Grand Grove of United Ancient Order of Druids v. Garibaldi Grove, No. 71, of the United Ancient Order of Druids

Harrison, J. The plaintiff is the supreme tribunal of Druidism in California, and the defendant, Garibaldi Grove, No. 71, is a subordinate grove of Druids, of which the appellant, Duchein, is the treasurer. The relation between the plaintiff and the subordinate grove is established by the constitution and by-laws of the order, by virtue of which the grand grove is given “ sole right and full power to grant charters to subordinate groves, to receive appeals and redress grievances, and, in its discretion, for good cause shown, to suspend groves, arrest charters,” etc. By section 15 it is provided that when any subordinate grove shall violate the terms of its charter or refuse or neglect to obey the direction and laws of the grand grove, or the general laws of the order, charges thereof may be preferred in writing to the grand grove, and a copy thereof shall be furnished to the grove complained of and notice when and where to appear for trial. The grand grove holds an annual session on the third Tuesday of June in each year, and it is provided in section 9 of article XX that, “ during the recess of the grand grove the noble grand arch may, whenever he shall deem it necessary, suspend a delinquent or offending grove, such suspension to hold good until annulled by the grand grove.” On the 5th of September, 1892, the noble grand arch of the plaintiff suspended Garibaldi Grove, No. 71, for the reason that he considered it was an “ offending grove.” and issued a proclamation of this fact to the other subordinate groves within the state. Article XIX of the rules of the order provides that the trustees shall be the custodians of the property of the grand grove, and that “ it shall be their duty to execute all orders of the noble grand arch, to receive by legal process or otherwise all moneys, papers, and other property of dissolved or suspended groves in this jurisdiction,” etc. In December, 1892, the noble grand arch reported this suspension to the trustees of the plaintiff, and directed them to commence the present action for the possession of the books and records of the sus[224]pended grove, and for the moneys belonging to it. The court found that the appellant, Duchein, as treasurer of Garibaldi Grove, had in his possession nine hundred and fifty-four dollars and fifteen cents, moneys belonging to said grove, which he refused to deliver upon the demand of the trustees therefor, and rendered judgment directing him to pay the said money to the plaintiff herein, or to its trustees. From this judgment and an order denying a new trial Duchein has appealed.

The articles of association, or the constitution and by-laws of a benevolent or social organization, are in the nature of the terms of contract which the members thereof have entered into, and for the violation of any of these terms the articles themselves ordinarily provide a penalty and the mode of its enforcement, as well as a tribunal which shall determine whether the penalty has been incurred. But, as the payment of money or the delivery of property cannot be enforced by the machinery of these organizations, the aid of the judicial tribunals of the state is required. In order, however, to invoke this aid it is incumbent upon the plaintiff to show a right in itself to the money or property sought, and that the defendant is under an obligation to comply with its demand therefor. The appellant, as the treasurer of Garibaldi Grove, No. 71, came lawfully into the custody of the money sued for, and as against the plaintiff is entitled to retain such custody, unless it can be shown that by reason of some provision in the rules of the order he is under an obligation to deliver it to the plaintiff. The only provision of these rules by which it is claimed that such obligation has been shown is the authority given to the noble grand arch to suspend the grove, and the proceedings taken by him under the authority so conferred.