The New York herald., 1875-12-09
THE TAMMANY CHARTER.
The Law Relative to Forfeiture Of
Franchises.
A CLEAR CASE FOR THE ATTORNEY CENERlh
A Charitable Society Converted Illegally Int y
Political Body,

The act granting charter TO the Tammany Society
Columbian order passed by the Legislature in
April 1905 Its revenues according to the provisions
Of tho measure be used for charitable pur-
poses, and not TO exceed S., 900 per annum In
1867 tho charter amended as TO permit the
ganzaton 10 acquire additional real estate II is not
uncommon 70 lay express prohibitions corporations
including those Of eleemosynary character in limi
taton OF their powers, and requiring them carry
strictly the objects for which they formed and
Others they violate these inunctons they arc sup
posed TO be public offenders. The Tammany Society
was chartered for special purpose that oassistng sick
and INDECENT members, and their widows and orphans
The moment It ceased to perform this obligation II for
eted Its franchises and no power to take or
hold real estate and when knowledge or this neglect
became notorious, It was tho duty Of the proper public
officer TO take the prescribed by law TO obtain
In a competent tribunal JUDGMENT OF dissolution
The legislature as is well understood cannot repeai
the charter of the Tammany Society, but possesses
the power to direct proceedings to be instituted for its
dissolution. The Attorney General act Independently
In the premises, a citizen Interested can move to
have It's franchises declared void This is the spirit
and letter Of the law reference to corporations who
abuse the privileges given them by the State
No one for a moment will pretend that the
society at present ruled by Mr.. Kelly,
either for many years past has extended relief
TO persons such contemplated by the Of 1905
The Tammany Society is as far from discharging it's
legitimate functions If 1t corporation build
ing elegraphic lines, bridges railroads. or on the
other hand running lottery manufacturing bogus
jewelry. The Tammany Society is a nest of political
intrgues, entertaining designs to rule tho city, State
and the nation and in all respects disegards the
objects for which It chartered II is clear as tho
MONDAY that 1t has forfeited its franchises and
should be speedily dissolved The original act of in
corporation passed over seventy years ago. will clearly
show how Tammany has utterly disregarded, and.
therefore, nullihed It's contract with the State.
TAMMAEY INCORPORATION
The following is the text Of the of the Legisla-
ture passed April 0, 1S05 Incorporating the Tammany
Society
whereas William Mooney and other inhabitants or
the city Of New York have presented petition TO the
Legislature setting forth that they have the year
1889 associated themselves under the and dcsig
nation of ''The Society OF Tammany Columbian
Ordern for the purpose of aIording relief the
gent and distressed members Of said association their
widows and orphans, and others who may be found
proper objects their charity; they therefore solicit
that the Legislature will be pleased by law incorpo
ratio the said society for the purposes Aforesaid under
such limitations and restrictions TO the Legislature
shall seem meet therefore,
Be it enacted, &C, That such are, or may
from time TO time become, members of said society
shall be and hereby ordained, constituted and de-
clared TO be body corporate and political in deed,
many or Columbian 0rder;" and that by that name
they and thor successors shall have succession and
shall be persons in law capable of suing and being
sued plead and being lmplcaded answering and hav-
ing answered unto, defend and being defended, IN all
and places whatsoever and that they and their
shall have common seal, and change and
alter their pleasure that they and their
cessors by the name, shall be persons capable
law TO purchase take receive hold and enjoy 10 them
and their successors any real estate in ice simple
for a of life lives, otherwise,
and any goods, chattels personal estate for the
purpose of enabling them the better to carry into
effect the benevolent purposes of aordng relief To the
INDECENT and distressed members Of the association,
their widows and orphans and others who may be
found proper objects OF their charity, provided tho
clear yearly value OF such real and personal estate
shall exceed S. 000 and that they and their sue
shall have full power and authority 10 gIvc
grant, sell lease, demise and dispose Of said real and
personal estae or any part thereof at their will and
pleasure, and that they and their SUCCESSORS shall
have from time TO tme authority TO make constitute
and ordain and establish bylaws, constitutions, ord-
and regulations they shall Judge proper for
the election Of their officers the admission OF
members OF SAID corporation, and the terms and man
OF admission, for the better government and cgu
ation OF their officers and members, for fixing the
times and places oil meeting OF SAID cor
poratIon aud for regulating the affairs and
business of said corporation provided that such by
laws and regulations shall not be rcpugnan the
sttution and laws Of the United States OF this Stae
and for the better carrying on Of tho business aud
affairs OF said corporation of such denomination do
nominations to be chosen such manner and at such
times and places and shall from time 10
time be directed by the constitution and laws Of said
corporation made TO be made for that purpose and
that such member or description of members shall bs
sufficient to constitute legal meeting, and
may hereafter be directed by the said constitution and
bylaws
hereby declared TO be- public act and that the
be construed in all courts and places benignly and
favoraby, for every beneficial purpose therein IN
tended.
1t will be observed that the society chartered
solely for charitable purposes, purposes which 1t has
disregarded and consequently forfeited its charter
THE DARTMOUTH COLLEGE
This celebrated argued in the United Statea
Supreme Court In 1919 before Chief Justice Marshall
and a full Bench. The authority OF Legislature to
amend or repeal the charter OF incorporated cleo
mosynary corporation discussed at great length
and with wonderful ability. Daniel Webster repre-
sened the college appeared that in 1859 George Ill
granted charter for the foundation OF institution
in Now Hampshire for the education and instruction
OF Indians and OF English youths and others the
province BY the charter the property bestowed for
the purpose vested in twelve no more
TO be disposed Of by majority Of them they might
consider best for carrying out tho royal de
cree The Legislature OF New Hampshire ID
1915 passed an act changing the namo oi
the college to that OF Dartmouth University,
Increased the number OF trustees and many othoi
respects altered the constitution and objects OF the
founder and grantor of the charter The highest Court
OF the State decided in favor OF the o
the law and appeal taken to the Supreme Court
OF the United States Opinions in the case we're do
hvered by Chief Justice Marshall and Associate Jus.
tces Story and Washington IL was held that an act
OF tho Legislature altering the charter, without tht
consent Of the corporation in material respect was
unconstitutional and void This decision settled the
question the power Of the Legislature to repeal of
alter act granting charter; but the Court laid
down general principles as 70 the terms and nature Of
eieemosynary corporations in effect holding that they
are subject to dissolution and surrender of franchises
by wllful misuser non-user
REMEDIES
When IL is apparent that tho objects for which the
Tammany Society Columbian Order was incorporated
have been wuly neglected that It's affairs have been
grossly msmanaged and that the society has been
verted active and dangerous political organza
ton the time has arrived for an inquiry into thd
administration Of It's affairs, and II found that the
original design for which IL was chartered has been
totally disregarded IL is the duty Of tho proper legal
functonary to take steps for its dissolution Thd
path TO follow s clear The laws provide that cor
poration by wul mafeasance or nonfeasance forcits
lis franchises which may be seized by the state on
Judgment upon information ncd by authority OF thd
Stale exercised BY tho Lcgisature or by tina