The Waterbury Democrat., 1932-08-19

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 COM JAMES D. BREsLIN mends that the department adult ant be elected by the delegates in convention assembled.
 National Economy League "The activities of this organiza-
 tion which has lately come into
 existence must be watched very
 closely. At the present time, this organization is like a dark cloud lowering over the ex-service men, and we must be prepared to fight back when the storm breaks in or- der to protect the just compensa- ton that the disabled veteran Is
 receiving from the government at
 the present time.
 National Executive Committeeman
 Because of complaints from Le- gionnaires in different districts that the national executive committee man was holding office in violation
 of Article II, Section II, of the con- stitution, in that as a member of the legislature, he is an "incum- Dent of a remunerative elective public office and therefore not
 eligible to hold office within the organization, your department commander asked for a ruling on the question from the national commander, the national judge ad- vocate, and your department judge. Your national commander, your
 national judge advocate. and your department judge advocate all de- cided that your national executive , committeeman is holding office in violation of the constitution, and is not eligible to hold office in the American Legion. After a majority group of the department executive committee refused to abide by the decision of these national and de- partment, officers, this question was referred to the national exe- cutive committee. Because of a clause in the national bylaws, the members of this committee re- fused to rule upon the question, due to lack of turisdiction. . ti "The constitution is the very foundation of our organization and it is essential that we should guard well its every provision. The duty of the department commander is clearly set forth in the bylaws as follows:' He shall see that the provisions of the national and de- partment constitution, of all laws, regulations and policies establish ed hereunder shall be observed. For no personal gain, but for the purpose of protesting the constitu- tion, and also. under his oath of office, your department comman-
 der brought this matter to the att | tention of the department execu- tive committee.
 "The department judge advo- cate received the following ruling from the national judge advocated on this question, Aug. 5, 1881, few weeks before the department convention at New Britain, at the | request of-Past Dept. Condr. New | marker:
 Robert H. Alcorn,
 Judge Advocate,
 New Haven. Conn.
 Dear MT Alcorn:
 q have before me your letter of Aug. 3, in which you request ruling as to whether or not a member of the legislature of the l state of Connecticut is the hold CT of a remunerative public of | flee in the terminology of the
 national constitution. It is my
 opinion that he is.
 You advise that under the con- stitution of your state compen-
 sation not in excess of a certain sum is granted; secondly. that makes the office remunerative and the fact that 1t is a more or less true sense purely nominal, and perhaps insufficient to cover | nhan0A fhA situation.
 "You will possibly recall the constitution of the American Legion as originally drawn used
 the word salary" instead of
 "remunerative" and as the ques- ton was raised in some instances that a distinction existed in the
 eyes of the law in salaries"
 wages" commission" and
 other forms of compensation. the word "remunerative" was inserted in the constitution as covering all forms Of return for | elective public service. It is also
 my opinion that a member of the national executive committee is plainly an officer under the terms of the constitution. trust that these remarks will be sufficient to be Of assist
 ance to you in the inqury placed before you" Yours Respectfully
 ROBERT A. ADAMS. Acting National Judge Advocate. 'It was the duty of Past Dept | Comdr Newmaker. to inform the
 nation executive committeeman be- fore his name was presented at the convention that the national judge advocate ruled he was not eligible to hold office. If Past Dept Comdr Newmaker did so inform the national executive committee
 man, then this communication | brings forth the fact that the na- ] tionai executive committeeman had 1 full knowledge that he was not ell-
 gible to hold office in the organ-
 ization before he allowed hls name
 to be presented 10 the convention
 at New Britain and in defiance to
 the ruling of the national judge
 advocate and in defiance Of the
 terms Of the national and depart
 ment constitution, he allowed his
 name to bs presented to the con.
 ventlon without diaeiosine the rul- | las. Nf NAa ssatlAnaf ffsA~a aAOaaalA