The Saint Paul globe., 1897-07-10
CITY HAS THE POWER
TO COMPEL THE PROCURING OF
LICENSES AND PERMITS BY
SCAVENGERS.
CITY ORDINANCE UPHELD
BY THE DECISION OF THE SUPREME
COURT IN THE MORIARITY
CASE.
TWO INSURANCE OPINIONS
Are Handed Down, Both of Which
Are in Behalf of the
Widows.
CITY ORDINANCE UPHEL[
INSURANCE
TWO
OPINIONS


ing out, by the supreme court yester-
day, Of Scavenger Michael ]. Moriarity's
habeas corpus proceedings. Moriarity,
who WAS arrested for cleaning vault
without having first secured a license
from the mayor, and permit from the
board of health for the particular job
involved, attacked the law under which
he was imprisoned, as we'll as the reg
ularity of the proceedings under which
he was taken. The supreme court
holds that there were no Irregularities
sufficient to void the imprisonment,
and that as far as the validity of the
ordinance is concerned, the general
grant of power in the city charter is
very broad as to the passage of Ordi-
nances for the preservation of the pub
lie health and Ihe prevention or sup
preston of disease. The syllabus of
the opinion, which is by Justice Mitch
ell, is as follows:
State ex rel. Michael ]. Moriarity appel
liant, vs.. Thomas Mcmahon, respondent.
upon habeas corpus cognizance can be
acter which render the proceedings under
which the reator is imprisoned not on.y
erroneous. but absolutely void.
Under the general grant of power to make
all regulations and to ordain all ordinances
which may be eXpedient necessary for
the preservation of health, the s,innrcss:on
OF cis-a .. aud u p ntroiu;GN =
Of contagious diseases, the comnlon coun-
Gil of st. Paul had authority to rass an
ordinance requiring those carrying on the
business Of scavenger as therein defined
(ciean.ng out and removing the contents of
Privy vaults, cesspoo!s, sinks and private
drains) to first obtain a license, and
quiring the licenSee to obtain a permit from
the commissioner of health before removing
etc.
Relator remanded to the custody of the
respondent.
Mitchell, ].
Pauline Mueller, respondent, VS.. Grand Grove
OF the State of Minnesota, United Order
of Druids, appellant
!. In action brought upon a certificate
issued by defendant association to a member
OF subordinate grove, and certifying that
the beneficiary therein named entitled to
the Dement'S OF specific fund known as the
Widows and orphans fund upon the death
of the member. certain articles of the con-
sututlon OF the association considered and
construed.
Held, that the monthly contributions
provided for in section l, article s. are the
monthly dues" required to be paid by the
terms of section 2, same article.
2. And held that according to these arti-
cies, the member must be in good standing
at the time of his decease TO entitle his
oeLehciary to share in the benefits OF this
IN arrears for non-payment of monthly dues
lot more than thirty days and whose name
has properly been stricken from the rolls is
not member in good standing
.. When joining defendant association each
member paid as a fee into its treasury and
into the fund before mentioned a small sum
OF money. he thereafter paid monthly dues to
tne treasurer of the subordinate grove and
special assessments, if required. At the death
OF member in good standing defendants sec
IeIAry was by the articles authorized and re-
frnT nonh-
sum equal to 81 for each of its members
ana the amount thus collected coming out
Oh the treasures of the subordinate groves
constituted the fund out of which tho hon
efciary was paid. Held that if the suhordi
nate groves have by long-continued course
OF conduct miSled their members resnactino,
tne payment OF monthly dues, have created a
Dellef that payment need not be made in strict
ACCORDANCE with the articles and will not he
eXacted on the day stipulated, have thus led
Ihe members to rely upon a belief that de-
4ay III payment is unobjectionable and will NOT
aHect their good standing or their rights and
interests in the fund in question. payment in
S1rict compliance with the articles has been
waived, the defendant association caDn0t
claim that such members are not in pooJ
stanulhg II delinquent in accordance with
the custom and is estopped from insistina
upon a forfeiture. s
4. Held, in the case at bar, that the evi
dence was sufficient TO support the finding
lnat, within this rule there had been q
waiver and that the deceased member, al
member in good standing when he died
o. assignments of error relative to the ad
mission OF certain letters in evidence dis
tusSeu. toSt. tne same having been admitted as
teholng to support an allegation in the com
paint that defendant had been dulv notified
~ ~ 'ae uedIn prior to the commencement OF
IN oFe acuon. Held, in view Of the vagueness
OF the article relating to proof of the death ~
MEMBER, and the fact that the letters wara
treated by the board of directors of the as.
"tion and aU ,sfS as compliance with the article
stated that they were properly admitted tnGrein IN
e,Fiuence as tending to prove the aIIeea-
affirmed. CoIi; orqer
Fla " Nee, as Administrative. etc. anno1-
nao. I"mt, VS.. Bankers' Life Association of Min
l. The articles of defendant . lac. .
ahce association upon the assessment mr. 90
operative plan, provided that ali assessments
Ior death losses should be made by resolutinn
OF the board of trustees, and bv-Iaw boi
oeen adopted which read until and I,pieSs Les.
otherWlse ordered by the board of trustees ;;
m mnloFturay assessments shall be made only on
the hrst secular days of April JuIv and NJ
cember in each year, and bv snecia1 resni'7
ton On Nov. 6, 1893, the board. bv resoi1
ton, made and levied the regular December
assessment for death losses which had ac-
tually occurred, and from that time on until
the last day of November the secretary and
his clerks were actually engaged in nrensrino
causing to be printed and in preparing for
ments for over $1,000 members of the asso
clation. These notices bore date Dec. 1 and
were mailed to members Nov. 80. Held. that
one articles and bylaws were substantially
codnphed with, and that the December assess
ment was regularly and properly made.
Z: On Demg admitted each member was re-
qulreu 70 deposit with the association as
many dollars for each certificate of 80 600 as
ne was years of age, in pledge to secure the
payment OF all assessments occasioned nv
aeath or members made against him. Held
IN nncid
the association and the articles relating to
TINS deposit, that member who had de-
faulted in the payment of his assessments
was not entltled to have guaranty Deposit
applied in payment of such assessments
3. If in negotiations or transactions with q
member after knowledge of a ground of for
feiture OF his membership such an associa-
tlQn recognizes the continued validity oP tba
certificate or does acts based thereon the
forfeiture Is as matter of law waived and
such waiver need not be based on any new
agreement or estoppel. The forfeiture NAV he
waived, although the maker was in i'll health
at the time and could not have furnished
evidence required by the association as tn
his continued good health.
4. A secret intention on the part of the as
sociation not to waive a forfeiture cannot
defeat the legal effect of unequivocal and de-
liberate acts of its officers.
5. Held taking into consideration all of the
circumstances appearing On the trial. that
there was evidence which would have war
ranted a finding that defendant association
Dy ltS conQucL subsequent 10 knowledge Of q
forfeiture, had waived the same and had con-
cuded to treat its contract as still in force.
The verdict is set aside and new trial or
dered collins, j.
In assignment Of Isaas E. Burt, Isaac E.
Burt, respondent, VS.. Henry w. Fishel, ct
al, appellants.
Evidence considered and held that it sus-
tains the findings of fact and conclusions of
law of the trial court to the effect that the
respondent did not, within ninety days next