The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1871-06-22

such authority the trustees passed by
laws fixing the time when the annual
election should be held, viz. the
"2d Monday of each year," that the
notice of the election should be given
by the President Of the board of trustees
Is days before the annual election; that
he should preside ut all meetings Of the
trustees of tho body corporate; that in
his absence one Of the trustees should
preside.
Article 7th of the articles of incorpoSa-
ton clearly sets forth who shall be
members of this corporation, and reads
as follows: "AN persons ovcr the age Of
fourteen gears vho attend aoorsltip ana
contribute to the support ofthe Gospel as
preached in the church built by this
corporation shall have the right to vote
and be eligible to the office Of trustee,
,rithout regard to race, color or sec, and
shalt be regarded members Of this
association"
The record of corporation shows that
no election has been held since January
1863, in accordance with the articles of
incorporation and bylaws passed in
pursuance of such articles; that the trus-
, tees elected in 1869 were acting, that
they were consulted with regard to the
church and how it might be used will
not be questioned; ana the evidence on
the trial showed that Mr.. Stanton, rs
trustee, was taking charge and care of
the house, by furnishing wood for the
fire, oil for the lamps, fixing fences and
careing for the evergreens in the yard
rebutting the presumption that there
was All overruling necessity for calling
AL especial election in the peculiar
manner in which it was done. As the
articles of incorporation and bylaws are
in full force fixing the I'd Monday OF
each year us the day for holding the
annual election, it seems to me it could
not legally be held at any other time,
! without showing an absolute necessity.
But Mr.. Mays and others who have
this action determined to hold this
special election for trustees and gave
notice accordingly, and all that we
could do was to accept the situation and
! go into the election. Aud the q,.e.t ieu
is, if any Of lis are legally elected who
are they, Mays and others, or Carey and
others
The proceedings show that the meet
ing was called to order at the time
stated in the notice, by J. Z. l.. Carey;
the motion was put and seconded in the
ordinary manner nominating J. w.
Stanton, as Chairman: The evidence
on the trial shows that j. T.. l.. Carey
attends worship at the church; that he
has contributed to the support Of every
minister that has preached in the
church has contributed to all collections
taken in the church by the elders of the
same, and that he has invariably fur.
nished his family with means to do the
called by the meeting to the chair, was
acting trustee and one of the original
incorporators; was treasurer of the cor
poration by appointment Of the board OF
| AuStSSs, W lAC
support of the church and the gospel as
preached therein, contributing to the
collections taken BY the elders, attend.
ing worship himself, and his family
contributing to the support of the min.
listers who preached at the church; vol
UNFAIRLY, and without any compensa-
ton furnishing wood, oil and making
fires for series of meetings held by the
Rev. Dodder, last winter.
c. A. Pound acted as Secretary. The
records Of the corporation will show
whether it was his duty to do so or not
First Mr.. Pound is one of the original
incorporators. Attic meeting of March
6, 1867, he was elected trustee. On tn.
same day the board of trustees, when
passing their bylaws, appointed him
secretary, directing him te keep cor
rect record of the proceedings of tn,
board Of trustees and the body corporate
and to hold his office until another
should be elected in his place. At the
rcry first meeting Of the trustees Of tn
body corporate (Oct. 10Th, 1861 thu
board by their official action gave Thin
charge of the church for singing purpo
SEES, as he was chorister for the church
and has been ever since. At the annu
al meeting Of the corporation held Jan
1868, Mr.. Pound was reelected trustee
At tho annual election of 1869 Mr.
Pound was again reelected trustee ant
held the office till March Z, II, all tn.
, time acting as secretary in pursuance O
, his appointment by the trustees. Thu
evidence at the trial shows that b.
was officially connected with the Sab
bath School, and active; that he contrib
uted to the support Of all the ministers
(Mr. Dodder Observation-Disclosures b,
some omission which Mr.. Mays ca,
explain, as the money was paid to him
Mr.. Pounds name was not on the sub
script'on paper as presented to tn
court). l have been thus particular il
stating the qualifications of those VIII
took part in the organization of III
3 meeting and Of the officers who con
t Quoted the same, to show that Mr.. May
, and his associates had no reason to with
, hold their votes or secede.
The meeting being thus ORGANIZED
the chairman gave full opportunity t
; discuss all the questions connected will
the interest of the corporation, the tim
> being principally occupied by Mr.
Mays and his friends, until he exhauste'
himself and the subject. After which
, the chairman proceeded to receive til