Most Worshipful Grand Lodge of A. F. & A. M. of Alabama (Colored) v. Callier

• Decision Date: 24 March 1932
• Docket Number: 1 Div. 717.
• Citation: 140 So. 557,224 Ala. 364
• Parties: MOST WORSHIPFUL GRAND LODGE OF ANCIENT FREE AND ACCEPTED MASONS OF ALABAMA (COLORED v. CALLIER.
• Court: Alabama Supreme Court

140 So. 557

224 Ala. 364

MOST WORSHIPFUL GRAND LODGE OF ANCIENT FREE AND ACCEPTED MASONS OF ALABAMA (COLORED v. CALLIER.

1 Div. 717.

Supreme Court of Alabama

March 24, 1932

Appeal from Circuit Court, Clarke County; T. J. Bedsole, Judge.

Action by Mattie Callier against the Most Worshipful Grand Lodge of Ancient Free and Accepted Masons of Alabama (Colored). From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals.

Affirmed.

Harsh &amp Harsh, of Birmingham, for appellant.

Adams &amp Gillmore, of Grove Hill, for appellee.

THOMAS J.

The motion to strike is based on many passages of the bill of exceptions set out in hæc verba. There should have been a narrative recital of the evidence as prescribed by Circuit Court Rule No. 32. Louisville & N. R. R. Co. v Farmers' Produce Co., 17 Ala. App. 388, 85 So. 578; Turner v. Thornton, 192 Ala. 98, 68 So. 813; Harris v. Carter, 220 Ala. 444, 125 So. 608; Woodward Iron Co. v. Herndon, Adm'r, 130 Ala. 364, 30 So. 370. The affirmative charge requested and refused to defendant is thought, by appellant, to be better illustrated by the bill of exceptions as presented. We cannot commend this practice; however, we will consider the case on its merits.

The trial was had on amended counts 1 to 6, inclusive, based on "death benefits" by fraternal order; and the pleading was in short by consent, with leave to give in evidence special matters of defense sought to be set up by pleas 4 and 5, to which demurrers were sustained.

The constitution of defendant, produced and in evidence, purported to be that "Enacted by the Grand Lodge at Tuscaloosa, Alabama, August 20, 1925." In the preamble or enacting clause are the following recitals:

"Be it resolved by the Most Worshipful Grand Lodge of Ancient Free and Accepted Masons of Alabama that the Endowment Laws now existing be changed so as to read as follows:

"Widows and Orphans Endowment

"For the better protection of, and provision for the widows and orphans of deceased worthy Master Masons of this jurisdiction, the Most Worshipful Grand Lodge of Ancient Free and Accepted Masons of the State of Alabama does hereby establish the following by-laws for the regulation and government of the Endowment Department with the understanding that-

"The funds of the Endowment Department are purely charitable funds and under no circumstances are questions and disputes arising under it to be carried to a court of law until the beneficiary has exhausted all means for an adjustment of the claim with the Grand Master and an appeal from his adverse decision to the Grand Lodge and its adverse decision is had.

"Revenues

"First, (a) Each Subordinate lodge shall pay to the Widows' and Orphans' Endowment Department for every financial member according to the following schedule and classification of such members:

"Members belonging to Class A, monthly dues are $1.25," etc.

This is followed by statements as to the required "revenues" or "dues" to be exacted by the subordinate lodges from the several classes of members, and failing in this requirement the subordinate lodge is suspended; provisions for assessments, making endowment assessments precedent over monthly dues, and charging the worshipful master with the duty to see that the endowment assessments are paid; for suspension; and providing that each lodge shall be responsible for all its financial members; for reinstatements, suspensions, or expulsions or neglect of duty by officers; for monthly reports from subordinate lodges; for delinquent lodges and members; form of notice and proof of death; the required certificates from doctor and undertaker, and from the lodge; and it concludes with the agreement and provision "of payment of endowment upon proper proof of death" of a member. It is further specifically stated that: "In case of death of a member the beneficiary shall be paid according to the following classification:" Third year, endowment thirty-six month, $500 for class A; $400 class B; $300 class C, etc.; the amounts of monthly dues being $1.25 for class A, $1 for class B, and $.75 for class C., etc. And the receipt book and other evidence for plaintiff show that decedent was paying the $1.25 monthly rate (or class A dues); that he was within the third year of class A and had paid his dues for and from January 1, 1924, to September 31, 1929.

It is further stated in the endowment constitution, that: "All members of the Endowment Department, as well as their beneficiaries are hereby presumed to know and are bound by the by-laws of the Endowment Department now existing or hereafter enacted."

The catalogued dues of the grand master are set out as follows:

"The Grand Master is the head of the Endowment Department and shall have entire and exclusive jurisdiction of the affairs of the Endowment Department; except that any person feeling aggrieved over his action or decision has the right to appeal to the next Grand Lodge after his decision for relief.

"He shall order warrants drawn by the Endowment Secretary for the payments of endowments as well as other expenses of the Endowment Department.

"He shall have the right to appoint officers of the Endowment Department if a vacancy should occur in such office or offices until the next meeting of the Grand Lodge who shall elect one of its members to fill the vacancy.

"He shall sign all checks or warrants together with the Endowment Secretary and Endowment Treasurer for all Endowments or other expenses of the Endowment Department," etc.

The duties of the endowment secretary are, in part, as follows:

"For the convenient and economical administration of the Endowment Department there is hereby created two separate offices, viz.: Endowment Secretary and Endowment Treasurer. ***

"It is the duty of the Endowment Secretary to accept from the secretaries of the several subordinate lodges the dues of the Endowment members of such lodge and to receipt the secretaries for the same and to forward the same to the Endowment Treasurer without delay, and obtain from him his receipt for such dues.

"He shall pass upon the admittance of a suspended member or delinquent member to the Endowment Department."

The witness Foster testified that he was secretary of the subordinate lodge of which assured, T. C. Callier, was a member in good standing, having paid all his dues and assessments to and at the time of his death; that witness had held that office since 1914, from which time to his death the assured or "benefit member" had duly paid and was not in arrears at the time of his death on June 23, 1929; that all dues and assessments collected from Callier by his lodge and by such official thereof were duly forwarded in the form of a cashier's check or money by United States mail and post office in letters properly addressed, with the proper postage affixed thereon (Sovereign Camp, W. O. W. v. Adams, 204 Ala. 667, 672, 86 So. 737, and authorities), to C. W. Peters, as the secretary of the endowment department, at the head office of this order and of that official at Birmingham, Ala.; that he had due acknowledgments and receipts from said superior officer of defendant lodge for all remittances, including that for Callier, and placed them in his lodge room in a receptacle for such receipts, and they were destroyed by fire of the lodge building in April, 1929.

For the defendant said Peters testified that, as such official, or otherwise, he did not receive the remittances for the years 1928-29; that Callier was delinquent, with others of that lodge, from December, 1927, to the date of his death; he further stated that this "association takes charge of all the endowment funds and pays whatever endowments are to be paid." Thus there was conflict on the one question of fact-whether Callier was at the date of his death in the class indicated, and in good standing? And as to this a jury question was presented and was so submitted by the court. McMillan v. Aiken, 205 Ala. 35, 40, 88 So. 135.

It was decided by this court in Supreme Lodge of World Loyal Order of Moose v. Kenny, 198 Ala. 332, 73 So. 519, L. R. A. 1917C, 469, and Supreme Lodge of the World, Loyal Order of Moose v. Gustin, 202 Ala. 246, 80 So. 84, that, under the rule of agency, the superior lodge of that fraternal order was liable for damages to members being initiated; in Sanders v. Gernet Bros. Lumber Co., 221 Ala. 469, 129 So. 46, it was held one corporation may be the "general agent and arm" of another in conducting "its advancing business," and was the beneficial owner and may sue on notes taken for advances made; and in Jefferson County Burial Society v. Cotton, 222 Ala. 578, 133 So. 256, it was declared that legal fiction of distinct corporate existence will be recognized to protect the corporation in the conduct of its business, but not as a device for evading responsibility. McCaskill Co. v. United States, 216 U.S. 504, 30 S.Ct. 386, 54 L.Ed. 590. See, also, Birmingham Realty Co. v. Crossett, 210 Ala. 650, 98 So. 895, for authorities on agency or affecting the parent corporation. So much by way of analogy.

The witness Foster testified that there was no separate organization in the local lodge as the "Endowment Department," and that every member of the lodge is a member of the endowment department; that everything belongs to the endowment department; that no member is admitted to endowment without first being admitted to the Grand Lodge; that Callier paid all required dues or endowment.

Appellant, in answer to interrogatories under the statute and in evidence, admitted defendant to be duly incorporated in 1910 in Jefferson county, Ala.; that in answer to the following interrogatories:

"34. Is it not a fact that all members of your Grand Lodge must be members...