Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-10-14


VIII leave Norfolk via the Norfolk and
Western Railway, in n special car for
Roanoke to attend the annual session
or the State body. which will be in
session there Monday, Tuesday and
Wednesday.
Matters of great Importance will he
discussed and the great question of the
payment of the per canita tax to the
National body. that has caused such
trouble In New Jersey, Virginia. sPenn-
SylVania, District of Columbia and
New York. will. it is understood. be
settled.
The order has been In a flourishing
condition this year. and the member
ship is now about twelve thousand in
the State an increase of two thousand
over the previous year
Mr.. K. 70. Criddle, of Manchester, will
succeed Mr.. Hudgins as State Council
or, and there will probably be n fight
for the office of State Vice Councillor.
winch is now held by Mr.. Criddle.
WILL NOT PAY IT.
The opinion of leading members of
the order in this city is that the coming
convention will fatty decline to nay
the per capita tax to the National
Council.
a council at Roanoke has issued
circular letter to the various councils
of the State favoring submission of this
question to the National Council, but it
appears to be receiving the cold Shout
der everywhere.
1t seems to be the general impression
among Juniors that all the National
Coupcil can do. in the event the State
body still refuses to pay the additional
per capita tax, the National body can
only revoke it's charter.
If this step is taken. then the State
Council of Virginia would still have
the upper hand of the National be-
cause the last Legislature Incorporated
IL as separate body and gave it full
and exclusive power to grant charters
to subordinate councils of the Jr. o.
U. n. NJ. and to revoke the same with
cause.
THE PENNSYLVANIA DECISION.
The decision of the Supreme Court
of Pennsylvania against the "insur-
gents" in the fight of the members of
the Junior Order of United American
Mechanics VS.. the National Council is
an important ruling and one that will
interest the Juniors all over the coun-
try.
The case just decided is that of the
Pennsylvania members who opposed
this extra per capita tax and other
charges inaugurated by the National
Council. The insurgents" as the OBJ
jecting members in Pennsylvania, Nir-
ginia, the District OF Columbia and
New Jersey are known, took the mat
ter into the court and secured vic
tory in the Dauphin county Pa.)
courts.
The decision just rendered by the
State Supreme Court of Pennsylvania
reverses the Dauphin county decision
and dismisses the bill of the "insur-
gents"
The decision means that the per
capita tax was legally assessed and
further collections from the State
Councils can be forced. as rule. If
the State body refuses to pay. the Ma
tlonal Council can proceed against the
members individually.
On account of the State charter IN
Virginia. however, the above ruling
will probably not hold in this State.
JUSTICE BROWNS RULING.
Although IT may not apply in Vir-
gnia Justice Browns ruling is of
great interest. He says:
Accordingly there seems to be no
reason for holding invalid acts done at
corporate meetings assembled through
out the State IL all the shareholders ac-
ouiesce in the holding of such meet
ings.
PURELY a FAMILY MATTER.
"In levying the tax 1t cannot be pre-
tended that this order transcribed any
corporate power granted, and the pub
lc which cannot fairly be said TO have
any interest in the powers possessed
by this family order, most certainly
had none as to where they were eNei-
cised. 1t could make no manner OF Diff
ference to the public whether the tax
was levied in Philadelphia or Mime
apolis. The public was not affected.
The order did not deal with them, but
| only with it's members, it's own private
| family. il had no stockholders to he
| subject to risk. hardship or fraud. and
| it did not undertake TO enter into any
| contract Its relations with the mem
bers of the complaining council had al
ready been established. and presumably
tax was simply providing revenue FOR
| the continued existence of the orSani-
! Zation OF which these complalnantS
were practically component parts. NO
reason. therefore, exists for the appli-
| cation to the case before US OF the RUE
| as to corporate acts beyond the lihiltS
| of the state creating the BODY, ana
the appellants Justly ask us to except
| them from it. Any other view would
| compcl us to the conclusion that all
religious, literary. patriotic OF peheNo-
| lent societies of a national character,
scope or origin. which have been IN
corporated by the courts. by act of
| General Assembly. or since 1874 under
the General Corporation laws OF Penn
| sylvania. were incapable of holding
| their meeting rules and laws at places
| outside of the state"
Justice Brown says the National
| Council can enforce the COLLECTION OF
| the TAX against every 'otett. :
the order. and adds further that II
the money cannot be collected from
the local councils as a BODY, the m
| dividual members become liable LOT the
assessment. This is n sweeping victory
for the Loyalists. who are not pro-
tected by State charter as are the
members OF the order in Virginia
LIQUOR MEMS FRATERNAL
| ORDER.
Rigidly barred from most OF the leau-
ing fraternal societies, the saloon
keepers, LIQUOR dealers and all those
nnd WhiSkaN