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disobedience to this injunction notice meant contempt of Court, and we had no further trouble. The strike came to an end.
REQUEST FOR SUBJECTS FOR REPORTS FOR THE NEXT
REGULAR MEETING. Mr. Littell: I move that the delegates be requested to hand to the members of the Executive Committee subjects for reports to be presented at the next meeting. From the subjects received, the Committee can select what would be best for the Association. It is in the hands of the Executive Committee to name the subjects. If the delegates will suggest what they would like papers upon, we can get at it in a better way.
The President: The Chair is gratified by the suggestion made, and will ask the members of the Association to send to the Executive Committee the title of any subject they wish to have discussed at the meeting one year from now. DISCUSSION RELATIVE TO THE ADMISSION OF SUPPLY MEN
TO ASSOCIATE MEMBERSHIP. Mr Henry M. Thompson, of Brooklyn : Last year, in Philadelphia, there was presented to the Association a question as to the admission of supply men to membership in this Convention. As I understand it, it was decided then that an amendment to the By Laws should be made and voted upon at this meeting. If that is the case, we want that done before we adjourn. If it is not so, I would like to know exactly where the gentlemen who furnish us with supplies by which we operate our roads stand to-day ?
The Secretary: In reply to the gentleman I would say that the subject was referred to the Executive Committee, as will be found on page 110 of the printed report of the proceedings of the last regular meeting
That proposed amendment was duly presented to the Association; and as the result of discussion thereon, was referred to the Executive Committee. On page 20 of the same report, appear the Minutes of a Special Meeting of the Executive Committee, held at the Continental Hotel, Friday, October 21, 1887, at 9 o'clock, A. M., at which were present, Messrs. Rugg, Frayser, Clegg, Smith, Mosher and the Secretary. In reference to this subject, the minutes read as follows:
“The proposed amendment to the Constitution and By-Laws having been referred to the Executive Committee, was given extended consideration. It reads as follows:
“ Be it Resolved, That the Constitution and By-Laws be amended so as to permit manufacturers and dealers in street-railway supplies to become associate members of the Association, on the payment of the membership fee of twentyfive dollars, and the annual dues assessed active members, it being understood that said associate members shall have no voice in the deliberations of the Association except by general consent, and under no conditions shall they be permitted to vote upon any matter before the Association." On motion, the following resolution was adopted :
Resolved, That the President be, and he is hereby authorized to issue a ticket to any gentleman not a delegate, upon the recommendation of a delegate, who may desire to attend the annual banquet. The number of tickets is to be limited by the judgment of the President, and the price of each ticket is to be ten dollars."
That, sir, is the action that was taken by the Executive Committee.
Mr. Thompson: Now I would like to ask the gentleman whether the Executive Committee has the right to make an amendment without submitting it to the Association. The By-Laws of this Association are adopted by the Association and not by the Executive Committee. When that resolution was introduced last year, it was for the purpose of admitting the gentlemen who furnish the companies with their supplies, to equal privileges with every gentleman here, except a voice and vote in whatever might come before the Association. Now I want to know what right the Executive Committee had to change that entirely and make it something which has never been submitted to, or passed by, the Convention which adopts the Constitution and By-Laws of this Association.
The Secretary: Mr. President-In reply to that, sir, there are one or two answers that may be made, as follows: Under the heading of By-Laws, on page 176, Article II., it reads as follows: “ The Executive Committee shall have the entire charge and management of the affairs of the Association.” That is one answer. Another answer is, that the question was referred to the Executive Committee; and in lieu of adopting the resolution presented, they adopted another as a substitute, the one that has been read. A third answer to that question is that the entire matter was presented in the Report of the Executive Committee yesterday morning, which report was adopted at this meeting, and thereby became the action of the Association.
Mr. Thompson : I would like to ask if there is any alteration
made in the By-Laws as to whether a matter of this kind shall be done by vote of the Convention or by vote of the Executive Committee. What is the last item in the By-Laws? Will the Secretary please read it?
As requested by the gentleman, the Secretary read on page 179 of the last printed report, Section XXI. of the By-Laws, under the head of “ Amendment,” as follows :
“All propositions for adding to or altering any of these By-Laws shall be laid before the Executive Committee, which shall bring them before the next regular meeting of the Association, if it shall think fit; and it shall be the duty of the Committee to do so, on the request, in writing, of any five members of the Association."
The Secretary: Mr. President-Do I understand the gentleman to say that the Executive Committee has amended the Constitution and By-Laws in any respect ?
Mr. Thompson: No, sir ; but the motion was made at the last meeting to admit these gentlemen as associate members of the Association; and I only want to know how the Executive Committee, or any other party of people, can alter the By-Laws without a majority vote of this Convention.
The Secretary: They cannot do it, and have not.
Mr. Thompson : Therefore I say, inasmuch as a gentleman last year introduced an amendment that the gentlemen who supply us with our materials should be admitted to membership in this Association, without a voice in the management of the Association, why is it that they cannot be admitted ? Now, as they tell me, they are allowed only admission to the banquet at ten dollars a head.
The Secretary : The only reason, Mr. President, in answer to the gentleman, is that the Association voted that they shall not be admitted as members by its action in adopting the report of the Executive Committee.
Mr. Thompson : Is that to come up now?
Mr. Thompson: I am told that it was not intended to consider the thing at all. I make the motion that we consider the question of amending the By-Laws, so as to provide for the admission of supply men at the ordinary rate of membership of railroad companies.
Mr. Atwell, of Pittsburgh : I do not exactly understand the status of the question we are about to consider. Last year there was a discussion and action taken by the Association upon this very question; and then it was committed to the hands of the Executive Committee, who are charged by proper authority with dealing with these questions. The Executive Committee took action upon the question in the interim, and when we assembled this year, the action of the Executive Committee was presented to this assembly, and it received the sanction of the Convention. That settled the question absolutely ; because the Association put its seal of approval upon what the Executive Committee had already done. Now, if it is to come up before this Convention, it could not properly be done in any other way than for so
some gentleman who voted in the affirmative to ask for a reconsideration ; and I will not say, as a question of order, whether it could be done in that manner or not.
Mr. Frayser : I wish to say a word here in behalf of the Executive Committee, concerning their action on the resolution that was introduced at the last meeting of this Association. When the amendment now under discussion was introduced, which proposed that the supply men should be admitted as members of this Association, said proposed amendment was, on motion, referred to the Executive Committee. It came up before that Committee, of which I had the honor to be a member ; and upon looking at our Constitution and considering its provisions concerning membership, I was of the opinion that this Association was composed of the street-railroads, or lessees, or owners of street-railroads, and each railroad was entitled to a delegate, or two delegates, whatever that might be under the By-Laws; and I did not think we could admit outside individuals as members of the Associa. tion.
The street-railroad corporation is the member ; those who come here are the representatives of the particular Company he or they represent. That point was fully considered by the Executive Committee. If this Association is to lose its identity and abandon the original idea of its formation, and is to admit as members of the Association every person who may have supplies to sell to street-railroads, then we undermine the foundation of our whole organization. I have great respect and high regard for every person who may sell supplies to our railroads ; but when the railroad companies form an organization composed exclusively of themselves, I do not think we should lose our identity and admit outsiders as members into this Association. It was in this manner that I reasoned the question before the Committee, and looked upon our Constitution as our guide and so regarded it ; and the Executive Committee coincided with me upon the views thus expressed. We then made the very best arrangement that could be made under the circumstances.
The supply men desired to be admitted to the banquet; we fixed it so that they could be admitted, if they chose, by paying ten dollars for the ticket. We have arranged for their attendance at the banquet, and I, for one, appeal to the common sense of the gentlemen here, and insist we should not admit them as members of the Association under our present law.
The President: The Chair rules that no further discussion can be allowed on this question, unless the Association so desires, and expresses its desire by a motion and vote.
Mr. Thompson: Mr. Chairman-The motion before the house is that some action be taken on this resolution, which was made last year by Mr. Richards.
The President: The Chair has ruled that this discussion is out of order, because the resolution was disposed of by the Executive Committee. This Association, following the reading of the report of the Executive Committee, disposed of that question ; and no further motion can be entertained, unless this Association shall so order.
REPORT OF THE NOMINATING COMMITTEE.
The Report of the Nominating Committee was then presented, as follows:
“ WASHINGTON, D. C., October 18, 1888. CHARLES B. HOLMES, Esq., President,
Dear Sir:- The Committee appointed to make nominations of officers for the ensuing year beg leave to make the following recommendations for the consideration of the Convention,
For President, GEORGE B. KERPER, of Cincinnati,
First Vice-President, JESSE METCALF, of Providence.