New-York tribune., 1918-12-15
Tribune Fresh Air Fund Is
Winner of $40, 900 Legacy
Proves Itself To Be Pioneer in Field and Largest
Organization of Kind i'm Greater Cty-Money Is
To Be Used for Vacations for Poor Children

, Fund. 1t was shown that the former
organization has always dealt, to the
utmost extent possible with sick chill
dren, and that its work is and has
always been a distinctly hospital work,
carried on in the city, whereas The
Tribune Fund has always aimed to
provide vacations in the country for
children who are not sick The fund
claimed that the term fresh air work"
was confined by common usage to this
latter kind Of activity.
Otner evidence was given to show
that Mr.. Brady was a constant reader
OF The Tribune, as was stated in an
article published in The Tribune on
December 13 before the referees re-
port was filed, but the decision of the
referee was not in any way based upon
this eveidence as was enormously i'm
piled in the former article.
The Tribune Funds proof and that
OF "Life's' Fresh Air Fund showed that
the first manager of The Tribune Fund
later became the first manager of
"Life's" Fund, managing both funds at
the same time from his office in The
Tribune Building, and that for years
the. two funds worked together, The
Tribune Fund in many instances paying
vlding for their maintenance in the
country.
Prior the referees determination
"Life's" Fresh Air Fund withdrew its
claim to the legacy, relying upon an
equitable arrangement with The Trib-
une Fund.
The referee, in making his decision,
considered four points-the names Of
the claimants, the objects stated in
their charters, the nature of the work
carried on by them. with reference to
whether or not that work was Fresh Air
work as the term is generally inter
preted, and the name by which the
claimants were generally known in the
community.
Defines Fresh Air Work
1t was in connection with the third
of these points that the referee enun-
ciated the definition of "fresh air work"
mentioned at the beginning of this ar
ticle. In Paragraph 10 of his "Findings
of Fact" he says: ~ further find that
the common acceptance of the term
fresh air work for children is the
gathering of groups Of we'll children Of
the poor for pleasure and recreation
out of the city during the heated
weather, providing for their vacation
in the homes of individuals or on farms
or in the homes maintained by various
charitable and benevolent organiza-
tions; that such families or homes do
not receive sick children"
Applying the four tests mentioned
just above, the referee found that the
name St. Johns Guild in no way re-
sembled the name of the legatee men
toned in Mr.. Brady's will; that neither
the objects stated in the charter Of
that organization nor the work carried
on by it were fresh air work, but
rather hospital work, as shown by its
"a
the distinction between its work and
fresh air work. and that it is not COM
monty known as the Fresh Air Fund of
the City of New York.
Testing The Tribune Funds claim in
the same way, the referee found that
its name, The Tribune Fresh Air Fund,
was almost identical with that of the
lcgatee named by Mr.. Brady; that it's
objects, as stated by its charter, and
the nature of the work carried on by it
were identical with the work which Mr..
Brady's will showed that he had in
mind, and that The Tribune Fresh Air
Fund was commonly and frequently re
ferred to and known as the Fresh Air
Fund of the City of New York.
Contrasts Three Claims
A portion of the referees report, in
which he contrasts the claims of the
three organizations to the legacy, fol-
lows:
"The determining factor, then, is
whether the words the Fresh Air Fund
are words aptly describing the claim
ant, The Tribune Fresh Air Fund. And
on this question | think the testimony
is satisfactory.
and distinctly fresh air work, as a