Evening journal., 1921-09-17
'BERGDOLL Kin
SUESFOR GOLD
Braun Institutes Proceed
ings Against Miller, Alien
Property Custodian
CONTEND GROVER
is NOT ENEMY

PHILADELPHIA. Sept ia
legal effort, in the form OF a suit
against the Alien Property Custo-
dian, to clear Grover Cleveland
Bergdoll, the arch-slacker. of the
charge of being an enemy alien, and
to have his fortune returned, was
launched yesterday in the United
States District Court. The suit was
brought in the name Of Charles
Braun. the brother OF Bergdoll, who
changed his name because OF the
disgrace Grover had brought upon
it.
Ostensibly the sole purpose OF the
action, which is in the form OF a bill
in equity, is to force Colonel Thomas
w. Miller, of Delaware, the Alien
Property Custodian. to reassigh a
note for $4,000 to Braun. This
note was seized by the custodian on
the ground that It was really the
property of Grover Bergdoll.
IL is contended in the bill that the
seizure of this note was illegal be-
cause it took place July 7, 1921, five
day after the passage of the Joint
Resolution OF Congress. declaring
peace with Germany and Austria.
Braun and his attorney argue that
under this resolution Grover Berg
doll is no longer an enemy of the
United States, nor an ally OF its
enemy because Germany is no long
er an enemy.
The action came as a complete
surprise to Major Vincent A Carroll,
special assistant United States Dis
trict Attorney and representative of
the Alien Property Custdian. Two
days ago Mr.. Carroll filed suit
against Mrs. Emma c. Bergdoll for
the S105.000 pot OF gold that Grover
said he buried, and which Mrs. Berg
doll has admitted is in her possess
sion.
In order that her attorney might
be qualified to represent her here.
Major Carroll moved in the District
Court yesterday that Major John s
Maxwell, who now represents MS.
Bergdoll be admitted to practice in
the Federal Court of the Eastern
Pennsylvania district. Immediate
ly after the motion was granted Ma
jor Maxwell filed the suit against
the Alien Property Custodian.
The note in question was made
originally on September IS, 1920. by
Albert and Elizabeth Hall to Emma
! c. Bergdoll for $4,000. It was
indorsed by Mrs. Bergdoil and as
signed to Braun on May IS, 1891,
and July Is il was seized by ne
Allen Property Custodian on the
ground that the assignment was
made 10 avoid such seizure and that
the note really belonged 20 Grover
There is no attempt in the suit to
/ fight either of these contentious
made by the Government. Instead,
the bill confines itself to a long dis
cussion of the legal aspects of the
Joint peace resolution. IL is pointed
out that Braun filed a notice of own
ership with the Alien Property Gus
todian on August 20, 1921, demand.
ing the return of the note. It is also
asserted that Colonel Miller has had
judgment ordered in the Common
Pleas Courts here.
It is then argued that when Con-
gress passed the joint peace resolu-
ton. it brought to an end the powers
of the President under the trading
with the enemy act. and, through
him, Of the Alien Property Custodian
TO take over the property OF any one
who had been classified under thaf
act as an enemy. First demand foi
the note was made by the AlieI
Property Custodian on July z, 1921
when Grover Cleveland Bergdol
was not an enemy" according to tn,
argument. It is contended that tn,
demand an dseizure which followed
we're 'illegal and without authority.
Papers in the case were sent yes
Z terday by Major Carroll to Colone
Miller. An answer will be filed in
few days. No answer has been filei
as yet by Mrs. Bergdoll, to the sui
Of the Government for the si05.00
pot OF gold. 1t is expected that thi
will be filed also within few days