Woolsey on Beards

A quarter-mile apart in Benton Harbor, Mich, lie the dormitories and mansions of two branches of the famed religious cult called the House of David. Founded some 30 years ago by "King"' Benjamin Purnell. the House of David was divided by its founder's death in 1927. His widow and "Queen" took command of the ''Israelite House of David as Reorganized by Mary Purnell." A California judge named Harry T. Dewhirst won the right to the name House of David. With 300 followers apiece, the two cults live communally, subscribe to the same credo. They are vegetarians. They wear no garments of black, the color of death. They believe that non-sinners never die, that there is always a King David alive somewhere in the world. Males neither shave nor trim their locks. The Purnell faction operates farms, a hotel, a bakery, a restaurant. Somewhat less piously reactionary, the Dewhirst faction runs a summer resort, an amusement park and the House of David's most famed possession--three bearded baseball teams. Travelling about the country these teams, which include many an outmoded big league player, sometimes net $4,000 in a season. Last week the House of David's Eastern team was in the news. In Federal Court in Manhattan, the House of David was seeking an injunction against one Louis Murphy of Spring Valley, Ill., accusing him of unfairly competing with the House of David" team during the past five years. Murphy, claimed Judge Dewhirst, had a team whose members not only wore beards but inscribed House of David on their shirts. And their games were booked so that in many a town the Murphy team played a few days ahead of the House of David nine. The House of David obtained its injunction from Federal Judge John Munro Woolsey, famed for his literate opinion in the case of Ulysses (TIME, Jan. 29). Citing the case of National Circle, Daughters of Isabella v. National Order of Daughters of Isabella, Judge Woolsey ruled that the defendant's use of the House of David's name was unauthorized and unfair. But: "The plaintiff complains quite bitterly because the defendant's ball players are all required to wear beards like those of the plaintiff's players. "From time immemorial, however, beards have been in the public domain. In respect of matters within that domain all men have rights in common. Any man, therefore, if so minded, may--without being subject to any challenge, legal or equitable--not only grow such beard as he can, but purposely imitate another's facial shrubbery--even to the extent of following such topiary modification thereof as may have caught his fancy."

This file is automatically generated by a robot program, so reader's discretion is required.