"The
Ancient Order of Hibernians is an association existing in the
United States, whose intent and purpose, as the preamble to
its constitution declares, is 'to promote friendship
unity, and true Christian charity among its members by
raising and supporting a stock or fund of money for
maintaining the aged, sick, blind and infirm members, for the
legitimate expenses of the order, and for no other purpose
whatever.' While possessing a charter in this state, it
is, nevertheless, conducted as a voluntary association, being
an integral part of a large body spread throughout the
country, and governed by a general constitution, under which
various divisions in each state are formed. The unit, so to
speak, from which the intricate system of association and
government takes its rise, is the division, of which any
number may exist in this country. The five officers of the
division, viz., the president, vice president, recording
secretary, financial secretary, and treasurer, constitute the
division board of directors, and the same officers of all the
divisions in the county, together with the county delegate
elected by them, constitute the county board of directors.
There is a standing committee of each division, consisting of
seven, whose duties are to inquire into the character and
qualifications of persons proposed for membership, and try
all charges preferred against members. The state delegate,
secretary and treasurer are elected from the board of
directors of all the divisions in the state. The state board
of directors consists of the state and county and division
officers throughout the state. A state convention is held
biennially. The state delegates, state secretaries, state
treasurer, and a county delegate from each county, together
with an additional delegate in each county for every one
thousand members in good standing over and above the first
thousand in said county; also the national directory
(consisting of five members) elected by the national
convention. This convention is presided over by a national
delegate, who, with a national secretary and national
treasurer, constitute the officers of the convention, and are
elected by the same.
"The
national directory, with the national officers, have power to
adjust all questions of national importance. They are
practically the ruling body of the order in all matters
affecting the general interest, subject only to be reversed
by the national convention. Their channel of communication
with the various divisions is through the national secretary,
the state delegate, the state secretary, and finally the
county delegate. Each division has power to make its own
rules for its internal welfare, provided they are in
accordance with the constitution and subject to the approval
of the state delegate, state secretary, and county delegate.
These details of the machinery and workings of the order are
obtained from the constitution of the order, placed in
evidence by the defendant, and which was adopted at the
national convention held at Cleveland, Ohio, May 16, 1884,
before the split occurred, which is the source of the present
controversy. In addition to this constitution, a set of
by-laws adopted by the state convention were placed in
evidence, which did not substantially conflict with the
provisions of the constitution as above recited. By the terms
of these by-laws a quorum for a division shall consist of
five members, in conjunction with the president, vice
president and secretary, or their representatives. The order
is a beneficial association, its initiation fees, dues, fines
and contributions being devoted to sick benefits under the
rules of the order. Apart from the constitution and by-laws,
evidence was adduced to prove an unwritten custom or
understanding touching the secret features of the order. As
to these features, the evidence discloses that the order
originated many years ago as an independent organization, an
outgrowth of, and bearing close friendly relations with, the
order known as the Board of Erin in Great Britain. Their
object being similar, their relationship was fostered by the
interchange of cards, and transfer of membership was carried
on through the medium of the national delegate, who, at
stated intervals, received and transmitted through the
regular channels to the several divisions the signs and
passwords, termed goods and merchandise, in vogue in the
Board of Erin, thus maintaining a constant and close
affiliation with what was looked upon as the parent
association abroad. Of this connection no mention is made in
the written constitution, and no restraint or rule is imposed
upon the national delegate or national directory regarding
the maintenance or severance of the relations between them
and the foreign board. No obligation was imposed by any
agreement enforcible upon the foreign body to furnish the
goods in question, such act being entirely optional and
voluntary upon its part. That the general expectation of the
members in joining the order was that the 'goods'
should come from abroad seems free from doubt, but it is no
less certain that in all matters affecting the interest of
the order the decision of the national directory, in
conjunction with the national officers, was final, subject
only to be reversed by the national convention called in
conformity to the constitution.
"Such
being the organization of the order, some time in the month
of June, 1884, after the close of the national convention, a
call was made by one Murray, a city delegate of New York
having no authority under the constitution to make a call,
but being directed by the Board of Erin to do so, for an
extra session of the national body to be held in New York in
August of that year. This so-called convention was
accordingly held, whereat a new set of national officers was
selected and the 'goods' withheld from the national
delegate duly elected at the regular convention held at
Cleveland on May 16, 1884. A circular was then issued by the
national directory and officers of the regular or Cleveland
convention, announcing the severance of all the relations
between the order and the Board of Erin. This circular was
ordered to be read at two meetings of each division of the
order, and was presented accordingly and read at the regular
November meeting of the Division No. 4, of Philadelphia, held
at Shear's Hall in that city. Subsequently it was again
read at the December meeting of the division, when, in the
language of the minutes, 'it was moved and seconded that
the circular be received,' and the motion was 'agreed
to.' At the next regular meeting of the division, on
January 7, 1885, the question having arisen as to the
acceptance of the minutes of the prior or December meeting, a
vote was taken and the minutes were rejected so far as
concerned the acceptance of the circular above mentioned. The
evidence shows that the vote was close and there was much
confusion, and there is a conflict of testimony as to what
the vote was, but from the whole evidence the master finds
that the majority favored the rejection of the minutes so far
as the circular was concerned, the intention being to disavow
the circular and reject the authority of the national
directory in severing its allegiance to the Board of Erin.
The officers of the division at that time were: William
O'Connor, president; Patrick Gorman, vice president;
James McGlinn, recording secretary; Edward McElroy, financial
secretary; James Roane, treasurer. The standing committee
consisted of Charles Coyle, Dennis Donovan, Patrick Burk,
John O'Donnell, John Leonard, Michael McArdle, and Thomas
Daly. When the sentiment of the majority manifested itself,
great confusion resulted -- threats being used, and such
disorder ensued that the president, William O'Connor,
fearing trouble, resigned his office. J. V. Gorman was
thereupon elected his successor in office, and the meeting
calmed down sufficiently to permit of his being escorted to
the chair by a committee appointed by the retiring president.
Upon a motion to that effect, a vote of thanks was tendered
Mr. O'Connor for his services. Thereupon the adherents of
the Cleveland party left the hall, the retiring president
having first delivered to the new president the seal of the
order and all of the papers and its charter. Upon their
departure, a new oath or obligation was administered by the
vice president, Patrick Gorman, a form of the same having
been obtained from the secretary of the New York convention,
and which differed somewhat from the oath provided by the
rules to be administered to members joining the order. The
constitution of the order adopted at Cleveland was repudiated
by the adoption of the old constitution of the order, which
had been in force prior thereto, and from that time forward
the Division No. 4, as represented by those who remained in
the hall on the night of the split, recognized and affiliated
with the order represented by the New York convention, and
has ever since sent its delegate to the national convention
of said order. There was much conflict of testimony as to the
number of those who remained in the hall and of those who
left at the time of the split. The general concensus would
seem to make the whole number present between sixty and
seventy. The...
