The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1912-11-28
CASE TO BE APPEALED SOON
Proposed Schedule Which has Puzzled
600 Woodnen in Kenosha will not go
Into Effect the first of January as
Decreed by Head Camp.

Insurgent members of the Modern
Woodmen Of America won sweeping
victory on Thursday afternoon when a
perpetual injunction was issued against
the head camp, al Illinois corporation,
by Judge Albert Shirley in the circuit
court at Springfield. AS the injunc-
ton is issued by court in the state
in which the corporation is organized
the result will have a bearing on all
camps of the order. The Kenosha
camp with it's six hundred members
has been anxiously awaiting this rule
and the result will be that no change
I in the rates will be made until after
the case has been decided by the high
est courts of the state of Illinois and
the United States. This will mean
that the members of the order in Ke-
nosha and other states will continue
to pay at the old rate pending final
settlement.
The injunction affects every member
of the order in the United States and
Canada.
Judge Shirley, in his opinion, held
that the new rates adopted by the
head camp in Chicago last January
would be burdensome to che members
of ba III
necessary. In addition to finding
against the increased rates +he court
restrained the officers from declaring
delinquent any member refusing to
pay them.
The petition for the injunction was
filed by four members of the organiza-
tion, P. E. Taintor, James NJ. Brown,
James H. Wallace, and Frank J. Koch,
of Springfield, last August. The hear
ing continued for two weeks, starting
the first week of September.
Judge Shirley held, first, that the
articles of incorporation authorized
the head camp to adopt reasonable by.
laws as it sees fit and that the neces-
sary two-thirds vote to amend the con-
stitution providing for the increased
rates was secured at the head camp
in January.
He held, however, that the new rates
proposed were burdensome and un
necessary, and that the old rates are
sufficient at this time and provide am
pie funds for the payment Of death
claims in the organization.
If it is. necessary in safeguarding
the members in the future to increase
the rates the court held that the head
camp could increase the rates gradual
ly.
The executive council OF. the Mod
ern Woodmen of America at an adj
journed melting will consider the
course to be followed in dealing with
the decision of Circuit Judge Shirley
at Springfield restraining the society
from putting into effect Jan. J., 1913,
the rates udopted by the society's
legislative body at Chicago last Janu-
airy. G. W. Halves, the society's head
clerk, in commenting on the council s
probable action, said:
"We will have full advices from
our counsel as to the terms of this de-
cision. We will, of course, respect the
order of the court while it remains in
force, but the case will be carried to
the court of last resort, and we fully
expect an ultimate decision affirming
Judge Shirley's opinion that the socie
tvs bylaw changing the rates was
adopted regularly and by the necessary
thirds majority and that the socie-
ty had the right to make any necessary
reasonable advance in rates by over
ruling his decision that the advances
were unreasonable and unnecessary
DEGAN AND DEFFRY WIN TWO.