The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1948-07-15

0ratlOn was OrRanlZcu Uut SoHso
of BATES ANNOTATED OHIO
STATUTES Revision of 1897, pro-
vides that
"Every corporation may adopt a
code of regulations for its govern
ment, not inconsistent with the
Constitution and laws of the
State"
$3.50 provides that
"The trustees or directors of a
corporation may adopt code Of
Bylaws for their government, not
inconsistent with the regulations
of the corporation, or the Constitu-
ton and laws of the State, and
may change the same at pleasure. +"
s3251 provides that
Regulations may be adopted or
changed by the assent thereto, IN
writing, of two-thirds of the stock
holders, or, if there is no capital
stock, of the members, or by a
majority of the stockholders or
members, at a meeting held for
that purpose, notice of which has
been given by the acting President
personally to each member OF
stockholder, or by publication in
some newspaper of general circula-
tion in the county in which the
corporation is located, or in the
counties through which its improve
ment does or will pass"
Whatever their authority the
Brotherhood adopted regulations
or Bylaws which they have term
ed Constitution. Their authority
to adopt such body of Rules is
not questioned by either side in
this case and the decision in this
case depends almost entirely on the
Interpretation of such action.
There have been submitted II
evidence the Constitution revised
July 80, 1925; the Constitution re-
yised July 2-10, 1920; the Consti-
tuition revised October of 1871; the
Constitution revised January Of
1916; and the Constitution revised
October 1947. Unless different
| Constitution is specifically referred
to all references to Sections will be
to those in the Constitution revised
October 1941, since that Constitu
/, tion was in effect at the time Of
( the 51st Convention held in Allan
tic City, New Jersey, from June
.26th to July 9th, 1914.
i Section 3 of all of these Consti
tutions is identical and reads al
4 follows:-
i "The Convention of the Nationa
Brotherhood of Operative Potter'
shall have power and authority II
make or repeal any laws deemed
necessary. 1t may also tax TIT
members for the maintenance o,
4 the organization
i All witnesses agreed that thi
\ provision had been in their Consti
tuition as long as they could remem
| Der.
i Section SO of the Constitution O.
1941 is as follows
each Local Union shall hav
power to propose law or to asl
for the repeal of a law. Before an.
local may act under the referendum
it must first serve due notice t.
i each and every member in goo'
standing of such referendum by in
serting notice in our official journ
4 al with signature of officers o
j Local Union. The voting shall b
4 by secret ballot and the endorse
!, ment of a majority of those pre-
sent at such meeting shall be nee
essary to carry the proposition
Such proposition when signed b,
4 eight Local Unions, showing eacl
!, locals vote for and against, IL
compliance with the foregoing in
\ structions, shall then be submitte'
| to a vote of the trade and major
ity vote shall decide them. A vot
of the trade shall have precedenc
! over the vote of the delegates il
.1Convention."
a This Section appears substan
TALLY the same as S85 of the Con
stitution of 1920 and Section 86 O
the Constitution of 1925, and a
1891 of the Constitution of 1916 ant
l1947.
Section rs of the Constitution o
1941 provides that
Resolutions calling for change
lin the salaries of the National or
ficers may be introduced i'm Con
vention or in Local Unions, bu
such resolutions must be referre'
to the trade for adoption or rejec
ton, and each officer shall be vote'
, upon individually; resolutions per
tanning to National Officers salar!
is permitted only on the off year.
This Section i'm substantially tn
same form is numbered rs in tn
Constitutions of 1920 and 1925 an
is numbered n in the Constitution
of 1916 and 1947.
MIR. Thomas ]. Duffy who ha
been a member of the Nationa
, Brotherhood of Operative Potter
since it's Incorporation in 1894, it
Secretary from 1899 to 1903, it
President from 1903 to 1911 and ;
member of the Industrial Commits