Little v. Chicago Woman's Bowling Ass'n

84 N.E.2d 690, 337 Ill. App. 226, 1949 Ill. App. LEXIS 237
CourtAppellate Court of Illinois
DecidedMarch 1, 1949
DocketGen. No. 44,325
StatusPublished
Cited by5 cases

This text of 84 N.E.2d 690 (Little v. Chicago Woman's Bowling Ass'n) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Little v. Chicago Woman's Bowling Ass'n, 84 N.E.2d 690, 337 Ill. App. 226, 1949 Ill. App. LEXIS 237 (Ill. Ct. App. 1949).

Opinion

Mr. Justice Friend

delivered the opinion of the court.

Gene Little, as a purported member of the Chicago Woman’s Bowling Association, Inc., an Illinois corporation organized not for profit (hereinafter designated by the initials CWBA), individually and claiming to represent others similarly situated, filed a complaint in equity against CWBA and Mary R. Clesse, Marge Earley, Louise Le Grand and Betty E. Ramsey, its elected officers, seeking to enjoin defendants from holding a membership meeting of said association, at which, it was alleged, the individual defendants proposed to amend CWBA’s constitution or by-laws to enable the association to withdraw from affiliation with Woman’s International Bowling Congress and Illinois Woman’s Bowling Association (hereinafter referred to as WIBC and IWBA, respectively); to enjoin defendants from disposing of funds allegedly belonging to WIBC and IWBA; from holding themselves out as officers of CWBA; for an accounting of all monies collected by defendants subsequent to August 1,1945; and for other relief. A temporary injunction was issued without notice and without bond. After motion to dismiss the complaint was denied, defendants answered and filed a counterclaim against WIBC and IWBA, their officers and executive board, and against plaintiff and four co-appointee officers of CWBA, asking that WIBC, IWBA and their officers and all appointed officers be restrained from collecting twenty-five cents from each CWBA member as yearly dues; from violating the rules, by-laws and constitution of the several organizations by election, suspension and appointment of officers, and from spending monies belonging to such organizations; and they asked to have set aside all wrongful action by these associations and their officers, for an accounting and other relief. Numerous pleadings were filed by defendants and counter-claimants, including various petitions from time to time, and extensive interrogatories, a discussion of which is not essential to a determination of the issues involved. The cause was then referred to a master in chancery, before whom approximately 1,000 pages of testimony were adduced, and numerous exhibits introduced in evidence. At the conclusion of the hearing the master prepared and filed a comprehensive report consisting of 53 typewritten pages, finding against plaintiff on all material issues, and making specific recommendations to the chancellor for the entry of a decree in favor of defendants. The chancellor overruled practically all these findings and recommendations, and entered a decree in favor of plaintiff, from which this appeal is taken.

It appears from the evidence that an association, known as Woman’s National Bowling Association, so-called predecessor of WIBC, was organized on November 29, 1916 by women who had attended a championship tournament in St. Louis, and on October 26, 1917 a constitution and by-laws were adopted. Whether this organization was abandoned or dissolved does not appear of record, but the master found and the evidence discloses that incorporation of WIBC in Illinois was undertaken and effected by officers of the Woman’s National Bowling Association on April 6, 1925, and subsequently approved by its members in annual convention. IWBA was not organized until February 1930. CWBA, on the other hand, was formed as an Illinois corporation, not for profit, February 28, 1918, prior to the incorporation of either WIBC or IWBA.

Each of these associations has a constitution, bylaws, rules and regulations, salient excerpts from which are set forth in detail by the master. The principal object of their organization is to conduct bowling tournaments, for which WIBC issues sanctions. Membership in WIBC is annual. Members bowl on teams and leagues which are organized each year on and after August 1, the beginning of the fiscal year or bowling season. These leagues disband annually, and membership in the national and local associations ceases on the following July 31. Each association must apply at the beginning of every season for a sanction from WIBC. This is in the nature of a license, and when the sanction is granted the local association is then the duly constituted local unit for the year, covered by the sanction. Membership dues are fifty cents per year, as specified in the constitutions of the WIBC and CWBA, and where membership in the IWBA is included the annual dues are seventy-five cents, each of the associations being allocated twenty-five cents of these amounts.

Prior to 1944 the members of these associations worked in apparent harmony. Early signs of discord began to manifest themselves in February of that year at the Springfield convention of the IWBA, where the question of compulsory state dues was affirmatively voted upon. After the Springfield convention the J oliet Woman’s Bowling Association brought action against the state association to enjoin the collection of state dues. After suit had been filed their attorneys held a conference, at which it was agreed that because of failure to serve proper notice preceding the Springfield convention, the matter would be voted on in the 1945 convention of IWBA, to be held in Bloomington. Thereafter, in December 1944, Grace Smith, as secretary of the IWBA, gave notice to the secretaries of all city associations in Illinois that the matter of compulsory state dues would be voted on at Bloomington on February 17, 1945. When the matter of state dues was first brought to the attention of the convention of IWBA at Bloomington on that date, a request was made to pass the matter, pending the arrival of interested members who had been delayed, principally from Joliet and Chicago. The request was denied. Mrs. Jeannette Knepprath, president of the WIBC, was present on the platform and addressed the delegates, advocating compulsory state dues, following which a vote was taken on that question, and carried. At that time no amendment to the constitution was presented or discussed. However, subsequently, at the same meeting, a general revision thereof was considered, paragraph by paragraph, and the amendment to make effective compulsory state dues was voted upon by ballot and rejected.

In August 1945, the WIBC, through its secretary, prepared and' mailed to the officers of all affiliated city associations in the State of Illinois, including CWBA, a letter advising them that compulsory state dues must be collected from all members of city associations in Illinois, and later in a letter dated December 31, 1945, reaffirmed its position in that regard. The individual defendants Clesse, Barley, Le Grand and Ramsey, as officers of the CWBA, refused to collect compulsory state dues for IWBA for 1945-1946. This incident was the forerunner of the breach that followed.

It appears that during the years 1943-1945 the Federal Office of Defense Transportation requested that no conventions or large gatherings be held, and for that reason no tournaments of WIBC were carried on. In 1943 the persons elected as delegates to WIBC convention, numbering more than 300, met at Chicago, in a so-called “war conference,” but no legislative matters of WIBC were considered. In 1944, persons elected as delegates to the WIBC convention, numbering 340, met at Indianapolis, Indiana in another so-called “war conference,” but again no legislative matters of WIBC were considered. In 1945, no meeting of delegates was held, bitt proposed legislation affecting amendments to the constitution, by-laws and rules of WIBC was submitted to delegates by a mail ballot, and the results of the ballot announced at an executive meeting’ of WIBC on May 27, 1945.

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Bluebook (online)
84 N.E.2d 690, 337 Ill. App. 226, 1949 Ill. App. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/little-v-chicago-womans-bowling-assn-illappct-1949.