Fish v. Huddell, 5148.

• Decision Date: 29 June 1931
• Docket Number: No. 5148.,5148.
• Citation: 60 App. DC 263,51 F.2d 319
• Parties: FISH v. HUDDELL et al.
• Court: U.S. Court of Appeals — District of Columbia Circuit

60 App. DC 263, 51 F.2d 319 (1931)

FISH v. HUDDELL et al.

No. 5148.

Court of Appeals of District of Columbia.

Submitted May 7, 1931.

Decided June 29, 1931.

Thomas C. Bradley, P. H. Marshall, and Harry S. Barger, all of Washington, D. C., for appellant.

James S. Easby-Smith and F. W. Hill, Jr., both of Washington, D. C., for appellees.

Before MARTIN, Chief Justice, and ROBB, HITZ, and GRONER, Associate Justices.

HITZ, Associate Judge.

This is an appeal from an order of the Supreme Court of the District of Columbia dismissing on motion an amended bill for injunctive relief.

Appellant here, plaintiff there, elected to stand on his bill and brought this appeal.

In April, 1929, plaintiff was a member and business agent of local union No. 77, in this city, of the International Union of Operating Engineers.

About that time defendant Arthur M. Huddell, as general president of the International Union, suspended him as business agent, and for one year from membership in his local union.

By this action plaintiff claims he lost the usual rights and privileges incident to union membership, together with his salary of $75.50 a week and the use of an automobile as business agent.

The bill contains many other allegations of interference with the affairs of plaintiff and his local union by Huddell and the other defendants under his orders and direction.

All of these acts are alleged to have been unlawful, and injunctive relief against them is sought.

The motion to dismiss was based on the failure of the bill to show that plaintiff had exhausted his remedies within the association before resorting to a court of equity.

And on this motion the trial court dismissed the bill with leave to amend.

Article 4, § 2, of the constitution of the International Union, provides:

"The General President shall countersign all vouchers and checks for payment of moneys or for withdrawing funds from the bank. The General President shall have the power to appoint officers pro tem, and all committees not otherwise provided for, and to deputize any member in good standing to perform any of the duties of his office which time and distance may prevent him from performing personally. He shall have the direction and supervision of all Local Unions, with power to suspend either individual members or officers for incompetency, negligence or failure in successfully carrying out their duties, and he shall designate the persons to fill the places of officers or members thus suspended who shall conduct the affairs of the Local under his direction. He shall be vested with the full discretionary power to issue charters or to suspend the charter of any Local Union not complying with the Rules and General Laws for the government of the International Union of Operating Engineers until such time as hearing is had as provided in Article VII, Section 6, which hearing, if demanded by the Local Union shall be had within thirty (30) days.

"He shall have full control of the work of the organization throughout the jurisdiction of the organization subject to the approval of the General Executive Board. He shall have power to appoint representatives in such...