they institu1ed-Which means the' M
Wsllersteir Who was Forcibly excluded from me
last musical. viii have 10 he permitted 10 piFs'7
81 the nexl one. William H. Chapman is 70 con
tinre musical director till the end OF the season
TIE court seemed IN think this quite simple
solution OF the difficulties under consideration Al
though 70 every else il suggested the Eohl"s
together % buckinE bronCos. in oToeF '''e'
tFs musical programme arranged at the pezili's
of the might be carried out, II was e'i"e"'
that some modus Eivendi had 10 be agreed upon
and the Chapman party conceded 'hal ME-
wsllerstein still president. and Mrs. 'hap'Ah
ha6 been secreta r1-treasureT OF the unoisfup'eh
club before she was elected 10 the same office BY
the seceders. his honor didn't see Why the Pres'-
dent and secretary couldn't get together
But that is Just the trouble objected Maurice
3. Dean. attorney for the Chapman party 'Ihey
cant get together
However. justice Iendrick ruled that they must
do So although he admitted that he did not expect
them 10 love each other.
A court order cannot promote arnity. lie 90
served. 1t would be better II clubs you'd resu-
late thei~ own affairs instead OF asking the Su-
prene Court TO regulate them. They are getting
much in tho habit of rushing into court with
every trivial difference"
Mrs Wallersreins attorney. John ConviHe- pro
tested that the case n hand could not he con-
sidered trivial. since there were several thousand
dollars involved. and the judge replied that he had
intended his remarks to lie general in their aPpli-
cation.
The real questions ~ issue in the club VIII stl
have 20 be determined by the courts, each party
accusing she other # Illegal action Everything
depends whether not the club shall be held
70 have had 4 constitution and bylaws under which
Mrs. Wallerstein acted Her attorney admitted
that none had ever been regularly adopted hut ar
sued that tacit acceptance of Il certain order Of
procedure amounted the same thing Nh Dean
asserted that there had been any bylaws. and
submitted afidayits Of one hundred members 10
that effect. argued that in the absence OF by
Laws the state Law governing corporations should
apply. He stated that MIS-. Nallerstein ad arni-
trzrily appointed her officers and directors and
that after 5he club had accepted one set Of such
eppointees she had dorosed them and appointed
81 hers. Mr- ConEi'le argued that the taciuy &C
cepted bylaws gave the president the power - ap-
point her official staff. snd the Court ruled
that If the club had given its president arbitrary
rs7zer she had right % exercise il. II didn't
matter whether the bylaws were good or bad, so
long as they the bylaws.
Both parties recounted th- tro lhles Of the club
from the beginning. but the only new feature
rrcs,zbt otIr hitherto unexplained cause OF
TIE Chapman rebellion. two weeks after Mrs Chap
man had nominated Mrs. Waerstein for the presi-
denry According To Mr.. Dean. Mrs Chapman
made this nomination condition that Mrs Wal
Ie-sfeir would cease her contention with another
roer7h1r Nine Marie cross Newheus-
That vas January :. said Nj Dean 'l'H
Iarr.arv s. s interview pUrTortiDg "a be Win MIS-
WaUerstein and alUdinz 10 this member in a most
,J7rleasan- Ray appeared in one Of the uewspap pTs
Mrs Chapman called up Nrz- Wallerstein and -
minded her OF her promise Mrs. WalieTstein SAID
You must support me and help me 10 get Nine
NeU-hals out Of the club III disrupt Il.
The outcome Of the Interview. Mr Dean stated
was the meeting the reorganization held by the
C~hap77zn faction a. the Wadorf-Astoria. on March
L Mrs Wale-sten was invited he said, but did
not appea- Instead she called a meeting Of the
directors deposed SIX and selected IN their places
others more 70 her liking. and appointed new Off
GERS
Had sha had any experience in politics. IN
CURED the Judge
As 10 that Nj Dean could not say. but he was
sure that the facts as he asserted These
statements vera supported by Mrs Chapmans afh-
davft