The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-03-31
C0SES HER SUIT
AGAINST WOODMEN
Mrs. Retta Sterling Cannot Recover
Insurance Claim of $4,000.
ACTION BY SUPREME COURT
JUSTICE BARTCH DISSENTS FROM
MAJORITY OPINION.

majority opinion deciding against
the contention of Retta Sterling, re-
spondeut i'm her suit against the Head
Camp Pacific Jurisdiction Woodmen of
the World. appellant. to recover s.. coo
on an insurance policy on her de-
ceased husbands life. and a minority
opinion finding i'm her favor, were
handed down by the supreme court yes
tcrday- The majority opinion was writ
ten by Justice Straup and concurred in
by Justice Mccarthy, and the minority
opinion was by Justice Bartch-
John Z. Sterling, who afteTward be
came the husband of the respondent.
who was che plaintiff in the Third dis
frict court, from which the case was
appealed, became a member Of lodge
of the Woodmen of the World i'm Salt
Lake i'm October, 1898, and Il ccrtii-
cate emitting his heirs and assigns 10
collect $1,000 insurance from the order
IN the event of his death was issued TO
him The $1,000 was made payable TO
Elizabeth Lowcry.
In the latter part of 1900 Sterling's
love for Miss LOWery grew cold or she
Tilted him. for he decided to marry the
Plaiutift. whose maiden name is not
given. and he then desired to name her
as beneficiary. tie consulted the clerk
of his lodge and was instructed by him
how to set about making the desired
change. \ request was made to the
head clerk To cause al new b-uCnt Ger
tifiCatc to issue, and the lodge official
was asked to cancel the old certificate.
The rules of the lodge and of the ord T
required that Sterling make certain
payment before his requests could be
complied with.
1t is stated i'm the majority opinion
that the clerk of Sterling's camp for
warded the new certificate properly in
dorSed. to the head clerk at Denver.
Colo. and that Sterling paid all his
dues To and including DSc. 81, 1900 and
that ne then ceased paying dues, and
by his failure forfeited his membership
in tho lodge and the order
Application Filed For Renewal.
Jan. 13. 1901. Sterling made written
application for Il T. uCWdl of member
ship. and July %. 1901. a certificate. i'm
which the plaintiff WAS named as bene-
ficiary, was signed by the officers OF
the head camp and was forwarded 10
the local camp at Salt Lake. to be
signed by the local consular Commau-
der, camp a rk and Sterling before de-
livery To the latter
Aug. ! of the same year Sterling was
notified to appear at the lodge room
Aug. s for initiation. but he failed 10
do So He was also notified to be at
Saltair beach. Aug. =, TO be initiated.
but he did not present himself on that
occasion Sterling died Dec. j. 1901.
without having been reiuStatcd i'm the
lodge or attending any of its meetings.
The majority opinion of the supreme
court holds i'm favor OF the appellant,
defendant i'm the lower courD. and
contends that Sterling had by his fail
UTC Co appear for re-iuitiatiuu and by
not complying with the requirements of
the constitution and bylaws of the
OTd=r iu the matter of paving advance
dues. had placed himself outside the
order. and that the order was not
obliged to pay anything on the second
certificate. of which the plaintiff was
the beneficiary. It was held that n
had not made the required tender of
the dues required to be paid before a
second certificate could be delivered to
him.
Judge Bartch blamed the alleged dc
fault of Sterling ON the clerk of the
camp. which he sought To enter when
IN" applied for a second certificat-.
Sterling had sought advice OF the
clerk had been told what TO 10 and
had followed his instructions.
Justice Bartch Oissents.
The whole transaction" says Jus
tf,e Bdrtch, ''ou the part of the de-
ceased. was but an effort in good faith
to provide for his wife. and the party
with whom he was contracting, and
Who miSled him. nov succeeds i'm de
- ling the provision intended for the
object OF his affection.
To my mind the ruling herein saw
orS neither of justice nor fair dealing.
Nor do / regard il as in accordance
with the principles ol law and equity.
applicable to such a ease. That this
Judgment will work miscarriage of jus
ticc the very thing which is the Couu-
datiou of law. 1 have no doubt. II
such r. contract. under such ciTCum-
stances as arc disclosed by this record,
can he defeated by mere teChuicalities,
what assurance can any member of the
lodge have that after mo is dead his
beneficiary viii receive the intended
bounty Surely tho result II this case
IS not in accord with tn benevolent
object of the order