The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-29

TO Make tho Clause Ehectivo--Ncw
Trial Refused in the Waeeler Case.
In an opinion refusing new trial In
the case OF Maria Wheeler against the
Lackawanna Coal Company Accidental
association, Judge Edwards yesterday
made an important ruling in the matter
of expulsion for arrearages in dues,
deciding that the expulsion clause OF
bylaws in such societies Is not effect
i've until reinforced by some kind of
affirmative action. Tho opinion in full
Is given below:
When this case was tried we directed
a verdict in favor of the plaintiff for the
full amount OF her claim. We considered
at the time that the facts which were ma
terial in this disposition of the case were
undisputed. In reviewing the evidence,
the charge of the court and the authori-
ties, we are satisfied that the instructions
were correct and that, therefore, the Ver-
dict should stand.
The defendant is an incorporated bene-
fetal association, whose members consist
of the employees of the Lackawanna Coal
company colliery and other persons work.
ing in other mines in the same vicinity.
William Wheeler, tho husband of the
plaintiff during his lifetime, was mem
Der of the association. 1t was claimed by
the defendant that Wheeler was in ar
rearS in his dues - the amount OF Sl."5,
at the time of his death. His arrearage,
II there was any, accrued some time in
1894, about six or eight months prior to
wheeler's death in May, 1895. There was
some dispute as to the fact Of arrcarage.
According to the books of the association
Wheeler was in arrears; but according
to the testimony of the plaintiff and other
witnesses, he was not. 1t seems that
occasionally dues would be paid to the
secretary at hFs house, or office, OF on
the street, as mater of convenience to
the members who could not attend the
meetings of the association. According
to defendants bylaws the secretary had
no authority to receive money in this
way.
TO BE PAID TO TREASURER.
All moneys were to be paid to the
treasurer at the regular meetings of the
association. This custom of paying to the
secretary had been recognized to some
extent by the defendant But this dis
puted question of fact was not submitted
to the jury because the case was decided
on another point. One Of the undisputed
facts in the case was that the association
took no action in reference to Wheelers
arrearage and membership, until after
his death, when he was declared to be
in arrears and not entitled to be conSid-
cred a member and that the association
as such would not attend the funeral.
This was the first affirmative action on
the part of the association in the Wheeler
case. For several months after the al
legged arrearage had accrued, Wheeler
continued to pay his dues regularly and
these payments were entered upon the
books of the defendant. No effort was
made to adjust any dispute by the ap-
pointment of a committee or by hear
ing. Everything went on as usual and
RWheeler's membership in the association
|was not questioned or disturbed until
latter his death. He was not dropped
from membership" which may be done
according to the bylaws, when a MEM
per is In arrears to the amount of $l.25.
having failed to do this and having con-
\ued to recognize Wheeler as a member
receiving his monthly dues, we are of
opinion that the association is now
1pped from denying the claim of the
lily for the burial expenses.
ction q Article V, of the Ly-laws of
association is as follows:
my men Der in arrears for dues two
this after the regular payday of the
fawanna Coal company's colliery,
not be entitled to benefits; and any
Der in arrears to the amount of Sl.25
be dropped frcm membership
en- a member dies the family is en-
to $75 for burial expenses. The first
ef-the section quoted is evidently
scIf-eXecutinA 1t requires no action on
the part of the association. The second
clause requires affirmative action on the
part of the association before it can be
enforced. The n MEMBER "shall be dropped
from membership" Various courts in
constituting clauses of this nature have
differed in their views, but we adopt the
view which is least favorable to a for
feiture without notice. The question is
discussed by Niblack In his work on
benefit societies. We quote from section
2S7. second edition:
MUST TAKE ACTION.
In order to work a forfeiture of the
rights of a member, the society must, s
a general rule, take definite action upon
the default of member and declare the
contract at an end. BY the express and
unequivocal terms of the contract the de-
fault of the member may of itself work a
forfeiture, but construction that will
summarily cut off the rubstantial rights
Of 4 member is never red.
Where II Is provided that any member
who shall not pay within a certain time
shall forfeit his claim TO membership
and have his name stricken from the
roll,' this provision is not self-executing,
but requires affirmative action on the
part of the society declaring the forfeit
ure in order to terminate the member
snip. The society must ascertain the fact
Of delinquency and impose the penalty,
and until that is done, his membership is
not terminated"
The same doctrine is enuncated in the
ASase of the Commonwealth VS.. the Penn
|lvania Beneficial Institution, 2 s. &
140 The facts of this case show that
ording to the rules of the defendant
iety, each member was to pay 80 cents
a monthly contribution and If eny
ember should neglect TO pay for three
onths, he should be expelled. The
ames of John Hansell and others were
ytruck from the rolls but without a vote
. pr expulsion on the part OF the society.
Trilghman, c. j., says: "Therc was no
Vote of expulsion, because In the opinion
of the officers who have made return TO
the mandamus, the non-payment of theiu
contribution for three months, was ipso