St. Mary's Beneficial Society v. Burford's Administrator

• Decision Date: 05 February 1872
• Citation: 70 Pa. 321
• Parties: St. Mary's Beneficial Society <I>versus</I> Burford's Administrator.
• Court: Pennsylvania Supreme Court

Page 321

70 Pa. 321

St. Mary's Beneficial Society versus Burford's Administrator.

Supreme Court of Pennsylvania.

January 8, 1872.

February 5, 1872.

January 8th 1872.

Before THOMPSON, C. J., AGNEW and SHARSWOOD, JJ. WILLIAMS, J., at Nisi Prius

Error to the Court of Common Pleas of Philadelphia: Of July Term 1870, No. 224 T. J. Clayton, for plaintiffs in error.

Henry Reed, for defendant in error.

The opinion of the court was delivered, February 5th 1872, by AGNEW, J.

The objects of this society set forth in their charter are, "to afford relief to the members thereof and their families, in cases of sickness, to defray the expenses of their funerals, or such other cases of distress as shall be defined by the by-laws." The society has power, by its charter, "to ordain, establish and put in execution such by-laws, ordinances and regulations as shall appear necessary and convenient for the government of the said society, not being contrary to the charter or the laws of the United States, or of this Commonwealth; and generally to do all and singular the matters and things which may be lawful for them to do for the well-being of the society, and the due arrangement and ordering of the affairs thereof." One of the by-laws provided that, "at the death of a member, entitled to benefits, there shall be paid to his widow or legal representative the sum of sixty dollars." This provision seems to have been made under the clause of the charter which reads: "or such other cases of distress as shall be defined by the by-laws." The charter contemplated as one of its expressed objects the burial of deceased members, but required no provision to be made for the widow or family after the death of the member. This provision was therefore wholly regulated by the by-law; and there was nothing in the charter which forbade the by-law from being made upon any condition necessary or convenient in the judgment of the society for its well-being, and the due ordering of its affairs. On the contrary, the propriety of such a condition fell within their express power of legislating for the welfare of the society. The payment of the sixty dollars to the widow was therefore made dependent expressly on the condition that the member at his death should be entitled to benefits. This being a case of distress defined by by-law, the only question which can arise upon the condition, to which the by-law subjects the title to relief, is whether it is reasonable or not; a question to which we shall come in a moment. Another by-law provides that the stewards "shall withhold all benefits when intemperance, debauchery, fighting, duelling or other disgraceful practices are the causes of disease or death." This is not an unreasonable regulation, if we give to it the proper interpretation. It is a direction only to these officers to withhold payment, but is not a final determination of the right of the member, for if he or his widow deny the alleged ground on which the stewards withhold the particular benefit he demands, there is nothing in the by-laws that prevent a call for the determination of the question by a proper trial in the society. The provision is, however, a very proper restraint on the officer to prevent payment...