276.190. Unlawful to refuse membership or delay granting same--circuit court may compel issuance of membership--when.
Unlawful to refuse membership or delay granting same--circuit courtmay compel issuance of membership--when.
276.190. It is hereby declared unlawful for any suchorganization to refuse membership or to unreasonably delay thegranting of membership in such organization to any applicant formembership because of the manner, times or method in which suchapplicant intends to or does distribute the profits of suchapplicant to the persons composing any partnership in which theapplicant is financially interested or to the shareholders of anycorporation or cooperative association in which the member is ashareholder, and any refusal on the part of such organization toadmit to membership or any unreasonable delay in admitting tomembership any applicant for membership who intends to or doesdistribute to the person composing any partnership in which suchapplicant is financially interested or to the shareholders of anycorporation or cooperative association in which such applicant isa shareholder, the profits of such applicant to the personscomposing such partnership or to the shareholders of suchcorporation or cooperative association in proportion to thequantity of poultry and eggs or other farm products shipped tosuch member by the persons composing such partnership or theshareholders of such corporation or cooperative association,shall be prima facie evidence that such refusal or suchunreasonable delay is because such applicant for membershipintends to or does so distribute its profits, and any suchapplicant for membership shall have the right to have the actionof such organization, in refusing or unreasonably delaying theissuance of said membership, summarily reviewed by the circuitcourt, by filing therein a petition praying the circuit court tocause such organization to show cause why it has refused orunreasonably delayed the issuance of said membership, and if,upon the trial, said organization fails to show some lawful andreasonable cause for refusing or unreasonably delaying theissuance of said membership to such applicant for membership,then the circuit court shall, by proper order, compel theissuance of said membership to such applicant; provided, that anylimitation fixed by such organization, or by the members thereof,as to the number of members admitted to membership therein, shallnot be a lawful or a reasonable cause for refusing orunreasonably delaying the issuance of membership to suchapplicant for membership; and provided further, that the reviewprovided for in this section shall be merely cumulative and shallin no way relieve such organization or any member thereof, fromthe criminal or civil proceedings provided for in sections276.160 to 276.230.
(RSMo 1939 § 14401)Prior revision: 1929 § 12743