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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.White, William H. Elson, of Michigan; *William, F. Phelps, Irwin Shepard, John A. Cranston, of Minnesota; Robert B. Fulton, of Missisippi; 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; James Y. Joyner, Julius Isaac Foust, of North Carolina; Pitt Gordon Knowlton, of North Dakota; Oscar T. Corson, Jacob A. Shawan, Wells L. Gristold, of Ohio; Edgar S. Vaught, Andrew R. Hickham, of Oklahoma; Charles CarTall 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. Christensen, 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 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; *Deceased.
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-viz., 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 VicePresidents, 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 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. 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 twothirds 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 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 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.
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 a period not to exceed four years.
SEC. 8. That the principal office of the said corporation shall be in the city of Washington, District of Columbia, 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 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 s hall 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 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, 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 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 thirtyfirst 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, 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.
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.
Approved June 30, 1906.
Accepted and adopted as the Constitution of the National Education Association of the United States by the active members of the National Educational Association in annual session at Los Angeles, Cal., July 10, 1907.
(Adopted at meeting of active members held in Los Angeles, Cal., July 10, 1907.)
SECTION 1. Teachers and all who are actively associated with the management of educational institutions, including libraries and educational publications, may become active members.
SEC. 2. Any eligible person may become an active member upon application indorsed by two active members, and the payment of an enrollment fee of two dollars and the annual dues for the current year.
SEC. 3. Active members only shall have the right to vote and to hold office in the Association, in the National Council of Education, or in the several departments.
SEC. 4. All active members shall pay annual dues of two dollars, and shall be entitled to the volume of Proceedings without "coupon" or other conditions.
SEC. 5. The annual membership fee shall be payable at the time of the annual convention, or by remittance to the Secretary before September first of each year.
SEC. 6. Any active member many discontinue membership by giving written notice to the Secretary before September first in any year, and may restore the same only on payment of the enrollment fee of two dollars and the annual dues for the current year. A written application for active membership shall constitute an agreement to continue such membership and pay annual dues, unless written notice of discontinuance is sent to the Secretary before September first of the fiscal year for which such discontinuance shall apply.
SEC. 7. Eminent educators not residing in America may be elected by the Board of Directors to be corresponding members. The number of corresponding members shall at no time exceed fifty.
SEC. 8. Corresponding members shall be entitled to the volume of Proceedings without the payment of fees or other conditions.
SEC. 9. Any person on paying an annual membership fee of two dollars may become an associate member.
SEC. 10. Associate members may receive the volume of Proceedings in accordance with the usual "coupon" conditions, as printed on the membership certificate.
SEC. 11. All life members and life directors shall be denominated active members and shall enjoy all the powers and privileges of such members without the payment of annual dues.
ROLL OF MEMBERS
SEC. 12. The names of active, life, and corresponding members only shall be printed in the annual Yearbook, with their respective educational titles, offices, and addresses and the list shall be revised annually by the Secretary of the Association.
ARTICLE II-OFFICERS AND COMMITTEES
SECTION 1. The President, Vice-Presidents, Directors, and Treasurer shall be chosen by the active members of the Association by ballot, unless otherwise ordered, on the third day of each annual session, a majority of the votes cast being necessary to a choice. They shall continue in office until the close of the annual session subsequent to their election and until their successors are chosen, except as hereinafter provided.
COMMITTEE ON RESOLUTIONS
SEC. 2. At the first session of each annual meeting of the Association the President shall appoint a Committee on Resolutions.
COMMITTEE ON NOMINATIONS
SEC. 3. At the third session of each annual meeting of the Association there shall be appointed by the President a Committee on Nominations, consisting of one member from each state and territory represented. Such a committee shall be appointed by the President on the nomination of a majority of the active members from such state or territory present at the meeting called for the purpose of making such nomination; provided, however, that such appointment shall be made by the President without such nomination, when the active members in attendance from any state or territory shall fail to make a nomination.
SEC. 4. The meetings of the active members of the several states to nominate members of the nominating committee shall be held at 5:30 P. M. on the first day of the annual meeting of the Association, at such places as shall be announced in the general program.
ARTICLE III-DUTIES OF OFFICERS
SECTION 1. The President shall preside at all meetings of the Association and of the Board of Directors, and shall perform the duties usually devolving upon a presiding officer. In his absence the first Vice-President in order, who is present, shall preside; and in the absence of all the Vice-Presidents, a pro tempore chairman shall be appointed on nomination, the Secretary putting the question.
SEC. 2. The Secretary shall keep a full and accurate report of the proceedings of the general meetings of the Association and of all meetings of the Board of Directors, and shall conduct such correspondence and transact such other business of the Association as the directors or Executive Committee may assign, and shall have his records present at all meetings of the Association and the Board of Directors.
SEC. 3. The Treasurer shall receive, and under the direction of the Board of Trustees hold in safekeeping, the current income of the Association; shall expend the same only upon order of said board; shall keep an exact account of his receipts and expenditures, with vouchers for the latter; which accounts, ending the first day of July in each year, he shall render to the Board of Trustees and, when approved by said board, he shall report to the Board of Directors. The Treasurer shall give such bond for the faithful discharge of his duties as may be required by the Board of Trustees; and he shall continue in office until the first meeting of the Board of Directors held prior to the annual meeting of the Association next succeeding that at which he is elected, and until his successor has been elected and has qualified.
AUDITOR OF ACCOUNTS
SEC. 4. It shall be the duty of the President, Secretary, and Treasurer of the Association to appoint annually some competent person to examine the securities of the Permanent Fund held by the Board of Trustees, and his certificate, showing the condition of the said fund, shall be attached to the annual report of the Board of Trustees.