State v. Taxpayer's League of St. Louis County

• Decision Date: 05 November 1935
• Docket Number: No. 22964.,22964.
• Citation: 87 S.W.2d 207
• Parties: STATE ex rel. BAUMHOFF v. TAXPAYER'S LEAGUE OF ST. LOUIS COUNTY et al.
• Court: Missouri Court of Appeals

87 S.W.2d 207

STATE ex rel. BAUMHOFF v. TAXPAYER'S LEAGUE OF ST. LOUIS COUNTY et al.

No. 22964.

St. Louis Court of Appeals. Missouri.

November 5, 1935.

Rehearing Denied November 19, 1935.

Appeal from Circuit Court, St. Louis County; Julius R. Nolte, Judge.

"Not to be published in State Reports."

Mandamus proceeding by the State of Missouri, at the relation of George W. Baumhoff, against the Taxpayer's League of St. Louis County and others. From a judgment awarding a peremptory writ of mandamus, defendants appeal.

Reversed.

Lee A. Hall and Davis & Todd, all of St. Louis, for appellants.

Taylor R. Young and P. H. Cullen, both of St. Louis, for respondent.

SUTTON, Commissioner.

This is a mandamus proceeding commenced in the circuit court of St. Louis county on December 31, 1931. The alternative writ, issued on January 15, 1932, recites that the Taxpayer's League of St. Louis county is a pro forma decree corporation, organized and existing under the laws of the state of Missouri; that Josephus M. Todd is the president of said Taxpayer's League and Gus Loeffel is its secretary and treasurer; that the relator, George W. Baumhoff, is a member in good standing of said Taxpayer's League; that on or about December 12, 1931, he demanded of the defendants the right to examine the records, files, and documents of said Taxpayer's League in the possession of the defendants.

The trial resulted in a judgment awarding a peremptory writ of mandamus. Defendants appeal.

Defendants ask a reversal of the judgment below on the ground, among others, that the evidence shows that relator is not a member of the Taxpayer's League.

The Taxpayer's League is a corporation, organized under article 10 of chapter 32, Revised Statutes of Missouri, relating to benevolent, religious, scientific, fraternal-beneficial, and educational associations. It was organized by a pro forma decree in August, 1925. Relator was the first president of the League. He resigned as president of the League in March, 1926, and became chairman of its executive committee. He resigned as chairman of the executive committee in July, 1930. He testified that he resigned as chairman of the committee only, but the defendants Todd and Loeffel testified that he resigned not only as chairman of the committee, but also as a member of the committee and as a member of the League.

During the August primaries, 1930, a circular was sent out by the Taxpayer's League. When the circular was sent out it resulted in the filing by Oscar Jacobsmeyer of a suit for libel against relator. After that suit was filed, Todd, Loeffel, and relator collaborated together to prepare the defense, but the suit was dismissed in May, 1931, without a trial. It appears that relator came into possession of the records of the League in the preparation of the defense to that suit. Upon the dismissal of that suit, Todd and Loeffel requested of relator that he surrender the records. He declined to do so. A replevin suit was brought, which resulted in the recovery of a part of the records. A second suit had to be brought to recover the rest.

On September 26, 1931, at a meeting of the members of the League, duly called and assembled, a resolution was adopted, providing "that the secretary shall not enroll any person as a member until duly elected as such by the executive committee, and that those now on the secretary's list of members now approved by the meeting, shall constitute the list of members of the League in good standing, and none other, unless the executive committee shall on good evidence of right to such standing, direct the secretary...