International projectionist (Oct 1931-Sept 1933)

July-August 1933 INTERNATIONAL PROJECTIONIST 29 the prescribed oath of fidelity to the organization. It is undisputed that the applications of the plaintiffs herein were never approved by the General Secretary-Treasurer of the International Alliance, that they were never voted upon by Local 306, and that they never took the prescribed oath or obligation. Notwithstanding non-compliance with these requirements, it is the contention of the plaintiffs that because of the manner in which the Union dealt with them and because of the alleged representations, warranties, promises, and agreements of the Union and its officers, these requirements were waived. Among other things, it is alleged that the Union held plaintiffs out to the public as members thereof, permitted them to picket and to carry placards during strikes announcing that the carriers thereof were members of Local 306 and affiliated with the American Federation of Labor. No Waiver of Requirements Without reviewing at length the testimony on this aspect of the case and the alleged representations and promises, assuming the same to be true, I am of the opinion that the plaintiffs have failed to sustain the burden of truth as to any waiver by Local 306 or the International Alliance of the requirements above referred to prescribing the conditions under which members may be admitted to Local 306. In the absence of such proof and in view of the fact that the necessary requirements for membership have not been complied with, irrespective of any views the Court may have as to Wilson's Hi-Heat Lubricant The Perfect Lubricant for All Types of Projection Arc Lamps HI-HEAT LUBRICANT can be applied on any and all moving parts of arc lamps. It will not bum, gum, or build-np in the highest intensity lamp. It is of great value in removing burnt screws, scored shafts, tight bushings, etc. It cools quickly an overheated bearing. A little Hi-Heat on a cloth will keep commutators dark, smooth and shiny. Hi-Heat is warranted not to contain any graphite, acid, abrasive or any harmful ingredient. It is recommended by all leading projectionists and by many mannfactorers, Hi-Heat is also highly effective in Imbricating parts that are not easily accessible. It works equally well with either a hot or cold lamp. The only practical lamp lubricant. Now giving splendid service in more than 200 theatres Price: oOc a bottle, prepaid R. M. WILSON 230 Jones St. San Francisco, Calif. the desirability of plaintiffs being accorded membership in the Union and the hardships which they claim a denial thereof may entail, the provisions of the Constitution and By-Laws above referred to are controlling and the Court is without power to declare plaintiffs members of Local 306. In McKane v. Adams (123 N. Y. 609, 192), the Court, in discussing the rights of an individual to membership in any unincorporated association stated as follows: " * * * The right to be a member is not conferred by any statute; nor is it derivable as in the case of an incorporate body. It is by reason of the action and of the assent of the members of the voluntary association that one becomes associated with them in the common undertaking, and not by any outside agency, or by the individual's action. Membership is a privilege, which may be accorded or withheld, and not a right, which can be gained independently and then in force." In Branagan against Buckman, (67 Misc. 242, 247), the Court in discuss Made in France SUN ARC CARBONS Best by Test Used in Radio City by the World's largest theatres — RKO Music HaU RKO Roxy Carbon savers for Hilow and High Intensity carbons — Free of Charge! Samples on Request CARBON PRODUCTS, Inc. 324 West 42nd Street New York, N. Y. • All projectors in Radio City theatres and projection rooms are equipped with Clayton Even-Tension Take-ups. Radio City thus confirms the judgment of thousands of theatres — the largest and the smallest — throughout the world which found the Clayton to be the perfect take-up. No springs — no adjustments to make. Write for catalog of Clayton aids to good projection and sound reproduction. "" " ' Clayton Even-Tension Take Ups CLAYTON PRODUCTS CO, 3 1-45 TIBBETT AVENUE NEW YORK, N. Y. Ho¥¥ Many? Was this copy dog-eared when it came to you? How many men read it ahead of you? You would receive a clean, fresh copy if you had a personal subscription — and you wouldn't have to wait — ^you would be first to read it. INTERNATIONAIi PROJECTIONIST, 580 Fifth Ave., New York, N. Y. Enter my subscription for Q 1 year —12 issues— $2.00 Q 2 years— 24 issues$3.00 Name Address City State.. Local