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"3rd. Appellant denies that she has been guilty of conduct unbecoming a member of the D. of L. toward John C. Reese or any other person.

"Your appellant asks that your committee will reverse said proceedings or grant such other relief as you may deem the merits of the case demand."

The Appeal Committee of the State Council sustained the action of Lady Franklin Council, as appears by the following:

"Mrs. Sallie Ball, S. C. Sect'y,

"1206 N. 19th St. "Middletown, Pa., July 19th, 1909. "After carefully examining all papers of attached appeal, I would sustain the action of Lady Franklin Council, No. 85,

D. of L.

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"I concur



"Mrs. Lizzie M. Smith. Joseph C. Cole.

Mrs. Flora A. Berry. "State Council Appeal Committee."

The State Board of Officers appears to have approved the action of the Appeal Committee.

On August 12, 1909, the plaintiff appealed from the action of the Appeal Committee of the State Council. The following are copies of the papers executed by her in connection with that appeal :

"Lancaster, Pa., August 12, 1909. "Mrs. Sallie Ball, S. C. Sec'y, Daughters of Liberty, Philadelphia, Penn'a. "Dear Sister:

"I enclose herewith my appeal from the action of the State Council Appeal Committee, in sustaining the action of Lady Franklin Council, No. 85, D. of L., in expelling me from membership, and request that you forward same to the proper body in accordance with the laws of the Order.

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| Neff from the action of Lady Franklin Council, No. 85, Daughters of Liberty, Lancaster, Pa., in expelling her from membership.

"The State Council Appeal Committee, having sustained the action of Lady Franklin Council, No. 85, Daughters of Liberty, in finding me guilty for contempt to the committee in the charge preferred against you (me) by Brother John C. Reese when you (I) did not stay to hear the evidence,' and expelling me from membership of said Council; and the State Board of Officers having approved the finding of the State Council Appeal Committee, I, therefore, appeal from the action of the said State Board of Officers, Daughters of LibCouncil Appeal Committee and the State erty, in sustaining the finding and action of Lady Franklin Council, No. 85, Daughters of Liberty, in expelling me from membership in said Council. I base this appeal on the ground that I have not been guilty of any conduct unbecoming a member of the D. of L. toward John C. Reese, or any one else, and that I have not been guilty of contempt to the committee which heard the case; and claim that a full and fair investigation of the whole matter will prove my innocence.

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tain the action of the State Council of | and regulations, shall be reduced to Penn'a.

"You will govern yourselves accord


"Fraternally yours,

"W. V. Édkins, Nat'l Sec'y."

"Mrs. Ida Neff."

By Law XII, Section 4, of the Order, it is provided that "every member violating any of the obligations, established principles, laws, rules and regulations of the Order, disregarding the requirements of the constitution or the by-laws, * * using profane or other improper language, * willfully persisting in disturbing the peace and harmonious working of the council, ** shall be dealt with in accordance with the Form of Trial."

* *

The following are the provisions set. forth in the constitution and by-laws of this Order, relating to the Form of Trial, when charges are made against any member, viz:


"Code of Procedure. "The Code of Procedure issued by the National Council is binding upon all State Councils and Councils under their jurisdiction and upon Councils under the jurisdiction of the National Council. Trials upon charges conducted in any other manner will be subject to reversal upon appeal to the higher bodies.


66 Sec. 5. Appeal Committees shall determine the issue upon the evidence taken at the hearing before the Trial Committee, and no new evidence shall be received. In the event of there being new evidence of importance to either of the parties interested, the case may be referred back to the body from which the appeal originated for a hearing.

"Sec. 6. That members be and are required to first exhaust all regular methods of appeal to the Subordinate, State and National Councils within the Order, before recourse is had to a suit in the civil courts.


"Sec. I. Charges or complaints made against members of the Council under the penal provisions of the laws, rules

writing, and distinctly state the cause, time and place of occurrence. The R. S. shall furnish the accused with a copy thereof, and notice that the matter will be taken up for consideration at the next stated session of the Council, when a committee of five members shall be appointed, who shall, if possible, be chosen from among the peers of the accused. A member of the Order under charges is of the Order until found guilty and the entitled to all the rights and privileges National Officers, or members of the penalty is inflicted. Charges against National Council, for offenses committed

in connection with matters pertaining directly to the National Council, cannot be entertained in a Subordinate Council.



neglects to stand trial when duly sumSec. 9. If the accused refuses or moned, the committee shall report him guilty of contempt of the Council, which report shall be conclusive and the punishment shall be expulsion.


bers of this Order shall be drawn sub"Rule 1. All charges against memstantially in the manner prescribed in Form 1, Sec. V, of this Code, and be signed by a member in good standing. The general charge shall be 'Conduct unbecoming a Daughter of Liberty,' followed by a specification or specifications, stating, as near as may be, the time, place and circumstances of the offense.

"Rule 4. The member of said committee receiving such original, shall with reasonable diligence call a meeting of the committee for organization, at which a Chairman and Secretary shall be elected and a suitable place and time be appointed for an adjourned meeting, to attend which the accuser and accused shall be served with personal notice, substantially according to Form 4, Sec. V., of the Code, if they can be found; if not, by leaving it at their places of residence, at least one week prior thereto, at which time the accused shall answer the charges.

"Rule 5. The accuser and accused being present and answering, the charge

and specifications shall be read, and the accused be required to make answer to each specification contained in the charge. Should the accused object to a specification, on the ground of indefiniteness, the accuser shall have leave to amend, provided such amendment be made immediately. The accused may then plead to each specification either or several of the following answers:

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cepted to, read and considered separately, with all testimony, if any, bearing thereon, and the Council shall, by vote taken separately upon each point so excepted from, affirm or reverse the finding, ruling or decision of the committee (and shall afterward vote upon the finding of the committee on the general charge.) When the Council has taken final action as aforesaid, the Secretary shall immediately give notice thereof, under seal, to the party against whom the decision is rendered, by delivering it to him personally, or by leaving it at his in-place of residence, from which decision

"1. That the alleged offense is not within the jurisdiction of the Council. "2. That the complaint contained in the specification is frivolous.

3. Admit the facts stated, with tent to justify alleged offense. 4. Guilty.

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5. Not Guilty.

"Rule 6. The report of the commit"Rule 6. The report of the committee shall state the finding on each specification and on the charge according to Form 7, shall be accompanied by an accurate record of their proceedings, rulings and decisions, together with the original evidence taken during the trial, which shall be submitted to the Council within a reasonable time after the case | has been submitted to them. Should there be a minority report, it shall be drawn and submitted in a similar


"Rule 7. The report of the committee shall be received and entered in full on the minutes without discussion, and the secretary shall immediately notify the accused and the accuser thereof, by serving or causing to be served on them or their counsel a certified copy, with notice in conformity with Form 8, of such report or reports, personally if they can be found; if not, by leaving them at their respective place or places of residence. Either party may file a bill of exceptions to the Council from any or all of the rulings and decisions of the committee according to Form 9, within two weeks after the service of the aforesaid copies of the report.

he may appeal to the Appeal Committee within thirty days after the service of said notice, by filing with the Council a written notice and the grounds thereof, substantially according to Forms 10 and 11."


So far as regularity is concerned, the proceedings against the plaintiff, which resulted in her expulsion from Lady Franklin Council, No. 85, Daughters of Liberty, seems to have been conducted in conformance with the several laws regulating this Order. The notice of the charge made against her by John C. Reese was, in our judgment, sufficiently served upon her; but, even conceding that it was not, she, without protest, appeared at the hearing; and any informality in the service was thereby waived. Of all subsequent action, whether by Lady Franklin Council or by the Appeal Committees and Officers of the State and National Councils, she, according to the papers offered by her, received due notice.

That by Law XIII, Sec. 9, a committee, who has been appointed to hear charges, must, if the accused refuses or neglects to stand trial when duly summoned, report such party guilty of contempt of the Council, is, from its reading, plain; and by this Section, the report "Rule 8. At a regular meeting of thus made is conclusive of the contempt, the Council two weeks after the report and the punishment is expulsion. Now, of the committee has been received, the it appears beyond dispute that, under this bill of exceptions, if any is presented, law, the plaintiff was expelled from this shall be read in open Council, and shall Order by Lady Franklin Council. She, be taken up for action; the findings, rul-being dissatisfied, had recourse to the ings and decisions of the committee ex- appellate tribunals of the Order, and

they, in due form, have sustained that action. The only question, therefore, remaining to be determined is, whether such a law, enacted by a beneficial Order like this, is valid and binding upon the members.

In Myers v. Fritchman et al., 6 Sup., 580, it is said that "it has long been settled that, when one becomes a member of such an organization (a beneficial organization) as this, he accepts and is bound by the rules adopted for its government. His rights and liabilities are regulated by those rules, whether they be called a constitution or by-laws, or both; provided they are not in contravention of the laws of the Commonwealth: Com. v. Society, 8 W. & S., 247; Com. v. Union League, 135 Pa., 301. This doctrine has been recognied in many other cases, and is in conflict with none.'

tion can the merits of his expulsion be re-examined. He stands convicted by the sentence of a tribunal of his own choice, which, like an award of arbitrators, concludes him." See, also, Crow v. Capital City Council, 26 Sup., 411; Badger v. Aeolian Council No. 17, 39 Sup., 406.

In Commonwealth v. Union League, supra, Mr. Justice Clark remarked: "We see nothing unreasonable in a bylaw of a club, consisting of gentlemen, who are associated for patriotic and social purposes, requiring the observance of a proper decorum and gentlemanly personal intercourse between the members, whilst within the walls of the clubhouse; the lack of such regulations would certainly tend to promote such disorder and dissension as would be fatal to the attainment of the objects of the association. Any vilification of a member or exhibition of personal rancor towards him, or the use of abusive or offensive epithets respecting him, especially in his presence and hearing, within the club

injurious to the interests of the club. Nor is the by-law in question illegal or in conflict with the charter in this, that it does not designate and define the various and specific acts which will be deemed disorderly. **What is orderly, and what is disorderly conduct injurious to the interests and hostile to the objects of the League, must necessarily be determined by some proper tribunal; and the Board of Directors, to whom the practical management of its affairs is given, constitutes in the first instance the tribunal which the members have themselves set up to have and exercise jurisdiction over such offenses." See, also, Beeman v. Supreme Lodge, Shield of Honor, 215 Pa., 627.

It is also held, in the case just cited, that a member must resort to the tribunal of his Order, and that the judgment of such tribunal is final and conclusive. Quoting from the opinion of the Court, it is said: "In seeking rights arising un-house, is without doubt disorderly and der the constitution of the Order, he must pursue the methods provided by the constitution. In the present case, the Order to which the plaintiff belonged has, by its constitution, provided tribunals for the settlement of his claim. He was bound to resort to these, and is concluded by their adjudication. He does not deny that their proceedings in relation to his claim were regular, nor that he had full opportunity of being heard. Their jurisdiction is not to be transferred to the Courts of Law because of an adverse decision, or his failure to employ or to exhaust the methods provided for its exercise." In Black and White-Smiths' Society v. Vandyke, 2 Wh., 309, Mr. Justice Gibson said: "Into the regularity of these proceedings, it is Now, to call a fellow member “a liar " not permitted us to look. The sentence at a meeting of the Council, in the presof the Society, acting in a judicial capa- ence of other members, could hardly be city, and with undoubted jurisdiction of said to be such language as would prothe subject-matter, is not to be ques-mote the peace and harmony of the body tioned collaterally, while it remains unreversed by superior authority. If the plaintiff has been expelled irregularly, he has a remedy by mandamus to restore him. But neither by mandamus nor ac

to which these parties belonged. It cer-
tainly could be contained within the
words "improper language," which sub-
ject such person to trial under Law XII,
Sec. 4.
If this be true, then her refusal

to plead and be tried, and her leaving | dent, will be the Toastmaster. Responses the meeting of the committee, with the to toasts are expected from his Excelremark that she "had no business there," lency the Governor of the Commonsubjected her to the penalties contained wealth of Pennsylvania; Honorable in Law XIII, Sec. 9. She was regu- James M. Beck, of New York; John A. larly heard upon this complaint, and we Coyle, Esq., of Lancaster; Richard W. think the decisions of the tribunal of Martin, Esq., of Pittsburgh, and others. her Order are binding and conclusive Applications for reservation of rooms upon her. should be promptly made to James E. Galbrey, Manager, Hotel Cape May, Cape May, New Jersey.

Even should this conclusion be incorrect, her proper remedy was by mandamus for re-instatement, and, therefore, under no circumstances could she maintain this bill.

The bill is now dismissed at the costs of the plaintiff.

Legal Miscellany.

Pennsylvania Bar Association.

To the Members of the Pennsylvania
Bar Association.

You are respectfully advised that the annual meeting of the Association will be held at Hotel Cape May, Cape May; New Jersey, on Tuesday, Wednesday and Thursday, June 29, June 30th and July I, 1915.

Honorable Henry J. Steele, of Easton, will deliver the President's address on the afternoon of Tuesday, June 29th, at 2 o'clock. Subject: "Law Reform in Pennsylvania."


Honorable James M. Beck, of New York, will deliver the annual honorary address the same evening at 8 o'clock subject to be hereafter announced). A paper by Franklin Spencer Edmonds, Esq. of Philadelphia, will be read on Wednesday evening, June 30, at 8 Subject: "Development of Constitutional Limitations on the Power of the Legislature in Pennsylvania." A paper by John C. Bane, Esq., of Pittsburgh, will be read on Thursday morning, July 1, at 10 o'clock. Subject: "Modern Attacks upon Our Form of Government."

The annual banquet will be held on Thursday, July 1, at 7.30 P. M. Honorable Henry J. Steele, the retiring Presi

The Association earnestly requests the Judges of the counties whose "court calendars" conflict with this annual meeting of the Association kindly to suspend their rules and arrange their court business so as to permit the attendance of the members at this annual meeting.

The usual circular notices and reply postal cards to members of the Association will be mailed later.


Philadelphia, May 29, 1915.

Income Responsibility Under Government
Control of Public Service



In private business a person takes risks, but he has no restriction put upon his income. He fixes his prices. and no limit is put to the results of his enterprise and of his sagacity.

In public service business the conditions are different. A public service corporation takes risks just as does a person engaged in private business, but it does not fix its rates. Fixing of rates has become a government function. This is not said to complain, but to recite a condition. Whether governmental control is expedient or not, it is not worth while, at least in this community, to consider. Government control has come. It is an established condition; so that now it is profitable to consider only how government control should be applied.

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