Commonwealth v. Heilman

Citations

• 241 Pa. 374
• 88 A. 666
• 1913 Pa. LEXIS 794

Syllabus

<p>Beneficial associations — Subordinate councils of beneficial associations — Incorporation—Junior Order of United American Mechanics, State Oouncil of Pennsylvania — Act of March 1, 1870, P. L. 288 — Disputes—Settlement—Election of officers — Quo warranto.</p> <p>1. The mere incorporation of a subordinate council of a secret, fraternal and beneficial order does not render such council independent of the order, especially when such council adopts a constitution and by-laws which unequivocally recognize the supremacy of the national council and constitution and laws of the order.</p> <p>2. The intent of the Act of March 1, 1870, P. L. 288, incorporating the State Council of the Junior Order of United American Mechanics of the State of Pennsylvania, was not to make the State Council independent of the order, but to give corporate .form to a society already in existence for the purpose of better promoting the principles of the order.</p> <p>3. Where the constitution and by-laws of an incorporated state council of a secret, fraternal and beneficial order provide that such council shall be subject to theS'laws of the order, and subordinate to its national council, the laws of the order providing for the settlement of certain disputes by a designated tribunal are part of the contract which the members of the corporation have made among themselves, and the decision of such tribunal, ’ rendered after a fair hearing, and without fraud or collusion will be enforced by the courts.</p> <p>4. Where the National Council of tbe Junior Order of American Mechanics had chartered a number of local councils to form an association known as the State Council of Pennsylvania, and the State Council was incorporated and adopted a constitution and by-laws which recognized the supremacy of the laws governing the whole order, and the constitution of the order vested a “National Judiciary” with exclusive jurisdiction of “all controversies whatsoever, the character of which is such that there i