The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1911-02-16
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Societies
THRf}f1fENBB ny ;BEIiL INTRO
taDUClED BY IIAiNAWHA COUN-
X >r~. TH DBsIoUR.AT. = ;...,,.
Would Affect ALL
Measure jeopardizes existence of most
prominent and, largest Negro fra
.'ttlsiities, ana takes, precedence
over "Jlln Crow bill. -, : :

The "Jim Grow Car bill as q
subject OF conversation has yielded
first place to the more ubiquitous
Erred Carr BilrS, which Is designed
to put out OF business every impor-
tant Negro >fraternal society In the
State. ~ Its -tpatron Delegate Fred
Carr, Of KanaWha, during the cam
paign was q sonaigner and publisher
OF pledge to favor NO. legislation
which would not act with equal fair
ness to all. He perhaps thinks his
bill Oh. B. No. 218) is impartial, but
not so the Negro Odd Fellows, Ma
sons, Pythta'ns, Elks and Red Men,
some Of: whom were ftm-fammed by
his specious promises. ,.@ -, ,s~s. %.
The text of the bill is:
Section, i : That from and after
the passage of this act, no person or
organization shall assume, use or
adopt, or become incorporated, TN
der. or continue to use the name and
style or emblems of any benepolentS
fraternal, social, humane or tcllaFtSH
able organization eviously existing
in this State, and which has be6nSin-
cornpratsd under the laws! of: aaa
State or any other state, or, $0fYlss&
United States, or q name and style OF
such incorporated organization as to
aicolorable imitation thereof. In all
cases whore two or more Of such So
cieties. associations or corporations
+ hn i.oh 70
names substantially similar as pro-
vided above. the organizations which
was first organized and used the
name, and first became incorporated
under the laws Of the United States
or OF any state in the pnion, whether
incorporated in this state or not,
shall be entitled in this state to the
prior and exclusive use OF such name,
and the rights Of such societies, as
sociations or, corporations, and Of
their individual members ,shaHIit be
fixed and determined f-accordfngly.
Sec. 2. 7 Be 1t further enacted, that
whenever there shall be an actual or
threatened violation a}}bf the provis-
ions of this section one Of this act,
the organtzatAute, entitled to the -ex-
elusive use OF. >flie name in question,
rrdcr the terms of said section,
shall have the right. to apply to the
proper courts for; an injunction to
restrain the infringe rnent Of it's name
and the use Of, its! emblems, and If it
shall be made to appear to the court
that the defendants are in fact in
bringing or about to infringe the
name and style of a previously exist
ing benevolent, fraternal, social, hui
name, or charitable organization in
the manner prohibited in said section
one Of this act, or that the defendant
or defendants are wearing or using
the barge, insignia, or emblems Of
said organization without the author
ity thereof and in violation Of said
section one, an Injunction be issued
by the court under, the principles Of
equity without recurring proof that
any person has been in fact misled or
deceived by the infrin cement of such
nanici or the use of such emblem.
:, Sec 8. Be it further enacted, that
any person who shall wear a: badge,
button, or the EN- blems, or shall use
the. name or claim to be member of
any benevolent, fraternal, social, hit
name or charitable organization
which is entitled to the exclusive use
of such name and emblenB under
section one Of this act, either in the
Identical form or in such near re-
semblance thereto. as to be q colora-
Die imitation OF such emblems and
the name, unless entitled to do so un-
der the laws, rules and regulations
OF such organization, shall be guilty
OF q Gnisdemeanor and upon conyic-
ton thereof shall be punished by a
fine Of not less than five dollars, nor
more than twenty-five dollars. l..
BE 1t further enacted, that any
person who shall wear tor, exhibit a
the badge, insignia, or emblems of
snail use the name or claim to be q
member Of any benevolent, fraternaI,
social, humane, or charitable organ
ization which is entitled to the exclu-
sive use Of such name and ernblems
under section one Of this aet,- for the
purpose Of obtaining from any per-
son, money, property, or any thing
Of value by means of such misrepre-
sentatton, shall be deemed guilty of
larceny, Of said money, property or
other thing Of value so obtained by
him and shah be punished therefor.
IS provided for in section twenty
three Of chapter one hundred and
forty~fve Of the Code Of West Vir-