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Historical Documents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.
administrative

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Special Orders
Finances
Committees
Meetings
Dissolution

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ARTICLE IV.
membership

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Classifications
Requirements
Qualifications
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
Composition
Rank

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ARTICLE VII.
judiciary

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Civil Justice
Tribunal
Procedure


ARTICLE VIII.
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 and for the cause of states’ rights and constitutional liberty, by re-enacting their struggle in a manner which is authentic, professional, safe, and enjoyable. .

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SECTION III.  NAME

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

Whereas, the Lexington Rifles was mustered as Morgan’s Company into military service for the Confederate States by Major William Preston Johnston at Woodsonville, Kentucky on the twenty-seventh day of 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 Second Kentucky Cavalry upon organization of that regiment by Colonel 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 which 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 this 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, Second Kentucky Cavalry".

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SECTION IV.  MOTTO

Whereas, Brig.-General Basil Wilson Duke, who served as First Lieutenant of Morgan’s Company and as Colonel of the Second Kentucky Cavalry, was a noted post-bellum author and historian, and

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

Whereas, the fifth chapter of Duke’s book bears reference to the motto"Our Laws, the Commands of Our Captain which was prominently displayed at the entrance to the Lexington Rifles Armory 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

An 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 of the Company.  The descriptions and responsibilities of these offices are herein provided.         

A.  Chief of Staff
As 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 civil 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 fifty dollars United States currency, or eight-hundred fifty dollars 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.        

A.  Adjutant
As 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 agent for the chief executive officer.

1.)  The Adjutant shall assume all responsibilities of the chief executive officer if 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 on ballots, 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 have the fiduciary responsibility to maintain the treasury.   

1.)  The Paymaster is responsible for the deposit of all currency, scrip, 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 financial obligation which is owed by the Company, and to collect any debt which is owed to it.

3.)  The Paymaster is responsible for preparing an annual operating budget for the Company, 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.

ADMINISTRATIVE

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SECTION I.  SPECIAL ORDERS

A set of binding and enforceable rules, regulations and procedures for the efficient operation of the Company will be compiled in a separate body of special orders.

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SECTION II.  FINANCES

The Company shall operate on an approved budget during the fiscal year, to run concurrently with the calendar year, for which deficits and surpluses will be carried forward.  In order to ensure operation without deficit, the budget may be financially supported through the levying of dues, imposts, and fees in accordance with rules set forth by special order.

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SECTION III.  COMMITTEES

The Chief of Staff may appoint committees, each comprised of at least three members, to perform certain services and functions for the Company.  Committees dealing with identical or competing issues are permitted with the proviso that they each have the necessary sponsorship.  Working committees shall be temporary in nature and will be disbanded once their purpose has been fulfilled.  Standing committees, as herein provided, will be permanently maintained.

A.  Authenticity
The Authenticity Committee shall oversee the historical accuracy of dress, equipment, and behavior; and have jurisdiction to recommend standards for their adoption.   

B.  Recruiting
The Recruiting Committee shall oversee the recruitment and orientation of new members; and have jurisdiction to organize efforts for the purpose of recruiting.   

C.  Attendance
The Attendance Committee shall oversee matters involving member participation; and have jurisdiction to adjudicate the awarding of voting points.  

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SECTION IV.  MEETINGS

Meetings for the purpose of conducting business shall be closed to the public and be convened at times and places most convenient.  An agenda will be distributed prior to each meeting, and no other business extraneous of it will be conducted unless by consent of a majority in attendance.   “Robert’s Rules of Order, Newly Revised” shall govern the parliamentary procedure for all meetings, and minutes of these proceedings will be distributed afterward to all members. 

A.  Notices
Notice of the date, time, and place must be given at least twenty-one days prior to the annual convention, and at least five days prior to any special meeting.    

B.  Quorum
A quorum will be met by simple majority of all active duty members, but the lack of a quorum will not affect the proceedings unless a point of order is raised.   

C.  Annual Convention
The Company shall meet to conduct business annually within the first one-hundred eighty days.   

D.  Special Meetings
Business meetings, other than the annual convention, may be convened at the discretion of the Chief of Staff.   

E.  Councils of War
Councils of War, involving military personnel, may be convened at the discretion of the senior ranking military member, and are not subject to the requirements of this section.

F.  Order of Business
Business will be conducted at all meetings in the order 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.  DISSOLUTION

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

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.ARTICLE IV.

MEMBERSHIP

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SECTION I.  CLASSIFICATIONS

There are two classes of authorized membership statusActive duty and Honorarywhich are granted solely by the Company.

A.  Active Duty
Active duty membership status grants to a person who has been inducted into the ranks of the Company, and upon whom these by-laws are binding, all the rights, duties, and privileges thereof.   

B.  Honorary
Honorary membership status grants to a person, upon whom these by-laws are not binding, all the privileges of active duty status without the rights and duties thereof.

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SECTION II.  REQUIREMENTS

Members must subscribe to these by-laws and be able to demonstrate a level of dedication, competence, authenticity, knowledge, and safety in their historical portrayals which would assist the Company in fulfilling its mission. 

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SECTION III.  QUALIFICATIONS

Except for the restrictions noted herein, all free persons above the conscription age of sixteen years are eligible for membership.  Persons who are under the age of eighteen years must have the consent of a parent, guardian, or master .

A.  Males
In accordance with "Regulations for the Army of the Confederate States", men shall be effective, able-bodied and sober, free from disease, of good character and habits, and possess a competent knowledge of the English language.

1.)  Men shall portray soldiers of Company A, Second Cavalry Regiment of Kentucky Volunteers.  Civilian portrayals by males are not permitted.

B.  Females
In order to prevent overrepresentation of women in an organization employing nineteenth-century military standards, membership by females is limited to married re-enactors whose husbands are members; such status existing concurrently with that of their spouses.

1.)  Nothing herein is meant to limit the free association of unmarried female re-enactors with this organization.  However, unmarried females are not eligible for membership.

2.)  Women shall portray genteel ladies of polite society in antebellum Kentucky.  Military portrayals by females are not permitted.  

C.  Recruits
In order to be considered for induction into the ranks, recruits must earn a minimum of twelve points within a period of thirteen consecutive months.  In cases where membership is granted, the oath of enlistment shall be administered with military ceremony at a time and place most convenient.  

D.  Former Members
In order to be considered for reinstatement into the ranks, former active duty members must pay any delinquent debt owed to the Company and earn a minimum of six points within a period of thirteen consecutive months.   

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SECTION IVALLEGIANCE

Based upon mutual bonds of trust, fidelity, and brotherhood that are considered to exist between members of this organization, allegiance to the Company is in primis.  Members are prohibited from engaging in conduct, as herein provided, which conflicts with the interests of this organization.    

A Treason
Levying war against the Confederate States, or adhering to their enemies, giving them aid and comfort – a practice that is commonly referred to as “galvanizing” – is considered to be treasonous conduct.  However, nothing herein is meant to prohibit service to the government of the United States which would not otherwise constitute treason.  

B.  Disloyalty
Provision of military service to another organization of the Confederate States is considered to be disloyal conduct.  However, nothing herein is meant to prohibit such service under authorized military command or in circumstances whereby the Company is unviable.

C.  Defamation
Affiliation with any person or organization, whose ill reputation would otherwise impugn, denigrate, or tarnish the good name and image of the Company and/or the Confederate States, is considered to be defamatory conduct.   

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SECTION V.  ABROGATION

Membership status may be abrogated by suspension or by termination.

A.  Suspension
Temporary revocation of membership rights, but not the duties or privileges thereof, may occur under circumstances as herein provided.  Full reinstatement of suspended rights 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 in accordance with these by-laws.

B.  Termination
Permanent separation from the Company and revocation of all membership rights, duties, and privileges may occur under circumstances herein provided.  However, no such separation shall relieve any member from accrued, but unpaid, obligation to the Company.

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 in accordance with these by-laws.

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.ARTICLE V.

SUFFRAGE

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SECTION I.  VOTING

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

A.  Eligibility
Only 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, thereby 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 the level of their individual participation, elections for office and an event schedule shall be conducted by weighted secret ballot.

A.  Weighted Ballots
Points will be used to weight election ballots.  Each weighted ballot will indicate the number of points that were earned by the recipient, who may assign all, some, none, or split their points in casting the ballot.

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

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

2.)  One bonus point will be added for the following events or circumstances, respectively:  The annual convention; an 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 impeached and removed from office for dereliction of duty or for violation of these by-laws and/or the 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 elected from those that are nominated for consideration.  The numbered order in which a nominated event is placed on the ballot will act as a multiplier in determining the point value that will be assigned to weight the choice.

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.ARTICLE VI.

MILITARY

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SECTION I.  REGULATIONS

"Regulations for the Army of the Confederate States", including the "Articles of War", and all other laws appertaining to guidance of the Army for both volunteer and regular troops as enacted by the Confederate States Congress and published by authority of the War Department, will govern the military affairs of this organization and nothing contrary to them will be enjoined or permitted.

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SECTION II.  COMPOSITION

The Company shall be organized in accordance with Army regulations, which authorize the following number of personnel for a company of cavalry one Captain, one First Lieutenant, one Second Lieutenant, one brevet Second Lieutenant, one First Sergeant, four Sergeants, eight Corporals; from sixty-four to eighty-two Privates, one Farrier, one Blacksmith, and two Buglers.

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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 brevetted 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 which is conferred by the President of the Confederate States, by and with the advice and consent of the Senate.

1.)  Captain is the senior-rank line officer who commands the Company, and who is responsible for its administration, welfare, and the completion of its missions.

2.)  Lieutenant (First and Second grades) is a junior-rank line officer who commands at the platoon level, and who assists the Captain in the performance of his duties.

B Enlisted Soldiers
Enlisted soldiers hold no commissioned rank, but may hold positions of rank and authority that are granted by the regimental commander upon recommendation of the company commander.

1.)  First Sergeant is the senior-grade non-commissioned officer who has authority over all enlisted men of the Company, and who is responsible for managing its operation.  

2.)  Sergeant is a non-commissioned officer who leads at the section level, and who is responsible for its supervision.  

3.)  Corporal is a junior-grade non-commissioned officer who leads at the squad level, and who is responsible for its direction.  

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

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.ARTICLE VII.

JUDICIARY

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SECTION I.  CIVIL JUSTICE

In order to settle disputes, preserve order, and administer civil justice with fairness and impartiality, these by-laws may be interpreted and enforced by a judicial tribunal.  Nothing herein is meant to preclude the administration of military justice through court-martial in accordance with "Regulations for the Army of the Confederate States".

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SECTION II.  JUDICIAL TRIBUNAL

The Board of Directors will serve as the Judicial Tribunal, for which the Chief of Staff will preside as judge; and the Adjutant, the Company Clerk, and the Paymaster will act as jury.

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SECTION II.  PROCEDURE

Civil justice will be administered in accordance with the procedural order herein provided.

A.  Complaint
A complaint alleging violation of these by-laws and/or the special orders may be brought against a member only by another member.  Such charge shall bear details of the complaint and be filed with the Chief of Staff.

B Indictment
The Chief of Staff will determine if there are reasonable grounds for the complaint.

1.)  If no reasonable grounds exist, the complaint will be dismissed as unfounded.

2.)  In cases where reasonable grounds for the complaint are found, a hearing of the evidence by the Judicial Tribunal shall be convened.

C Hearing
Evidence will be presented to the Judicial Tribunal for the purpose of determining the issue of facts in the indictment.

1.)  The defendant will have the right to be confronted by witnesses against him, to have witnesses appear in his favor, and to have counsel for his defense.

2.)  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.

D Judgment
Following presentation of the evidence, the jury will deliberate on a verdict and shall find the defendant either guilty or not guilty of the charge.  A verdict of not guilty will result in acquittal.  Judgment will be final, with no option to appeal.

1.)  No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

E Sentencing
In cases where a defendant is convicted of the charge, the jury will determine the sentence, which the judge may impose or stay at his discretion.

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ARTICLE VIII.

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 this constitution and these by-laws for the Lexington Rifles – Company A, Second 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 the Lakewood Forest Preserve, Wauconda, Illinois on the First day of April, Anno Domini MM.
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In Witness Hereof, we have subscribed our names. 

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

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SECTION II.  AMENDMENTS

These by-laws may be amended upon ratification by two-thirds majority of the entire membership.  Any amendment which adopts, changes, or deletes any provision thereof shall revise the main body of the original text; and the date and place of the ratification shall be recorded.

FIRST  Revision
Twenty-seventh day of January
Anno Domini MMI.
Waukegan, Illinois
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Second  Revision
Twenty-fourth day of February
Anno Domini MMII.
Gurnee, Illinois
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Third  Revision
Sixth day of July

Anno Domini MMII.
Wauconda, Illinois
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Fourth  Revision
Second day of May

Anno Domini MMIV.
Brookfield, Wisconsin.
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FIfth  Revision
Twenty-sixth day of February

Anno Domini MMVI.
Galena, Illinois
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SIxth  Revision
Eleventh day of March

Anno Domini MMVII.
Galena, Illinois
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Seventh  Revision
Ides of March

Anno Domini MMIX.
Galena, Illinois
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Eighth  Revision
Seventh day of August

Anno Domini MMX.
Boscobel, Wisconsin
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NInth  Revision
Sixteenth day of October

Anno Domini MMXI.
Channahon, Illinois
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Tenth  Revision
Twenty-third day of March

Anno Domini MMIII.
Beach Park, Illinois
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Eleventh  Revision
Twenty-third day of March

Anno Domini MMIV.
Bolingbrook, Illinois
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