Kelly v. Grand Circle Women of Woodcraft

• Decision Date: 13 December 1905
• Citation: Kelly v. Grand Circle Women of Woodcraft, 40 Wash. 691, 82 P. 1007 (Wash. 1905)
• Parties: KELLY et al. v. GRAND CIRCLE WOMEN OF WOODCRAFT.
• Court: Washington Supreme Court

82 P. 1007

40 Wash. 691

KELLY et al. v. GRAND CIRCLE WOMEN OF WOODCRAFT.

Supreme Court of Washington

December 13, 1905

Appeal from Superior Court, Spokane County; Henry L. Rennan, Judge.

Mandamus by Maria Kelly and another against the Grand Circle Women of Woodcraft. From a judgment of dismissal, plaintiffs appeal. Affirmed.

S. S. Bassett and John P. Judson, for appellants.

A. D Stillman and Denton M. Crow, for respondent.

MOUNT C.J.

Appellant Maria Kelly was expelled from membership in Beta Circle, No 330, Women of Woodcraft. Thereafter she applied to the superior court of Spokane county for a writ of mandamus directed to the respondent to reinstate her in the order claiming that she was wrongfully expelled and had been thereby damaged in a large amount. An alternative writ was issued. In answer to this writ, the respondent denied the material allegations of the writ, and alleged affirmatively that appellant was properly expelled from the order, in substantial compliance with the laws thereof. The cause came on for trial. Appellant demanded a jury, which was refused. The court thereupon heard all the evidence of the appellants and on motion of respondent dismissed the proceedings. From this judgment of dismissal the appeal is prosecuted.

The facts as they appeared upon the trial are substantially as follows: The respondent is a social, fraternal, and mutual benefit insurance society, incorporated under the laws of Colorado, and authorized to do business in this state. The supreme controlling body is known as the Grand Circle Session, which is composed of members elected by subordinate circles, and which is presided over by an officer called the Grand Guardian, who has general charge of the Grand Circle. In different states are subordinate lodges, called Circles, presided over by an officer known as the Guardian Neighbor. Beta Circle, No. 330, is one of these subordinate circles, located at Spokane. Appellant was a member of Beta Circle, No. 330, and held a policy of insurance in the order for $1,000. The business of the lodges and the rights and liabilities of all members are controlled by by-laws, a copy of which is found in the record. These by-laws provide, among other things, as follows:

'Sec. 15. As soon as information, either verbal or written, is received by her, the Guardian Neighbor (or when the Guardian Neighbor is charged, or is absent and unable to act, then the Adviser) shall refer the matter to a special committee of three Neighbors, to whom she shall communicate all that she has learned, concealing the name of the informant, if so desired.

'Sec. 16. Said committee shall diligently investigate the matter referred to them, and if they find sufficient grounds, shall prepare charges as follows: 'We, the committee to whom was referred certain accusations against Neighbor _____ have investigated the matter and deem it our duty to charge _____ with [here state the acts or offenses and the dates, as nearly as may be possible, when said offense was done], and recommend that the Circle investigate the same. We would cite as witnesses in the case the following names: [Here give names.] Signed this ___ day of _____, 19__. [Signed by Committee.] Said charges shall be filed or a report of the committee be made why same should not be done, at the next regular meeting after the accusation has been referred to said committee.

'Sec. 17. Charges having been filed with the clerk, he or she shall read the same under head of 'General Business,' and shall make a copy of the same, excepting he names of the committee, and the Attendant shall deliver said copy to accused, if he or she resides in the city, or mail it to his or her last-known address, together with a notice to appear at a regular or special meeting to be held not sooner than a week after the one in which charges are read, and instructing him or her to be present with any witnesses or documents necessary in his or her defense.

'Sec. 18. Trial should be had at a regular or special meeting to be appointed by the Guardian Neighbor, and be held at least one week after charges are preferred. The accused may appear in person or by a Neighbor, and the Banker, or in his or her absence, the Adviser, shall assist him or her in interrogating witnesses. The Guardian Neighbor shall question witnesses, and the accused or his or her assistants may cross-question the witnesses. Should any of the witnesses not be members of the Fraternity, they may be invited in and examined before members are examined, and in their presence, any reference to the secret work shall not be permitted. The case may be postponed from time to time by a two-thirds vote of the members present.

'Sec. 19. After all evidence is in, the Guardian Neighbor, or, in proper case, the Adviser, may discuss the matter, and one Neighbor on behalf of the accused, may reply, and the accused may also be heard in his or her own behalf. He or she shall then retire to the anteroom, and the Neighbors can discuss the matter, but shall be confined to five-minute speeches.

'Sec. 20. After discussion, the matter shall be put to a vote on the question, Is he or she guilty as charged? And if convicted, on the following questions: First. Shall he or she be expelled? If two-thirds vote 'Yes,' he or she shall be expelled; otherwise the question shall be: Second. Shall he or she be suspended from the Circle?'

In September, 1901, charges were preferred against appellant Maria Kelly, and a committee was appointed to investigate the same. This committee made a report as follows: 'We, the committee to whom was referred certain accusations against Neighbor Maria Kelly, have investigated the matter, and deem it our duty to charge her with making threats to use the funds of the Circle regardless of her right to do so, and of slandering several members of Beta Circle, and of the Grand Officers of the order. We therefore recommend that the Circle investigate these charges.' A copy of this report was served upon the appellant personally, and she was summoned to appear before the lodge for trial on October 2, 1901. She appeared at that time, and objected to the proceedings, upon the ground that there were no charges against her. The objection was overruled, and the trial proceeded. Appellant heard the witnesses and was given an opportunity to cross-examine them, but did not do so. She was permitted to and made statements in her own behalf. Thereupon, after she had retired from the lodge room, a rising vote was taken upon the question, 'Is she guilty as charged?' which resulted 20 'Yes,' and 6 'No.' Another vote of the same kind was taken upon the question, 'Shall she be expelled?' with the same result as before. A...