Harris v. Aiken

Citations

• 76 Kan. 516
• 92 P. 537
• 1907 Kan. LEXIS 290

Syllabus

<p>SYLLABUS BY THE, COURT.</p> <p>1. Voluntary Associations — Expulsion of a Member — Conditions. An unincorporated voluntary association, not organized for profit, may lawfully expel a member, notwithstanding it may own property and membership therein may have a pecuniary value, if these conditions exist: That he is •charged with conduct for which his expulsion is a proper penalty if he be guilty; that he has reasonable notice of the charge and opportunity to defend himself; that he is given a fair hearing; that a decision is rendered against him in good faith; and that he is not denied the benefit of any special rule that may exist relating to the matter.</p> <p>2. -Procedure — Notice—Accusation—Evidence—Tribunal. It is not fatal to the validity of an order of expulsion made in such a case that the accused is not given written notice of a hearing, where he appears in response to an oral notice; or that the accusation against him is not reduced to writing, where he is fully and explicitly informed of its nature; or that information against him is received, by the body conducting an investigation of the charges, coming from persons who have no personal knowledge of his connection with the matter and whom he has no opportunity to cross-examine, where he is not denied the right to present anything he may desire on his own behalf and when he himself is the only witness examined at the hearing and his own testimony and conduct can be construed^ as evidence of his guilt; or that the members who started the investigation which resulted in the proceedings against him participated in rendering,' the decisión against him, where no bad faith is shown; or that the order of expulsion is made by a committee, when its action is afterward ratified by the association.</p>