The sun., 1896-09-16

The statute under which so many of the So
called RAINEs law clubs have recently been
Incorporated, provides that membership
corporation may be created for any lawful
purpose" with certain exceptions compris-
ing cemetery Corporations. fire corpora
tions, corporations for the prevention of
cruelty. hospital corporations, Christian as
sociations, bar associations, veteran SOL
| diers' and sailors associations, soldiers
monument corporations, boards of trade,
agricultural and horticultural corporations,
and corporations organized under other
general laws.
| In order to form a membership corpora
tion, certificate must be prepared and
| signed by five or more persons, which must
state, among other things, 1.-THE particular
objects for which the corporation is to be
formed" Before this certificate can be
filed it requires the written approval Of a
Justice Of the Supreme Court.
On Monday, Judge HENRY r. BEEKMAN,
sitting at Supreme Court, Chambers in this
city, refused to approve certificates in the
cases Of twelve different proposed corpora
tions. In each instance the purpose for
which the corporation was to be formed was
stated to be the encouragement OF social
intercourse amongi its members" Accord
ing to Mr.. Justice BEEKMAN, this statement
Is too indefinite and he is unable to per-
ceive any reason why an incorporation is
necessary for the purposes mentioned"
In thus deciding, Judge BEEKMAN differs
from his associates generally throughout
the State. The Membership Corporation
law was enacted in 1895. 1t repealed chap
ter 267 Of the Laws of 1875, which was
entitled IAN act for the incorporation Of
societies and clubs for certain lawful pur-
poses" This repeal was recommended by
the Statutory Revision Commissioners, be-
cause the new law was deemed broad
enough in it's terms to cover the same
ground rs the act of 1875, under which
social cl ubs had been organized up to last
year. Both under the act OF 1875 and un-
der the Membership Corporation law of
1895, a certificate has always been deemed
sufficient until now, which set forth in
words or substance that the object or pur-
pose Of the organization was the promotion
or encouragement OF social intercourse
among it's members.
We shall be curious to sea whether Judge
BEEKMAN's stricter construction of the law
Is adopted by his judicial brethren Ger
tainly there ought to be uniformity of ac-
tion on the part of the Supreme Court JUS
tices in such a matter. When Judge BECK
MAN says that he is unable to perceive any
reason why an Incorporation is necessary
for the encouragement Of social intercourse,
he seems to differ from the Legislature: for
the act of 1875, of which the Memb bership
Corporation law is practically a reGnact-
ment in broader terms, expressly provided
for the incorporation Of societies or clubs
"for social purposes" among others.
But whatever view may be taken in re-
gard to the twelve social clubs, the Judges
decision in respect to the Sontag Fishing
Club is clearly without leg to stand on, or
rather without fin to swim with The GER
tifcate stated that the club was organized
"for the encouragement OF piscatorial
sport" Judge BEEKMAN declares that this
also is too indefinite The Century Dction-
ary defines pisc0toridl as the same as mis-
cdtory, meaning: Pertaining to fishing or
fishermen; connected with angling: given
or devoted to fishing" The Specification
Of the word is well settled and widely I'M
derstood, and we are at loss to imagine
why the phrase "piscatorial sport" should
thus be condemned from the bench for in
defnitencss