The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-15

The opinion handed down by Judge
Edwards, refusing to strike off the non
suit in the case of Mary Ann Ryar
against the Delaware, Lackawanna ane
Western Mutual Aid association, is as
follows:
The only important question to be con-
sidered in the disposition of this rule re-
1ates to the construction of sections two
and three of Article XIV of defendants
bylaws. The regularity of the assessment
and the fact that the deceased. Edward
Ryan, was in arrears more than forty-fve
days. were established by evidence that
could not be reasonably disputed. Nor
was the alleged tender supported by any
such testimony as would JUSTLY us IN
submitting the question of tender to the
Jury. Therefore, the whole case rests on
the view taken Of the bylaw referred to.
A part of section two of Article XIV, OF
the bylaws. is as follows:
"A printed notice of each and every as
sessment shall be posted on the several
bulletin boards of the Delaware, Lacka-
wanna and Western Railroad company.
Such notice shall bear date and notify
members interested within forty-five days
from the date of such notice. Should
payment not be made by any member on
or before the forty-fifth day from the
date of such notice, either to a collector
or to the secretary at Scranton. such fall
ure to pay suspends the member from
the association and does not require
notice Of suspension from the secretary.
Forty-fve days is hereby declared the
limit within which such payments may
be made in order to retain membership
in the association"
Section three reads thus: 'At each reg
ular meeting of the association the finan-
cial secretary shall report the names of
.l-Is.. To-. 1T,
ticle, swhereupon the association, by dec
laration of the president, shall declare
such delinquents suspended and debarred
from any benefits whatsoever from the
association. A proper record of such
declaration shall be made upon the rec
ords of the association"
1t is impossible to misunderstood or
misconstrue the language of the part of
section three above quoted. 1t is clear
and unequivocal. OF the many bylaws
of beneficial associations that have been
under consideration, we have not seen
any containing less ambiguous language
than that Of section three in this case. A
failure to pay the assessment within
,forty-five days 'suspends the member
frome the association, and does not re-
quire notice of suspension from the sec
retary." So far as the delinquent MEM
Der is concerned, he is suspended from
the association by the express language
of the bylaw, without further notice.
The bylaw is therefore self executing in
the fullest meaning of the term.
1t is claimed on the part of the plain
tiff that section two of this bylaw is
modified by section three and is not OPP
erative until the president declares the
suspension at a meeting of the assoca-
tion. We think this contention is un-
tcnable. We look upon section three as
provision adopted by the association to
keep a record of delinquent members.
The financial secretary reports the
names of all delinquents" and the presi-
dent declares such delinquents"-the de-
linquents reported by the secretary sus-
pended The delinquency already exists
by the terms of section two, and the as
sociation for its own convenience and for
the purpose Of keeping a correct record
makes the declaration provided in Sec
ton three. There is nothing in this sec
ton which would lead in any way TO the
conclusion that the positive. self execut-
ing provision of section two is suspended
or postponed until any meeting or any
declaration of the association. The rela-
tion of the delinquent member as bene-
flciary of the association is governed en-
tirely by the terms of section two. Any
other construction of the bylaw would
lead to confusion and uncertainty.
Our attention has been called to the
case of Wheeler VS.. I.ackawanna Acct
dental fund, Lack. l.. News, o., and
Rhule VS.. the Diamond Accidental fund,
Ibid. 10l. both cases decided in our own
court. The first case is cited as author
lty for the defendant The two cases
are easily distinguished. 1t was decided
In both that member of a beneficial as
sociation may under certain circum.