Constitution and rules and regulations of the United Spanish war veterans

Front matter

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Section I. Objects. The objects for which tliis Order is organized are as follows

First. To unite in fraternal bonds, through a national organization with state, local and other sub-divisions, those men who served in the military or naval establishments of the United States of America at any time during the war with Spain, and at any time during the campaigns incidental to and growing out of that war.

Second. To honor the memory and preserve from neglect and oblivion the graves of the dead.

Third. To assist former comrades and shipmates, their widows, orphans, and dependent relatives, such as need help, encouragement, and protection.

Fourth. To perpetuate the memories of the war with Spain and the campaigns in the Philippine Islands and in China, and to collect and preserve the records of service of the individual members of the Order.

/•"/////. To promote the best interest of those who participated in the war with Spain and the campaigns in the Philippine Islands^ and in China.

Art. 2 OBJECTS AND PROHIBITIONS XIIT

Sixth. To inculcate the principles of universal liberty, equal rights and justice to all mankind, of loyalty to our country, reverence for its -institutions, obedience to its laws, and respect for its magistrates, to encourage honor and purity in public affairs, and to discountenance whatever tends to weaken these sentiments among our people.

Seventh. To encourage and promote the maintenance of an adequate military and naval establishment in our country, and an efficient military and naval force in the several states, with a proper system for organizing a volunteer army in time of war.

Eighth. To educate our people to a sense of the necessity for making provision for national defense, and to the importance of educating and training the youth of our land, so that they may be able efficiently to serve their country and defend the flag in time of war-

Ninth. To so develop the Order that it may be a valuable aid to the army and navy, and the government during any future war.

Section 2. Partisan Politics Prohibited

While requiring of every member of the Order that he shall perform his full duty as a citizen, agreeably to his own conscience and the best of his understanding, the United Spanish War Veterans shall be absolutely non-partisan, and

XIV CONSTITUTION Art. 3

shall not be used for the dissemination of partisan principles, nor for the promotion of the candidacy of any person seeking public office or preferment ; and no discussion to the furtherance of either of those ends shall be permitted at any convention or meeting.

Section 3. Sectarian Discussions Prohibited

The religious belief of all sects and denominations shall be equally respected in this Order, and no discussion or remarks advocating or attacking the creed, doctrines, or form of worship peculiar to any body of believers, shall be permitted at any convention or meeting.

Article III.

MEMBERSHIP.

Section i. Classes of Membership. This Order shall consist of active members termed "comrades," limited strictly to the class of persons defined in section 2 of this article; and, in addition thereto, there shall be an honorary membership, to be limited strictly to the class of persons defined in section 3 of this article.

Section 2. Eligibility to Active Membership.

Officers, soldiers and sailors, of the Army, Navy, or Marine Corps of the United States of America, including acting assistant surgeons, contract doctors, dentists, and veterinary sur-

Art. 3 MEMBERSHIP XV

geons, all officers and enlisted men in the United States Revenue Cutter Service on vessels temporarily under the control of the War or Navy Departments, all commissioned medical officers of the United States Marine Hospital Service, all officers and enlisted men in the Philippine Scouts and other organizations of native troops maintained by the War Department in the Philippine Islands, and all Paymasters' clerks actually on duty in the field or aboard ship, who served at any time during the v^^ar betv^^een the United States of America and the Kingdom of Spain, or at any time during the war for the suppression of the insurrection in the Philippine Islands prior to July 4, 1902, and who either have been honorably discharged from the service or still continue in the same, shall be eligible to active membership in the United Spanish War Veterans; provided, however, that no person shall be admitted to active membership who, upon investigation, is found to be of bad moral character or of low repute in the community in which he resides, or who, having been honorably discharged from the service of the United States, has re-entered the same and has subsequently received a discharge which is not honorable.

Section 3. Eligibility to Honorary Membership. Any American soldier, sailor or

XVI CONSTITUTION Art. 3

marine of honorable record who served in any war of the Ignited States of America, prior to April 21, 1898, includincr alike those who ser^•ed during the Civil Wav in the Union or Confederate Armies, and any person of either sex w^ho, w^ithin the periods of time mentioned in section 2 of this article, performed distinguished or faithful service for the United States, or actively engaged in efforts for the relief of disabled and suffering soldiers, sailors and marines, or who, to a conspicuous extent, became interested in promoting the moral welfare and physical comfort of men on duty in camp, in the field, or aboard ship, or who tendered their services to the government and were placed on waiting orders, or who have performed or may perform distinguished service beneficial to the organization, shall be eligible to honorary membership in any Camp of the United Spanish War Veterans; provided, however, that such person is not eligible to active membership nor debarred from active membership by the proviso in section 2 of this article; provided, further, that the approval of the Department Commander and Commander-in-Chief must be obtained before electing to honorary membership in a Camp any person possessing the foregoing qualifications, except veteran soldiers, sailors and marines ; and pro-

Art. 4 ORGANIZATION XVII

vided, still further, that the required approval of a proposition for honorary membership shall be w^ithheld unless the eligibility of the candidate shall be clearly established by the resolution from the Camp submitting said proposition, and unless the responsible officials are convinced, from their own knowledge, or by investigation, that the candidate is worthy in all respects of the honor sought to be conferred.

Section 4. Rights of Honorary Membership

The rights of honorary membership shall be restricted to the privilege of sitting in the meetings of the Camp by which it is conferred, without taking any part in the business thereof ; provided, however, that by unanimous consent honorary members of any Camp may sit in the meetings of a Camp.

Article IV.

ORGANIZATION.

Section i. Enrollment. The comrades of this Order shall be enrolled and hold membership in local subdivisions thereof, each to be styled a *'Camp." No comrade shall be a member of two Camps at the same time.

Section 2. Subordinate Subdivisions. For

the better administration of the affairs of the

XVIII CONSTITUTION Aft. 5

Order, and to promote its interests, Camps may be grouped in state or territorial subdivisions, each to be styled a "Department" or a "Provisional Division," and into municipal and vicinity subdivisions, as prescribed in the Rules and Regulations of the Order.

Section 3. Government of Subdivisions. All

Camps, Departments, and other subdivisions, shall be subordinate to the supreme governing powers of the National organization, and shall be governed as prescribed by authority of the National Encampment. No comrade ^hall be eligible to office in a subordinate subdivision who is not in good standing.

Section 4. Prime Allegiance. While every comrade owes allegiance to his Camp and to the Department or other subdivision of v/hich it mav be a part, his prime allegiance is to the Order.

Article V.

GOVERNMENT.

The government of the Order shall be vested in the National organization, consisting of a supreme legislative body, with judicial powers as hereinafter provided, to be designated the "National Encampment," and a National executive to be designated the "Commander-

Art. 6 THE NATIONAL ENCAMPMENT XTX

in-Chief," with subordinate National officers, committees and other agencies designated and authorized by this Constitution.

Article VL

THE NATIONAL ENCAMPMENT.

Section i. Legislative Powers. The National Encampment shall exercise supreme legislative authority and power over the United Spanish War Veterans, limited only by the provisions of this Constitution, and by the terms and provisions of all the agreements of amalgamation heretofore entered into by the various associations now composing this Order.

Section 2. Judicial Powers. The National Encampment shall exercise the judicial powers prescribed for it in article XI of this Constitution, and is the court of final resort of the Order, but the National Encampment shall delegate its powers as such court of final resort, under the limitations hereinafter prescribed in this section, to a Committee on Appeals and Grievances, to be appointed by the Commander-in-Chief with the approval of a majority of the National Council of Administration, a majority of said Committee to be members of the legal profession. Such Committee on Appeals and Grievances shall report to the Na-

XX CONSTITUTION Art. 6

tional Encampment, for the information of that body, its action on all matters submitted to it, but no question or matter passed upon by said Committee shall be considered or discussed by a convention of the National Encampment except by and upon a two-thirds vote of all members present and voting, and no decision of said Committee shall be rejected or reversed except by and upon a two-thirds vote of such members present and voting.

Section 3. Composition. The National Encampment shall consist of members as follows :

First. The National ofBcers for the time being, both elective and appointive, except Aides-de-Camp on the stafif of the Commander-in- Chief.

Second. All Past Commanders-in-Chief who are in good standing in their respective Camps.

Third. All Department Commanders, and all Past Department Commanders who are in good standing in their respective Camps.

Fourth. All Provisional Division Commanders, and all Senior Vice Department Commanders and Junior Vice Department Commanders for the time being who are in good standing in their respective Camps.

Fifth. Delegates, or their alternates, from each duly constituted Department, not under suspension, in the ratio of four Delegates-at-

Art. 6 LEGISLATION XXI

Large from each Department to be represented. Each delegate and alternate niust be a member in good standing of a Camp in good standing of the Department.

Sixth. Delegates, or their alternates, from each duly constituted Camp in good standing, whether within the jurisdiction of a Department or unattached, in the ratio prescribed in the Rules and Regulations of the Order. Each delegate and alternate must be a member in good standing in his Camp.

Section 4. Alternates. The right of representation by alternates, and the rights of alternates, shall be as prescribed by authority of the National Encampment.

Section 5. Conventions. An annual stated convention of the National Encampment shall be held, and special conventions may be called, at such time and in such manner as may be prescribed by authority of the National Encampment.

Section 6. Quorum. At all conventions of the National Encampment any number of members shall constitute a quorum, provided that representatives of not less than ten different Departments are present and sitting.

Section 7 Legislation, a. The supreme legislative authority of the National fCncamp-

XXTI CONSTITUTION Art. 6

ment shall be expressed in formal enactments adopted at its conventions, which shall constitute the permanent or temporary laws of the Order.

b. Enactments establishinf^ laws of a permanent character shall constitute and be published as the Rules and Regulations of the Order; provided, however, that enactments establishing- ritualistic and ceremonial forms and instructions shall be published in a Ritual and a Book of Ceremonies, and that enactments establishing forms and procedure shall be published as may be directed from time to time by authority of the National Encampment.

c. Enactments other than those establishing permanent laws for the government of the Order shall be classed as special enactments and shall be published as directed by authority of the National Encampment.

d. The wishes, sentiments and opinions of the National Encampment in matters not requiring legislative action shall be expressed in formal resolutions which in each case shall be published as directed. All recommendations contained in resolutions adopted by the National Encampment shall be fulfilled.

e. Proposed enactments inxolving amendments of or additions to the Rules and Regu-

Art. 6 LEGISLATION XXIII

lations, the Ritual, the Book of Ceremonies, and Forms and Procedure, shall require for adoption, a two-thirds vote of all members present and voting at a stated or special convention of the National Encampment ; other proposed enactments and resolutions shall require for adoption a majority vote of all members present and voting. Any enactment adopted by the National Encampment shall in addition require the approval of the incoming Commander-in-Chief. Should he fail to approve or disapprove within thirty days after the adjournment of the National Encampment, an enactment shall be operative without his approval. Should the incoming Commander-in- Chief disapprove any enactment adopted, he shall submit such disapproval with his reasons therefor to the National Council of Administration, and if the National Council of Administration concurs by a majority vote, such enactment shall be suspended until the next stated convention of the National Encampment and notice of such suspension shall be published at once in General Orders. If the next stated convention of the National Encampment shall again adopt such enactment by a majority vote of all members present and voting it shall be declared adopted and operative without the approval of the Commander-in-Chief.

xxrv CONSTITUTION Art. 6

f. The Rules and Regulations of the Order shall not be suspended by the National Encampment in convention assembled, except for a definite purpose, and then only b'y a two-thirds vote of all members present and voting; nor shall any section of the Rules and Regulations be suspended, unless by unanimous consent, that gives any right to a minority as small as one-third-

Section 8. Judge of its Own Membership.

The National Encampment is the judge of its own membership subject to the restrictions of this Constitution.

Section 9. Taxation. The National Encampment is empowered to establish such a system of taxation as may be necessary and desirable.

Section 10. Definition of Good Standing of a Camp. A Camp whose charter has not been revoked, nor s'uspended, and which is not "delinquent," is in "good standing." A Camp is "delinquent" when it is indebted to the National organization, or to the Department to which it is attached, in any sum whatever or for any report required by the Rules and Regulations for over thirty days from the time when such amount or report was due.

Art. 7 COMMANDER-IN-CHIEF XXV

Section ii. Definition of a Comrade in Good Standing. A comrade is in "g-ood standing;" when he is not deprived of any of his rights by sentence of a Court Martial, is not under suspension, and is not "delinquent." A comrade is ''delinquent" when he is in arrears for dues for over three months, or for fines for over thirty days.

Section 12. Other Definitions, etc. All definitions, of powders, prerogatives and functions and all other matters not specifically set forth in this Constitution shall be as prescribed by authority of the National Encampment.

Article VII.

POWERS OF THE COMMANDER- IN-CHIEF.

Section i. Executive Power. As the Chief Executive of the United Spanish War Veterans the Commander-in-Chief shall be possessed of full power to enforce the provisions of this Constitution and the will of the National Encampment pursuant thereto.

Section 2. Suspension, Disbandment, etc.

He shall have the power to suspend any Department or Camp, or disband the same and revoke the charter thereof for violation of any

XXVI CONSTITUTION Art. 8

of the provisions of this Constitution or of the Rules and Regulations, or of any other enactment of the National Encampment, or for any neglect or refusal to obey his lawful orders, and to discontinue any Provisional Division at his discretion.

Section 3. Dispensation. He shall have the power, upon application in writing, in the intervals between conventions of the National Encampment, to grant dispensation in specific cases for suspension of the methods of procedure established for the government of the Order, provided the same is not inconsistent with the provisions of this Constitution ; and provided, further, that each special dispensation so granted shall be reported to the National Encampment for its approval or disapproval.

Article YIII.

OFFICERS.

Section i. National Officers. Besides the Commander-in-Chief, the National Officers shall consistofa Senior A^ice Commander-in-Chief and a Junior Vice Commander-in-Chief, all three of whom to be elected by a National Encampment at the stated convention thereof, to serve for a term of une year and until the qualifica-

Art. 9 OFFICERS XXVII

tion of their successors elected by the succeeding National Encampment, and such other officers as may be prescribed by authority of the National Encampment. A comrade who is not in good standing shall not be eligible to a National office.

Section 2. Succession to Commander-in- Chief. vShould the office of Commander-in- Chief become vacant, the Senior Vice Commander-in-Chief shall succeed to the same for the balance of the unexpired term, and he shall be succeeded in his office by the Junior Vice Commander-in-Chief for the balance of the unexpired term.

Section 3. Other Officers. The method of electing and of appointing officers and of filling vacancies, except as provided in this article, shall be as prescribed in the Rules and Regulations of the Order.

Article IX.

NATIONAL COUNCIL OF ADMINISTRATION.

A National Council of Administration shall be constituted in such manner, and w^ith such powders, consistent w^ith this Constitution, as shall be prescribed by the National Encampment.

XXVIII CONSTITUTION Art. II

Article X.

TRIAL BY COURT-MARTIAL.

Section i. Essential Features. No penalty for a violation of the Code of Discipline of the Order shall be inflicted until the comrade accused has had a fair and impartial trial by court-martial upon written charges and specifications and a majority of the court are for conviction.

Section 2. Liability as to Commander-in- Chief. The Commander-in-Chief shall not be liable to trial by court-martial during his tenure of office, but at the end of his term, or after resignation or removal upon impeachment, he may be tried for offenses committed while in office or prior thereto.

Article XI.

IMPEACHMENT.

The Commander-in-Chief alone shall be liable to impeachment for malfeasance in office or for misconduct of a nature likely to bring the organization into disrepute, whether or not the acts complained of are specially prohibited by the Code of Discipline. The National Encampment shall try all impeachments sitting as a court, and the method of procedure and the conviction and sentence in the case <.)f an im-

Art. 12 AMENDMENTS XXIX

peachment trial, shall be as prescribed in the Rules and Regulations of the Order.

Article XII.

AMENDMENTS.

Section i. Authority. This Constitution may be altered, amended, or added to by a two-thirds vote of all members present and voting at two consecutive stated conventions of the National Encampment.

Section 2. Proposition. A proposition to alter or amend the Constitution in any manner may be submitted by any Department Encampment or by any ten members of the National Encampment.

Section 3. Publication of Proposition, etc.

The original proposition may be discussed, altered or amended at either of the stated conventions having consideration thereof. The originally proposed amendment, with any suggested alteration, shall be published and submitted for the information of every Camp of the Order at least six months before the convening of the second stated convention of the National Encampment to which such proposition is to be submitted. The action of the second convention of the National Encampment having consideration of the proposition shall be final.

SPECIAL COMMITTEE ON REVISION OF RULES AND REGULATIONS 1910

Appointed in General Orders No. 7, Series 1909, pursuant to vote of the Fifth National Encampment.

Past Commander-in-Chief Willis W. Stover of the Department of Massachusetts.

Adjutant General Henry H. Saunders of the Department of Connecticut.

Inspector General Louis Epple of the Department of Massachusetts.

National Aide-de-Camp Oscar T. Taylor of the Department of Pennsylvania.

Department Judge Advocate W. Martin Watson of the Department of New York.

Members ex officio Commander-in-Chief Charles W. Newton Commander-in-Chief Edward J. Gihon.

Note: Comrade Watson did not serve and upon retiring as Commander-in-Chief, Comrade Newton was substituted for him on the committee, after which Commander-in-Chief Gihon became member ex-offi-cio.

SPECIAL COMMITTEE ON REVISION OF RULES AND REGULATIONS 1920

Past Department Commander, Henry H. Saunders of the Department of Connecticut.

Members ex officio

Commander-in-Chief Daniel V. Chisholm.

Commander-in-Chief William Jones.

Note: Special Committee appointed in 1916 by Comrad Chisholm, then Commander-in-Chief. Publication in charge of said special committee, under the direction of Commander-in- Chief Jones.

[XXX]

RULES and

REGULATIONS

Part One GENERAL PROVISIONS SUMMARY IN'Dp;X

Page

ART. I.

CONSTITUTIONAL BASIS.

ART. II.

SUBORDINATE SUBDIVISIONS.

Sec. 1.

Sec. 2.

Organization.

Limitations.

2 3

ART. III.

NATIONAL HEADQUARTERS.

Sec. 3.

Location.

ART. IV.

GOVERNMENT OF UNATTACHED CAMPS.

Sec. 4.

Definition.

ART. V.

GENERAL DUTIES OF OFFICERS.

Sec. 5.

Scope.

ART. VI.

BONDING.

Sec. 6.

Invariable Rule,

ART. VII.

OBSERVANCES.

Sec. 7.

Sec. 8.

Memorial Day.

Other Days to be Observed.

6 6

2 GENERAL PROVISIONS Part I

Article I.

CONSTITUTIONAL BASIS.

These Rules and Regulations of the United States Spanish War Veterans, are based on the Constitution which contains the fundamental laws of the organization and authority for enactment by the National Encampment of the laws herein set forth.

Article II.

SUBORDINATE SUBDIVISIONS.

Section i. Organization, a. In accordance with section 2, article IV of the Constitution, the Camps of the organization may or shall, under conditions hereinafter prescribed, be grouped in municipal or vicinity subdivisions, each to be styled a "Council," and also in state or territorial subdivisions, each to be styled a ''Department;" Camps located in territory not under the jurisdiction of a Department may also, under certain conditions hereinafter prescribed, be temporarily grouped in state or territorial subdivisions, each to be styled a ''Provisional Division."

b. Camps not under the jurisdiction of a Department may for convenience be referred to as "unattached" Camps. Camps composed of members, all of whom belong to some one

Art. 2 SUBORDINATE SUB-DIVISIONS 3

regiment or other unit of the United States Army, or to some one ship of the United States Navy, may for convenience be referred to as "traveling" Camps, and the location of a traveling Camp shall be the place where such regiment or unit, or where such ship, is stationed, and shall change from time to time as the station of such unit or ship is changed.

Section 2. Limitations, a. All Camps organized into a Council shall be subordinate thereto, but independent of all other Councils, except that Camps in a Municipal Council may also be in a Vicinity Council.

b. All Camps located in territory within the jurisdiction of a Department, except traveling Camps not attached thereto, shall be directly subordinate to such Department, but independent of all other Departments and Provisional Divisions. »

c. All Camps within the jurisdiction of a Provisional Division shall be directly subordinate to the National organization through officers appointed by the Commander-in-Chief, but independent of all Departments and other Provisional Divisions. All other unattached Camps shall be directly subordinate to the National organization-

d. All Councils within the jurisdiction of a

4 GENiiiRAL rKOvTSioNS Part 1

Department or Provisional Division shall be directly subordinate to the superior subdivision to which the Camps thereof are subordinate under the provisions of subsections b and c of this section, and each shall be independent of all other Councils.

e. In accordance with section 3, article I\' of the Constitution, all subordinate subdivisions shall be subject to the governing powders of the National or^^anization.

Article III.

NATIONAL HEAD0UARTP:RS.

Section 3. Location. The office of the chief executive of the United Spaxtsit A\\\r A^ETERANS shall bc styled "National Headquarters" and shall be locate/1 at the place of residence of the Commander-in-Chief, or as otherwise designated by him in orders: provided, however, that such National Headquarters shall be located at a place within the domestic territory of the LTnited States, and not in a foreign country or in the foreign possessions of the United States, even though the Commander-in-Chief ma}- reside in such foreign parts.

Art. 6 NATIONAL HEADQUARTERS 5

Article IV.

GOVERNMENT OF UNATTACHED CAMPS.

Section 4. Definition. The |^overnin<;- powers of the National or^^anization shall stand toward all unattached Camps in the relation of the pfoverning powers of a Department : and the National officers shall perform all the duties with respect to unattached Camps as are prescribed for the corresponding officers of a Department with respect to Camps within its jurisdiction.

GENERAL DUTIES OF OFFICERS.

Section 5. Scope. In addition to the duties prescribed by the Constitution and these Rules and Regulations, all officers and past officers shall perform such other duties as may be required of them b}' the Ritual and the Book of Ceremonies.

Article VI.

BONDING.

Section 6. Invariable Rule. Each accountable officer of the organization shall be bonded, with an indemnity company as surety, in a

6 GENERAL PROVISIONS Part I

sum at least double the amount of funds and value of property for which, so far as can be anticipated, he may be accountable. The fee for the bond shall be paid from the funds of the National organization. Department, Council, or Camp, as the case may be, to which each officer is accountable.

Article VII.

OBSERVANCES.

Section 7. Memorial Day. The thirtieth day of May in each year shall be observed by this organization as Memorial Day, in the manner prescribed by established custom among veterans- Whenever the thirtieth day of May falls upon Sunday the thirty-first day of May shall be so observed.

Section 8. Other Days to be Observed.

Ilie Camps shall observe Flag Day, and an Annual Muster Day on the 21st day of April in each year ; provided, however, that whenever a camp, owing to local conditions, is unable to observe Annual Muster Day on x\pril 2 1st, said day shall be observed on the nearest convenient date. Departments and Camps may provide in their by-laws, or otherwise, for the observance of anniversaries of events connected with the War with Spain, and its incidental campaigns.

Part Two CAMPS

Page ART. I. FORMATION. 12 Sec. 9. Application for Charter. 12 Sec. 10. Commission for First Meeting. 12 Sec. 11. Proceedings at First Meeting. 13 Sec. 12. Institution. 15 Sec. 13. Name and Number. 16 Sec. 14. Reorganization of Disbanded Camps. 17 Sec. 15. Change of Location. 17 Sec. 16. ConsoUdation. 18 Sec. 17. Limitation of Camps in Small Municipalities. 19

ART. II. OUTPOSTS. 19

Sec. 18. Formation and Government. 19

ART. III. DELINQUENCY OF CAMPS: PENAL- TIES AND REINSTATEMENT 20 Sec. 19. Proceedings on Delinquency. 20

Sec. 20. Privileges Lost by Delinquent Camps. 22

Sec. 21. Suspended Camps: When to be Disbanded. 23

ART. IV. ADMISSION TO MEMBERSHIP. 23

Sec. 22. Charter Members. 23

Sec. 23. Application for Membership. 25

CAMrS