Universal Brotherhood, Volume XIII, No. 10, January 1899: A Magazine Devoted to the Brotherhood of Humanity, the Theosophical Movement, Philosophy, Science and ArtVarious
Religion
Universal Brotherhood, Volume XIII, No. 10, January 1899: A Magazine Devoted to the Brotherhood of Humanity, the Theosophical Movement, Philosophy, Science and Art
Various
Theosophy -- Periodicals
PER CURIAM:—
"The parties to this action were all, prior to March 3, 1898, members of
the Narada Theosophical Society of Tacoma, a branch of a national
organization known as the Theosophical Society in America. This local
branch was an independent body, controlling its own property and
governing itself subject to the right of appeal to the executive
committee of the national body upon any disputed questions arising
between the members. The object of the present suit was to recover
possession of certain property of the local society, the appointment of
a receiver and other relief, the action being mainly based upon an
alleged interference with the property rights of the plaintiffs as
members of that Branch, and their rights as members in various respects.
At the close of plaintiffs' case, on the evidence, a judgment of
non-suit and dismissal was granted and the present appeal is from that
order and judgment.
We think the order was properly made. Section 18 of the By-Laws of the
National Society is as follows: "The Executive Committee shall be the
Court of final appeal in disputed questions arising between members or
in and _between branches_." It is not pretended that any effort was made
by the plaintiffs to have the questions involved in the present dispute
determined by the committee mentioned in that section, and it is a
well-established principle applicable to controversies like the present
that until the members have exhausted their remedy within the society
the Courts will not assume jurisdiction of the controversy.
Oliver v. Hopkins, 10 N. E., 776;
Lafond v. Deems, 81 N. Y., 507;
Chamberlain v. Lincoln, 129 Mass., 70;
Watson v. Jones, 13 Wall, 679.
Appellants seek to justify their failure to resort to the committee
contemplated by section 18, supra, upon the ground that that section was
in effect abolished by the action of the national convention at a
meeting in Chicago in February, 1898, which practically adopted a new
constitution. We think the argument advanced does not meet the
objection. Plaintiffs are contending that the action of the national
convention was invalid, and if they are right in that respect the
constitution and by-laws of the old body are still in force. They have
no standing if such is not the fact, and if it is, then the remedy
provided by section 18 would appear to be ample. But it does not appear
that any effort has been made to obtain within the Society a
determination of the grievances, and even were it admitted that the
effect of the action of the national convention was to abolish the old
constitution, it in nowise follows that the by-laws theretofore adopted
would also become ineffectual. Section 18, supra, having been adopted
for the government of the national body and its branches, must be given
effect until it is repealed either expressly or by necessary
implication. So that we think the learned trial judge was right in
concluding that the Court should not take jurisdiction of the case.
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