Schubert Lodge, No. 118, Knights of Pythias of N.J. v. Schubert Kranken Unterstuetzungs-Verein

• Decision Date: 21 August 1897
• Citation: 56 N.J.E. 78,38 A. 347
• Parties: SCHUBERT LODGE, NO. 118, KNIGHTS OF PYTHIAS OF NEW JERSEY v. SCHUBERT KRANKEN UNTERSTUETZUNGS-VEREIN et al.
• Court: New Jersey Court of Chancery

38 A. 347

56 N.J.E. 78

SCHUBERT LODGE, NO. 118, KNIGHTS OF PYTHIAS OF NEW JERSEY

v. SCHUBERT KRANKEN UNTERSTUETZUNGS-VEREIN et al.

Court of Chancery of New Jersey.

Aug. 21, 1897.

Bill by Schubert Lodge, No. 118, Knights of Pythias of New Jersey, against the Schubert Kranken Unterstuetzungs-Verein and others, for the recovery of trust funds. Heard on bill, answer, and proofs. Decree for complainant.

De Witt C. Bolton, for complainant.

William B. Gourley, for defendants.

PITNEY, V. C. Complainant is an incorporated benevolent association, and belongs to the order of the Knights of Pythias. That order consists of the Supreme Lodge of the World, incorporated under a statute of the United States, and of several grand lodges subordinate to it, located in different states of the Union, among which is the Grand Lodge of the State of New Jersey, and then of numerous subordinate lodges acting under a charter from one of the grand lodges. See Grand Lodge, K. P., v. Germania Lodge, No. 50, K. P. (N. J.) 38 Atl. 341. Complainant is a subordinate to the Grand Lodge of New Jersey. The bill alleges and the answer admits that the complainant here is a corporation created and existing under the laws of the state of New Jersey. In that respect the case differs from the case developed in Grand Lodge, K. P., v. Germania Lodge, No. 50, K. P., where Germania Lodge was an unincorporated association. The bill does not state how or when the complainant was incorporated, but presumably, it was done under the "Act to authorize the incorporation of benevolent societies" (1 Gen. St. p. 149). In other respects the case developed herein much resembles that of Grand Lodge, K. P., v. Germania Lodge, No. 50, K. P.

The same volumes containing the constitution and laws of the order were put in evidence here as were admitted in the case of Grand Lodge, K. P., v. Germania Lodge, No. 50, K. P. Objection was made in argument to the sufficiency of the proof of the printed books of the constitution and laws of the order. They were proven to be genuine by the grand secretary of the state lodge, who received them in due course of business from the secretary of the supreme lodge for guidance and use by the grand and subordinate lodges of New Jersey. The presumption of their genuineness and accuracy results from their origin and custody.

The complainant was organized as a German lodge by persons, with a single exception, who spoke the German language, and the understanding that its work was to be done and its proceedings carried on in the German language was an inducement to all the members who joined it. Its by-laws were adopted in the German language, and so approved by the grand lodge of the state, and books of ritual were furnished to it by the grand lodge, printed in the German language. I think it sufficiently appears that for the first two years, at least, of its existence, its use of the German language was by the permission, either express or implied, of the grand lodge of the state. In 1892 the supreme lodge, the superior of the grand lodge, made some order directing the German lodges to discontinue the use of the German, with the result that the German ritual books which had been furnished them were demanded by the chancellor of the grand lodge, and were delivered up by the complainant. The different subordinate German lodges of the country united in an effort to reverse the action of the supreme lodge, and were finally defeated. This angered a great majority of the members of complainant lodge, and they resolved quietly to rebel, throw off the yoke of the grand lodge, dissolve the Schubert Lodge, as such, and surrender its charter, but not to permit the grand lodge to obtain the funds which they had on hand, amounting to...