Savannah morning news. [volume] (Savannah) 1868-1887, 1881-08-22
IMPORTANT DECISION.
A Test Case of Interest TO Bencfici-
airy Secret ORDERS

The members OF the several beneficiary
organizations in Savannah viii be interest
ed In the decision rendered last week in
New York, and which may be regarded as a
test case. There are at present in Savannah
Council Of the Royal Arcanum, one Of the
Home Circle, and two Lodges Of the Knights
Of Honor, two of the Ancient Order of United
Workmen and one of the Knights Of
the Golden Rule, and Branch of the
Catholic Knights of America, govern
ed by similar laws and comprising
large membership. This case will be Of
interest as it disposes of an important ques-
ton in the management Of such order, viz:
"The question of whether the laws of the
society can be enforced against its members
and be sustained by the courts" The fol-
lowing Is the statement of the case:
In the Court OF Common Pleas for the
city and county of New York, before Hon.
George M. Van Hesen, DIR. II. 7. Elliott,
late member of New York Council No.
34S, Royal Arcanum, made application about
the first Of June last for writ Of man.
damus directing the said Council, its OIL
GERS and members, to reinstate him as a
member of the Council, and to recOnfer up
on him all the benefits and privileges of the
order, upon the alleged ground that he
had been wrongfully suspended for the non
payment of an assessment.
Inc point at Issue, stripped OF all extra
neous matter, is this: Can a member, under
suspension for the non-payment of an as
sessment within the limit of forty days, be
restored to membership IN any other way
than that prescribed by the laws of the
orderS
In rendering his decision denying the ap-
plication, Judge Van Hoesen said:
81 am satisfied the alternate man
damus applied for should not be issued,
because there are no merits In the REALTORS
case. He POUNDS his whole case upon a
rule which he said existed. that permitted a
member to pay an assessment after forty
days had expired, and at the first meeting
held after the expiration of the forty days.
The existence of such rule is inconsistent
with the written laws Of the society, with
the published decisions OF the supreme tri-
bunal, and with the statements under
oath of those who know quite as
much of the society as does DR.
Elliott. The only questions OF
fact presented by the affidavits is as to the
existence or non existence of such a rule
OeavIng out of view an incidental question
dS W uQCSg WutCA 10 VI uO III JnC
NATTER, and think that in the exercise Of
a sound discretion | am bound to say that
this case requires an exception to be made
to the rule that an alternative mandamus
will be issued where the facts are in dispute.
Where the evidence is so overwhelmingly
on one side 1t can not be right to require the
party to incur the expense of trial before
jury.
''If the rule in question did not exist, 1t is
of no consequence that the relator had no
hearing before he was suspended.
SIN Rex VS.. Axbridge, CoWp., 523, it was
decided that a mandamus ought not to be
granted to restore person to an Office when
1t is confessed that he was rightfuly re-
moved, though without notice. And in
Rex VS.. Loudon, 2 term, III, 1t was held
that where it appeared that an officer was
suspended on good grounds, mandamus
should not be issued to restore him, though
the proceedings were irregular. The man
damus is therefore denied"
The decision is maDifestly right. By re-
fusing the application for a mandamus to
compel New York Council to reinstate Mr..
Elliott, the court decided, in effect, that the
written law of the order must be obeyed,
and that it was clear an6 explicit in this
case. An assessment must be paid within
forty days from the date of call, and any
member neglecting to pay within that time,
thereby works his own suspension and for
feits all rights and benefits of the order.