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" 3rd. Appellant denies that she has | Neff from the action of Lady Franklin been guilty of conduct unbecoming a Council, No. 85, Daughters of Liberty, member of the D. of L. toward John C. Lancaster, Pa., in expelling her from Reese or any other person.
membership “ Your appellant asks that your com- “The State Council Appeal Commitmittee will reverse said proceedings or tee, having sustained the action of Lady grant such other relief as you may deem Franklin Council
, No. 85, Daughters of the merits of the case demand.”
Liberty, in finding me guilty for conThe Appeal Committee of the State tempt to the committee in the charge Council sustained the action of Lady preferred against you (me) by Brother Franklin Council, as appears by the John C. Reese when you (I) did not following:
stay to hear the evidence, and expelling
me from membership of said Council; “Mrs. Sallie Ball, S. C. Sect’y,
and the State Board of Officers having "1206 N. 19th St. Middletown, Pa., July 19th, 1909.
approved the finding of the State Coun
cil Appeal Committee, I, therefore, ap"After carefully examining all papers of attached appeal, I would sustain the peal from the action of the said State action of Lady Franklin Council, No. 85, Board of Officers, Daughters of Lib
Council Appeal Committee and the State D. of L. “Fraternally,
erty, in sustaining the finding and action
of Lady Franklin Council, No. 85, “Mrs. Lizzie M. Smith.
Daughters of Liberty, in expelling me “I concur
Joseph C. Cole.
from membership in said Council. I " State Council Appeal Committee.” base this appeal on the ground that I
have not been guilty of any_conduct The State Board of Officers appears unbecoming a member of the D. of L. to have approved the action of the Ap- toward John C. Reese, or any one else, peal Committee.
and that I have not been guilty of conOn August 12, 1909, the plaintiff ap- tempt to the committee which heard the pealed from the action of the Appeal case; and claim that a full and fair inCommittee of the State Council. The vestigation of the whole matter will following are copies of the papers exe- prove my innocence. cuted by her in connection with that
“Ida (X) Neff, “ Lancaster, Pa., August 12, 1909.
mark * Mrs. Sallie Ball, S. C. Sec'y, Daughters * 542 Poplar St., Lancaster, Pa."
Witness to mark: of Liberty, Philadelphia, Penn'a. Dear Sister:
" Charles R. Doebler. "I enclose herewith my appeal from
"W. F. Solenberger.' the action of the State Council Appeal
On December 3, 1909, notice was given Committee, in sustaining the action of of the action of the National Council, Lady Franklin Council, No. 85, D. of L.,
as follows: in expelling me from membership, and request that you forward same to the
" Office of the National Council, Daughproper body in accordance with the laws ters of Liberty. of the Order.
"W. V. Edkins, 1604 E. Passyunk Ave. "Fraternally,
National Secretary. her
" Philadelphia, December 3, 1909. “ Ida (X) Neff," “To Whom It May Concern: mark
Bros. and Sisters, “Witness to mark : “Charles R. Doebler,
“The Appeal Committee of the Na"M. F. Solenberger.
tional Council have examined the papers
and considered the appeal in the case of “ Lancaster, Pa., August 12th, 1909. Sister Ida Neff v. Lady Franklin Coun“ In the matter of the appeal of Ida 'cil No. 85 of Penn'a, and do hereby sus
tain the action of the State Council of and regulations, shall be reduced to Penn'a.
writing, and distinctly state the cause, “You will govern yourselves accord-time and place of occurrence. The R. S. ingly.
shall furnish the accused with a copy “ Fraternally yours,
thereof, and notice that the matter will “W. V. Édkins, Nat'l Sec'y." be taken up for consideration at the next “ Mrs. Ida Neff.”
stated session of the Council, when a By Law XII, Section 4, of the Order, committee of five members shall be apit is provided that “every member vio- pointed, who shall, if possible, be chosen lating any of the obligations, established from among the peers of the accused. principles, laws, rules and regulations of A member of the Order under charges is the Order, disregarding the requirements of the Order until found guilty and the
entitled to all the rights and privileges of the constitution or the by-laws, * using profane or other improper langu- National Officers, or members of the
penalty is inflicted. Charges against age, ** willfully persisting in disturb
National Council, for offenses committed ing the peace and harmonious working in connection with matters pertaining diof the council, * * shall be dealt with in accordance with the Form of Trial."
rectly to the National Council, cannot
be entertained in a Subordinate Council. The following are the provisions set forth in the constitution and by-laws of
“ Law XIII. this Order, relating to the Form of
“ Sec. 9. If the accused refuses or Trial, when charges are made against neglects to stand trial when duly sumany member, viz:
moned, the committee shall report him “ LAW VI.
guilty of contempt of the Council, which Code of Procedure.
report shall be conclusive and the pun
ishment shall be expulsion. “The Code of Procedure issued by the National Council is binding upon all
CODE OF PROCEDURE. State Councils and Councils under their
All charges against memjurisdiction and upon Councils under bers of this Order shall be drawn subthe jurisdiction of the National Council. stantially in the manner prescribed in Trials upon charges conducted in any Form 1, Sec. V, of this Code, and be other manner will be subject to reversal signed by a member in good standing. upon appeal to the higher bodies.
The general charge shall be · Conduct “LAW X.
unbecoming a Daughter of Liberty,' folAppeal Committees shall lowed by a specification or specifications, determine the issue upon the evidence stating, as near as may be, the time, taken at the hearing before the Trial place and circumstances of the offense. Committee, and no new evidence shall
The member of said combe received. In the event of there being mittee receiving such original, shall with new evidence of importance to either reasonable diligence call a meeting of of the parties interested, the case may the committee for organization, at which be referred back to the body from which a Chairman and Secretary shall be elected the appeal originated for a hearing.
and a suitable place and time be ap“ Sec. 6. That members be and are pointed for an adjourned meeting, to atrequired to first exhaust all regular meth- tend which the accuser and accused shall ods of appeal to the Subordinate, State be served with personal notice, substanand National Councils within the Order, tially according to Form 4, Sec. V., of the before recourse is had to a suit in the Code, if they can be found; if not, by civil courts.
leaving it at their places of residence, at
least one week prior thereto, at which “ LAW XIII.
time the accused shall answer the “ Sec. I. Charges or complaints made charges. against members of the Council under “ Rule 5. The accuser and accused the penal provisions of the laws, rules | being present and answering, the charge
“ Sec. 5.
“ Rule 4:
and specifications shall be read, and the cepted to, read and considered separaccused be required to make answer to ately, with all testimony, if any, bearing each specification contained in the charge. thereon, and the Council shall, by vote Should the accused object to a specifica- taken separately upon each point so extion, on the ground of indefiniteness, the cepted from, affirm or reverse the findaccuser shall have leave to amend, pro- ing, ruling or decision of the committee vided such amendment be made immedi- | (and shall afterward vote upon the findately. The accused may then plead to ing of the committee on the general each specification either or several of the charge.) When the Council has taken following answers:
final action as aforesaid, the Secretary “1. That the alleged offense is not shall immediately give notice thereof, unwithin the jurisdiction of the Council. der seal, to the party against whom the
“ 2. That the complaint contained in decision is rendered, by delivering it to the specification is frivolous.
him personally, or by leaving it at his "3. Admit the facts stated, with in- place of residence, from which decision tent to justify alleged offense.
he may appeal to the Appeal Committee " 4. Guilty.
within thirty days after the service of " 5. Not Guilty.
said notice, by filing with the Council a
written notice and the grounds thereof, “Rule 6. The report of the commit- substantially according to Forms 10 tee shall state the finding on each speci- and 11." fication and on the charge according to Form 7, shall be accompanied by an ac
CONCLUSIONS OF LAW. curate record of their proceedings, rul- So far as regularity is concerned, the ings and decisions, together with the ori- proceedings against the plaintiff, which ginal evidence taken during the trial, resulted in her expulsion from Lady which shall be submitted to the Council Franklin Council, No. 85, Daughters of within a reasonable time after the case Liberty, seems to have been conducted in has been submitted to them. Should conformance with the several laws reguthere be a minority report, it shall be lating this Order. The notice of the drawn and submitted in similar charge made against her by John C. manner.
Reese was, in our judgment, sufficiently “Rule 7. The report of the commit- served upon her ; but, even conceding tee shall be received and entered in full that it was not, she, without protest, apon the minutes without discussion, and peared at the hearing; and any informalthe secretary shall immediately notify ity in the service was thereby waived. the accused and the accuser thereof, by Of all subsequent action, whether by serving or causing to be served on them Lady Franklin Council or by the Appeal or their counsel a certified copy, with Committees and Officers of the State and notice in conformity with Form 8, of National Councils, she, according to the such report or reports, personally if they papers offered by her, received due can be found; if not, by leaving them notice. at their respective place or places of That by Law XIII, Sec. 9, a commitresidence. Either party may file a bill tee, who has been appointed to hear of exceptions to the Council from any charges, must, if the accused refuses or or all of the rulings and decisions of neglects to stand trial when duly sumthe committee according to Form 9, moned, report such party guilty of conwithin two weeks after the service of tempt of the Council, is, from its reading, the aforesaid copies of the report. plain; and by this Section, the report
" Rule 8. At a regular meeting of thus made is conclusive of the contempt, the Council two weeks after the report and the punishment is expulsion. Now, of the committee has been received, the it appears beyond dispute that, under this bill of exceptions, if any is presented, law, the plaintiff was expelled from this shall be read in open Council, and shall Order by Lady Franklin Council. She, be taken up for action; the findings, rul-being dissatisfied, had recourse to the ings and decisions of the committee ex- ' appellate tribunals of the Order, and
they, in due form, have sustained that tion can the merits of his expulsion be action. The only question, therefore, re- re-examined. He stands convicted by maining to be determined is, whether the sentence of a tribunal of his own such a law, enacted by a beneficial Order choice, which, like an award of arbitralike this, is valid and binding upon the tors, concludes him." See, also, Crow v. members.
Capital City Council, 26 Sup., 411; In Myers v. Fritchman et al., 6 Sup., Badger v. Aeolian Council No. 17, 39 580, it is said that "it has long been set. Sup., 406. tled that, when one becomes a member In Commonwealth v. Union League, of such an organization (a beneficial or- supra, Mr. Justice Clark remarked: ganization) as this, he accepts and is “We see nothing unreasonable in a bybound by the rules adopted for its gov- law of a club, consisting of gentlemen, ernment. His rights and liabilities are who are associated for patriotic and soregulated by those rules, whether they cial purposes, requiring the observance be called a constitution or by-laws, or of a proper decorum and gentlemanly both; provided they are not in contraven- personal intercourse between the memtion of the laws of the Commonwealth : bers, whilst within the walls of the clubCom. v. Society, 8 W. & S., 247; Com. house; the lack of such regulations would v. Union League, 135 Pa., 301. This certainly tend to promote such disorder doctrine has been recognied in many and dissension as would be fatal to the other cases, and is in conflict with none.' attainment of the objects of the associaIt is also held, in the case just cited,
tion. Any vilification of a member or that a member must resort to the tribunal exhibition of personal rancor towards of his Order, and that the judgment of him, or the use of abusive or offensive such tribunal is final and conclusive. epithets respecting him, especially in his Quoting from the opinion of the Court, presence and hearing, within the clubit is said: “In seeking rights arising un- house, is without doubt disorderly and der the constitution of the Order, he injurious to the interests of the club. must pursue the methods provided by Nor is the by-law in question illegal or the constitution. In the present case,
in conflict with the charter in this, that the Order to which the plaintiff be- it does not designate and define the varilonged has, by its constitution, provided ous and specific acts which will be tribunals for the settlement of his claim. deemed disorderly. ** What is orderly. , He was bound to resort to these, and is and what is disorderly conduct injurious concluded by their adjudication.
He to the interests and hostile to the objects does not deny that their proceedings in of the League, must necessarily be deterrelation to his claim were regular, nor
mined by some proper tribunal; and the that he had full opportunity of being Board of Directors, to whom the pracheard. Their jurisdiction is not to be tical management of its affairs is given, transferred to the Courts of Law because constitutes in the first instance the triof an adverse decision, or his failure to bunal which the members have thememploy or to exhaust the methods pro- selves set up to have and exercise jurisvided for its exercise." In Black and
diction over such offenses." See, also, White-Smiths' Society v. Vandyke, 2 Beeman v. Supreme Lodge, Shield of Wh., 309, Mr. Justice Gibson said: "Into Honor, 215 Pa., 627. the regularity of these proceedings, it is Now, to call a fellow member not permitted us to look. The sentence at a meeting of the Council, in the presof the Society, acting in a judicial capa- ence of other members, could hardly be city, and with undoubted jurisdiction of said to be such language as would prothe subject matter, is not to be ques- mote the peace and harmony of the body tioned collaterally, while it remains un- to which these parties belonged. It cerreversed by superior authority. If the tainly could be contained within the plaintiff has been expelled irregularly, he words “ improper language,” which subhas a remedy by mandamus to restore ject such person to trial under Law XII, him. But neither by mandamus nor ac
If this be true, then her refusal
to plead and be tried, and her leaving dent, will be the Toastmaster. Responses the meeting of the committee, with the to toasts are expected from his Excelremark that she had no business there,” | lency the Governor of the Commonsubjected her to the penalties contained wealth of Pennsylvania; Honorable in Law XIII, Sec. 9. She was regu- James M. Beck, of New York; John A. larly heard upon this complaint, and we Coyle, Esq., of Lancaster; Richard W. think the decisions of the tribunal of Martin, Esq., of Pittsburgh, and others. her Order are binding and conclusive Applications for reservation of rooms
should be promptly made to James E. Even should this conclusion be incor- Galbrey, Manager, Hotel Cape May, rect, her proper remedy was by manda- Cape May, New Jersey. mus for re-instatement, and, therefore, The Association earnestly requests the under no circumstances could she main- Judges of the counties whose court tain this bill.
calendars ” conflict with this annual The bill is now dismissed at the costs meeting of the Association kindly to susof the plaintiff.
pend their rules and arrange their court business so as to permit the attendance
of the members at this annual meeting. Legal Wiscellany.
The usual circular notices and reply postal cards to members of the Association will be mailed later.
WILLIAM H. STAAKE, Pennsylvania Bar Association.
Philadelphia, May 29, 1915.
Income Responsibility Under Government You are respectfully advised that the
Control of Public Service annual meeting of the Association will
Corporations. be held at Hotel Cape May, Cape May; AN ADDRESS DELIVERED AT THE ANNUAL New Jersey, on Tuesday, Wednesday and
BANQUET OF New Thursday, June 29, June 30th and July
STREET RAILWAY CLUB, AT BOSTON, Honorable Henry J. Steele, of Easton,
Mass., March 25, 1915. BY MAJOR will deliver the President's address on the
GENERAL WILLIAM A.
A. BANCROFT, afternoon of Tuesday, June 29th, at 2
PRESIDENT, BOSTON ELEVATED RAILLaw Reform in
WAY COMPANY. Pennsylvania.
In private business a person takes Honorable James M. Beck, of New risks, but he has no restriction put York, will deliver the annual honorary upon his income. He fixes his prices address the same evening at 8 o'clock and no limit is put to the results of ( subject to be hereafter announced). his enterprise and of his sagacity.
A paper by Franklin Spencer Ed- In public service business the conmonds, Esq. of Philadelphia, will be read ditions are different. A public seron Wednesday evening, June 30, at 8 vice corporation takes risks just as does
Subject: “Development of a person engaged in private business, but Constitutional Limitations on the Power it does not fix its rates. Fixing of rates of the Legislature in Pennsylvania.' has become a government function. This
A paper by John C. Bane, Esq., of is not said to complain, but to recite a Pittsburgh, will be read on Thursday condition. Whether governmental conmorning, July 1, at 10 o'clock. Subject : ' trol is expedient or not, it is not worth "Modern Attacks upon Our Form of while, at least in this community, to con
sider. Government control has come. The annual banquet will be held on It is an established condition; so that Thursday, July 1, at 7.30 P. M. Honor- now it is profitable to consider only how able Henry J. Steele, the retiring Presi-government control should be applied.