Solari v. Italian Society of Columbus
| Decision Date | 01 March 1912 |
| Citation | 97 N.E. 765,211 Mass. 382 |
| Parties | SOLARI v. ITALIAN SOCIETY OF COLUMBUS. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Charles J. Martell, for appellant.
Samuel L. Bailen and Frank Leveroni, for appellee.
Section 18 of the defendant's constitution reads as follows 'Within a year from their admission all members must be supplied with the society uniform (like the existing pattern), otherwise they shall lose all the rights to benefits and may be canceled from membership.' And the question is whether the plaintiff having persistently refused to provide himself with the required uniform is thereby deprived of his right to benefits.
It is contended by the plaintiff that this section is not fairly within the purposes for which the society was incorporated and moreover that it is unreasonable. In considering these objections it is to be noted that this is not merely an organization for the physical relief of disabled members. It is of much wider scope. It is a society composed of people of Italian birth or ancestry, persons the greater part of whom are in a strange land, but who desire to assist each other mutually in their new environment. The preamble speaks of 'the purpose of providing mutual assistance and relief moral and intellectual education, in order to obtain the same rights and consideration which other colonies [colonists?] enjoy, and share with them the influence which they exercise on the destiny of this country'; and the first section of the constitution recites that the society is established 'with the purpose of promoting among members noble sentiments, mutual assistance and relief, and obtaining the moral and intellectual improvement of the associated.' In a word it is a society whose members desire as strangers in a strange land to assist each other physically, morally and intellectually to obtain the advantages either by way of citizenship or otherwise of the land to which they have come.
And they desire to do things decently and in order. They have a love of show. The constitution requires that (section 32) every six months twelve pallbearers shall be nominated to represent the society at the funeral of members dying in Boston, and that they shall be in full uniform when placing the 'coffin in the hearse' and while marching in the funeral procession; that the uniform shall be worn (section 80) by all members who take part in the annual 'feast' of the society held in commemoration of its foundation and of the discovery of America, and (section 83) by all members who take part in any public parade of the society. It does not appear nor is it contended by the plaintiff that this costume is of immoderate cost. It fairly may be assumed to be of moderate cost and seemly in appearance. The founders of this society evidently were convinced that whenever its representatives appeared to officiate as such at a funeral, or in a public parade, their appearance would be more impressive if all were clothed in the same uniform....
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