{ title: 'The Commonweal. (Greenwich, N.Y.) 1909-19??, September 03, 1909, Page 1, Image 1', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn87070282/1909-09-03/ed-1/seq-1/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn87070282/1909-09-03/ed-1/seq-1.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn87070282/1909-09-03/ed-1/seq-1/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn87070282/1909-09-03/ed-1/seq-1/ocr.txt', label: 'text/plain', meta: '', }, ] }
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The Commonweal L__- V.L 1. N. 10 GREENWICH, N. Y., SEPT. 3, 1909 Fiv. C.:t. nm KAVANAUGH CASE DEaDED (lme, or Rt any other ttme. he .8, M REPUBUCAN POL111(3 UVELY ,claim for cwparity and rapablmy whli·h in off•rt: 1 trit•t him And 1 amiume hu bern #dvnne•·d In th,• r•n,palan. DIRICTORI OP COMMONWEALTH the r•t,On.Ihillty of hl. art. .ithmit Mnd IN c,ne which Mhritild havi• con.ld 1-rformink my dittles or #I.por,·liton NO OPPOSITION TO ROGER. FOR ernhir •·*1*ht •·Ith thi· witi•r• f„r thi, TRUIT CO. MUIT REFUND *300,000. a. the law, and h, 1,nu; require mr DIOTRICT ATTORNEY. ron,ennit. c,f (,1,1,11<,n ,·Ine,•rning mi,•1 tn do; and I must he hold n, t·,mniable road bulldern In thl,• m,•,·tlon In thnt bIme Court Juitlil Van KIrk the for the arta of the omr,4· t„ th,· marni Supervisor Nomination May Go to Mr.,their prevlcitin i,11,••rle,wr had be,•n PI-t I• Plee Upe• Dulle, and RI- ext,nt a, If 1 „Ire ,•, 0.•,Int and 1-r Gill-Conteiti Probable Over Town confined to the Con,•trtlet|011 Of Mt,imp •lion•lbllitl•• •f Olreiterl Who Pall formina my 4„tli and ,·ni•wntl,18 to Clerk, Highway and Collector-O, renrei. 4 A\'.0 I.*14\ of thi .O.4 ht, art\. Ilerhert HutrhenM wh,i hn, I,ren art- W. Mandell to Rettre. Under the farIR in thiR pal·lit·,i|ar Ing superintendent of highway. nlnri, The rase of Chartee H. Kavanaugh ca®r, 1 am not much Impre,•ed by thr With Arl>'le. Dremden, l'ilinam ami thi• Illnen, of the late comml••l„ner, of Waterford. who. on behalf of him- contention that a director 18 nlit neR Whlioh•ll m•mber, abment, the Repub ttenj L. Babrock, Inraparltated him -lf and all other •tor kholder, versum lizent if he performn hia {Illt,· AM direr 11<·An ('aunty committee met ne th,· for the diltlen 1,1 the nm,·p. Mr. 11 1,1- 'rhe Commonwealth Trust Company of tor of other Institutionm of the •rune Can,1,1-1,1.5 11„„•e Wrdne•day after chen• 11,18 mnile an exc·••llent record New York. which •·an tried before Sti· kind In the city or e„,1,111 „,111 0 1,1'r fuk,n and fixect f he (·ntletti and con. dfirl lig thi, fi•w monthM that he ha• had preme Court Judge Van Kirk in Snra- formed thrir•; that 1., a. th•' CUI,tom i •'ntion datem Thorne• pre/ent were ('harge of th,• tilKI,wny, 11,4 would toga last Jilly has been decided. and pervalls, A man cannot belle'r he 11('11 C R. I'nrin of Handy Hill, lion. r have itrcing Htlt,licirt rar the n„n,Ina- by the dectilon tho plaintlfrm Are may neglert his ditty or flo a w ron£- 1 V linker of Fort Ann, W. .1. clalla tlon *hould 1,1, con„rnt ti, 11<·rept It. awarded about *3.000,000. rul art because other men to hi: know- Rher of Sandy lim, W J Murray or I term R n A Il,irlier And Frank A. It Waa alle,-1 that 100,®0 a,gregal- ' tedge have the habit There are \ir- Fort led•·ard, Wilbur Arnold or Hart. Ilittton have niso liren frrquently men. InK about *5.000.000 were sustained h> rum•tanreR to •'htch thts rulf ina,· he lord, M. R. Norton, (:ranvIlle, licm. .1 tlined am t,c,11•11,11, c·tincll,1,11('1•. the itorkholders or the Trizat Com applied, but It rannot le•Men reAI'0,181· 9 1'8rker of Salem, Henry Welch of There IM R Atrcing freling apparent pany. through mlimanalement on the hilitv for fallure to obey R prc,VIR'011 11/bron, Herbert Van Kirk of Green- among the farm,·rH tlint thl• 0111'·i· part of Its directorK, which 10.8 •as of the *tattite or the hy 11™14 01 A n #ch Dallas Coulter of Jackson, Fred Mhould go to (ine of them al the dittlel, Nduced by *4,125,000 through the pro corporation or R rerognt,ed dilly Pettey• of Ea.ton, Forrest Kenyon of of Superintendent of h|gliwl,ys IM Mt,Ir. reed, of the Sheldon Syndicate * hich Tt i. urged that etistorn twrmit, di White ('reek and R. B. Chame of eam- ly with the ri,8,114 1,1,tH|,1,• the villagi• wal inaugurated to take over the rector* to take varationit That pru· brldR•• and Rlm(,Mt all of the littineym expend- loan, of the Trtist Company. The dent men take varalion. And conimit The date of the ratirt,0 %,·80 nxed ' ed hy the Muperintrmlent IM rnIMpd hy amount claimed by the plaintiffs af- their permonal busin¢,1,8 Affair• 1,1 ent tor Antil,-day. Sept ilth and for the tax on property outade the village ter .urh redtiction by the Sheldon ployees; th,lt, ff lo.es orcur (,n Me t.on,ent fon, which will br held at Cam- limits. 8.Indloate ¥88 In the neighborhood nfl count of the arta of ofliert·• •hile a bridKe. Bel,t. 14th Jultic... 01,000.000. , director 1, on varation. he «'Annot br At the ('minty Convention the nam. O Who will be the randlclateR far jUN- In rourt the rame •·am represented charged with negligence Ing of a candidate for the omre of !118. tire of peace to mtic·reed D. W. Mandell by Hon. Edgar T. Brackett and Hiram It le true that the prudent man take trlrt Atturney will be the order of and Alex. Meaporh menm to be an open C. Todd for the plaintiff. and J. Lang- j him vacation: btit. *hen he doeR, he IntalneaR, and the 10*Iral randldate 1,1 q\Pation. dom Ward for the defendant Satterter. realizes that he 18 turnln* him huml· the Governor' appointee, Hon, Frntlne ' Mr. Mandell after merving more Rush Tallart for defendant Gotild. nems over to hla Implr»·pe. lie takes C Rogerm or Sandy Hill. In fact there than thirty yearm al• R mowt eflirlent Roger 8. Baldwin for defendant Boldt, the risk of mismanagement or mis con· Reema to he no oppositton to Mr. Ro- and Ratiafartory jimt Ice pomitively de- Francl• S. Hutchins for the Common· duct while he ts gone. knowing thnt Ket·•' e,IndldRey 4%·hatever. It 18 now i r|Ines R rencin,Inatlon N. R. 1.angdon wealth Trust Company: George C. t,ay i Ruch losse, am he Mufferm therehy he understood that whatever of oppost- has been mentioned as hIR po,IMIble Ind Hon. D. Cady Herrick for defen- L 'nuat bear, He trum¢R his employfe tion to Mr. Riger which may have , mirremaor. damt Fish; Sullivan & Cromnell cby and goes; he does not pretend that exi•ted ham been withdrawn. , Mr. Me(leoch hai, hern a capable William A. Curtis and Royall Virton 4 during his absence, he 18 performing SupervI:or. and ronsclentiona member of the town for the defendanU Brooker, Wetmore. h le dut,· to his businema. lie N exer The ratirt,8 in Greenwich will not I board and may be renominated though Baldwin, Snow, Belmont and Me Ma- rising faith rather than perforitiA,we. 1).I hon; MeFarlane, Taylor & Costello he thinkm he la doing hi a dtity h, hlin withnut Itn listial Interemt and un- i there Is a possibility that this nomIna- on. certainty, although there wI]] be no- i tlon may go bark to the east end of for defendant Crimminait. Robert V. self; that he haa earned. and him c Murray for defendant Marvin. tinited good health requfreg, a ,·1 The action was brought by a stock- f tion. While on vacation he im not holder to recover damages due to neg- ng that eare to his buslneRs which ligenee on the part of the directors of prudent man ordinarily gives. It the Trust Company. Less than flve I not a que,tion whether a prudent r month, after the Inauguration of the takes a vacation ; he does. But, wl Trust Company, it became involved I away, does he take care of him h with the Investments of the 1-nited ness at all? The directors are ent r Statee shipbullding Company to the ex- i ed with dutte#. There la no unc tent of nearly 06,000,000, and was de standing that they are to do their d peadant entirely upon the success of excepting during vacation time the shipbuilding Company for its 101- such expectation Im contained in vency. When the dire©tors under- I required oath H they take vacatil stood the extent to which the affairs of without making reasonable ProvIN the Trumt Company were involved, for meetingm of the board or the Messrs. Satterlee, Wetmore, Fish and erutive committee, they RER,ime Boldt became instrumental In organtz- 41.k of misconduct or mismanagm ing the Sheldon Syndleate which I of the omeers, which occasions b agreed to underwrite $5 ,500.000 par 1 just a• the buminess man assunlea value at 75. As a result of this oper- riek of the misconduct of hiR c atiom the large loan, and other obliga ployee; and. Af they, tn the dischai tiona which the Trust Company took I of their dutlen, could have prevenl upon kelf early in its career were or lessened the losm, they cannot paid. I cape libaility for that 1088 by plel In lome of its facts this case is pro I ing that they were on their varatio bably without a precedent in this coun· 1 as it was the custom for directors try or in England. The duties of di- trust companies to be at thts time reetors in attendance of meetings and year. A director may be excused their ™aponsibility for acts done by I the board for a period of time a their employees while on vacations l escape all liability; for then. thron or absence for other reasons than I his associate directorm, he has ma nece-Ity are ptomlently in thim case, J reasonable provision for the manal am«t it 1, not believed that these mat- ment of the company's affairs durl terl have been pused upon In any his absence. court until now. It is true that a director need n Judge Van Kirk'g opinion 18 fully give at] his time and attention to 1 quoted on this point. He mays : duties as a director. He 1. presum Wh- direetors have cho®en ofncers to have other builness. But it lit st of a trult company, In whom they his duty to give reasonable attenti, thoroughly rely, if they see fit then tr to the aKairs of the trust comPar entrust the business to those omeers ' Does this position Involve the propo It i. their personal trust, and not the tion that every director, though 11 truit of the company Itself or of the sent, is responsible for the actm stockholders, and the true position N I those present, unless he N excuse thii: that. if the director Bees nt to j Is every director to be treated as 1 abandon his position and to rely upon sponsible u W preient at every me( the omier, either during vacation Continued on Page 4 wa. contest over delegateR to the conven- giv tion. The town im deeldedly pro·Ro- the gera and its delegates will without 1, doubt support Mr. Rogers' candidacy lan for district attorney. 1i1e AR to supervil•Or there meems to be tud. R •trong t,iiblle mentlment In favor of )st- i the nomination of L V. H. Gill. It has ler- I long been recognized that the village uty IR entitled to the next nomination for No impervisor, no Rupervisor of this town the having been elected from the village in. by the Republican party within the lon memory of man. The village paym ex- a big lump of the taxes of the town the and the feeling 18 strong that they ptit should Bread<inaly have a \look ms, in\ at the nl(}St important town the I omee. Mr. Gill has not mought the •m- nomination, but his candidacy has ·ge I the backing of many of the prominent ed party leaders and the opinion 18 quite es- general that there Will be no opposi ld- tion in the caucus. There le a pommi- I ns, bility that Mr. Trumbull may again of be a candidate. The Commonweal of has endeavored to interview Mr. Trum- by bull on the subject during the past I nd T two daye but has been unable to get gh r in touch with hint. de Town Clerk. re- ' A. W. Day will contest with W. A. nK 1 Van Kirk for the omre of town clerk. Mr. Van Kirk'a quallflcations for the nt offlce are known and tried. Mr. Day 1 tiF wants to be known and ts willing to ' ed be tried. „1 Superintendent of Highways. Ly. 1,ew Lane who tB a prominent can- 0- didate for this office says that the 11- , country people want roads-not poll- of ties. Mr. Lane served some seventeen, 1 ? years under practical road builders in ·e- Vermont state. and hae put In two sea- pt- M Fons on the State highwaym in New i York. This 1, the most pretentiou, 4 the town. Aise,sor MemAr,1 .Ing. Robert,On, Duarte Mi Hall, and Robert MeMurray seem to have no oppomltion for the 8118€thhor'S nomination. Overieerl of the Poor. Charlea Parker mii,1 Tmnie, 1.'rand,Ill r have long and ably fillec. ti:*· offices of overtieers of the }ic,i,:· and will almost- certainly be rpnointnated. Collector. The collectorshlp haR long been a bone for hot contention and this year will apparently be no exception to the rule. George Mosher seems to be the leading candidate at the preaent mo- ment but Edward M. Woodworth, our most popular restaltranteur, 18 fast eoming to the front. Mr. Woodworth'm condidacy started only Wednesday has gained mitch headway. Mr. Wood- worth l. very popular and should give Mr. Mosher, who indeed le quite pop- ular himself, a close, though friendly, run for the place. Clark Curtis is also an announced candidate. Constablem. Five candidates fur constables are to be nominated. None seems to know who the present constables are or who are candidates. COLLECTORS' FIVE PER CENT. A decimion confirming the right of a tax collector to charge Ave per cent after the expiration of the one per cent period has been made by the Court of Appeals in a case originating in South Glens Falls. The Interna- tional Paper Company refused to pay the rollectorm' fee of nve per cent which was followed by Butt. The cage was tried at Ballston and appealed, the court of appeall holding that the fee may be charged. .. -•p.a·.4····-•4.=-ea,.t,e.g:xzze,-m-·,i.EE[*2*' 1,:te-=----, ....4 1 ...4.g·.9·t k · -11 #4;.·3+*.,7:L=Li.Jkjabil-&.
