The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-05-17

The 200 members OF 1.-The Order OF
Tonti in this city are fnnch exercised
over the demand for the extra ASSESS
ment.
An application for the appointment
Of O receiver for the Order OF Tonti
was made to Common Pleas Court No.
l. Philadelphia. yesterday afternoon.
1t took the shape Of bill In equity
filed on behalf Of Henry NJ. Irwin,
Lewis A. Yerkes and j. @. Worthing-
ton. The defendants are the Order OF
Tonti, Joseph K. Clausen. supreme
president; III. L. Stillman. supreme
secretary; NJ. Burkhardt. supreme
treasurer; John Rebman, Jr.. Littleton
Nj. Cross, John Ii. Hudson and others,
supreme trustees, and Jos. X. Clausen.
Joseph f. Ellery. III. L. Stillman and
others, Supreme Executive Committee
OF the order.
The bill alleges that by next May the
obligations OF the order will foot up
In the neighborhood OF 1850, 600.
while Its assets will amount to not
more than o.. 600. 900. and that for the
purpose OF making up the large de-
ticiency an assessment styled a debit
assessment has been levied on many
OF the members, including the com
plalnants. 1t is alleged that this 10 IL
legal.
Then, It is set out that on the Sth OF
this month, the Executive Committee
gave notice that they had called what
was designed as a debit assessment"
which amounted to $525 In one call,
but was sub.divided into 2i0 assess.
| ments on all the certificates Issued
prior ty october %. 1898. and maturing
after May 3, 1894, including those Of
the complainants. These assessments
were NUN bered from l to 210 inclus'
. i've. each for 81 SO. but due in one sum,
whereby the amount claimed to be
! payable on the relief fund certificate
held by each of the members became
| s525, and thus reduced tho value ol
the certificate. at maturity, from sloOl
| to S475.
A notice wns also circulated that the
mem bers had the option OF paying the
amount OF the assessment on or be
! fore June ., 1894, or having them
charged against their relief fund Ger
tltlcates, and that II they were unpaic
on that date the S525 In each cas-,
would be charged against the certifi
cate. This notice bore the printed sea
of the grand lodge and the name o
Secretary Adams, OF the Energetic
Lodge.
1t is alleged that there is no Warrant
In the charter. constitution or bylaw
of the order by which 1t can create oI
was called by the Supreme Executive
Commit during recess OF the
grand lodge. for the purpose OF reduc
Ing the value OF the certificates OF the
mem bers at the time OF maturity, anC
thus to reduce the obligations of the
order and force out large number oil
the members who will not submit tt
the assessments. or will he compelled
to forfeit what they have already con
| tpil ho ha nf tkf. nrnaI
will be increased for the benefit OIL
those who remain In. -.m....
soLvENcY ONLY APPARENT.
There are now about 10, 900 mem ers
oil the order. and the bill says. a debit
assessment OF 1926 on each certificate
of $1,000 would just about make up the
deficiency between its obligations and
its assets. If 1t could be collected, and
| allow 1t to maintain an apparent sol
| vency when tho fact Is that 1t can't
meet its present liabilities.
| 1t is further set out that by an amend
inent to the general laws recently
adopted by the Supreme Lodge. al
| mombers to whom certificates had
been issued subsequent to August %
1903. were freed from the debit assess
ment, anu this, 1t Ia alleged, is an UNI
fair and illegal discrimination against
those holding certificates Issued be
fore that date.
The Court is asked to declare the
debit assessments known as No to
No. 2l0 inclusive. to te illegal; to re
strain tho defendants from attempt
Ing to collect them; to order that the
business OF the concern in th his Com
monwealth he wound up and Its prop
eTty distributed among those who
contributed 1t, snd to appoint a no
ceiver to collect and distribute the as
sets. under tho Courts direction.
No action was taken by the Cour
yesterday. but the app ication for tn,
appointment OF receiver will proba
bly, be argued In court on Saturday.