LEGAL PHASES OF COOPERATIVE ASSOCIATION'S. 57 



them, he is in no position to complain because he is required to com- 

 ply with the rules and regulations of the association to which he 

 agreed or because he is ex^Delled from the association in accordance 

 with them.*'^ 



In a New York case®*' involving the Xew York Stock Exchange, 

 in which it appeared that a former member had been expelled for 

 cause, the court of appeals of that State said : 



The interest of each member in the property of the association is equal, but 

 it is subject to the constitution and by-hiws, which are the basis on which is 

 founded the association. They express the contract by which eacli member has 

 consented to be bound and which measures his duties, rights, and privileges 

 as such. It seems most clear to me that this constitution and the by-laws 

 derive a binding force from the fact that they are signed by all members and 

 that they are conclusive upon each of them in respect to the regulations of 

 the mode of transaction of his business and of his rights to continue to be a 

 member. 



In another case ^' it was said : 



The San Francisco Stock and Exchange Board is a voluntary association. 

 The members had a right to associate themselves upon such terms as they saw 

 fit to prescribe, so long as there was nothing immoral or contrary to public 

 policy or in contravention of the law of the land in the terms and conditions 

 adopted. No man was under any obligation to become a member unless he 

 saw fit to do so, and when he did and subscribed to the constitution and by- 

 laws, thereby accepting and assenting to the conditions prescribed, he acquired 

 just such rights, with such limitations and no others, as the articles of asso- 

 ciation provided for. 



ADMISSION OF MEMBERS. 



It has been previously stated that an unincorporated association 

 may prescribe the qualifications of members. It can not be compelled 

 to admit as members persons whom it chooses to exclude.®^ In other 

 words, the whole matter of the admission of members rests with the 

 association. This is well illustrated in the case of Farmers' tele- 

 phone lines. The question of whether membership can be sold with 

 the farm in such instances has arisen. It is held that an association 

 has the right to control its membership, and a purchaser of a farm 

 merely by virtue of his warranty deed does not become a member of 

 such a telephone company.'''' 



MEMBERSHIP NONTRANSFERABLE. 



Membership in an unincorporated association is not transferable 

 unless the constitution or by-laws provide that it shall be."° The 



«5 State V. Seattle BasebaU Assn., 61 Wash. 79, 111 Pac. 1055. 

 8« Belton V. Hatch, 109 N. Y. 593, 17 N. B. 225. 

 e^HyclG V. Wood, (U. S.) 2 Saw. 655. 



•^ Richardson v. Francestown Union Cong. Soc, 59 N. H. 187. 

 «'■' Cantrill v. Telephone Co. v. Fisher, 157 la. 203, 138 N. W. 436. 



™ Moore v. Telephone Co., 171 Mich. 388, 137 N. W. 241 ; McMahon v. Rauhr, 47 

 N. Y. 67. 



