To: General Councilors, Society Presidents, and Field Representatives
Since our last meeting, Duane Faw, Chairman of the Judicial Committee,
sent a letter to each member of the Houston society concerning the Licensing
Agreement. I also wrote each member concerning their society officers.
I received a response from one of the society members, Allen Brazell. Copies
of these letters are enclosed.
The Judicial Committee held a meeting and Duane reported that since
the signed Licensing Agreement has not been received from the Houston society,
he will notify them of a hearing to show cause why their charter should
not be revoked.
David Elders, Charter Committee Chairman, indicated the application
for charter of the Boulder/Denver study groups had been approved. The Rocky
Mountain Urantia Society of Denver will probably be installed sometime
in February. We welcome the participation of this new society in Brotherhood
affairs.
As reported by Harry McMullan, the Domestic Extension Committee is preparing
a questionnaire to be sent to everyone on our mailing list to determine
the number of active study groups and where they are located. This information
will be of great value for referring individual readers to meet fellow
students of The Urantia Book.
The proposed budget of $89,660.00 for 1980 was presented. There was
considerable discussion on the items comprising the budget. Final determination
will take place at the December meeting.
Miss Joy O'Shea of Upper Horseshoe Creek, Australia, was accepted as
a member at-large. We welcome her in assisting the Brotherhood in its various
tasks of spreading the teachings.
I hope that each of us has the opportunity to fellowship with family
and friends over the Thanksgiving holiday and benefit in spirit from such
fraternal association.
Warm regards,
John Hales, President
JH/MTR
Urantia BROTHERHOOD October 30, 1979
Our records show you as a member of Urantia Brotherhood by virtue of
your membership in First Urantia Society of Houston, hereinafter called
the Houston Society. This is to advise you of a matter which may affect
your future relationship with Urantia Brotherhood.
The Charter Committee of Urantia Brotherhood has filed with the Judicial
Committee on August 15, 1979, a petition to revoke the charter of the Houston
Society for conduct which contravenes the spirit and purpose of Urantia
Brotherhood. Should the charter be revoked, all persons comprising the
Houston Society would cease to be members of Urantia Brotherhood by operation
of its Constitution. This would include you.
Revocation of the Houston charter would be based upon the refusal of
the Houston Society to execute the Licensing Agreement with Urantia Foundation.
Over the past years much information has been circulated about the purpose
and effect of the Licensing Agreement: some voicing legitimate concerns,
some reflecting errors and misunderstandings, and some being grossly misleading.
Since we have no way to know what you have heard or read about the agreement,
it is appropriate to review the origin, purpose, and effect of the agreement
for your personal information.
When the papers comprising The Urantia Book were given, the persons
receiving them were given a dual responsibility: first, to preserve inviolate
the text; and second, to foster the spread of the fifth epochal revelation
contained in the papers. When Urantia Foundation became the custodian of
the papers it fell heir to both of these responsibilities. The first responsibility
is being fulfilled in part by copyrighting the papers in the form of The
Urantia Book and "preserving" the copyright by preventing infringements
of it. Although Urantia Brotherhood supports Urantia Foundation in these
efforts, they are not directly involved in the Licensing Agreement. The
agreement is directly concerned with the second responsibility.
The second responsibility (to foster the spread of the revelation) demands
concern for the reputation and general acceptance of The Urantia Book,
of the revelation and of any movement associated with it. You can understand
the adverse impact upon the spread of the fifth epochal revelation if the
word "Urantia" and its associated mark or symbol, the three concentric
circles, were used in such a manner as to bring discredit, disrepute, or
derision upon the teachings. This second responsibility is being fulfilled,
in part, by registering the word "Urantia" and its associated
mark or symbol as trademarks, 'trade names, service marks, or service names,
and by doing those things legally necessary to preserve these "rights"
for use by the movement.
Preservation of the "rights" represented by the copyright
and the registered word, mark, or symbol has become unexpectedly tedious,
time-consuming, and expensive. The Foundation has undertaken these unpleasant
steps only from a deep sense of personal obligation and a strong sense
of duty. No personal advantage or private profit has ever accrued to any
Trustee from any of these steps.
The Licensing Agreement is designed to assist Urantia Foundation in
its actions to preserve and protect the registered word, mark, or symbol.
It has no other purpose. It was drafted and circulated upon the advice
of attorneys who are specialists in this field of law who pointed out that
it was not enough merely to register the word, mark, or symbol (as the
Foundation had done), it must also preserve them. Classic examples of registered
words or marks which were "lost" for lack of proper preservation
are "aspirin," "linoleum" and "escalator."
The attorneys further advised that the only way to preserve the "rights"
to the registered word, mark, or symbol is to prevent unauthorized use
of them; that it is not enough to challenge an occasional abuser of them,
rather that the registered owner must exercise (and prove) due diligence
in limiting the use of the "rights" to those specifically authorized
to use them.
After discussions extending over three years with officials, members,
and societies of Urantia Brotherhood and held all over the country, the
Foundation adopted a strategy or technique to preserve the registered "rights"
which seemed eminently fair to all parties. Under it, the Foundation would
"authorize" Urantia Brotherhood and its component societies to
use the registered word, mark, or symbol in all their regular and normal
activities. Such authorization, in the form of a license, would spell out
the uses of the "right" which could be enjoyed by the licensees.
The license would be granted free of charge to Urantia Brotherhood components
which formally "recognized" the rights of the Foundation to the
word, mark, or symbol. Of course, such authorization would be legally meaningless
unless the Foundation also prohibited the use of the word, mark, or symbol
by those who did not recognize such rights as belonging to the Foundation.
The Licensing Agreement was completed and circulated in November 1977.
By the middle of 1978 it had been accepted and signed by the Brotherhood
and every Urantia Society except Houston. A copy of this agreement is enclosed
for your examination and information. It is couched in cold legal language,
easily misread and misunderstood. But, as you can see, its total effect
is to authorize the use of the word, mark, or symbol in all normal Brotherhood
activities. No society desires to do the things not authorized by the agreement;
these are included for legal reasons. It spells out for the first time
the proper and improper usages of the word, mark, or symbol.
In short, the Licensing Agreement does nothing more than to recognize
and acknowledge that the registered word, mark, or symbol are the "rights"
of the Foundation, agree that they are used by the Society as a licensee,
and spell out the uses which the Society can make of these "rights"
without jeopardizing their continued existence. It does not inhibit or
restrict any standard practice or activity of the Society, or alter any
relationship heretofore existing between the Foundation and the Society.
When the Foundation and the Brotherhood agreed to protect the "rights''
of the Foundation in this particular manner it created a unique legal situation.
Should any society refuse to execute the Licensing Agreement and continue
to use the registered word, mark, or symbol, such usage would be unauthorized.
To allow such unauthorized use to continue would be evidence of lack of
due diligence by the Foundation to preserve its "rights" which,
in turn, would jeopardize the "rights" themselves. And should
such "rights" be lost, the Foundation could not enforce them
against other unauthorized users, including those who would abuse them.
This would defeat the very purpose for which the rights were obtained.
The copyright of The Urantia Book will expire early in the 21st century.
At that time the enemies of the book (there are and will be enemies) can
publish spurious "edited" and "redrafted" copies of
all or parts of the book. How will future generations know which version
is authentic? Protected words, marks, and symbols do not expire like copyrights.
An important way--perhaps the only way--to protect the authenticity and
purity of the text of The Urantia Book for future generations is through
certification by the organization permanently identified with the book
through the protected word, mark, or symbol: Urantia Foundation. It would
be tragic if this option were lost to the world through the loss of the
Foundation's "rights" caused in part by the thoughtless conduct
of a branch of Urantia Brotherhood.
When the Houston Society refused to execute the agreement, efforts were
made to communicate to the society, through its duly constituted officers,
the reasons why execution of the agreement is both necessary and proper.
Similar efforts have been directed to concerned members of the society.
The fact that the society has not executed the agreement indicates that
such efforts have not been successful. We are now writing each member,
directly.
Upon learning of the Houston Society's refusal to execute the agreement,
Urantia Foundation prohibited the use of its registered word, mark, or
symbol by the society. Affirmative measures are now required to prevent
the unauthorized use of the protected "rights" by the Houston
Society; otherwise the rights, themselves, may be jeopardized. Hence the
recommendation to revoke the charter of the Houston Society for conduct
contravening the spirit and purpose of Urantia Brotherhood.
The spirit and purpose of Urantia Brotherhood are inseparably bound
to the preservation of the purity of the text of The Urantia Book throughout
succeeding generations and to the furthering of the reputation and general
acceptance of the teachings of the book. On these issues the Brotherhood
and the Foundation have the same goals. Therefore, any conduct which affirmatively
jeopardizes the rights of the Foundation with respect to the registered
word, mark, or symbol can be said to contravene the spirit and purpose
of Urantia Brotherhood.
It is not proposed that the unauthorized use of the Foundation's "rights"
by the Houston Society will, by itself, invalidate such rights. It is enough
that such unauthorized use places the society in league with other unauthorized
users which, if unopposed by the Foundation and its friends, will collectively
invalidate such rights. It is the act of jeopardizing, not necessarily
destroying, the Foundation's "rights" which is in issue. Except
for the Houston Society, the entire Urantia Brotherhood is united on this
issue.
We see no valid reason why our brothers and sisters in the Houston Society
are not eager to co-operate with Urantia Foundation, the governing elements
of Urantia Brotherhood ' and every other Urantia Society in this simple,
costless way to help to preserve and protect the "rights" necessary
to foster the wholesome spread of the teachings of the fifth epochal revelation.
Hopefully, it has been from a lack of understanding. If so, it is not too
late to execute the agreement at this time.
For your information, unless the Judicial Committee has been notified
by its meeting on Friday, November 9, 1979, that the Licensing Agreement
has been properly executed, it will be the duty of the Committee to set
a date for a hearing in Chicago at which the Houston Society will be asked
to show cause why its charter should not be revoked. Of course, if the
Licensing Agreement is properly executed by the society before the date
of the hearing, the hearing will not be necessary.
Should the Houston charter be revoked, you will cease to be a member
of Urantia Brotherhood. As you are aware, disenfranchisement from Urantia
Brotherhood does not in any way affect your personal relationship with
our heavenly Father, impede your own spiritual progress or deny you the
fellowship of other students of The Urantia Book. It may, however, foreclose
your opportunity to participate fully, in a positive and meaningful way,
in the formal activities and direction of Urantia Brotherhood, the first
and largest organization devoted solely to the dissemination of the teachings
of The Urantia Book and the spread of the fifth epochal revelation.
If the charter of the Houston Society should be revoked, you may, if
you wish, apply to the Judicial Committee for special dispensation in the
form of a finding that your loss of membership is "without prejudice."
Such a finding would probably be based upon proof of your personal support
of the Licensing Agreement. Although such a finding does not automatically
restore your membership in Urantia Brotherhood, it removes your disability
to join the Brotherhood at a later date.
This letter is sent to you out of a sense of fairness and deep personal
concern. It is fair that you be fully advised of this matter which may
affect your future relationship with Urantia Brotherhood in time for you
to do something about it. We are concerned about your personal feelings
in this matter. We regret the inevitable consequences to you of a revocation
of the Houston charter: your loss of membership in Urantia Brotherhood.
It will be our loss as well. We sincerely desire that the Houston Society
shall take the action which will avoid its expulsion and insure its continuation
as an active and supportive member of Urantia Brotherhood.
I have expressed to the leader of each Houston faction a willingness
to come to Houston to meet with all the Society on the matter of the Licensing
Agreement. This offer still stands.
If you have any questions or helpful suggestions, please write or telephone:
Duane L. Faw, Chairman of the Judicial Committee, Urantia Brotherhood,
23301 Bocana, Malibu, CA 90265; telephone (213) 456-9708.
Fraternally yours,
for Duane L. Faw Chairman, Judicial Committee
Scott M. Forsythe Secretary, Judicial Committee
DLF/MTR Encl.: Licensing Agreement
Urantia BROTHERHOOD 533 DIVERSEY PARKWAY CHICAGO ILLINOIS 60614
November 2, 1979
Recently you were sent a letter from Duane L. Faw, Chairman of the Judicial
Committee of Urantia Brotherhood. It deals specifically with the issue
of the Licensing Agreement and your society. I am writing you concerning
a different matter -- the elected officers of the First Urantia Society
of Houston.
Urantia Brotherhood does not wish to interfere in those affairs that
are autonomous to the Houston Society. Since we have received various notices
as concerns who are your officers, we can only go by those facts. that
are a matter of record.
Urantia Brotherhood received notice on March 8, 1979, that your society
had held its Regular Annual Meeting on February 22, 1979, and elected the
following officers:
President - Mr. James P. Jarnagin Vice President - Mr. Glenn Bell, Jr.
Secretary - Mrs. Lea House Treasurer - Mrs. Adrienne Jarnagin
We have received no notice that these officers have resigned or vacated
their office. The only way they can be replaced is governed by the constitution
of the First Urantia Society of Houston. Article VI ... Officers, Section
6.2. Election of Officers:
"Officers of this society shall be elected at its regular annual
meeting and [underlining added] hold office for one year and until their
successors are duly elected and qualified."
Also, Article V Meetings: Section 5.2. Formal Meetings, states:
"a. Regular Annual Meetings: A regular annual meeting of the members
of this Urantia Society shall be held once each calendar year at its usual
place of meeting, or at the time and place designated by the Governing
Committee. Notice of such meetings shall be given at least two weeks prior
to such meeting."
There is no provision in the Houston constitution to change your officers
except at the Regular Annual Meeting.
When you became a member of the Houston Society and therefore a member
of Urantia Brotherhood, you agreed to abide by the constitutions of both
the society and the Brotherhood. It is reassuring to know that when individuals
or groups of individuals have serious differences which seem impossible
of mutual agreement there is recourse to constitutional procedures to reach
decisions. I encourage all of the society members to work together in resolving
their differences by utilizing your society's constitution.
Please do not hesitate to contact me if you feel I can be of any assistance.
Sincerely,
John Hales, President Urantia Brotherhood
JH/jh
W Allen Brazell
P.O. Box 26575
Houston, Texas 77207
(713) 644-6590
October 8, 1979
Mr. John W. Hales, Pres. Urantia Brotherhood 533 Diversey Parkway Chicago,
IL 60614
John:
Your letter of November 2 was an announcement that you have joined certain
other individuals of 533 who, in collusion with the Jarnagins, have been
attempting for more than a year to make the tale wag the dog in Houston,
who knowingly collaborated to frustrate the will of the majority members
of the First Urantia Society of Houston.
The lip service you pay to the propriety of all of us observing the
facts only draws attention to your own disregard of them. You say that
you do not wish to interfere in our internal affairs, then immediately
proceed to do so. You assume a posture of objectivity and fairness, while
acting to serve your own ulterior purposes.
Where is integrity, honesty, courage, moral principal? Is not the Brotherhood
supposed to be a spiritual organization oriented to a search for truth?
to learn and use the teachings from the Urantia Book? to help people grow
spiritually? Where is the leadership?
You show yourself as being another member of 533 who follows a code
of ethics which I have heard referred to at 533 by a slogan of human immaturity,
"The ends justify the means". Blindly they work to destroy what
they initially started out to protect.
John, you presume to charge the Houston Society with failure to observe
its own constitution in the conduct of its own affairs. You have no right
to do so. Article V. Section 5.4. of the Urantia Brotherhood Constitution
says, "Each Urantia Society shall be autonomous in all matters of
its government and activities, including the determination of its membership."
Besides not having the right, you are completely wrong in fact. Under
its Constitution, never, at any time, does the Houston Society relinquish
the right to govern itself. Its Constitution exists to serve the Society,
not the other way around. At all times the will of the majority prevails.
Never does an individual or a minority group have the right to disregard
or contravene the will of the majority. The majority has the right both
to install officers and to remove them, when and as it decides. The removal
of the Jarnagins from office was done strictly according to the Constitution
of the Houston Society. Jim Jarnagin failed to finish his term of office
in Houston for the same reason Richard Nixon failed to finish his in Washington
-- Betrayal of Trust.
In our Society's letter of August 9, 1979, your office was officially
notified of the change of officers as well as the change of delegates to
the General Conference last August. These same notices also were presented
in person by the two valid delegates from the Houston Society and by me
at the General Conference. Is it not obvious to everyone that you are attempting
to deceive people by saying that you were not notified of our change of
officers?
Are you not resorting to political conniving as did your predecessor,
Meredith Sprunger, who, together with Carolyn Kendall, abused their official
trust and shamefully compromised the integrity of the Brotherhood? These
two officials refused to seat the properly elected delegates from Houston.
Instead, they seated the Jarnagins, despite being officially notified that
those individuals were not delegates from the Houston Society.
Against my cautioning, Duane Faw also violated the Brotherhood Constitution
and the autonomy of the Houston Society with his circular letter of October
30 directly to Houston Society members. It introduced nothing new. The
entire membership of the Houston Society already was informed on the whole
story about the licensing agreement. Besides written communications, the
subject has been freely aired in open discussions over the past five years
since it was first proposed. I believe that Duane was sincere in saying
that "out of a sense of fairness and deep personal concern" he
wanted the Brotherhood members in Houston to be fully advised of the issue.
Disappointingly, his presentation on the subject made him appear to be
playing the role of advocate for the Foundation. Some of his words would
serve to induce me to believe that the license agreement really does not
mean what it says it means. Predictably, like your own direct approach
to individual members, it has been largely received as an intrusion upon
the autonomy of the Houston Society, and has widened the gap between 533
and Houston.
On November 9, 1979, the First Urantia Society of Houston will hold
its Regular Annual Meeting to elect new officers to replace those temporarily
installed in the emergency of last July. A report on the results will be
duly sent to you.
Your mention in your letter that our last Regular Annual Meeting was
held on February 22, 1979, was noted. It is easy to anticipate from you
a future attempt at parliamentary interpretation and intrusion into our
autonomy with a claim that the election of November 9 was not valid. We
expect you to echo Jarnagin's claim that he [was] not deposed, but that
he has not yet served his full term. A double-load of rubbish!
John, you say you go by facts? The reason the last Regular Annual Meeting
was held in February 1979 was the procrastination by then-president Jarnagin
to call the meeting. In the same fashion he procrastinated in calling the
Meeting the year before that. The Society's Constitution sets no specific
date for elections of officers; it is subject to the will of the majority.
Traditionally, our elections are fall events, usually in November, as was
our first election ten years ago, shortly before the charter was issued
December 7, 1970. Now, our Regular Annual Meeting is again scheduled as
usual.
Any question by you as to the validity of either our present temporary
officers or of our November 9 election of new officers will only be another
instance of your personal deficiency as president of the Brotherhood, and
will add, for public viewing, more of the soiled linen of 533. If you wish
to deal with the First Urantia Society of Houston, the only channel is
through the officers thus Constitutionally elected.
John, you end your letter with an offer of assistance and close with
"Sincerely", but the contents of your letter show that you really
do not mean everything you say. In contrast, you can safely accept my words
in this letter as coming to you
Sincerely,
W. Allen Brazell, Member First Urantia Society of Houston and General
Council Urantia Brotherhood
wab/ba Copies: Other Urantians
