The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-11
IMPORTANT TO TRADES UNIONS.

nation before Commissioner Shields.
IMPORTANT TO TRADES UNIONS
Charles sassenschedt VS.. The Fresco Painters
Benevolent aud Protective Union.-The following
decision has been Just rendered in the Marine
Court. Trial Term, by Judge McAdam. in which
the rights OF trades unions IN dealing with men,
bers for alleged dehnquencies clearly set
forth, and Will DC found important 10 those unions
and the members thereof
DECISION.
The defendant Is corporation, duly organized
under an act or the Legislature of the state Of
New York, passed June s. 1872 CHAP. $50, for the
purpose OF mutual aid protection and support
and tor the promotion OF social intercourse and
the private and general interests thereof; and
by the second section OF the act of incorporation
the corporation Is authorized 20 make and
adopt consultation ana bylaws, rules and
regulations, for the purposes, object and govern
ment thereof The plaIntn herein became men,
Der OF the corporation after its Incorporation SUB
Ject 10 the constitution and bylaws enacted under
the authority OF the act OF Incorporate above re-
ferred TO. The plalntln claims that after he be-
came a member or said corporation, and on or
about the 1st day OF September, 1873, ne became
sick rom the effects or a sunstroke and renamed
In that condition until July, 1874 when the present
action was commenced to recover rom the de-
PENDANT benefits payable to sick members UNDER
the by laws at the raIe OF 80 per weeA ana winch
DEMENT'S at that rate. amounted to $ls5
At the time the present Action was COM
menced. ihe defendant, by, way OF de.
az the rate OF s. per Week ron the
LIST OF september, 1873, TO and including the 25th
OF January, 1874, since which last mentioned time
the defendant has refused to pay the plainIin any
more money. IL Is provided In and by tue consti-
luton and bylaws OF the SAID defendant, made IN
pul suance OF it, charter aud in force auring the
times In the complaint mentioned. that, in order
to entlte a sick membsr to recover any relief
proper officer oil tue delendant tnat tnereupon
whose duty 1t Is 10 Visit the sick on several days
OF the week for month. ana Immediately 10
condition OF the sick member, aud that II the
written report oil such committee confirm the ln-
ability to work OF such sick member, then 50 a
week for the support OF such SICK person IS
TO be allowed; not otherwise. IL lurtner
appeared that the committee appointed under
these bylaws did not confirm the plalntlUs
INABILITY to work caring any part OF the time Tor
which he claimed benefits. Tne bylaws also give
the corporation the right to have the SICK person
examined by phi, Stefan or It's own selection, Ia
order that 1t might ascertain whether such slek
person was unable to wIrK ana was really en-
titled TO relief. The defendant claims that II mad
the plaintiff examined under these provisions or
the bylaws, and rnat the report was unlavoraoie
TO him. me bylaws also provide that the MEM
bers oil the corporation, at any regular meet
a aux majority Ta1v Vote Of the persons present.
whether person claiming TO be sick IL or
Is not emitted 10 relief rom SAID corporation. ana
that at a regular meeting OF the corporation, on
the sth Of November, 1875, doubts arose whether
the piaintltf was really unable TO WORK ana en-
Titled 10 continuation OF MS weekly payments;
aud on The TN Of February, upon the various re-
ports made, the members OF the corporation, by
majority vote, resolved that tine plalntin was not
entitled 10 the benefits GAINED, and on the etn OF
August, 1874, the members OF SAID corporation,
pursuant TO the provisions OF Its bylaws, tried the
plaintiff on u charge OF attempting TO deceive ne
corporation IN regard to ms alleged sickness.
1egned. me plalntin was nottned OF THIS trlai,
appeared upon the notice and joined In tue de-
lIoerallons or the members ana on sucn
Judged guilty OF me charges and expelled rom
the CORPORATE n. The ties mony given upon the
trial showed mat the illness OF the palntln was
ana that among the rcmedles employed Whine at
tempting a cure were lager beer aud other stimu-
ate restoratives Int tank IL Is sufficient or the
purposes OF this case to mold nat the pialnun, BY
becoming a member Of the corporation and cub
scriping o It's constitution anu byl iws, yolunta-
rlly became Gound by tnelr provisions, and that
having appeared before the meeting at which ne
tried, ne subjected himself To the lurlsdlc
ton OF the corooration and that he cannot now
be allowed TO complain OF the result or the
trial IN which he himself TOOK so In
terested a part The proceeding on nandamus
before Judge Lawrence, OF the supreme Court
does not ala the plaintiffs in the present action,
because that adjudication related 70 "A previous
trial, Of which the plantlf mad no notice and con-
sequentlY no opportunity OF being heard, and
Judge Lawrence very properly neld that sucn an
expulsion was illegal aud that bylaw permitting
such expulsion was unreasonable heartily agree
with hin his conclusions out In the present IN
stance notice was given and the plalntln actually
attended ana submitted 10 the jurisdiction OF the
corporation, and ne Is certainly bound by Its ac
ton on that account and has no right 10 complain
OF the result, Under these circumstances thlnk
the action Of the cor poration conclusive upon
the plaintiff. and upon the evidence and the vari-
Gus reports before referred to must find for the
defendant.
Asnbel p. Fitch for plaintiff Messrs Solomon q
Burke Tor defendant