Supreme Lodge K. of P. v. Kutscher

• Decision Date: 17 April 1899
• Parties: SUPREME LODGE K. OF P. v. KUTSCHER.
• Court: Illinois Supreme Court

179 Ill. 340

53 N.E. 620

SUPREME LODGE K. OF P.

v.KUTSCHER.

Supreme Court of Illinois.

April 17, 1899.

Appeal from appellate court, Third district.

Action by Henry J. Kutscher against the Supreme Lodge Knights of Pythias. From a judgment of the appellate court affirming a judgment for plaintiff (72 Ill. App. 462), defendant appeals. Reversed.

H. H. Field and Green & Humphrey, for appellant.

Connolly, Mather & Snigg, for appellee.

PER CURIAM.

The appellate court has affirmed a judgment of the Sangamon circuit court in favor of appellee against appellant on a certificate of membership issued by appellant to William C. Henry, payable to Louisa M. Henry, his wife. While in a drunken frenzy Henry killed his wife, and then himself, and the suit was brought by the administrator of her estate. The applications of Henry for the certificate contained this clause: ‘I hereby agree that I will punctually pay all dues and assessments for which I may become liable, and that I will be governed, and this contract shall be controlled by all the laws, rules, and regulations of the order governing this rank now in force, or that may hereafter be enacted by the Supreme Lodge Knights of Pythias of the World, or submit to the penalties therein contained, to all of which I willingly and freely subscribe.’ They were made, respectively, June 4, 1889, and April 26, 1892. The certificate was issued to him July 19, 1892, and it certified that Henry received the obligation of the endowment rank of the order, and was a member in good standing in said rank, and contained the following provisions: ‘And in consideration of the representations and declarations made in his applications, * * * which applications are made a part of this contract, and the payment of the prescribed admission fee, and in consideration of the payment hereafter to said endowment rank of all assessments as required, and the full compliance with all the laws governing this rank now in force or that may hereafter be enacted by the Supreme Lodge Knights of Pythias of the World, or the board of control of the endowment rank, and shall be in good standing under said laws, the sum of $3,000 will be paid by the board of control of the endowment rank Knights of Pythias of the World to Louisa M. Henry, his wife, as directed by said brother in his application, or to such other person. * * * And it is understood and agreed that any violation of the within-mentioned conditions or the requirements of the laws in force governing this rank shall render this certificate and all claims null and void, and that the said endowment rank shall not be liable for the above sum or any part thereof.’

The by-laws of the order, called its ‘constitution,’ empowered the board of control to establish sections of the endowment rank, and to enact, alter, and amend, from time to time, all laws and regulations necessary to govern the same. Acting under this authority, the board of control on January 13, 1893, passed the following alleged law for the government of the members of the endowment rank: ‘If the death of any member of the endowmentrank heretofore admitted into the first, second, third, or fourth classes, or hereafter admitted, shall result from self-destruction, either voluntary or involuntary, whether such mumber shall be sane or insane at the time, or if such death shall be caused or superinduced by the use of intoxicating liquors, narcotics, or opiates, or in consequence of a duel, or at the hands of justice, or in violation, or attempted violation, of any criminal law, then, in such case, the certificate issued to such member, and all claims against said endowment rank on account of such membership, shall be forfeited.’ The board of control reported its action in passing this law, with a copy thereof, to the supreme lodge at its regular session held in August and September, in 1894, where said report was by the action of that body referred to one of its committees, which committee reported to the supreme lodge in session approving the action of the board of control in adopting said law and recommending the adoption of the report. After the report had been printed, it was adopted by the supreme lodge, September 7, 1894. This by-law was published as one of the laws of the order. These facts appear from the evidence adduced by the defendant under the issues. The trial court excluded the evidence of the defendant, and instructed the jury to find for the plaintiff, and to assess the damages at the amount specified in the certificate.

We regard the question as settled that the supreme lodge could not delegate to a subordinate body the power to enact laws of this character, and that said board of control had no power to enact said law. Supreme Lodge v. McLennan, 171 Ill. 417, 49 N. E. 530;Supreme Lodge v. LaMalta (Tenn. Sup.) 31 S. W. 493. There are, then, but two questions to be considered: First, was said alleged law binding upon Henry and his beneficiaries by virtue of his contract to comply with all the laws governing the...