Kramer v. Slovenian Ladies Society

SPENCE, J. Petitioner filed her petition in the superior court seeking a writ of mandate to compel the defendant society to reinstate her as a member. From a judgment denying the writ, petitioner appeals.

The defendant society is a benefit society paying certain sick benefits and funeral benefits. Petitioner had been a member thereof for 22 years and during that period had paid dues in the sum of approximately $288 and had received $90 in benefits. On November 25, 1933, the defendant society held a banquet at which about 200 members attended. Cocktails, [385]wine and beer were served. Petitioner became intoxicated and was finally removed from the hall by a police officer. While at the banquet, petitioner had broken dishes and other property of the value of $4.65 and had used vile language calling the officers and other members of the society certain names in the Slovenian language, said names being the equivalent of “chippies and whores”.

Thereafter petitioner was present at a regular meeting of the society on December 28, 1933. At said meeting an anonymous letter was received accusing petitioner of various acts of misconduct at said banquet. The reading of said letter resulted in a general discussion of the charges made against petitioner. Petitioner entered into the discussion stating that she did get intoxicated at the banquet, but that she had no recollection of what had happened. She further stated that a friend of hers had told her that she had done the things to which reference has been made. She offered to apologize and to pay for the breakage. Upon motion the society decided to take action in the matter and requested petitioner to leave-the meeting. Petitioner temporarily left the meeting. It was then determined that petitioner “must pay $4.65 for breakage, $5.00 for insulting the officers and $5.00 for insulting its members, a total of $14.65 and if the fine be not paid within thirty days, that petitioner be expelled”. Petitioner was then requested to return to the meeting and upon doing so, she was informed of the action which had been taken. Thereupon petitioner repeated that she was willing to apologize and to pay the sum of $4.65, “but that she absolutely refused to pay the $5.00 fine for insulting the officers and the $5.00 fine for insulting its members at said banquet”. Petitioner failed to pay and after the lapse of about three months, she was expelled because of such failure.

Petitioner contends that the procedure leading up to her expulsion was illegal and irregular and contrary to the by-laws of the defendant society. She therefore claims that she was entitled to the issuance of a writ of mandate to compel her reinstatement. We find no merit in this contention. While the proceedings were informal, it appears that petitioner had ample opportunity to defend herself against the accusations made but that she did not see fit to make any defense. She admitted in effect- that the accusations were true