Hawkshaw v. Supreme Lodge of Knights of Honor

• Decision Date: 17 January 1887
• Citation: Hawkshaw v. Supreme Lodge of Knights of Honor, 29 F. 770 (N.D. Ill. 1887)
• Parties: HAWKSHAW v. SUPREME LODGE OF KNIGHTS OF HONOR.
• Court: U.S. District Court — Northern District of Illinois

29 F. 770

HAWKSHAW v. SUPREME LODGE OF KNIGHTS OF HONOR.

United States Circuit Court, N.D. Illinois.

January 17, 1887

E. G. &amp W. C. Asay, for complainant.

C. C. &amp C. L. Bonney, for defendant.

BLODGETT J.

This is a suit for the collection of the sum of $2,000, which it is claimed accrued and became payable to the complainant from the defendant on the death of her husband, William Hawkshaw by reason of the terms of the benefit certificate issued to him by the defendant lodge. The defendant is a corporation organized under the laws of Kentucky, and one of the objects of the corporation is declared to be the establishment of a 'widows' and orphans' benefit fund,' from which, on satisfactory evidence of the death of a member of the corporation in good standing at the time of his death and who has complied with its lawful requirements, a sum to be determined by the lodge, not exceeding $2,000, shall be paid to his family, or as he may direct. The organization consists of the supreme lodge; grand lodges in states, territories, and countries; and subordinate lodges for local work in cities and towns.

William Hawkshaw was, in his life-time, a member of the Star of the West Lodge, one of the subordinate lodges of the order located in the city of Chicago; and in June, 1881, there was issued to him a benefit certificate, by which the defendant agreed on his death, provided he was then in good standing in the order, to pay out of its widows' and orphans' fund to his wife, Margaret Hawkshaw, the sum of $2,000, in accordance with and under the laws governing the order. This widows' and orphans' benefit fund of the supreme lodge, the defendant in this case, is derived from the collection of assessments upon the members; and one of the provisions of the constitution of the order is that each member shall pay an assessment made on him for this purpose within 30 days from the date of notice to pay the same, 'and any member failing to pay such assessment within 30 days shall stand suspended.'

It is conceded that this member died on August 19, 1884, and the only question is whether he was a member of the order in good standing at the time of his death. It appears from the proofs that on July 6, 1883, Hawkshaw paid assessment No. 121, of $1.30; that assessment No. 122, of the same amount, became due August 12, 1882, and was not paid by him, but was paid by the Star of the West Lodge, of which he was a member, pursuant to section 7 of article 8 of the by-laws of said lodge, which provides:

'If any member is in arrears with one assessment at the expiration of 30 days, the lodge shall pay the same out of its general fund, and attach a fine of twenty-five cents to it, and at the same time notify such delinquent; and he must pay the same assessment and fine within 30 days of such notice, but no more than one assessment shall be paid for each member.'

On the seventeenth of August, 1883, Hawkshaw made default in the payment of assessment No. 123, for the amount of $1.30, and on the twenty-fourth of August, 1883, he was reported to his subordinate lodge as suspended for the non-payment of assessments, and such suspension ordered to be reported to the supreme lodge; and between July 31, 1883, and the time of Hawkshaw's death, in August, 1884, 17 or more assessments of $1.30 were made, none of which were paid by him, or by any one for him. The constitution of this subordinate lodge (the Star of the West) also provides that any member who has been suspended for non-payment of dues, fines, or assessments, applying to be reinstated, must pay all arrears for dues, assessments, and fines charged at the date of such suspension; but such application for reinstatement must be made within one year; and, in case the application for reinstatement is made within 30 days of the time of such suspension, no medical certificate shall be required, unless so ordered by the lodge. That is, as I construe the rule, (section 3, art. 7,) a medical examination and certificate are required, as a matter of course, if application for reinstatement is made after 30 days from the date of suspension, but, if made within the 30 days, it is in the discretion of the lodge to require such medical examination and certificate. It also appears from the proof that from some time in June, 1883, perhaps as early as April of that year, Hawkshaw was mentally disordered, and at times insane, although no steps were taken to have him adjudged insane until February, 1884. From which, together with the other evidence in the case, I conclude that he was insane, at intervals,-- say from April, 1883,-- up to the time he was so adjudged, in February, 1884.

The records of the Star of the West Lodge show that on October 12, 1883, a motion was made by a member of the lodge to set aside the suspension of Hawkshaw, and reinstate...