The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-08-24
GRAND LODGE Wins.
Two Decisions Against Subor-
dinate Lodges Of the
Knights Of Pythias.
Especial to orhe Jersey city News."l

IcPeCiai TO Ine Jersey City news.
TRENTON. Aug. "a. 1S97.-Vice Chan
cellor Pitney filed two opinions in the
Court of Chancery yesterday, setting aside
the action of two subordinate lodges of
the knights of Pythias, which became
dissatisfied with the action Of the SUI
preme Lodge in prohibiting the use of the
German language in carrying out the
ritual of the order. The action set aside
had reference to the distribution of the
funds OF the two lodges.
In the case of Germania Lodge, No. 50,
OF Newark, the members seeded and set
up an independent organization, and
then by resolution transferred the 81, 200
in the treasury of the old lodge to the
treasury of the new lodge, which was
known as Germania Lodge, No. l, hide
pendent Order Knights Of Pythias. De
Vice Chancellor holds that under the con-
stitution of the Order OF the knights of
Pythias the funds should have reverted
to the Grand Lodge of the State, mas
much as the subordinate lodge had sur
rendered its charter.
In the other case, that of Schubert
Lodge, No. lis. of Paterson, the same
method of recognizing a new society
and transferring the funds by resolution
was adopted, but nine members OBJ
jected. Vice Chancellor Pitney holds that
under the constitution these nine mem
bers are permitted to continue the lodge,
and made an order that the $500 which
the majority of the members had voted
to the new Organization which they
formed should be paid back to the mem
bers who had refused to secede, and who
shall be permitted to continue the old
lodge.
The defendants in this case claimed that
there was an implied contract in their
charter that the use of the German lam
galage should be permitted. The Vice
chancellor finds this GROUND u~ntenable,
and in this connection he says
- think this position is ~untenable for
reasons which do not involve an inquiry
as to whether there was in fact such a
contract and breach thereof, as alleged
by the defense.
"In the first place, it is to be observed
that the Schubert Lodge being not only
organized under the constitution and
laws of the-order, but also Incorporated
under the laws of the State, the consti-
tuition and laws of the order not only
defined the terms upon which the funds
of the lodge were held in trust, bat also
formed a contract between the different
members of the lodge; and a breach of
the contract between the Schubert
Lodge and tibet Supreme Lodge, if there
ever was such a contract, could not have
the effect of altering the terms of the
trust and contract between the members
of that lodge. Each member of the
lodge was interested in those funds, and
none of them could be directed from the
purpose to which they were devoted
without the consent of every individual
member. Such consent was not had,
and the well-settled rule in such cases
is that the rights of the minority who
stand by the regular organization must
be respected.
In the second place, the alleged
breach of contract did not justify any
such action as was taken. The most
hat could result from It was.a right on
the part of the Schubert Lodge to refuse
to obey the Grand Lodge by giving up,
as it did, the German rituals and the
use of that language. On the theory of
the defendants, the right of the member
of Schubert Lodge was to continue 10
use the German ritual and language and
to record their proceedings therein, and
to claim and exercise the right to exist
as a subordinate of the Grand Lodge,
Notwithstanding the adoption of the
statute forbidding the use of the German
| language