Webster v. Rankins

• Decision Date: 07 June 1932
• Docket Number: No. 21785.,21785.
• Citation: 50 S.W.2d 746
• Parties: WEBSTER et al. v. RANKINS et al.
• Court: Missouri Court of Appeals

50 S.W.2d 746

WEBSTER et al. v. RANKINS et al.

No. 21785.

St. Louis Court of Appeals. Missouri.

June 7, 1932.

Rehearing Denied June 21, 1932.

Appeal from St. Louis Circuit Court; Claude O. Pearcy, Judge.

"Not to be officially published."

Suit by Sam Webster, Jr., and others against Wm. B. Rankins and others. From a judgment in favor of plaintiffs, defendants appeal.

Affirmed.

Vincent Brogna, of Boston, Mass., and Bartley & Mayfield, of St. Louis, for appellants.

Bass & Bass, of St. Louis, for respondents.

SUTTON, C.

This is an injunction suit.

The brick masons' tenders' local union No. 319, of the city of St. Louis, is a voluntary unincorporated labor union. The International Hod Carriers' Building & Common Laborers' Union of America, with headquarters at Quincy, Mass., which is also a voluntary unincorporated organization, is the parent body of numerous local unions, of which the brick masons tenders local union No. 319 is one, and which local union holds a charter granted by the said International Union. Besides local union No. 319, there are six other local unions in the city of St. Louis, as follows: local union No. 309; local union No. 162; local union No. 22; local union No. 284; local union No. 451; and local union No. 53, which local unions are all voluntary unincorporated organizations, and are members of the International Union. The laborers' district council of the city of St. Louis is a voluntary unincorporated association composed of one representative elected from the various local unions in the city of St. Louis. Defendant Herbert Rivers is sixth vice president of the International Union. Defendants Charles Williamson, Fred Williamson, John A. Hanlon, John J. Havey, Patrick J. Sullivan, Daniel J. Sullivan, Michael Hyness, and John H. Taylor are members of the district council of the city of St. Louis. Local Union No. 319 became a member of the International Union in March, 1928. On March 14, 1928, officers of local union No. 319 were elected. A resolution was passed at that time that the officers elected should hold their offices until the last meeting in June, 1930. The officers elected were duly installed for a term from March 14, 1928, to June, 1930. On June 5, 1930, the following persons, who are defendants herein, were the officers of local union 319: William B. Rankins, president; Brown Walls, vice president; Sheridan Maul, financial secretary; William B. Johnson, recording secretary; Wilson Woodson, treasurer; Sidney Irving, McKinley Turner, James E. Hess, and Hulet Lee, trustees; William Bugh, guard; Louis Beldan, sergeant at arms; Daniel C. Davis, chaplain.

Sections 11 and 12 of the by-laws of local union 319 provide as follows:

"Sec. 11. All officers shall be elected for a term of one year, the election shall be held the last meeting in June. The officers elected shall be installed at the first meeting in July.

"The above Section No. 11 shall become effective on and after the last meeting in June, 1930.

"Sec. 12. Nomination of candidates for office shall be held at the first meeting preceding the day of election, the election to be held at the time and place to suit the convenience of the members, as the Union may determine."

Sections 2, 4, 17, and 18 of the by-laws of the International Union provide as follows:

"Sec. 2. This International Union shall have supreme ruling power over all local unions of the Hod Carriers Building and Common Laborers Union of America, who may come under its jurisdiction. The powers of this Union shall be executive, legislative, and judicial. The government and superintendence of subordinate unions shall be vested in this International Union as the supreme head of all local unions, and its jurisdiction shall be the ultimate tribunal to which all matters of importance to the welfare of the several local unions, or any member thereof, shall be referred for adjustment, and its decision thereon shall be final and conclusive; to it shall belong the power to determine the customs and usages in regard to all matters in relation to the fellowship of the craft.

"Sec. 4. All the executive powers of this Union, when not in session, shall be vested in the Executive Officers, President, Vice-Presidents and Secretary-Treasurer.

"Sec. 17. The General President shall have power to visit subordinate unions and inspect their proceedings, either personally, or by deputy, whenever the necessities of the case demand it, and require a compliance with the laws. He shall have the power to deputize other persons to investigate any grievance that may arise in any local union or the misconduct of the officials of any local unions, and in case of any defalcation or charge on the part of the members that the officials are dishonest, or if the General Secretary-Treasurer or General President has any cause to believe a Local Union or officials are negligent, the General President shall have the right to investigate, or cause to be investigated, and shall compensate the person he has engaged for such duties; and if he believes it necessary, he shall have the guilty parties prosecuted, and deposed from office pending further investigation and during the trial. He shall also have the power to preside, either personally or by deputy, at any meeting of the affiliated locals in case a question arises between the officers and members of the union, and he shall continue to do so until harmony has been restored.

"Sec. 18. It shall be the duty of the first, second, third, fourth, fifth and sixth vice-presidents in their order, to perform all duties of the President in his absence, or whenever requested by him to do so, and such other duties as this Union may require."

On June 4, 1930, Herbert Rivers, who was then sixth vice president of the International Union, wrote to defendant William B. Rankins, who was then president of local union 319, as follows: "With reference to the election of officers of L. U. No. 319, I think it advisable, owing to the condition now existing in your organization, that the election be postponed for another year. I am hereby instructing you to notify your membership at your next regular meeting of this action."

On June 5, 1930, at the first regular meeting in June of local union 319, it was moved and seconded that the meeting proceed to nominate officers in accordance with the by-laws of the local union. The president, William B. Rankins, who was presiding at the meeting, refused to entertain the motion and ruled the motion out of order. From this ruling an appeal was taken to the floor. Thereupon the president undertook to arbitrarily adjourn the meeting, and he and all of the officers withdrew from the meeting, though the members present were opposed to adjournment. All of the members except the officers remained at the meeting. They reorganized the meeting, and a motion was made and adopted that the nomination of officers be postponed to the second regular meeting in June, and the meeting was then adjourned to the said second regular meeting.

On June 19, 1930, the second regular meeting was held. The meeting was called to order by the president, William B. Rankins. A motion was made and seconded that the meeting proceed to the nomination of officers. The president ruled the motion out of order, and an appeal was taken to the floor. Thereupon the president attempted to adjourn the meeting, and he and all of the other officers withdrew from the meeting. All of the other members remained. The meeting was then reorganized, and a motion was adopted to proceed with the nomination of officers, and nominations of members to be voted upon at the next regular meeting were accordingly made. The meeting then adjourned to the next regular meeting.

On July 3, 1930, the next regular meeting convened. The meeting was called to order by the president, William B. Rankins. A motion was made to proceed to the election of officers. The president ruled the motion out of order, and attempted to adjourn the meeting, and he and the other officers withdrew from the meeting. The other members...