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· 3/21/1921

Spayd v. Ringing Rock Lodge

Citations

  • 270 Pa. 67
  • 113 A. 70
  • 14 A.L.R. 1443
  • 1921 Pa. LEXIS 324

Syllabus

<p>Beneficial associations—By-laius—Restriction on right of petition to governmental powers — Delegation of rights—Constitutional law—Bill of rights—Equity—Act of June 16, 18S6, P. L. 784.</p> <p>1. The by.-laws of a beneficial association, will be enforced only when they ’are reasonable.</p> <p>2. Such by-laws cannot be adjudged reasonable, when they would compel the citizen to lose his property rights in accumulated assets, or forego the exercise of other rights which are constitutionally inviolable.</p> <p>3. The right to petition “those invested with powers of government for redress of grievances,” provided for in the Pennsylvania bill of rights, cannot be infringed, even momentarily by individuals, by the state itself, by the courts or minor tribunals, or by corporations and unincorporated associations which function only by the grace of the State, and the “supervision and control” of which are specifically vested in courts of equity by the Act of June 16,1836, par. 5, see. 13, P. L. 784.</p> <p>4. A provision in the by-laws of a beneficial association of railroad trainmen, which provides for the expulsion of a member, if he uses his “influence to defeat any action by the national legislative representative” of the association, is void in so far as it restricts the right of a member to petition the legislature to repeal an act of assembly. Such right cannot be surrendered by the member himself, or delegated to another, even temporarily.</p>

Judges: Feazee, Moschziskeb, Moschziskee, Scháeeee, Simpson, Walling

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