226 N.W. 750 | S.D. | 1929
Lead Opinion
This cause is before us on appeal from a judgment of the circuit court of Minnehaha county denying a peremptory writ of mandamus. The writ is sought by Mrs. F. O. Simon-son, appellant, who was expelled from1 the History Club of Sioux Falls on August 2, 1926, to reinstate her as a member in good standing.
The History Club is a corporation, incorporated under the laws of this state. The articles of incorporation declare:
“The purpose for which this corporation is formed shall be educations, philanthropic andi civic, to the end that the members shall become moré efficient in their homes, broader in their sympathies and more forceful in raising the standard of civic morality.”
The corporation is the successor of the unincorporated "association of the same name. The members1 of the unincorporated association, of which appellant was one, at the time of incorporation constituted the original membership of the incorporated club. The corporation has no stock, but is composed of members, exists only for the objects and purposes above mentioned, and does not exist for pecuniary profit. Its charter provides:
“The qualification and duties of members, mode of election and terms of admission to1 membership, as well as admission fees and dues, and the power and method of expelling or suspending from membership, and filling vacancies in the board of directors and other offices of this corporation, shall be as may be prescribed from time to time in the by-laws.”
Section 5, article 1, of the by-laws, provides:
“Any member may be expelled as a member of this corporation for acts and conduct prejudicial to the best interests of the corporation and members thereof. [Then follow rules of procedure for expelling a member.]”
It is apparent from the nature of the corporation that no property rights of appellant are involved. Nor does it appear that the membership has any property value. The charter and by-laws disclose that membership imposes duties and obligations, with no rights or privileges, except such as may be termed social. Courts will, of course, in appropriate actions protect property and civil rights, and where a property or civil right can be protected by mandamus to reinstate a member of a club, the court will, where a member has been unlawfully expelled or improperly excluded, compel reinstatement; but it is not apparent from the record that any right of appellant can be thus protected. The end to be attained by membership in the History Club, as set out in the articles of incorporation, is to make each member more efficient in her home, broader in her sympathies, and more forceful in raising the standard of civic morality; all very desirable attainments, but of a character that can be attained in club association only through mutual and reciprocal contacts of a purely social character.
Courts must realize the impossibility of compelling such rela
Mandamus is a prerogative writ, and its issuance is to some extent discretionary. Where it appears that the writ cannot redress a wrong or secure a right, it should be. denied. This we think is the situation in this case, and the trial court did not err in denying the writ.
The judgment and order appealed from are affirmed.
Concurrence Opinion
(concurring specially). In refusing at the suit of the local authorities of a village to grant an injunction to prevent a clergyman from delivering sermons on the adjacent seashore, held under.lease by the village, an English judge said: “I cannot refuse to make a declaration that the defendant is not entitled, without the consent of the plaintiffs, to hold meetings or deliver addresses, lectures, or sermons on any part of the foreshore in lease from the crown. But I decline to gO' further. I de-' cline to grant an injunction. That is a formidable legal weapon, which ought tO' be reserved for less trivial occasions.” Llandudno Urban Council v. Woods, [1899], 2 Ch. Div. 705.
In the instant case, it is clear that appellant has been deprived of no subtantial property right. The learned trial judge found that her expulsion was regular and proper. I incline to think he was right. Plowever, assuming the expulsion was wrongful and unjustified, appellant, if she can prove damage therefrom, may have her remedy to collect it. Certainty no judicial fiat can reinstate appellant in pleasant and harmonious relations with the 123 out of