Chap.

5A. Ladies of the Grand Army of the Republic [New]

38. Blue Star Mothers of America [New]..... 39. Agricultural Hall of Fame [New]...

Sec.

78 941

971

The corporation shall have power to receive, purchase, hold, sell, and convey real and personal estate, so far only as may be necessary or convenient for its lawful purposes; to sue and be sued, complain and defend in any court; to adopt a common seal, and to alter the same at pleasure; to make and adopt a constitution, by-laws, rules, and regulations for admission, government, suspension, and expulsion of its members, and from time to time to alter and repeal such constitution, by-laws, rules, and regulations, and to adopt others in their places; to provide for the election of its officers and to define their duties; to provide for State societies or chapters with rules for their conduct, and to regulate and provide for the management, safe-keeping, and protection of its property and funds: Provided always, That such constitution, by-laws, rules, and regulations be not inconsistent with the laws of the United States or any of the States thereof. (As amended Sept. 8, 1961, Pub. L. 87-214, 75 Stat. 489.)

78. Corporation created.

78a. Completion of organization.

78b. Purposes of corporation.

78c. Powers of corporation.

78d. Membership; voting rights.

78e. Governing body; composition; meetings.

78f. Officers of corporation; selection; tenure; duties. 78g. Principal office; territorial scope of activities; resident agent.

78h. Distribution of income or assets to members; loans. 781. Nonpolitical nature of corporation. 781. Liability for acts of officers and agents.

78k. Prohibition against issuance of stock or payment of dividends.

781. Books and records; inspection.

78m. Audit of financial transactions; report to Congress. 78n. Report to Congress on activities.

780. Exclusive right to name, emblems, seals, and badges. 78p. Use of assets on dissolution or liquidation. 78q. Reservation of right to amend or repeal chapter.

§ 78. Corporation created.

The following-named persons, to wit: Gussie Laile Morin, Seattle, Washington; Margaret Hopkins

Page 1907

Worrell, Ironton, Ohio; Twannette Paull, Kansas City, Missouri; Nellie D. Howe, Grand Rapids, Michigan; Sarah J. Ehrmann, Orange City, Florida; Mabel S. Taylor, Providence, Rhode Island; Edwina P. Trigg, Kansas City, Missouri; Cora M. Rowling, Indianapolis, Indiana; Irene Mangle, Woodruff, Wisconsin; Catherine G. Schroeder, Los Angeles, California; Mabel Y. Coffey, Colorado Springs, Colorado;

Helen M. Lehman, Jersey City, New Jersey; Margaret Grandle, Pittsburg, Kansas; Frances M. Kuhns, Greensburg, Pennsylvania; Gladys W. Newton, Charleston, West Virginia; Olive Vanwagenen, Washington, District of Columbia; Luella Orr, Tulsa, Oklahoma; Edna S. Lindsey, Portland, Oregon; Rosalie E. Leonard, Boise, Idaho; Lura B. Frye, Peoria, Illinois; Theo McCallum, Neenah, Wisconsin; Eloise E. Whitmer, Washington, District of Columbia; Harriet E. Hughes, New York City, New York; Margaret G. Urban, Oakmont, Pennsylvania;

Bertha Hunt, Des Moines, Iowa; Marie E. Godda, Omaha, Nebraska; Anna Hausman, Washington, District of Columbia; Frances C. Linnell, Plymouth, Massachusetts; Alma M. Blitz, Minneapolis, Minnesota; Lila Lovett, Portland, Maine; Eveh M. Ervin, Keene, New Hampshire; Mildred Puckett, Louisville, Kentucky; Ada Anderson, Wilmington, Delaware; and all past national presidents, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Ladies of the Grand Army of the Republic (hereinafter referred to as the corporation), and by such name, shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained. (Pub. L. 86-47, § 1, June 17, 1959, 73 Stat. 76.)

§ 78a. Completion of organization.

A majority of the persons named in section 78 of this title, acting in person or by written proxy, are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose. (Pub. L. 86-47, § 2, June 17, 1959, 73 Stat. 77.)

§ 78b. Purposes of corporation.

The purposes of the corporation shall be: To perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865; to assist in every practicable way in the preservation and making available for research of documents and records pertaining to the Grand Army of the Republic and its members; to cooperate in doing honor to all those who have patriotically served our country in any way; to teach patriotism and the duties of citizenship, the true history of our

country, and the love and honor of our flag; to oppose every tendency or movement that would weaken loyalty to, or make for the destruction or impairment of, our constitutional Union; and to inculcate and broadly sustain the American principles of representative government, of equal rights, and of impartial justice for all. (Pub. L. 86-47, § 3, June 17, 1959, 73 Stat. 77.)

§ 78c. Powers of corporation.

The corporation shall have power

(1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal; (4) to choose such officers, managers, agents, and employees as the activities of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws; not inconsistent with the laws of the United States or of any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal, or mixed property;

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws; and

(10) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

(Pub. L. 86-47, § 4, June 17, 1959, 73 Stat. 77.)

§ 78d. Membership; voting rights.

(a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of membership shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Eligibility for membership in the corporation shall be limited to female blood relatives of persons who served between April 12, 1861, and April 9, 1865, as soldiers or sailors of the United States Army, Navy, Marine Corps, or Revenue-Cutter Service, and of such State regiments as were called into active service and were subject to orders of United States general officers between the dates above mentioned and were honorably discharged therefrom at the close of such service or who died in such service.

(b) Each member of the corporation shall have the right to one vote in each matter submitted to a vote at all meetings of the members of the corporation. (Pub. L. 86-47, § 5, June 17, 1959, 73 Stat. 78.)

§ 78e. Governing body; composition; meetings.

The supreme governing authority of the corporation shall be the national convention thereof, composed of such officers and elected representatives from the several States and other local subdivisions of the corporate organization as shall be provided by the constitution and bylaws: Provided, That the form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national convention may be held in any State or Territory or in the District of Columbia. (Pub. L. 86-47, § 6, June 17, 1959, 73 Stat. 78.)

§ 78f. Officers of corporation; selection; tenure; duties.

The officers of the corporation shall be selected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation. (Pub. L. 8647, § 7, June 17, 1959, 73 Stat. 78.)

§ 78g. Principal office; territorial scope of activities: resident agent.

(a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the corporation, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation. (Pub. L. 86-47, § 8, June 17, 1959, 73 Stat. 78.)

§ 78h. Distribution of income or assets to members; loans.

(a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(b) The corporation shall not make loans to its officers or employees. Any member of the council of administration who votes for or assents to the making of a loan or advance to an officer or employee of the corporation, and any officer who participates in the making of such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. (Pub. L. 86-47, § 9, June 17, 1959, 73 Stat. 78.)

§ 781. Nonpolitical nature of corporation.

The corporation and its officers and agents as such shall not contribute to any political party or candidate for public office. (Pub. L. 86-47, § 10, June 17, 1959, 73 Stat. 79.)

§ 78j. Liability for acts of officers and agents.

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. (Pub. L. 86-47, § 11, June 17, 1959, 73 Stat. 79.)

§ 78k. Prohibition against issuance of stock or payment of dividends.

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. (Pub. L. 86-47, § 12, June 17, 1959, 73 Stat. 79.)

§ 781. Books and records; inspection.

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national conventions and council of administration. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purposes, at any reasonable time. (Pub. L. 86-47, § 13, June 17, 1959, 73. Stat. 79.)

§ 78m. Audit of financial transactions; report to Congress.

(a) The financial transactions of the corporation shall be audited annually by an independent certifled public accountant in accordance with the principles and procedures applicable to commercial corporate transactions. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions and the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.

(b) A report of such audit shall be made by the corporation to the Congress and not later than March 1 of each year. The report shall set forth the scope of the audit and shall include a verification by the person or persons conducting the audit of statements of (1) assets and liabilities, (2) capital and surplus or deficit, (3) surplus or deficit analysis, (4) income and expense, and (5) sources and application of funds. Such report shall not be printed as a public document. (Pub. L. 86-47, § 14, June 17,

1959, 73 Stat. 79.)

§ 78n. Report to Congress on activities.

On or before March 1 of each year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the national convention covering such fiscal year. Such report shall not be printed as a public document. (Pub. L. 86-47, § 15, June 17, 1959, 73 Stat. 79.)

§ 780. Exclusive right to name, emblems, seals, and badges.

The corporation and its subordinate divisions shall have the sole and exclusive right to use the name, "Ladies of the Grand Army of the Republic". The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been used by the Ladies of the Grand Army of the Republic. (Pub. L. 86-47, § 16, June 17, 1959, 73 Stat. 79.)

§ 78p. Use of assets on dissolution or liquidation.

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the council of administration and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. (Pub. L. 86-47, § 17, June 17, 1959, 73 Stat. 80.)

§ 78q. Reservation of right to amend or repeal chapter. The right to alter, amend, or repeal this chapter is expressly reserved. (Pub. L. 86-47, § 18, June 17. 1959, 73 Stat. 80.)

REPEATED.-Pub. L. 86-79, title I, § 101, July 8, 1959. 73 Stat. 164; Pub. L. 86-642, title I, § 101, July 12, 1960, 74 Stat. 475, 476; Pub. L. 87-125, title IV, § 401, Aug. 3, 1961, 75 Stat. 279, 280; Pub. L. 87-843, title V, § 501, Oct. 18, 1962, 76 Stat. 1100; Pub. L. 88-245, title V, § 501, Dec. 30, 1963, 77 Stat. 796.

PROC. NO. 3399.

ARMED FORCES DAY Proc. No. 3399, Mar. 22, 1961, 26 F.R. 2501, provided: WHEREAS the survival of our cherished freedoms is dependent in large measure upon the capabilities of our armed forces to discourage totalitarian aggression; and

WHEREAS the armed forces of the United States serve as a unified team, at home and across the seas, in the pursuit of a durable peace; and

WHEREAS the strength of our armed forces rests not alone upon their active and reserve members, our industrial productivity, and our human resources, but also upon the understanding and support of an informed American people; and

WHEREAS we seek to acknowledge and to manifest our appreciation for the dedication and self-sacrifice of the members of our armed forces and their families:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America and Commander in Chief of the armed forces of the United States, do hereby proclaim the third Saturday of May in 1961 and the third Saturday of May in each succeeding year as Armed Forces Day.

I direct the Secretary of Defense on behalf of the Army, the Navy, the Air Force, and the Marine Corps, and the Secretary of the Treasury on behalf of the Coast Guard, to designate that day each year for appropriate ceremonies, demonstrations, and displeys both at armedforces installations and in civilian communities at the invitation of civil authorities. The Secretary of Defense, as my personal representative, shall assume responsibility for initiating, formulating, and supervising the program contemplated by this proclamation and for soliciting the participation and cooperation in such program by civil authorities and distinguished private citizens.

I invite the Governors of the States and the Commonwealth of Puerto Rico, and other areas subject to the Jurisdiction of the United States, and the Commissioners of the District of Columbia to provide for the observance of Armed Forces Day within their jurisdictions each year in an appropriate manner designed to enhance public understanding and appreciation of the armed forces of the United States as defenders of freedom at home and abroad.

I also ask my fellow Americans, as an expression of support for their armed forces and as a symbol of their unity in devotion to the preservation of our country, to display prominently the flag of the United States on Armed Forces Day.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

DONE at the City of Washington this eighteenth day of March in the year of our Lord nineteen hundred and sixty-one, and of the independence of the United States of America the one hundred and eighty-fifth. [SEAL]

JOHN F. KENNEDY

§ 143. First Monday in October designated as Child Health Day.

The President of the United States is authorized and requested to issue annually a proclamation setting apart the first Monday in October of each year as Child Health Day and inviting all agencies and organizations interested in child welfare to unite upon that day in the observance of such exercises as will awaken the people of the Nation to the fundamental necessity of a year-round program for the protection and development of the health of the Nation's children. (As amended Sept. 22, 1959, Pub. L. 86-352, 73 Stat. 627.)

AMENDMENTS

1959-Pub. L. 86-352 substituted "the first Monday in October" for "May 1".

EFFECTIVE DATE OF 1959 AMENDMENT

Pub. L. 86-352 provided in part that amendment of this section should be effective Jan. 1, 1960.

§ 163. National Forest Products Week.

The seven-day period beginning on the third Sunday of October in each year is designated as National Forest Products Week, and the President is requested to issue annually a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. (Pub. L. 86-753, Sept. 13, 1960, 74 Stat. 898.)

§ 164. Law Day, U.S.A.; designation; proclamation; observance.

The first day of May of each year is hereby designated as Law Day, U.S.A. It is set aside as a special day of celebration by the American people in appreciation of their liberties and the reaffirmation of their loyalty to the United States of America; of their rededication to the ideals of equality and justice under law in their relations with each other as well as with other nations; and for the cultivation of that respect for law that is so vital to the democratic way of life.

The President of the United States is authorized and requested to issue a proclamation calling upon all' public officials to display the flag of the United States on all government buildings on such day and inviting the people of the United States to observe such day with suitable ceremonies and other appropriate ways, through public bodies and private organizations as well as in schools and other suitable places. (Pub. L. 87-20, Apr. 7, 1961, 75 Stat. 43.)

§ 165. National Poison Prevention Week.

The President is authorized and requested to issue annually a proclamation designating the third week in March as National Poison Prevention Week, to aid in encouraging the American people to learn of the dangers of accidental poisoning and to take such preventive measures as are warranted by the seriousness of the danger. (Pub. L. 87-319, Sept. 26, 1961, 75 Stat. 681.)

§ 166. National Transportation Week.

The President of the United States is requested and authorized to officially proclaim annually the week in May of each year in which falls the third Friday of that month as National Transportation Week, and to issue a proclamation inviting the people of the United States to observe such period with appropriate ceremonies and activities, as a tribute to the men and women who, night and day, move goods and people throughout our land. (Pub. L. 87-449, May 14, 1962, 76 Stat. 69.)

§ 167. Peace Officers Memorial Day.

The President is authorized and requested to issue proclamations (1) designating May 15 of each year as Peace Officers Memorial Day in honor of the Federal, State, and municipal officers who have been killed or disabled in the line of duty, (2) designating in each year the calendar week during which such May 15 occurs as Police Week, in recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws, and (3) inviting the governments of the States and communities and the people of the United States to observe such