Walsh v. Cosumnes Tribe, No. 14

Citations

• 108 Cal. 496
• 41 P. 418
• 1895 Cal. LEXIS 880

Syllabus

<p>Mutual Benefit Society — Sick Benefits—Noncompliance with Bylaws—Insanity.—Where a member of the tribe of the Order of Red Men was declared insane by the superior court of the county in which he resided, and committed to the asylum for the insane at Napa, where he remained sick and unable to attend to any business until he died, his administratrix cannot recover sick benefits under the by-laws of the order, where there was no compliance with the by-laws in sending to the order a properly attested statement of the case.</p> <p>Id.—Construction of By-laws—“Resident” and “Absent” Brothers. Where the by-laws contain different provisions for sick benefits to resident brothers from those required in the case of absent brothers, the term “resident” is not to be construed in reference merely to the legal residence of a member, but is simply intended to designate one who, at the time of his claiming benefits, is within the jurisdiction of the tribe of which he is a member, and an absent brother is one who happens to be at the time permanently or temporarily without the jurisdiction; and one who becomes insane, and is removed from without the jurisdiction of the tribe to .an insane asylum, becomes an “absent” brother within the intent and meaning of the by-laws, notwithstanding his legal status as a resident is unaffected.</p> <p>Id.—Effect of Insanity—Noncompliance with Provision.—The insanity of a member cannot exempt him from the necessity of complying with the by-laws for the recovery of sick benefits, where the act required is one that can be performed by others in his behalf, and where it appears that he had a guardian legally appointed, whose duty it was to look after his interests, and who was authorized to furnish the certificate required, the failure to furnish the certificate as required by the by-laws is fatal to a recovery.</p> <p>Id.—Estoppel—Appointment of Committee.—The fact that a special committee was appointed to interview the wife of the insane member,