The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1883-04-24
One of Sedalia'S Most Learned
Lawyers Gives His
Opinion
Of the Southwestern Mutual
Benefit Association of
Sedalia.
A Paper which Deals in Facts and
Figures and Should
Satisfy All.

1t is deplorable fact that there are men
in this country, even in Missouri-we are
sorry TO say who cannot stand little
cheap notoriety without swelling mp like q
pOrpoise, magnify ing their Office lin their
own imagination) and going beyond the
pale of their authority BY eternally
meddling with things that do not concern
them.
col John +. Williams has written a let
ter to parties in this part of the state, in
which he made the assertion that the
Southwestern Mutual BENEFIT Association
of Sedalia is doing business in violation Of
law.
The business of the insurance depart
ment is 10 deal with insurance compan; e.
and not with benevolent associations like
the one in question. For the information
of the public, AS well as our members, We
give below the opinion of Judge W. 5.
Shirk of Sedalia:
SEDALIA, Mo-, April 10th, 1883.
j. $. Mclean, president, and ". ID. steele, secre-
tary OF the Southwestern Mutual Benefit Asso-
ciaiion-
SIRs:-In accordance with your request.
/ have examined the articles OF association
of the Southwestern Mutual Benefit AssOci-
alton, of Sedalia, Missouri, as we'll also ss
the certificate of benefits issued by it to its
members. with view ofgiving NV opinion
whether. under the laws of Missouri,
said association is authorized to issue such
certificate MY attention has also been
called TO lett from the Hon. John +.
Williams superintendent of insurance, in
which he states that the said association is
"a lite association without capital, and
has no authority TO do business In Mis-
sCuri." ii it were true that il is life
association without capital, Mr.. Williams
would be correct i'm his conclusion, and vet
the same assertion might be made against
no any other organizations and associations
existing in the state to-day. / fnd the law OF
1879 materially changed by an amendment,
and new act passed in 1881. Prior to
that time section ga of the article under
which your association was organized
contained proviso in these words: Pro-
vided that nothing herein contained shall
be construed 10 authorize any association
formed hereunder to insure the life oil any
member thereof for his own benefit, or that
of any other person" BY amendment of
Feb. 9Th, 1881 this proviso was stricken out,
(see session acts 1881, page s6), and ON the
Sth day of March, 1881, a new act with an
emergency clause was passed, providing
that " no benevolent or charitable associa-
ton or society which shall issue any
certificate to, or make any promise or agree
ment with its members whereby any sum of
none, or benefit is to become due or payable
to its sick or disabled members, or On the
decease of a member sotely from tie pro-
ceeds of assessments or dues collected from tie
members thereof shall be deemed an insur-
ance company, or subject to the general
insurance laws OF this state" (Sess. acts of
1881, page 81 1 find by article of your
articles of association, that the objects and
purposes Of your association are 10 render
mutual aid and benefits to its members
and their dependents i'm case of sickness.
death or accident or otherwise, as may be
provided by the bylaws. And by article
3, the funds necessary for carrying out the
above mentioned objects shall be raised BY
mutual assessments. dues and and xdmis-
sion fees, t be collected from its members
forsthat special purpose.
1t seems to me that SO long as your as
ISOLATION keeps within the boundaries of
these declared objects and purposes, and
only uses the means specified to carry them
out, that there can be no serious question
as to the legality of your acts.
On an examination of the certificate
of benefits" which / am informed you is.
sue, find that no promise or agreement is
made to pay the sums mentioned in them,
except by dues and assessments col
lected from members of your association.
1t is therefore INV opinion that you are L.
gally incorporated for the purposes speci-
fed in your articles OF association, and that
the certificate of benefits" exhibited TO me
is authorized by your articles of associa.
ton.
suggest that it is not probable that Mr.
wrote the letter referred to. do not pre-
tend to be posted as to the different
schemes OF life insurance, mutual aid and
benefit societies, etc., etc., and do not desire
TO be understood as expressing any opin.
ion as to the feasibility of the plan of your
association or its probable success. About
that know nothing. "Your leaf1et may
or may moi" az Mr.. Williams saws, Soon
denim your association" But that the az
ISOLATION is legally incorporated, and has
authority to issue the certificate of bene-
[its," sample copy of which IL before me,
is, in my judgment, quite clear.
Respectfully, &C.,
WV. S. SHIRK.
Judge Shirk made careful examination |
Of the law, and we presume his opinion |
will forever SET at rest any doubt that may |
have existed in the minds Of the public Is |
10 the legality of the acts of the "South- |
western Mutual Benefit Association" of |
Sedalia, Missouri.
Respectfully,
Us. MCLEAN.
President.
Congressman Hazeltine, of Wisconsin,
was struck on the knee-cap by cabin deor |
Of Brooklyn, n. Y, ferry boat, and on |
his return to Washington became 90 lame |