D 570 
 .PI P5 
 1919c 
 
 Copy 1 Congress, 1 HOUSE OF REPRESENTATIVES. | #^^,^,Y 
 
 Session. I 1 No. 191. 
 
 THE AI^IERICAN LEGION. 
 
 July 31, 1919.^ — Referred to the House Calendar and ordered to be printed. 
 
 U,S, Ce1^<,•,".,-^:^•■'- 
 M^. Morgan, from the ^Committee on the Judiciary, submitted the 
 
 following 
 
 REPORT. 
 
 [To accompany H. R. 6808.] 
 
 The Committee on the Judiciary having had under consideration 
 the bill (H. R. 6808) to incorporate the American Legion, report the 
 same back to the House with the recommendation that it be amended 
 as follows, and as so amended the biU do pass. 
 
 Amend as follows : 
 
 Strike out the preamble to the biU. 
 
 Strike out all of the bill after the enacting clause and substitute 
 therefor the following: 
 
 That the following persons, to-wit: William S. Bean, of North Carolina; Charles H. 
 Brent, of New York; William H. Brown, of Connecticut; G. Edward Buxton, junior, 
 of Rhode Island; Bennett C. Clark, of Missouri; Richard Derby, of New York; L. H. 
 Evridtje, of Texas; Milton Foreman, of Illinois; Ruby D. Garrett, of Missouri; Fred J. 
 Griffith, of Oklahoma; Roy C. Haines, of Maine; J. F. J. Herbert, of Massachusetts; 
 Roy Hoffman, of Oklahoma; Fred B. Humplireys, of New Mexico; John W. Inzer, of 
 Alabama: Stuart S. Janney, of Maryland; Luke Lea, of Tennessee; Henry Leonard, 
 of Colorado; Henry D. Lindsley, of Texas; Ogden L. Mills, of New York; Thomas W. 
 Miller, of Delaware; Edward Myers, of Pennsylvania; Franklin D'Olier, of Pennsyl- 
 vania; W. G. Price, junior, of Pennsylvania; S. A. Ritchie, of New York; Theodore 
 Roosevelt, junior, of New York; Albert A. Sprague, of Illinois; John J. Sullivan, of 
 Washington; Dale Shaw, of Iowa; Daniel G. Stivers, of Montana; H. J. Turney, of 
 Ohio; Geory'e A. White, or Oregon; Eric Fisher Wood, of Pennsylvania; George H. 
 Wood, of OMo, and such persons as may be chosen who are members of the "American 
 Legion," an unincorporated patriotic society of the soldiers, sailors, and marines of 
 the Great War, 1917-1918, known as the "American Legion," are hereby created and 
 declared to be a body corporate. The name of this corporation shall be the "American 
 Legion." 
 
 Sec. 2. Said persons named in section 1 and such other persons as may be selected 
 are hereby authorized to meet to complete the organization of said corporation by the 
 selection of officers, the adoption of a constitution and by-laws, and by the doing of 
 all other things necessary to carry into effect the pro\T.sions of this act, at which meet- 
 ing any person duly accredited as a delegate from any local or State organization of the 
 existing unincorporated organization known as the "American Legion" shall be 
 permitted to participate in the proceedings thereof. 
 
 Sec. 3. The purpose of this corporation shall be: To promote peace and good will 
 among the peoples of the United States and all the nations of the earth; to preserve 
 
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 \ 
 ^ THE AMERICAN LEGION. 
 
 the memories and incidents of the Great War of 1917-1918; to cement the ties of love 
 and comradeship born of service; and to consecrate the efforts of its members to mutual 
 helpfulness and serAdce to their country. 
 
 Sec. 4. The corporation created by this act shall have the following powers: To 
 have perpetual succession with power to sue and be sued in courts of law and equity; 
 to receive, hold, own, use, and dispose of such real estate and personal property as 
 shall be necessary for its corporate purposes; to adopt a corporate seal and alter' the 
 same at pleasure; to adopt a constitution, by-laws, and regulations to carry out its 
 purposes, not inconsistent with the laws of the United States or of any State; to use 
 in carrying out the purposes of the- corporation such emblems and badges as it may 
 adopt; to establish and maintain offices for the conduct of its business; to establish 
 State and Territorial organizations and local chapter or post organizations; to publish 
 a magazine or other publications; and generally to do any and all such acts and things 
 as may be necessary and proper in carrying into effect the purposes of the corporation. 
 
 Sec. 5. No person shall be a member of this corporation unless he served in the 
 naval or military service of the United States at some time during the period between 
 April 6, 1917, and November 11, 1918, both dates inclusive, or served in the militarj^ 
 or naval services of any of the Governments associated -with the United States during 
 the Great War, who were citizens of the United States at the time of enlistment. 
 
 Sec 6. The organization shall be nonpolitical and, as an orgardzation, shall not 
 promote the candidacy of any person seeking public office. 
 
 Sec 7. Said corporation may acquire any or all the assets of the existing unin- 
 corporated national organization knowai as the American Legion upon discharging 
 or satisfactorilv proxdding for the payment and discharge of all its liabilities. 
 
 Sec. 8. Said corporation and its State and local subdivisions shall have the sole 
 and exclusive right to have and to use in carr>ang out its purposes, the name "The 
 American Legion": Provided, That notliing in this act shall interfere or conflict with 
 established or vested rights. 
 
 Sec 9. The said corporation shall, on or before the 1st day of January in each year, 
 make and ti'ansmit to the Congress a report of its proceedings for the preceding calendar 
 year, including a full and complete report of its receipts and expenditures: Provided, 
 however, That said report shall not be printed as public documents. 
 
 Sec. 10. The right to repeal, alter, or amend this act at any time is hereby expressly 
 reserved. 
 
 Very naturally and very properly the soldiers and sailors of the 
 late war have sought to organize posts or lodges for the purpose of 
 preserving the memories, cementing the friendships, and cultivating 
 the comradeship that grew out of the late war, and more especially 
 to perpetuate the spirit of patriotism that animated them — a spirit 
 that is supremely important in preserving our Government and its 
 Constitution, made sacred to them because of the suffering and 
 sacrifices they endured. Their efforts to organize have resulted in a 
 large unincorporated society that has adopted a constitution and by- 
 laws and elected officers. The organization embraces the entire 
 United States. It has held two large conventions, the last one at 
 St. Louis, Mo., at which arrangements were made to applv to Congress 
 for incorporation. The persons named in this bill were authorized to 
 take the necessary steps for that purpose. It was further arranged 
 that the next convention of the society should be held at Minneap- 
 olis, Minn., on the 11th day of November, 1919— the anniversary of 
 the signing of the armistice that terminated hostilities. 
 
 While Congress has been loath to grant special charters, it is 
 beheved that this should be an exception to the rule. The bill as 
 introduced would, if enacted into law, have created a corporation 
 m the District of Columbia. The committee is of the opinion that 
 if the charter is to be granted the society should be made a corpora- 
 tion of the United States and not of the District. The object of the 
 corporation is national ui scope. ^It is beheved that Congress has 
 the power to so incorporate the society. In the case of United 
 States V. Gettysburg Electric Kailway Co. (160 U. S., 669), the 
 
 AUG 15 19]^ 
 
THE AMERICAN LEGION. 3 
 
 Supreme Court had under consideration the question of whether 
 Congress could authorize condemnation of land for a national park 
 to commemorate the battle fought at Gettsyburg, Pa., during the 
 Civil War, Justice Peckham, speaking for a unanimous court, 
 eloquently argued in favor of the power on the ground that such a 
 park would stimulate patriotic devotion to the country and to do 
 so was within the powers granted to Congress. He concluded on 
 this branch of the case: 
 
 It is needless to enlarge upon the subject, and the determination is arrived at 
 without hesitation that the use intended as set forth in the petition in this proceeding 
 is of that public nature whip h comes within the constitutional powers of Congress to 
 provide for by the condemnation of land. 
 
 The object of this charter is plainly similar if not the same in 
 purpose. This charter will aid the men who participated in this war 
 to cultivate the spirit of patriotism and instill in the young ambition 
 to emulate their love of country and if need be to render the like 
 services. 
 
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