Lamphere v. Grand Lodge A.O.U.W.

• Decision Date: 13 January 1882
• Citation: 47 Mich. 429,11 N.W. 268
• Court: Michigan Supreme Court
• Parties: LAMPHERE v. GRAND LODGE A.O.U.W.

11 N.W. 268

47 Mich. 429

LAMPHERE v. GRAND LODGE A.O.U.W.

Supreme Court of Michigan

January 13, 1882

A society organized under a Michigan incorporation act cannot subject itself or its members to the jurisdiction of an authority existing outside of the state and beyond the control of the Michigan laws.

A grand lodge of the Ancient Order of United Workmen, incorporated under Comp.Laws, c. 94, cannot compel its members to pay assessments made under the orders of a supreme lodge incorporated under the laws of Kentucky and not subject to Michigan courts. Nor can it suspend members from their privileges as such for refusing to pay such an assessment.

Mandamus is a discretionary writ and will not usually lie to settle the controversies of private corporations where the facts are not important on public grounds, or would not justify the interference of the court if corporate authority did not exist.

Redress for injuries received from private corporations organized for joint or partnership undertakings, should be sought at common law, not through mandamus proceedings.

Mandamus.

A.D. Griswold and J.C. Shields, for relator.

Henry C. Sessions, for respondent.

BY THE COURT.

This is an application for a mandamus to compel the recognition of relator as a member of one of the subordinate lodges of the order of which respondent is the supreme governing authority in this state. As such member he stands insured by the respondent in the sum of $2,000, payable on his death, or on his surviving for a specified term of years. He stands suspended by the respondent, and thereby loses his insurance for refusing to recognize the orders of the supreme lodge of the order, which is a corporation existing under the laws of Kentucky, and not subject to this jurisdiction. The assessment was made to pay losses on risks taken by the order in other states and by other state grand lodges. The respondent is a Michigan corporation existing under chapter 94 of the Compiled Laws of 1871.

The relator is not liable to pay the assessment. It is not competent for the respondent to subject itself or its members to a foreign authority in this way. There is no law of the state permitting it, nor could there be any law of the state which would subject a corporation created and existing under the laws of this state to the jurisdiction and control of a body existing in another state, and in no manner under the control of our laws....