The sun., 1903-11-26
A Decision as to Club Rules.

An English judicial decision concern
ing clubs has stirred up much discussion
in the London clubs and has also at
tracted attention in the same sort Of
associations in New York.
The decision, rendered by Mr.. Justice
JOYCE, was that the Oxford and Cam
bridge Club had no power, by resolu-
tion passed by majority Of the men,
bers present and voting at the annual
meeting Of the club, to alter rule by
raising the annual dues payable by each
member. AS no appeal WIGS taken, the
decision is Of importance, and, lnore-
over. at present it is the only authority
on the question raised.
The Oxford and Cambridge Club,
founded in 1880 for men educated at
those universities, originally fixed its
annual dues at five guineas, but in 1882
raised them to six guineas, in 1867 to
seven guineas, and in 1881 to eight gum
eas, and the validity Of the alterations
was never questioned. When, in 1902,
however, they were increased further
to nine guineas, by majority OF the
members at the annual meeting, Sir
RICHARD HARRINGTON, who had been
elected member in 1885, refused to pay
more than the eight guineas required
by the rule in force at the time OF his
election. He took the ground that there
was no power in the general meeting to,
alter the rule, and brought action against
the committee Of management to re-
strain them from erasing his name from
the list of members. The course taken
by Sir RICHARD HARRINGTON was not un-
expected and whimsical, for he had given
notice OF his intention to test the validity
of the alteration, and had the support
Of other members Of the club. 1t seems
that the fixed expenses of the club had
increased 80 much as to make necessary
the getting Of more income. but there
were differences Of opinion as to the
proper manner of raising it, some of the
members advocating an increase OF the
annual dues, or subscription, as it is
called in London, in the case Of new
members only.
Many Of the rules of the club are SUBJ
stantiaIly the same as those prevalent
in our own clubs. New members are
elected by ballot, at which at least twenty
members must vote, and one black ball
in ten excludes. The new member is
not admitted until he pays his entrance
fee and his first subscription. Unless
the annual subscription of member
is paid on or before March / OF each
year his name is erased from the list OF
members. One Of the rules provides
for an annual general meeting, "for
general purposes, in May, and another
fixes the number of members at 1,l7O
In his decision Mr.. Justice JOYCE held
that when Sir RICHARD HARRINGTON
joined the Oxford and Cambridge Club
"he became entitled, on payment of his
entrance fee and subscription, to the
benefits and privileges Of the club under
"the then rules and regulations, not such
rules and regulations as may be ordained
from time to time but the following
rules and regulations In other words,
he agreed to be bound by the written
contract that is to be found in the rules u;
and those rules did not nor, indeed,
do the present rules, contain any pro-
vision for the making of amendment or
alteration from time to time"
Mr. Justice JOYCE held therefore,
that there is no power in the majority
Of the members to alter those terms and
the constitution of the club, as they may
think fit, against the wishes Of minority
when such power forms no part of the
written contract by which the members
are bound "A club is not partnership,
or even quasi-partnership, for many
reasons, nor indeed in partnership can
amajority overrule the will of the minor
ty In such matter as this, unless il be
so provided by the articles IF the
majority here" he added, "can raise
the subscription to nine guineas, lido not
| see why they have not the power. if 40
minded, to raise it to twenty guineas. or
to make calls on the members to dis
charge any debt that may have been