January 31, 2006
To Whom It May Concern:
Certain members of The John Birch Society have received a packet mailed to them under Don Fotheringham’s name and containing his return address [My general response]. According to Mr. Fotheringham, the stated purpose of the packet is “to address the problem” regarding his and others’ perception that “something is not right in Appleton.” His stated intent is that he will do his best to “explain and document what is at the core of it.”
Some of us have known Don Fotheringham for a long time, and all of us who are familiar with his work have admired his valiant defense of our nation’s Constitution and his outstanding and unimpeachable patriotism. We at the Society’s headquarters admire him, but we do not understand why he has gone in the direction he has regarding this matter.
In light of the high regard we hold for Mr. Fotheringham, it ought to be rather obvious to all who received an information packet from him why we are both astounded and disappointed by his actions. We now feel that we have been left with no other choice but to speak out.
It is not practical in the short space of this letter to contest all of the allegations, accusations, and charges in the 36 pages that Mr. Fotheringham mailed out and posted online. However, we do want to set the record straight about the central matter behind the charges Mr. Fotheringham made — curiously a matter Mr. Fotheringham does not address [My general response]. Interestingly enough, it is this very issue that shows how wrong his proposal is to return the JBS to its pre-October 21st status and restore the Executive Committee to the way it was constituted prior to that date.
Mr. Fotheringham has framed this recent leadership change as an internal fight in which a rogue faction used a technical loophole in The John Birch Society’s structure to hijack the organization from the hands of its duly-appointed leadership. To buttress his argument, Mr. Fotheringham asserts the following, regarding the proper roles of the Executive Committee and the Board of Incorporators, in his packet’s introductory letter dated January 10, 2006:
"In 1958, Robert Welch founded The John Birch Society under the laws of incorporation in Massachusetts. He was legally required to name a Board of Incorporators. So he named himself, his wife, his secretary, and a few close friends as members of the board. He never mentioned this and never intended for it to be used for anything other than to satisfy the corporate legal requirements of the state of Massachusetts.
Soon thereafter, Mr. Welch established an Advisory Council of about 20 men. He then vested executive replacement authority in an Executive Committee of five to seven individuals chosen from among members of the Council. It was the responsibility of the Executive Committee “to select, with absolute and final authority,” a successor to the highest office. You will find this on page 172 of The Blue Book. Until now, this procedure had been faithfully followed."
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