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working conditions. And when any organization asks for those things for the working man, I am with them first last and all the time. And those are the matters which have been the points of tension between capital and labor in past industrial conflicts. But this conflict, Mr. Lewis wants not so much happiness and security for the working man as he wants the closed shop and the check off for the Committee for Industrial Organization, and incalculable power for John L. Lewis. The closed shop and the check off are devices which turn free men into serfs, and they would give Mr. wis, unlimited power and resources, more power in fact than it is safe for any man to have if we expect to keep in the future our present democratic and representative form of government. Therefore, I cannot be too emphatic in declaring to you that the citizens' and steel worker's committee of Johnstown is not standing with the corporation and against the union but rather with the laboring man and against his greatest enemy, the Committee for Industrial Organization.
If a tree is known by its fruits then the Committee for Industrial Organization has nothing to offer to working men except servitude, strikes, and sorrow. And the American working man has not a very hopeful future to look forward to until this organization is restrained and made subject to constitutional authority. And it is my own humble prediction that the final overthrow of the Committee for Industrial Organization will come not from the opposition and pressure from the outside, but from the revolt and dissension within the organization itself. For men who have ever known what freedom is are not going to stand forever for being treated as helpless pawns in the hands of a master who is using them to achieve his own selfish ends. The end of this thing may be nearer than we suppose. If the shrewd comment of a big husky Italian which was made to a friend of mine this afternoon is true, then that is the case. He was asked if he was going to join the Committee for Industrial Organization and he said, “No; the C. I. O. she bust.”
My friends, this is not Johnstown's problem alone. It is the problem of all citizens who helieve in the freedom, the majesty, and the integrity of labor. We are simply saying and ask you to join with us in saying boldly and without hesitation that no man and no organization has the right to possess the body and the soul of the working man. He is free and he shall remain free. And no Governor of any State has a right to take from a man that which God and the laws of our glorious country have guaranteed to him, which is the right to work. If you believe in justice of this cause, you join hands with us by sending a contribution, even though it has to be a small one, to the treasurer of our citizens' and steel workers' committee, Mr. George C. Rutledge, Box H, Johnstown, Pa. help us to defend the rights of our working, your working men, and working men throughout our land. Good night, and I thank you for the help which I know you will give.
Pursuant to lawful authority, you are hereby commanded to appear before the Subcommittee of the Committee on Education and Labor of the Senate of the United States, on November 15, 1937, at 10 o'clock a. m., at their committee room 247-C, Senate Office Building, Washington, D. C., then and there to testify what you may know relative to the subject matters under consideration by said committee, and not to depart without leave of said committee, and bring with you the following records of the Johnstown Chamber of Commerce, Johnstown, Pa., hereinafter referred to as the “Association."
1. Certified copies of your constitution, bylaws, and declaration of principles.
2. A certified copy of the form of your membership agreement, and all records showing the names and addresses of your members and the dues or other contribntions made by them, from January 1, 1933, to the date hereof.
3. All documents, minutes, or records, showing the names and addresses and dates of appointment, or election of all officers, directors, and all members of all committees, and the chairman and officers thereof, from January 1, 1933, to the date hereof.
4. All minute books, resolutions, or other records of the proceedings of any meeting of the membership, or of any committee of the association, and air pamphlets, books, brochures, literature, circular or form letters, or other printed matter distributed through the mails or otherwise at the expense of or in behalf of the association, and copies of all press releases, advertisements, articles, speeches, or radio programs, prepared by or at the expense of the association or any officer or employee thereof from January 1, 1933, to the date hereof, having reference to any of the following subjects:
(a) The organization or enrolling of members in any labor union or association of employees, or the activities of any labor union, trade union or association of employees.
(b) The creation, organization, establishment or maintenance by an employer, or group of employers, or by any person on the behalf or at the expense or under the direction of, any such employer or employers, of any association, union or plan of representation of employees for the purpose of collective bergaining.
(c) The organization, establishment, or maintenance during an industrial dispute or in contemplation of an industrial dispute or union organizing campaign, of any association of nonstriking or so-called "loyal” employees, or of any 80-called "loyalty committee”, or "back-to-work movement.
(d) The organization, establishment or maintenance of any committee of citizens, citizens' welfare committee, law and order league, or any other organization, for the purpose of influencing the outcome of any industrial dispute, strike, or labor controversy, or influencing or participating in negotiations between any employer and his employees, or influencing any employee with reference to joining or participating in the activities of any trade union or other organization or association of employees.
(e) Any enacted or proposed State or national legislation or local ordinances pertaining to industrial relations, collective bargaining or the organization of labor, or the administration of any such legislation or ordinance.
5. All contracts, agreements, correspondence, telegrams or memoranda and all vouchers, books of account, and other records of payments, from January 1, 1933, to the date hereof, with relation to the employment of any private detective, or private detective agency, or any other person by the association, or by any other person in its behalf, or at its expense, for the performance of any of the following services, or services of a similar character, and all correspondence, reports, papers, dictaphone records and memoranda relating to, or resulting from the performance of such services:
(a) The investigation of the affiliation or association of any person with any labor or political organization or any officer or representative thereof, and/or of the activities of any such person in organizing or enrolling persons into a labor orpolitical organization, or of the personal life or habits of such persons.
(6) The investigation of the activities of any person known to be or suspected of being engaged in trade union organizing activities.
(c) The investigation of the activities of any labor or political organization or of any existing or threatened labor dispute.
6. Copies of all contracts or agreements from January 1, 1933, to the date hereof, employing the services of any person, firm or corporation to prepare, distribute, or publish any of the material described in paragraph 4 hereof, or to solicit funds to defray the expense of such preparation, distribution, or publication.
7. All ledgers, balance sheets, books of account, bank books or statements, vouchers, cancelled checks, receipts, journals, or other records showing all expenditures made by the association, or by any person on its behalf, from January 1, 1933, to the date hereof in connection with any of the subjects described in paragraphs 4 (a) to 4 (e) hereof, inclusive.
8. All correspondence, memoranda, telegrams, and transcripts of conversations from January 1, 1933, to the date hereof in the possession of the association with reference to any of the subjects enumerated in paragraph 4 hereof.
Hereof fail not, as you will answer your default under the pains and penalties in such cases made and provided.
To Jack B. Burke to serve and return.
Given under my hand, by order of the committee, this 27th day of October in the year of our Lord 1937.
ROBERT M. LA FOLLETTE, Jr., Chairman, Subcommittee of the Committee on Education
and Labor Under Senate Resolution 266. (Endorsement on back:)
November 5, 1937. I made service of the within subpena in person on the within-named person at the offices of the Johnstown Chamber of Commerce, First National Bank Building, Johnstown, Pa., at 4:15 o'clock p. m., on the fifth day of November 1937.
Jack B. BURKE.
ARTICLE I. TITLE AND OBJECTS
SECTION 1. The name of this corporation shall be the Johnstown Chamber of Commerce (Incorporated).
SEC. 2. The objects are: To establish a body of recognized authority to dea' with matters of interest to the businessmen of Johnstown, Pa., and surrounding boroughs and townships, and to the general public; to forward the prosperity of the mercantile, agricultural, and manufacturing community; to promote the general welfare; to procure and spread such information as will advance and elevate commercial dealings, and to extend just methods of business by the establishment and maintenance of a place for business and social meetings.
SEC. 3. The principal office of the Chamber of Commerce shall be located in the city of Johnstown.
ARTICLE II. MEMBERSHIP
SECTION 1. Any person, firm, association, or corporation interested in Johnstown, Pa., or vicinity may become a member of the Chamber of Commerce upos vote of the directors. The name of the applicant shall be presented upon a blank in which he or they agree to conform with the bylaws.
SEC. 2. Any person, firm, association, or corporation eligible to membership may acquire one or more additional memberships by paying the annual dues for additional memberships and shall designate an individual for each such membership. Individuals who have been designated to represent such additional memberships have full voting power.
SEC. 3. A person, firm, association, or corporation holding one or more memberships shall have the right at any time, by giving written notice to the secretary, to change any or all of its representatives.
Sec. 4. Any member may resign from membership in the Chamber of Commerce upon payment of all dues to the end of the then current year. All withdrawals shall be in writing.
Sec. 5. Any member whose dues are 3 months in arrears may be dropped automatically from membership.
Sec. 6. Any member may be expelled for cause by resolution passed by tw). thirds of the entire board of directors at any meeting called for this purpose. Such member shall be notified of the intention of the board to consider his expulsion and shall be given the opportunity of a hearing before the board, but shall not be represented by professional counsel. Passage of such resolution shal, without other act on the part of the board of directors, annul such membership.
ARTICLE III. DUES
SECTION 1. The dues for a single membership shall be $25 per annum.
Sec. 2. Dues for all memberships shall be paid quarterly, semiannually or annually in advance.
Sec. 3. The directors shall have the power to rebate the dues of any delinquent members and continue his membership in good standing. The directors may also rebate the dues of any member unable to avail himself of the privileges of the organization by reason of illness, absence from the city, or any cause, during the period that such cause is existent.
Sec. 4. The fiscal year shall conform with the calendar year.
ARTICLE IV. BOARD OF DIRECTORS SECTION 1. The government of the chamber, the direction of its work and the control of its property shall be vested in the board of directors, consisting of 15 members, one-third of whom shall be elected annually for a term of 3 years. At the first annual election the five candidates of the board of directors receiving the highest number of votes shall be declared elected for 3 years. The five receiving the next highest number of votes shall declared elected for 2 years, and the five receiving the next highest number of votes shall be declared elected for 1 year. After the first annual election, five directors shall be elected each year to serve for 3 years or until their successors have been elected and qualified.
Sec. 2. In addition to the regularly elected directors the board shall include as ex-officio members the chairman or president of Board of Industry, Board of Merchants, and Citizens' Council of Johnstown, who shall serve until their successors in their respective organizations have been elected and qualified.
Sec. 3. The board shall meet for organization within a week following its election and shall elect by ballot from its own members the president, two vice presidents, to be designated as first and second, and a treasurer, to serve for 1 year, or until their successors are elected and are qualified by accepting the office.
Sec. 4. The board shall also elect a secretary and fix his salary, to serve until his successor is elected and qualified.
Sec. 5. The board may declare vacant the seat of any member of the board who shall absent himself from three consecutive regular monthly meetings without furnishing a satisfactory written explanation to the board.
Sec. 6. All vacancies among the officers shall be filled by the board. Any vacancy in the board shall be filled by the board until the next annual election at which time a director shall be elected by the chamber for the unexpired term.
Sec. 7. The board shall enumerate such rules as may be deemed expedient for the government of the Johnstown Chamber of Commerce not inconsistent with these by-laws.
SEC. 8. The board shall meet not less frequently than once a month, except during the months of July and August, and at special meetings at such other times as the board may direct.
SEC. 9. The president may call special meetings of the board when in his judgment they may be necessary and it shall be his duty to do so when requested in writing by five members of the board.
Sec. 10. A notice setting forth the purpose of such special meeting shall be mailed to each member of the board at least 24 hours prior to the meeting, and no business shall be transacted at such meeting other than that set forth in the notice.
Sec. 11. Eight members shall constitute a quorum for any regular or special meetings of the board.
Sec. 12. No information regarding the business transacted by the board shall be made public without the consent of the majority of the board present.
Sec. 13. The board of directors shall submit in writing at the annual meeting, a full report of the work and finances of the organization.
ARTICLE V. OFFICERS
SECTION 1. The officers of the Chamber of Commerce shall be the president, two vice presidents, who shall be members of the board of directors, a treasurer and secretary, who need not be members of the board, and such other officers as the board may deem necessary.
SEC. 2. President: The president shall preside at all meetings of the chamber and board of directors. He shall perform all duties incident to his office and advise such action as may be deemed by him likely to increase the usefulness of the chamber.
Sec. 3. Vice presidents: The first or second vice president shall act in the absence of the president; and in the absence or disability of the three officers named, a member of the board of directors shall be chosen to act temporarily.
Sec. 4. Treasurer: The treasurer shall receive and disburse the funds of the chamber. He shall keep all moneys of the chamber deposited in its name. At frequent intervals he shall make reports to the board of directors, which shall require him to give acceptable bond, in such sum as the board may determine, for the faithful performance of his duties, and the cost of such bond shall be paid for out of the funds of the chamber.
Sec. 5. Secretary: It shall be the duty of the secretary to conduct the official correspondence, preserve all books, documents, and communications, keep books of account, and maintain an accurate record of the proceedings of the chamber, board of directors, and all committees. He shall have general supervision over all employees of the chamber; these and such other duties as may be incident to his office shall be performed subject to the direction and approval of the board of directors. The board shall require him to give acceptable bond in such sum us the board may determine for the faithful performance of his duties and the cost of such bond shall be paid for out of the funds of the chamber.
ARTICLE VI. COMMITTEES
Sec. 1. The president shall appoint such standing and special committees as :shall be ordered by the board of directors or may in his judgment be deemed necessary.
Sec. 2. There shall be an Executive Committee consisting of the president, two vice presidents, secretary and treasurer, which shall act for the board of directors in the interim between its meetings and shall submit at the regular meetings of the directors reports of its proceedings for confirmation. It may refer communications direct to the committees already appointed without submission to the board.
SEC. 3. Authority of committees-It shall be the function of committees to investigate and make recommendations. They shall report in writing to the board of directors. No standing or special committee shall represent the chamber in advocacy of or opposition to any project without the specific confirmation of the board of directors, or such confirmation as may be clearly granted under general powers delegated by the board of directors to that committee.
SEC. 4. Committee meetings-Meetings of committees may be called at any time by the president or by the chairman of such committee.
SEC. 5. Ex-officio--The president shall be ex-officio member of all committees, unless otherwise ordered.
ARTICLE VII. SUBSIDIARY ORGANIZATIONS
Sec. 1. Formation---Any number of members who may desire to be associated together as a board, section, exchange or association (hereinafter designated as board), for the purpose of promoting more effectively the special trade, industry, business or profession in which they are interested, may form a board of the Chamber of Commerce.
SEC. 2. Application—The desire to form any board shall be communicated to the board of directors in a petition signed by not less than five members who would be eligible to membership in such board if formed, and the secretary shall issue a call for a meeting of all members likely to be interested therein.
Sec. 3. Authority--If two-thirds of these called shall favor the formation of such board, this fact shall be reported in writing to the board of directors, who shall issue a certificate of organization bearing the seal of the chamber and the signature of its president and secretary; but such certificate shall not be issued until the board of directors shall have approved all bylaws, rules and regulations adopted, or proposed to be adopted, by such board.
Sec. 4. Boards already established-There are already established and recog. nized herein three subsidiary organizations as follows: Board of Industries, Board of Merchants and Citizens' Council. These organizations as well as any subsidiary boards subsequently organized shall be governed by the rules under this Article VII.
Sec. 5. Membership requirement—The board of directors shall determine, as the circumstances warrant, whether or not all members or any specified percentage of members of each subsidiary organization shall be members of the Chamber of Cor nerce.
Sec. 6. By-laws-Each board of the Chamber of Commerce may adopt such by-laws, rules, and regulations as it may consider necessary for its proper govern: ment; but no by-laws, rule or regulation shall be adopted by any board which shall in any way conflict with the purposes and objects of the chamber as set forth in its charter, by-laws, rules, and regulations.
Sec. 7. Indebtedness- No board of the chamber, or any member thereof, sha! contract any debt in its behalf which shall in any manner, or to any extent, render the chamber liable for the payment of any sum, unless the same shall have been approved by the board of directors of the chamber.