The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-15
4 CLUB MEMBERS LAWFUL 1GHTs.
Major Fisher CompeIs che Army and Navy
CiWb 60 HeRdnit Aim.

Major Fisher Compcis the Army and Navy
CIWb 60 Readrnit Alien.
Ifon me London Tuos
On Dec. 2, before Sir George Jossel. the
Master Of the Rolls. = motion was made on be-
hall VI the plaintiff Major Louis Walter Fisher,
Vittouo OF the Army and Navy Club. TO restrain
them from interfering with the enjoyment Of
The plaintiff rs maiuner Of tho club. and with
has use Oi the club and buildings.
By consent. the motion WAS turned into tho
hcnrinn and The real question in dispute was
whether the expulsion OF the plaintn by the
rules ~ the club or not Hulc T. tho one under
which the committee had acted, provided that
in cHse !lo CONDUCT OF any member. either in
| or out " The club house. shall IN the opinion
! Of the committees. be injurious TO the charactcr
and interests Ol the ciub, the cOmmittoe shall
be empowered To- recommend such member
| 10 resign, provided that no such rccommenda-
! lion be- scnt to any member unless IL shall have
! bocn agreed ~ hy tw0-thirds Oi the committeo
! specially summoned for That purpose. Pro-
| vidod. also that If they unanimously are of
| opinion that the offence OF such member IS Of
! 50 grave n character MS in the interest Of the
! club to warrant his immediate expulsion they
! he empowered 10 suspend MN rom tho use OF
/ tho club. which suspension shall bc final unlcss
/ twonty members OF tho club shall within twenty;
one days demand an extraordinary general
| meeting TO take the conduct Of the offending
member into consideration. and Immediately
| on the close OF such meeting ballot Tor the
| restoration OF the suspended member shall take
place ana be kept open for two hours. One
! blnck ball in ton to exclude"
/
| who. it appears. had n fall some time ago on
| his head, and is. therefore. somewhat easily af-
! footed by intoxicating drinks. WIS In the smok
| ing room Of the club and was accused 10y the
| guest Of another member OF being drunk.
MAJOR Fisher VINO was rs . hc himself ADMITTED
| members guest u liar. adding mt The same
! time q strong cXpletive. On this mn,tcr bong
! brought before tho ordinary house cOmmitten
| the next morning. they heard tho evidence OF
! two gentlemen who were present. and read the
| draft Of an apology from MAJOR Fisher TO the
/ guest. who a pprsUnnl friend OF his. but
| they gave no notice Of whnt they were going to
| do to Major Fisher or called him before thrm
and ihercupon declared him to have committed
| M offence OF 50 grave q character ~ to warrant
his linmcdiato expulsion. and forthwith sus-
| latter part of the above rule.
Major Fisher on the 18Th Of March wrote n
/ most ample apology both To- the member OF the
| cup ana 70 the gentleman whom ne had insult
| cd. 4 subsequent general meeting NJ the club
was held at which the question was considered.
committed. MAJOR Fisher common ed this ac-
ton on the 18th Of September, aud asked by his
| writ for n declaration that the resolution eX-
| pclling him from the membership of the club
wns void. and that he might be rcndmitted To
Mr. entity. Q. G.. md Mr. Hadley appeared
| for the plaintiff Mr. Dayy e. G.. and Mr..
| Horne Payne for the deicnduns.
| The Master OF the Rolls said that IN his opin-
ion. the plaintn was right in law on both
| grounds that had been argued. The first qucs.
| ton was us 20 tho construction OF the rule. and
! tho second. whether the committee. IA the cir
cumst,nces, had noted ~ they ought to have
done. lie considered, rs 10 the first uOint, that
| the construction Of the rule WIS clear. Under
/ the first part no Recommendation" could bc
mado unless twoihirds Of n committee
/ specially summoned agreed thereto Then
came the second proyiso. which dctt with "a
much more serious matter aud in his opr on.
| tho they there mentioned must refer 10 a
| comm.itr" specially summoned aud not 10
ANY casual house committee, meeting To- settle,
matter His view WIS strengthened when lac
saw that the quorum Of an ordinary committee
was only three. whereas there wcrr twcniy.iour
rnaN AK Ia
that ~ WIS Intended TINT nuns character
should. 10 might boz, bc taken away ny tn mere
unanimous decision ui the orlinur- committee.
II appeared 10 him clear that the meeting
! which had decided on the case was improperly
constituted. aud that their proceedings were
wholly invalid; Then. as io the second ground
Of mplaint, that the committee which had met
had not acted fairly. Now. this meeting. which
WAS really one 81 English officers. some 81
whom had, rolahly. served on couri-muriial
and were. therefore. accustomed To- administer
Justice. had decided the ouss entirely tx partp
without hearing all the circumstances aud this
on such gray" charge and w1ero the effect
might he 80 terrible on the plaintiffs character
The rule, no doubt. provided that twenty mem
hers might call meeting 10 prevent the cNpul-
sion becoming final. hut there MIGHT bo som,
difficulty in getting twenty gentlemen together
t. call the meeting; but even If n meeting wer,
called. one black bail IN ten was 10 exclude. and
therefore. nine-tcnths OF meeting might lee IA
MS favor ana yctthe plaintiff might be sunina
rily expelled. and there would be no real rom
II lid appear TO him that English gentlemen
would certainly have done better to have seel
the person accused and heard what he had e
say or excuse L. make. They ouEl then 60 nav
taken tmc To- consider their Judgment before
thoy placed him IN such an unfortunate posi-
tipn. II might also bee that tho member NIGH
b. unpopular. and many might put in a baci
ball on that ground only Again. tue meeting
would probably decide that they must supper
their committee. and therefore uh all thes'
grounds the committee should have graveiy ant
carefully cunslde rcI whether any offence hut
boon committed before branding any one will
the name OF an expelled momhcr.
lie considered that N the PLAINTIFFS cas'
temen had given evidence behind his back. III,
committee had nothing before then. except tn,
draft of letter. not stating tho facts. but merely
admitting that the plaintiff had used a foolish
and excited expression The MAJOR had sub
sequenily given several excuses for his con
duct. One WIS that he had suffered from u fan
whether that was p4iliation or not was for Ill,
committee; but they dld not even kuoWth IN {
Another wis that the gentleman insutcd ha,
accepted an apology. and this was not heiOr
I them. The plaintiff had also ulologiHed To tn
other member and this they did not know
Such case. In his opinion. could only he prop
cry ndIudicated upon ON knowledge OF al
J Though he had TO right TO give an opinion il
tho nature OF an appeal from the committee
! members conduct still h. lid hope they woul
, carefully consider II the case again came be-
, fore them whether the offence committed. an
the expulsion Of an old and gallant officer. Ii
his opinion, the committee of "A club wrIc boun
10 act, in the words of Lord Hathericy "ac
cOrdng To the ordinary prinriplcs OF Justice
: and could not cXpcl a mcm1c without fair an,
adequate notice being given TO him to meet tn
! accusation made against him. They Were no
! 10 blast mans reputation forever without Civ
, ing him an opportunity Of meeting or palliutn
l the offence. The committee had. no doubt. act
ed perfectly bona ldc. and with desire to Il
right; but. IN his opinion, they had been mis-
, taken. He should make the declaration aske
for and grant the Injunction. and the plalut
must have his COSTS