Baltimore Lodge 405 v. Grand Lodge of the International Ass'n of MacHinists

Briscoe, J., delivered the opinion of the Court. . The questions in this ease are presented by the defendant’s demurrer to the plaintiff’s bill in equity, asking to be reinstated to membership' in good standing in the Grand Lodge of International Association of Machinists from which it is alleged the plaintiff had been improperly and illegally suspended and deprived of certain property rights. The plaintiff is an unincorporated association and one of the subordinate lodges of the Grand Lodge of the International Association of Machinists, the defendant in the case. The bill is filed by a subordinate lodge known as the Baltimore Lodge Ed. 405, of the association against the Grand Lodge and the International President and General Secretary, thereof, not only for the purpose of reinstatement to membership', but also for an injunction to' restrain and enjoin the Grand Lodge and its officers from taking any action tending towards expulsion of its membership' or interfering with their employment as a subordinate lodge of the association.

The grounds of the demurrer are: first, because the plaintiff has not stated in the bill such a case as entitles it to any relief in equity against the defendant; and second, because the plaintiff has not complied with the requirements of the laws, constitution and regulations of the Grand Lodge, relating to appeals by subordinate lodges, and the remedies theretby afforded, which must be complied with and exhausted be* fore it can resort to a Court of Equity for relief. The demurrer to the bill was sustained by the Court below ' and upon failure to amend, the bill was dismissed and the plaintiff has brought this, appeal. The facts out of which the controversy arose, appear from the record to be these: the appellant, one of the subordinate lodges of the Grand Lodge, was directed to join one of the ³⁵⁷ district lodges which had been formed by the Grand Lodge, to provide uniformity and harmony between the different subordinate lodges of the association. The appellant refused to obey tho order or decision as directed, whereupon the International President of the Grand Lodge suspended it from membership in the association, and instructed the appellant’s secretary to forward all supplies, papers and other property to the Grand Lodge and directed the members to transfer their membership to Lodge- No. 186, another subordinate lodge, which was- also- located in the city.

The plaintiff appealed from this decision to the General Executive Board., as provided by the- constitution and this board sustained the order of suspension of the appellant, as proper and regular and in accordance with the rules and regulations of the association. The appellant then filed an appeal from the- decision of the General Executive Board to what is. designated by the association as referendum to the membership of the Grand Lodge of the association. This appeal the Grand Lodge re-fused to entertain and submit until the order previously passed directing its supplies, papers and property to be turned o-ver to the Grand Lodge he complied with, o-r until the appellant had secured the endorsement of a certain number of subordinate lodges-, as required by the constitution. The question in the case is a narrow one and depends for its determination upon the provisions, of the- constitution of the Grand Lodge and of the subordinate lodges, relating to the right of appeal from decisions rendered by the Grand Lodge and its officers and boards.

By section 17 of Article 5 of the Constitution of the Grand Lodge it is provided, that all decisions rendered by the International President and the General Executive Board shall be complied with in