New-York tribune., 1922-11-12

HaVe you taken steps TO get fore
your post war chest funds of your
county for the benefit of soldiers and
sailors during the war?
Established by Legal Procedure
''The Legion's right to these funds
has been established in series of ju-
dicial decisions in Ohio end Indiana,
which decisions have been acted upon
by many Legion posts and war chest
committees in the United States. The
action should be universal and post
commanders should see that this mon
ey, gathered for soldiers and sailors
during the war by popular subscription,
goes to the local posts of the Legion.
''In case tried at Cincinnati the Le-
gion established it's priority to these
funds over any other soldier organiza-
ton. The court, after reviewing all
other soldier organizations, concluded
that the Legion was the only all in
elusive organization and in class by
itself.
''In case in Athens County, Ohio,
involving $4,000 war chest fund, the
Legion established its priority over any
other welfare organization in the
United States, such as the Red Gross,
and secured court order transferring
the funds to the local Legion posts for
the purpose Of building Legion club
houses.
1.-THE Legion in the Cincinnati case
requested that the fund be used under
the direction of the Legion for the ben
eft of disabled Ohio veterans.
"In case in Indiana, $4,000 fund,
which the trustees were attempting to
use for county nurse, was eIjoined
by the court from such use and given
to trustees designated by the Legion
for the purpose of erecting clubhouses
for the local Legion posts which would
stand as permanent war memorials in
the county.
"Law involved: The legal theory
under which the Legion has been pro-
ceeding is that the funds raised during
the war in the vsrious counties in the
United States by popular subscription
for the benefit of soldiers and sailors
should now be put to use as near as
possible to the intention of the original
donors and that the Legion comes near
! er being the successor of the United
States Army, for whom the money was
raised, than any other organization and
is, therefore, entitled to the funds. We
quote excerpts from these decisions:
"The court must look for that or
ganization that more nearly repre-
sents, in it's present activities, the
original purpose of the donors.
rs Soldiers Organize fion
"trhe American Legion comes for
ward as a distinctly soldier organiza-
ton. It's activities are by soldiers
and for soldiers The standard OF true
Americanism has been held aloft by
the Grand Army of the Republic for
more than fifty years. Just as that
standard is about to fall from hands
| L., \ hi. Inn
| young organization comes forward to
grasp the falling emblem. That it
will be maintained in all it's original
glory is without question. That 1T is
! soon to become the most potent factor
| in our American life in maintaining
those high standards for which they
1 and those who went before them
| fought and died is likewise true.
sThe time is not far distant when
substantially all soldiers OF the World
| War will be enrolled in lie ranks
of the Legion.
procedure: II your cosnty war
I chest committee has used the funds
for any other purpose 81 t5 e the
Legion secure the ffnds for the Le-
gion by conference, hnt, failing in this,
bring suit to enjoin. If the trustees
5 of The war chest fund are in doubt
as to their authority, ask tfem TO peti-
ton their county court for instructions
4 and intervene that case, setting Up the
J Legion's purposes and its right to the
z m oney. If the trustees refuse to take
action, institute uit compelling them
to turn the funds oyer to the Legion
If court proceedings are necessary. il
is rpcorarncndeA THAT the gsHtls be
asked not for some temporary but
permanent purp sc, such as q CLUB
house permanent memorial, etc
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I Tn6tE, poss Da-aar.