The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-28
Butte Department.
THAT A. 0. U. W. CASE
Grand Lodge Attorney KinSley Ex-
plains the Position of the Order.
REGARDING THE LIABILITY
Reasons for Denying That IL Is
Not a Corporation 1T Is a
Business Proposition
How Cotter Stood.

In explanation Of the defense set up
by the Grand Lodge A. o. u. W., to the
suit of Mary Cotter of Butte, which has
considerably stirred up the members of
that order. the grand lodges attorney,
]. w. Kinsley of Helena, in an inter-
view in the Independent considerably
modifies the supposed position he had
taken. Mr.. Kinsley said that IL was an
error to presume that the lodge had
taken the position that the members
were equally liable for the debts. as
had been reported. or that In denying
that the associa ton was a corporation
il denied that IL should pay the claims
that were Justly due against IL.
In denying that we are corpora
ton" he said, I'VE merely took ad-
vantage of our right to have our real
position known. just the same as you
and / would do If we were associated
In business together as copartners. and
should be sued as a corporation. We
would come into court and say that we
were not a corporation, but a firm, but
that would not be saying that we did
not intend to pay the Judgment IL IL
were found that IL was due"
The answer of the order to the COM
plant filed at the instance of the bene-
ficiaries of the dead man sets forth
that Cotter had been suspended from
membership for ID months. and that
after he had died the lodge at Butte
sent in $50, the amount of the assess
ments that would have been due IL he
had lived, and asked that he be re-
instated and the amount of the policy
paid.
I'm other words" said Mr. Kinsley.
referring to the subject, I'VE would
have been placed in the position or re-
Installing a man after he was dead, and
where would we be IL 1t were known
that we did business on such slipshod
principles?
I'm our answer we set out that we
are a voluntary beneficial organization,
and that we have a grand lodge with
grand officers and a complete system
of government and that we have
among other things a board of arbitra-
ton, of which Capt. James II. Mills,
DR. Billiard and John w. Eddy are the
members, and that they are empowered
to hear disputes. The attorneys for
the beneficiaries, the same who have
begun the suit against us. notified the
members that they would not bring the
suit, but that they would either await
the meeting of the grand lodge or ask
a hearing before the board of arbitra-
ton. Instead of that they flew into
The answer referred to contains the
usual number of formal denials. 1t is
denied that the grand lodge of the order
IS a corporation and proceeding from
that assumption, " is denied that the
plaintiff ever had any relations with
the answering defendant as a corpora
ton. And then, further answering, tee
defendant says:
That the Ancient Order of United
workmen is a voluntary. unincorpo-
rated beneficiary association or order.
composed solely of such persons as
shall become members thereof in COM
pliance with its law and subject there
TO and none Others"
That every member of the order is
subject to the laws of the supreme
lodge. The constitution. laws, rules and
regulations thereof are made a part of
the answer. as Exhibit A.
That every member of the order in
the state of Montana is in addition
thereto a subordinate and subject to
the control OF and bound to obey the
laws of the grand lodge
That Daniel Cotter became a mem
her of the order about the 18th OF De-
cember, 1890. by reason of a change of
his membership from the Jurisdiction
of the grand lodge of Nevada to that
OF the grand lodge of Montana, and
that thereafter he was Obliged to obey
III lnt TultS OF the oIutT
Among the rules were the regular OBJ
legations to pay the Assessments as
they became due. The answer recites
in detail the successive assessments
that were levied from Jan. 2S. 1894. and
that ne failed 20 pay. and which were
not paid at all. by himself or any other
person. Thereupon he was suspended.
as the rules and regulations provided,
subject to the rules that provide for n |
method of reinstatement. The terms |
and conditions under which a member
could be reinstated after a period OF |
80 days and within three months are ]
set forth as follows: a
In addition to the requirements pro
Nided for the restoration OF a suspend
ed member within one month. they
shall. after being in suspension 30 days,
furnish a certificate of good health at
Ihe time OF paying the delinquent as
sessments and those levied while the |
membership was In suspension The
reinstatement certificate shall be as
follows; i, -, to whom beneficiary |
certificate No. - was issued In -
lodge, No. =. OF the Ancient Order OF |
United Workmen, OF the state OF -.
having been suspended from all the |
rights. benefits and privileges OF the |
order by reason Of the non-payment of |
assessments. which suspension and for
feiture occurred within a period OF
three months prior 10 the date of the
certificate, and desiring TO be reinstat-
ed in said order. as provided by the
laws thereof. do hereby certify that / |
am at this date I'm bodily health, and l |
agree that the reinstatement of my
self as member of this order. based |
on this certificate shall be valid and
binding only upon the condition that |
the statement herein contained, relat- |
ing 70 my bodily health Is true IN every !
respect on the day and date hereof"
The applicant for reinstatement is re- |
quired 10 sign the statement, and the |
answer to the complaint goes on TO |
say that Daniel Coiter did not at any |
Tine furnish Rutia Lodge OF which he