
    PEOPLE ex rel. AARONSON v. SCHEEL.
    
      N. Y. Supreme Court, First Department; Special Term and Chambers,
    
    
      October, 1880.
    Mandamus.—Inspection op Books.—Benevolent Associations.
    A writ of mandamus will be issued to compel an officer of a benevolent association having charge of the books thereof, and having a lien thereon for arrears of salary, to permit an inspection of them, upon condition of their being returned to him after such inspection.
    To contest the officer’s right lo retain, by such proceedings, the relator should take an alternative writ.
    Application for a mandamus.
    Isaac Aaronson, president of the Wloclawker Lodge, No. 5, Independent Order Sons of Benjamin, applied for a mandamus to compel Ahraham Scheel, the financial secretary of the association, to produce certain books in his possession, as such secretary, ata meeting of the lodge on October 4, 1880.
    The affidavits of the president of the lodge and of the Grand Master of the order, on which the order to show cause was granted, stated that the Independent Order of the Sons of Benjamin was of a benevolent character, and had about thirty-one sister lodges. That among its objects is the payment to the widow or mother of a deceased member in good standing, who had paid his dues, of fifty cents from each member of the order. That about two years ago the defendant Scheel was elected financial secretary of the lodge, and certain books were delivered into his possession. That, according to the rules of the lodge and order, the financial secretary received all initiation fees, dues and fines, and should promptly pay them over to the treasurer, and should at any and all times permit an inspection of the books by any of the officers of the lodge, and at every meeting have the books there present. That the president of the lodge had suspended the defendant, and appointed another in his place pro tempore. That at meetings in August and September last the defendant had refused to produce the books. That one of the members had died, leaving a mother, and it was necessary to inspect the books to ascertain whether his dues had all been paid, and his mother was entitled to be paid by the order. That without the books, or a knowledge of their contents, the officers of the lodge were unable to ascertain the names or residences of the members, so as to notify them of the time of meeting; to ascertain the status of each member; the amount of moneys which should be in the financial secretary’s hands ; or the general standing and present condition of the lodge; and that his withholding the books blocked up the proper conduct of the business of the order.
    The respondent controverted many of the above allegations ; denied that he had refused inspection of the books to the proper officers ; claimed that his term of office would not expire for several months, and until then it was his duty to keep possession of them under the by-laws, a copy of which accompanied his affidavit. He claimed that he had faithfully performed the duties of his office, and had a lien on the books for his salary, which was in arrears, and should not therefore be compelled to deliver them up.
    
      Henry H. Morange, for- relator.
    
      F. 8. Hahn, for defendant.
   Lawrence, J.

The lodge is entitled to inspect the books in the possession of the respondent, but it is not entitled, under the cover of a proceeding for such inspection, to obtain the removal of the respondent from an office to which he was duly elected for a term which has not yet expired. I cannot discover in the by-laws presented on this motion that there was any power vested in the relator as the president of the lodge to suspend the respondent. The by-laws do provide for the form of procedure to be adopted where charges have been brought against a member who has been guilty of misconduct. Such procedure is not alleged to have been followed in this case.

The respondent will therefore be directed to produce the books for inspection at the meeting appointed to be held on the 4th of October, but the,books must be returned to the respondent after such inspection. If the relator desire to have an alternative writ to try the questions of fact which have arisen on this motion, I will grant it, but if he desires a peremptory writ for the inspection of the books, it will only be granted on the conditions above stated.

Ordered accordingly.  