State ex rel. Onion v. Supreme Temple Pythian Sisters

• Decision Date: 21 November 1932
• Parties: STATE EX REL. ADA BELLE ONION, RELATOR, v. THE SUPREME TEMPLE, PYTHIAN SISTERS, ET AL., RESPONDENTS
• Court: Kansas Court of Appeals

54 S.W.2d 468

227 Mo.App. 557

STATE EX REL. ADA BELLE ONION, RELATOR, v. THE SUPREME TEMPLE, PYTHIAN SISTERS, ET AL., RESPONDENTS

Court of Appeals of Missouri, Kansas City

November 21, 1932

Original proceedings in mandamus by the State on the relation of Ada Belle Onion against the Supreme Temple Pythian Sisters and others to compel respondents to reinstate relator as member of The Supreme Temple of Pythian Sisters.

DEMURRER AND MOTION TO QUASH ALTERNATIVE WRIT SUSTAINED AND PEREMPTORY WRIT DENIED.

McClintock Quant & Ferguson for relator.

James A. Reed, Burr S. Stottle and Alfred A. Benesch for respondents.

OPINION

TRIMBLE, P. J.

This is an action wherein relator sued out an alternative writ of mandamus to compel respondents to reinstate relator as a member of the order known as "The Supreme Temple Pythian Sisters," a corporation, operated as a lodge and fraternal, charitable organization. Said order at the time of the application for, and the issuance of, the alternative writ, was in its annual session in Kansas City. The prayer of the petition for the writ was also to set aside the order by which relator was suspended from membership on or about April 25, 1931, and all proceedings in connection therewith and upon which the order of suspension was founded so that relator might lawfully proceed with her claimed duties and secure and be entitled to her privileges, rights, compensation and benefits as a member of said order. It is alleged that under its laws adopted for the government of its members and subordinate bodies, there exist and are chartered by it, subordinate bodies named Grand Temples being governed by it which are situated and domiciled in the various states and territories of the United States and the Provinces of Canada; that under the laws of the respective Grand Temples, and governed by them and subject to the government and jurisdiction of the Supreme Temple Pythian Sisters, there are situated in towns and cities throughout such territorial limits, local organizations known as Subordinate Temples; that Elsie E. Vandervort is the Supreme Chief of the Supreme Temple Pythian Sisters, Mollie V. Keller its Supreme Mistress of Records and Correspondence, and Belle Quinlan, Addie Kemp and Elizabeth Hutchinson, its Committee on Judiciary; and that said parties, between the holding of the Biennial Session of said Supreme Temple Pythian Sisters last held at Tampa, Florida, ending August 17, 1930, are its executive heads and, in the matters hereinafter set forth, acted upon their own authority.

The petition or application then alleged that relator now is, except as hereinafter stated, and was, at all times hereinafter mentioned, a member in good standing of Friendship Temple No. 2, of San Antonio, Texas, Order of Pythian Sisters, and a member of the Grand Temple of the State of Texas, and a Past Supreme Chief of the Supreme Temple Pythian Sisters; and as a member of said order, is entitled to all of its benefits and privileges, and on and since April 25, 1931, has been, and is, ready, able and willing to enjoy and exercise the same.

That under the Supreme Constitution and statutes adopted by the Supreme Temple of Pythian Sisters, at all times hereinafter stated, and still in full force and effect, relator as such Past Supreme Chief, is entitled to and allowed a vote in all the sessions of the Supreme Temple, and the usual and customary mileage and per diem for attendance thereon, aggregating for the Session now in Kansas City, Missouri, the sum of $ 200; that, according the practice and custom of said order, which is now, and for many years last past, has been in full force and effect, relator is entitled to receive from Friendship Temple No. 2 at San Antonio, Texas, funeral benefits in case of her death in the sum of $ 100, and is also, in case of illness, upon her application, entitled to receive from such local Temple the reasonable sick benefits, when needed, aggregating $ 3 per week during sickness.

It is further alleged that relator was elected Supreme Chief of the Supreme Temple Pythian Sisters at the biennial session of August, 1926, and her term of office as such expired at the expiration of the Biennial Session of Supreme Temple Pythian Sisters ending August 18, 1928; that since that time relator has not been an officer of said Supreme Temple Pythian Sisters, and was not on April 25, 1931, having theretofore received the honors of Past Supreme Chief, as by its laws provided, whereupon she became, and was, on April 25, 1931, and is now, entitled to attend and participate thereafter in all functions of the Supreme Temple Pythian Sisters as a member thereof, but since April 25, 1931, she has been unlawfully prevented from doing so by the respondents.

The petition then set forth certain sections of the Supreme Constitution and Statutes, Order of Pythian Sisters constituting the Code of Procedure for trials and appeals for all members, being such sections as relator deemed pertinent and bearing on what was considered necessary to set forth to entitle her to the issuance of the peremptory writ. Not all of the sections...