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VIII

THE DEBATE IN THE HOUSE OF REPRESENTATIVES ON THE BILL TO INCORPORATE THE NATIONAL EDUCATION ASSOCIATION

(From the Congressional Record, Monday, April 2, 1906) Mr. Southwick-Mr. Speaker, I move to suspend the rules and pass the bill H, R. 10501 as amended.

The Speaker-The gentleman from New York moves to suspend the rules, agree to the amendments, and pass the bill which the Clerk will report.

The Clerk read as follows:

A bill (H. R. 10501) to incorporate the National Education Association of the United

States. Be it enacted, etc., That the following named persons, who are now the officers and directors and trustees of the National Educational Association, a corporation organized in the year 1886, under the act of general incorporation of the revised statutes of the District of Columbia, namely : Nathan C. Schaeffer, Eliphalet Oram Lyte, John W. Lansinger, of Pennsylvania ; Isaac W. Hill, of Alabama ; Arthur J. Matthews, of Arizona ; John H. Hinemon, George B. Cook, of Arkansas: Joseph O'Connor, Josiah L. Pickard, Arthur H. Chamberlain, of California ; Aaron Gove, Ezekiel H. Cook, Lewis C. Greenlee, of Colorado; Charles H. Keyes, of Connecticut; George W. Twit. myer, of Delaware ; J. Ormond Wilson, William T. Harris, Alexander T. Stuart, of the District of Columbia ; Clem Hampton, of Florida; William M. Slaton, of Georgia ; Frances Mann, of Idaho; J. Stanley Brown, Albert G. Lane, Charles I. Parker, John W. Cook, Joshua Pike, Albert R. Taylor, Joseph A. Mercer, of Illinois; Nebraska Cropsey, Thomas A. Mott, of Indiana ; John D. Benedict, of Indian Territory ; John F. Riggs, Ashley V. Storm, of lowa ; John W. Spindler, Jasper N. Wilkinson, A. V. Jewett, Luther B. Whittemore, of Kansas; William Henry Bartholomew, of Kentucky; Warren Easton, of Louisiana ; John S. Locke, of Maine ; M. Bates Stephens, of Mary. land ; Charles W. Eliot, Mary H. Hunt, Henry T. Bailey, of Massachusetts: Hugh Á. Graham, Charles G. White, William H. Elson, of Michigan; William F. Phelps, Irwin Shepard, John A. Cranston, of Minnesota ; Robert B. Fulton, of Mississippi ; F. Louis Soldan, James M. Greenwood, William J. Hawkins, of Missouri; Oscar J. Craig, of Montana; George L. Towne, of Nebraska ; Joseph E. Stubbs, of Nevada ; James E. Klock, of New Hampshire; James M. Green. John Enright, of New Jersey; Charles M. Light, of New Mexico : James H. Canfield, Nicholas Murray Butler, William H. Maxwell, Charles R. Skinner, Albert P. Marble, James C. Byrnes, of New York; Jaines Y. Joyner, Julius Isaac Foust, of North Carolina ; Pitt Gordon Knowlton, of North Dakota ; Oscar T. Corson, Jacob A. Shawan, Wells L. Griswold, of Ohio: Edgar S. Vaught, Andrew R. Hickam, of Oklahoma ; Charles Carroll Stratton, Edwin D. Reisler, of Oregon; Thomas W. Bicknell, Walter Ballou Jacobs, of Rhode Island; David B. Johnson, Robert P. Pell, of South Carolina ; Moritz Adelbert Lange, of South Dakota; Eugene F. Turner, of Tennessee ; Lloyd E. Wolfe, of Texas; David H. Christensen, of Utah; Henry 0. Wheeler, Isaac Thomas, of Vermont : Joseph L. Jarman, of Virginia ; Edward T. Mathes, of Washington; T. Marcellus Marshall, Lucy Robinson, of West Virginia; Lorenzo D. Harvey, of Wisconsin ; Thomas T. Tynan, of Wyoming; Cassia Patton, of Alaska; Frank H. Ball, of Porto Rico; Arthur F. Griffiths, of Hawaii; C. H. Maxson, of the Philippine Islands, and such other persons as now are or may hereafter be associated with them as officers or members of said association, are hereby incorporated and declared to be a body corporate of the District of Columbia by the name of the "National Education Association of the United States" and by, that name shall be known and have perpetual succession with the powers, limitations, and restrictions herein contained.

Sec. 2. That the purpose and object of the said corporation shall be to elevate the character and advance the interests of the profession of teaching, and to promote the cause of education in the United States. This corporation shall include the National Council of Education and the following departments, and such others as may hereafter be created by organization or consolidation, to wit: The departments, first, of superintendence ; second, of normal schools; third, of elementary education : fourth, of higher education ; fifth, of manual training; sixth, of art education; seventh, of kindergarten education; eighth, of music education : ninth, of secondary

education ; tenth, of business education ; eleventh, of child study; twelfth, of physical education; thirteenth, of natural science instruction ; fourteenth, of school administration ; fifteenth, the library department; sixteenth, of special education ; seventeenth of Indian education, the powers and duties and the number and names of these departments and of the National Council of Education may be changed or abolished at the pleasure of the corporation as provided in its by-laws.

Sec. 3. That the said corporation shall further have power to have and to use a common seal and to alter and change the same at its pleasure; to sue or to be sued in any, court of the United States, or other court of competent jurisdiction; to make by-laws not inconsistent with the provisions of this act or of the Constitution of the United States; to take or receive, whether by gift, grant, devise, bequest, or purchase, any real or personal estate, and to hold, grant, convey, hire, or lease the same for the purposes of its incorporation, and to accept and administer any trust of real or personal estate for any educational purpose within the objects of the corporation.

SEC 4. That all real property of the corporation within the District of Columbia, which shall be used by the corporation for the educational or other purposes of the corporation as aforesaid, other than the purposes of producing income, and all personal property and funds of the corporation held, used, or invested for educational purposes aforesaid, or to produce income to be used for such purposes, shall be exempt from taxation: Provided, however, that this exemption shall not apply to any property of the corporation which shall not be used for or the income of which shall not be applied to the educational purposes of the corporation : And provided further, That the corporation shall annually file with the Commissioner of Education of the United States a report in writing stating in detail the property, real and personal, held by the corporation, and the expenditure or other use or disposition of the same, or the income thereof, during the preceding year.

Sec. 5: That the membership of the said corporation shall consist of three classes of members-namely, active, associate, and corresponding-whose qualifications, terms of membership, rights, and obligations shall be prescribed by the by-laws of the corporation.

Sec. 6. That the officers of the said corporation shall be a president, twelve vice-presidents, a secretary, a treasurer, a board of directors, an'executive committee, and a board of trustees.

The board of directors shall consist of a president, the first vice-president, the secretary, the treasurer, the chairman of the board of trustees, and one additional member from each State, Territory, or District. to be elected by the active members for the term of one year, or until their successors are chosen, and of all life directors of the National Educational Association. The United States Commissioner of Education, and all former presidents of the said association now living, and all future presidents of the association hereby incorporated, at the close of their respective terms of office, shall be members of the board of directors for life. The board of directors shall have power to fill all vacancies in their own body; shall have in charge the general interests

of the corporation, excepting those herein intrusted to the board of trustees, and shall possess such other powers as shall be conferred upon them by the by-laws of the corporation.

The executive committee shall consist of five members, as follows: The president of the association, the first vice-president, the treasurer, the chairman of the board of trustees, and a member of the association, to be chosen annually by the board of directors, to serve one year. The said committee shall have authority to represent and to act for the board of directors in the intervals between the meetings of that body, to the extent of carrying out the legislation adopted by the board of directors under general directions as may be given by said board

The board of trustees shall consist of four members, elected by the board of directors for the term of four years, and the president of the association, who shall be a member ex officio during his term of office. At the first meeting of the board of directors, held during the annual meeting of the association at which they were elected, they shall elect one trustee for the term of four years. All vacancies occur. ring in said board of trustees, whether by resignation or otherwise, shall be filled by the board of directors for the unexpired term; and the absence of a trustee from two successive annual meetings of the board shall forfeit his membership.

SEC. 7. That the invested fund now known as the "Permanent fund of the National Educational Association," when transferred to the corporation hereby created, shall be held by such corporation as a permanent fund and shall be in charge of the board of trustees, who shall provide for the safe-keeping and investment of such fund, and of all other funds which the corporation may receive by donation, bequest, or devise. No part of the principal of such permanent fund or its accretions shall be expended, except by a two-thirds vote of the active members of the associa. tion, present at any annual meeting, upon the recommendation of the board of trustees, after such recommendation has been approved by vote of the board of directors, and after printed notice of the proposed expenditure has been mailed to all active members of the association. The income of the permanent fund shall be used only to meet the cost of maintaining the organization of the association and of publishing its annual volume of proceedings. unless the terms of the donation, bequest, or devise shall otherwise specify, or the board of directors shall otherwise order. 'It shall also be the duty of the board of trustees to issue orders on the treasurer for the payment of all bills approved by the board of directors, or by the president and secretary of the association acting, under the authority of the board of directors. When practicable, the board of trustees shall invest as part of the permanent fund, all surplus funds exceeding $500 that shall remain in the hands of the treasurer after pay: ing the expenses of the association for the previous year, and providing for the fixed expenses and for all appropriations made by the board of directors for the ensuing year.

The board of trustees shall elect the secretary of the association, who shall also be

secretary of the executive committee, and shall fix the compensation and the term of his office for the period not to exceed four years.

Sec. 8. That the principal office of the said corporation shall be in the city of Washington, D. C.: Provided, That the meetings of the corporation, its officers, committees, and departments, may be held, and that its business may be transacted and an office or offices may be maintained elsewhere within the United States, as may be determined by the board of directors, or otherwise, in accordance with the by-laws.

SEC. 9. That the charter, constitution, and by-laws of the National Educationat Association shall continue in full force and effect until the charter granted by this act shall be accepted by such association at the next annual meeting of the association and until new by-laws shall be adopted, and that the present officers, directors, and trustees of said association shall continue to hold office and perform their respective duties as such until the expiration of the terms for which they were severally elected or appointed, and until their successors are elected. That at such annual meeting the active members of the National Educational Association, then present may organize and proceed to accept the charter granted by this act and adopt by-laws, to elecofficers to succeed those whose terms have expired or are about to expire, and gener. ally

organize the “ National Education Association of the United States," and that the board of trustees of the corporation hereby incorporated shall thereupon, if the charter granted by this act shall be accepted, receive, take over, and enter into possession, custody, and management of all property, real and personal, of the corporation heretofore known as the National Educational Association, incorporated as aforesaid under the Revised Statutes of the District of Columbia, and all its rights, contracts, claims, and property of every kind and nature whatsoever; and the several officers, directors, and trustees of such last-named association, or any other person having charge of any of the securities, funds, books, or property thereof, real or personal, shall on demand deliver the same to the proper officers, directors, or trustees of the corporation hereby created : Provided, Thai a verified certificate executed by the presiding officer and secretary of such annual meeting, showing the acceptance of the charter granted by this act by the National Educational Association shall be legal evidence of the fact, when filed with the recorder of deeds of the District of Columbia : And provided further. That in the event of the failure of the association to accept the charter

granted by this act at said annual meeting, then the charter of the National Educational Association and its corporate existence shall be, and are hereby, extended until the rst day of July, 1907, and at any time before said date its charter may be extended in the manner and form provided by the general corporation law of the District of Columbia.

SEC. 10. That the rights of creditors of the said existing corporation, known as the National Educational Association, shall not in any manner be impaired by the passage of this act, or the transfer of the property heretofore mentioned, nor shall any liability or obligation, or the payment of any sum due or to become due, or any claim or demand, in any manner. or for any cause existing against the said existing corporation, be released or impaired ; and the corporation hereby incorporated is declared to succeed to the obligations and liabilities, and to be held liable to pay and discharge all of the debts, liabilities, and contracts of the said corporation. so existing, to the same effect as if such new corporation had itself incurred the obligation or liability to pay such debt or damages, and no action or proceeding before any court or tribunal shali be deemed to have abated or been discontinued by reason of this act.

SEC. 11. That Congress may from time to time alter, repeal, or modify this act of incorporation, but no contract or individual right made or acquired shall thereby be divested or impaired.

Mr. Sullivan of Massachusetts-Mr. Speaker, I demand a second.

Mr. Southwick,I ask unanimous consent, Mr. Speaker, that a second may be considered as ordered.

The Speaker-Is there objection ? (After a pause.) The Chair hears none. The gentleman from New York is entitled to twenty minutes, and the gentleman from Massachusetts is entitled to twenty minutes.

Mr. Southwick,Mr. Speaker, this bill is intended to incorporate the National Education Association of the United States, and thereby change the title of the National Educational Association of the District of Columbia, the present title of the association. In other words, the primary object of the bill is to give the association a national title which will comport with its real character, inasmuch as the association embraces the forty-five States of the Union in its membership. That is the principal object of the bill.

Mr. Shackleford-Do you say that this association is already incorporated ?

Mr. Southwick-It is already incorporated in the District of Columbia, under the law of the District of Columbia, as the National Educational Association of the District of Columbia.

Mr. Tawney–And the charter expired last February.

Mr. Butler of Pennsylvania-Mr. Speaker, I desire to ask the gentleman a question.

Mr. Southwick-1 yield to the gentleman.

Mr. Butler of Pennsylvania—What changes are made in this proposed law from the old law? Will you be kind enough to inform us ?

Mr. Southwick—The association has already been incorporated in the District of Columbia, and this bill is intended to give it a national title by act of Congress. Instead of being the National Educational Association of the District of Columbia, it will be known as the “ National Education Association of the United States."

Mr. Butler of Pennsylvania—That is the only change between the old law and the proposed law ?

Mr. Southwick—That is the only change, in this respect.
Mr. McCall-I would like to ask the gentleman a question.

Mr. Sullivan of Massachusetts-Mr. Speaker, I ask for order > I would like to know what is going on over there.

Mr. McCall, I would like to inquire whether this act or bill is not favored by the leading educators of the United States ?

Mr. Southwick—The bill is certainly favored by the leading educators of the United States.

Mr. Sullivan of Massachusetts-Mr. Speaker —
The Speaker-For what purpose does the gentleman rise ?

Mr. Sullivan of Massachusetts—I rise to ask for order, so that we may be able to know the question which the gentleman from Massachusetts has propounded. I would like to hear.

The Speaker-The House is in exceptionally good order.

Mr. McCall-I inquired of the gentleman whether this legislation was not favored by the leading educators of the United States, and I understood him to say it was ; and I wish to add that I have received a letter from President Eliot, of Harvard University, in which he expresses himself as strongly in favor of this bill.

Mr. Southwick—Mr. Speaker, I would state, for the information of the gentleman from Massachusetts, that the Committee on Education has received hundreds of letters and telegrams from all sections of the Union in favor of this bill, and that but a single discordant note has been heard, and that on the part of one lady from Chicago, who insisted on appearing before the committee and being heard. The committee gave the lady a full hearing of over two hours; and after having discussed her argument fully, the committee reported this bill unanimously to the House.

Mr. Butler of Pennsylvania—This is a unanimous report?
Mr. Southwick-Yes.

Mr. Dalzell— Does this involve any extension of the powers of the corporation ?

Mr. Southwick—This does not involve any extension of the powers of the association, nor does it involve the Government of the United States in the expenditure of one dollar, directly or indirectly.

Mr. Graham-I will just state, in corroboration of the gentleman from Massachusetts, that I have received a number of letters from leading educators in Pennsylvania, especially western Pennsylvania, favoring this bill.

Mr. Southwick, I dare say that almost every Member of this House has received letters or telegrams from his constituents in favor of this measure.

Mr. Gaines of Tennessee-Will the gentleman yield ?
Mr. Southwick-1 yield to the gentleman from Tennessee.

Mr. Gaines of Tennessee—You say this association has been previously incorporated ?

Mr. Southwick-Yes; for twenty years.
Mr. Gaines of Tennessee-Where?
Mr. Southwick-In the District of Columbia.
Mr. Gaines of Tennessee-Under the District laws ?
Mr. Southwick-Under the District laws.

Mr. Gaines of Tennessee-Why do you want to incorporate it by a national law ?

Mr. Southwick-It is proposed to reincorporate it.
Mr. Gaines of Tennessee-What is the matter with the present charter ?
A Member-It has expired.

Mr. Southwick—The purpose is that the association shall be reincorporated in the District of Columbia, but with a national title, in order to make the title of this association comport with its real nature.

Mr. Gaines of Tennessee-Why have you changed the name?

Mr. Southwick—The Committee on Education embraces a great deal of legal talent, but I myself am not a lawyer. During the four days’ careful attention which we gave to the subject the room of the Committee on Education reminded me of the Supreme Court of the United States; and in order that the gentleman may be fully answered I will yield five minutes to my colleague from North Carolina (Mr. Webb).

Mr. Gaines of Tennessee—The gentleman has gotten almost red in the face and seems a little unpleasant about his answers.

Mr. Southwick-Oh, no.

Mr. Gaines of Tennessee—“ The gentleman from Tennessee" is a lawyer and is trying to ask some questions about your bill.

Mr. Southwick,Will the gentleman kindly refer his questions to the gentleman from North Carolina (Mr. Webb), who is a lawyer ?

Mr. Gaines of Tennessee, I will do so.
Mr. Southwick-I reserve the balance of my time.

Mr. Webb—Mr. Speaker, I fear that several Members are frightened on account of the name of this association. I assure them that there is nothing unusual in this name. If you will look on page 3 of the bill you will find that these men, two from each State, “ are hereby incorporated and declared to be a body corporate of the District of Columbia by the name of the National Education Association of the United States.'"

Mr. Shackleford—What is the capital stock?

Mr. Webb-There is no capital stock, not a share of it. It is purely an altruistic institution for the upbuilding of education in the United States.

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