The Saint Paul globe., 1900-06-10
involves SECRET ORDERS
DECISION OF THE DISTRICT COURT
SETTING ASIDE VERDICT
AGAINST WOODMEN
HIS MEMBERSHIP HAD LAPsED
Court Holds That BOwIin Could Not
BE Reinstated without Passing
"a Physical Examinn-
ton.

In the case Of Frank Bowlin, a minor,
by his guardian ad item. George Bowlin.
against the Sovereign camp, Woodmen
of the World, decision Of interest to
fraternal organizations was filed yester-
day by Judge Otis, setting aside YER
dict of S1.11S.75 given by jury.
Deceased was a member OF Olive Camp
No. 8 and held life insurance policy
In the organization. The policy was al
lowed to lapse for three months, with
arrearages In dues amounting to $3.50.
Shortly before his death Mr.. Bowlin at
tempted to have himself reinstated. The
dues were rendered the camp, but were
accepted conditionally, as the rules Of
the order provide that when once a mem
Der has lost his good standing he can
only be reinstated again upon a perfect
physical examination. Very i'll with
consumption. Mr.. Bowlin was not able
to comply with this regulation. After
his death, his son, Frank BoWlln,
brought suit to recover the amount OF
the policy. During the previous nego-
tiations the money rendered for the back
dues had been sent to the sovereign
camp and had been refused. It was
again rendered to the parents of Mr..
lengthy memorandum the court says:
1T does not seem to me that this pay
ment of arrearages in the manner and
under the circumstances 1t was made
operated to remove the default and rein
state the insured to full membership so
as to validate his certificate. It was
handed to an officer of the defendant to
be handed to the clerk at time when
the insured was not IN good health, but
was in the last stages OF an incurable
malady. of which, a few days after, he
died. The officer did not accept it as
! payment, nor was he the proper officer
| turned over to the clerk. who gave q
| conditional receipt therefor, to the effect
| that he held 1t for the insured. pending
| the necessary action upon application for
| reinstatement, and that he had no claim
| upon the order Nntil such application
| had been accepted in accordance with the
constitution and laws.
'"The payment by virtue of this condi-
| tional receipt, remained in defendanth's
/ hands, subject to the full condition. with
out full acceptance thereof. or Of such
| claimer that it should operate as waiv-
| er, until the death Of the insured, when
| It was rendered back to the party who
| had paid 1t.
1.-The Insured was not in good health;
| he did not, and could not, appear before
| the clerk In person, nor was he able TO
| furnish O truthful certificate Of good
health. as required by the laws of the
| order, so made part OF his certificate
| OF Insurance In what occurred can find
| no waiver Of these conditions, even con-
| ceding that It was competent for the
clerk of the local camp TO make such
| waiver.
I'm this case, the acts of the officers
| of defendant order were such as 1t was
their duty to perform in view OF the
rights of the Insured. and there is in
my mind very grave doubt whether they
had power to waive the forfeiture. Sec
ton 81 Of the laws Of the order. This
| section "a apDar arently for the benefit OF
ell the members Of the association which
was mutual beneficial organization
confined in its operations exclusively t.
] Ita own members, and can see no rea'