Kirkpatrick v. Abrahams

Citations

• 98 Kan. 685
• 159 P. 13
• 1916 Kan. LEXIS 162

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Fraternal Societies Organized Before 1898■ — Controlled by Act of 1898. Since the act of 1898, providing for the organization and regulation of fraternal beneficiary societies, took effect, constitutions of societies organized before 1898 and continuing to do business under the act without reincorporation are to be treated in the light of articles of association or charters under the act, so far as they relate to the same subjects, including provisions relating to plan of organization and provisions for amendment.</p> <p>2. Same — Fraternal Societies — Plan of Organization — Amendment—Constitutional Requirements. The plan of organization of such a society, set forth in its constitution, can not be amended by a simple by-law not enacted according to the provision of the constitution relating to its amendment.</p> <p>3. Same — Fraternal Society — By-law Contravenes Constitution — Invalid. Section 56 of the by-laws of The Knights and Ladies of Security, a fraternal beneficiary society of the character described in paragraph 1 above, providing that appointments by the national president to committees, the members of which become ex officio members of the supreme legislative body, shall not become effective until approved by the national executive council, contravenes section 2 of article 4 of the constitution of the order giving the president unconditional power to make such appointments.</p>