erty? The party that adheres to the laws and
usages of the general organization is regarded as the true
association, and is therefore entitled to the enjoyment of the
property. Though that party may be a minority of the faithful few, the
members are enough to continue the organization.
Sometimes societies of a quasi religious character exist which persons
join, surrendering their property and receiving support. Suppose a
member should leave, and afterwards sue to recover his property. This
has been attempted, and usually ends in failure.
Are benefit societies charities? This question is important from the
taxpayer's view, as charitable associations are taxed less than others
or perhaps entirely relieved. An Indiana court has decided that a
corporation which promises to pay a fixed sum as a benefit during a
member's illness--he of course paying his dues--is not a purely
benevolent organization, and therefore not exempt from taxation.
Masonic lodges on the other hand, are generally regarded as charitable
institutions. "The true test," says a judicial tribunal, "is to be
found in the objects of the institution."
Again, a voluntary association may conduct in such a way as to create
the impression or belief that it is a corporation, and is forbidden
from denying its corporate liability for an injury or loss to a third
person. It is a familiar rule that a person who transacts business
with a partnership in the partnership name may hold all the members
liable as partners, though he did not know all their names. This rule
has sometimes been applied to a voluntary association, making it
responsible as a corporation.
The articles of association regulate the admission of members. A
physician who applied for membership in a medical society was rejected
because of unprofessional conduct. A code of medical ethics adopted by
the society was declared to be binding only on the members, and
therefore did not touch the conduct of one prior to his becoming a
member of the society. If the membership of a society is confined to
persons having the same occupation, a false representation concerning
one's occupation would be a good reason for his expulsion. In
admitting a member, if no form of election has been prescribed, each
candidate must be elected separately. This must also be done at a
regular meeting or at one properly called for that purpose. A call
therefore to transact any business that may be legally presented is
not suffic
|