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PENNSYLVANIA STATE CAMP v. WASHINGTON CAMP NO. 135 (06/25/56)

June 25, 1956

PENNSYLVANIA STATE CAMP, PATRIOTIC ORDER SONS OF AMERICA
v.
WASHINGTON CAMP NO. 135, APPELLANT.



Appeal, No. 38, Jan. T., 1956, from decree of Court of Common Pleas of Schuylkill County, Sept. T., 1949, No. 8, in equity, in case of Pennsylvania State Camp, Patriotic Order Sons of America, v. Washington Camp No. 135, Patriotic Order Sons of America, and George Rankin. Decree affirmed; reargument refused July 18, 1956.

COUNSEL

Maynard Stapleton, with him J. F. Mahoney, for appellants.

Ralph M. Bashore, with him Orrin E. Boyle, for appellee.

Before Stern, C.j., Jones, Bell, Musmanno and Arnold, JJ.

Author: Stern

[ 385 Pa. Page 493]

OPINION BY MR. CHIEF JUSTICE HORACE STERN

This controversy concerns the right of Pennsylvania State Camp, Patriotic Order Sons of America, to take

[ 385 Pa. Page 494]

    over the property of a local Camp upon the latter's expulsion from the Order.

Patriotic Order Sons of America, a fraternal and patriotic organization, was organized in 1847 as an unincorporated association. In 1866, 28 then existing local Camps united to form a State Camp. A constitution was adopted and the State Camp was incorporated under a special Act of February 27, 1867, P.L. 285, which provided that the persons therein named and their associated were created a body corporate by the name, style and title of the "State Camp of the Patriotic Order of Junior Sons of America of the state of Pennsylvania," with the power generally to "do all and singular the matters and things which may be lawful and necessary for the well being and due management of the affairs thereof." The Act further provided that the corporation should "consist of such persons as are now members, or shall be hereafter admitted as such, agreeably to the by-laws of said camp." By the Act of March 18, 1869, P.L. 396, the title was changed to the "State Camp of the Patriotic Order, Sons of America."

In 1887 the State Camp granted a charter to Washington Camp No. 135 located at Middleport, Schuylkill County. The charter recited that in accordance with the constitution, laws and rules of the National and the State Camp there was granted to the members of the local Camp full power to receive and initiate proper persons and instruct them in the workings of the Order on such rules and terms as the laws of the Order required, and to perform all the rights, duties and privileges of a camp of the Order, while they conformed to all the laws and rules thereof.

Camp No. 135 became incorporated in 1904 under the Act of April 29, 1874, P.L. 73. It continued as a subordinate Camp until ...


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