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Historical Documents

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Constitution & By-Laws

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brass insignia hat device
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Company A, 2nd Regiment Cavalry
1858 U.S. Army Regulations
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Background Music:
"darling nellie gray"

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TABLE OF CONTENTS

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ARTICLE I.
ESTABLISHMENT

Authority
Mission
Name
Motto


ARTICLE II.
executive

.Board of Directors
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ARTICLE III.
administration

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Special Orders
Financial Affairs
Committees
Meetings
Judicial Affairs
Dissolution

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ARTICLE IV.
membership

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Types
Requirements
Eligibility
Allegiance
Abrogation

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ARTICLE V.
suffrage

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Voting
Elections

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ARTICLE VI.
military

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Regulations
Organization
Rank


ARTICLE VII.
ratification & amendments

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Ratification
Amendments

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ARTICLE I.

ESTABLISHMENT

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SECTION I.  AUTHORITY

The good people of this organization, who in aggregate shall constitute the Company and bear equal responsibility for its civil affairs, have the full power of Impeachment and to enact By-laws, levy War, contract Alliances, establish Commerce, and to do all other acts and things in its own interest which an independent organization may of right do.  The powers not delegated to the Company by these By-laws, nor prohibited by them, are reserved to the good people of this organization.  

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SECTION II.  MISSION

The objective of this organization is to portray Company A of the Second Cavalry Regiment, Kentucky Volunteers, during the War for Southern Independence.  This organization shall also be devoted to honoring the memory of the brave soldiers and citizens of the Southern Confederacy who fought against Federal Tyranny for the cause of States Rights and Constitutional Liberty by re-enacting their struggle in a manner that is authentic, professional, educational, safe, and enjoyable.

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SECTION III.  NAME

Whereas, a militia company named the Lexington Rifles was raised and established by Capt. John Hunt Morgan at Lexington, Kentucky in 1857, and was later designated as Company A of the Lexington Battalion in the 1st Regiment, Kentucky State Guard, and

Whereas, the Lexington Rifles was mustered as Morgan's Company into military service for the Confederate States by Maj. William Preston Johnston at Woodsonville, Kentucky on 27 October 1861, and was later designated as Company A of Morgan's Cavalry Squadron in the Army of Central Kentucky, and  

Whereas, after having gained renown under the sobriquet of "Morgan's Raiders", Morgan’s Squadron became the nucleus for formation of the 2nd Kentucky Cavalry upon organization of that regiment by Col. John Hunt Morgan at Chattanooga, Tennessee in June 1862, and

Whereas, in response to the tyrannical usurpations by the federal government of the United States against the people of Kentucky, Morgan and his men committed themselves to fight in defense of liberty against despotism and the enemies of freedom, thereby establishing a reputation as a formidable force that became famous in the annals of warfare for cunning, gallantry, and valor,

Now, Therefore, Be It Resolved, by the good people of this organization, that the Company shall henceforth be known as the “Lexington Rifles”, and that it may also be referred to as Morgan's Company” or as “Company A, 2nd Kentucky Cavalry”.

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SECTION IV.  MOTTO

Whereas, Brig.-Gen. Basil Wilson Duke, who served as 1st Lieutenant of Morgan’s Company and as Colonel of the 2nd Kentucky Cavalry, was a noted post-bellum author and historian, and    

Whereas, the book “History of Morgan's Cavalry”, that was written by Duke and first published in 1867, is recognized as being an authoritative and historically reliable account of the subject, and        

Whereas, Chapter V of Duke’s book refers to the motto“Our Laws, the Commands of Our Captain” that was prominently displayed at the entrance to the Lexington Rifles Armory, located at Main and Upper Streets in Lexington, Kentucky,

Now, Therefore, Be It Resolved, by the good people of this organization, that those words and that sentiment shall be retained as the official motto of this Company.

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.ARTICLE II.

executive

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SECTION I.  BOARD OF DIRECTORS

A elected Board of Directors shall have the power and the duty to conduct civil affairs on behalf of the Company, and shall be bound to support these By-Laws.  Any unilateral decision made by a board member may be overridden by vote.  The descriptions and responsibilities of these offices are herein provided.        

A.  Chief of Staff
As the chief executive officer, the Chief of Staff shall possess the superintending powers and duties usually vested in the Office of President, and shall be empowered to conduct all non-military affairs.

1.)  The Chief of Staff shall preside over civil meetings and disciplinary hearings, and is responsible for preparing an agenda for such proceedings.

2.)  The Chief of Staff is empowered to authorize payment of any debt not exceeding $50 United States currency, or $850 Confederate States currency.

3.)  The Chief of Staff may appoint committee members and temporarily fill vacant civil offices until proper elections take place in accordance with these By-laws.  

B.  Adjutant
As the assistant executive officer, the Adjutant shall possess the general powers and duties usually vested in the Office of Vice-President, and shall be empowered to act as an agent for the chief executive officer.

1.)  The Adjutant shall assume all responsibilities of the chief executive officer whenever the Chief of Staff is unable to discharge the duties of that office.

2.)  The Adjutant is empowered to cast a deciding vote in all cases of a tie.

C.  Company Clerk
As clerical officer, the Company Clerk shall possess the general powers and duties usually vested in the Office of Secretary, and shall maintain all non-financial records and correspondence.   

1.)  The Company Clerk shall notify members of the time, place, and proposed agenda of meetings and hearings, and shall keep the minutes of all such proceedings.

2.)  The Company Clerk shall register the Company for attendance at scheduled events.

3.)  The Company Clerk shall act as elections judge by conducting elections, by certifying the number of voting points accrued, and by tallying election results.  

D.  Paymaster
As financial officer, the Paymaster shall possess the general powers and duties usually vested in the Office of Treasurer, and shall be accountable for all financial transactions.   

1.)  The Paymaster is responsible for the deposit of U.S. and C.S. currency, script, gold, and other valuables in the name and to the credit of the Company in such depositories as may be designated by the Board of Directors.

2.)  The Paymaster is empowered to disburse Treasury funds for the payment of any debt that is owed by the Company, and to collect any debt that is owed to it.  

3.)  The Paymaster is responsible for preparing an annual operating budget, which shall estimate expected revenues and disbursements for the year.  

4.)  The Paymaster will investigate revenue evasion; counterfeiting; forgery; smuggling; and the distillation of illicit spirits within the ranks.

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.ARTICLE III.

adminstration

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SECTION I.  SPECIAL ORDERS

A set of rules, regulations, and procedures for governing the operation of the Company will be compiled in a separate body of Special Orders which may be adopted, changed, or deleted by majority of a quorum.

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SECTION II.  FINANCIAL AFFAIRS

The Company shall maintain a Treasury and operate on an approved budget during the fiscal year, which will run concurrently with the calendar year, for which deficits and surpluses will be carried forward.  To ensure operation without deficit, the budget may be financially supported through the levying of dues, imposts, and fees in accordance with rules as are set forth in the Special Orders.

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SECTION III.  COMMITTEES

Committees may be appointed that will act in an advisory role to research issues and offer recommendations to the Company.  They may also be responsible for certain services and functions of the companyMultiple committees dealing with identical or competing issues are allowed, providing they each have the required sponsorship.  Nothing in this section is meant to preclude any member from offering proposals to the Company for its consideration.

A.  Composition
Committee shall be comprised of a minimum of three members who are appointed by the Chief of Staff.  

B.  Standing Committees
The Company will maintain the following standing committees, with the respective functions and duties as are herein provided.

1.) Authenticity The committee shall provide oversight of the historical accuracy in dress, equipment, and behavior; and has jurisdiction to recommend standards for their adoption.   

2.) Recruiting The committee shall provide oversight of the recruitment and orientation of new members; and has jurisdiction to organize efforts and to disseminate information for the purpose of recruiting.

3.) Attendance The committee shall provide oversight of matters involving member participation, and has jurisdiction to adjudicate the awarding of voting points.

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SECTION IV.  MEETINGS

The Company shall meet at a time and place that is convenient to its members, for which purpose an agenda will be published and no other business extraneous of it will be conducted unless by consent of a majority in attendance.  A quorum will be met by majority of the entire membership, but the lack of a quorum will not affect the proceedings unless a point of order is raised.  “Robert’s Rules of Order, Newly Revised” shall govern the procedure of these meetings.

A.  Annual Convention
A meeting of the Company will be convened annually within the first 5 months of each calendar year with at least 21 days advance notice being given.    

B.  Special Meeting
A meeting of the Company, other than the annual convention, may be convened at the discretion of the Chief of Staff with at least 5 days advance notice being given.  

C.  Council of War
A Council of War involving military personnel may be convened anytime at the discretion of the military commander without advance notice being given, and is not subject to the requirements of this section.  However, a report of all such meetings shall be made available to the Company.

D.  Order of Business
Business will be conducted at all meetings in the order as is herein provided.

1.) Call to Order                             

2.) Minutes

3.) Official Reports

4.) Old Business            

5.) New Business

6.) Elections                 

7.) Adjournment

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SECTION V.  JUDICIAL AFFAIRS

In the interest of preserving civil order and administering justice fairly, disciplinary hearings may be conducted to enforce the By-laws and the Special Orders of the Company.  Nothing in this section shall preclude the military staff from invoking martial law or conducting a court-martial in accordance with the “Regulations for the Army of the Confederate States”.

A.  tribunal
The Board of Directors will act as a Tribunal in hearing civil disciplinary complaints.  The Chief of Staff will preside as judge, while the Adjutant, the Company Clerk, and the Paymaster will act as jury.     

B.  Order of Procedure
Civil justice will be administered according to the procedural order as is herein provided. 

1.)  Complaint A complaint alleging violation of these By-Laws or the Special Orders by a member may be brought forth only by another member.  Such charge shall bear details of the complaint and be filed with the Chief of Staff, who will determine if there are reasonable grounds for the complaint.  If none exist, the complaint will be dismissed as unfounded.  

2.)  Indictment In cases where reasonable grounds for the complaint are found, a hearing to present the evidence shall be convened by the Chief of Staff. 

3.)  Hearing The accused will have the right to be confronted by witnesses against him, to have witnesses appear in his favor, and to have assistance of counsel for his defense.  No member shall be subject for the same offense to be twice put in jeopardy, nor shall be compelled to be a witness against himself.

3.)  Verdict Following presentation of the evidence, the jury will deliberate on a verdict and shall find the accused either guilty or not guilty of the charge.  A verdict of not guilty will result in acquittal of the accused. 

4.)  Sentencing In cases of conviction through verdict of guilt, the Tribunal will determine the sentence, which may be imposed or stayed at the discretion of the judge.  Judgment will be final with no option to appeal.

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SECTION VI.  DISSOLUTION

This organization may dissolve and terminate its affairs by unanimous ratification of a resolution proposing such action at a properly convened meeting of the Company.

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.ARTICLE IV.

MEMBERSHIP

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SECTION I.  TYPES

There are two types of authorized membership statusActive Duty and Honorarywhich are granted solely by the Company at its discretion.  

A.  Active Duty
Active duty membership grants to a person, who has been inducted into the ranks of the Company, all the rights, duties, and privileges thereof.   

B.  Honorary
Honorary membership grants to a person, who has been awarded that distinguished title by the Company, all the privileges of active duty membership without the rights and duties thereof.

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SECTION II.  REQUIREMENTS

Active Duty members shall subscribe to these By-Laws and be able to demonstrate a level of competence, authenticity, knowledge, skill, and safety in their historical portrayal that would assist the Company toward fulfillment of its mission. They shall also be effective, able-bodied and sober, free from disease, of good character and habits, and possess a competent knowledge of the English language.

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SECTION III.  ELIGIBILITY

Except for the restrictions noted herein, all free persons over the age of 16 who subscribe to the By-laws and Special Orders of this organization are eligible to petition for membership.  Those under the age of 18 must have the consent of a parent, guardian, or master.  All members must be able to demonstrate a level of competence, authenticity, knowledge, skill, and safety in their historical portrayal that would assist the Company toward fulfillment of its mission. Each member should also be effective, able-bodied and sober, free from disease, of good character and habits, and possess a competent knowledge of the English language.

A.  Males
All males over the conscription age of 16 shall portray military members of the Confederate cavalry service.  Civilian portrayals by males above the age of conscription are not permitted.

B.  Females
All females shall portray genteel women of polite society in ante-bellum Kentucky.  Military portrayals by females are not permitted.

1.)  In order to prevent overrepresentation of women in an organization portraying 19th-century military standards, membership by females is limited to those married re-enactors whose husbands are members; such status existing concurrently with that of their husbands' tenure.   

2.) The free association of unmarried female re-enactors with this organization is not prohibited, but unmarried females are not eligible for membership.

C.  Recruits
Recruits are eligible to petition for membership, subject to meeting the requirements within these By-Laws.  In cases where a petitioner’s induction is approved, the oath of enlistment shall be administered in a military ceremony to be conducted at a time and place most convenient

1.)  In order to be considered for induction, a recruit must earn a minimum of twelve voting points within the prior period of thirteen consecutive months.

D.  Former Members
Former members are eligible to petition for reinstatement, contingent upon payment of any debt owed to the Company and subject to meeting the requirements within these By-Laws. 

1.)  In order to be considered for induction, a former member must earn a minimum of six voting points within the prior period of thirteen consecutive months.

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SECTION IVALLEGIANCE

Based upon a mutual bond of trust, fidelity, and brotherhood that is considered to exist between members of this organization, allegiance in primus to the Company is expected.  Nothing in this section shall prohibit service to the government of the United States that would not otherwise constitute a conflict of interest as is herein defined, or shall prohibit detached service to another organization of the Confederate States under circumstances whereby the Company is unviable.  

A Conflict of Interest
Members are prohibited from engaging in conduct, as is herein provided, that conflicts with the interests of this organization

1.)  Treason Levying war against the Confederate States, or in adhering to their Enemies, giving them Aid and Comfort; a practice that is commonly referred to as "galvanizing".  

2.)  Disloyalty Unauthorized service to another organization of the Confederate States.

3.)  Defamation Affiliation with any organization that would otherwise impugn or denigrate the good name and reputation of the Company or of the Confederate States of America.

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SECTION V.  ABROGATION

Membership status may be abrogated by means as are herein provided.

A.  Suspension
Temporary revocation of membership rights, but not the duties or privileges thereof, may occur under certain circumstances; the full reinstatement of which will occur only when the obligation is met or forgiven.

1.)  Suspension will occur automatically when debt to the Company is delinquent, but is not yet past the deadline for payment.

2.)  Suspension may occur by order of the judicial Tribunal as a consequence of conviction in a disciplinary hearing.

B.  Termination
Permanent separation from the Company and revocation of all membership rights, duties, and privileges may occur under certain circumstances.

1.)  Resignation may occur voluntarily, and without reason or prejudice, by tendering official notice to any member of the Board of Directors.

2.)  Cashiering will occur automatically when debt to the Company is delinquent after the deadline for payment has passed.

3.)  Cashiering may occur by order of the judicial Tribunal as a consequence of conviction in a disciplinary hearing.

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.ARTICLE V.

SUFFRAGE

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SECTION I.  VOTING

Matters of Company business will be decided by democratic vote at properly convened meetings.  All deliberative issues, other than office elections and the selection of an event schedule, shall be decided by voice, by show of hands, or by non-weighted secret ballot at the discretion of the presiding officer.  With exception of the two-thirds majority that is required for amending these By-laws, all issues will be decided by majority of the quorum.          

A.  Eligibility
All active duty members in good standing are eligible to vote and to hold office.  However, only military personnel are eligible to vote concerning military affairs or to hold military office

B proxies
The Company will allow the use of proxies, empowering one member to act on behalf of another.  The proxy is valid only during the meeting for which it is issued.   

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SECTION IIELECTIONS

In order for members to have a voice that is proportional to their individual participation, office elections and the selection of an event schedule shall be conducted by weighted secret ballot.

A.  Weighted Ballots
Voting points will be used to weight ballots for office elections and for the selection of an event schedule.  Each weighted secret ballot will cite the number of voting points earned by the recipient, who may assign all, some, none, or split their points in casting the ballot.

B.  Voting  Points
Voting points will be earned through participation at approved events and are accrued annually, but are available for use only during the subsequent calendar year and will not be accumulated from one year to the next.  Participation is defined as any meaningful contribution of support that assists the Company in fulfilling its mission.  Voting points will be earned according to the scale as is herein provided.

1.)  One point will be earned for each day’s participation at an approved event.

2.)  One point will be added as a bonus for each of the following events or circumstances, respectively:  The annual convention; any approved fund raising event and/or social event; and attendance on consecutive days of an approved multi-day event.

C.  Elected Offices 
A person who is elected shall hold their office during good behavior, but may be removed from office for dereliction of duty or for violation of these By-laws and/or Special Orders.  Terms of office for elected positions are for one year, with no term limits.  Elections for each vacant office will be conducted in descending order.

D.  Event Schedule
An official event schedule for the calendar year will be selected from those nominated for consideration, of which an unlimited number may be included.  The order in which a voter places a nominated event on their ballot will determine the point value that will be used as a multiplier to weight their choice.
  

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.ARTICLE VI.

MILITARY

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SECTION I.  REGULATIONS

“Regulations for the Army of the Confederate States, “Regulations for the Army of the Confederate States, including the "Articles of War”"Articles of War”"Articles of War”"Articles of War”, and all other laws appertaining to the guidance of the Army both Volunteer and Regular as enacted by Congress from and published by authority of the War Department from 1861-1864, will govern the military affairs of the Company and nothing contrary to them will be enjoined or permitted.

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SECTION II.  ORGANIZATION

The Company shall consist of a maximum of one-hundred officers and men.  It will be commanded by a captain, but its operation will be the responsibility of a first sergeant.  Company strength shall be divided into two platoons, each being commanded by a lieutenant.  Platoons shall be divided into two sections, each being supervised by a sergeant.  Sections shall be divided into two squads, each being supervised by a corporal.  Squads shall consist of un-numbered sets of four soldiers.

A.  Composition
Army regulations authorize one captain, one first lieutenant, one second lieutenant, one brevet-second   lieutenant, one first sergeant, four sergeants, and eight corporals; from sixty-four to eighty-two privates, one farrier, one blacksmith, and two buglers.  

1.)  Those who took the oath of service at the Green River Baptist Church in Woodsonville, Kentucky on October 27, 1861, included one captain, one first lieutenant, two second lieutenants, one first sergeant, five sergeants, two corporals, and sixty-four privates.  

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SECTION II.  RANK

All military members shall hold the permanent rank of private, with positions of higher rank attainable in accordance with these By-laws and the Special Orders.  Persons who are elected or promoted to higher rank shall have the power and duty to conduct military affairs commensurate with their rank.  The descriptions and responsibilities of these positions are herein provided.

A.  Commissioned Officers
Commissioned officers hold command rank and authority that is conferred by the President, by and with the advice and consent of the Congress.

1.)  Captain The senior rank company-grade line officer who is in command of the Company and who is responsible for its administration, welfare, and the completion of its missions.

2.)  Lieutenant (First and Second grades)   A junior rank company-grade line officer who is in command of a Platoon and who acts as administrative assistant to the Captain.  

B.  Enlisted Soldiers
Enlisted soldiers hold no commissioned rank, but may hold positions of rank and authority that are granted by a commissioned officer.

1.)  First Sergeant The senior grade non-commissioned officer who is charged with authority over the other enlisted soldiers of the Company and who is responsible for its operation.  

2.)  Sergeant A non-commissioned officer who is charged with authority over a Section and who is responsible for its supervision and the completion of its duties.  

3.)  Corporal A junior grade non-commissioned officer who is charged with authority over a Squad and who is responsible for its direction.  

4.)  Private An enlisted volunteer or conscripted soldier who is without authority, but who may hold positions of responsibility and special assignment.

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.ARTICLE VII.

RATIFICATION & AMENDMENTS

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SECTION I.  RATIFICATION

WE, the petitioners in convention, assembled, invoking the favor and guidance of Almighty God for the rectitude of our intentions, and by authority of the good people of this organization, do ordain and hereby establish these By-laws for the Lexington Rifles – Company A, 2nd Cavalry Regiment of Kentucky Volunteers.  In doing so, the petitioners solemnly publish and declare that this Company is free and independent, and is absolved from all allegiance to any other organization except the Confederate States of America.
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DONE, by unanimous consent of the petitioners present at Wauconda, Illinois on 1 April, Anno Domini MM.
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In Witness hereof we have subscribed our names. 

Thomas Knight ,  Allan Petrusky , Warren Pierce , Robert Sanderson , Steve Sonnon

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SECTION II.  AMENDMENTS

These By-laws may be amended upon ratification by two-thirds of Company members.  Any amendment adopting or deleting any provision thereof shall revise the main body of the original text; and the date, place, and roll of those attending the ratification shall be recorded.

1st Revision
These By-Laws were amended at Waukegan, Illinois on 27 January, Anno Domini MMI.
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2nd Revision
These By-Laws were amended at Gurnee, Illinois on 24 February, Anno Domini MMII.
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3rd Revision
These By-Laws were amended at Wauconda, Illinois on 6 July, Anno Domini MMII
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4th Revision
These By-Laws were amended at Brookfield, Wisconsin on 2 May, Anno Domini MMIV.
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5th Revision
These By-Laws were amended at Galena, Illinois on 26 February, Anno Domini MMVI.
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6th Revision
These By-Laws were amended at Galena, Illinois on 11 March, Anno Domini MMVII.
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7th Revision
These By-Laws were amended at Galena, Illinois on 15 March, Anno Domini MMIX.
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8th Revision
These By-Laws were amended at Boscobel, Wisconsin on 7 August, Anno Domini MMX.
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9th Revision
These By-Laws were amended at Channahon, Illinois on 16 October, Anno Domini MMXI.
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10th Revision
These By-Laws were amended at Beach Park, Illinois on 23 March, Anno Domini MMXIII.