Mead v. Stirling

62 Conn. 586
CourtSupreme Court of Connecticut
DecidedNovember 15, 1892
StatusPublished
Cited by7 cases

This text of 62 Conn. 586 (Mead v. Stirling) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mead v. Stirling, 62 Conn. 586 (Colo. 1892).

Opinion

Perry, J.

The complaint herein alleges in substance that the plaintiff is “Worshipful Master” and presiding officer of a local lodge of Ancient Free and Accepted Masons, to which office he was elected on an undesignated day in December, 1891, for the term of one year thereafter and until his successor should be chosen.

That said office is one “ of honor and position in the lodge and in the order generally outside of the lodge.”

That the defendant is “ Grand Master of the Grand Lodge [587]*587of Masons of Connecticut ” within the jurisdiction of which said local lodge is.

That the plaintiff at a “ communication of his lodge truthfully and fairly stated to its members the substance of a certain important conversation relative to their order which he had theretofore held with the defendant, and received and submitted for their consideration, as he believed he was bound to do, certain resolutions with preambles, which were thereupon offered.

That on the day of the date of the complaint between the hours of eleven and twelve o’clock in the forenoon the plaintiff received a summons from the .defendant, acting as Grand Master, to appear before him on the next day at ten o’clock in the forenoon, to show cause why he should not be suspended from his said office “ for having made the statement and receiving said resolutions; charging said statement to be a willful misrepresentation of said conversation.”

That the defendant proposes to himself determine the question of veracity between them and “ to judge the plaintiff upon such finding and suspend him from his said office—in other words to act as judge in his own cause, and further the carrying out ” of an ulterior point which he had in view.

That in making the statement complained of the plaintiff violated no masonic obligation or pledge or any rule of gentlemanly and proper conduct or intercourse.

That the defendant has no authority by any masonic law, constitution or by-law of the Grand Lodge to try and depose the plaintiff from his office of honor and trust.

That by masonic rules and law the plaintiff is entitled to a trial before an unbiased tribunal of his peers upon testimony of competent witnesses and upon charges properly preferred.

That no charges have been preferred against the plaintiff or served upon him as masonic law and rules require.

That until charges have been preferred the defendant, neither as Grand Master nor in any other capacity, has ju[588]*588risdiction or authority to suspend the plaintiff as he threatens to do.

That the plaintiff has no remedy except by injunction from a court of equity.

That the only redress which the plaintiff would have from a decision of the defendant acting in his capacity of Grand Master, would be by an appeal, through him, to the Grand Lodge of Connecticut, over which he presides; which “would not, by reason of the bias and determined disposition of the defendant to accomplish his purpose, have before it, to give the plaintiff that fair position before his fellows in his order that he is entitled to, the full question and attendant circumstances which the Grand Master and himself propose to try, but simply the decision of the Grand Master.”

That the Grand Lodge does not meet until January, 1893, after the plaintiff’s term of office has expired, “ so that no order of reinstatement upon an overruling of the decision of the Grand Master can be made or adequate relief to the plaintiff be granted.”

And the apprehended damage is then stated as follows:—

“ That an order of suspension of the plaintiff by the defendant would disgrace the plaintiff in the opinion of all regular masons, wort him an irreparable injury to his reputation, character and business, and be published in masonic circles, and otherwise most extensively circulated, injuring his financial credit, and be an impeachment of his veracity.”

An injunction is claimed restraining the defendant from hearing and determining as to the guilt of the plaintiff and from suspending him from his said office.

It will be observed that no specific allegation is made that a Grand Master has jurisdiction to suspend a Worshipful Master. On the contrary the opposite would seem to be really claimed in the complaint. But the case was argued by both parties upon the assumption that such jurisdiction in fact existed and as if it had been so alleged. The questions raised herein will therefore be considered as if it affirmatively appeared that the defendant had jurisdiction over the [589]*589subject matter in dispute, or, in other words, that he had authority to suspend the plaintiff for a sufficient cause properly proved. If the defendant had no jurisdiction in the premises in any event, then of course an injunction would be plainly unnecessary and should not be granted.

To this complaint the defendant demurs, virtually on three grounds.

1st. Because the plaintiff and defendant are bound to conform to the constitution, laws and regulations of the order to which they both belong, and the remedies thereby afforded, as indicated in the complaint, must first be exhausted before recourse can be had to this tribunal.

2d. Because no property rights of the plaintiff are alleged to be threatened by the defendant, and, this being so, the first ground of demurrer is certainly valid even if invalid otherwise.

3d. Because no facts showing such irreparable damage as would warrant an injunction are set forth in the complaint.

Although the instances in which the civil courts can be called upon to afford relief where property rights are not threatened must be rare indeed, still it seems to be well settled that, if any such in fact exist, the remedies within the order must first have been exhausted before other relief can be obtained. Accordingly, inasmuch as the plaintiff expects to be deprived merely of “ an office of honor and position ” in his order, with which no pecuniary emoluments or property benefits are alleged to be connected, the first ground of demurrer might well be disregarded and the second considered in its place. But a few cases decided by tribunals in high repute hold that the same is true even where property rights are involved, and that therefore the first ground of demurrer is well taken also. If the first be sound the second certainly must be, and therefore those cases will be briefly considered.

Bacon, in his work on Benefit Societies & Life Insurance, sec. 104, top of page 127, says :—“ There is a great array of judicial authority in favor of the proposition that, where members are expelled from religious societies, social clubs, [590]*590benevolent societies, and other voluntary organizations incorporated or unincorporated, the judicial courts will not interfere to reinstate them or to revise the judgment of expulsion until the expelled member has exhausted all the remedies available to him within the organization itself, by appealing to a higher judicatory provided by the rules of the society or otherwise.”

The same rule would of course apply with far greater force to a case of threatened suspension from a mere office in the order, and therefore authorities sustaining the proposition just quoted will control the case at bar.

In the case of Lafond v. Deems, 81 N.

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Bluebook (online)
62 Conn. 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mead-v-stirling-conn-1892.