The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-05-17


supreme administration over the az
fairs Of the order, without accountable
ity or appeal. There is no judicial
machinery provided TO hold any Of
their number responsible upon any
charge whatever except to . commit
tee Of their own body. There is no
means provided by which the order, if
dissatisfied, can remove any one Of
them from office or substitute more
acceptable person.
lin direct violation OF statute law,
they have attempted TO extend their
own term Of Office to four years, fail
ed to hold annual elections, or any
other elections, and of course failed to
give any public notice of such elec-
tons. ARTICLE p, section SD
"Over the general fund Of the order
their control is virtually absolute.
Over the reserve fund the bylaws
provide for an outside board of trus-
tees, whose signature is required to its
withdrawal Since they claim the
right to repeal bylaws at their discre-
ton, the protection thus afforded is
precarious at best, and it is shown that
the function itself is practically of a
nominal characfar
SIX SUPREME OFFICERS.
''These six supreme officers are the
real trustees. The large amounts of
money in their custody aretrust funds,
the cestui-que trusts are the certificate
holders.
s'In view of the unlimited confidence
reposed. of the magnitude Of the in
terests at stake, Of the opportunities
for abuse and Of the extensive powers
assumed and exercised, the circum-
stances here are such as to devoIve
upon the trustees very high degree
Of responsibility. Their position is
one Of their own making, and is such
as to exact of them the utmost good
faith. They must expect to be held
at all times to a strict accountability.
The temptations to abuse powers so
unusual in their scope require cores
ponding vigilance on the part Of the
court. The defenseless position Of the
certificate holders, their inability to
secure protection within the lines of
the order, the fact that they are prac-
tically at the mercy of the trustees, all
these circumstances are to be held in
view when considering the conduct Of
the trustees as to good or bad faith.
"Such being the peculiar character
Of this organization, as we find it, the
first inquiry relates to the manner in
which the trustees have used or abus
ed their legislative power in such wise
as to exclude all their fellow-members
Of the order from representation iii the
governing body.
'sIn the original bylaws provision
was made for the election of State rep
resentatives. The Supreme Council
at the outset Of its,career appeared be-
fore the public claiming to be partial
", at least, a representative body. No
State representative has ever been
elected but the bylaws have been so
altered by successive engagements Of
the basis Of representation, as to make
any such election in effect impossible.
Should the constituency in any locali-
ty hereafter be increased to the stand
ard at present required, there is good
reason to apprehend from past expert
ence that the bylaws win again be
changed to meet the emergency and
the basis Of representation be again
enlarged. There is here plain mani
festation Of intention on the part Of
the six managers to retain absolute
power.
EXTENSION OF TERMS.
r "If it be said that at least they had
the legal right to make such amend
ments, what shall be said of their en-
largement Of their term Of Office to,
four years?
s'This was done by changing the by
laws in direct violation of the code,
and without notice to members or OPP
portunity on their part to be heard.
I'm thus taking advantage Of their
fiduciary position and legislative pow
er, the trustees were plainly actuated
by private and interested motives.
They at once elected themselves to all
the supreme offices, and FASTENED to
allow themselves salaries, excessive as
u ~ -.