Chapter 3929. To incorporate the National Education Association of the United States
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CHAP. 3929.— An Act To incorporate the National Education Association of the United States. June 30, 1906. [[H. R. 10501](/us/bill/59/hr/10501).] [[Public. No. 398](/us/pl/59/398).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, District of Columbia.National Education Association of the United States incorporated. That the following persons, who are now the officers and directors and trustees of the National Educational Association, a corporation organized in the year eighteen hundred and sixty-six, under the Act of general incorporation of the revised statutes of the District of Columbia, namely:
Incorporators.Nathan C. Schaeffer, Ephraim Oram Lyte, of New Lansing, Pennsylvania; Isaac W. Hill, of Alabama; Arthur J. Matthews, of Arizona; John H. Hinemon, George B. Cook, of Arkansas; Joseph O’Connor, Joseph L. Pickard, Arthur H. Chamberlain, of California; Aaron Gove, Ezekiel H. Cook, Lewis C. Greenlee, of Colorado; Charles H. Keyes, of Connecticut; George W. Twitmyer, of Delaware; 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 W. Storm, of Iowa; John W. Spindler, Jasper N. Wilkinson, A. V. Jewett, Luther D. Whittemore, of Kansas; William Henry Bartholomew, of Kentucky; Warren Easton, of Louisiana; John S. Locke, of Maine;
M. Bates Stephens, of Maryland; Charles W. Eliot, Mary H. Hunt, Henry T. Bailey, of Massachusetts; Hugh A. Graham, Charles G. Whiting, 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 W. 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; James Y. Joyner, Julius Isaac Foust, of North Carolina; Pitt Gordon Knowlton, of North Dakota; T. J. Corson, Jacob A. Shawan, Wells L. Griswold, of Ohio; Edgar S. Vaught, Andrew R. Hickam, of Oklahoma; Charles Carroll Stratton, Edwin D. Ressler, 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. 805Christensen, of Utah; Henry O. 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.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 Purposes.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 National Council of Education, etc., included.Departments.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 Powers.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 tor any educational purpose within the objects of the corporation.
Sec. 4. That all real property of the corporation within the District Real estate holdings, etc.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 Exempt from taxes.from taxation: *Provided, however*, That this exemption shall not apply *Provisos*.Exception.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 Annual report.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 Membership.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, Officers.twelve vice-presidents, a secretary, a treasurer, a board of directors, an executive committee, and a board of trustees. 806 Board of directors.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 Life members.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 Powers of board.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.
Executive committee.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.
Board of trustees.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 Vacancies.one trustee for the term of four years. All vacancies occurring 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. Permanent fund of the National Educational Association. 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, Restriction on expenditure.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 association, 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 Use of income.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, Payment of bills.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 Investment of surplus funds.of the board of directors. When practicable, the board of trustees shall invest, as part of the permanent fund, all surplus funds exceeding five hundred dollars that shall remain in the hands of the treasurer after paying 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.
Secretary.The board of trustees shall elect the secretary of the association, who shall also be secretary of the executive committee, and shall fix 807the compensation and the term of his office for a period not to exceed four years. Sec. 8. That the principal office of the said corporation shall be in Principal office.the city of Washington, District of Columbia: *Provided*, That *Proviso.*Meetings.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 National Educational Association.Charter, constitution, etc., to continue in force, etc.Educational 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 Acceptance of new charter, etc.Educational Association then present may organize and proceed to accept the charter granted by this Act and adopt by-laws, to elect officers to succeed those whose terms have expired or are about to expire, and generally to 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 be accepted, receive, Transfer of property.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*, That a verified certificate executed *Provisos*.Verified certificate.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 Failure to accept charter.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 thirty-first day of July, nineteen hundred and eight, 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, Rights of creditors not affected.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 shall be deemed to have abated or been discontinued by reason of this Act. 808 Sec. 11.
Amendment. That Congress may from time to time alter, repeal, or Rights not to be impaired.modify this Act of incorporation, but no contract or individual right made or acquired shall thereby be divested or impaired. Approved, June 30, 1906.