Neto

Respondent, Conselho 41, is a social, fraternal and beneficial organization composed of Portuguese women. Of this appellant became a member on the fifteenth day of September, 1901, and retained her membership therein until January 20, 1907, when she was expelled. On the 1st of July, 1906, appellant became a member and the president of another similar organization known as the U. P. P. E. C., and which for the sake of brevity, will be referred to hereafter as the TJ. P.’s. For the same reason we shall designate respondent association as the S. P.’s. In July, 1901, the supreme council of the S. P. ’s adopted a resolution reciting that “Whereas, the society of Portuguese ladies known by the initials U. P. P. E. C. was organized through spite,” etc., “Be it resolved that there shall not be admitted into this society any more ladies belonging to the former society. And be it further resolved that no member of this society shall belong to the former under penalty of expulsion.” With some elaboration this was formally made a part of the constitution and by-laws by the action of the grand council of the order in July, 1903. When the local society was organized the members present,…

In her petition for rehearing appellant calls attention to the fact that, contrary to a recital in the opinion heretofore filed herein, it was expressly admitted by respondents at the trial of this action that the charges preferred against her were not read to appellant by the investigating committee. The statement in the opinion was based upon the recitals in the minutes of the council containing the report of the committee. These minutes were admitted in evidence, and it appears therein that “a copy of the charges was duly served on the accused sister, and she with the committee met at the city of Mendocino, county of Mendocino, state of California, on the seventeenth day of September, 1906. The charges were then read -to the accused sister by a member of the committeeetc. But the matter seems to be entirely immaterial, as she had been served with a copy of the charges and there is no contention that she was not fully informed of the nature of the accusation or that the laws of the order required the charges to be read to her by the committee.

Appellant makes a distinction between being a member and persisting in being a member of the proscribed order. However, since she…