The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1881-12-01
An Old Gaze Settled.

,,,,eision has recently been rendered by me
sanreme Court Of Kansas, which Is OF interest 10
societies such as odd Fellows and Free Aasons.
r,e,. is n class Of iou,ds who viii join secret
organization. oicai;ug themselves to submit 10
its r,,-s. and abide by is decisions, but VINO,
when pun,si,ed for violations OF those laws anu
,u,e. will ay to the public COURTS and seek civil
r,,,r,.,s and damages in revenge for their punish
meHt. Such was tie case OF William hfApa'
rick. of oskaloosa, whose case has been on the
hooks for the last nine or ten years. lie was
tried and expelled from the Odd Fellows Loeee
at oskaloosa, on the charge of perjury, having
been tried according tn the laws of the oraer'
He took an appeal to the Grand Lodse OF tle
State, still according to the laws Of the oro'i,
aud the Grand Lodge sustained the decision oil
the subordinate Lodge. The proceedings were
pu,,ished ia the printed report of Crane Louse
uroeeedings. Fitzpatrick then, with the assist
ance Of an old seed OF lawyer named Bennett,
a,el the Grand Lodge for -, 900 damages, based
upon this publication. Judge Morton, who oo-
easioually makes terribly cranky decision for
| "a leyel-heafed man, ruled in favor of Kirk
patriek. The ease was appealed to the Supreme
Court. which has upset Morton's decision, in the
I tolfOWln1 oIihio1-
| Where a report /. made To the Grand Lodge OF
the Iodepeudeut Order of Odd Fellows of Kansas IN
accordance with the usual rules, regulations and Gus
tou. az the order bv a member OF special commit
,.c thereof TO vhuin was referred a petition re-
,,rrtin the EXPULSION Of member OF the order from
saorIIina;e lodge instifying the subordinate lod se
in exi,ellinc the member fer perjury, and setthE
forth that the officers Of the subordinate lodge were
unanimously Of the opinion that the statement sworn
10 by such member in petition presented ny nun o
| the Grand Lodge, all infaInously un'rue, Is re-
ceivel and adopted by the lodge in the usual course
of its business and thereafter Is printed and puOi-
ed in rainphlet eHtited The Grand L0d Journal
1873" in connection with the general and ordinary
transactions Of the Lodge aud in the usual mahh1
Of printing and publishing the journal Of the rec"ri'
and proceedings of the Lodge, for the of the mem
hers of the order such publication il prisd fnoe PRIV
4 Heed In such n ease the occasion and manner Of
the publication prevent the inference OF malice whlel
the law draws from unauthorized communications
I and afford a qualified defence depending upon th'
| absence of actual malice.
] . Where i petition alleges that the defendant
pablishet false and malicious hel concerning th'
p,aintif setting il ont from which II appears 10 W
priaa fueie privileged. n report TO Grand -odg'
| Of Odd Fellows. iustifyng n subordinate Lodge II
expelling a member for perjury. it Is not based ol
objection TO the introduction of evidence but IN
burden of proof upon the trial to whether the dc
frndant was aetuatrd by actual malice, Is upon tn
| plaintif If the plaintiff gives no evidence oil rN
press malice under the the allegations OF such peti
| ton the defendant is entitled io a verdict
! All the iustices concurriug.