Evening journal., 1922-01-21
ALICE MISUSE
OF Union FUND
Kennedy ct al, Accused in
New Bill of Buying West
Side Property
WANT TRUSTEES
TO HOLD HOUSE

In the amended bill Of complaint
o,ed in Court Of Chancery yesterday
~ ATTORNEYS Davnd J. Reinhardt
and Alexander Jamison IN the
pennsylvania Railroad Brothernoou
souabble. the complainants aver
mat the defendants. Leo !. KENNEDY,
william T. Haines, ct al violated
thetr hedges as memoirs of the
e,otherhood of Maintenance OF way
n,,nloves and Railway Shor Labor
-. ana as officers OF the Pennsyl-
,.an,s svstem Division OF the Broth
hood and that the defendants OF
some ~ them. purchased with iunos
- +he pennsylvania system DIVISION
oronertv at 12f4 West Sixth street
80 consideration OF $4,000. ana
diverted TO Their own use prope' y
belonging to the brotherhood Vi
value Of moro than $1,000
The amended bin is brought IN me
names Of william ID. Roberts anu
Darid NJ Armour, members OF the
r-n,toa motherhood OF Maintenance
81 way Employees and Railway Shop
rahorers on behalf OF themselves
a,s sncb other members as desire 70
ioir in the complaint. The original
hiu was brought In the name oA
the United brotherhood. w. d. koo-
orfs and David NJ. Armour Ihe
chanre- in the manner OF bringing
~ suit resulted from the sustain
ing Of demurrer OF the detenuan'
bv Chancellor Wolcott recently
chancellor Wolcott has allowed tne
defendants until next Friday TO
Mead. answer or demur.
The Petition asks the Court TO
grant a temporary restraining order
directins the defendants ana re-
4trafnine them from inducing or al
fer,nting TO induce members OF the
Profherhood 10 disregard the constl-
tution of the Brotherhood and 10
violate their obligations to the
brotherhood. from Withholding
MONEYS belonging to the Brother-
hood and the Pennsylvania system
Division which rightfully belongs 10
the Grand Lodge: from misappro-
prlating. misapplying or wrongfully
using any such moneys now in the
possession OF the defendants or any
Of them; from wrongfully uslns
any property belonging TO the
brotherhood or Pennsylvania Sys-
e tenn Division: from using. altering
or destroying any records OF the
Division which are now in the Gus
tody OF the defendants, or from
drawing any checks upon any fund
deposited in any bank which right
fully belongs to the Brotherhood OF
Division.
The petition also asks for pre-
liminary injunction restraining the
defendants from committing the
foregoing acts, and after the fina
hearing in the promises, a perman
emf Injunction. II further asks To-
an interlocutory decree. orderin'
the defendants 10 make and execute
deed conveying the house and 10
1914 West Sixth street to trustees
to he designated by the court, who
shall hold such house and lot as
trustees for the Pennsylvania Sys.
tom Division until the final decree
Of the court; that the funds in the
possession OF the defendants be
transferred TO trustees designated
By the Court and that the couri
order an audit OF the financial rec
ords OF the defendants as officers Of
the Division. to be made by certi.
fed public accountant or other
quanhed person authorized by the
court The Court is also asked e
order the defendants to account fol
d moneys which shall have com'
, into their hands since September
1920.
The petition AYERS that under tn
provisions Of the brotherhood's con
stitution and bylaws. the Pennsyl
vania System Division was organ
ized as a protective department o
the brotherhood and as such ha
existed for years: that Kennedy Ia
held the Office OF general chairma
for sometime past; that william !
Haines has held the ONCE OF secre
tary and treasurer and that the de
PENDANTS. Clyde A. Riegel. John 2
Redmon. Clyde L. Hawkins an
James F. owen have held office
as regional chairman; Frank b, Co
lier. the Office OF assistant gener,
chairman. and Pearl ID. Ballinge
A. w Witkop. Charles B. O'Fians
gan. william II. Kane. William
Weaver ST.. Daniel s. Redmon an
Charles II. Mills. the ONCE OF a.
sistant general chairmen OF the pr
tective department, and were a
acting under the brotherhood.
Il is further averred that larl
amount OF money belonging to n
said Pennsylvania System Divisis
Is now in the hands OF the defen
ants. whose duty It is 10 use su,
funds in accordance with the CO
stifution Of the Brotherhood and n
otherwise; that the defendants
soiae OF them. as officers or form
officers OF the Division, have pu
chased with the funds OF the I
vision a large amount Of propert
including a house and lot at 70