Crutcher v. Easter Division, No. 321, O. R. C. of America

• Decision Date: 05 December 1910
• Citation: 132 S.W. 307,151 Mo. App. 622
• Parties: CRUTCHER v. EASTER DIVISION, NO. 321, OF THE ORDER OF RAILWAY CONDUCTORS OF AMERICA et al.
• Court: Missouri Court of Appeals

132 S.W. 307

151 Mo. App. 622

CRUTCHER v. EASTER DIVISION, NO. 321, OF THE ORDER OF RAILWAY CONDUCTORS OF AMERICA et al.

Springfield Court of Appeals. Missouri.

December 5, 1910.

1. APPEAL AND ERROR (§ 1176) — EQUITY CASE — DISPOSITION ON APPEAL.

In an equity case the appellate court will examine the testimony, and, if the judgment below was incorrect, order such judgment as the evidence warrants.

2. ASSOCIATIONS (§ 20) — INTERNAL AFFAIRS — REGULATION BY COURTS — REMEDIES.

The courts will only take jurisdiction of the internal affairs of voluntary associations when property rights are involved, and will only pass on questions affecting such affairs in so far as necessary to protect the property rights directly involved, and, if the party has a complete remedy within the society as provided by its laws, the courts will not act until he has exhausted his remedy.

3. BENEFICIAL ASSOCIATIONS (§ 10) — REVIEW OF PROCEEDINGS — INJUNCTION.

Where the laws of a benefit association required the president to enforce strict observance of such laws, and authorized him to convene

any division at any time, preside thereon, and correct its error, etc., he had power to annul for irregularities proceedings transferring a member from one division to another, and such member, having neglected to appeal to the Grand Division, as by the laws of the order he was entitled to do, could not by injunction restrain the order from refusing him the privileges of membership.

Appeal from Circuit Court, Barton County; B. G. Thurman, Judge.

Action by L. F. Crutcher against Easter Division, No. 321, of the Order of Railway Conductors of America and others. Judgment for defendants, and plaintiff appeals. Affirmed.

Hamlin & Seawell and Harry Timmonds, for appellant. J. H. Trewin, E. C. McAfee, and W. D. Tatlow, for respondents.

COX, J.

This action was brought in the circuit court of Greene county, and, on change of venue, sent to Barton county. The action is one by injunction by which plaintiff seeks to enjoin the defendant, Easter Division, No. 321, Order of Railway Conductors, and its officers, from refusing plaintiff admission to the halls occupied by the lodge and from interfering with his rights and privileges as a member of said division.

The Easter Division, No. 321, O. R. C. is a local society in a secret order known as the Order of Railway Conductors of America, and plaintiff claims to be a member of said local division, No. 321. The Order of Railway Conductors has connected with it an insurance feature, and plaintiff holds a policy issued by it. This insurance department is incorporated under the laws of the state of Iowa and has its headquarters at Cedar Rapids, Iowa. It issues a policy to its members by which it agrees to pay, under certain conditions, certain benefits to the holder of the policy, and, on the death of the policy holder, to the beneficiary named therein, a sum of money therein specified. The policy held by plaintiff was for $2,000, and it is conceded that the policy would become void in case he should cease to be a member of the order by whose authority the policy was issued. The supreme authority of the lodge is vested in what is known as a "Grand Division," and its headquarters were at Cedar Rapids, Iowa. The subordinate lodges are known as "divisions," and are given numbers; the one made defendant in this case being No. 321.

The facts out of which this litigation grew may be briefly stated as follows: The plaintiff was a member of Division No. 30, O. R. C. On December 29, 1908, the charter of division No. 30 was arrested by the president of the Grand Division. Under the laws of the order, upon the charter of division No. 30 being arrested, all the members in good standing of division No. 30 at that time became and were members of the Grand Division, and remained so until the end of the year following the year in which the charter was arrested, unless within that time they had become members of another local division. If they failed to become members of a local division before the expiration of that time, their membership in the order ceased. To become a member of a local division it was necessary to secure a transfer card from the Grand Division, and, upon presentation of this card to the local division named therein, such local division was authorized to receive the party holding the card as a member; but, in order to receive him as a member, his application should be voted upon, and it required a majority vote of the members of the local division present to admit him. Plaintiff secured such a card and presented it to defendant lodge No. 321, Springfield, Mo., and on May 10, 1909, at a regular meeting of said local division, his application was voted upon, and a majority voted in favor of receiving him as a member. At this meeting plaintiff and some others were admitted to the meeting prior to the time of balloting upon the application of plaintiff for membership therein, and remained in the meeting while the ballot was being taken, and were in possession of the semiannual password of the lodge, having obtained said password in some way which it is claimed by respondents was not the way provided and practiced by the order. By reason of the fact that this plaintiff and other parties were permitted to be present at this meeting of the lodge without having received the semiannual password in the regular way, the president of the order, on June 29, 1910, after having been informed of the facts in the case, wrote a letter to the chief conductor and secretary of division No. 321, and also addressed a letter to plaintiff, which was received by plaintiff in due course, notifying the officers of the lodge and the plaintiff that the proceedings of the meeting of May 10, 1909, were illegal and void by reason of the presence of unauthorized persons in the lodge room during the meeting. Shortly thereafter charges were lodged against plaintiff in local division No. 151, located at Monett, Mo., and a dispensation...