The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-11-29

tiOn TO Observation-Disclosures VIII Now
BE Resumed at the Old stand by the
Rejuvenated Columbian Athletic
CIub-GovernOr Matthews Speaks in
Strong Terms.
The Roby athletic club can now do
business until the courts step in and
declare the enterprise an ilegitimate
one.
In order to be sure of his position,
Secretary of State Myers the other day
asked Acknowledgement Smith for an
opinion as TO his right 10 respect the
articles OF association Of the Roby ath-
letic club. 1t will be remembered that
the representatives Of this association
several times presented their articles to
the secretary of state for incorporation
and each time they were refused upon
the presumption that the association an
ticipated an infringement Of the law.
The attoney-generaIs opinion is a VIC
tory, however short-lived, for the Roby
athletic club. The opinion is as followsii
''Sir-AnsweTing your communication
asking for my opinion as to whether
you should file in your Office duplicats
or certified copy of the articles Of asso-
citation Of the Roby athletic club, a vol
untary association organized in Lake
county, Indiana, 1 beg leave to say:
''The act approved March Z, 1887 acts
1887, sec. 1, p. 4D provides that any
number Of persons may voluntarily as
sociate themselves by written articles.
to be signed by each person who may be
a member at the time of organization,
specifying the objects of the same, the
corporate name they may adopt, 10 des-
ignate such objects pursuant TO said act,
the names and places of residence OF
each member or stockholder. with an
impression and description Of the COR
porate seal. and in what manner per-
sons shall be appointed or elected to-
manage the business and prudential con-
Germs Of any such association for any
of the purposes stipulated in said act.
Sec. 1 Of this act specifically names the
purposes for which persons may volun-
tarily associate themselves and the char,
acter Of the enterprises into which such
associations may enter after Organiza-
tiOns.
This section was amended by the
act approved March 6, 1889, so as to en-
large the scope Of the law concerning
such associations and to extend to them
the power to buy and sell merchandise
and to conduct mercantile operations, as
well as to organize associations for the
purpose Of dispensing charity 10 the
poor and to assist township trustees to
oversee and care for thar misfortunate
class.
Sec. 1 Of the amended act Of March 6.
1889, was again amended by the act ap-
proved March g. 1891 acts 1891, p. $3.50,
by authorizing the formation of such.
associations for the purpose Of insuring'
titles to real estate. Again, sec. l Of the
amended act of March g 1891, was
amended by the act approved March 3.
1898, by extending the tenth clause OF
said section TO include organizations for
the purpose of conducting pleasure or
health resorts, club. boating and bath
ing houses, sanitar1ums and gymnasi-
ums in connection Herewith, and for
the maintenance of gymnastic or physi-
cal training schools. and for giving
therein athletic exhibitions and other
physical contests of science and Skill
Columbian Athletic Club.
at was under this amendment that
the Columbian athletic club of Roby was
organized and attempted to and did car
~ on a series of criminal prize-fghts,
which have caused so much comment
and no little trouble in this state. These
unlawful contests were not authorized
club was organized, but rather in de-
iance of its legitimate purpose. In con-
STRUNG this statute it must be pre-
sumed that the legislature did not con-
fer upon voluntary associations the
power TO violate the criminal laws Of the
state or to carry on a business criminal
within itself.
Briefly. therefore, the conclusion must
be that the athletic exhibitions and other
gT~Hn #Hr-vna
in said act were intended by the legis-
Iature to be Of a lawful character and
such as are commonly taught in physic-
al training schools and gymnasiums un-.
der such regulations as would develop
the intellectual and physical condition
of those who sought their advantages.
when thus construed the statute un-
der consideration must be held TO be
within the legitimate scope Of legislative
discretion and that any attempt to oper-
ate an unlawful business under disguise
Of its provisions is a plain perversion OF
the legislative intent and therefore un~
lawful.
Having reached the conclusion that
sec. 1 of the act of March 8. 1898 con-
corning voluntary associations is a. valid
law enacted for a lawful purpose and
not contrary to public policy. II neces-
sarily follows that its provisions are
open to those who desire TO organize
under II Tor any OF the purposes lDeItlU
stipulated; and it only remains to be
seen in what manner such associations
may be organized so as TO clothe them
with the powers Of corporations.
when written articles Of association
are signed pursuant to the requirements
of sec. 1, supra, they shall be filed i'm
the recorders Office in the county i'm
which such association may be formed
and recorded in miscellaneous records Of
said recorders office, and such record or
certified copy thereof shall be conclu-
sive evidence of the matter and things
therein recited. Such is the express pro-
visions Of sec. Of the act approved
March Z, 1887, page 4S.
Sec Of said act declares that
every such association shall, from the
time such record is filed in the recorders
office. be deemed and held 10 be a COR
poration and possessed of all the powers
and privileges given to corporations by
the common law: to sue and be sued: 10
borrow money and secure the payment
Of the same by notes and mortgages.
bonds or deeds Of trust upon its per-
sonal and real property, and rent. leases
purchase, hold, sell ana convey real and
personal property as may be necessary
and proper for the purpose Of erecting
buildings and for other objects of any
such corpora ton. Such corporation is
given. by. sec 4 of said act discretionary
power to divide its corporate property
into shares and designate the manner
that the same be held, sold, conveyed,
assigned or transferred But whether
capital stock is issued or not is purely
discretionary with the corporation.
1T is by the provisions Of sec. OF
said act required to elect officers or
to INT