Page:The New International Encyclopædia 1st ed. v. 05.djvu/79

* CLUB. 61 I tract of association, whether he formally sub- Feribes to its articles or not, though it is usual to make such subscription. The proceedings of social clubs have not often come before the courts for review, and when they have, it has usually been in connection with the exercise of the riglit of expulsion of an ol)nox- ious or offending member. This is generally jiro- vided for and regulated by the rules of the club, and, in general, it may be said that any member who brings himself by his conduct within the condemnation of the rules may be expelled in the manner provided by them, or, in the absence of any express provision, by the vote of a major- ity of its members. But the courts are not blind to the serious consequences of an expulsion, es- pecially in the forfeiture of the property rights which it involves, and will see that the offending member has fair play. He is entitled to a hear- ing and to reasonable notice, whether the rules of the club provide for it or not. The governing committee is a quasi-judicial tribunal and must act as such. But if the proceedings have been regular and fairly conducted, the courts will usually make no further inquiry. They will not, imder ordinary circumstances, undertake to con- trol the discretion of the association or its com- mittee, or to determine what is and what is not proper conduct on the part of a member. Doubt- less, however, if it appeared to the court that a member against whom proceedings have been taken was the victim of unreasonable prejudice or of a conspiracy, it might order his reinstate- ment. Generally speaking, the individual members of unincorporated clubs are not liable for the debts of the concern, urdess they have authorized the transactions out of which such debts arose — a voluntary club not being a partnership and no agency being presumed; but the assent necessary to bind the members individually may be given by resolution under the rules. Of course, where no agency or ratification can be shown, the stew- ard or house committee or other officer making or directing a purchase becomes personally liable upon the obligation incurred, the club, as such, having no legal status. An incorporated club, however, like any other corporation, may sue and be sued in its corporate capacity; and its officers and members, so long as they have com- plied with the law, are equally free from indi- vidual liability for its debts. For this and other reasons it has become a common practice to in- corporate clubs of this character. But incorpo- ration does not involve the existence of a capital stock, in the ordinary sense of that term, nor of corporate shares, nor has a club-member usually a transferable interest. (For a remarkable ex- ception to this rule, see Stock Exchange.) For the dissolution of an incorporated club, legal proceedings are necessary ; but a vol- untary, unincorporated association may be dis- solved informally by mutual agreement of its members, and thereupon the property of the club is distributed equally among them. Although a club is not a place of public enter- tainment, i.e. neither a tavern nor a hotel, within the meaning of excise legislation, it may never- theless be brought by statute under public regu- lation. Of course, the proprietor of a 'propri- etary club' is subject to the same laws as any other persons buying and selling intoxieating li<luors. It has been held, however, that the fur- CLXJBROOT. nishing of wine, beer, etc., to a member of a 'member's club' is not 'giving or selling' li(]uors within the excise laws. A club may also be a common gambling-house under the law if its members in considerable numliers liabitually con- gregate there for purposes iif gauiing. See Cor- poration ; Joint Stock Association; Volun- tary Association; and the autliorities lliere referred to. See, also, Boys' Clubs; Girls' Clubs; Women's Clubs; Working Men's Clubs; Working Women's Clubs. Consult also Wertheimer, Law Relating to Clubs (2d ed., London, 1889). CLUB, The. A group of discontented Wliigs in the Scotch Convention of Estates, led by Jlontgomer)", Annandale, Ross, and Hume, who for a time during 1089 and 1690 succeeded in blocking all legislative business. CLUBFOOT (in Lat.. talipes). A deformity of the foot, due to a distortion of one or more of the joints, and characterized by extreme ex- tension, flexion, adduction, abduction, or rota- tion. Surgeons recognize several varieties: a turning in of the foot {talipes varus), a turning out {talipes valgus), an elevation of the heel so that the weight is borne on the ball of the foot and the toes {talipes equinus), and a de- pression of the heel with the front of the foot raised from the ground {talipes ealcaneus) . Two of these forms are frequently combined {equina- varus). We maj^ also mention here the de- formities fiatfoot {pes planus), where the arch of the foot is lost, and its opposite {pes cavus), where this arch is imduly exaggerated. Clubfoot is either congenital or acquired. When acquired, the deformity is usually due to infantile paralysis (anterior poliomyelitis). The changes involve the muscles, tendons, bones, and ligaments. The treatment is manual, mechanical, or operative. Considerable improvement can be obtained in congenital cases by the first method, b^it those of long standing require splints or spe- cial apparatus, or surgical interference with sec- tions of the tendons and frequently removal of parts of the bones. The first operation for club- foot was done in 1731, by Sti'omeyer. Consult Gould and Pyle, article "TTalipes," in Cyclopedia of Medicine and Surgery (Philadelphia, 1901). CLUB-HOUSE. A building used as the head- quarters of a club. While of no particular im- portance in European countries, the cliib-Iiouses of England and the United States are. for archi- tecture and comfort, one of the foremost classes of contemporary buildings. The University Club in New York has perhaps the most magnificent halls and fittings. CLUB-MOSS. The common name of the spe- cies of Lycopodium and Selaginella. The plants resemble coarse mosses, and frequently bear club- like cones (strobili) of spore-bearing leaves. They are also sometimes called gi-ound-jiines. See Lyoopodiales; Pteridopiiytes. CLUBROOT, or Anbury. A disease to w'hich turnips, cabbages, cauliflowers, rutabagas, and allied plants are liable, and which often proves of serious importance to farmers, destroying the crop of entire fields. It is called cliibroot be- cause of the knobs or tubercular excrescences which form upon the root. The root often be- comes divided into a number of parts, each in some .small degree swelling separately by itself; whence the popular name, 'finger-and-toe disease.'