Sons of Union Veterans of The Civil War
Office of the Commander-in-Chief
Charles E. Kuhn Jr., PDC
464 Lake Meade Dr .
East Berlin , PA 17316
Charlie_kuhn@comcast.net |
GENERAL ORDER #4
SERIES 2007 – 2008
28 August, 2007
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Brothers, after careful consideration and a great deal of effort of the National Councilor and the National Committee on Constitution and Regulations they have reported back to this office the results of the efforts of the 126 th National Encampment on the matter pertaining to Junior Associates. In the rush to create a class of Membership known as Junior Associates the vote of the Brothers seated at the 126 th National Encampment Sons of Union Veterans of the Civil War have placed their efforts in contradiction to the Congressional Charter, our National Constitution and the Regulations of this Order.
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The Constitution speaks to the classes of membership and specifically segregates Associates from Members. It further states there shall be one (1) class of Associates (Article VII, Section 2). The creation of a second class of Associates in the form of Junior Associates is clearly in conflict with this provision of the Constitution.
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In instances when there is conflict between the Regulations and the Constitution, both the Regulations and Constitution are mute. However there are several applicable decisions to be found in the Digest of Decisions;
- The Commander-in-Chief or the Division Commander cannot by special dispensation or otherwise, alter, amend or abrogate any provision of the Constitution. CinC Griffin Op. VI, Blue Book 11; also Op. LXXVI, Blue Book, 73
- The Commander-in-Chief] has no power of approving the action of any division on any subject, where action does not conform to the constitution and regulations of the Order. CinC Hall Dec. IX, 12 th, 29
- There is no authority by which even the Commander-in-Chief may grant a dispensation to permit a violation of the Constitution. CinC Rake, Dec. IV, 16 th, 29
- …as the CR&R provide[s], Camp or Division By-Laws conflicting with the CR&R in this or other respects [are] invalid. CinC Griffin, Op. SSSV, Blue Book, 34
4.) It is generally accepted that the Commander-in-Chief cannot change an action of an Encampment while at the same time the Commander in Chief is sworn to protect the Constitution and Regulations of the Order. Therefore I have come to the following conclusions and decisions;
- The Commander-in-Chief cannot give any dispensation to allow a provision of the Regulations which is in conflict with the Constitution to be implemented until such time as the conflict is resolved by a subsequent Encampment.
- When a conflict exists between governing instruments, the instrument with higher precedence must be considered to be the ruling instrument.
- The order of precedence of our controlling instruments is the Congressional Articles of Incorporation (Congressional Charter), the Constitution, the Regulations, Department by-laws, and Camp by-laws.
- The amendment to the Regulations adopted by the 2007 National Encampment regarding the creation of a class of Associates known as Junior Associates is in conflict with the provisions of the National Constitution Sons of Union Veterans of the Civil War, Article VII, Section 2, and will require the process described in Article IX of the National Constitution in order to amend the same.
5.) After considering the above it is also my decision that the acceptance of Junior Associates into any Camp, Department or the National Order shall cease immediately and be held in abeyance until such time as the conflict between the Constitution and Regulations can be resolved by a National Encampment and the Brothers seated there in.
6. Any Junior Associate that has been accepted into a Camp, Department or the National Order after 28 August, 2007 may remain as long as they comply with all restrictions relevant to Juniors and Associates combined.
So ordered this 28th day of August, 2007;
Charles E. Kuhn, Jr.
Commander in Chief
National Order, Sons of Union Veterans of the Civil War
Attest:
Donald Palmer
Secretary
National Order, Sons of Union Veterans of the Civil War
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