Evening star. [volume] (Washington, D.C.) 1854-1972, 1924-02-29
CHARGES ILLEGAL
GUSHING OF CAIN
Attorney Explains Massa.
chusetts Society Dispute to
Organization Head.

Representative Dallinger of Mas
eachusetts, president Of the Massa-
chusetts State Society. has been in
formed by Henry w. Davis. attorney
for George L. Cain, recently expelled
as vice president and member of the
society. that the action of the organi-
cation was "unwarranted and illegal.
Stating that the society's action has
cost Mr.. Cain 1.-The loss Of honorable
and lucrative employment" Mr.. Davis
urged that Mr.. Cain be restored to
full and regular good standing in the
society, adding that "to this end ]
am addressing you this communica-
tion instead of advising Mr. Cain to
resort to another and obvious course
for his vindication."
Holding Mr.. Cain liable for expen-
ditures amounting to $1,000 in con-
year when trees were planted at the
Lincoln Memorial for thirty-nine
Massachusetts, cities, the society in
January gave Mr.. Cain thirty days
in which to return these funds The
expenditures were made without
when the funds were not forthcoming
at the end of the thirty-day period,
MIR. Cain was expelled.
Grounds Summarized.
Mr.. Davis argument, embodied in
five closely typewriter pages, was
built around the fact that the gem
eral entertainment committee, ap-
pointed to promote the celebration
last May, was within its purview in
dependent of the society, and that 1t
did not need authority from the ex-
-
carry on it's work. The letter of the
secretary to Mr.. Cain stating that the
expenditures of the $1,000 were I'M
authorized by the executive commit
tee" was cited by Mr.. Davis.
Out of abundant caution" con-
cluded Mr.. Davis, II summarize the
grounds of my advice. as follows:
The general entertainment COM
mittee created, as above stated, with
authority to increase its personnel
and change Its name, was an instru-
mentality which, while adjunct to the
society proper, was for the purpose
OF its creation and operations in SUBJ
stance and effect an organization so
specific purpose as to be within It's
purview Independent of the society,
its object and its mechanism in ordi-
nary.
"The executive officers of the COM
mittee, and especially its independ-
ert secretary and independent treas
urer, were not subject to the super
vision of the executive committee
provided by the bylaws of the So
ciety.
Field Exclusively Own.
The operations of the general en-
exclusively its own, and as respects
the principal event concerned having
an objective all of the operations of
the committee toward which and
tributary thereto were, while they
were being carried on, recognized by
all as within the exclusive jurisdic-
ton and control of the committee.
ITO the contributions received and
the expenditures made by the COM
mittee, the treasurer of the society
proper. in the light of the specific
designation and description of his
duties, could have no relation what
ever; and to repeat as a corollary,
the executive committee (assuming
that there was one, which, as above
stated, / understand to be contrary
to the facD could likewise have no
relation thereto.
1.-The expenditures, and each of
them, for which 1t has been under
taken to call Mr.. Cain to account
were authorized and approved by the
general entertainment committee, the
only body having authority in rela-
ton thereto.
mo charges which he might be
called upon to answer were made
against or presented to Mr.. Cain be-
tended expulsion.
1.-The notice of your secretary in
his communication to Mr.. Cain of
January 10, 1924, that the expendi-
lures in question were unauthorized
by the executive committee was and
is impairment. in that, as already
shown, the executive committee, If
existing, could have no relation