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Schnuch Loses Court Action Against Putsch

January 11, 1935
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Supreme Court Justice Valente yesterday handed down a decision denying the application brought by the Friends of New Germany through Henry Woisin, treasurer, against Anton Haegele, leader of the successful revolt of the New York group, for a temporary injunction restraining Haegele and his associates from using the Friends offices, collecting dues and publishing the Deutsche Beobachter.

Justice Valente denied the application, however, on condition that the defendants stipulate for a trial on January 27.

The court denied the defense contention of lack of jurisdiction since the Friends of New Germany is not an incorporated body, but held that the issues raised by the organization and by the defendants could not be settled without trial.

Referring to the by-laws of the organization including the “leadership principle,” quoted by the faction headed by Hubert Schnuch, the court ruled that “there is little doubt that by-laws of such character are null and void and will not be enforced by the court … as to the phase which gives the national leader absolute and summary power of removal and suspension, the courts will not aid in assisting the enforcement of such an arbitrary by-law and will give redress against abuses arising therefrom.”

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