The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-03-24
IMPORTANT DECISION.
Ruling of Grand Master Workman Wal
lace, A. o. U. w, on Wichita Case.


lace, A. o. u. w, on Wichita Case.
A case Of unusual interest to all men,
bers of fraternal societies, involving the
essential principles of such orders, as
contrasted with the rigid business rules
of old line insurance companies, &C.
Cured in this city recently, and the
ruling of the Grand Master Workman
of the A. o. u. W., for the Kansas
jurisdiction, of which order decedent
was a member, exe>aplifies the ruling
spirit Of that order in adjusting claims
upon its beneficiary department.. The
Bowers claim has been adjusted upon
the Grand Masters decision, which is
as follows:
On the 18th day of September, 1892.
Samuel /. Bowers became member
of the A o. u. w. by initiation in
Lodge No. % of Wichita, Kan. Ac-
cording to his direction his beneficiary
certificate was made payable at his
deat tn to his wife and four children,
naming them. After said beneficiary
certificate was issued and delivered ac-
cording to said directions, another son,
not named in beneficiary certificate,
was born to Samuel l. Bowers and wife
About October 10th he called in person
upon J. W. Wingard, recorder of
Lodge No. %. and asked him what
course he should pursue to have his
certificate changed; stating he desired
10 have a new one issued and made
payable to his wife, as she would have
the care of the children and could thus
take better care Of them, and in case
of his death, prevent the courts from
interfering by appointing guardians
and the like for the children.
He did not have the change made
then, for the reason that he did not
have the money, being out of employ
ment; but remarked that as soon as he
could get to it, he would have the same
done
October 25th he sent a note to said
recorder in the words following to wit:
''Bro. Wingard, l send with my son
the policy that j spoke to you about
changing. l want the amount of $1,000
ell to my wife, Sarah f. Bowers.
Please attend TO this at once and
oblige. S. I. BOWERS"
He did not send the 80 cents, re-
quired for this transfer, but instructed
his wife to send the same out of ne
first money he sent her, as he was go
ing to Kansas City to work. He went
to work and sent home all the earnings
he could spare, but his wife found sore
need of all she received for necessary
expenses in keeping the family from
want; but intended to comply as soon
as she saw where she could spare the
money.
While at work in Kansas City. he was
taken i'll with pneumonia and died on
the 26th day of January. 1895.
Just prior to his death he asked his
wife, who was at his side, if she had
had the certificate changed as he had
directed. and upon being answered in
the negative, was very much dis
tressed. This order is now asked 10
carry out his plan for change in this
beneficiary certificates:
ta oil. c-tn n IA
been very satisfactorily set forth in
the way Of affidavits and statements,
with the original note OF October 18th,
1894, attached thereto
pause here to praise the recorder
and members of Lodge No. -, for the
careful preservation and presentation
OF this case.
Nothing is clearer to my mind than
that il was the most earnest desire of
the deceased brother that the old GER
tifieate should be delivered up and a
new one issued TO his wife; and that
every reasonable attempt was made 10
accomplish this end, and under the cir
cumstances il was most sensible
move.
Here was a brother, keeping his obi
CATION TO this order and with his in
dustry and love trying to throw the
greatest safeguards about his family;
here is a child Of most tender years
about TO be cut out of the benefit en-
titled to; and here is little mortgaged
home needing speedy relief. This
great fraternity Will not stop upon
technicaiities- such as this. but VIII en-
deavor to carry out the last clearly ex-
pressed desire OF the deceased. Besides
as a matter of equity. our courts would.
in my judgment, order that the same b.
so carried out. / therefore order that
upon the old certificate No %. l63 being
delivered up to the recorder OF Wichita
Lodge No. %. for cancellation, that a
new one be issued payable TO the wild
ow OF deceased, Sarah L. Bowers, and
that the same upon proper presenta-
ton be paid in full.
w NJ WALLACE.
Grand Master Workman, Jurisdic-
ton OF Kansas, A -. L. W.
AuTnoR's wIFE-'4C-hild-e<. yoU must No.
be so noisy. Your fssller i writing his CO
:ected works. ''-F7iegende Batter