The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-09
THE AMERICAN INSTITUTE.

Illegal Expulsion OF q Member-A NAM
damus Issued Directing his RcstOra-
s.tion to Observation-Disclosures Deci-
sion by Judge Fanchcr.
= There has already been published In the HERALD
full account OF the circumstances connected with
the expulsion OF Thomas Godwln from the Ameri-
can Institute aud tho recent application before
Judge Fancher, at Supreme Court Chambers, for q
nandamus directing his reinstatement as mem.
Der Of tho Institute. At the argument Mr.. Samuel
q. Courtney appeared for Mr.. Goodwin and Mr.. Il.
~. Dickinson in opposition. Judge Fanchcr gave
his decision In the case yesterday directing the
mandamus to ISSUE His opinions embodying the
decision. which VIC give in full below, is highly I'm.
portant, not alone as regards this case but as
text for the guidance OF other societies in the ex-
pelling Of members to keep strictly within the re-
strictions of their byaws and charter. The follow
@ng Is the opinion:-
-. OPINION OF yUDqE EANcEER:
The respondents were Incorporated by AZ, act OF
She Legislature s Of tho State q New York, passed
estate Of large value. The reator was on the 18th
of November, !S46 elected life member OF the
the corporation until June 9, 1872 when ne was ex-
peeled lor an alleged violation OF the bylaws OF the
corporation The relator alleges that his expulsion
was without proper cause but the respondents
assert that the cause OF expulsion was sufficient
land that the proceedings Of the corporation which
charter and byaws, and they furi her contend that
their proceedings are not open to revision man.
1 by virtue y q his membership an interest
the relator; and ne cannot be deprived OF 1t with.
put his consentor
DUR PROCESS OF LAW.
p When he became member o. the corporation he
Assented to the bylaws adopted Tor It's COVE nment
and ne has no right to complain II there has been
Sar and proper administration OF the bylaws in his
case but II the bylaws have not been observed he
has been improperly expelled, and this Court has
mandamus. (rhe People, ex rel, Price VS.. Ameri
eac ast sot:.y Leg Gs To- The People vs.
held on the 9TH Of October, 1871, resolution was
adopted. authorizing the trustees to purchase or
skating Rink on the Third avenue. the reIator,
with others, opposed the resolution at that meet.
Queilt meeting held on the I'd OF November. made
an unsuccessful motion for an amendment OF the
minutes Of the October meeting, relating to the
Al the meeting OF November 2, 1871,
committee was Appended to Investigate
Sented at that meeting From an examination
OF the charges It appears That ne was accused OF
lated to cxcc and dssenoD se
members in violation OF bylaws, article ~, sec.
zion 1871 also that Ut said meeting "he did not,
in speaking upon certain question under debate,
conhne himself to the question, but wandered
Shcrefrom into indccorous 1anguage;" also that he
sfmputcd Improper motives in that debate to GER
pr0perly Influenced in the matter OF
THE RESOLUTION As TO THE RINK. .
- The Investigating Committee reported that 1t
found the charges sustained. At subsequent
meeting special committee was appointed under
fhe bylaws TO try the charges and the relator was
hummoned TO appear for trial. The trial was had,
and the Trial Committee In May, 1872 reported IN
favor Of expeing the relator rom membership IN
Sthe Institute. The resolution was laid over to the
meeting held on the 9th June. 1872, when Y
was resolved TO vote by white and BLACK
BALLS on the proposed resolution OF expulsion
The vote. was accordingly taken in tina!
manner, when sixty-fOur voted in faver or ana nj
teen opposed the RESOLUTION, and 1t was declared
adopted. The question Is whether or net these
0rcceedtngs were In accordance with the bylaw
OF the corporation: Article "A, section 20, Of thu
bylaws reads as follows 1.-THE rules In Cushng't
MANUAL shall govern Gil debates, except In case
herein specially provided for.r "Cushing's Manual
.peints eut the procedure when action oil deiibera
tive body - taken for disorderly words. The mem
Der 70 called 70 order and his words reduced L
writing by the clerk. The assembly then determine
whether the member has been guilty OF any oYence
and whether further proceedings to punish hin
shall be had. The following paragraph follows:-
isz32. II offensive words are not taken notice OF
the time they are spoken. but the member 1.
allowed TO finish hts speech. auu then any othe