The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1948-07-15
Court Decision
Continued From Page One)

cenIS an nour, IndC OH reDfuary l.,
1947, the trade received an addi-
tional increase of 812 cents per
i hour but that the Defendants and
the First and Second Vice Presi-
dents took larger increase than
was authorized by this Section.
To this Petition the Defendants
filed an Answer setting out in de-
tail the wages of the President,
Secretary Treasurer, First and Sec
ond Vice Presidents from April of
1941 to the date of filing their
Answer.
The Defendants further alleged
that that portion of S75 which re-
uuired that changes in officers
salaries must be referred to the
trade and that resolutions pertain
ing to officers salaries being per-
mitted only on the "off'' year was
removed by the Convention of 1914
and that following such removal
the officers salaries were increased
as specified in the Answer but that
because of the change in S75 it was
not required that such change be
submitted to the trade.
The Defendants admitted that
on June 1, 1916, the trade was.
granted an overall raise of 1872
cents per hour, that the officers
took an increase of 1812 cents per
hour based on a 60 hour week and
that later they determined that in
stead of such increase they were
entitled to a 121a% increase and
to retroactive pay; that when, in
February 1947, the trade was
|, granted an increase of 81acents an
J hour the officers took an increase
of 71a@c and that when in Septem-
ber 1947 the trade was granted an
hourly increase of 6 cents the Of
ficers took an increase of 59o.
The Defendants alleged that the
provisions of the Constitution, the
action of the Convention of 1914 In
deleting portions of s75 and in in
creasing the officers salaries were
well known to the Plaintiffs and
were willfully omitted from the
Plaintiffs Petition. Defendants fur
ther alleged that the actions of the
officers in interpreting the hourly
wage increases to the trade on a
percentage basis were well known
or in the exercise of ordinary dlll--
gance could have been well known
to the Plaintiffs.
The Defendants further alleged
that the Petition filed by the Plain
tiffs is "willfully and maliciously
misleading and is not filed in good
faith: and that the Plaintiffs are
members of a faction within the
brotherhood who seek election to
office therein and are using this
Court merely as a political sound
ing board; and that the true pur-
pose of this suit is to cause dis
sension within the Brotherhood,
falsely discredit and defame these
Defendants and cause them injury,
humiliation and embarrassment"
To this Answer the Plaintiffs
\ filed a Reply admitting that the
1914 Convention repealed part of
S75 of the Constitution but deny
that said Convention had the power
to repeal said Section and then i'm
mediately to increase the officers
salaries without vote of the
trade. The Plaintiffs in their Reply
further allege that on one occasion
at least eight locals did ask for a
vote of the trade on the question
of National Officers Salaries but
that the Defendant James Duffy
as President and the Executive
Board of the Brotherhood refused
and did not permit or call for a
vote of the trade as required by the
Constitution"
Plaintiffs in their Reply also al
lege that the percentage increases
as taken by the officers were un-
authorized under the Constitution
and denied that their Petition was
not filed in good faith.
FACTS:
The National Brotherhood of
Operative Potters filed Articles of
Incorporation with the Secretary
of State of Ohio on the 18TH day of
November 1894, making applica-
tion to become incorporated as a
corporation not for profit.
Paragraph Third of the Articles
states:-" -"Said corporation and the
! associations under it are composed
y exclusively of operative potters
81 and are formed for the purpose of
the mutual protection, elevation
and relief of said operative potters
and their families, and for the fur
ther purpose of cooperation in and
all matters affecting the interest
of their said craft"
Corporations not for profit are
now subject to Sections 8623-97 to
8623-120 of the General Code of
Ohio.
S8623-101 of the GENERAL
CODE provides in part that
"Such corporation (not for pro-
fit may adopt and change from
time to time code of regulations
- L 81, IN