Curran v. O'meara

• Citation: 211 Mass. 261,97 N.E. 907
• Parties: CURRAN et al. v. O'MEARA et al.
• Decision Date: 29 February 1912
• Court: United States State Supreme Judicial Court of Massachusetts

211 Mass. 261

97 N.E. 907

CURRAN et al. v. O'MEARA et al.

Supreme Judicial Court of Massachusetts, Middlesex.

February 29, 1912

COUNSEL

Brown Field & Murray (H. La. Rue Brown, of counsel), for appellants.

John M Maloney, for appellees.

OPINION

BRALEY J.

The plaintiff not having excepted to the master's report, the question before us is whether upon his findings the decree dismissing the bill should be affirmed. The parties were members of Ayer Circle, No. 478, of the Companions of the Forest of America, a secret fraternal beneficiary order composed of a supreme circle with grand circles and subordinate circles, each of which is a voluntary association. It had an elaborate system of general laws for its own government, and for the creation and government of grand and subordinate circles. A grand circle having been duly organized in this commonwealth, Ayer Circle was recognized as a subordinate circle under the jurisdiction of the grand circle, and subject to all general laws then in existence or which might thereafter be adopted by the grand circle under the power reserved to that body in the general laws to make changes. By reason of internal dissensions the order in this jurisdiction became divided into two factions resulting in two rival annual conventions, where the officers elected by each claimed to be the only legal officers of the grand circle. It is stated that a large majority of the members of Ayer Circle were favorable to one faction in preference to the other, but did not secede from the order, and paid the capitation taxes for that year to the financial secretary elected by the convention with which it was in sympathy. It does not appear that the rival faction ever called or held an annual convention, and when the time came for calling the next convention the position of grand financial secretary was held by an incumbent in possession of the office, who performed its duties, and the notices for the convention were issued in discharge of her secretarial functions as prescribed by the general laws. It was unnecessary for the plaintiffs to offer further proof of her authority. Atty. Gen. v. Crocker, 138 Mass. 214; Fitchburg R. R. v. Grand Junction R. R. & Depot Co., 1 Allen, 552, 557. The master having found that this convention was called and held with a quorum of officers and delegates in accordance with the laws of the order, he rightly ruled that Julia A. McCarthy was legally elected grand chief companion of the grand circle, and that her election was binding upon all subordinate circles.

The convention also adopted a revision of the grand laws of the grand circle, which having been approved by the supreme supervisor of laws, became effective even if no copy was sent to Ayer Circle, or to any of its members. By article 16 section 2, of these laws it was provided, among other causes, that a subordinate circle may be dissolved 'for improper conduct,' and 'for neglecting or refusing to make returns, or for nonpayment of dues or taxes to the grand circle,' and by article 6 the grand chief companion was authorized to suspend any subordinate circle for cause, subject to the right of appeal to the grand executive council, and from this body to the grand circle. But if Ayer Circle was in arrears for capitation taxes, which the master finds were intentionally withheld, and there is plenary evidence in the report that a majority of its...