https://kiakimamuseum.org/files/original/661ef3622a86271953f0eb66e620c2de.pdf d444b41f82540b945adfd5a2228ae61f PDF Text Text M£:MPHIS PRESS-SCL\IITAR, 'Tue11day, December 10, 1957 Scout Leaders' Dispute Goes ·to Court l Eight adult members of Chicka- tion committee is to nominate America should re v o k e the Kamp Kia Kima program direcsaw Council of Boy Scouts filed only one slate. scouter registration of said so- tor for three years now at F>Uii in Chancery Court against Goldschmid named the nomi- licitor" prior to the meeting Princeton University. ' the Council, its president and nating committee, which had scheduled for last night. Present a certificate of appresecretary, chargi~g they ~id not nominated him for re-election for R Cf t Mad ciatiOn to David Olive, 12-yearpermit democratic election of 1958. The election rules say if e ues • old son of Mr. and Mrs. Michael officers. all the slate is not elected, an- The bill asked that Goldschmid Olive, 1120 Mullins Station Road, The bill, filed by Charles M. other nominating committee is and the ~ocal council be enjoined for action in saving the life ofJ Crump and S. Shepherd Tate, named by Goldschmid to nomi- fror:i try~ng to revoke the scouter a child from possible death by attorneys charge that Jack P. nate one slate to fill the vacant registration. fire, Nov. 14. council is composed of Listen as commit.tee chairGoldschrr{id, president, ana vi. offices. Gordon Morris, secretary, con- Goldschmid says nominations 93;,3 Boy .scouts and. 3500 adult ~en summed up their progress trol the elections and that they from the floor are contrary to leaders 11; Memphis, Shelby m 1957 an?. told what they are illegal. national Scout policy, that by- County, ~r1ttenden County, A;k .. planned for ;i8. , The petition asks the court to laws of the local council prohibit an.d Tunica and DeSoto Counties, Dr. Jam.es A. Wax, Temple !sallow proxy voting nominations lproxy voting (even tho proxy Miss. ;af'l Ra_bbi, .~ound up the. meetfrom the floor a~d voting by voting i~ provided for in its char- Council Makes Awards, mg saymg: We are now m secten and that· a ballot may be H ears Dr. W ax ond of neglect of wri'tten b a11ot.. , · place,,ebecause science. mus t ca t.c h up. . "by voice instead of in writing." The cou!1c1l s annu~l meetmg , . • • , Tho elections were not held "In a time of crisis the Boy and election of ~ff1cers was Systematic Campaign last night, the council did: Scouts can do a great service scheduled f~r last.i:ight. It was The bill charged that Gold- Awar~ the Silver Be~ve~ to A. by building boys into.better men ~ called off w!th a JOmt. s.tatement schmid and his gr.·oup had a c. Lewis, Northwest District; A. for a better America and a j f~om b~th ~ides e'.'plammg .~here "planned and systematic cam- B. Bowman, Southeast District; bettPr world." \\ e.r~ honest differences of paign" to block leaders who op- Dr. James A. Wallace, North- - opm1on. pose them from being named to east District; W. B. Fordyce, I Hearing Set Monday the executive board and other Crittenden District. ., positions of leadership in the Award the Order of The ArCh ance ll or F razer se t " p,m. oun il row to Lofton Heltner Troop 43 Monday to hear the f'ase. lc c · s t . H d 'M G b owar · that at the cou master, . .. ru e, Th ose w ho b roug ht th e sm't The bill charged w·n· F T 1955 and 1956 annual meetjngs o.f the Chickasaw Council exec_u. E L 1 ~~e . ·J a~ b t ~mt· ·J · 'the complainants were refused hvP board; W. Gordon Morns, I a~er C rid. ~ ~r AJ • n;mT ~" the right to make nominations Chickasaw Council Scout execu/a ,o ~~m~i K .. v~f Th a e from the floor, offer proxy votes tive; and announce the aw.ar~ at r.,,.IaGme.s ~ I.II c. nd1gJ 'R' o,mads or have the vote token by writ- a future date to Roy R1dd1ck, an . 1c 1ar .T. "' c mre Walker. ten ballot. Election ot officers will pt;ob- The bill further charged that ahly be held in January, the when one of the attorneys who joint statement said. filed the hill called Goldschmid The bill said the Boy Srout and told him it would be filed in Program was to "promote char- c our t yesterday, Goldschmid acter development, citizenship "stated that he was not making training, physif'al fitness and. this a threat, but the thought had Americanization: that thP con- occurred to him as to what would duct o! said elections" as has be the effect if the National . been in the pas.t are "in viola- cou ncil of the Boy Scouts of tion of fundamental democratic 1 _ _ 1 principles." !he ,u I I · J" The Charge 1 r I The petition said such elections, which are in violation of the ' scout council's own state rharter, will subject Boy Scouts "to an example set by the ir leadership which is contrary to the principles of democracy 'and citizenship training to which they are entitled." Goldschmid and his group differ on how elections are to be hl"ld. According to election procedures. a copy o! which was filed with the bill, the nomina- �December ?, 195'1 Mr. Jaek P. Goldsehmid 3116 Central Avenue Memphis, Tennessee Dear Jack: The matters discussed at perplexing and doubtless we law::r, the issue. As I promised you resea.rched the questions more the matter of the proxies. Chapter 11, Tit applies to general wo speeif ieally states t za.tion devoted to en Scouting and holding of the Boy Scouts of said Cha:rter and cons Am.eP1ca. 's meetin: re ve'Py her badly eon.fused sterday, I have now d wish to report on ·. nnessee Code Annotated" 1 and Section 1101 (11) ranted to an organi• orting and :maintaining Bo7 d by the National Council erating under or subject to y y-lawa of the Boy Scou.ta of quoted in full: er of conducting elections.- In ach member to be entitled to one el!' in perso.n or by pro.x7, and the ~il.»-"'-vv' determined by a majority or the votes • Due notie• of any election must be given by advertisement 1n a newspaper, personal notice to the members, or a day stated on the minutes of the board one ( l) month preceding the election.• You will note that 1t permits proxy voting and since our original Charter also permits proxy voting I think there oan be no dispute but that the by-laws must give way and you muat permit proxy voting at the annual meeting. �Mr·. Jack P. Goldschmid Page 2 You are concerned regarding the notice requirements. In that connection, I would suggest that you proceed as if proper notice had been given and if the queetlon is raised I would make certain before acting that nowhere in the minutes of the Board does it state the date of the annual meeting. I am of' the opi.nion that somewhere 1n those minute the date or the annual meeting is set out and if that be the asel' then I think we can proceed from there since everyone k ws that the election is held at the annual meeting. In short, I think you have no P·vt51'ii:rm~AJ onneetion t be raised with notice because first of all the qu-=-e-=-si::'t~:-==-;-- and secondly you may have g1ven the Rega:t"ding the matter of you no legal authorities to as is my ':'.)ersonal oninion that our and I for one see no harm in tbe zatton prohibiting them. mit them, in my opinion ~T-·~~ ot1ee. tions, I an give ted last night, it """'"""", t floor nominations w or no other organis of America should per- have never taken Please bear 1 ur Council. You asked !:or sides in the eontrov eoause I feel very strongly my opinion and I hav upport the Constitution of the va1.. ious oaths I onstitution of the State of of the United Sta the Chickasaw Council of the f Tennessee, that I can execute my oaths way y Tl Seout Boy I have above. Last as you advise o in good nee that only those sustaining your aetion night I properly executing their oaths. May I could be l language that sueh inrerenee and position point ou ds the nroxy question. National Boy Scout are unten policy ea would suggest he Tennessee law on this question and I this bus ineas of the oaths be so.ft .... pedaled because inevitably such comnents reflect upon those persons, just as sincere and honest as you, who a.re of my opinion. Assuring you of my continued interest in the Chickasaw Council and with warm personal regards to a fine gentleman in a tough situation, I remain Yours very truly, JGB:TG ~-BLANCHARD �LAW OFFICES CLIFFORD D. PIERCE PIERCE, RIOE & TALIAFERRO GEORGE L.RICE,JR . .J. LEW JS TALIAFERRO WM. K. WEST, JR. SUITE 701 EDWAY BUILDING BOB G. STEWARD MEMPHIS 3, TENNESSEE December 27, 1957 A.it. HA.ii §1eci1I Doctor Arthur A. Schuck Chief Scout !!«ecutive National Council Boy Scouts of .America New Brunswick. New Jersey Rei Lacey Wi~MMlu. vs. Chickasaw Dear Doctor Sthuckt There f ollews our mixed regard to referenced matter. It is usually difficult r la workings of an equit7 court resi of lesa la~n. Tennessee ia Jersey is. another) t~t <&ti the Chancellor has broad diacre ud in a manner of speaking rather broad discreti As you can see the ex.er .ra to understand the over by a. Chancellor, much ur (4) states (I belie•e New separate equity';':eourt, where jurisdiction: where he it, rut jury and ha• in addition ot the hearing, entitled "The Opinion of the Court forwarde to 7ou by Mr. Harley Brb,the Chancellor exercised s discr on la our favor: First: by by denying to · ctions; Seeond: denying the issuance t.l votea. even thouch he was of the owl rule in favor of t at such de al wa.1 coatrarr to Tennesaee Law. definite opin do not a uiesee in permitting the right to nominate However, if t to vote by writt•n ballot, by agreeing from the flo and the to a Court O er to thi effect in t.he J!.a. l!!K. futpre the. Court will so en.Joi us •. A · of the propoa-ea--order s enc 1os"'d• co . te transcript of the hearing will be forIncidentally, as prepared, Which we are advised will be warded to you aa about January 3rd. From the above'.rd.•r 11e cannot appeal. since it ia not a final order; and it we acquiesced, ye would cut off our rig__ht to appeal. To obtain an appeal we ".·.u.ld have to ha.ve another -h~aring, vliek would b~ quickly set, so that the Chancellor could enter a �Pag~ 2 - Doctor Schuck December 27, 1957 final order; from which we could app~al. if perfected within thirty (30) days. In order to be suceesstul on appeal we would hav~ to convince an appellate court that th~ Chancellor has erred. We are faced with this situation: the Chancellor,, while a very able lawyer and judge, has had no, or very little_. experience in servic~ or civic organizations. and is unaware (and we were unsucc~ssful in our efforts to educate him) of the wisdom of our election procedur~s; and_ as be $ta.t"d. he can see no harm in allow.lng nominations from the floor, ;l,.ich., on its face, it undemocratic. From this.decision of the Cha.ncellor we would have but meager prospects of being succ~ssful on appea1; and, if · unsuccessful! we would have on the hooks adverse appellate opinion. binding on a l courts of the State, while the present litigation is binding only on this Council. We must also consider, and in the final analysis be controlled by 1 the possible a.dverse effect an ap.peal would hav. e on public opinion. The harm, rather tthavoe•, already created by th0 mere filin.g of this •uit is immeasurable, and would, in our opinion, be greatly magnified by further litigation. It is our advice to follow the Chaneellol"'s or.ii~ and allow nominations from the floor in the next election, which most likely will be held in January, prepare printed ballots, leavinf bl. auk spaces far write-in votes. and deny proxy votes. This• n all likelihood, would. pr~s~nt us with another suit, to have such an election declared invalid - and would present to the Chancellor an entirely diff~rent situation, where his discretion would be reatly eurtail~d and where he would have to follow the law, which, n his opinion, is contrary to our position of not allowing proxies. f In view of Mr. Crump•s obsession . we consider· such a possibility high probable -- unles$ forestal1ed. However. if Mr. Crump proceeded along this line., he would indeed i~ahit a very precarious position, both as r~gards the general public and as regards the members of this Council. To forestall such a suit, the following possibility suggests itself: upon~receipt of instructions from the National Council, this Council, by a resolution of its Exe<mtive Board, could surrender its Artielea of Inco.rporation to the State of Tennessee, ~ to the el0eti0n; and thus, would not be controlled by the geiiiri.'I provisions of. ou.r statutory l"w r~lating to general welfare corpora• tions, specif1cally that sect1on pertaining to pro~y votes. Thia. of course. pres~nts other proble.n~. 1 largely mechanic-a.). •. In. oth~l­ words, w~ suggest a ch(ltSS game ratner than court battle$~ leading. if logically followed to conclusion, to the situation where all officera 1 Executive Boa.rd members, etc. of this Council would be appointed by the National Council. �Page 3 - Doctor Schuck ., .. - . ' ti.••, .. ·,_ · As to the long range view, it is our suaeation that· Stand.ard Local Council Constitution and By-Laws be ohangedl·..... ·.: ·. ··.', sp~ll.ing ou~ in great detail election procedur"es, and spec tica.llf denyint: nonu.nations from the floor, proxy· votes. etc. To pr.,.tlit · .. criticism, some provision for nominations 1 othfllr than those of the Nomittating Committee, could be made; i.e •. by a petition si1•••· bf• five, ten or any number of current Co.uneil members, to be preaeatecl to tne Nominating Committee ten or more day• prior to an election•. · . nominating an individual or in.dividuala for certain position.a no;!neea.· independent as ballot the on printed b~ could whose names It is most unfortunate that we have but an extremely short time in which to act, and most urgently need your counsel and advice at the earliest possible time. As you can see by our opil1ion, we think it heat to keep this matter local. Pljase accept our very beat wishes for th• Holiday Season and With our sincere ap~reciation tor your splendid cooperation, we remain Very truly yours, PIERCi, RIC~ & William K. WKW,Jit: jp enc. ccz Mr. Jack Goldschmid 247 Bodley . Memphis, Tennessee Mr. W. Gorden Morris Chickasaw Council M& M Building . Memphi.s • Tennessee Mr. Harley Erb 1913 Sterick· Building Memphis, Tennessee TALIAFJ.1Ut0 W~st, Jr. �-I jlV UJORMA!IOlT A!ntlf LAW atl'fl\ wm OB OHIOKA.SAV cotrr..ou. ts IIVOLVU Ya ha."• tiro'babll' •••• ln the aewtpa-pel's ot reoeat date whve some um:Wa ct the OOUM11 and soae ton• Chane.,. OOlU-\. the putpoae ot thla aut.t la to member a, \ltlo a.re not. now re&t. atereel.. hllv• ft let. ~· 'V'OtiDg \'F pl'Ol!V t nomlutl@a frQD \he IJ.'tuuut ohEuteee woul« l..,. t).eor t elec\10a lt" wrl tten 'baJ.10\. Qblolcaae;w CO\l:dlil .wa.1 O:Pgani "4 1n Maroh 1916. th• lava of th• tta te of fenus•••· law sul t la th• ••\bo41 of eleo,ing OottJ:tcil Meawa, Oftlcers. of th• OOunctl Ud Exeou.'1•• 'Boar4 Meabere. ftl'f'e &. In 1935 l \ we.1 tnoorpora\e4 under At the .A.1'lnWt1 C.\lMll Meetlq held oa i:.cea\eJ" l, 194', the p:reeen\ •cou.ndl Oon1Ut11Uon and BT-Laws• wa.e adOp\ed. In the couaoil to chart~ ~tit.nted tp•r~te undtl' lf' tbe state thel"e 1s a prmatoa t• Coaatltu\ton Chloka•w and l~t-Law1 ot the , . Scou-ta of America. tn th1 a ohar\v there 1• a pro'Ylalon th&\ •otee ilPI' bta eaet lJ' ~· w:bicb r•quires Al.JO P1"0•· OOnsU\uUo:n and l\Y-Law1 of both the tiat1oul COtnel1 and th• .i.oeal OOtmoil ot th• :Rey scouts ·or Jaeriea provlde that the:re lhall. be no w11ee 1f' pFOJV at _,. $1.ectioa. fberetoni there ls a ooatlict between the state oba:r\er and the a»n1'1 tu•ton .end. )f...,Lava of the :ao1 scoute ot AIDer1 ca. v la order to 't1fle the nee ef the lltf' scouta of Aaerl ea and to operate at 1t le Aeceo~f t. local Couoil te tallow the Coaa'1tu.t1en and Jt-Lav•• rules and regul.aUone of th• scouts of P..merS.eA. tr'm' the paet twenv-ntne years rJd.t>~aaaw :eo,. Counctl hae been 0))61'&\iq w:uler the CO.tU tu.ti en and :By-Law• a.e a-ppro.-4 lr' \he lattonal counoll, :iieJ' $c()ut• ot wnr PROX11r'S $HOUL1l lljf lll USD l. A Couaoil Member who 11 t.nt•••kd. in scouUng lheu.l.4 attend \he aeetine;e of the 2. Mott chUJ"Ch•s snd ln1t1 tut1Ct11a apo1u1erlng seem ting want their Ineti tuti~nail Repreeentath·e to speak tor \he 1nst1 tut1on and do not ••' hi• to 4.-el.egate hi.a autbol'i \r to al\fOlle else. 3. Use of pron·~ a le p.rohl bl. ted. by both the la ti enal a.Dti the .Local Oouno1l Oonatl tuts.oa �A.a ragu>dt elecUoae for Counc11 Members, O:fft.oera an4 Euoutt.ve JJeard MembeJ>• the procedure as ou.\llnecl \V the Ba\lonal COuncil has been followed.. Tbl• procellu'e 1 s for Pre1ld.•n\ et tht OtUfl011,. With the appf'eval. ct the ExeouUve lJoard, to apPOiai a llOlld.aatln& C...,.ttee to ..S.tu~·•• Annual 11ldneatt •u c.>u.oi1 Member•• Offi aera and *"'1\t.Y& Jcu11r4 Met&w1.. At the Me~\lll6 of the COtmoU. th• llolllnatlag Colmld. ttM,. atter haYlq dnl.T conaldel"d quaU.ftoa\icn.1 alld avallalill ,,. of all me 111lllld. tte4. to l t for the ,..tout pod \tone, ct ot aoceptlztg or aa.ke._ oa• al~te reJec\lng ~- th• elate a.a aoalna\M \f' the lfoalna\lne; Commi\k• bas been elea\84 a\ th• nomlaat1•~•·· the Ceuaotl Mnwa ha• the priYllege •ad.natt.oa1 a!!!Ae lf' the lfoalna.Ung Cttmmlttee., Jor the p1111t Mn\Y·nl• year1 Aimual Ju.1ln.eae · · Meet1a11.. lo proq ~'-•have been.._., a\ \he Annwd Badness Meeting f.n ~ paa• w.aty.-mae IOMIHAftOlfS ftOM THI n.ooJl !e beeoae & a mem• ot th• !o7 so•t• ot Aaert.ca le a ~1un.tu7 aouoa. !o re:nUI" apHtft.o aemcutt 1n Gcol:ttln& a per•on au.at. not only 'btt tualltiecl tor \he plue bu\ 11u1t alto t.ndloaw ln ad•eno• of an eleotioa bt.1 wllllqu•• to aooept ltie po.ttioa 1• elected. tt he fh(Q'fd_.e a aaucll4ate tbo\114 apee to ••ve before hie uae la plMd·t.a nold.na'1oa at an unutal elects.oa.. NU.ag to aeoure candl4atea a&n••nt• would t-•flul• 111 ••a being e1•cte4 who wouJ.4. no• ...... therefore lu.nag Ya0Meie1 which would be ft lled el ther '1r ha•• to anotilw elecUoa or b;r th• hecutt. ve JJOUd. fh• :807 Sc<>ut OOA.1'1 \uU on and By.Lave req,ut.re the auber of lneW. iuUonal lepr... eentat1 vea ln the Council to be a aa.J•l tq ot the Oouno11 Kawa. tut ioa~ !be nwabd of Xnatt.. .lepJ"•••'•tl•• t. e not fize4 and mq •art frq dq \o 4q ae.oorting to the a•w ot laatl tutiQ&a •P••*'lDC soou.Ung. If aoatu.u.01u1 troll the tlo&r are pcWld.\wd all Oounell Maawa. both laatitutloul Repl'esentativee u4 Actl•• 00uao11 Meaw ... At-~ge. vot44 have \he pzi:nlep of 1Ukln1 aold.natloa.. eaalq be l!llil.JW' lf a aubet ot Q/Juno11 Meabere made aotllnattoae fn• ti. n.oor \bee ooul.4 m.ol'• oandldatee tor the peal ttoa of 0oUM1l Mea'bera-AWaJ"ge \he.n could be �.. legally eloctect. for '11• reaton tlley Would en•d th• awaber of lnetltuti oW Reipre1eata'ttve1. ••••"71 to po1tpoe the election until a vnttea ballot td.th all no._ ln•" a-.a. oouli ..,_ mad.e. A\ the eu'baequent elecUon l t VO\lld be no••__,, tor the !hue. lt .te,h' be etu-.11 Members to ca.at iadl vtd.ual vo'-• tor ODuaoil Mnw,..At -Larg;:e con:taln1ng UJ) or more UB a. tr llAl'klne a ballot All :soy ~ou\ Low c»uaeile ebol&14 haft Ooua.ct.1 Meaber..,.At-Lau.•g• l"•eaenU ng a 'Woad. •oes aeotltm AcJ.1,oulwral ct the teJlllllld. \1*• R•lt.poua, ld.uP.tlon el, Labor, e.tTt.c, lilt•••••· l• ha1 al.Wf'• l>Hn. tk• Jo'b ot the llrlld.aa,lag COM!tte• k that tm o.eml!Wl\lv•a lnteeete la tht• coueotio n lt aod.aatto ne tr om the tJ.oor are peraS. tte4 'th• l:lUsln•••• aee Al"it 1~4414. tl:SS<l V-~<Q.on be ao iitl...-4 that all ot ~re co•...,v•e S.nteree\11 Will. be aat•__.W , •• tt wo\tld be ,oselble tw ••or M1'• of • • PE If.~ to be 'lltlll'1Pely 1•~ Up uattl about 1949 a out otl C0\18011 ...bershlp. ,J.t;.lJ"Jwi',. 'ballot Wat -preonte4 to ti. co ;~ctl Membett'a. to •UP kaewle0 th• baUot1 aa euah were neVd 1lM4 ta that ta •Wl'T caae - - • • would •Bk• a manatl o that tbo aeGJ:'eta:rJr cae\ ~ ballot ft# • • eattre f;Poup en,d this mouoa we.a 4ulf aeoortded aa4 paa..a. fher•f•e , no b&Uo'\a ,,.,.. Ul"k.fl4. TM1'8 DO p:rtnte4 ballot• have 'been made a.ftllabl.e aa the f'J.ud.raan Of tbe lfolllati q OOlmd. U• l"eacl the.., n••• ot 1-r' wice vote. !hie tu people DOlll•t•4 tor the '¥al'l&ue petltloaa and th.V were voted. oa •thod of eleotlon has been 1atl1tac\o r,y to \be Co•oU. Mem"r• up nt.11 about three rear• ago vben llDM f'Joom the neor at t1* AtJaual M•tiq. ea4 !'01"' the ls.it ee'f'eral nr. Arthur A. Schuck, Qllet llft'b4lre of the Otu!'loil lnlletetl oa aom-.tin , •• fbt·t aattel'. •aa taken up the saout kaoutt'ff , la 1•,i•r- of Jo,_btl' ao aolld.n:•UOl\9 e.re pftlJ1d tted trmn the floor. and 1'f-Law• ~th ln the St~d e, ltt~tl{)ital 0tuu1l 1914 etaW 1hat t.ecal ocnm.cll CoiuJtt tutton th•• it ao prOYl.S.oa made for nomlnattoae made tror:a the. n.oo.-, netthtl" l• \he.re apy ttat.,..nt that noalai\ tlone &om the floor t!U"e no\ pent ttecl. 01 tOf' aeking tor ruling fJ'om \be Cblet Sc•t liix..u.ttve The Local Cotmc11 Ooasiitut ion and ot the ~7 Henttc~, scouta •t \he re-.eoa J\,tn\lrr1oa. ltr·Law• :prnide1 •bat •he Jbl:eeutlft llo•d ot the Council 11q obaage the l\r•Lh'I after 4ne notice "-> all ot the meabereht.:p aJUl wt th \he �.. 4 ... ap~wl ot 'he JfaUonal COUJ';.011. Counoil •an 1- Joy se011tw of Aa•toa. !be coaetl.W.\len of a local .•ang•t." t•• to the . . ~ ~ ('.~u~,·. \Me~~"'"-< Annual Meettng.IY aotlo~ b..-1 end by the oouaotl 1 ta•lf at l t1 ''ftl••• ~· .,.., aleo 'be appl'O•e4. tbe Ratioaal OOUMil bafOl"e ihe7 beOOIHt opera.ti••• Ihle year a noU.ce vu lat 'o allot tb• Qfucll M•bee oa Sapteabd' al, ad\'id.JIC tta of the uaea of Va• lnlaatlne CHlmtttee ead there waa at'6\ebeA to the letter a ld.-.grapbe4 prcceclve of how the eleoUeaa were ff be contuolff. ,~ All of tbts!1n accordance wt.th Ule Local Ctune11 .CoaatltuUoa u.d Br·L&w•. .u a aattw ot taot only '1111"'1' UV• I aoUo• S.s req.uil'H tor th• AMw4 K•eUq ot the Otbll.011• \we atatha S.n lMlvaaee wt ,._ ua'bera were o•r ot the •"41l'ltl. !he •Olllna.Ung Gomm1tt• ,,,.. •OISJJO•cl ef six dlatrtot ohall'aM ts 'tBO:ie, and three men a total of ten--. a4:11 ..4 •~'.•l.aW ..._. •Nt~••·•;Cee•_.,. lv ihe Preeldent aa4 thta Ohal:rmaa ot tlw& e»1a1't••• IUKUt.a fhl• Coult'8e waa a~oftt by tu '.i!!Xecu'ive Bo~l.J."4 of the CO•noll 'beto:r• \heir M.IM!ta wePe eea\ to '11• ft.eld. Ju.tat 'betor• \he annul Me\iag on Ueee11bel- 9 • a goup ot etucd.1 Meaw• ud fo.nad Coumll Membere ftl•4 the l»lll t.11. OhaJ.\ffl7 covt aatag \hat the aounoll 'be enJo1ae4 troa 4.,.S.ac the 0011plataaat1 of the blll ad &11. other• 11d.lar17 ll tuatet the right \o aomtn.t• fJo«11 the tl.001" at the anmaal ...tln&. io wr1 ttlen ~ballo.t a.\ ~~. _...,_ -llltl• "'•pro~•• at the --.w ••tine aa.4 to wt• lf' ~~' ,~1\~)11R\a<7*Ulle 0Nu-~tiom~--Ch~ru.-~,b/tlJ~~-~-~-llMhi1 ti04et··ctown. ,All ot the o•llJP].at.aan'• la th• ltt.ll Md aleo 'both ot \h• att.ornqa who tileA are 01"' haft been offteera, oounc11 - • • aad ••bere ot ta• beauUve •n b.ave been .iee•d in thct past u1la, the ahanp thr'. . . th• eo•ts. AM l':~•d• tu "111 All of tb.e1e prooe«ur• which they ue now tJ'Ti&g tt 1h• 0011plalru1at1 have made ao .._._,, lo ehange the t1tlect1oa pro•ulw-e1 through tt. aoral ••@U~ pl"ooe1aea pitoft.d.H la ithe OovacU. Ct'natttutlott. •4 l!V-La-.. Both of the a•••rae71 1't"•L4vt Gommi\\ee tu the 0011platnute ar• paat obat.Nan of the QoasU tuttoa aa4 ot Chlokaaaw Cot.Ulet.1. Thia Coultt•• ls a one man eomt\tee. fbe dn\J �of thta • • •~• la to !landle al\V' 1•-1 aatiera connectecl wl th the Couaeil and partloul.arly wt.th the coa1t1nt1.oa and. aho-14 'be made. At •-Law• of tile Council and aar charag(?:a ia th••• documf<n\1 that one ot the COllpltaiMDt• attoruys aenet three yeal"a Md the other ••WJO. one 7ee:t aa the (lhall'ltan ot th• Oo.a1ilft.t1f>rt. and lt'-t•~• th4Jy lmow exactly hov to p:roo•ecl to lllrlnc ab•\ o1umge, in the Oowdttee ona. we ff1el tha• Coaatltf,~Uoa e.ad BJ'·Law•t wbloh are not acceptable to er whtoh vend.a benoft t the eoaetl ta 1 t1 Op8'ation. When an ad.'4 t 4ealre to 'become aff1Ua'84 wt th the lloT sooute of J\l\ertoa he nst _ . apd..t.catt.on and he •~11\ dgn a 1tn••nt ot hl • &W'eemeat. !hle agf'eE~MP.t reada la plll"t "I fill!'&•• tr a Ncletitatten eertlfloate le cram\e4• to bet S\d.dM lf' the COaatl\uUoa u4 JF-lia¥1 of both the Jlatirzae.l OOuaot.1 an4 lo<al councila au aueh aa4 :repl 4loae •• •• be pr•u11at1e4 1r them•. nl•• lo peraon cu beoome a. maber of the 117 scoute et Allertca. wl\hoat lloal•t tld.e appllcatloa aad thl. • ao'•ttme•'· Wbea a Loo& Oounoll appUee for ohM"ter te the Ba\loaal t»uncil the Local comat.1 ._..•• to 'be guiW b.f the CcaU tu.U on e.nd _...Lt:,Wfll e.nd. mulpte4 by \be latloJlal aoun.cil.. the Jf&t1enal Ctuncll vtll not r'QJ.111 and regulatl.oa1 ae pre- lt tt oaniaet 1•e lt• "'• olear to thla aoeemeat thea 1ae~ a ·u•ter, Wokaeav couo11•. eleoUea pl"OOectvea •• the ••• 'baeloalJr &a ... - " ... all WFtiY•tWO CO\llOUt f.n lect.on Y and • tu-ae •• 'mow le Ule ea• pro0&dm'• tollowe4 ftve hundred aad. tOJ".,. .. \bffe Qn11udl1 th&\ 111tJJ,ke1 Up ta the 'h• latton.al OO'm1oil* !oT scout1 of SI.nee 1ta oJ"aam.•at:toll la 1116 ChlcJA:aeav COuncll h&.e t.r1e4 to follow \be COll.atl\uUoa ud 1"•lt••t priacd.ple1 aBd pnctlee1 and pollol.61 lald down 'tr the l'ational tl>uut.l, l10t soout1 ot Maerlea to the beat of 1ta ablUv. 00..acll wou14 not~·• fflMJve4 Chl1' IA 1148, _._. Jl'•li'-•'• tu .uWJJ. We feel that we have 4••.~·"·qr. . . •• ob&l''• o••r tbe1e BJalV' T•al"•• very able .1•a4.ereblp of Mr. w. t.. Sharpe who was •ervlng ae o• ev OO'Gllol.1 dll'f.4•4 Uaelt iato !llet.tlctt Cbt ac111!nl1tratift purpoaea. •ewar& Po•\.rall1aUon wa1 lat1oaa1. fhlt aove ud.e wl '11 the full au.PPort and reoommeruia.Uoae cf the lattoaal Ollll&I fllitwlac the exuple of other OOuno:i.11 and 1ufoee1tul buslneea opel'D.tiOl\t tnrm.pod �the couat.,. Sil'loe. the dlvieloa of "1• Council into Dl1trlot1. there baa been a stru.ittr growth and improvement of lel"Yio• to ov apoasaof'ing 1nat1 tuUont. operationa each •opapbical Cbalr111aa ad a d.Up11oaUon wit.a atx oper~itmg ar~ Under the Dlett»ict pl- ot electe4 their own leadership 1n tlle form of a :nl. td~rtc' ot '1le oounC'lle organlsatioa he.1 beea effected ta ..,h l4strlot oomml'\••• fuac\iomna to carr, out th• pl'Ogl'• ae determlatd \y the Couaoll tbt"Ovgh lta Opent1a1 commtit..., each d1etrlot ud d1Y1elon teing represented a.at in a •a.Jon t.r ~ the s·( fi;,~'l.l o.rd• Oouacil operating commi tt•••· 110 :render better eenloe 'o th4t la1U. tuUoa1 and tlhet.r t1a1 ts, eaeh of 'he ..6.~'v-:/:m. 8'riote a.ad »btlloae haft N\h•r 4l'tide4 tbema•lve1 lato ereae. la.oh lnst1tut1oial lepreaeatat1ve is a raeabe:r of oae ·of th• op•att.nc eomltteea ot hie dletl'lct Md of oou.r• lf a voUng 11erabe:t of tile 1>1et1'lo\ OoutUee propa. The JJ1etr1e·t OOmd tt•e •••• aoat~ ' ' eupen11e \be OaJ'l'Tin& out of th8 ·sotrut pro«l"ae la 1te terrl\Ol'T• A Meabel' ot the Couaoll U.Ylng lA the te.nltory ot a. dlstrlot l• al,•O a member o t \he '.Oiat:riot Cowll \tee and 11 enooura e4 to p8*''1alpate ln 'll• work of th• Dl•Viot Oomml•tiee which la \o OarfT ou• tbe pregu ot tb• SOT seou.t a ln 1 ta geograpbteal territory. Oow:aoU ut1YS.Ue1 ad nente ar• dne1ope4 .. the aouno11 Operaunc Committee•• which are tolll!P0&•4 of repre1enta.'1ve1 fl'• tM YU"lOu.• CU.etrlota, ud l11pleM.11W l'f' th4t opes-att.ng ooamt•t... ot Ute d1•tr1•'• �/'-'-"" · ....•...._ .... IN THE CHANCEBY COURT OF SHELBY COUNTY, TENNESSEE E. LACEY WILLIAMSON, F. T. THAYER, JR., ROBERT L. IRWIN, JR., IRA G. GOLDSMITH, ALVAN F. T.ATE, JR., JAMES MALONE McKNIGHT, THOTumS J. McGuire, III, J. RICHARD WALKER, . Complainant's No. 59896 R. D. v. : . CHICKASAW COUNCIL, BOY SCOUTS OF AMERICA, INC., JACK P. GOLDSCFIMID, PRESIDENT, CHICKASAW COUNCIL, BOY SCOUTS OF fil-11ERICA, nm., AND w. GORDON MORRIS, SECRRrARY, CHICKASAW COUNCIL, BOY SCOUTS OF AMERICA, INC. ..:• : I:efendants INFORMATION ABOUT ABOVE LAW SUIT You have probably seen in the newspapers of recent date where some Members of the Council and some former filed a law suit in Chancer,v methods of electing Members. ~mmbers, who are not now registered, have Court. The purpose of this suit is to change the Council·~embers, Officers of the Council and Executive Board These changes would involve voting by pro::xy, nominations from the floor, election by written ballot. Chickasaw Council was organized in March 1916. corporated under the laws of the State of Tennessee. In 1925 it was in- At the Abnual Council Meeting held on December 1, 1947 the present 11 Stand.a.rd Local Council Constitution and ByLa.ws 11 were adopted. In the charter granted by the state there is a provision which requires Chickasaw Council to operate under the Constitution and By-Laws of the Boy Scouts of America. Also in this charter there is a provision that votes may �-2be cast in person or by pro:xy. The Constitution and By-Laws of both the National Council and the Local Council of the Boy Scouts of America provide that there shall be no votes by pro:xy at any election. Therefore, there is a conflict between the state charter and the Constitution and By-Laws of the Boy Scouts of America. In order to use the name of the Boy Scouts of .America and to operate as a local Council it is necessary to follow the Constitution & By-Laws, rules and regulations of the Boy Scouts of America. Since its organization in 1916 Chickasaw Council has been operating under the Constitution & By-Laws as approved by the National Council, Boy Scouts of America. At various times changes have been made in the Constitution and/or By-Laws of both the National Council and the Local Council. WHY PROX IES SHOUI.D NOT BE USED 1. A Council Member who is interested in Scouting should attend the meetings of the Council. 2. Most churches and listitutions sponsoring Scouting want their Institutional Representative to speak for the institution and do not want him to delegate his authority to anyone else. 3. Use of proxies is prohibited by both the National and Local Council Constitution & ~J-Laws. 4. ProJ!Y battles would destroy the co-operation between the institutions sponsoring Scouting and the volunteers who serve them. The procedure for the election of Council Members, Officers, Execu- tive Board Members has been followed. This procedure is for the President of the Council, with the approval of the Executive Board, to appoint a Nominating Committee to nominate Council Members, Officers, Executive Board Members. For several years it has been the custom to appoint the 6 District Chairmen as W£mbers of the Nominating Committee, so that all Districts would be represented on the Committee. This year the Nominating Committee was composed of the Chairman of the Committee, the 6 District Chairman and 3 Council Members. At the Annual Business Meeting of the Council the Nominating Committee, a~er having duly considered the qualifications and availability of all men sub- mitted to it for the various positions, makes one slate of nominations. At the Annual Business Meeting the Council 1\ffembers have the privilege of accepting or �-5- re j ecting these nominations. For the past twenty-nine years the slate, as nominated by the Nominating Committee, has been elected and has served. No pro:xy votes have been cast at a meeting of the Council in the past twenty-nine years and so far as vre know there has never been a vote cast by pro:xy in this Council. WHY NOMINATIONS ARE NOT MADE FROM THE FLOOR To become a member of the Boy Scouts of America is a voluntary action. To render a specific service in Scouting a person must not only be qualified for the place but must also indicate in advance of an election his willingness to accept the position if he is elected. Therefore, a candidate should agree to serve before his name is placed in nomination at an election. Failing to secure candidates' agreements would result in men being elected who would not serve, thus leaving vacancies which would have to be filled. by another election or by the Executive Board. The Boy Scout Constitution & By-Laws require the number of :rristitutional Representatives to be a majority of the Council Members. The number of Institutional Representaives is not fixed and may vary from day to day according to the nlllllber of institutions sponsoring Scouting. If nominations from the floor are permitted all Council Members, both Institutional Representatives and Active Council Members-At-Large, would have the privilege of making nominations. If a number of Council Members made nominations from the floor there could easily be many more candidates for the position of Council Member-At-Large than could be legally elected, for the reason they would exceed the number of Institutional Representatives. Thus, it might be necessary to postpone the election until a printed ballot, containing all nominees names, could be provided. At the subsequent election it would be necessary to have each Council Member to mark an individual vote for each of 150 or more men after having made his selection out of a list of several hundred possible nominees. All Boy Scout Local Councils should have Council Members-At-Large representing a broad cross section of the community•s Religious, Educational, �-4Labor, Civic, Business, .Agricultural interests. It has always been the job of the Nominating Committee to see that the connnunity•s interests in this connection are safeguarded. If nominations from the floor are :permitted there can be no assurance that all of the community's interests will be safeguarded, as it would be possible for one or more of the groups to be left entirely out of the Council membership. Up until about 1948 a printed ballot was presented to the Council To our knowledge these ballots, as such, were never used, as in every Members. case someone would make a motion that the secretary cast the ballot for the entire group and this marked. motion was duly seconded and carried. Therefore, no ballots were For the last several years no printed ballots have been made available as the Chairman of the Nominating Committee read the names of the people nominated for. the various positions and they were elected by voice vote. This method of election has been satisfactory to the Council 11/Iembers up until about four years ago when some Council Members insisted on nominating men from the floor. The matter was taken up with Dr. Arthur A. Schuck, Chief Scout Executive of the National Council, Boy Scouts of America, since in the Standard Loca.l Council Constitution & By-Laws there is no provision made for nominations from the floor, neither is there any statement that nominations from the floor are not permitted. Hence the reason for talcing the matter up with Dr. Schuck to get a ruling from the National Council. In Dr. Schuck's letter of Nov. 8, 1954 (which was read at the Annual Meeting in 1954) there is this statement: 11 The membership of this Committee is made known to the entire Council so that recommendations may be made for the Nominating Committee's consideration. After consideration of said recommendations the Nominating Committee presents a single slate of nominations for action of the Council. To preserve the integrity of this sound process no nomdmations are permitted from the floor. 11 A letter, dated Sept. 26, 1957, giving the names of the members of the Nominating Committee, was sent to all Council Members. nominations be This letter requested sent to atzy" member of the Committee or the Scout Executive, for any elective position. Thus Council Members had over two months notice instead of the required thirty day notice. �-5At the meetings of the Nominating Committee the following number of nominations for the various positions were considered: For President ···~······················· For Vice-Presidents ••••••••••••••••••••• For Scout Commissioner....... ............ Fo·r Treas'tlrer • • • • • • • • • • • .. • • • . • . . . . .. • . . .. . • For National Council Representatives..... For Member Executive Board............... 8 27 10 5 19 90 From this group the Committee, after careful study, selected the names of the men to be presented to the Council at the .Annual Business Meeting. Just before the Annual Meeting on December 9th, a group of Council Members and former Council Members filed the bill in Chancery Court asking that the Council be enjoined from denying the complainants of the bill and others similarly situated the right to nominate from the floor at the .Annual Meeting; to vote proxies at the Annual Meeting; to vote by written ballot at the Annual Meeting. A hearing was held in Chancery Court No. 2 and the Chancellor ruled that the Court would not hesitate to enjoin the Council if nominations from the floor were not permitted and a written ballot used. commanding voting by proJcy". The Court· denied an injunction Hence, at the election of Council Members, Officers, Executive Board Members for 1958 nominations from the floor will be permitted and a written ballot will be used. Proxies will not be permitted. All of the complainants and both of the attorneys for the complainants are, or have been, Officers, Council Members and Members of the .Executive Board. All of these men vrere elected in the past using the same procedure which they are now trying to change through the courts. Both of the attorneys for the complainants have served as Chairman of the Colmcil's Constitution & By-Laws Committee. This is a one man Committee; the Committee's responsibility is to handle any matters pertaining to the Constitution & By-Laws and to recommend changes that might seem desirable. As one of these attorneys served for three years as Chairman and the other attorney served for one year, it is assumed that they know how to amend the Constitution & By-Laws, as .Article IX of the Constitutions provides: �"This Constitutio n may be amended at a regularly called meeting of the Councii, provided that a copy of the proposed amendment or amendments accompanies the call for the Council meeting, and provided further, that such proposed amendment or amendments, shall have had prior thereto the consideratio n of the Executive Board. of the Council at a duly called meetir;g. All proposed amendments shall be submitted to the National Council for approval before becoming effective locally • 11 Article IX of the By-Laws provides: These By-Laws may be amended at ar.\Y meeting of the Executive Board upon the recommendation of the sub-committee of the Executive Board or when the proposed amendment has been submitted to the members of the Executive Board, in writing, at least fifteen days in advance of the meeting. Or such amendment may- be made by action of the Council upon recommendation of the Executive Boartl, when such amendment has been duly considered and presented by the Committee on Program and Resolutions . Ail proposed amendments shall be submitted to the National Council for approval before becoming effective locally." All of the complainant s are or have been Members of the Executive Board and seven of them are or have been officers of the Cpuncil. It is assumed, therefore, that they know the procedure to amend the Constitutio n and By-Laws through normal Scouting methods and without having to go to the courts to secure an amendment or amendments. No amendments have been proposed by the complainan ts. When an adult desires to become affiliated with the Boy Scouts of .America he must make and sign an application . A pa.rt of this application reads as follows: "I agree, if a registratio n certificate is granted, to be guided by the Constitutio n and By-Laws of both the National Council and local councils and such rules and regulations as may be promulgated by them. 11 No adult can become a member of the Boy Scouts of America without signing the application containing this agreement. Disregardin g this agreement the complainant s filed suit in Chancery Court without having even attempted to a.mend the Constitution & By-Laws through the normal procedure. Chickasaw Council's Constitutio n & By-Laws and its election procedure is basical~ the same as used in the 545 Local Councils in the United States. All local councils ~ust agree to be guided by the Constitutio n & By-Laws, rules and regulations as promulgated by the National Comcil; otherwise the National Council will not issue a charter. �-7ADMINISTRATION In 1948 the Council divided itself into Districts for administrative purposes. This move for decentralization was made with the full support and recommendations of the National Cotmcil and following the exa.~ple of other Col.IDcils and successful business operations throughout the country. Since the division of the Cotmcil into Districts there has been a steaey growth and improvement of service to sponsoring institutions. Under the District plan of operation each District elects its own leadership and each District's 6 operating committees are of like name and purpose as the Cotmcil 1 s 6 Operating Committees. Each District and Division is represented on the Cotmcil's Operating Committees by the District Operating Committee Chairman. Each Institutional Operating Representative is a member of one of the District•s/Committees and is a voting member of the District Committee. The District Committee is composed of the District Chairman, Vice-Chairmen, District Commissioner, Council Members residing Institutional Representatives. in the District and District Members-At-Large,/ The District Committee meets monthly to supervise the carrying out of the Scout program in its territory. These channels of administration are two-way streets with an easy flow of suggestions for program improvements from institutions to the Councilts Operating Committees through the District Operating Committee Chairmen. Ideas are discussed by representatives from all Districts and Divisions and then recommended to the Executive Board for approval. theory. This procedure is much more than Every month ideas are brought to the various Council Operating Committees by representatives of the various Districts and Divisions. Recent changes in policy that arose in the Districts are: 1. The re'luest to have Camp Currier operate as a summer camp which came to the CQuncil as a recommendation from the Southwest District. As a result, Camp Currier will operate next summer as a summer camp for three weeks. 2. The "Training Before Commissioning Plan" came to the Council Training Committee from the; Southeast District in 1955 - was recommended to the Executive Board and was not approved. The Plan was again suggested through the Southeast District in 1956; it was again recormnended to the Executive Board and was approved, and became Council poliC"J effective Jan. 1, 1957. �-8SUJ.DJller 5. The suggestion that the camp fee for Council operated/camps be increased was recommended by the Northwest District Committee and has been considered by the Council Camping & Activities Committee. The Ca.roping & Activities Committee appointed a special committee to study the suggestion. Af):er this special committee reports the Camping & Activities Committee will take action and will submit its findings to the Executive Boa.J!d for final action. 4. The "Round Up Program", which has just been completed, was an idea growing out of recommendations from the Northeast District and recommended by the Council Organization & Extension Committee and approved by the Executive Board on Sept. 9th. For 41 years Chickasaw Council has annually agreea. to carry out the Constitution & By-Laws, rules and regulations of the Boy Scouts of .America and has done its best to provide a good program of activities for the boys of our area. The Council feels it is duty bound to carry out its agreement with the National Council -- failing in this, it should surrender its charter. The Chickasaw Council requests your support in continuing this program of training youth to become men of character trained for participa.tipg citizenship according to the agreement' in the Council's charter from the Bey Scouts of .America. �E., tACElr WILLIAMSON, r. T. : ; ~.JR.. ROBERT L-. tmmt, IR., t t IRAG. ~- ALVAN F. TA'fE, SAMES ~ JR•, t MeDIGBT, t THOMIS J• kGuin, II:t1 t :J, RIOHAru'l WAJ:JtER, t ' 't etmplainants 1 .... O!ttOKASAW COtmCIL, BOY SOOTJ'fS OF ~OJ.., INC., t t t JACK P• GOtDSOBMl:D1 PltV..SI.DM1 OB!C!AS1'lf OOimCIL, . BOY SOOU'lS. OF AimOA, INC 0 .AND w. OORI'JOU .oms, t t s~m, OEICKASJ~W ; COUNOtL, BOY sootrts 01 AMERICA, me. • Def'•~•· DmllA'lXol MQJl ,AIOD WW §Y.ll et Yw haft pl'ObablT .._ 1n the ~pas -~ of' th• Cow.'loU anti som.., tU.194 a law ~it in •"bhod• ot electing Ueu:itHlrs. The• ~tr to~ 1leaben1 who ~ (JG'tJrt• the ~ill.Member•, ~·would p~ Ottiwn bm>lve votblg ~cent h\e ~ soae rttl'lt now ~iat-ect, haft ot \bis suit is \o or the ~·the OGµncil and EM>Quti'fe by~' ~ nombati•1u1 from the tl.0<1r1 el.action b;r written ballot. Cbiekaeaw Counoil was orgw-4 1n MIU'Ch 1916 •. In l.92' oo~e4 uu4er the laq of the State of !Gtm&asee. ~\us iJl.... At 1ih8 Aimual Ooun~ MeeUng held on Decet1ber 11 194? the pnnnt. '*standari Local Countd.l 0.81\u\ion and iT• In. the cba:rt;er ~W quires Ohichnw CG1mcil to 1V" •h• state ther.$ 11 a pr<nisiOJ> which re- OJ$nte 1'l4R iibe Const;itu.t1on and Br-Laws of Seouts ot America. A18() in thiei chan•l' t~ ia toe BoY a provision that vbt..s mq �be cut 1D pa1<>n or by proq. Thflt O<mfltitutl a and B.r•Laws •f both the National 1"al <knmo!l of' ~ the Bq SCouts of Amedes. provide \hat ~cu and the ·tbde eh.all be no ntes by at artT election. Tbenton 1 there 11.t a oont'liet batwa the sta'e charter Md the Oon#\itutiotl and By...taws Ill order to use of' the Boy Boouts ot AlltWioa. t- tlaJH of the Bo7' Scouts ot America and to opera.\e as a l<Xl81 Oouneil it is neoes$417 to follow the Constitutio n & l.r•Laws, rules and regul.at.ions of \he B01 Scouts of America. Sia• its Ol'g&nisation in 1916 Oldcka•aw Council Ms 'been oper1.t.1ng 'tmder the CensUtu:bion & BT-Lawa as approved by the National Council, loy Scouts of America., At varl.ous \imea c~s have been made in the Oon1titutior1 and/or :BT-LA.vr-i of 'both the N{1\1onal Oomoil and the l'h()al Council. WHY P'ROX IF.S SHOULD ltOf BE USED whQ 1.s. Uterened in Scouting should attend the OotmcU., tho of' 11Htblg1 t. A 0$.m-oil l•\ler Mon ohurohes 2., ue. ot pnld.esis 5., ~ prohibit$d 1'1 both tho Nati<md. and toeal battles would destl'OY the co-opera;biotl betfte'll the ~dul'e t.u eleat.ion of O.uneil Memberf.1, Officers, Execu.- tnsti,u.timu t · •Ponsoring Sooutblg and the TM tiYe hard ~ere f'or bas bee followed. !hit Fol" ~ ot ~mbva, Bo~, Of'tioers, :t'e~eented cm the Commit.tee. 'this. 7ee:¥t th& Comitte~. b~ id.ti;~ to 11~ the Presi&.nt of' the to appt:d..n\ a Heinat!ng Com- ~utive !<>&rd Members, N~il11 CommtttH was oo~s&d of the 6 Diatriet ~ amt I OOuneil Menibers. At the Atm-.1 Jusittf.';t'JS after tor th& Namina:&!ng Ooalttee, so \ha\ all Dls\rl.ots would 1- ~rs ot tlM is whc SGrVe them., years it hal bee the cus\om io appoint the 6 District Chd.fttfm u the ~- vol~ra proee~ure with the appftT&l of \he Enou\in t.& nominate Council mittee Ms\1\ubiona sponsoli.ng scout!nt wqt thelr Council Constitu.tiOJt & l\Y'•Lt\;vrs. 4. Ooun~il1 ~d · Inst.1:bu\1onal ~preM'tlt.ative to $)).ak tor the f.ne\itution a:nd do not want b1m \o delegate his altthont1 to tWTone else. ~et1ng: Gf the Council the Nomitlating Comml\uua, dulr e<ma:l.A&red th$ qualiti•atio nfl and avaU.abillt. 7 ~t all: men sub- for the various posit1-11,. makes oti•' slate of nom!riations. ~Business At the Meeting \he Counc:iU Members have.the p:rivile.ge ot accepting or �-~ rejeeUng t>hese lfT nomtn•~ions. the NOmbathg Committee, .For the pan twen\;r•nitle yea.re the ha baas slate, as nombatef! elected and bas seJ"f'ed~ No 1PlPT votes have bee cut at a •eting of \he Council in the past t.,,.tT-nine Tear$ and se tar as Sl'l th1$ ~ lolow there tu.it ~·been a Me cast. by CQunotl. . . NOJ.~IN'AT!ONS f..Jl'E Nor MADE PROM m To hCOld ·a member «:>f \he To :p~ JNm4e~ l3o1' Secuts of America ls a ..-oluntar;r a~on. a speeit1e serviei\l .in ScoutiJJa.a person muat no\ •l111 be qualified fo?t the pl.aOG but, mut also bd1cate 1n the position if h$ a.dt'&ne$ of tm eleo\ion hie willinpets \o accept 18 eleetn. TheJ,'et'n'91 a oarulidate eboul4 aa:ree hi# naae ia placed ill noain.atioo ~a ·FLOOR ~o $~ nto.re at a elQcticm. 1ailf.ng to e.ou:re candidat.ea• w<rtilld "eult. in mcm being .leot-1 who would uo\ s$J"VG, \l'.\US 1earing va.canciea which vwul.d. have t.o 'be filled by another el$Ction or bl" the Exe.eutiw Boari. The .hf' soout Constitution tional Ra:pl"asentatiVf)a to be a majolr!v le 17....tawa l"'equire the mmber f.>f Iturt.1\u- ot \ho Council l\!Ubers. Inatitu\i•al Jopmsentai·t\\1u1 is not fixed .lmd mq ~ ~ The tl'Wlib• ot dq to day a.ocording to tken't11»1Mr of :lnsti\u\tons 11pcmsoring Scoutitlg .. If ~tlons tram the tlctor an pend.tted all Cknmcil '10mhrs,. both !zlstituti<mal Representatives and AOtive CcacU Mmbel's-At-ta:t"ge, would have the priTilege e>t maldng from the floor nordna~icm•• It e. ttllm'be:r of Ootlilcil Mm»bers made r.uDdJla\i<nsa the:r. could ea.sill' be mtm;l' more oadidates tor the position ot Council . .r-At-targe than oould be leguq el~, tor \he reason thfJ1 wottl.4 u:eeed the n•ber ot Inatitutiomil Iie}>ftsel1tatiws. !h.us1 it ud.ght be neeesea?Y to JIOS\~ th• election Ulitll a print.d ballot• OODtaining .alJ. nominee• could be pftTided• At \he 1Ubsequent ela®in it Vlould be 11ec•u1eu,. ·to have ea.eh tlouncil Member t.o 1DSl'k an ixu11rtdwil• YO~• fol' ea<sh of UO or ha'ting n~1, m<>J.'e men after made his sel$otiotl out c.t a list of MY8"1 lnmdred possible tl®tineas. AU 103' S0out total Couneils should haVG Colaeil l't!l:Prttse1ltillg Me~At-L«rge a broad cross Jtee\iml of the commmd.\}"•s Religi<>us, Fd.uoa.\iona.11 �~ss 1 t.abol"• Civic, No:adJ:iati»g Comtnt'tae to~ 1ha.t all of \he eo1lJDl'Uldtyts GDG o~ oomuntv•s \hat the safeguarded. tf' nond»a.tiona from tor I' bas alwqs beon 'hhe jGb of the AgriOUl.•ural in'9nats. b this 001'.lnection an 'be floor an permitted.~ can be no assunmae in~s\a '° be mortJ of the poupe in~ns l~ft ent!re]1' out ot ~he To our knowledge ll>allotui. as euoh1 ~b&se b~ possible Ooun•1l memberflhiP+ Up. until about 1948 a priX\W ball" wa.s presentEtd ~ars.. W0\11"1 w1U be ed~ 1 as it to the CcmeU ~never~, ati in eftry - - somon• would mate. a aot.ion tha' the seerekry cast t,ba bsi-11.ot tor the entire po~ and this motion wa.$ duly eeeo:o&ad a,nd. oa:rriedio ~. For the last ~al 'fhQ'efore, tlO ballots wert.t years • pr!Jrte1! bulote haw been ma.di;) aird.la'blA as the Ohdman of' ts Nomtnat.ing Committee read tbft nam•s ot the people no1dnat•ili tor the vuiou pos!\ion• and has ~..n isonm ~ nn el~ ~ voie. vote. 'this sa\isfao\o;iy to the Council fiembet'S up unt~l ~out m~hod f>f •le"ion tour 1eiar$ ago when Coimcil Bemben .bsiskd on nominating .,.. from the tleol'. The matter wu taken up with nr • Anh• A. Sohuek1 Ohief SOout Executiw ot the tiational Councilt the Soy Seouts of Amer.tea, airl• in Sta:adard :Local Council C<mstitut.ion & IT-Las there is tw provision aad4 for 11om1naticms ·trom the tleor, neither i i \lwre tm'I' rtat~~ that nomina\iona bmm the ~ Aft not pM"ltd..ttte4. limtet'J tCJr \aldq the matteT up wi\h Dr. Sehuek \o get a ruliig from ta nr. Sobuek•s letter of'""• a, 1954 (whioh 8$ t·a reason 'h$ N$.tianal OounoU. re&Q, at. \h-9 Annual ~ting Ul 1954) 'tmere is 'h:is stat.emcmta "!he ~ship et \his C®m1it\~ ia ma.do lmoMl \o th$ ntin Ceuneil ac '\ha\ neo~tions ~"made tor the Jomba1d.ng Con11ni\tfMt£t con.s14•Mi•• Aftar: '*1&1derat1<m of saJ.4 ~eomed.a.Uons \be Nomitla.- Cmnmittn :p'esents a stngle sla~ti; of nom111Atiee tor acticm.of the pre~ the 1ntepi'7 of thi1 sound proo•u1s mo n0l'l8l~Utms ~it.4 'hom the floor." tiJ:lg Council. To U"e A letter, dated Sep'lt. 261 l9i7t giv.tng \he \he Nomitu.itlmg Oomrd.ttee, was n~a\iot1s lm ~ ?laJa$S to all Oouneil Membtnnl. srmti to arq m.ember of ot \he memb$rs ot rua letur the Committee or the Soout l'Gqu~et.a4 Ex&euti"fllt tor arq- elec3i'l'e position, .Thu Council Memb$:rs had tWer i;wo months notice inetead of tma re.qu~ii thtrfiT dq notice. �....$- At \he me$\tngs ol the CkJmm3.t.tee·\hG following nwdbet" Nomine.~ing of nomirlations t'or the vuious Po•ition1 were consideftth Fo~ ~114.rrh ••••·•#!ftillf•• ••·••••••-. .. •••••• S 27 io ............ '* .. .. • • • .. .. • • • Seo·uti Oomm:lafdoner ............... ..... , .. • .. hr T~r ••••••• ., •.•• *"••••••••• •••• ••. .For For 'fiee-~s1dats 5 19 For lational. Oouneil lU!lpnnaktJ.TGs..... for Membot' Exeeutive ~ J(..'UU'14. • • • • • .. • • • • . • .. • this poup the Committee, after oar.M stud.rt s~ 90 the nam&li.l ot the men to be l)ftsented tG> the <lolll.1cil at. \b& AtmW'tl Busihas Meeting. lust before the .bnual Meeting December G1l m, a group ot Council M«ribera a:nd ft>a.r Council )!embers fil(ttd the bill in Oh&lcetr CGUrt t\Sking 'bhd the Couruitil l.m nJoined from denybtg th@ compld.nan1ua ot tu bill ant! others sbiilarl.1' sit•\84 \he right 1o :noud.na.te from the tloor at the AmmaJ. Meetings to 1'0ie ma lsy at the Amlual Vee\1ngJ to m!'!•t.en ballot at the Annual ~i;ing. A hearing ws hfi)ld 1n Ohancer,r Oottrt No. 2 and the Chancellor that the Court would not h~sitat~ to enJoin the Ceimeil fl.cor were not peS!'!td.tHd @d a ml'it.ten 'ballo\ oouirntm<ll.rtg vo\~ ~cutive ·~ ~. Coun~U Pru:ii~s will not be All ct tim eompld.nan\ a and boi;h Members, Otfloers, ~:rtsd.tted. ot \he a\\Qtnqs tor the ebpld.n- &nti• U'e 1 or have befm, Officers• CounoU Members and Uembel"s All of \hese :men w.re elected b the ~17'inc :lnjweticm Mem\)ars f()r 19$8 nominations ft-om tho tl.oor will '" permitted and a Written ballot wUl be used. ttow rul~ :if nominations from the The t'.knu'tt denie4 a Hfltnee, at the elefltitm ot 'tw proq.. p~ee pa~t U$ing ot \he ~eutive &ard. th19 same procedure which they are to change tb:rough lhe courts. Both Gt ihe ai;torneya tor the eompld.nants hav. ot \he Oouneilts Const1:•ut1on &. IT-Laws Comit~.: ~ a$ Oh~ Tb1s la a mie man (lomnd.ttMJ the Committ••a i<•.U•pOrJtd.'biliV' ts to handlA arq matters p.enaining t.o ·tbie Con- trt1tu\1tm &~-La.ws and to ot 1men attomq• tor o»e yea, it ts se~ ~commend obmg•s that migh~ "9 &3e!rabl1J. Ae one tor thre" tea.rs as Obail'man and the oi.\l'mr assumed tha'\ ~ know as Ar\1cle IX of' the Conat.itutions how \o ~v14ea1 ~d ~tttomey th$ Constitutio n & aennd »;r-~ws, �WJ.'bis Constitldion .mq be amended at a regular~ called meeting of \he Council., provided that a copy ot trhe proposed amendment or SJl$ndments aecompanies the eall ftr the Council •etifll, ~ntl provided. tutthe:r, tmai such pl'Opoaed amendment or am&ndments, shall haw had. prioxth~t• the conaideration of th$ bacmtive Boa.rd ot th4t1 Council at a du]1' oal.194 meeting. All proposed amendments aball be submitted to th~ National Council f'or approval before becoming eff'entift looal.J;r.U or the Article IX BJr..;tawa prc>Vibf!H These Br-Lawe mtV be Ul\mded at aw 211eeting or the Executive Bo~ tt;;x>n the .neoimnen®t:S.011 of thG sub-~ommlt\ee of \he ExeoutiYQ BotU'd or when th11 JJr'Oposed amendlffJllt has.been l!Nbmitted to. the miitmbers of the Exewtive Boarn1 bl writing, s.t least t1~n dtqt 1n advance of the ~ting. 01l' sueb uendmttt'li mq .be mad$ tv aotioJJ ot thG 0¢>llll$il reeommendation ot the Executive Board, when such bendmi'{!nt has btMl1 d.ull' cttiisidere4 and pr~eented lq the Coamd:bte• ott Propam and Besolutions. All proposed s.me~ shall be S'Ubmitt&d 'bo the ~n Na\ional Council for appHYal before beeomtng effective locally,.• All oft.he compldnants Board and seftll ot them a.re or aN or ha'V'e been Jlember:s of the B'acut:iw haft bee. ott1oers of the Ooun•il. It is «Uletmmd; thentore, that tb8f know the procedure to !imtfmd. the Constitution al'ld D'J'-Llllws t~ a uormal. Scouting u\hcds and wi\houi uvbg to ~nt got~ the courts to eecnl'i\!I No amendments. ban M&n proposed by' th@ complainatlts. or amendhnta. When an ailult. <tesiNS to be<tome atfiliat&d with tbt.& Amerioa he mus\ make a.mt sip G s;pplieatiom. Boy &:outs or A part of \his a.pplicudtton ~ads u tollesa nt agree, if a l"Sgistration oe?titics;\e is ~ted>. t.o b$ gu:i®d the Ck:ms\i:t.•Uon and iy•Law1 of both thA lfational Oounoil and local e<>uneUs azld sueh Jitlles ad regulations as JU1' be promulgated by lo a~ul.t them.• can J>acome a memba o:t the BOT SCou\ti of Anterioa without signing the application cont.a.inbg th11 t'il&d hr suit in Clum~ tution &BT-Laws ~mel'!t. Dtsngarti?ll this, ~emtant Court without having Wd at.tempted to thro-ugh the ~d the OOJIJPlainants the Oonst:t- nenial proeeture. Cbic'kaaaw Council•' Constitution & BT-Law$ and iiH! election prooGdure is \taaioaUT the sue u Ub-ed in the 543 tocU Councils in the l.bited sta.tee 41; All loce.1 councils pe\ agree to be g'Uided by the Oottstitu\iott & By-Laws; rules and ngula\ions as promul.Cated by the National Council; otherwise th~ National C»'Qtloil will not issue a cha.r\er. �AMNIS!lUTION In 1948 the Council divided itself into P1etriets This mOh tor 4ecetra.Us aticm was made with \he full support tmd pUJfpofhl)s., recome»ds:M.OJ\s and admi:nietratiw tol~ ot the National Co\tacil ed following \he example ot buainees op11r'a.1ti<ms thr<>•hcut the oounfu7. suecee:u~M Sil'loe '\he diT.lJSiOD of the Council uto Districts there has b$mt a. $tea(J.r powth and ~wment of .n:rviee to eponsoriilg itla'U:tution s, Dlstric\ pl&ri of opera\!on ea.ch District elects its own 6 opera\ing ••ittfieS are l~adership ~preaent.d en the and 6ach Dtstrictts \he OouneU•s Operating 1.v. the D1str1et Opera1dn.g Oommitt..,. Ohtd?'mUl. Each !B}>l"•stm\a\tft ta a Uildor l1k$ name and p~on as the Oc.runcil•s 6 Operating ot Conm.tteea. Each District l!Uld DiTirdon is Conmd.ttects othtW Ooun<tila JDstit~ionsl Op<tra\tng lleliber of one ot the Dis\riet•s/O ommi\teea and is a. votbg member ot the D:Lnrlo\ CCmmit~. D1etri® Clud.rman, Vie....o~, The ntstrio\ Oommlttee ls compoMd of the D1stnct Coani8sion•r. Celatoil Membel'fS rest~ Il'latitution al R~sentativee. bl \be Diet.r!et and JM.strict Members-At-Large,/ 'l'h• ))istrict Committe$ aeeta mont,hl.1' to s.upetti• ~~ o~g ou.\ of the Scout. p~ 1n i\s te:r.ritol7• Thel:le $1annels of' admi:nis\rat ion are two-wq nnets with fm ~sy· tltw of suggestions tar program iap.Hftments from ins\itution s \o the Oou:neilia Openting Oommitt!Ms thl"ough the District Operating Commi\tee Cbd.,l"a\ert. I~ are d1eous$84 'by l"GP"Sen\a tive• from all Distric\• Md D1Yisiooe and then :recommen~ \heo1""' 'b1 to thG EK•eutive lloa:r4 tG:r approval.. !bis procedure is mutm mon \ban ~ month idea.a are 'brought to \l'.\$ :n'IP"~\a.\ives ct Betent ~ou Council ~ting Cotm.nittns the wr10Wl D:l.1.1trletua md Di:risions. e~e in peliq i;bat ao.se Ui tlm Districts ares ~st to ha'fe eup. CVrier operaife as a Stlmlte1' Calftp which came to th~ Cttuncil u a neommen:iaticm from tho So\ltllnst District. As a nsult1 Camp Currl.N" 1. The w1ll operate :next fJ~r as a a~ OtUllP for ~ weeks. 2. the "!ra!:aiug Before Oommissi<ming PlaD 9 eame to the QouncU Training Ckmmdt.tH bfe \he1 So--e.st. District !». 195& - was l'&<l~ded to \be E.HettUve Soard .... and -.a not app"°'ed• The Plan ns qai:n sugg•sted. through the Scn.muast Dis~rict. ta 1966; it Wtitl agd.i'I recollllnenru..4 \Q" th<t Exeeutin Boa.:rd and was approved, and beciae Oout1cil poliaf effoctive San,,, 1; 1957. �St1111Der Th& suuearttion 'hat \u INIP f09 for Council •peratd./eupe be bereas~d Vld. re~•d '1' \he Norihwes\ D.tnrl.c$ O.mit,tee a1d has been oonsidued by th@ Cotmcil Omrping & A.dt;d..tie• Oolnm1ttee. The ~:ng & .At\1vi\ie$ Colllmittee ~.ppointri. a speeial oommtt~ ton• the suggest.ton, AtJer this special eomd.M~eEt l°e:P()~s ~ c~ & Ac\i~ti•6' Comm!\~ will t~ action and will submit U•• finding$ to ~ ~cu.ti.Ye ~ tor fhutl action. S. ~ro", wbieh haf! jut been completed, wru'I an idtlta growing out "t~tibne fro• the lorthaaat District apd reeom&nde.d by Ooimeil Orcsttt1atit.m & ~don aomt•tee and a.pp~ bl' the Exaoufd.ve :BoU'ld on &lpt. 9th. 4. Ta. •Ro•d .Up tu ot For 417~ mdAkasaw Counoil bas !lmnuall.T ~.n to~ o,. the Oonllridt.uUOJJ & l\r•Ls.we, rulea and l'eguhtions of the BOT SMuts of, .t\.merica and bas dktne i\s bt)st to pro'f'id.e a good pJ'Olram of a•i'Vities tor the l:>O)"s of om." The Co~d.l tels Courioil - it ie 4utT bound to tdlbg in \b!.a, it $110\lli ~ ot$ it• ~tier ~~nt ~a.. with ibe National iis charter. fJae Qld.okan.w Co•oU nqes's your 1n1ppert; in conti»utng this i'~ &t traS~ng 70\11h to "acome men. of Ba:raoter tnined 4ti11mship a.ecor41ttg k \be ~· 1a the Council•$ tor ~t1td.. pati'fg ~e:r tram \be Bar ,. �-2- be ca.et in person or b7 prtJ'$3"., The Constitution and By-Laws of both the National Council and the Local Council of the Boy SCGuts ot Amerioa prov1.de that there shall be no votes by proxy at aDY' election. Therefore, there is a conflict between the state charter and the ·Oons\it;ut!on ·and By-Laws of' the Boy Scouts of .America. In·order to a.s a local Counoil it is use the name of the Boy Scouts of .America and to operate necess~ry to f'ollow the Constitution & By-Laws, :rules and regulations ot the Boy. Scouts ot America. Since its organization in 1916 Chickasaw Council has been operating under the Oons'litutU>n & By-Laws as a:pprovtd by the National Oouncil, Bo.r Scouts ot America. At various times change·s have been made in the Constitution and/or By-Laws of both· the Nf\t1onal Oouncil· and the Local Council. WHY PROX IES SHOULD NOT BE USED t. A Council Member who is int'Grested in Sooutirig should attend the meetings of' the Council. 2. Most churches and listitutions sponsoring Scouting wtilat their Insti:~:ational tmpnsttntative to. :speak. -tor the in~t~ution· and do not want him to delegate his a.uth¢rlty to Sl\Vone else.• 5. Use of proxies is prohibited.by both the National and Local Council Constitution & B3"-taws. 4. ProJCT ~a.t tles would destroy the eo~operat.1on between t4e institutions sponsoring Scouting and the voltmteers who serve them. ;! The procedure for the election. ot Council '.Members, Officers, E'xecuti"te Boa.rd Members has been followed.: 'rbis procedure is for the Presidet}t of the Council, with, the approval of' the Executive Board, to appoint a Nominat,ing ·Committee to nominate Council Mepiber.s, Officers, Executive' Board Members. For several years it has been the custom to appo~t the G District Chairmen as Members of the Nominating Oomittee, so that all Districts would be represented on the Committee. This Tee:JJ the Nominating Committee .was composed of' the Chrlrman of the Committef:J, the 6' District Chairman and 5 Council Member$. At the Annual Business Meeting of the .Council the Nominating Committee, after h$.Ving dttly considered the qualifications 'artd availability of all men sub- mitted to it for the various positions, make.s one slate (;)f nominations. At the AnnUal Business Meeting the Council Members have the privilege of accepting or �-3rej~cting b1' the these nominations. Nominating For the past twenty-nine 7ears the slate, as nominated Co.mmittee, has been elected and has served. No pro2;,V' votes have been ca.st at a meeting of the Council in the pash twenty-nine years and. so far as we know there has neYer been a vote east by pro"Y in this Council. WHY NOMINATIONS I.RE NO'!' MADE FROM THE FLOOR To become a member of the Bo7 Soouts of .America is a voluntary action. To render a specific service in Seoul;ing a person mu.st not onJ.T be qualified for the place but must also indicate in &d'Vallce o:f' an election his willingness to accept the position if he is elected.. Thel"efere, a candidate should agree to serve before his name is placed in nomination at an election. Failing to secure candidates t agreements would result, in men being elected who would not serve, thus leartng vacancies which would have to be filled by another election or by the Executive Board. '!be Boy· Seout Constitution & BT•Laws req'llire the n'Ullber of Institu- or the Council Members. ti,xe4 and mar- Te.rt from dq tional Representatives to be a majority Institutional Representaives is not The number ot to dq according to the number ot institutions sponsoring Scouting. It nomine.\ions from the floor a.re permitted all Council Members, boih Institutional. Representatins and Active Council Members-At-Large- would have the privilege of ma.king nominations. If a number of Council Members macie nomil'la.t:l.ons from the floor "here collld ea$ily be many more Qandida.tes for the position of Coimeil Member•At-Large than could be lega.llT elected; for the reason they would exceed the number of Institutional Representatives. Thus, it might be necessary to :postpone t.he eleetion until a printed ballot; containing all nominees names, could be provided. At the subsequent election it would be necessary to have each Oo1tt1cil Member to mark a.n individual vote for each of 150 or more men after ba:rl.ng made his selection o~ ot a list of S$Veral hundred possible nominee·s. All Boy Scout Loea.l Councils should have Council Members.At-Large representing a bl'oad cross section of the oolililI'llllity•s Religious, Educational, �-4- Labor, Civic , Busi ness, .Agri cultu ral inter ests. It has alwq s been the job of the 1n this connection are Nominating Committee to see that the communi1;y•s inter ests can be no assur ance sateguarded. It' nominations from the floor are permitted there ed, as it would be poss ible that all of the colllJIU1lity•s inter ests will be sa.fegua.rii membership. or more o.t the groups to be left entire~ out ot the Coun cil for one unti l a.bC>llt 1948 a :prat ed ballo t was presented to the Council r used, as in every Members. 'fo our knowledge these ballo ts, as such, were neve east the ballo t for the entir e case someone would make a motio n tha:t the secretal"Y Up group and this motion was duly 1t1a.rked. seeond~d and carri ed.. Theref'<:>re, no ballo ts were made avail able as For the last se1"eral. year s no print ed ballo ts have been the people nominated for the Cha!rma.n ot the Nominating Committee read the names of . This method of elect ion the vario us posit ions and they were eleet ed by voice vote. l about tour y$ars ago when bas been sa.tis factory to t.he Oounell Members up unti noor .. The matt er was some Council Members insis ted on nominating men from the ot the Natio nal Coun cil, taken up with Dr. Arthu r A. Schuck, Ohie t Scout Exec utive the stand ard Local Council Constitution & By-Laws neith er is there l!J:'f9' there is no prOVision ma.de for nomina.tiol'ls f'rom the floor , Boy Scou ts of America, since in ,.. '·'· "' :11. itted . Hence the reaso n state ment that nomi natio ns from the floor are not perm g from the Natio nal Coun~il. for taldn g the matt er up with Dr. Schuck to get a ru:U.n !n Dr. Schuclt•s lette r of' Nat. s, 1954 (which was read a.t the .Annual Meeting' in 1954) there is this statemexrb: the entir e Council "!he membership of this Com ittee is made known to Jating Coi;nmittee•s so that reoommend.ations may be made tor the NOJllUmendations the Nominacons idera tion. Afte r cons idera tion of said recom ns for actio n of the ting Committee prese nts a singl e slate of nominatioproce ss ·no nominations Coun cil. To prese rve the integ ri\y of \his sound are perm itted from thfl t'loo r.n :members ot A lette r, dated Sept. 26• 1957, givin g the names of the ers. This lette r reque sted the Nominating Committee, was sent to aJ..l Council Memb the Scout Exec utive , for nG!llina.tions be sent to any member of' the Committee, or over two months notic e inste ad of a:ny- electi"'\M posi tion. Thus Coun cil Members had the requ ired thtn y da;y notic e. �A~ the mea~ings of the Nominatizlg Committee the following number of no.m:Lnations tor the Tarious positions For For .For For were considere di President •······~·················•• Vice-Pres idents ••••••••••••····~···· Scout COmmissiot:ler •••••• ~ • • • • • • • • • • • • Treasurer ........... ........... .... ~ • • • . • For National Council Represen tatiTes... •• For Member Executive Board.. ........... .. 8 27 10 S 19 90 From this group the Committee, after careful atudT, selected the namee of the men to be presented to the Co'UI,lcil at th~ .Annual Business Meeting, ,tust before the Annua.1 Meeting o:o December 9th, a group of Council Members and former Council liembers tiled the bill in Oha.ncer.Y Court asking that the Council be enjoined from denyitig the complainants of the bill tUid others sirdla.rJ.7 situated the right to nominate b-om the floor at the Annual Meeting; to vote proxies at the .Annttal MeetingJ to vote by written ballot at the Annual Meeting. A hearing was held in Chancery Court No. 2 and the Ch~cellor ruled that the Cou.:rb would not hesitate to en3oin the Council if' nond.ntd;ions from the floor were not pe:nnitted and a written 'ballot used. The Oourir,denied an in;Junetion commanding vating by pro:iq-. Hence, at the electiO"n Gf Council lembe:ts, Officers, Executive Board Members tor 1958 nominations from the floor will be permitted and a written ballot will be used. Proxies will not be pel'Jl'litt~d. All ef the complainants end both of the attomey-s for the compld.n- a:rl\a are, or ha'9'e ~. Officers, Council Members and Kel1lbers ot the All ot i;hese men were el•eted 1n the p~ ~g ~outive :Board. the same procedure which they are now trying to Oh&.llge tbrQugh the oourtf.'1• Both ot the attorneys tor the c;omplainarits han served as Obairma.t1 of' the Oouneilts Oonstitut ion &. B.v"-Laws Oommittee. Tb.is is a one man CQmmi\tee; the Committee• s responsi bility is to handle 8.IIY' matters pertainin g to the Constitution & By-Laws and to recommend changes that might seem d&$irable . !a one of these attor.neys served for three ,-ears as Chairman and the other attomey-·sa1"'9'1*d. for one yeQ'' it is assumed that they know how to amend the Constitut ion as .Article !X of the Cons,itut ions provides: & By-Lawe, �"This Constitutio n may be amended at a :regularly called meeting of the Council, provided that a copy of the proposed amendment or amendments accompanies the call tor the Council meeting, and prorlded further, that such proposed amendment or amendments, shall have had prior thereto the eonaidera.ti on or the Executive Board of the Council at a duly called mnti.ng. ID proposed amendments shall be submitted to the National Council for approval before becoming effective locally •.. n Article IX of' the By-Laws provides: 'l'hese BT-Laws may be amended at an,y meeting of the Executive Boa.rd upon the recommendation of the sub-committee of the ilxeou.tive Board or when the proposed a.JDf.mdment has been submitted to. the members of the Executive :Board, in writing, at least fifteen days in advance of the meeting. Or such amendmen\ may be made by action ot the council upOn recommendation of the ~cutive Board, when such a.mendznent has been duly considered and presented by the Committee on Program and Resolutions. All proposed.amendments shall be stlbnll~ted to the National Council tor approval before becoming at'f.'ectiv.e locally." All of the complainant s are or have been Mem'bel"l! of the Executive Bo~d and seven of them are or ha.Ve °beell officers of' the &,uneU. It is assumed, therefore, tha'b thq know the procedure to amend the Constitutio n and By-Laws 'hrougb normal Scouting methods and without haVing to go to the co'lll"t• to secure an amendment or amendments. No amendments haft been prop&sed b.r the complainan ts. When an adult desires to become affiliated with the li3oy Scouts of America he JmlSt make and sip an application . A pa.rt of this application reads as toUews• "I apoee, if a l'egistratio n certificate is granted, to be guided by the Gons.t.111\tticn and BT-Laws ot' both the ·National Council and l<:>cal council.a a.nil sueh rules and regulations as mq be promulgated. by them." No adult·. can b&come a. member of the Boy Scouts of America without signing the application containing this agreement. Disregardi?Jg this agreement the complainant s filed sul.;1; in Chancery Court without having even attempted to amtind the Consti.• tu.tio:n &By-Laws through the normal proeedure. Chickasaw Cotmcil • s Oonstituti<>:n & By-Laws and its election procedure is basieally the same as used in the 545 Local Councils in th~ United ·states. All local councils JJ1U$.t agree to be guided by the OonstttutioI1 & '.By....taws, th~ rules and regulations as promulgated by the National Council; otherwise National Council will not issue a chartert! �In 1948 the Council divided itself into Distriets for administr ative purposes~ This mon tor decentra. lisa.tion was made with the full support and recommendations or the Nation.al Council and f'ollowing the example of other Councils and suecesstu l 'J:)usiness operations throughou t the oountr,r. Since ~h$ division ot the Council i.frho Districts there ha.a been a stead;' growth and improvement ot semee to sponsorin g institutio ns. Utlder the Distriot pl.a3:1 of operation eaoh Distd.ct elects its own leadershi p and eaeh District ts S opera.ting committfies are of like name and purpose as the Couneil•s·e Op-rating Comnd.ttees, Each District and DiVision is %'$presented on the Council's Operating Committees by the Diatrict Operating Committee Ohail!"lnan. Represen1;~t1ve Ea® '.tllstit-®i onal Opera,mg · is a member of one of the D1str1ct•s/OO:mmittees and is member of the Distl'ict Commit tee" The District Committee :ls ee>~eed a. voting of the District Chairman 1 Vice-Chairmen, District Oommiesioner, Ommo.U Members residing Institnx\li onal RepreJ:ten tatives. · in the District alld District Members.At-~e,/ the District Oomm1ttee meets monthl.T to supervise the carrying out ot the Scout program in ite "t>erritory• These channela of administratio:ei are two-wsy streets with an ee.q flow of suggestio ns tor pragram imprG'ftments from institutio ns to the Councilla Operating Committees through the District Operating Committee Chairmen. Ideas a.re discussed 'b1' repJ:esentatives from all Districts anii Divisions and then recommended to the Executive Eoard tor approYal.. theory. This procedure is much more thaJJ EV'e17 :month ideas a.re brought to the various Council Opera.ting Committees bT represent atives ot the various Dis·triots and Divisions . Recerrli changes in policy that arose in the Districts are: l. The re~st to have Camp Currier operate as a summer camp which crune to the Oo/llllcil as a recommendation from the Southwest District. As a result, Camp Currier will operat• next summer as a. summer camp tor three weeks. 2. The ttfraining Before Commissioning Plan" came to the Council Training Committee from '\be; Southeast District in 1955 - was recommended to the Executive Board and was not a.pprowd. The Plan was again suggested through the Southeast Di.strict in 1956; it was again recommended tq the Executive Board and was approved, and became Council policy effective Jan~ 1, 1957. �summer that,the camp tee for Councilopera.ted/e~e,be:~¢,.,asei wa~ ,reeo. .~nded.;by·\he ·Noi"blilwes1' Distrl.ct. Committee., and h~s' b~en consicifl!ped bt»~he Council Canip~ &. AQttY1t4.e• Oommitt&e., The Oamping & ACt:lviti~s Comµi1tlt~e appointed .a ~~eiai: ce~n1d:tt•" t~ stit'l4y :the suggestion .; Aft:er this specia1 a.0111llitt~e. :reports the ·0$11pfn{f & .A~t.'iy~ tiel:s' Conun:!t tee .will take action· and >'·wf.11 sUlmd.t ;'its.· findings 'to the . EDQ:uttve lk>IUl!d ~or .final act.ion. · · · a. 'r~:$11gg-ee'h19n 4.• The of VP ·~unu Orga:ni:U.'tiQt.\ ~ • - ~ram", which has Just, been. compl:-et~, was .an idea growi,ng out 'bbe Northeast Disttj.ct and ~conmililJided by . the .C9un.ci'l 'Exf:;ension Cemmit t&$ and; approved' w· the" Ex&euMte Beatd ,on ,Sept. 9th. retJQ.~ndatione tro~ ............. • -; ..... - - -. - - - - - ... - - - ""!"' - ~ - . - - - - - - - ""'"'!' - - . - - I - -. - - ... ,--- .... For ·41.years Chickasaw Coune:il has antrual~ agreed t9 ~·.out the Oon:ni,tuti.on & Av~Laws, rµles a:pd. regulation s. of, tne !Boy ScoUt.s of .Am,~rica. and has done i'.bs b~st .·to provide. a good program ·ot e.at!viti& s .ro:r "&lle 'boy~ of onr area. The Oo.unai1 feels it is duty bound to oart7 out its ~pt· 1d.itl \he, National OoUrieU - f'~g .in :thi•s, . it shoUld. surrender lt1J chaz1e,r. . :· . : .' ·. 'l'he Ohicka.s,aw Council ·reque$'bs ;v:6ur s\J,ppp~. in eontilll.rling this ' ·.r·' . ' citiz~nship ao~o~ to the ~~emen't in tile ~!\lJll"il''s char'ter. fro~i:·t:b.e Bqv Scouts of.' AmerlQa• . - �LAW 0FFIOES CLIFFORD D. PIERCE PIERCE, RICE & TALI}>.FERRO GEORGE L. RICE 1 .JR. J. LEWIS TALIAFERRO SUITE 701 EDWAY BUILDING WM. K. WEST, JFL BOB G. STEWARD MEMPHIS 3, TENNESSEE February 11, 1958 Mr. Gordon Morris Chickasaw Council Boy Scouts of America M & M Building Memphis, Tennessee Dear Mr. Morris: This refers to your telephone call regarding fees for professional service in connection with the recent litigation involving the Council. As indicated to y6u, I have discussed this matter with Mr. West and we actually did not even allocate the expenses involved in this fileo I appreciate very much Mr. GoldsQhmid making inquiry in regard to our services, but neither Mr. West nor I have at any time expected to make any charge for this service. As you know, both of us are interested in the boys' work, and of course citizenship and servic¢:;:.in most all capacities. We would like for your office and Mr. Goldschmid to realize that while it did represent a considerable amount of time and effort, that we would like to have this considered as an additional effort to support the fine things for which the Boy Scouts of America stands. As indicated to you over the telephone, we had much difficulty in view of the corporate law involved and I feel that we did about as well as could have been done under the circumstances, and since apparently the complainants' attorneys apparently could not possibly keep from bringing about the litigation, we are glad tci have had a part in helping to bring it to its present conclusion. Assuring you of our good faith and continued interest, in which Mr. West joins me completely, I am Very sincerely yours, ALIAFERRO CDP:jp cc: Mr. jack Goldschmid � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Chickasaw Council Executive Board Creator An entity primarily responsible for making the resource Chickasaw Council, BSA Description An account of the resource Contains Reports of Committees, Annual Reports, Recharters, and Minutes Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document M£:MPHIS PRESS-SCL\IITAR, 'Tue11day, December 10, 1957 Scout Leaders' Dispute Goes ·to Court l Eight adult members of Chicka- tion committee is to nominate America should re v o k e the Kamp Kia Kima program direcsaw Council of Boy Scouts filed only one slate. scouter registration of said so- tor for three years now at F>Uii in Chancery Court against Goldschmid named the nomi- licitor" prior to the meeting Princeton University. ' the Council, its president and nating committee, which had scheduled for last night. Present a certificate of appresecretary, chargi~g they ~id not nominated him for re-election for R Cf t Mad ciatiOn to David Olive, 12-yearpermit democratic election of 1958. The election rules say if e ues • old son of Mr. and Mrs. Michael officers. all the slate is not elected, an- The bill asked that Goldschmid Olive, 1120 Mullins Station Road, The bill, filed by Charles M. other nominating committee is and the ~ocal council be enjoined for action in saving the life ofJ Crump and S. Shepherd Tate, named by Goldschmid to nomi- fror:i try~ng to revoke the scouter a child from possible death by attorneys charge that Jack P. nate one slate to fill the vacant registration. fire, Nov. 14. Goldschrr{id, president, ana vi. offices. !he council is composed of Listen as commit.tee chairGordon Morris, secretary, con- Goldschmid says nominations 93;,3 Boy .scouts and. 3500 adult ~en summed up their progress trol the elections and that they from the floor are contrary to leaders 11; Memphis, Shelby m 1957 an?. told what they are illegal. national Scout policy, that by- County, ~r1ttenden County, A;k .. planned for ;i8. , The petition asks the court to laws of the local council prohibit an.d Tunica and DeSoto Counties, Dr. Jam.es A. Wax, Temple !sallow proxy voting nominations lproxy voting (even tho proxy Miss. ;af'l Ra_bbi, .~ound up the. meetfrom the floor a~d voting by voting i~ provided for in its char- Council Makes Awards, mg saymg: We are now m sec- wri' tte n b a 11 ot . ten and that· a ballot may be H ears Dr . W ax on·d place,u becauste oft nhe glect of . , . "by voice instead of in writing." science. ,,e mus ca .c up. The cou!1c1l s annu~l meetmg , . • • , Tho elections were not held "In a time of crisis the Boy and election of ~ff1cers was Systematic Campaign last night, the council did: I Scouts can do a great service scheduled f~r last.i:ight. It was The bill charged that Gold- Awar~ the Silver Be~ve~ to A. by building boys into.better men ~ called off w!th a JOmt. s.tatement schmid and his gr.·oup had a c. Lewis, Northwest District; A. for a better America and a j f~om b~th ~ides e'.'plammg .~here "planned and systematic cam- B. Bowman, Southeast District; bettPr world." \\ e.r~ honest differences of paign" to block leaders who op- Dr. James A. Wallace, North- -- opm1on. pose them from being named to east District; W. B. Fordyce, I Hearing Set Monday the executive board and other Crittenden District. I Ch ll F t ., positions of leadership in the Award the Order of The Arance or razer se " p,m. oun il row to Lofton Heltner Troop 43 Monday to hear the f'ase. lc c · s t . H d 'M G b Th ose w h o b roug ht th e sm' t The bill charge·d that at the cou mast.e r, owar .. ru e, . E L w·n· F T 1955 and 1956 annual meetjngs o.f the Chickasaw Council exec_u- ~~e . ·J a~ b 1 t ~mt· · ·J · 'the complainants were refused hvP board; W. Gordon Morns, I a~er C rid. ~ ~r AJ • n;m T ~" the right to make nominations Chickasaw Council Scout execu/ a J" ,o ~~m~i K.. v~f Th a e from the floor, offer proxy votes tive; and announce the aw.ar~ at Tr.,,.IaGme.s ~ I.II c. nd1gJ 'R' o,mads or have the vote token by writ- a future date to Roy R1dd1ck, . . "' c mre an . 1c 1ar Walker. ten ballot. Election ot officers will pt;ob- The bill further charged that ahly be held in January, the when one of the attorneys who joint statement said. filed the hill called Goldschmid The bill said the Boy Srout and told him it would be filed in Program was to "promote char- c our t yesterday, Goldschmid acter development, citizenship "stated that he was not making training, physif'al fitness and. this a threat, but the thought had Americanization: that thP con- occurred to him as to what would duct o! said elections" as has be the effect if the National 1 . been in the pas.t are "in viola- 1 council of the Boy Scouts of tion of fundamental democratic 1 __ principles." r The Charge I The petition said such elections, which are in violation of the ' scout council's own state rharter, will subject Boy Scouts "to an example set by their leadership which is contrary to the principles of democracy 'and citizenship training to which they are entitled." Goldschmid and his group differ on how elections are to be hl"ld. According to election procedures. a copy o! which was filed with the bill, the nominaDecember ?, 195'1 Mr. Jaek P. Goldsehmid 3116 Central Avenue Memphis, Tennessee Dear Jack: The matters discussed at perplexing and doubtless we law::r, the issue. As I promised you resea.rched the questions more the matter of the proxies. Chapter 11, Tit applies to general wo speeif ieally states t za.tion devoted to en Scouting and holding of the Boy Scouts of said Cha:rter and cons Am.eP1ca. 's meetin: re ve'Py her badly eon.fused sterday, I have now d wish to report on ·. nnessee Code Annotated" and Section 11101 (11) y ranted to an organi• orting and :maintaining Bo7 d by the National Council erating under or subject to y-lawa of the Boy Scou.ta of quoted in full: er of conducting elections.- In ach member to be entitled to one el!' in perso.n or by pro.x7, and the ~il.»-"'-vv' determined by a majority or the votes • Due notie• of any election must be given by advertisement 1n a newspaper, personal notice to the members, or a day stated on the minutes of the board one ( l) month preceding the election.• You will note that 1t permits proxy voting and since our original Charter also permits proxy voting I think there oan be no dispute but that the by-laws must give way and you muat permit proxy voting at the annual meeting. Mr·. Jack P. Goldschmid Page 2 You are concerned regarding the notice requirements. In that connection, I would suggest that you proceed as if proper notice had been given and if the queetlon is raised I would make certain before acting that nowhere in the minutes of the Board does it state the date of the annual meeting. I am of' the opi.nion that somewhere 1n those minute the date or the annual meeting is set out and if that be the asel' then I think we can proceed from there since everyone k ws that the election is held at the annual meeting. In short, I think you have no P·vt51'ii:rm~AJ onneetion with notice because first of all the qu-=-e-=-si::'t~:-==-;-- t be raised and secondly you may have g1ven the ot1ee. Rega:t"ding the matter of you no legal authorities to as is my ':'.)ersonal oninion that our and I for one see no harm in tbe zatton prohibiting them. ~T-·~~ mit them, in my opinion tions, I an give ted last night, it """'"""", t floor nominations w or no other organis of America should per- Please bear 1 have never taken sides in the eontrov ur Council. You asked !:or my opinion and I hav eoause I feel very strongly the va1 .. ious oaths I upport the Constitution of the United Sta of onstitution of the State of Tennessee, f the Chickasaw Council of the Boy Seout Tl y way that I can execute my oaths in good o advise you as I have above. Last night I nee that only those sustaining your aetion could be properly executing their oaths. May I point ou l language that sueh inrerenee and position are unten ds the nroxy question. National Boy Scout policy ea he Tennessee law on this question and I would suggest this bus ineas of the oaths be so.ft .... pedaled because inevitably such comnents reflect upon those persons, just as sincere and honest as you, who a.re of my opinion. Assuring you of my continued interest in the Chickasaw Council and with warm personal regards to a fine gentleman in a tough situation, I remain JGB:TG Yours very truly, ~-BLANCHARD LAW OFFICES CLIFFORD D. PIERCE GEORGE L.RICE,JR . .J. LEW JS TALIAFERRO WM. K. WEST, JR. PIERCE, RIOE & TALIAFERRO BOB G. STEWARD December 27, 1957 A.it. HA.ii §1eci1I Doctor Arthur A. Schuck Chief Scout !!«ecutive National Council Boy Scouts of .America New Brunswick. New Jersey Rei Lacey Wi~MMlu. Dear Doctor Sthuckt There f ollews our mixed regard to referenced matter. vs. Chickasaw SUITE 701 EDWAY BUILDING MEMPHIS 3, TENNESSEE It is usually difficult r la .ra to understand the workings of an equit7 court resi over by a. Chancellor, much lesa la~n. Tennessee ia of ur (4) states (I belie•e New Jersey is. another) t~t <&ti separate equity';':eourt, where the Chancellor has broad diacre jurisdiction: where he it, in a manner of speaking ud rut jury and ha• in addition rather broad discreti As you can see the ex. er ot the hearing, entitled "The Opinion of the Court forwarde to 7ou by Mr. Harley Brb,the Chancellor exercised s discr on la our favor: First: by denying the issuance t.l · ctions; Seeond: by denying to rule in favor of owl votea. even thouch he was of the definite opin t at such de al wa.1 coatrarr to Tennesaee Law. However, if do not a uiesee in permitting the right to nominate from the flo and the t to vote by writt•n ballot, by agreeing to a Court O er to thi effect in t. he J!.a. l!!K. futpre1 the. Court will so en.Joi us •. A · of the propoa-ea--order s enc os"'d• Incidentally, co . te transcript of the hearing will be forwarded to you aa as prepared, Which we are advised will be about January 3rd. From the above'.rd.•r 11e cannot appeal. since it ia not a final order; and it we acquiesced, ye would cut off our rig__ht to appeal. To obtain an appeal we ".·. u.ld have to ha.ve another -h~aring, vliek would b~ quickly set, so that the Chancellor could enter a Pag~ 2 - Doctor Schuck December 27, 1957 final order; from which we could app~al. if perfected within thirty (30) days. In order to be suceesstul on appeal we would hav~ to convince an appellate court that th~ Chancellor has erred. We are faced with this situation: the Chancellor,, while a very able lawyer and judge, has had no, or very little_. experience in servic~ or civic organizations. and is unaware (and we were unsucc~ssful in our efforts to educate him) of the wisdom of our election procedur~s; and_ as be $ta.t"d. he can see no harm in allow.lng nominations from the floor, ;l,.ich., on its face, it undemocratic. From this.decision of the Cha.ncellor1 we would have but meager prospects of being succ~ssful on appea ; and, if · unsuccessful! we would have on the hooks adverse appellate opinion. binding on a l courts of the State, while the present litigation is binding only on this Council. We must also consider, and in the final analysis be controlled by 1 the possible a.dverse effect an ap.peal would hav. e on public opinion. The harm, rather tthavoe•, already created by th0 mere filin.g of this •uit is immeasurable, and would, in our opinion, be greatly magnified by further litigation. It is our advice to follow the Chaneellol"'s or.ii~ and allow nominations from the floor in the next election, which most likely will be held in January, prepare printed ballots, leavinf bl. auk spaces far write-in votes. and deny proxy votes. This• n all likelihood, would. pr~s~nt us with another suit, to have such an election declared invalid - and would present to the Chancellor an entirely diff~rent situation, where his discretion would be freatly eurtail~d and where he would have to follow the law, which, n his opinion, is contrary to our position of not allowing proxies. In view of Mr. Crump•s obsession1 . we consider· such a possibility high probable -- unles$ forestal ed. However. if Mr. Crump proceeded along this line., he would indeed i~ahit a very precarious position, both as r~gards the general public and as regards the members of this Council. To forestall such a suit, the following possibility suggests itself: upon~receipt of instructions from the National Council, this Council, by a resolution of its Exe<mtive Board, could surrender its Artielea of Inco.rporation to the State of Tennessee, ~ to the el0eti0n; and thus, would not be controlled by the geiiiri.'I provisions of. ou. r statutory l"w r~lating to general welfare corpora• tions, specif1cally that sect1on pertaining to pro~y votes. Thia. of course. pres~nts other proble.n~. 1 largely mechanic-a.). •. In. oth~lwords, w~ suggest a ch(ltSS game ratner than court battle$~ leading. if logically followed to conclusion, to the situation where all officera 1 Executive Boa.rd members, etc. of this Council would be appointed by the National Council. Page 3 - Doctor Schuck ., .. - . ' As to the long range view, it is our suaeation that· ti.••, .. ·,_ · Stand.ard Local Council Constitution and By-Laws be ohangedl· ..... ·.: ·. ·.', sp~ll.ing ou~ in great detail election procedur"es, and spec tica.llf denyint: nonu.nations from the floor, proxy· votes. etc. To pr.,.tlit · .. criticism, some provision for nominations 1 othfllr than those of the Nomittating Committee, could be made; i.e •. by a petition si1•••· bf• five, ten or any number of current Co. uneil members, to be preaeatecl to tne Nominating Committee ten or more day• prior to an election •. · nominating an individual or in.dividuala for certain position.a . whose names could b~ printed on the ballot as independent no;!neea.· It is most unfortunate that we have but an extremely short time in which to act, and most urgently need your counsel and advice at the earliest possible time. As you can see by our opil1ion, we think it heat to keep this matter local. Pljase accept our very beat wishes for th• Holiday Season and With our sincere ap~reciation tor your splendid cooperation, we remain WKW,Jit: jp enc. ccz Mr. Jack Goldschmid 247 Bodley . Memphis, Tennessee Mr. W. Gorden Morris Chickasaw Council M & M Building . Memphi.s • Tennessee Mr. Harley Erb 1913 Sterick· Building Memphis, Tennessee Very truly yours, PIERCi, RIC~ & TALIAFJ.1Ut0 William K. W~st, Jr. -- I jlV UJORMA!IOlT A!ntlf LAW atl'fl\ wm OB OHIOKA.SAV cotrr..ou .. ts IIVOLVU Ya ha."• tiro'babll' •••• ln the aewtpa-pel's ot reoeat date whve some um:Wa ct the OOUM11 and soae ton• member a, \ltlo a.re not. now re&t. atereel.. hllv• ft let. &. law sul t la Chane.,. OOlU-\. the putpoae ot thla aut.t la to ~· th• ••\bo41 of eleo,ing OottJ:tcil Meawa, Oftlcers. of th• OOunctl Ud Exeou.'1•• 'Boar4 Meabere. IJ.'tuuut ohEuteee woul« l..,. ftl'f'e 'V'OtiDg \'F pl'Ol!V t nomlutl@a frQD \he t).eor t elec\10a lt" wrl tten 'baJ.10\. Qblolcaae;w CO\l:dlil . wa.1 O:Pgani "4 1n Maroh 1916. In 1935 l \ we.1 tnoorpora\e4 under th• lava of th• tta te of fenus•••· At the .A.1'lnWt1 C.\lMll Meetlq held oa i:.cea\eJ" l, 194', the p:reeen\ •cou.ndl Oon1Ut11Uon and BT-Laws• wa.e adOp\ed. In the chart~ ~tit.nted lf' tbe state thel"e 1s a prmatoa w:bicb r•quires Chloka•w couaoil to tp•r~te undtl' t• Coaatltu\ton and l~t-Law1 ot the ,. Scou-ta of America. Al.JO tn th1 a ohar\v there 1• a pro'Ylalon th&\ •otee ilPI' bta eaet lJ' P1"0•· ~· OOnsU\uUo:n and l\Y-Law1 of both the tiat1oul COtnel1 and th• .i.oeal OOtmoil ot th• :Rey scouts ·or Jaeriea provlde that the:re lhall. be no w11ee 1f' pFOJV at _,. $1.ectioa. fberetoni there ls a ooatlict between the state oba:r\er and the a»n1'1 tu•ton .end. )f.. ., Lava of the :ao1 scoute ot AIDer1 ca. v la order to 't1fle the nee ef the lltf' scouta of Aaerl ea and to operate at t. local Couoil 1t le Aeceo~f te tallow the Coaa'1tu.t1en and Jt-Lav•• rules and regul.aUone of th• :eo,. scouts of P..merS.eA. tr'm' the paet twenv-ntne years rJd.t>~aaaw Counctl hae been 0))61'&\iq w:uler the CO.tU tu.ti en and :By-Law• a.e a-ppro.-4 lr' \he lattonal counoll, :iieJ' $c()ut• ot wnr PROX11r'S $HOUL1l lljf lll USD l. A Couaoil Member who 11 t.nt•••kd. in scouUng lheu.l.4 attend \he aeetine;e of the 2. Mott chUJ"Ch•s snd ln1t1 tut1Ct11a apo1u1erlng seem ting want their Ineti tuti~nail Repreeentath·e to speak tor \he 1nst1 tut1on and do not ••' hi• to 4.-el.egate hi.a autbol'i \r to al\fOlle else. 3. Use of pron·~ a le p.rohl bl. ted. by both the la ti enal a.Dti the .Local Oouno1l Oonatl tuts.oa A.a ragu>dt elecUoae for Counc11 Members, O:fft.oera an4 Euoutt.ve JJeard MembeJ>• the procedure as ou.\llnecl \V the Ba\lonal COuncil has been followed.. Tbl• procellu'e 1 s for Pre1ld.•n\ et tht OtUfl011,. With the appf'eval. ct the ExeouUve lJoard, to apPOiai a llOlld.aatln& C...,.ttee to ..S.tu~·•• c.>u.oi1 Member•• Offi aera and *"'1\t.Y& Jcu11r4 Met&w1.. At the Annual 11ldneatt Me~\lll6 of the COtmoU. th• llolllnatlag Colmld. ttM,. atter haYlq dnl.T conaldel"d •u quaU.ftoa\icn.1 alld avallalill ,,. of all me 111lllld. tte4. to l t for the ,..tout pod \tone, aa.ke._ oa• al~te ct nomlaat1•~•·· the Ceuaotl Mnwa ha• the priYllege ot aoceptlztg or reJec\lng ~- •ad.natt.oa1 a!!!Ae lf' the lfoalna.Ung Cttmmlttee., Jor the p1111t Mn\Y·nl• year1 th• elate a.a aoalna\M \f' the lfoalna\lne; Commi\k• bas been elea\84 a\ th• Aimual Ju.1ln.eae · · Meet1a11 .. lo proq ~'-•have been.._., a\ \he Annwd Badness Meeting f.n ~ paa• w.aty.-mae IOMIHAftOlfS ftOM THI n.ooJl !e beeoae a mem• ot th• !o7 so•t• ot Aaert.ca le a ~1un.tu7 aouoa. !o re:nUI" & apHtft.o aemcutt 1n Gcol:ttln& a per•on au.at. not only 'btt tualltiecl tor \he plue bu\ 11u1t alto t.ndloaw ln ad•eno• of an eleotioa bt.1 wllllqu•• to aooept ltie po.ttioa tt he 1• elected. fh(Q'fd_.e a aaucll4ate tbo\114 apee to ••ve before hie uae la plMd·t.a nold.na'1oa at an unutal elects.oa.. NU.ag to aeoure candl4atea a&n••nt• would t-•flul• 111 ••a being e1•cte4 who wouJ.4. no• ...... therefore lu.nag Ya0Meie1 which would ha•• to be ft lled el ther '1r anotilw elecUoa or b;r th• hecutt. ve JJOUd. fh• :807 Sc<>ut OOA.1'1 \uU on and By.Lave req,ut.re the auber of lneW. iuUonal lepr ... eentat1 vea ln the Council to be a aa.J•l tq ot the Oouno11 Kawa. !be nwabd of Xnatt.. tut ioa~ .lepJ"•••'•tl •• t. e not fize4 and mq •art frq dq \o 4q ae.oorting to the a•w ot laatl tutiQ&a •P••*'lDC soou.Ung. If aoatu.u.01u1 troll the tlo&r are pcWld.\wd all Oounell Maawa. both laatitutloul Repl'esentativee u4 Actl•• 00uao11 Meaw ... At-~ge. vot44 have \he pzi:nlep of 1Ukln1 aold.natloa.. lf a aubet ot Q/Juno11 Meabere made aotllnattoae fn• ti. n.oor \bee ooul.4 eaalq be l!llil.JW' m.ol'• oandldatee tor the peal ttoa of 0oUM1l Mea'bera-AWaJ"ge \he.n could be .. legally eloctect. for '11• reaton tlley Would en•d th• awaber of lnetltutioW Reipre1eata'ttve1. !hue. lt .te,h' be ••••"71 to po1tpoe the election until a vnttea ballot td.th all no._ ln•" a-.a. oouli ..,_ mad.e. A\ the eu'baequent elecUon l t VO\lld be no••__,, tor the etu-.11 Members to ca.at iadl vtd.ual vo'-• tor ODuaoil Mnw,..At-Larg;:e tr llAl'klne a ballot con:taln1ng UJ) or more UB a. All :soy ~ou\ Low c»uaeile ebol&14 haft Ooua.ct.1 Meaber..,.At-Lau.•g• l"•eaenUng a 'Woad. •oes aeotltm ct the teJlllllld. \1*• R•lt.poua, ld.uP.tlonel, Labor, e.tTt.c, l:lUsln•••• AcJ.1,oulwral lilt•••••· l• ha1 al.Wf'• l>Hn. tk• Jo'b ot the llrlld.aa,lag COM!tte• k aee that tm o.eml!Wl\lv•a lnteeete la tht• coueotion Al"it 1~4414. tl:SS<l V-~<Q.- lt aod.aattone tr om the tJ.oor are peraS. tte4 ~re on be ao iitl...-4 that all ot 'th• co•...,v•e S.nteree\11 Will. be aat•__.W, •• tt wo\tld be ,oselble tw ••or M1'• of •• PE If.~ to be 'lltlll'1Pely 1•~ out otl C0\18011 ... bershlp. Up uattl about 1949 a ,J.t;.lJ"Jwi',. 'ballot Wat -preonte4 to ti. co ;~ctl Membett'a. to •UP kaewle0 th• baUot1 aa euah were neVd 1lM4 ta that ta •Wl'T caae --•• would •Bk• a manatlo that tbo aeGJ:'eta:rJr cae\ ~ ballot ft# •• eattre f;Poup en,d this mouoa we.a 4ulf aeoortded aa4 paa .. a. fher•f•e, no b&Uo'\a ,,.,.. Ul"k.fl4. !'01"' the ls.it ee'f'eral TM1'8 DO p:rtnte4 ballot• have 'been made a.ftllabl.e aa the f'J.ud.raan Of tbe lfolllatiq OOlmd. U• l"eacl the.., n••• ot tu people DOlll•t•4 tor the '¥al'l&ue petltloaa and th.V were voted. oa 1-r' wice vote. !hie •thod of eleotlon has been 1atl1tac\or,y to \be Co•oU. Mem"r• up nt.11 about three rear• ago vben llDM llft'b4lre of the Otu!'loil lnlletetl oa aom-.tin, •• f'Joom the neor at t1* AtJaual M•tiq. fbt·t aattel'. •aa taken up ~th the ltt~tl{)ital 0tuu1l ea4 nr. Arthur A. Schuck, Qllet saout kaoutt'ff, la 1•,i•r- of Jo,_btl' e, 1914 etaW 1hat ao aolld.n:•UOl\9 e.re pftlJ1d tted trmn the floor. ln the St~d t.ecal ocnm.cll CoiuJtt tutton and 1'f-Law• th•• it ao prOYl.S.oa made for nomlnattoae made tror:a the. n.oo.-, netthtl" l• \he.re apy ttat.,..nt that noalai\01 tlone &om the floor t!U"e no\ pent ttecl. Henttc~, \he re-.eoa tOf' aeking tor ruling fJ'om \be Cblet Sc•t liix..u.ttve ot the ~7 scouta •t J\,tn\lrr1oa. The Local Cotmc11 Ooasiitution and ltr·Law• :prnide1 •bat •he Jbl:eeutlft llo•d ot the Council 11q obaage the l\r•Lh'I after 4ne notice "-> all ot the meabereht.:p aJUl wt th \he .. 4 ... ap~wl ot 'he JfaUonal COUJ';.011. Joy se011tw of Aa•toa. !be coaetl.W.\len of a local Counoil •an 1- .•ang•t." t•• aotlo~ to the .. b..-1 end by the oouaotl 1 ta•lf at l t1 ~ ~ ('.~u~,·. \Me~~"'"-< Annual Meettng.IY ''ftl••• ~· .,.., aleo 'be appl'O•e4. tbe Ratioaal OOUMil bafOl"e ihe7 beOOIHt opera.ti••• Ihle year a noU.ce vu lat 'o allot tb• Qfucll M•bee oa Sapteabd' al, ad\'id.JIC tta of the uaea of Va• lnlaatlne CHlmtttee ead there waa at'6\ebeA to the letter a ,~ ld.-.grapbe4 prcceclve of how the eleoUeaa were ff be contuolff. All of tbts!1n accordance wt.th Ule Local Ctune11 .CoaatltuUoa u.d Br·L&w•. .u a aattw ot taot only '1111"'1' UV• I aoUo• S.s req.uil'H tor th• AMw4 K•eUq ot the Otbll.011• wt ,._ ua'bera were a4:11 .. 4 o•r \we atatha S.n lMlvaaee ot the •"41l'ltl. !he •Olllna.Ung Gomm1tt• ,,,.. •OISJJO•cl ef six dlatrtot ohall'aM •Nt~••·•;Cee•_.,. . .._. ts 'tBO:ie, and three men •~'.•l.aW lv ihe Preeldent aa4 thta Ohal:rmaa ot tlw& e»1a1't••• IUKUt.a a total of ten--. fhl• Coult'8e waa a~oftt by tu '.i!!Xecu'ive Bo~l.J."4 of the CO•noll 'beto:r• \heir M.IM!ta wePe eea\ to '11• ft.eld. Ju.tat 'betor• \he annul Me\iag on Ueee11bel- 9 • a goup ot etucd.1 Meaw• ud fo.nad Coumll Membere ftl•4 the l»lll t.11. OhaJ.\ffl7 covt aatag \hat the aounoll 'be enJo1ae4 troa 4.,.S.ac the 0011plataaat1 of the blll ad &11. other• 11d.lar17 ll tuatet the right \o aomtn.t• fJo«11 the tl.001" at the anmaal ... tln&. io "'•pro~•• at the --.w ••tine aa.4 to wt• lf' wr1 ttlen ~ ballo.t a.\ ~~. _...,_ -llltl• ~~' ,~1\~)11R\a<7*Ulle 0Nu-~tiom~--Ch~ru.-~,b/tlJ~~-~-~-llMhi1 ti04et··ctown. ,All ot the o•llJP].at.aan'• la th• ltt.ll Md aleo 'both ot \h• att.ornqa who tileA tu "111 are 01"' haft been offteera, oounc11 -•• aad ••bere ot ta• beauUve l':~•d• All of tb.e1e •n b.ave been .iee•d in thct past u1la, the AM prooe«ur• which they ue now tJ'Ti&g tt ahanp thr' ... th• eo•ts. 1h• 0011plalru1at1 have made ao .. ._,, lo ehange the t1tlect1oa pro•ulw-e1 through tt. aoral ••@U~ pl"ooe1aea pitoft.d.H la ithe OovacU. Ct'natttutlott. •4 l!V-La-.. Both of the a•••rae71 tu the 0011platnute ar• paat obat.Nan of the QoasU tuttoa aa4 1't"•L4vt Gommi\\ee ot Chlokaaaw Cot.Ulet.1. Thia Coultt•• ls a one man eomt\tee. fbe dn\J of thta •• •~• la to !landle al\V' 1•-1 aatiera connectecl wl th the Couaeil and partloul.arly wt.th the coa1t1nt1.oa and. •-Law• of tile Council and aar charag(?:a ia th••• documf<n\1 that aho-14 'be made. At one ot the COllpltaiMDt• attoruys aenet three yeal"a Md the other ••WJO. one 7ee:t aa the (lhall'ltan ot th• Oo.a1ilft.t1f>rt. and lt'-t•~• Oowdttee ona. we ff1el tha• th4Jy lmow exactly hov to p:roo•ecl to lllrlnc ab•\ o1umge, in the Coaatltf,~Uoa e.ad BJ'·Law•t wbloh are not acceptable to er whtoh vend.a benoft t the eoaetl ta 1 t1 Op8'ation. When an ad.'4 t 4ealre to 'become aff1Ua'84 wt th the lloT sooute of J\l\ertoa he nst _. apd..t.catt.on and he •~11\ dgn a 1tn••nt ot hl • &W'eemeat. !hle agf'eE~MP.t reada la plll"t "I fill!'&•• tr a Ncletitatten eertlfloate le cram\e4• to bet S\d.dM lf' the COaatl\uUoa u4 JF-lia¥1 of both the Jlatirzae.l OOuaot.1 an4 lo<al councila au aueh nl•• aa4 :repl 4loae •• •• be pr•u11at1e4 1r them•. lo peraon cu beoome a. maber of the 117 scoute et Allertca. wl\hoat lloal•t tld.e appllcatloa aad thl. • ao'•ttme•'· Wbea a Loo& Oounoll appUee for ohM"ter te the Ba\loaal t»uncil the Local comat.1 ._.. •• to 'be guiW b.f the CcaU tu.U on e.nd _. .. Lt:,Wfll e.nd. r'QJ.111 and regulatl.oa1 ae premulpte4 by \be latloJlal aoun.cil.. lt tt oaniaet 1•e lt• "'• olear to thla aoeemeat thea the Jf&t1enal Ctuncll vtll not 1ae~ a ·u•ter, Wokaeav couo11•. eleoUea pl"OOectvea •• the ••• 'baeloalJr &a ... -" ... all WFtiY•tWO CO\llOUt f.n lect.on Y and • tu-ae •• 'mow le Ule ea• pro0&dm'• tollowe4 ta the ftve hundred aad. tOJ".,. .. \bffe Qn11udl1 th&\ 111tJJ,ke1 Up 'h• latton.al OO'm1oil* !oT scout1 of SI.nee 1ta oJ"aam.•at:toll la 1116 ChlcJA:aeav COuncll h&.e t.r1e4 to follow \be COll.atl\uUoa ud 1"•lt••t priacd.ple1 aBd pnctlee1 and pollol.61 lald down 'tr the l'ational tl>uut.l, l10t soout1 ot Maerlea to the beat of 1ta ablUv. We feel that we have 4••.~·"·qr. .... •• lat1oaa1. 00..acll wou14 not~·• fflMJve4 Chl1' .uWJJ. ob&l''• o••r tbe1e BJalV' T•al"•• IA 1148, _._. tu very able .1•a4.ereblp of Mr. w. t.. Sharpe who was •ervlng ae o• Jl'•li'-•'• ev OO'Gllol.1 dll'f.4•4 Uaelt iato !llet.tlctt Cbt ac111!nl1tratift purpoaea. fhlt aove •ewar& Po•\.rall1aUon wa1 ud.e wl '11 the full au.PPort and reoommeruia.Uoae cf the lattoaal Ollll&I fllitwlac the exuple of other OOuno:i.11 and 1ufoee1tul buslneea opel'D.tiOl\t tnrm.pod the couat.,. Sil'loe. the dlvieloa of "1• Council into Dl1trlot1. there baa been a stru.ittr growth and improvement of lel"Yio• to ov apoasaof'ing 1nat1 tuUont. Under the Dlett»ict pl- ot operationa each •opapbical ar~ electe4 their own leadership 1n tlle form of a :nl. td~rtc' Cbalr111aa ad a d.Up11oaUon ot '1le oounC'lle organlsatioa he.1 beea effected ta ..,h l4strlot wit.a atx oper~itmg oomml'\••• fuac\iomna to carr, out th• pl'Ogl'• ae determlatd \y the Couaoll tbt"Ovgh lta Opent1a1 commtit .. ., each d1etrlot ud d1Y1elon teing represented a.at in a •a.Jon t.r ~ the Oouacil operating commi tt•••· s·( fi;,~'l.l o.rd• 110 :render better eenloe 'o th4t la1U. tuUoa1 and tlhet.r t1a1 ts, eaeh of 'he .. 6.~'v-:/:m. 8'riote a.ad »btlloae haft N\h•r 4l'tide4 tbema•lve1 lato ereae. la.oh lnst1tut1oial lepreaeatat1ve is a raeabe:r of oae ·of th• op•att.nc eomltteea ot hie dletl'lct Md of oou.r• lf a voUng 11erabe:t of tile 1>1et1'lo\ OoutUee propa. The JJ1etr1e·t OOmd tt•e •••• aoat~ '' eupen11e \be OaJ'l'Tin& out of th8 ·sotrut pro«l"ae la 1te terrl\Ol'T• A Meabel' ot the Couaoll U.Ylng lA the te.nltory ot a. dlstrlot l• al,•O a member o t \he '.Oiat:riot Cowll \tee and 11 enooura e4 to p8*''1alpate ln 'll• work of th• Dl•Viot Oomml•tiee which la \o OarfT ou• tbe pregu ot tb• SOT seou.t a ln 1 ta geograpbteal territory. Oow:aoU ut1YS.Ue1 ad nente ar• dne1ope4 .. the aouno11 Operaunc Committee•• which are tolll!P0&•4 of repre1enta.'1ve1 fl'• tM YU"lOu.• CU.etrlota, ud l11pleM.11W l'f' th4t opes-att.ng ooamt•t ... ot Ute d1•tr1•'• /'-'-"" · ....•. ..._ .... IN THE CHANCEBY COURT OF SHELBY COUNTY, TENNESSEE E. LACEY WILLIAMSON, F. T. THAYER, JR., ROBERT L. IRWIN, JR., IRA G. GOLDSMITH, ALVAN F. T.ATE, JR., JAMES MALONE McKNIGHT, THOTumS J. McGuire, III, J. RICHARD WALKER, Complainant's v. CHICKASAW COUNCIL, BOY SCOUTS OF AMERICA, INC., JACK P. GOLDSCFIMID, PRESIDENT, CHICKASAW COUNCIL, BOY SCOUTS OF fil-11ERICA, nm., AND w. GORDON MORRIS, SECRRrARY, CHICKASAW COUNCIL, BOY SCOUTS OF AMERICA, INC. I:efendants . . : . . : • . . : No. 59896 R. D. INFORMATION ABOUT ABOVE LAW SUIT You have probably seen in the newspapers of recent date where some Members of the Council and some former ~mmbers, who are not now registered, have filed a law suit in Chancer,v Court. The purpose of this suit is to change the methods of electing Council·~embers, Officers of the Council and Executive Board Members. These changes would involve voting by pro::xy, nominations from the floor, election by written ballot. Chickasaw Council was organized in March 1916. In 1925 it was incorporated under the laws of the State of Tennessee. At the Abnual Council Meeting held on December 1, 1947 the present 11 Stand.a.rd Local Council Constitution and By- La.ws 11 were adopted. In the charter granted by the state there is a provision which requires Chickasaw Council to operate under the Constitution and By-Laws of the Boy Scouts of America. Also in this charter there is a provision that votes may -2- be cast in person or by pro:xy. The Constitution and By-Laws of both the National Council and the Local Council of the Boy Scouts of America provide that there shall be no votes by pro:xy at any election. Therefore, there is a conflict between the state charter and the Constitution and By-Laws of the Boy Scouts of America. In order to use the name of the Boy Scouts of .America and to operate as a local Council it is necessary to follow the Constitution & By-Laws, rules and regulations of the Boy Scouts of America. Since its organization in 1916 Chickasaw Council has been operating under the Constitution & By-Laws as approved by the National Council, Boy Scouts of America. At various times changes have been made in the Constitution and/or By-Laws of both the National Council and the Local Council. WHY PROX IES SHOUI.D NOT BE USED 1. A Council Member who is interested in Scouting should attend the meetings of the Council. 2. Most churches and listitutions sponsoring Scouting want their Institutional Representative to speak for the institution and do not want him to delegate his authority to anyone else. 3. Use of proxies is prohibited by both the National and Local Council Constitution & ~J-Laws. 4. ProJ!Y battles would destroy the co-operation between the institutions sponsoring Scouting and the volunteers who serve them. The procedure for the election of Council Members, Officers, Executive Board Members has been followed. This procedure is for the President of the Council, with the approval of the Executive Board, to appoint a Nominating Committee to nominate Council Members, Officers, Executive Board Members. For several years it has been the custom to appoint the 6 District Chairmen as W£mbers of the Nominating Committee, so that all Districts would be represented on the Committee. This year the Nominating Committee was composed of the Chairman of the Committee, the 6 District Chairman and 3 Council Members. At the Annual Business Meeting of the Council the Nominating Committee, a~er having duly considered the qualifications and availability of all men submitted to it for the various positions, makes one slate of nominations. At the Annual Business Meeting the Council 1\ffembers have the privilege of accepting or -5- re j ecting these nominations. For the past twenty-nine years the slate, as nominated by the Nominating Committee, has been elected and has served. No pro:xy votes have been cast at a meeting of the Council in the past twenty-nine years and so far as vre know there has never been a vote cast by pro:xy in this Council. WHY NOMINATIONS ARE NOT MADE FROM THE FLOOR To become a member of the Boy Scouts of America is a voluntary action. To render a specific service in Scouting a person must not only be qualified for the place but must also indicate in advance of an election his willingness to accept the position if he is elected. Therefore, a candidate should agree to serve before his name is placed in nomination at an election. Failing to secure candidates' agreements would result in men being elected who would not serve, thus leaving vacancies which would have to be filled. by another election or by the Executive Board. The Boy Scout Constitution & By-Laws require the number of :rristitutional Representatives to be a majority of the Council Members. The number of Institutional Representaives is not fixed and may vary from day to day according to the nlllllber of institutions sponsoring Scouting. If nominations from the floor are permitted all Council Members, both Institutional Representatives and Active Council Members-At-Large, would have the privilege of making nominations. If a number of Council Members made nominations from the floor there could easily be many more candidates for the position of Council Member-At-Large than could be legally elected, for the reason they would exceed the number of Institutional Representatives. Thus, it might be necessary to postpone the election until a printed ballot, containing all nominees names, could be provided. At the subsequent election it would be necessary to have each Council Member to mark an individual vote for each of 150 or more men after having made his selection out of a list of several hundred possible nominees. All Boy Scout Local Councils should have Council Members-At-Large representing a broad cross section of the community•s Religious, Educational, -4- Labor, Civic, Business, .Agricultural interests. It has always been the job of the Nominating Committee to see that the connnunity•s interests in this connection are safeguarded. If nominations from the floor are :permitted there can be no assurance that all of the community's interests will be safeguarded, as it would be possible for one or more of the groups to be left entirely out of the Council membership. Up until about 1948 a printed ballot was presented to the Council Members. To our knowledge these ballots, as such, were never used, as in every case someone would make a motion that the secretary cast the ballot for the entire group and this motion was duly seconded and carried. Therefore, no ballots were marked. For the last several years no printed ballots have been made available as the Chairman of the Nominating Committee read the names of the people nominated for. the various positions and they were elected by voice vote. This method of election has been satisfactory to the Council 11/Iembers up until about four years ago when some Council Members insisted on nominating men from the floor. The matter was taken up with Dr. Arthur A. Schuck, Chief Scout Executive of the National Council, Boy Scouts of America, since in the Standard Loca.l Council Constitution & By-Laws there is no provision made for nominations from the floor, neither is there any statement that nominations from the floor are not permitted. Hence the reason for talcing the matter up with Dr. Schuck to get a ruling from the National Council. In Dr. Schuck's letter of Nov. 8, 1954 (which was read at the Annual Meeting in 1954) there is this statement: 11The membership of this Committee is made known to the entire Council so that recommendations may be made for the Nominating Committee's consideration. After consideration of said recommendations the Nominating Committee presents a single slate of nominations for action of the Council. To preserve the integrity of this sound process no nomdmations are permitted from the floor. 11 A letter, dated Sept. 26, 1957, giving the names of the members of the Nominating Committee, was sent to all Council Members. This letter requested nominations be sent to atzy" member of the Committee or the Scout Executive, for any elective position. Thus Council Members had over two months notice instead of the required thirty day notice. -5- At the meetings of the Nominating Committee the following number of nominations for the various positions were considered: For President ···~······················· 8 For Vice-Presidents ••••••••••••••••••••• 27 For Scout Commissioner................... 10 Fo·r Treas'tlrer • • • • • • • • • • • .. • • • . • . . . . .. • . . .. . • 5 For National Council Representatives..... 19 For Member Executive Board............... 90 From this group the Committee, after careful study, selected the names of the men to be presented to the Council at the .Annual Business Meeting. Just before the Annual Meeting on December 9th, a group of Council Members and former Council Members filed the bill in Chancery Court asking that the Council be enjoined from denying the complainants of the bill and others similarly situated the right to nominate from the floor at the .Annual Meeting; to vote proxies at the Annual Meeting; to vote by written ballot at the Annual Meeting. A hearing was held in Chancery Court No. 2 and the Chancellor ruled that the Court would not hesitate to enjoin the Council if nominations from the floor were not permitted and a written ballot used. The Court· denied an injunction commanding voting by proJcy". Hence, at the election of Council Members, Officers, Executive Board Members for 1958 nominations from the floor will be permitted and a written ballot will be used. Proxies will not be permitted. All of the complainants and both of the attorneys for the complainants are, or have been, Officers, Council Members and Members of the .Executive Board. All of these men vrere elected in the past using the same procedure which they are now trying to change through the courts. Both of the attorneys for the complainants have served as Chairman of the Colmcil's Constitution & By-Laws Committee. This is a one man Committee; the Committee's responsibility is to handle any matters pertaining to the Constitution & By-Laws and to recommend changes that might seem desirable. As one of these attorneys served for three years as Chairman and the other attorney served for one year, it is assumed that they know how to amend the Constitution & By-Laws, as .Article IX of the Constitutions provides: "This Constitution may be amended at a regularly called meeting of the Councii, provided that a copy of the proposed amendment or amendments accompanies the call for the Council meeting, and provided further, that such proposed amendment or amendments, shall have had prior thereto the consideration of the Executive Board. of the Council at a duly called meetir;g. All proposed amendments shall be submitted to the National Council for approval before becoming effective locally • 11 Article IX of the By-Laws provides: These By-Laws may be amended at ar.\Y meeting of the Executive Board upon the recommendation of the sub-committee of the Executive Board or when the proposed amendment has been submitted to the members of the Executive Board, in writing, at least fifteen days in advance of the meeting. Or such amendment may- be made by action of the Council upon recommendation of the Executive Boartl, when such amendment has been duly considered and presented by the Committee on Program and Resolutions. Ail proposed amendments shall be submitted to the National Council for approval before becoming effective locally." All of the complainants are or have been Members of the Executive Board and seven of them are or have been officers of the Cpuncil. It is assumed, therefore, that they know the procedure to amend the Constitution and By-Laws through normal Scouting methods and without having to go to the courts to secure an amendment or amendments. No amendments have been proposed by the complainants. When an adult desires to become affiliated with the Boy Scouts of .America he must make and sign an application. A pa.rt of this application reads as follows: "I agree, if a registration certificate is granted, to be guided by the Constitution and By-Laws of both the National Council and local councils and such rules and regulations as may be promulgated by them. 11 No adult can become a member of the Boy Scouts of America without signing the application containing this agreement. Disregarding this agreement the complainants filed suit in Chancery Court without having even attempted to a.mend the Constitution & By-Laws through the normal procedure. Chickasaw Council's Constitution & By-Laws and its election procedure is basical~ the same as used in the 545 Local Councils in the United States. All local councils ~ust agree to be guided by the Constitution & By-Laws, rules and regulations as promulgated by the National Comcil; otherwise the National Council will not issue a charter. -7- ADMINISTRATION In 1948 the Council divided itself into Districts for administrative purposes. This move for decentralization was made with the full support and recommendations of the National Cotmcil and following the exa.~ple of other Col.IDcils and successful business operations throughout the country. Since the division of the Cotmcil into Districts there has been a steaey growth and improvement of service to sponsoring institutions. Under the District plan of operation each District elects its own leadership and each District's 6 operating committees are of like name and purpose as the Cotmcil1s 6 Operating Committees. Each District and Division is represented on the Cotmcil's Operating Committees by the District Operating Committee Chairman. Each Institutional Operating Representative is a member of one of the District•s/Committees and is a voting member of the District Committee. The District Committee is composed of the District Chairman, Vice-Chairmen, District Commissioner, Council Members residing Institutional Representatives. in the District and District Members-At-Large,/ The District Committee meets monthly to supervise the carrying out of the Scout program in its territory. These channels of administration are two-way streets with an easy flow of suggestions for program improvements from institutions to the Councilts Operating Committees through the District Operating Committee Chairmen. Ideas are discussed by representatives from all Districts and Divisions and then recommended to the Executive Board for approval. This procedure is much more than theory. Every month ideas are brought to the various Council Operating Committees by representatives of the various Districts and Divisions. Recent changes in policy that arose in the Districts are: 1. The re'luest to have Camp Currier operate as a summer camp which came to the CQuncil as a recommendation from the Southwest District. As a result, Camp Currier will operate next summer as a summer camp for three weeks. 2. The "Training Before Commissioning Plan" came to the Council Training Committee from the; Southeast District in 1955 - was recommended to the Executive Board - and was not approved. The Plan was again suggested through the Southeast District in 1956; it was again recormnended to the Executive Board and was approved, and became Council poliC"J effective Jan. 1, 1957. -8- SUJ.DJller 5. The suggestion that the camp fee for Council operated/camps be increased was recommended by the Northwest District Committee and has been considered by the Council Camping & Activities Committee. The Ca.roping & Activities Committee appointed a special committee to study the suggestion. Af):er this special committee reports the Camping & Activities Committee will take action and will submit its findings to the Executive Boa.J!d for final action. 4. The "Round Up Program", which has just been completed, was an idea growing out of recommendations from the Northeast District and recommended by the Council Organization & Extension Committee and approved by the Executive Board on Sept. 9th. For 41 years Chickasaw Council has annually agreea. to carry out the Constitution & By-Laws, rules and regulations of the Boy Scouts of .America and has done its best to provide a good program of activities for the boys of our area. The Council feels it is duty bound to carry out its agreement with the National Council -- failing in this, it should surrender its charter. The Chickasaw Council requests your support in continuing this program of training youth to become men of character trained for participa.tipg citizenship according to the agreement' in the Council's charter from the Bey Scouts of .America. E., tACElr WILLIAMSON, : r. T. ~.JR.. ; ROBERT L-. tmmt, IR., t IRAG. ~- t ALVAN F. TA'fE, JR•, t SAMES ~ MeDIGBT, t THOMIS J• kGuin, II:t1 t :J, RIOHAru'l WAJ:JtER, t etmplainants 1' .... ' t O!ttOKASAW COtmCIL, BOY t SOOTJ'fS OF ~OJ.., INC., t JACK P • GOtDSOBMl:D1 PltV..SI.DM 1 t OB!C!AS1'lf OOimCIL, . BOY SOOU'lS. t OF AimOA, INC0 .AND w. OORI'JOU t .oms, s~m, OEICKASJ~W ; COUNOtL, BOY sootrts 01 AMERICA, me. • Def'•~•· DmllA'lXol MQJl ,AIOD WW §Y.ll Yw haft pl'ObablT .._ 1n the ~pas et ~cent h\e ~ soae -~ of' th• Cow.'loU anti som.., to~ 1leaben1 who ~ rttl'lt now ~iat-ect, haft tU.194 a law ~it in ~tr (JG'tJrt• the p~ ot \bis suit is \o ~·the •"bhod• ot electing ~ill.Member•, Ottiwn or the OGμncil and EM>Quti'fe ~ Ueu:itHlrs. The• ~·would bm>lve votblg by~' nombati•1u1 from the tl.0<1r1 el.action b;r written ballot. Cbiekaeaw Counoil was orgw-4 1n MIU'Ch 1916 •. In l.92' ~\us iJl.... oo~e4 uu4er the laq of the State of !Gtm&asee. At 1ih8 Aimual Ooun~ MeeUng held on Decet1ber 11 194? the pnnnt. '*standari Local Countd.l 0.81\u\ion and iT• In. the cba:rt;er ~W 1V" •h• state ther.$ 11 a pr<nisiOJ> which requires Ohichnw CG1mcil to OJ$nte 1'l4R iibe Const;itu.t1on and Br-Laws of toe BoY Seouts ot America. A18() in thiei chan•l' t~ ia a provision that vbt..s mq be cut 1D pa1<>n or by proq. Thflt O<mfltitutla and B.r•Laws •f both the National ~cu and the 1"al <knmo!l of' the Bq SCouts of Amedes. provide \hat ·tbde eh.all be no ntes by ~ at artT election. Tbenton1 there 11.t a oont'liet batwa the sta'e charter Md the Oon#\itutiotl and By ... taws of' the Boy Boouts ot AlltWioa. Ill order to use t- tlaJH of the Bo7' Scouts ot America and to opera.\e as a l<Xl81 Oouneil it is neoes$417 to follow the Constitution & l.r•Laws, rules and regul.at.ions of \he B01 Scouts of America. Sia• its Ol'g&nisation in 1916 Oldcka•aw Council Ms 'been oper1.t.1ng 'tmder the CensUtu:bion & BT-Lawa as approved by the National Council, loy Scouts of America., At varl.ous \imea c~s have been made in the Oon1titutior1 and/or :BT-LA.vr-i of 'both the N{1\1onal Oomoil and the l'h()al Council. WHY P'ROX IF.S SHOULD ltOf BE USED t. A 0$.m-oil l•\ler whQ 1.s. Uterened in Scouting should attend the 11Htblg1 of' tho OotmcU., 2., Mon ohurohes ~d Ms\1\ubiona sponsoli.ng scout!nt wqt thelr · Inst.1:bu\1onal ~preM'tlt.ative to $)).ak tor the f.ne\itution a:nd do not want b1m \o delegate his altthont1 to tWTone else. 5., ue. ot pnld.esis prohibit$d 1'1 both tho Nati<md. and toeal Council Constitu.tiOJt & l\Y'•Lt\;vrs. 4. ~ battles would destl'OY the co-opera;biotl betfte'll the tnsti,u.timut · •Ponsoring Sooutblg and the vol~ra whc SGrVe them., TM ~dul'e f'or t.u eleat.ion of O.uneil Memberf.1, Officers, Execu.tiYe hard ~ere bas bee followed. !hit proee~ure is tor the Presi&.nt of' the Ooun~il1 with the appftT&l of \he Enou\in Bo~, to appt:d..n\ a Heinat!ng Committee t.& nominate Council ~mbva, Of'tioers, ~utive !<>&rd Members, Fol" ~ years it hal bee the cus\om io appoint the 6 District Chd.fttfm u ~rs ot th& Namina:&!ng Ooalttee, so \ha\ all Dls\rl.ots would 1- :t'e~eented cm the Commit.tee. 'this. 7ee:¥t th& N~il11 CommtttH was oo~s&d of the ~- ot tlM Comitte~. the 6 Diatriet ~ amt I OOuneil Menibers. At the Atm-.1 Jusittf.';t'JS ~et1ng: Gf the Council the Nomitlating Comml\uua, after b~ dulr e<ma:l.A&red th$ qualiti•ationfl and avaU.abillt.7 ~t all: men subid. ti;~ to 11~ for the various posit1-11,. makes oti•' slate of nom!riations. At the ~Business Meeting \he Counc:iU Members have.the p:rivile.ge ot accepting or -~ rejeeUng t>hese nomtn•~ions. . For the pan twen\;r•nitle yea.re the slate, as nombatef! lfT the NOmbathg Committee, baas ha elected and bas seJ"f'ed~ No 1PlPT votes have bee cut at a •eting of \he Council in the past t.,,.tT-nine Tear$ and se tar as ~ lolow there tu.it ~·been a Me cast. by :p~ Sl'l th1$ CQunotl. .. NOJ.~IN'AT!ONS f..Jl'E Nor MADE PROM m ·FLOOR To hCOld ·a member «:>f \he l3o1' Secuts of America ls a ..-oluntar;r a~on. To JNm4e~ a speeit1e serviei\l .in ScoutiJJa.a person muat no\ •l111 be qualified fo?t the pl.aOG but, mut also bd1cate 1n a.dt'&ne$ of tm eleo\ion hie willinpets \o accept the position if h$ 18 eleetn. TheJ,'et'n'91 a oarulidate eboul4 aa:ree ~o $~ nto.re hi# naae ia placed ill noain.atioo at a elQcticm. 1ailf.ng to e.ou:re candidat.ea• ~a w<rtilld "eult. in mcm being .leot-1 who would uo\ s$J"VG, \l'.\US 1earing va.canciea which vwul.d. have t.o 'be filled by another el$Ction or bl" the Exe.eutiw Boari. The .hf' soout Constitution le 17 .... tawa l"'equire the mmber f.>f Iturt.1\utional Ra:pl"asentatiVf)a to be a majolr!v ot \ho Council l\!Ubers. The tl'Wlib• ot Inatitu\i•al Jopmsentai·t\\1u1 is not fixed .lmd mq ~ ~ dq to day a.ocording to tken't11»1Mr of :lnsti\u\tons 11pcmsoring Scoutitlg .. If ~tlons tram the tlctor an pend.tted all Cknmcil '10mhrs,. both !zlstituti<mal Representatives and AOtive CcacU Mmbel's-At-ta:t"ge, would have the priTilege e>t maldng nordna~icm•• It e. ttllm'be:r of Ootlilcil Mm»bers made r.uDdJla\i<nsa from the floor the:r. could ea.sill' be mtm;l' more oadidates tor the position ot Council .. r-At-targe than oould be leguq el~, tor \he reason thfJ1 wottl.4 u:eeed the n•ber ot Inatitutiomil Iie}>ftsel1tatiws. !h.us1 it ud.ght be neeesea?Y to JIOS\~ th• election Ulitll a print.d ballot• OODtaining .alJ. nominee• n~1, could be pftTided• At \he 1Ubsequent ela®in it Vlould be 11ec•u1eu,. · to have ea.eh tlouncil Member t.o 1DSl'k an ixu11rtdwil• YO~• fol' ea<sh of UO or m<>J.'e men after ha'ting made his sel$otiotl out c.t a list of MY8"1 lnmdred possible tl®tineas. AU 103' S0out total Couneils should haVG Colaeil Me~At-L«rge l't!l:Prttse1ltillg a broad cross Jtee\iml of the commmd.\}"•s Religi<>us, Fd.uoa.\iona.11 t.abol"• Civic, ~ss1 AgriOUl.•ural in'9nats. I' bas alwqs beon 'hhe jGb of the No:adJ:iati»g Comtnt'tae to~ \hat the oomuntv•s in~ns b this 001'.lnection an safeguarded. tf' nond»a.tiona from 'be floor an permitted.~ can be no assunmae 1ha.t all of \he eo1lJDl'Uldtyts in~s\a w1U be ed~1 as it W0\11"1 b~ possible tor GDG o~ mortJ of the poupe '° be l~ft ent!re]1' out ot ~he Ooun•1l memberflhiP+ Up. until about 1948 a priX\W ball" wa.s presentEtd to the CcmeU ~ars.. To our knowledge ~b&se ll>allotui. as euoh1 ~never~, ati in eftry -- somon• would mate. a aot.ion tha' the seerekry cast t,ba bsi-11.ot tor the entire po~ and this motion wa.$ duly eeeo:o&ad a,nd. oa:rriedio 'fhQ'efore, tlO ballots wert.t ~. For the last ~al years • pr!Jrte1! bulote haw been ma.di;) aird.la'blA as the Ohdman of' ts Nomtnat.ing Committee read tbft nam•s ot the people no1dnat•ili tor the vuiou pos!\ion• and ~ nn el~ ~ voie. vote. 'this m~hod f>f •le"ion has ~..n sa\isfao\o;iy to the Council fiembet'S up unt~l ~out tour 1eiar$ ago when isonm Coimcil Bemben .bsiskd on nominating .,.. from the tleol'. The matter wu taken up with nr • Anh• A. Sohuek1 Ohief SOout Executiw ot the tiational Councilt Soy Seouts of Amer.tea, airl• in the Sta:adard :Local Council C<mstitut.ion & IT-Las there is tw provision aad4 for 11om1naticms ·trom the tleor, neither ii \lwre tm'I' rtat~~ that nomina\iona bmm the ~ Aft not pM"ltd .. ttte4. limtet'J t·a reason tCJr \aldq the matteT up wi\h Dr. Sehuek \o get a ruliig from 'h$ N$.tianal OounoU. ta nr. Sobuek•s letter of'""• a, 1954 (whioh 8$ re&Q, at. \h-9 Annual ~ting Ul 1954) 'tmere is 'h:is stat.emcmta "!he ~ship et \his C®m1it\~ ia ma.do lmoMl \o th$ ntin Ceuneil ac '\ha\ neo~tions ~"made tor the Jomba1d.ng Con11ni\tfMt£t con.s14•Mi•• Aftar: '*1&1derat1<m of saJ.4 ~eomed.a.Uons \be Nomitla.tiJ: lg Cmnmittn :p'esents a stngle sla~ti; of nom111Atiee tor acticm.of the Council. To pre~ the 1ntepi'7 of thi1 sound proo•u1s mo n0l'l8l~Utms U"e ~it.4 'hom the floor." A letter, dated Sep'lt. 261 l9i7t giv.tng \he ?laJa$S ot \he memb$rs ot \he Nomitu.itlmg Oomrd.ttee, was ~ to all Oouneil Membtnnl. rua letur l'Gqu~et.a4 n~a\iot1s lm srmti to arq m.ember of the Committee or the Soout Ex&euti"fllt tor arq- elec3i'l'e position, .Thu Council Memb$:rs had tWer i;wo months notice inetead of tma re.qu~ii thtrfiT dq notice. .... $- At \he me$\tngs ol the Nomine.~ing CkJmm3.t.tee·\hG following nwdbet" of nomirlations t'or the vuious Po•ition1 were consideftth Fo~ ~114.rrh ••••·•#!ftillf••••·••••••-. .. •••••• S .For 'fiee-~s1dats ............ '* .. .. • • • .. .. • • • 27 For Seo·uti Oomm:lafdoner .................... , .. • .. io hr T~r ••••••• ., •.•• *"••••••••••••• ••. 5 For lational. Oouneil lU!lpnnaktJ.TGs..... 19 for Membot' Exeeutive J(..'UU'14. • • • • • .. • • • • . • .. • 90 ~ this poup the Committee, after oar.M stud.rt s~ the nam&li.l ot the men to be l)ftsented tG> the <lolll.1cil at. \b& AtmW'tl Busihas Meeting. lust before the .bnual Meeting G1l December m, a group ot Council M«ribera a:nd ft>a.r Council )!embers fil(ttd the bill in Oh&lcetr CGUrt t\Sking 'bhd the Couruitil l.m nJoined from denybtg th@ compld.nan1ua ot tu bill ant! others sbiilarl.1' sit•\84 \he right 1o :noud.na.te from the tloor at the AmmaJ. Meetings to 1'0ie p~ee at the Amlual Vee\1ngJ to ma lsy m!'!•t.en ballot at the Annual ~i;ing. A hearing ws hfi)ld 1n Ohancer,r Oottrt No. 2 and the Chancellor rul~ that the Court would not h~sitat~ to enJoin the Ceimeil :if nominations from the fl.cor were not peS!'!td.tHd @d a ml'it.ten 'ballo\ ~. The t'.knu'tt denie4 a :lnjweticm oouirntm<ll.rtg vo\~ 'tw proq.. Hfltnee, at the elefltitm ot Coun~U Members, Otfloers, ~cutive ·~ Mem\)ars f()r 19$8 nominations ft-om tho tl.oor will '" permitted and a Written ballot wUl be used. Pru:ii~s will not be ~:rtsd.tted. All ct tim eompld.nan\a and boi;h ot \he a\\Qtnqs tor the ebpld.n& nti• U'e1 or have befm, Officers• CounoU Members and Uembel"s ot \he ~eutive &ard. All of \hese :men w.re elected b the pa~t U$ing th19 same procedure which they are ttow ~17'inc to change tb:rough lhe courts. Both Gt ihe ai;torneya tor the eompld.nants hav. ~ a$ Oh~ ot \he Oouneilts Const1:•ut1on &. IT-Laws Comit~.: Tb1s la a mie man (lomnd.ttMJ the Committ••a i<•.U•pOrJtd.'biliV' ts to handlA arq matters p.enaining t.o ·tbie Contrt1tu\ 1tm & ~-La.ws and to ~commend obmg•s that migh~ "9 &3e!rabl1J. Ae one ot 1men attomq• se~ tor thre" tea.rs as Obail'man and the oi.\l'mr ~tttomey aennd tor o»e yea, it ts assumed tha'\ ~ know how \o ~d th$ Constitution & »;r-~ws, as Ar\1cle IX of' the Conat.itutions ~v14ea1 WJ.'bis Constitldion .mq be amended at a regular~ called meeting of \he Council., provided that a copy ot trhe proposed amendment or SJl$ndments aecompanies the eall ftr the Council •etifll, ~ntl provided. tutthe:r, tmai such pl'Opoaed amendment or am&ndments, shall haw had. prioxth~ t• the conaideration of th$ bacmtive Boa.rd ot th4t1 Council at a du]1' oal.194 meeting. All proposed amendments aball be submitted to th~ National Council f'or approval before becoming eff'entift looal.J;r.U Article IX or the BJr..;tawa prc>Vibf!H These Br-Lawe mtV be Ul\mded at aw 211eeting or the Executive Bo~ tt;;x>n the .neoimnen®t:S.011 of thG sub-~ommlt\ee of \he ExeoutiYQ BotU'd or when th11 JJr'Oposed amendlffJllt has.been l!Nbmitted to. the miitmbers of the Exewtive Boarn1 bl writing, s.t least t1~n dtqt 1n advance of the ~ting. 01l' sueb uendmttt'li mq . be mad$ tv aotioJJ ot thG 0¢>llll$il ~n reeommendation ot the Executive Board, when such bendmi'{!nt has btMl1 d.ull' cttiisidere4 and pr~eented lq the Coamd:bte• ott Propam and Besolutions. All proposed s.me~ shall be S'Ubmitt&d 'bo the Na\ional Council for appHYal before beeomtng effective locally,.• All oft.he compldnants aN or ha'V'e been Jlember:s of the B'acut:iw Board and seftll ot them a.re or haft bee. ott1oers of the Ooun•il. It is «Uletmmd; thentore, that tb8f know the procedure to !imtfmd. the Constitution al'ld D'J'-Llllws t~ uormal. Scouting u\hcds and wi\houi uvbg to got~ the courts to eecnl'i\!I a ~nt or amendhnta. No amendments. ban M&n proposed by' th@ complainatlts. When an ailult. <tesiNS to be<tome atfiliat&d with tbt.& Boy &:outs or Amerioa he mus\ make a.mt sip G s;pplieatiom. A part of \his a.pplicudtton ~ads u tollesa nt agree, if a l"Sgistration oe?titics;\e is ~ted>. t.o b$ gu:i®d hr the Ck:ms\i:t.•Uon and iy•Law1 of both thA lfational Oounoil and local e<>uneUs azld sueh Jitlles ad regulations as JU1' be promulgated by them.• lo a~ul.t can J>acome a memba o:t the BOT SCou\ti of Anterioa without signing the application cont.a.inbg th11 ~mel'!t. Dtsngarti?ll this, ~emtant the OOJIJPlainants t'il&d suit in Clum~ Court without having Wd at.tempted to ~d the Oonst:ttution & BT-Laws thro-ugh the nenial proeeture. Cbic'kaaaw Council•' Constitution & BT-Law$ and iiH! election prooGdure is \taaioaUT the sue u Ub-ed in the 543 tocU Councils in the l.bited sta.tee41; All loce.1 councils pe\ agree to be g'Uided by the Oottstitu\iott & By-Laws; rules and ngula\ions as promul.Cated by the National Council; otherwise th~ National C»'Qtloil will not issue a cha.r\er. AMNIS!lUTION In 1948 the Council divided itself into P1etriets tol~ admi:nietratiw pUJfpofhl)s., This mOh tor 4ecetra.Usaticm was made with \he full support tmd recome»ds:M.OJ\s ot the National Co\tacil ed following \he example ot othtW Ooun<tila and suecee:u~M buainees op11r'a.1ti<ms thr<>•hcut the oounfu7. Sil'loe '\he diT.lJSiOD of the Council uto Districts there has b$mt a. $tea(J.r powth and ~wment of .n:rviee to eponsoriilg itla'U:tutions, Uildor the Dlstric\ pl&ri of opera\!on ea.ch District elects its own l~adership and 6ach Dtstrictts 6 opera\ing ••ittfieS are ot l1k$ name and p~on as the Oc.runcil•s 6 Operating Conm.tteea. Each District l!Uld DiTirdon is ~preaent.d en \he OouneU•s Operating Conmd.ttects 1.v. the D1str1et Opera1dn.g Oommitt..,. Ohtd?'mUl. Each JDstit~ionsl Op<tra\tng !B}>l"•stm\a\tft ta a lleliber of one ot the Dis\riet•s/Oommi\teea and is a. votbg member ot the D:Lnrlo\ CCmmit~. The ntstrio\ Oommlttee ls compoMd of the D1etri® Clud.rman, Vie .... o~, D1stnct Coani8sion•r. Celatoil Membel'fS rest~ Il'latitutional R~sentativee. bl \be Diet.r!et and JM.strict Members-At-Large,/ 'l'h• ))istrict Committe$ aeeta mont,hl.1' to s.upetti• ~~ o~g ou.\ of the Scout. p~ 1n i\s te:r.ritol7• Thel:le $1annels of' admi:nis\ration are two-wq nnets with fm ~sy· tltw of suggestions tar program iap.Hftments from ins\itutions \o the Oou:neilia Openting Oommitt!Ms thl"ough the District Operating Commi\tee Cbd.,l"a\ert. I~ are d1eous$84 'by l"GP"Sen\ative• from all Distric\• Md D1Yisiooe and then :recommen~ to thG EK•eutive lloa:r4 tG:r approval.. !bis procedure is mutm mon \ban \heo1""' ~ month idea.a are 'brought to \l'.\$ ~ou Council ~ting Cotm.nittns 'b1 :n'IP"~\a.\ives ct the wr10Wl D:l.1.1trletua md Di:risions. Betent e~e in peliq i;bat ao.se Ui tlm Districts ares 1. The ~st to ha'fe eup. CVrier operaife as a Stlmlte1' Calftp which came to th~ Cttuncil u a neommen:iaticm from tho So\ltllnst District. As a nsult1 Camp Currl.N" w1ll operate :next fJ~r as a a~ OtUllP for ~ weeks. 2. the "!ra!:aiug Before Oommissi<ming PlaD 9 eame to the QouncU Training Ckmmdt.tH bfe \he1 So--e.st. District !». 195& - was l'&<l~ded to \be E.HettUve Soard .... and -.a not app"°'ed• The Plan ns qai:n sugg•sted. through the Scn.muast Dis~rict. ta 1966; it Wtitl agd.i'I recollllnenru..4 \Q" th<t Exeeutin Boa.:rd and was approved, and beciae Oout1cil poliaf effoctive San,,, 1; 1957. St1111Der S. Th& suuearttion 'hat \u INIP f09 for Council •peratd./eupe be bereas~d Vld. re~•d '1' \he Norihwes\ D.tnrl.c$ O.mit,tee a1d has been oonsidued by th@ Cotmcil Omrping & A.dt;d .. tie• Oolnm1ttee. The ~:ng & .At\1vi\ie$ Colllmittee ~.ppointri. a speeial oommtt~ ton• the suggest.ton, AtJer this special eomd.M~eEt l°e:P()~s ~ c~ & Ac\i~ti•6' Comm!\~ will t~ action and will submit U•• finding$ to ~ ~cu.ti.Ye ~ tor fhutl action. 4. Ta. •Ro•d .Up ~ro", wbieh haf! jut been completed, wru'I an idtlta growing out ot "t~tibne fro• the lorthaaat District apd reeom&nde.d by tu Ooimeil Orcsttt1atit.m & ~don aomt•tee and a.pp~ bl' the Exaoufd.ve :BoU'ld on &lpt. 9th. For 417~ mdAkasaw Counoil bas !lmnuall.T ~.n to~ o,. the Oonllridt.uUOJJ & l\r•Ls.we, rulea and l'eguhtions of the BOT SMuts of, .t\.merica and bas dktne i\s bt)st to pro'f'id.e a good pJ'Olram of a•i'Vities tor the l:>O)"s of om." ~a.. The Co~d.l tels it ie 4utT bound to ~ ot$ it• ~~nt with ibe National Courioil - tdlbg in \b!.a, it $110\lli ~tier iis charter. fJae Qld.okan.w Co•oU nqes's your 1n1ppert; in conti»utng this ,. i'~ &t traS~ng 70\11h to "acome men. of Ba:raoter tnined tor ~t1td .. pati'fg 4ti11mship a.ecor41ttg k \be ~· 1a the Council•$ ~e:r tram \be Bar -2- be ca.et in person or b7 prtJ'$3"., The Constitution and By-Laws of both the National Council and the Local Council of the Boy SCGuts ot Amerioa prov1.de that there shall be no votes by proxy at aDY' election. Therefore, there is a conflict between the state charter and the ·Oons\it;ut!on ·and By-Laws of' the Boy Scouts of .America. In·order to use the name of the Boy Scouts of .America and to operate a.s a local Counoil it is necess~ry to f'ollow the Constitution & By-Laws, :rules and regulations ot the Boy. Scouts ot America. Since its organization in 1916 Chickasaw Council has been operating under the Oons'litutU>n & By-Laws as a:pprovtd by the National Oouncil, Bo.r Scouts ot America. At various times change·s have been made in the Constitution and/or By-Laws of both· the Nf\t1onal Oouncil· and the Local Council. WHY PROX IES SHOULD NOT BE USED t. A Council Member who is int'Grested in Sooutirig should attend the meetings of' the Council. 2. Most churches and listitutions sponsoring Scouting wtilat their Insti:~:ational tmpnsttntative to. :speak. -tor the in~t~ution· and do not want him to delegate his a.uth¢rlty to Sl\Vone else .• 5. Use of proxies is prohibited.by both the National and Local Council Constitution & B3"-taws. 4. ProJCT ~a.t tles would destroy the eo~operat.1on between t4e institutions sponsoring Scouting and the voltmteers who serve them. ;! The procedure for the election. ot Council '.Members, Officers, E'xecuti" te Boa.rd Members has been followed.: 'rbis procedure is for the Presidet}t of the Council, with, the approval of' the Executive Board, to appoint a Nominat,ing ·Committee to nominate Council Mepiber.s, Officers, Executive' Board Members. For several years it has been the custom to appo~t the G District Chairmen as Members of the Nominating Oomittee, so that all Districts would be represented on the Committee. This Tee:JJ the Nominating Committee .was composed of' the Chrlrman of the Committef:J, the 6' District Chairman and 5 Council Member$. At the Annual Business Meeting of the .Council the Nominating Committee, after h$.Ving dttly considered the qualifications 'artd availability of all men submitted to it for the various positions, make.s one slate (;)f nominations. At the AnnUal Business Meeting the Council Members have the privilege of accepting or -3- rej~cting these nominations. For the past twenty-nine 7ears the slate, as nominated b1' the Nominating Co.mmittee, has been elected and has served. No pro2;,V' votes have been ca.st at a meeting of the Council in the pash twenty-nine years and. so far as we know there has neYer been a vote east by pro"Y in this Council. WHY NOMINATIONS I.RE NO'!' MADE FROM THE FLOOR To become a member of the Bo7 Soouts of .America is a voluntary action. To render a specific service in Seoul;ing a person mu.st not onJ.T be qualified for the place but must also indicate in &d'Vallce o:f' an election his willingness to accept the position if he is elected.. Thel"efere, a candidate should agree to serve before his name is placed in nomination at an election. Failing to secure candidates t agreements would result, in men being elected who would not serve, thus leartng vacancies which would have to be filled by another election or by the Executive Board. '!be Boy· Seout Constitution & BT•Laws req'llire the n'Ullber of Institutional Representatives to be a majority or the Council Members. The number ot Institutional Representaives is not ti,xe4 and mar- Te.rt from dq to dq according to the number ot institutions sponsoring Scouting. It nomine.\ions from the floor a.re permitted all Council Members, boih Institutional. Representatins and Active Council Members-At-Large- would have the privilege of ma.king nominations. If a number of Council Members macie nomil'la.t:l.ons from the floor "here collld ea$ily be many more Qandida.tes for the position of Coimeil Member•At-Large than could be lega.llT elected; for the reason they would exceed the number of Institutional Representatives. Thus, it might be necessary to :postpone t.he eleetion until a printed ballot; containing all nominees names, could be provided. At the subsequent election it would be necessary to have each Oo1tt1cil Member to mark a.n individual vote for each of 150 or more men after ba:rl.ng made his selection o~ ot a list of S$Veral hundred possible nominee·s. All Boy Scout Loea.l Councils should have Council Members.At-Large representing a bl'oad cross section of the oolililI'llllity•s Religious, Educational, '·'· "' , .. :11. -4- Labor, Civic, Business, .Agricultural interests. It has alwqs been the job of the Nominating Committee to see that the communi1;y•s interests 1n this connection are sateguarded. It' nominations from the floor are permitted there can be no assurance that all of the colllJIU1lity•s interests will be sa.fegua.riied, as it would be possible for one or more o.t the groups to be left entire~ out ot the Council membership. Up until a.bC>llt 1948 a :prated ballot was presented to the Council Members. 'fo our knowledge these ballots, as such, were never used, as in every case someone would make a motion tha:t the secretal"Y east the ballot for the entire group and this motion was duly seeond~d and carried.. Theref'<:>re, no ballots were 1t1a.rked. For the last se1"eral. years no printed ballots have been made available as the Cha!rma.n ot the Nominating Committee read the names of the people nominated for the various positions and they were eleeted by voice vote.. This method of election bas been sa.tisf actory to t.he Oounell Members up until about tour y$ars ago when some Council Members insisted on nominating men from the noor.. The matter was taken up with Dr. Arthur A. Schuck, Ohiet Scout Executive ot the National Council, Boy Scouts of America, since in the standard Local Council Constitution & By-Laws there is no prOVision ma.de for nomina.tiol'ls f'rom the floor, neither is there l!J:'f9' statement that nominations from the floor are not permitted. Hence the reason for taldng the matter up with Dr. Schuck to get a ru:U.ng from the National Coun~il. !n Dr. Schuclt•s letter of' Nat. s, 1954 (which was read a.t the .Annual Meeting' in 1954) there is this statemexrb: "!he membership of this Comittee is made known to the entire Council so that reoommend.ations may be made tor the NOJllUJating Coi;nmittee•s consideration. After consideration of said recommendations the Nominating Committee presents a single slate of nominations for action of the Council. To preserve the integri\y of \his sound process ·no nominations are permitted from thfl t'loor.n A letter, dated Sept. 26• 1957, giving the names of the :members ot the Nominating Committee, was sent to aJ..l Council Members. This letter requested nG!llina.tions be sent to any member of' the Committee, or the Scout Executive, for a:ny- electi"'\M position. Thus Council Members had over two months notice instead of the required thtny da;y notice. A~ the mea~ings of the Nominatizlg Committee the following number of no.m:Lnations tor the Tarious positions were consideredi For President •······~·················•• 8 For Vice-Presidents ••••••••••••····~···· 27 . For Scout COmmissiot:ler •••••• ~ • • • • • • • • • • • • 10 For Treasurer .......................... ~ • • • . • S For National Council RepresentatiTes... •• 19 For Member Executive Board............... 90 From this group the Committee, after careful atudT, selected the namee of the men to be presented to the Co'UI,lcil at th~ .Annual Business Meeting, ,tust before the Annua.1 Meeting o:o December 9th, a group of Council Members and former Council liembers tiled the bill in Oha.ncer.Y Court asking that the Council be enjoined from denyitig the complainants of the bill tUid others sirdla.rJ.7 situated the right to nominate b-om the floor at the Annual Meeting; to vote proxies at the .Annttal MeetingJ to vote by written ballot at the Annual Meeting. A hearing was held in Chancery Court No. 2 and the Ch~cellor ruled that the Cou.:rb would not hesitate to en3oin the Council if' nond.ntd;ions from the floor were not pe:nnitted and a written 'ballot used. The Oourir,denied an in;Junetion commanding vating by pro:iq-. Hence, at the electiO"n Gf Council lembe:ts, Officers, Executive Board Members tor 1958 nominations from the floor will be permitted and a written ballot will be used. Proxies will not be pel'Jl'litt~d. All ef the complainants end both of the attomey-s for the compld.na: rl\a are, or ha'9'e ~. Officers, Council Members and Kel1lbers ot the ~outive :Board. All ot i;hese men were el•eted 1n the p~ ~g the same procedure which they are now trying to Oh&.llge tbrQugh the oourtf.'1• Both ot the attorneys tor the c;omplainarits han served as Obairma.t1 of' the Oouneilts Oonstitution &. B.v"-Laws Oommittee. Tb.is is a one man CQmmi\tee; the Committee• s responsibility is to handle 8.IIY' matters pertaining to the Constitution & By-Laws and to recommend changes that might seem d&$irable. !a one of these attor.neys served for three ,-ears as Chairman and the other attomey-·sa1"'9'1*d. for one yeQ'' it is assumed that they know how to amend the Constitution & By-Lawe, as .Article !X of the Cons,itutions provides: "This Constitution may be amended at a :regularly called meeting of the Council, provided that a copy of the proposed amendment or amendments accompanies the call tor the Council meeting, and prorlded further, that such proposed amendment or amendments, shall have had prior thereto the eonaidera.tion or the Executive Board of the Council at a duly called mnti.ng. ID proposed amendments shall be submitted to the National Council for approval before becoming effective locally •.. n Article IX of' the By-Laws provides: 'l'hese BT-Laws may be amended at an,y meeting of the Executive Boa.rd upon the recommendation of the sub-committee of the ilxeou.tive Board or when the proposed a.JDf.mdment has been submitted to. the members of the Executive :Board, in writing, at least fifteen days in advance of the meeting. Or such amendmen\ may be made by action ot the council upOn recommendation of the ~cutive Board, when such a.mendznent has been duly considered and presented by the Committee on Program and Resolutions. All proposed.amendments shall be stlbnll~ted to the National Council tor approval before becoming at'f.'ectiv.e locally." All of the complainants are or have been Mem'bel"l! of the Executive Bo~d and seven of them are or ha.Ve °beell officers of' the &,uneU. It is assumed, therefore, tha'b thq know the procedure to amend the Constitution and By-Laws 'hrougb normal Scouting methods and without haVing to go to the co'lll"t• to secure an amendment or amendments. No amendments haft been prop&sed b.r the complainants. When an adult desires to become affiliated with the li3oy Scouts of America he JmlSt make and sip an application. A pa.rt of this application reads as toUews• "I apoee, if a l'egistration certificate is granted, to be guided by the Gons.t.111\tticn and BT-Laws ot' both the ·National Council and l<:>cal council.a a.nil sueh rules and regulations as mq be promulgated. by them." No adult·. can b&come a. member of the Boy Scouts of America without signing the application containing this agreement. Disregardi?Jg this agreement the complainants filed sul.;1; in Chancery Court without having even attempted to amtind the Consti- .• tu.tio:n & By-Laws through the normal proeedure. Chickasaw Cotmcil • s Oonstituti<>:n & By-Laws and its election procedure is basieally the same as used in the 545 Local Councils in th~ United ·states. All local councils JJ1U$.t agree to be guided by the OonstttutioI1 & '.By .... taws, rules and regulations as promulgated by the National Council; otherwise th~ National Council will not issue a chartert! In 1948 the Council divided itself into Distriets for administrative purposes~ This mon tor decentra.lisa.tion was made with the full support and recommendations or the Nation.al Council and f'ollowing the example of other Councils and suecesstul 'J:)usiness operations throughout the oountr,r. Since ~h$ division ot the Council i.frho Districts there ha.a been a stead;' growth and improvement ot semee to sponsoring institutions. Utlder the Distriot pl.a3:1 of operation eaoh Distd.ct elects its own leadership and eaeh District ts S opera.ting committfies are of like name and purpose as the Couneil•s·e Op-rating Comnd.ttees, Each District and Di Vision is %'$presented on the Council's Operating Committees by the Diatrict Operating Committee Ohail!"lnan. Ea® '.tllstit-®ional · Opera, mg Represen1;~t1ve is a member of one of the D1str1ct•s/OO:mmittees and is a. voting member of the Distl'ict Commit tee" The District Committee :ls ee>~eed of the District Chairman 1 Vice-Chairmen, District Oommiesioner, Ommo.U Members residing · Institnx\lional RepreJ:tentatives. in the District alld District Members.At-~e,/ the District Oomm1ttee meets monthl.T to supervise the carrying out ot the Scout program in ite "t>erritory• These channela of administratio:ei are two-wsy streets with an ee.q flow of suggestions tor pragram imprG'ftments from institutions to the Councilla Operating Committees through the District Operating Committee Chairmen. Ideas a.re discussed 'b1' repJ:esentatives from all Districts anii Divisions and then recommended to the Executive Eoard tor approYal.. This procedure is much more thaJJ theory. EV'e17 :month ideas a.re brought to the various Council Opera.ting Committees bT representatives ot the various Dis·triots and Divisions. Recerrli changes in policy that arose in the Districts are: l. The re~st to have Camp Currier operate as a summer camp which crune to the Oo/llllcil as a recommendation from the Southwest District. As a result, Camp Currier will operat• next summer as a. summer camp tor three weeks. 2. The ttfraining Before Commissioning Plan" came to the Council Training Committee from '\be; Southeast District in 1955 - was recommended to the Executive Board - and was not a.pprowd. The Plan was again suggested through the Southeast Di.strict in 1956; it was again recommended tq the Executive Board and was approved, and became Council policy effective Jan~ 1, 1957. summer a. 'r~:$11gg-ee'h19n that,the camp tee for Councilopera.ted/e~e,be:~¢,.,asei wa~ ,reeo .. ~nded.;by·\he ·Noi"blilwes1' Distrl.ct. Committee., and h~s' b~en consicifl!ped bt»~he Council Canip~ &. AQttY1t4.e• Oommitt&e., The Oamping & ACt:lviti~s Comμi1tlt~e appointed .a ~~eiai: ce~n1d:tt•" t~ stit'l4y :the suggestion.; Aft:er this specia1 a.0111llitt~e. :reports the ·0$11pfn{f & .A~t.'iy~ tiel:s' Conun:!t tee . will take action· and >'·wf.11 sUlmd.t ;'its.· findings 'to the .. EDQ:uttve lk>IUl!d ~or . final act.ion. · · · 4.• The ·~unu VP ~ram", which has Just, been. compl:-et~, was . an idea growi,ng out of retJQ.~ndatione tro~ 'bbe Northeast Disttj.ct and ~conmililJided by ... the .C9un.ci'l Orga:ni:U.'tiQt.\ ~ 'Exf:;ension Cemmit t&$ and; approved' w· the" Ex&euMte Beatd , on ,Sept. 9th. • • . - . I - ............. -; ..... - - -. - - - - - ... - - - ""!"' - ~ - - - - - - - - ""'"'!' - - - - -. - - ... ,--- .... - For ·41.years Chickasaw Coune:il has antrual~ agreed t9 ~·.out the Oon:ni,tuti.on & Av~Laws, rμles a:pd. regulations. of, tne !Boy ScoUt.s of .Am,~rica. and has done i'.bs b~st .·to provide. a good program · ot e.at!viti&s .ro:r "&lle 'boy~ of onr area. The Oo.unai1 feels it is duty bound to oart7 out its ~pt· 1d.itl \he, National OoUrieU - f'~g .in :thi•s, it shoUld. surrender lt1J chaz1e,r. . . . :· : .' ·. 'l'he Ohicka.s,aw Council · reque$'bs ;v:6ur s\J,ppp~. in eontilll.rling this ' ·.r·' . ' . citiz~nship ao~o~ to the ~~emen't in tile ~!\lJll"il''s char'ter. fro~i:·t:b.e Bqv Scouts of.' AmerlQa• LAW 0FFIOES CLIFFORD D. PIERCE GEORGE L. RICE1 .JR. J. LEWIS TALIAFERRO WM. K. WEST, JFL PIERCE, RICE & TALI}>.FERRO BOB G. STEWARD Mr. Gordon Morris Chickasaw Council February 11, 1958 Boy Scouts of America M & M Building Memphis, Tennessee Dear Mr. Morris: SUITE 701 EDWAY BUILDING MEMPHIS 3, TENNESSEE This refers to your telephone call regarding fees for professional service in connection with the recent litigation involving the Council. As indicated to y6u, I have discussed this matter with Mr. West and we actually did not even allocate the expenses involved in this fileo I appreciate very much Mr. GoldsQhmid making inquiry in regard to our services, but neither Mr. West nor I have at any time expected to make any charge for this service. As you know, both of us are interested in the boys' work, and of course citizenship and servic¢:;:.in most all capacities. We would like for your office and Mr. Goldschmid to realize that while it did represent a considerable amount of time and effort, that we would like to have this considered as an additional effort to support the fine things for which the Boy Scouts of America stands. As indicated to you over the telephone, we had much difficulty in view of the corporate law involved and I feel that we did about as well as could have been done under the circumstances, and since apparently the complainants' attorneys apparently could not possibly keep from bringing about the litigation, we are glad tci have had a part in helping to bring it to its present conclusion. Assuring you of our good faith and continued interest, in which Mr. West joins me completely, I am Very sincerely yours, ALIAFERRO CDP:jp cc: Mr. jack Goldschmid Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1957 Title A name given to the resource 1957 Documents Regarding Lawsuit over Council Executive Board Elections Creator An entity primarily responsible for making the resource Chickasaw Council, BSA Publisher An entity responsible for making the resource available Duane Klink & Chuck Schadrack Source A related resource from which the described resource is derived Chickasaw Council, BSA Legal