182 Mass. 401 | Mass. | 1903
It appears that at the national encampment held in 1895 a committee of five was appointed “ to revise the Constitution, Rules and Laws of the order, and to make [its] report at the next meeting,” and that another resolution “to make several changes in the Constitution ” was referred to a committee, which we infer was the same. At the encampment held in 1896, the committee not being ready to report, it was voted “ to continue ” it “ until the next Encampment,” and, on motion of a delegate from Massachusetts, “ resolutions in regard to certain changes were referred to ” it. At the encampment held in 1897, the chairman of the committee on revision resigned and his resignation was accepted. It was then stated by one of the members of the committee that, owing to the resignation of the chairman the committtee was unable to report, but “ the work of the committee on revision was recognized in a printed form of suggested changes, distributed among the members,” and “ motions to amend and refer back to the committee were discussed,” but no action was taken on it by the encamp
It is now, however, contended by the defendants that it was invalid- because not in compliance with Article 30 of the rules and regulations of the order. According to this article, in order to effect a valid amendment, the proposition to change must be submitted in writing to the meeting and referred to a special committee of which the incoming judge advocate shall be chairman, the report thereon must be made at the next annual meeting, and the change supported by a three fourths vote. The plain purpose of this article is to provide against changes without full notice to the members of the action proposed.
We do not understand that the defendants contend that the changes were so radical in their nature that they could not have been made by the encampment. They appear, therefore, to be valid.
The subsequent proceedings show that the defendants are no longer affiliated with the present organization as it now exists, but that on the contrary the plaintiffs are affiliated with and recognized by it as the society formerly known as Appomattox Command, No. 22, Union Veterans’ Union, but now known as Appomattox Regiment, No. 22. The plaintiffs therefore are entitled to the charter, records and property of .the society formerly known by the first name above mentioned.
Decree for the plaintiffs.