Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-05-27
THE maine "
HEALTH DAY
ASSN IN COURT

Portland, Me-, May 26.-The Press
says: The financial affairs Of the
Maine Health Day Association as we'll
as the aims and purposes Of the Or
ganization with many other facts are
expected to be the subject of discus
sion in the supreme court here this
week Arguments will be offered on
a bill in equity brought by Frederic
L. Boothby against the organization.
The bill was entered some time ago,
but the arguments have not been Civ
en- and these are in order at any time.
Either Justice Haley or Justice Bird
is expected home from terms of court
away this week and the case may
come before them.
In the matter. about s12GO are in.
volved. This is now held by Col.
Boothby and he wants to know what
to do with it, whether it shall be
turned over to the treasurer of the as
ISOLATION or returned to those who
subscribed the funds to help carry out
the aims for which the organization
came into being
In the bill, which is a very lengthy
one, the statement is made that the
Maine Health Day Association was or
ganized on May II, 1912, with a capita.
stock of $1,000. 1t was designed to
educate the people and to help their
health by pointing out the dangers of
tuberculosis. The officers at the time
of organization were: President. A. A.
Downs; treasurer and clerk, Henry H.
Sawyer; directors, these two and r. A.
Mitchell
Col. Boothby says that, on June 5.
1912, Sawyer and John J. Hill came to
him and said they two had made Il
contract with the association for the
collection of subscriptions to further a
health campaign. One-half of the re-
ceipts, according to Hill and Sawyer.
were to be paid to them, while after
the expenses Of the campaign were de-
Quoted. the remainder was to be turned
over to the Maine Anti-Tuberculosis
Association.
Sawyer and Hill, according to the
bill. requested Col. Boothby to act as
trustee of the money collected. The
plaintiff recites that he knew he was
designated as Frederic f. Boothby.
treasurer but he declared that he re-
garded himself as treasurer of the
fund and not of the association.
Up to July 1912, the sum Of $1055
was collected and half of this was
paid over to Sawyer and Hill. On
July 1, 1912, the Maine Anti -Tubercu-
losis Association repudiated the con-
tract. Sawyer and Hill decided to
continue the collection of money and
announced that sanitarium would be
erected for the care and treatment Of
tuberclous patients. The further sum
Of $1055 more was collected.
Later in the month of July, Col
Boothby resigned his position as trus-
tee He received a letter from George
B. Goodwin of Biddeford, then presi
dent of the association in which Mr..
Goodwin prevailed upon Col. Boothby
to continue in Office with the under
standing that seven trustees were to
be named to care for the fund. OF the
s217O collected, $10s5 was paid to Saw
yer and Hill. The plaintiff now says
| he has S1137.S1 in his possession.
| The plaintiff recites that Monkey
Blumenberg is a creditor of Sawyer
and that, on June IL, 1914. Mr.. Blum
enberg came into possession of Sc 1-S
shares Of the stock of the association.
| by execution, when he bid in the
shares for one dollar at public auction.
| On Dec. 2, 1914, at meeting Of the
association, Frank ]. Hollywood was
chosen clerk and secretary and the
directors were, Lester E. Adams, Mox-
ley Blumenberg and Frank ]. Holly
wood. On Dec. 10, Mr.. Blumenberg
sent letter to Col. Boothby in which
he informed Col. Boothby that he.
Blumenberg, had been chosen treasur-
er of the Maine Health Day Associa..
| ton, and he demanded the money in
the possession of Col. Boothby.
| 1t was shortly after this, that Col.
Boothby brought his bill in equity
which is now to be argued. He charges
that Mr.. Blumenberg is not actuated
| by ANY charitable or philanthropic
| impulse but wants to obtain control
| of the money. Col. Boothby further
charges that he fears no part of the
| funds will ever be used for the exter :
mination of tuberculosis.
| AS a result Of the recital Of these
facts. Col. Boothby requests in the
bill that the court decree he be termed
the trustee Of the funds and not the
treasurer, and wants his position made
clear. He further wants to konw if the
| funds in his possession are to be re-
turned to the contributors. He asks
that the rights of the defendants be
set forth by the court and that they
also be restrained from any legal ac-
! ton to get possession of the funds.
The answer Of the defendants to the
bill is a general denial Of all the claims
set forth. Woodman & Whitehouse
appear for Col. Boothby. while William
A. Comedian and Harry H. Cannell
appear for the Maine Health Day As
ISOLATION.