The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-05-17

s70s, 554 on hand. The total expendi-
lures since its incorporation. including
the 500 advanced to some Of the men,
bers, were S2S7, 195. The trial Of the
cases came up on April 4, when it was
decided that the case instituted by
Clemena Robinson and others, in Cir
cult Court No. 2. should take prece-
denee. It is the one in which the
opinion was given. 1t was argued by
Moses r. Walter, W. B. Crisp, and
Lewis J. Cohen for the compliments
and BY Bernard Carter and Isidor Ray
ner for the Circle. The opinion is as
follows:
THE JUDGES OPINION.
ION the Sd of February, 1892, the
defendant corporation adopted certain
amendments to their bylaws purport-
ing to effect material alterations in the
contracts evidenced by the certificates
issued to the contributing members Of
the order, in number some twenty
thousand. Immediately thereupon
numerous bills were fled by dissatisfied
members against the corporation, some
in this court and others in the Circuit
Court of Baltimore City. Differing
somewhat in their allegations the OBJ
ject of all these bills was substantially
the same-the winding up of the con-
Germ by the appointment of receivers.
The suits first instituted in both
courts were so nearly simultaneous that
a question Of priority was raised. 1t
was deemed proper that this question
Of jurisdiction should be determined by
the judges of the two courts together.
Upon the showing made it appear that
the case first above named was entitled
to priority, and the case entitled there
under was by consent consolidated
Herewith. It was then ordered that
the hearing upon the merits should also
be before the judges Of both courts in
which cases Of similar character were
pending, the decision involving a re-
sponsibility SO grave as the proposed
liquidation of a concern whose cash
assets, actual and accruing, amounted
to nearly one million dollars.
NO EXCEPTIONS FILED.
!" No exceptions have been fled to any
Of the testimony offered, documentary
or oral. In the able argument of de-
PENDANTS counsel it was stated that
their preference was to meet the case
on its merits, as disclosed by the evi-
dence. The same method will be fol
lowed by the court.
Several questions Of a more or less
technical character were raised by the
pleadings and discussed at length
which we do not find it necessary to
consider. The view which we take Of
this controversy is limited mainly to
the substantial charges of breach Of
trust and imminent danger to the fund.
As incidental thereto, and as bearing
upon the question of intent, circum-
stances of usurpation Of power, exclu-
sion of members from representation,
ss.ggestio talsi and suppressed reri, will
first be briefly referred to.
In order to understand the scope
of this inquiry it win be necessary to
premise that the organization known
as the American Fraternal Circle is
exceptional in its structure.
Ordinarily, benefit societies are
organized upon representative basis.
Their grand lodges are composed Of
delegates from the local lodges and
the supreme lodge is composed of del
egates from the grand lodges. Bacon
Ben, Soc, Sec, IL, 144.) They are
worked on the familiar democratic or
republican principles to which our peo-
pie are accustomed. They have their
own tribunals to which every officer,
however exalted in the hierarchy, is
responsible; members, however hum
Bile, are protected from oppressive ex-
hibitions of irresponsible power.
REPRESENTATION IN THE ORDER.
The original corporators Of the
Supreme Council of the American
Fraternal Circle have been engaged in
experimenting upon an altogether diff
ferent line. Without at present going
into details it is enough to say IN lin
me that they have resolved them
selves into a close corporation, de-
signedly excluded all other members
Of the order from representation in the
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