Omaha daily bee., 1907-03-10
SONS OF HERMANN LOSE SUIT
Christine sOehneS Gets the Verdict On
Second Trial Of Case.
LAW DOES NOT FAVOR FoHFtlTURts
Judge Instructs Plainly Against Con
tentions of Defendants, which
Are Based on bylaws
of Orders,


BLOOMFIELD, Neb, March s-tspecial)
A decision of vital interest to fraternal
benefit associations was rendered in the
district court of Cedar county yesterday
when the jury brought in a verdict for the
plaintiff in the case of Christine soehner
against Grand Lodge Sons OF Hermann Of
Nebraska.
Jacob Soehner. deceased. husband Of the
plaintiff, was q member of Golden Crown
lodge No. 49, order Sons of Hermann OF
Nebraska. On May /, 19Oo, he failed to pay
assessment No. for the month Of April
and was suspended, according to the laws
Of the order. He also failed to pay assess
ment No. g. for May, and No. S, for June,
and was, on July dropped from the mem
bership record of the grand lodge. On Sep
TENDER 10 soehner paid to the secretary OF
the local lodge all assessments and dues TO
September 1907, and received receipt from
the secretary with the understanding that
in case the grand lodge would accept this
money he (Soehner) should be reinstated
according to the laws OF the order. Before
the secretary, however, had an opportunity.
Soehner was killed by railroad train on
his way TO his home.
Secretary Holds Money.
The secretary had not RENTED the money
to the grand lodge nor had he turned 1t
over to the treasurer of his local lodge, but
held Il in his possession. He notified the
grand lodge Immediately after the death
of Soehner of his action, and the grand
secretary replied simply that Soehner was
| not a member of the order, and therefore
did not consider the grand lodge liable.
| Three months later suit was brought
against the defendant in the district court
| OF Cedar county and, after listening to all
! the evidence the court decided the case IN
favor of the defendant The case was APP
pealed to the supreme court. and on an
| opinion of Judge Oldham reversed and re-
turned for a new trial
| Instructions Favor Plaintiff.
The case came UP for hearing this week,
| and the instructions of Judge A. A. WEIGH,
on the strength Of which the case was
decided by the jury. are as follows:
You are instructed that conditions in
| the certificate OF insurance issued by de-
| PENDANT to said Jacob Soehner limiting or
| avoiding liability of defendant thereon are
| strictly construed against the defendant
| and literally in favor of the beneficiary
named therein. and that the law does not
| favor forfeitures, and that a failure OF the
said Jacob soehner to pay his assessment tent s
| and without any Affirmative action by the
| defendant forfeit said certificate OF insur-
thereunder. but that in order to forfeit his
rights under said certificate of membership
or insurance for nonpayment of dues or
assessments some Affirmative action on the
part OF the defendant was required before
such suspension became operative.
Bylaws Are Explicit.
The policy of insurance and the laws oi
the grand lodge provide:
| That members who have failed to pay
| their lodge dues, assessments and fines
within thirty days from date of call shall
be suspended ipso facto and shall lose al
right to which they would otherwise he
entitled and 1t shall need no special order
| or notice on the part Of defendant. Sus'
pended members. whether on account OF
failure to pay lodge dues or assessments
shall lose all rights to which they would
otherwise be entitled. and the certificate
of insurance shall be null and void A
suspended member can be reinstated IL he
pays all arrearages within thirty days from
date OF suspension and can also be re.
| instated IL he makes written application
for reinstatement, to the local lodge within
three months from date OF suspension and
pays all lodge dues, assessments and fines
To be reinstated at this time. however
two-thirds of all the votes cast by ballot
thereon shall be in favor OF such reinstatc
ment at meeting of the local lodge.
The case will again go to the supreme
court