Cummings v. Bailey

If the State committee as at present organized and constituted is a mere voluntary association, not representative in.character, and the right to membership depends upon the action of the body itself, then its members have no right to appeal to the courts to interfere in its management. In that case, to quote from Judge Gray in McKane v. Adams, 123 N. Y. 609, membership is a privilege which may be “ accorded or withheld and not a right which may be gained independently and then enforced.”

If, on the other hand, it is a representative body and the plaintiffs are members by reason of their…