New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-28

WHAT TO DO WITH $500
Nine Want to Distribute 1t;
Eight Insist on Keeping
Cash-Court Reserves
His Decision.

While other Grand Army posts
throughout the United States with their
yearly dwindling memberships are puz-
cling themselves concerning what is TO
become Of their property and funds when
they have all answered the last rollcaIl'
Adam Wirth Post, Of College Point
Long Island took time by the forelock'
and by q vote Of nine 10 eight decided 20
divide a fund OF $500 among the seven
teen members, returning 10 each OF the
seventeen the full amount paid In dues
since the post was organized. 1t was
this action that brought the entire post
seventeen strong. before Justice clark
in the Queens County Supreme Court
yesterday in battle array.
Commander Frederick wilkins, AiJu-
tant Charles Marx and Comrades Charles
Ludwig and William Hoeng, trustees ot
the post. who voted against the r"solu-
ton. were opposed to disposing o. the
fund In this way, although ComraGe
Henry Straub who is also a trustee
had already signed an order for the
withdrawal Of the money. The conro-
versy was submitted to the department
commander Of New York State. ana IN
his answer Assistant Adiutant General
John Conway pointed out that, as the
present dues Of Adam Wirth Post were
but 30 cents a year and the expenses
500 a year, II the reserve fund was DIS
bursed among the members there would
soon be a deficit. Thus it was deciGeI
in departmental headquarters that the
resolution to distribute the fund vas
illesal and void and Judge Advocate
William A. Bryd directed that all ac-
ton 10 distribute the money be aba1-
donnd by the post.
But the nine members who voted III
favor Of the resolution determined u
enforce its provisions. so they engaged ah
attorney. Frederick S. Rauber, to apply
for a writ Of mandamus TO compel the Cd
iecting trustees to sign the prd@r LOT
the Withdrawal OF the money. Mlndiui
Of their old lighting days the minority
retained Arthur Van DeWater, Of George
Imntsman Post. Of Flushing, to oppose
the application. and thus il happened that
the entire post, nine on one side and
eight on the other, appeared In court.
What will become OF the fund II there
is remainder when the last surviving
member dies?" inquired Justice clark, at
the end Of the argument.
Mr.. Van DeWater replied that ii would
go TO the state organization, while Mr..
Rauber replied that he believed that it
would be divided among the families m
the former members OF the post. In F'-
serving his decision, Justice Clark SAID
he was inclined TO deny tn" application
OF the majority Of the post Tor a disu.-
button OF the fund.
"As these members grow older 10 -
proba BILE that their families viii not b"
able TO pay for their proper burial and
think the fund should be kept for that
purpose"
Furthermore, as part OF the fund was
made up Of Memorial Day contributions
and money received from the city OF New
York. Justice Clark did not think the
members had the right 10 distribute \
among themselves. JustiCe Clark asked
Tor ali the papers in the case. In tn
mean time. members Of all the Grand
Army posts throughout Long Island viii
await his decision with Interest