The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1950-05-25

revoke on the one hand or approv'
on the other, what has heretofor'
been done on this subject, the con
vention Of 1850 has full power anC
authority to make whatever ordel
seems just, no matter what thil
court does in the instant case. Th'
matter is therefore one which
there being no claim of fraud, the
court should leave to the regularly
constituted tribunals Of the Bro
therhood.
"Sec. 3 of the Constitution oI
1941 provided as follows:
1.-The ventiO of the
N.B.O.P. shall have power and
authority to make or repeal
any laws deemed necessary. 1t
may also tax the members for
the maintenance of the organ
iZation.'
Section 26 provides:
"'All resolutions adopted by
the Convention which 60 not
specify the time they shall be-
come effective excepting
resolutions affecting the wage
scale-shall take effect on the
first day of the month follow
ing the adjournment of the
Convention
Section 255 provides:
"These laws shall not be al
tered or amended except at a
stated meeting of the National
Union or by referendum vote
Of the N.B.O.P.'
Section 257 provides:
Should any doubt arise re-
specting the true intent and
meaning of any article or Sec
tiOn of this constitution, the
question shall be referred to
the President and Officers Of
the N.B.O.P.'
"The Convention of 1914 upon
he authority Of the foregoing sec
ions and within the general powers
conferred by Sec. 8623-105 &C.
proceeded to amend Sec. Is Of the
Constitution of 1914 which then
"75. Resolutions calling for
changes in the salaries of the
National Officers may be in
trOduced in Convention or in
Local Unions, but such resOlu-
tions must be referred to the
trade for adoption or rejection,
and each officer shall be voted
upon individually; resolutions
pertaining to National Officers
salary is permitted only on the
off year.
"The amendment struck out the
asst part of the provision, that is,
he words "but such resolution
must be referred to the trade for
doption or rejection and each of
icer shall be voted upon individu-
lly; resolutions pertaining to Ma
ional Officers salary is permitted
My on the off year" lit is sug-
.ested in the record that by "off
ear" was meant odd number
ears.)
upon the adoption of such
mendment the convention pro-
eeded as above indicated to in
rease the national officers COM
ensation. They Interpreted theirl
onstitution as amended, as confer
ing upon them the right to do so.
his duty was imposed on the of
icers by Section 257, supra. (Con-
of 1941. Same provisions
J to be found in Sec. PIT of the
Onstitution of l946.) There were
ertainly grounds upon which to
ONE to that conclusion and the
ourt cannot substitute its judg- |
lent for that of those who by the
laws of the Brother
oOd are vested with such power. |
he rule is we'll stated in the case
t Allen v. Brotherhood of Railway |
rainmen, 110 Pac. (2d) 933 at
80:
The contention that the Of
ficers of the Brotherhood mis-
construed and misinterpreted
the provisions of the cOnstitu-
tiOn in respect to the matters
involved here cannot be sus-
tained. AS was said by the
Court in Pratt v. Amalgamated
Assoc. of S. & E. R.R. En-
plOyees, SO Utah 472, 167 Pac.
$50, 1874:
** In any event, the Off
GERS not only possessed right,
but it was their duty to con-
strue and apply the provisions
of the constitution to the
best of their understanding
and ability. The fact that
different officers have arrived
at different conclusions re-
garding certain provisions of
the constitution is but natural.
What Interpretation we might
now place upon the cOnstitu-
tiOnal provision in question is
of no Importance, since we are
not authorized to review the
rulings of the regularly con-
stituted officers of the assOcia-
tiOn relating to the internal af-
fairs of the association
"The Allen case involved a dis
tie on a question of seniOrityI