United Bhd. of Carpenters & Joiners of Anerica v. Dinkle

• Citation: 69 N.E. 707,32 Ind.App. 273
• Parties: UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA v. DINKLE.
• Decision Date: 26 January 1904
• Court: Court of Appeals of Indiana

32 Ind.App. 273

69 N.E. 707

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

v.DINKLE.

Appellate Court of Indiana, Division No. 1.

Jan. 26, 1904.

Appeal from Circuit Court, Allen County; Edward O'Rourke, Judge.

Action by Elizabeth Dinkle against the United Brotherhood of Carpenters and Joiners of America. From a judgment for plaintiff, defendant appeals. Reversed.Ryan & Ryan, for appellant. Olds & Doughman and J. W. Eggeman, for appellee.

ROBINSON, J.

Overruling appellant's motion for a new trial, sought on the ground that the court's decision was not sustained by sufficient evidence and was contrary to law, is the error assigned. The agreed facts. as set out in the bill of exceptions, are as follows: Appellee is the widow of John C. Dinkle, who became a member of the appellant organization on June 11, 1900, and continued a member until his death June 29, 1901. Appellant, “the United Brotherhood of Carpenters and Joiners of America, is an organization consisting of local unions in the United States, and that the defendant herein is the supreme authority in said order, and has control of the grand and subordinate unions of the organization.” The objects of the organization, as set forth in its constitution, are to discourage piece work, to encourage the apprentice system and a higher standard of skill, to cultivate feelings of friendship among the craft, to assist each member to secure employment, to reduce the hours of daily labor, to secure adequate pay for work, to furnish aid in cases of death or permanent disability, and by legal and proper means to elevate the moral, intellectual, and social condition of the members and to improve the trade. That there has been organized in Ft. Wayne, for two years last past, a subordinate union known as “Ft. Wayne Union, No. 232, United Brotherhood of Carpenters and Joiners of America,” which is under the control of appellant. That each subordinate union collects monthly from each of its members in good standing an assessment or dues, for the use of the appellant. That the decedent, Dinkle, was admitted to membership in the Ft. Wayne Union, No. 232, and by such admission he was and became entitled to all of the privileges and benefits of membership in the general organization of the appellant, as provided for in the by-laws and constitution. That the following sections of appellant's constitution relate to the question of benefits recoverable in case of the death of a member: “Sec. 102. On the death of a member in benefit, his wife or legal heirs, as named in his application, shall be entitled to the member's funeral benefit as prescribed in the constitution.” “Sec. 95. The members' funeral benefit shall be $100 on six months membership, and $200 on one year's membership.” “Sec. 56. Monthly dues shall be charged on the books on the first of each month. A member joining at any other time in the month shall pay in advance a proportionate amount up to the first of the next month.” “Sec. 89. When a member owes a sum equal to three months' dues, he is not in good standing, and is thereby suspended from all benefits in the interim, and will not again be in benefit until three months after all his arrearages are paid in full.” The monthly dues were 50 cents. That immediately after the death of Dinkle, appellee, who was the beneficiary, furnished appellant with proofs of the death, as required under appellant's laws and constitution. That the following is a statement of assessments and dues made on decedent, the amount paid, and the date of payment, in the order named: May, 1900, 25 cents, April 2, 1900; June, 50 cents, April 2, 1900; July, 50 cents, December 3, 1900; August, 50 cents, January 14, 1901; September, 50 cents, February 11, 1901; October, 50 cents, March 18, 1901; November, 50 cents, March 25, 1901; December, 50 cents, April 1, 1901; January, 1901, 50 cents, April 29, 1901; February, 50 cents, April 29, 1901; March, 50 cents, May 13, 1901; April, $2, June 24, 1901; May, $2, June 24, 1901; June, $2, June 24, 1901; July, 20 cents, June 24, 1901. The court found for appellee and rendered a judgment in her favor for $200.

Appellant's constitution (section 56) provides that monthly dues shall be charged on the books on the 1st of each month. It also provides (section 57) that the financial secretary shall not receive the dues of members in the interim between meetings, except that after the last meeting in the month he shall receive dues at his house or office up to and including the last day of the month, entering upon the card of membership the exact date of payment. The agreed facts state that the monthly dues were 50 cents, and that each subordinate union collected monthly an assessment or dues. From this it must be held that monthly dues and assessments were placed on the books and became due on the 1st of the month, but that the member had all of that month in which to make the payment, and would not be delinquent as to the amount payable that month until the 1st of the following month; that is, the decedent was not in arrears for the dues and assessments for April, 1901, until after the expiration of that month-until May 1st following. It certainly could not be said that he was in arrears during the month of April for the April dues and assessments. So that, when section 89 says that when a member owes a sum equal to three months' dues he is not in good standing, it manifestly means that he is not in good standing when he is in arrears for that sum.

The agreed facts show that the decedent owed $2 for the month of April, 1901, and that this was not paid until June 24th. He was therefore in arrears for this amount from the 1st day of May until it was paid, June 24th. As the dues were 50 cents per month, he was in arrears, within the meaning of section 89, “in a sum equal to three months' dues.” The provision is not that if he owes three months' dues he is in arrears, but that if he owes a sum equal to three months' dues. There is no ambiguity in the language thus used, and we must give to the words used their ordinary meaning. By the provisions of the constitution a member is subject to fines and assessments. The agreed facts state that the monthly dues were 50 cents, and that for the month of April decedent was charged by appellant with $2. The payment of all sums owing by a member for any month is put on the same basis, and a member is...