64 N.J. Eq. 525 | New York Court of Chancery | 1903
This is an application on behalf of complainants, claiming to be the local association in Paterson of the American Federation of Musicians (a labor union), to enjoin the defendants, who also
On January 31st, 1902, the American Federation of Musicians, a general or national federation, granted to the seven complainants and one Shannon a charter as a local association (No. 179) of the federation, in Paterson. The American federation and the local were both unincorporated or voluntary associations.
In the application for the charter, jurisdiction or exclusive authority for the local association was claimed or asked for the territory within ten miles of the Paterson city hall in all directions, except in a southerly direction, and in that direction to the city line. The constitution of the federation (article 7) provides that the local shall be entitled to such jurisdiction ás they claim at the time of applying for the charter, but the “certificate of affiliation,” which is the only charter granted, purports to grant a certificate of affiliation to the applicants, the complainants, Shannon and their successors, “to constitute a local association for the purpose of a thorough organization of the federation of all musicians,” and the association, being duly formed, is authorized to initiate members according to its own by-laws. The certificate appears to have been issued by the executive council or board. This board (by-laws, section 6) has a general supervision of all matters pertaining to the federation. The executive board, after an investigation and report by the secretary as to the circumstances of issuing the charter, made an order on June 7th, 1902, that the charter for the local association (No. 179) be reopened for thirty days, to allow all musicians in its jurisdiction an opportunity to join as charter members. The privileges and fees of charter members are different from and more favorable than those'of members admitted subsequently. This order to reopen the charter was not at once obeyed by the officers of the local, but it was subsequently complied 'with, after the secretary of the federation, on September 18th, 1902, had directed the secretary of the local association to reopen the charter -for thirty days, publishing a notice in the
The certificate of affiliation was granted, as has been stated, to complainants, “for the purpose of a thorough organization of the federation of all musicians,” and the power to prescribe conditions of membership is in terms given by the constitution to the association duly formed. Under these terms the American Federation of Musicians would seem to have the-right to supervise the 'original organization for the purpose of procuring a charter, and would, as I am now inclined to think, have the right, in a proper case, to direct the opening of the charter and to supervise or review the proceedings for organization on the reopening.
The executive officer of the district in which the local is situated has (by-laws, section 8) charge of the organization of associations within his district, and this officer attended at Paterson for the purpose of supervising or giving directions as to the application for membership under the reopening of the charter. This officer, as he says in his affidavits, directed that the members of the association of musicians in Paterson, called the Musical Mutual Protective and Benevolent Union, Local No. 14, National League of Musicians, should be allowed to apply and be admitted in a body as charter members. Complainants •deny that these directions were given, but for the purpose of
Complainants claim that the charter confers a property right, the right being the exclusive right of membership in the federation within a certain district, and the right to the use of the name of the association. But manifestly the charter, or, more properly, “the certificate of affiliation,” does not convey, or purport to convey, any property right, -either in the name or otherwise, but is only the method by which, under their rules and regulations, the right of membership in the federal association and in the local is evidenced. These rights of membership evidenced by the charter are not, in my judgment, in any sense themselves property rights, but are personal rights only.
A member of a local association may have or acquire, as against the federation, rights which are recognized property rights, such as a right to a share of its funds,' or to the use or enjoyment of