The San Francisco call., 1909-04-07
FIND BIRMINGHAM
FULLY JUSTIFIED
Inquiry Shows Solicitor Acted
in Good Faith in Preparing
Switchmen's Booklet
Contract Regularly Drawn Up
With Officers of Lodge and
Wcrk Will Be Continued

After an extended investigation into
the relations between J. V. Birming
ham, advertising solicitor, and Seal
Rock lodge, No. 1877, Switchmen Of
America, the special agents of the
Southern Pacific company became sat-
isfied yesterday that Birmingham, at
least. was acting in good faith in
preparing a souvenir of the lodge.
Some doubt, however. has arisen in
the minds of the officials, regarding
the rights of the members and Off
GERS of the local lodge to enter into
the contract which Birmingham holds.
Birmingham secured contract
March TO prepare, on commission, a
souvenir booklet for the lodge. The
lodge was to benefit by the publica-
tion by securing fraction of the
gross receipts. The negotiations were
conducted on behalf of the lodge by
J. L. Stewart, president, and A M.
Miliigan, financial secretary, while j.
II. Moakes, one of the members. signed
the contract as q witness. AS far as
could be learned yesterday these three
men alone represented the lodge when
the contract was made.
AUTHORITY is DENIED
George Elliott, assistant yard mas
fer of the Southern Pacific yards at
San Francisco. and a director of Seal
Rock lodge. said yesterday that these
members did not have authority to
grant such a contract as Birmingham
holds
BIRMINGHAM is probably in the right
so far as he personally is concerned.
said Elliott yesterday, but the con-
tract was not regularly entered into by
|
ent when the contract was drawn, and
there have been no regular meetings
held since the fire, as far as l know
There is no such thing as switchmeI
begging for money, and any member OF
the lodge engaged in this business Is
getting money by false pretenses-'
A. NJ. Milligan, financial secretary ol
the lodge, has had to bear the brunt OF
the trouble over the switchmen's con-
tract That Milligan is financial agent
I for the lodge is not questioned. III
fact, Elliott admits paying his dues tc
Milligan. In his own defense, Milligar
made a straightforward statement yes
! terday.
THE lodge is not strong" he said
I'VE have about 33 members, but rot
many of them are here. We wanted
money for a sick benefit fund. and in
stead of giving ball TO raise the fund
as other orders do, we decided to issue
/ this souvenir and secure money from
advertisers. Any money that is made
by the publication will be turned into
| the treasury of the order. Perhaps
we acted improperly in authorizing E
nonmember. like Birmingha to use
our seals, and maybe we violated &
law of the order; but if we did we acted
with no wrongful intent. Birmingham
has acted fairly with us throughout"
ACTED IN GOOD FAITH
p. J. Kindelon. chief of the Southern
Pacific special agents, said: "Birming-
/ ham thought he was acting in gooc
| faith in this matter, l think, but he wa:
| deceived. 1 have found out that the
lodge had no. power to authorize this
work. The company has been troubled
with various propositions like this one
and we decided to stop it if we were
| able"
J. V. Birmingham is an advertising
| solicitor. who recently came to thi.
city to follow his work He has beer
engaged in advertising and publishing
work in Chicago and Los Angeles, anc
| bears good references from his former
business associates. He now occupie.
an Office in the Monadnock building
He declares that he is satisfied will
| his contract with the lodge and in
tends to continue his work under thai
| contract