Grand Grove of United Ancient Order of Druids v. Garibaldi Grove, No. 71, of the United Ancient Order of Druids

Citations

• 105 Cal. 219
• 38 P. 947
• 1894 Cal. LEXIS 1140

Syllabus

<p>Benevolent Association—Articles—Contract—Enforcement by Action.—The articles of association, or the constitution and by-laws of benevolent or social organizations, are in the nature of the terms of contract which the members have entered into, and for the violation of any of these terms the penalty and mode of its enforcement are ordinarily provided by the articles; but, in order to invoke the aid of a court to enforce the payment of money or the delivery of property in pursuance of the articles of association, or by-laws, the plaintiff must show a right to the money or property sought, and that the defendants are under an obligation to comply with the demand of the plaintiff therefor, pursuant to valid rules of the association.</p> <p>Id.—Invalid By-law—Expulsion of Members—Suspension of Charter —Opportunity for Hearing.—It is a principle of natural justice that no one should be condemned without an opportunity to be heard in his defense; and a by-law which authorizes a member of a benevolent association to be expelled without a hearing or which authorizes a subordinate association to be deprived of its charter without a hearing, ia unreasonable and void.</p> <p>Id.—Order oe Druids—Suspension of Subordinate Grove.—A proclamation by the presiding officer of the Grand Grove of the United Ancient Order of Druids of California, ordering the suspension of a subordinate grove, without any written charges preferred against it, or notice to it of any complaint, or opportunity to be heard thereon, based simply upon what the officer had heard about the grove, is invalid and void, and cannot form the basis of an action by the grand grove against the subordinate grove and its treasurer, to compel the surrender of moneys of the subordinate grove to the grand grove.</p> <p>Id.—Construction of Articles.—An article of association authorizing the suspension by the grand grove of a subordinate grove “for good cause shown,” implies that formal charges must be presented and sustain