26 Pa. Super. 411 | Pa. Super. Ct. | 1904
Opinion by
The plaintiff was a member of the Junior Order of American Mechanics, and a representative from the state of Pennsylvania in the national council of the organization ; charges were preferred against him before the national judiciary, the highest judicial tribunal and the court of last resort within the order, and after a trial and conviction thereby he was expelled from membership in Capital City Council, the defendant. He presented his petition to the court of common pleas of Dauphin county for a mandamus upon-the defendant council to restore him to membership. An answer was filed, and, by agreement of counsel, the cause was heard before the court without a jury; which resulted in a judgment for the plaintiff and that a peremptory writ of mandamus be issued to restore him to membership, etc., from which judgment the defendant took an appeal.
While twenty-three assignments of error are presented for consideration, the questions involved narrow the inquiry to : (1) The court’s conclusion of law that “ neither the charter (of the national council) nor the law under which it came into being gives the power of expulsion ” to the tribunal making the decree of which the plaintiff complains (19 th assignment) ; and (2) the court’s finding of fact and conclusion of law that “ there was no examination of the matter of fact in issue and the execution had upon the verdict and judgment must be declared invalid and therefore inoperative.” (15th assignment.) To these propositions counsel on both sides have confined their arguments.
The organization of which the appellant is á subordinate division is a purely beneficial one, and is conducted not for profit and without capital stock. It necessarily possesses the inherent power to expel any of its members from membership for offenses which affect the life and integrity of the organization by becoming insubordinate to the supreme authority and resisting the enforcement of the supreme law, if the exercise of that power is not expressly prohibited by statute or its charter. It is conceded by the appellee that it has the right of expelling a member for the common-law causes, to wit: conviction of an infamous crime, or for an act injurious to, or destructive of the organization even if there be neither by-law nor charter provision therefor. It is manifest that the charges preferred against this plaintiff and those identified with him, if clearly proved, were seditious and treasonable attacks against the order, and if not promptly repulsed would inevitably result in its disruption. The doctrine is as old as St. Mark’s announcement, “ If a kingdom be divided against itself, that kingdom cannot stand,” The complaint charged that the plaintiff, and the others, identified with him neglected and refused to obey the supreme law of the order; urged secession of members; at
Nor is his position any better on the other phase of his case. He recognized the right of the national judiciary to conduct the trial. He made answer to the complaint, selected counsel to represent him, and appeared at the time and place set for the hearing. He knew that the cause was the next on the list for hearing and that it might be called at any moment. After knowing that his application for a continuance was refused
Trials of such a character need not be conducted with absolute technical accuracy. It is sufficient if the proceedings are regular and conducted in good faith; the accused has been accorded a full and fair hearing and a proper finding and judgment has been entered on the facts: Com. v. Union League, 135 Pa. 301; Beach on Priv. Corps., sec. 91; Niblack Benefit Soc., secs. 36, 37, 38, 39; McAlees v. Supreme Sitting, Order of the Iron Hall, 13 Atl. Repr. 755. The courts will entertain jurisdiction to restore a member by mandamus where the cause is insufficient or the proceedings irregular; but, they will not inquire into the merits of what has passed in a regular course of proceeding: Com. v. German Society, 15 Pa. 251; Sperry’s Appeal, 116 Pa. 391. On the conceded facts the appellee has not been denied any right. He had at least an opportunity for a full trial on the merits of his case and waived it by voluntarily absenting himself therefrom; the hearing was fairly conducted, was regular under the rules of the order, and the result reached was amply justified by the admitted facts. Though the hour at which the court heard his case was inconvenient for him it was doubtless as much so for the tribunal convened for that purpose and was not so unfair to him as to vitiate its findings. Although he had full knowledge of the gravity of the charge against him he persisted in defiant opposition to the established authorities, and must have known that the result of his contention would be to disrupt the organization as it then existed. He again waived his right to a retrial and he must be held precluded by the findings and decree of the court to which he was bound by the by-laws of the order to submit
The judgment of the court below is reversed.