The herald., 1897-06-25
OFFICE OF THE HERALD,

OFFICE OF THE HERALD.
Los Angeles, June "a. 1897.
A case of considerable interest to thu
army of small investors who put theil
money in fraternal organizations for thu
purpose of securing sick and death benediti
has just been decided by the supreme
court. The case is that Of Thomas B
Robinson against Templar Lodge. No. II
!. o. o. r. Robinson claimed $500 for sick
benefits at 81 q week. as member OF
Templar Lodge. He alleges that he be.
came incapacitated by reason Of illness
in April. 1889. and has SO remained ever
since. When he demanded his sick benefits
the claim was refused on the ground that
he was not sufficiently sick to incapacitate
him from earning livelihood He brought
suit and the lower court rendered a jude-
ment against him. From this adverse judg-
ment Robinson appealed. and the court has
denied his appeal.
Justice Temple. who wrote the decision
IN the case. after reviewing the testimony
and that section Of the constitution and
bylaws of the lodge in question. says:
Il do not doubt that the obligation rest
Ing upon the lodge is contractual obliga-
ton. and that the constitution, laws and
other regulations of the order constitute
contract. 1t is difficult to see how 1t can
be called a mere moral obligation, notwith-
standing the language of the constitutions
the constitution Is fixed and the agree
ment to pay the benefit is unequivocal.
The member being in good standing and
not delinquent, II through sickness he is
incapacitated for work, is entitled to "a per
week The provision is not that he may ap-
ply, and the lodge may at its option allow q
benent. The lodge contracts that 1t will
allow It,"
The question Of the Jurisdiction Of courts
IN disputes in fraternal organizations was
considered by Justice Temple Affirmative
~ He, says: when q suit has been
brought 1t is, however a defense to his
claim to show that he has agreed to SUBJ
init his demand to the tribunals of the
iodee under the prescribed procedure. The
oefendant In this case is not engaged in
business for profit 1t is semi-charitable
institution. 1t collects dues from its MEM
bers merely to distribute to members in
need, according to a plan agreed to by all.
1t would seriously interfere with the use
iulness OF these mutual aid societies If
.nelr iunos could be tied up by endless
THESE benefits are not charities in the
society becomes obliged to paw in certain
events. 1t is matter Of right and NOT ~
grace A consideration is paid and the
iooge reserves no right to withhold nav
ments when the conditions arise vet the
society has many Of the features of on
organized charity. and it has been said
.nal tne ciaim Tor sick benefit is not a
n oh
nave not yet applied to these institutions
win the same strictness with which thev
nave been applied to corporations organ,
iAed Tor profit. But even If this view were
not correct there can be no doubt that he
must nrst exhaust all the remedies afford-
ca wltnin the order before he can maintain
an action at law"
The plaintiff in this matter II anne.rs
did not appeal his case to the higher tri,
Duhai OF the order when his claim was flrst
u'sanoweo py the subordinate lodge ~
wnich ne was a member. Justice TemnIe
hoios tnat unless this resource has been
exhausted q claimant has no standing In a
sour. S ol law. The opinion will have a ten
oency TO restrain claimants from entering
suit hereafter for lodge dement's unless
tney have previously taken advantage or
an the resources provided by the laws of
iraternal organizations, notably that of
appeal to the higher tribunal of the said
organizations. For the reasons given the
judgment In favor Of Templar Lodge was
affirmed.
The municipal bonds drawing interest AZ
eix and seven per cent which are to be
taken up out of the proceeds of the late
sale OF refunding bonds cannot be so re-
deemed until after the expiration of thirty
days notice In the case of the General I'm
provement bonds and forty days notice in
the case Of the Funding bonds of 1881. The
city council passed the necessary ordi-
nance authorizing the calling in of these
bonds on the oath Of May. This ordinance
was duly approved by the Mayor and was
advertised May 29th. But the treasurer did
not publish his notice until the 23d of
June, and the holders of the old bonds thus
get the benefit apparently of about another
month at the higher rate of interest.
+ + =
Concerning the lumber trade the San
Francisco Bulletin says: "There is a con-
tinued good export demand for lumber
The low prices are very tempting to for
eign consumers. The Seminole has lust
sailed from Astoria for Australia with
fuil cargo, and the big ship Reliance from
the sound. The last named has over $780,
900 feet. This is the second big cargo for
Australia from the sound this month, the
other being 2,413,000 feet by the Prince
Robert. Both cargoes go to Port Pirie.
Two British tramp steamers arrived at
Astoria last week from China to load back
with cargoes. These are the Chun Sang
and Fan Sang. Two ships and schooner
now at northern mill ports. have just been
chartered to take lumber to England, Aus
tralia and the Hawaiian islands respect
ively.
y
The German Savings and Loan Society
has declared a semi-annual dividend at
the rate Of 4.20 per cent per annum on term
deposits and S1s per cent on ordinary de-
posits, payable July i.
y 4 +
California patents have been granted as |
follows:
Arthur w. Dove of San Francisco.
safety bank check, draft, ETC.; Joseph A. |
Flint of San Francisco. pneumatic over
shoe; William Knox of Howard, stone
grapple; Chilion T. Pelton of Perris, safe
set animal trap; Charles Petersen of San
Francisco. conductor for underground
electric railways; Joshua T. Stockton of