Camp No. 6, Patriotic Order Sons of Am. of Baltimore City v. Arrington

• Citation: 68 A. 548,107 Md. 319
• Parties: CAMP NO. 6, PATRIOTIC ORDER SONS OF AMERICA OF BALTIMORE CITY, v. ARRINGTON.
• Decision Date: 07 January 1908
• Court: Maryland Court of Appeals

68 A. 548

107 Md. 319

CAMP NO. 6, PATRIOTIC ORDER SONS OF AMERICA OF BALTIMORE CITY,

v. ARRINGTON.

Court of Appeals of Maryland.

Jan. 7, 1908.

Appeal from Circuit Court of Baltimore City; Thos. Ireland Elliott, Judge.

Bill by Austin E. Arrington against Camp No. 6, Patriotic Order Sons of America of Baltimore City, to restore him to the status he occupied before expulsion from that order by one of the lower tribunals thereof and so continue him until his case was finally determined on appeal. Decree for complainant, and defendant appeals. Reversed, and bill dismissed.

Argued before BOYD, C. J., and PEARCE, SCHMUCKER, and BURKE, JJ.

O. Parker Baker, for appellant. J. Henry Baker, for appellee.

BOYD, C. J. The appellee filed a bill in equity, alleging that on the 9th day of March, 1899, he became a member of the appellant; that he has always paid his dues and obeyed its rules and regulations, "and has never forfeited any of his rights and privileges and benefits of membership thereof." It alleges that charges were preferred against him on February 27, 1906, by a member, who was the recording secretary, and "that the said charges against your orator have not been finally heard and determined, and that at this time your orator's standing and relation with said camp is the same as when the charges were first made." It further avers that by virtue of his membership in said camp, and the payment of his dues, which he has always tendered to the proper officer when due and payable, he is a member of the Funeral Benefit Association and of the Maryland Death Benefit Association, and upon his death the camp is entitled to receive $250 from each, to be paid to his wife; that by the rules and laws of the camp and of the benefit associations he cannot pay his death benefit assessments directly to the associations, but they must be remitted by the camp; and that he has been informed that the camp has ordered the Maryland Death Benefit Association to drop his name, "which would deprive the camp of the sum of $200 upon the death of your orator." Then after alleging that if his name is now, or will be, dropped from either or both of the associations, it will work great injury and loss to him, there is a prayer for an injunction, as follows: "That the said Camp No. 6, Patriotic Order Sons of America of Baltimore City, its officers, members, and agents may be enjoined from dropping the name of your orator from the rolls of the Funeral Benefit Association and the Maryland Death Benefit Association, and if the same has been dropped to have your orator's name replaced, so that in the event of your orator's death the said camp may receive from each of the said death and benefit associations the sum of $250 until the said charges now pending are finally heard and determined, provided your orator tenders to the proper officers of said camp the amount of his dues and assessments to date, and continues to tender his dues and assessments to the proper officer of said camp until the said charges now pending are finally heard and determined." There is also a prayer for general relief and for process against the president, treasurer, and four trustees of the appellant, but none against it as a corporation. The circuit court of Baltimore city passed an order that the appellant, its officers, members, and agents be enjoined (using the language of the prayer as quoted above), unless cause to the contrary be shown by the 4th of April, 1907. The appellant filed its answer to each paragraph of the bill, and alleged that the appellee had been expelled by the camp "after a fair and impartial trial had been given, in accordance with the laws, rules, and usages" of the order, and that an appeal had been taken which was still pending, not having been finally adjudicated. It also alleges that there is no contract between the appellee and either of the benefit associations, "and the only contract existing is the contract between the defendant and said association to indemnify it upon the death of one of its members." It admits that it has ordered the Maryland Death Benefit Association to drop the name of the plaintiff which it had done prior to the filing of the bill, "but avers in connection therewith that if the action of the defendant in expelling the plaintiff is reversed upon the appeal pending, it will restore the name of the plaintiff, but does not think that it should be compelled to pay assessments to the funeral benefit associations amounting to 35 cents per month, when it does not receive any revenue from the plaintiff." In another paragraph it alleges that "the plaintiff still retains whatever rights he may have to death benefits against this defendant, which cannot be determined until the final disposition of the case by the highest tribunal within the" order, and sets out a law of the order, which it alleges constitutes a part of the contract between the plaintiff and defendant, as follows: "Every member, before he shall be allowed to appeal to the laws of the land for the remedy of an alleged wrong, shall first exhaust every method of appeal founded by these laws." On June 14, 1907, a decree was passed enjoining the appellant...