CONSTITUTION,
BY-LAWS
AND
ROLL OF MEMBERS
OF
Independence
FIRE ENGINE AND HOSE COMPANY
No. 1
Incorporated, February 20, 1834
Dayton:
R. N. & W. F. Comley, Printers – Journal office.
1835
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CONSTITUTION.
ARTICLE I.
SECTION 1. The Association shall be known by the name of “INDEPENDENCE FIRE ENGINE AND HOSE COMPANY, No. 1.
ARTICLE II.
SEC. 1. The Officers of the Association, shall consist of a President, Vice President, Secretary and Treasurer.
ARTICLE III.
SEC. 1. The President shall have the entire control and direction of the whole apparatus, during a time of fire, and at the examinations; and may change the position of any, or all the members of the Association, at his discretion.
ARTICLE IV.
SEC. 1. In case of the absence of the President at a fire, the Vice President shall have the entire command; and in his absence, the Secretary; and in the absence, of the President, Vice President and Secretary, the Treasurer shall act as President, and be respected as such.
SEC. 2. In all meetings of business, the President shall preside, and in case of his absence, the Vice President, who shall have a vote when the Association is equally divided, but not otherwise, except in the election of members.
ARTICLE V.
SEC. 1. The Secretary shall keep a fair record of the proceedings, of the Association, in a book kept for that purpose.
SEC. 2. He shall open and keep an account for each member of the Association.
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SEC. 3. He shall receive all monies due the Association, and pay them over to the Treasurer, taking his receipt for the same.
SEC. 4. He shall notify new members of their election.
ARTICLE VI.
SEC. 1. The Treasurer shall keep a just and full account of all receipts and disbursements, and make a statement of the funds at the annual meeting in January, and at other times when required by the company.
SEC. 2. He shall pay, when funds are in his hands belonging to the Company, all orders drawn on him, signed by the President, and countersigned by the Secretary.
ARTICLE VII.
SEC. 1. The Company shall have power to expel a member by a vote of two-thirds of the members present at the meeting, at which he is tried; of which meeting, together with the charges preferred against him, he shall have, in every instance, at least one month's notice.
ARTICLE VIII.
SEC. 1. Twelve members shall constitute a quorum for the transaction of business, and four dissenting votes shall prevent the election of a candidate for membership.
ARTICLE IX.
SEC. 1. No alteration or amendment, shall be made to this Constitution, unless proposed in writing at a stated meeting of the Association, stating the alteration or amendment intended; which shall be entered at large on the minutes, together with the name, of the member proposing it; but no discussion shall be had, or vote taken on said amendment, or alteration, until the next stated meeting and the concurrence of two-thirds of the members present shall be necessary for its adoption.
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AMENDMENT TO THE CONSTITUTION.
Adopted, August 1st, 1834.
ARTICLE I.
The Officers of this Association, in addition to those already provided for by the second article of the Constitution, shall consist of five Directors, who shall, together with the President, Secretary and Treasurer be elected by ballot on the first Monday in January, annually.
ARTICLE II.
SEC. 1. It shall be the duty of the Directors immediately after their election to appoint a President and Secretary from their own body, and to adopt such rules for their government as they shall judge necessary.
SEC. 2. They shall examine the engine and apparatus monthly, and take care that the entire apparatus is at all times in a proper condition for active service.
SEC. 3. They shall audit the Secretary's and Treasurer's accounts, one month previous to the annual meeting in January, and report the same at the next meeting of the Association.
SEC. 4. They shall observe and note misconduct of members at any fire, and have the same recorded in their proceedings, if in their opinion it deserves the reprehension of the Company, if not, they shall privately admonish the offending member that he may in future be more circumspect.
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BY-LAWS.
ARTICLE I.
SEC. 1. The election of the officers of the Association shall take place at the annual meeting on the first Monday in January.
SEC. 2. The stated meetings of the Company shall be held on the first Friday in every other month, at 7 o'clock P. M. from the first Friday in October until the first Friday in March inclusive, and from the first Friday in April until the first Friday in September, inclusive, at 8 o'clock P.M.
SEC. 3. The exercises of the apparatus shall be monthly from the first Friday in October until the first Friday in March, both inclusive, at the hour of 3 o'clock P. M.; and from the first Friday in April until the first Friday in September at the hour of 5 o'clock P. M.
ARTICLE II.
SEC. 1. Special meetings may be called at any time by the President, on the application of five members, made in writing, stating the object of said call.
ARTICLE III.
SEC. 1. At all stated or special meetings of the Association, the first business shall be the calling of the roll; and absentees shall be fined twelve and a half cents, unless a satisfactory excuse is offered. The minutes of the last meeting shall then be read, and if necessary, amended; then other business shall be in order, and before an adjournment, the roll shall again be called, and absentees shall pay an additional fine of 12½ cents.
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ARTICLE IV.
SEC. 1. On the alarm of fire, it shall be the duty of every member of the Association, to repair to the engine house, and convey the apparatus with all possible despatch to the fire; unless he shall on his way be credibly informed that it has been taken out; in which case, he may omit going to the house, but shall proceed to the fire, and continue with the engine until it shall be returned, put up, and the roll called.
SEC. 2. Any member of the Association arriving at the engine House first, on an alarm of fire, shall have the privilege of using the pipe, unless he chooses to relinquish it, and then it shall be the duty of the President, or in his absence, the officer in command, to appoint any member he may see fit.
ARTICLE V.
SEC. 1. Any member hearing the alarm of fire, and not attending to his duty as prescribed in the fourth article, shall forfeit and pay one dollar, unless prevented by sickness or death in his family.
ARTICLE VI.
SEC. 1. No member shall leave his station, while on duty, without permission of his chief officer, under a penalty of one dollar.
ARTICLE VII.
SEC. 1. Every member shall settle up his account at least once in three months, but if his account shall remain unadjusted for six months, without a satisfactory explanation rendered to the Company, he shall stand expelled without a vote being taken in reference to his case.
ARTICLE VIII.
SEC. 1. The badge of the Company shall be worn during a time of fire, and on all occasions, when the apparatus is taken out for examination, under a penalty of twenty five cents.
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ARTICLE IX.
SEC. 1. New members shall subscribe the Constitution and By-laws, and pay an initiation fee of twenty five cents, within one month after their election; on default of which, their membership shall be vacated. The Secretary shall be held accountable for all initiation fees.
ARTICLE X.
SEC. 1. The Secretary shall keep a roll of the Company, shall call the same, on the return of the engine after every fire, and preserve a list of all absentees, quoting the time and place of the fire.
SEC. 2. He shall notify the members of all special meetings of the Association.
ARTICLE XI.
SEC. 1. All elections shall be by ballot.
ARTICLE XII.
SEC. 1. A member who shall disturb the meeting shall, on being called to order twice, be fined in any sum not exceeding fifty cents.
ARTICLE XIII.
SEC. 1. In any case of disagreement between the members at a time of fire, the parties concerned shall submit the same to the President, and abide by his decision, under a penalty of expulsion.
ARTICLE XIV.
SEC. 1. There shall in all cases, be an appeal from the decision of the President, to the Association, and it shall require a vote of three-fourths of the members present to reverse it.
ARTICLE XV.
SEC. 1. The President shall appoint all committees.
ARTICLE XVI.
SEC. 1. New members must be proposed at one meeting, and balloted for at the next, but in case of emergency
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this article may be suspended, and the candidate balloted for forthwith.
ARTICLE XVII.
SEC. 1. Any misconduct or neglect of duty, on the part of any officer of the Association, shall subject (lie offender to a fine not exceeding, five dollars or removal from office, or both, at the discretion of a majority of the members, at the next regular meeting, after the offence shall have been committed.
ARTICLE XVIII.
SEC. 1. No monies shall be drawn from the Treasury until after the claim has been audited by the Company, and ordered to be paid.
ADDITIONAL BY-LAWS.
ARTICLE XIX.
SEC. 1. The Hose Company shall consist of twenty, members, to be detached from the main Company, and to be increased in number at the discretion of the Association.
SEC. 2. It shall be commanded by a Foreman and an Assistant Foreman, to be elected by its own members, at the same time and in the same manner as other officers of the Association.
SEC. 3 It shall not be a distinct and independent department, but shall always be under the immediate control and command of the President of the Association—liable to the same penalties for non-attendance, non-performance, or disobedience of orders, as other members.
SEC. 4. It shall be the duty of the Hose Company at the time of fire or exercise, to fit, fasten and lay the Hose, according to the directions of the President.
SEC. 5. It shall be the duty of the Foreman, or in his absence of the Assistant Foreman, to see that the Hose is properly fastened and laid, and to take care that all other orders, relative to the Hose, are duly executed.
Passed Jan. 5th, 1835.
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OFFICERS OF THE ASSOCIATION.
EDWARD W. DAVIES, President.
RICHARD GREEN, Vice President.
WILLIAM E. CRANE, Secretary.
THOMAS BARRETT, Treasurer.
Directors.
AUGUSTUS NEWELL,
WILLIAM BROADWELL,
DAVID STEVENSON,
SIMON SNYDER,
GEORGE W. BOMBERGER.
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MEMBERS OF THE INDEPENDENCE, ENGINE.
Richard N. Comly, William Wall, John Colhoun, A. R.H. Folkerth, Samuel B. Brown, John Kerr, James B. Clegg, Ira I. Fenn, Francis Sharwood, Charles Soule, Henry V. Perrine, John J. Lyons, Daniel Richmond, W. A. Weston, Elam Vining, Elias Favorite, Martin Conklin, John Garner, John Williams, M. L. Harbeson, E. Henderson, Josiah Eversole, McGuyer Reed, William B. Stone, Henry L. Brown, Smith McGilliard, William Lewis, E. G. Barney, Charles B. Fry, Charles Knight, James A. Morgan, George Raymond, Richard Lane, James Tamplin.
MEMBERS OF THE TORRENT, HOSE.
DAVID Z. PEIRCE, Foreman.
J. R. WAGGONER, Assistant Foreman.
Charles E. Pierson, Isaac Aughinbaugh, William Coventry, J. D. Phillips, E. Helfenstein, G. A. Hatfield, Gorton Arnold, J. Cummins, William Bourne, William F. Comly, John Berkshire, L. B. Jones, Abelard Guthrie, Jonathan Keller, William Stonebarger, Marcus Rakestraw, Tunis P. Conover. David Stevenson.
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ACT OF INCORPORATION
An act to incorporate the Dayton Independence Fire Engine and Hose Company No. 1.
SEC. 1. Be it enacted by the General Assembly of the State of Ohio, that Edward W. Davies, Richard Green, Thomas Barrett, and their associates be, and they are hereby created and declared a body corporate and politic by the name of the Independence Fire Engine and Hose Company, No. 1; and as such shall be capable in law of suing and being sued, pleading and being impleaded in any action or suit, in any court having competent jurisdiction. They shall have power to hold and possess all property, whether real, or otherwise, and shall be competent to contract, and be contracted with; to enact by-laws, and to adopt such regulations as may be deemed proper for the good order of said Company, provided such by-laws and regulations are not contrary to the ordinances of the town of Dayton, the laws of this State, or of the United States.
SEC. 2. That the officers of said Company shall consist of a President, Vice President, Secretary, Treasurer and five Directors, who shall be elected by ballot, on the first Monday of January in each year, and shall hold, their offices, until their successors are chosen, provided that a failure to make an election on the day herein appointed, shall not work a forfeiture of the privileges of the corporation; but in case of such failure from any cause, the Directors shall have power to appoint such other day for an election as they may think fit.
SEC. 3. That said Company shall have power to use a common seal, which they may break, alter or renew at pleasure.
SEC. 4. This act shall be taken, received, and construed as a public act. Provided, that nothing herein shall be so construed, as to grant to said Company, the privilege of banking, or to prevent the Legislature of this State from amending, altering or abolishing this act whenever they may think proper.
DAVID T. DISNEY,
Speaker of the Senate.
JOHN M. KEITH,
Speaker of the House of Representatives.
Approved Feb. 20,1834.
