, 1879-03-01

serVeu tf1At inc policies Asc paynl,c III caSc Of
10 hcm alone. iii. ' faet Of iise|i eli would scen, @
to bc h1f]lcent to I1cMnn4trate f1at thu. nl.Icct
Of Tic nsaoctation was intended ~ benefit such
pcraona, nil!l such only. as no oihrr person can
derive my benefit from, It whatever. As To the
esconl point, It h expressly aversc'! in tic pleas
TINT tue Association has never required or re-
eciycd annual dues Or premiums frnfn any mrn,-
brr, but 1t Is contcnlc tfat ttn: Association IT,
1uircs annual dues. Ivy reason of bylaw which
lllc gcncral-cxpcnsc fund Of ahe Assurlatinn fur
such sums a may 10 determined upon ty tho
BnnEl Of Trustees, not 10 exceed $S0 III any
ono year. There is nothing IN this bylaw whicl,
Dretnlumt. No sum whntcvcr Is required to he
l'aI1 by the mctnhers annually, Tho 1,ylaw
lIlGscly empowers tlIc 'Irilftecs. wien II may
sersss be sssfs'''s s t. Fe9;' o esrr@s smesr 81 s
III any Ouc ycnr fur the ptlrpose ot ilqutlnttbg
thu expenses of tle Association. unt6r tllc by-
law thu amount is not 10 l}o raised afIiuallY; an
assessment lnay not be made oftener than incc
whc,i It was necessary to raise iund to cover
expenses. Tl's IA entirely different frUnl mn
annual nsscsstnent; on Hhntlal asPe6Encnt. Ms
we un1erstatd The trrtll, would rcuuIrc Tie poy-
nett OF specified Buin each ycar, while, Under
thu bylaw, IN annual naytnent ID not required;
Indeed. ITO assessment could be nlatlc except At
such tina aa the nonry was actually needed 10
1e,5ay n, ts expeI!ses Of tt'e Association.
in the amendment ia, That the members shall
receive no money as profits or otherwise. II IS
nycrred IN the pcas that TIC only officers Of the
Association who M aro or cysr VT Tere members
members OF the Executive Committee, and
none OF them have received or agreed TO
receive, nor has tho Associattou ever ugrccd
to esy Or o.9 ,s % or uy eS 81 al h hs1s ,ers sy
the Asaociation Eratuftously; tint M oiEcr
officer Ut the Association Ia ur ever tas been q
member thereof. anil no ncEnbtr has ever r.
ccivcd from tile Association my tnnney or other
thing, as profit ar otherwise. These aycrmcnts.
which arc admitted by Tie demurrer to bc ,rile,
seem to meet iully all the demands Ut the.
statute. Tile by-lawe, however. which are set
out In The plcas, provide tslas .the officers 1nny
upon brtween them ,tii The Trustees; mud llcncc,
It il claimed, members who arp oilfccrs receive
money as profits. The Association eannut hc
condemned because 1t May haso pussed q by
Judgment uf custer be rendered OH tint
ground but the bylaw II enforced, would not
be Inconsistent with tho statute. The sect!os.
OF the siutute should receive Il reasonable COLI
doubt II any court could properly hold
! ttlut II member wns ,ah officer uf the
Association, and was pnfd n compensation for
ILLS services, That such payment would By ire
eclYing money as profit or otherwise" The OBJ
jces Of the statute no doubt WAS to prevent the
corporation from making t1iylticntis Vi profit
among tl,c mutnbcrs as do corporations organ
izea for yccunary profit; aud willie tbs statute
| might subserve useful purpose II construed IN
| this nanner. wo fall to perceive any benefit
| which would result II Il member If the Assncia-
tton who happened to III MI olllcr should be de-
| psiyra OF receiving compensation for hs labor
| as nn officer. Compensation for lubor cannot
bc rcEnrdrd as profit. within the meaning Of Tie
Inv. rllr word profit, as ordinarily used, menus
tic gain undo upon auy business ur Investment:
Il different thing altogether from 1ncro eounpen-
| Baton for labur. t
| II VIC arc correct In our construction of lie
statute, tile pleas oct up d complete defense to
The Information, and thu demurrcr 10 ihr,l
should have hcpn ovcrFulcd. Tile Judgment
will bo reversed aud the cnpHe rcnanded.