Knights of Ku Klux Klan, Inc. v. Francis

NOURSE, J.

Plaintiff commenced three actions against the defendants—two in claim and delivery and one in conversion—to recover the moneys and property held by the defendants as members of the Oakland Klan No. 9. Judgment went for the defendants in each case and the plaintiff has appealed on a bill of exceptions. By stipulation the three appeals have been consolidated and are to be heard as one.

The plaintiff is a corporation having its main office in Atlanta, Georgia; the Oakland Klan No. 9 is an unincorporated subordinate lodge organized and chartered under the constitution of the plaintiff. The presiding officer of the plaintiff, known, as the imperial wizard, signed and caused to be served upon the Oakland Klan a notice of suspension of its charter, without any previous notice to the Klan and without presentation of or hearing upon any charges against the Klan or against any of its members. From this order of suspension an appeal was taken to the tribunal provided by the plaintiff for that purpose and this appeal was still pending at the time of the trial of these actions.

The consolidated appeals from the three judgments all present the question whether a subordinate lodge, of a fraternal organization can be suspended by the officers of the parent body without charges and without a trial unless the charter and by-laws of the organization specifically

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waive those rights. The determination of the question depends upon certain fundamental principles which may he briefly referred to. The charter of a subordinate lodge and the constitution and by-laws of the parent organization constitute a contract between the lodge and the parent organization.

(Grand Grove, etc.,

v.

Garibaldi Grove, etc.,

105 Cal. 219, 224 [38 Pac. 947].) The right to organize, to collect dues from members, and to acquire and hold property is a right coming to the lodge through this contract of which the lodge may not be deprived without due process of law. What is due process in such a case may be determined by reference to analogous proceedings. There is no essential difference between suspending or expelling a member from a subordinate lodge and from suspending or revoking its charter.