The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-20
No Standing in Court.


1t was stated in this department recently that
it was the decision of the higher courts Of the
land that members of fraternal societies or
their representatives feeling aggrieved at any
action of the orders to which they belong, must
take their cases to the appellate tribunals OF
their orders and not to courts. The following
most important decision from the Supreme
Judicial Court of Maine, in the case OF Jeane
VS.. Grand Lodge A. o. U. w. of Massachusetts,
imperatively decides that members must e1-
haust remedies in society before appealing to
courts, and is in strict line with the decision
rendered by Judge Sanderson of this city in the
case of Robinson VS.. Templar Lodge |. o. o. +.
The Grand Lodge ofMassachusetts, A. 0. wv,
embraces Maine, New Hampshire, Massachu-
sets, Rhode Island and Connecticut.
This was an action to recover the sum OF
$4,000 by the plaintiff. who is the widow of
Henry ]. Jeane and his beneficiary named in
his application for membership and insurance
in Lakeside Lodge No. 43, located at Jefferson,
Knox County, a subordinate OF the defendant
association.
The application is dated December 25, 1890,
on which day he WAS initiated member OF the
lodge, and the applicant died October27, 1891.
The defendant is corporation under the
laws OF Massachusetts, ana is organized "for
the purpose of uniting in social and fraternal
association all acceptable men of sound bodily
health and good moral character; to promote
benevolence, charity and morality; to aid dis
abled members, by accident or sickness, or the
wives. children or other relatives, or any other
person dependent on such MEMBERS and to
assist widows, orphans or other relatives of
deceased members, end have complied with
the provisions OF the statutes OF this common
wealth"
The defendant corporation is supreme of the
order known as the A. o. U. w. Lakeside Lodge
No. 43, located at Jefferson, Knox County,
which admitted Jeane to the order, and of
which order he was a member, is a subordinate
lodge existing by authority of the defendant
corporations; and Jeane was, March 20, 1891,
of stated meeting pNnqllpf thnrpfrOm for
having made a false statement or answer in his
application for membership, and written
notice of the fact under seal of lodge, was
mailed to him few days after and the money
paid by him refunded.
The plaintiff contended that the expulsion
was irregular and void, and therefore without
any effect upon her rights.
No appeal from the action of Lakeside Lodge
in so expelling him was taken, as provided by
the laws of the defendant corporation. Appli-
cantS for membership agree to comply with
laws, regulations and requirements of the
order then or thereafter enacted. The consti-
tuition and laws are made part of the contract
under provision OF law XII, page. 73-Every
member who does not take an appealin any case
affecting his rights or interest in the order
within the time allowed shall be deemed to
have thereby agreed to abide by such decision
and enforcement or the laws and rules of the
order.
Under the provisions of section 81, law XIX,
when a member shall be suspended or expelled
for any cause whatever, he forfeits all rights,
benefits and privileges, and his beneficiary
thereby loses all right to any portion of the
beneficiary fund.
OPINION OF COURT
The plaintiff must recover, if at all upon
the ground that her husband died while a
member of defendant corporation IN good
standing. Before his death he was expelled
from membership. 1t is said that the proceed
ings leading to his expulsion were irregular
and did not conform to the rules of the order
Suppose they were The laws of the order give
an appeal to the supreme tribunal constituted
for the very purpose of correcting such errors
and they provide that member failing to take
such an appeal "shall be deemed to have
thereby agreed to abide by such decision or
enforcement of the laws or rules of the order"
The deceased failed TO take any appeal from
his expulsion, and thereby must be held to
have acquiesced in the decision. If courts of
law should undertake to review the regularity
of procedure in all secret or private societies
or associations the burden would become oner-
Gus. Moreover, it is just and reasonable to
hold that, when member of such society has
q remedy under the rules of the order from any
supposed erroneous action injurious to him
self he should first exhaust that remedy be-
fore appealing to the court for relief Karcher
VS.. Knights of Honor, 1877 Mass, 1858: Cham
berlain VS.. Lincoln 129 Mass, 20; Grosyenor
VS.. Society, 118 Mass, 70.
This court approves the doctrine of the above
cases in Lowell VS.. Iron Hall ian unreported
case decided in July, 1922
Judgment for defendant.