67 Md. 117 | Md. | 1887
Lead Opinion
delivered the opinion of the Court.
This is another case growing out of the controversy between the minority and majority of the members of Jedidjah Lodge over the funds of the Lodge, the history of which is given in the case of District Grand Lodge vs. Jedidjah Lodge, 65 Md., 236. In stating the facts in that case we purposely abstained from any comment upon the conduct of either party, in the hope that our decision would put an end to the litigation, and that the breach would be healed by time and reflection, especially when the minority found that the fund was entirely safe, and would be devoted to the same general benevolent purposes for which it was raised, even if it remained in the hands of the Lodge. But in the present case, it becomes necessary to say, that we fully concur in the views expressed by the learned Judge of the Court below, “ that the severance between this Lodge and the G-eneral Order, which forms the basis of the equity invoked, must appear to have occurred otherwise than by the fault of the complainants, for it is quite apparent that the machinery of a Court of equity will not be set in active motion for the
But we do not choose to rest our decision of the case upon this ground alone. In the former case we said that the charter granted by the State to Jedidjali Lodge, was still in force, and that the Lodge had the right to hold the funds in controversy under the corporate powers conferred by that charter, which was entirely unaffected by the forfeiture of its conventional charter. We see no good reason for retracting these views, or for holding that they are not applicable in the present case, notwithstanding the very able and ingenious arguments by counsel for the appellants on this subject. The Act of 1852, ch. 231, made provision for the incorporation of any seven or more persons for beneficial or benevolent purposes, gave the corporate body, when so created, the usual powers of such corporations, including those of perpetual succession and of holding property, not exceeding at any one time, $50,000, with power also to change, alter or amend the articles and conditions of their association, and reserved to the General Assembly the power to alter, amend or annul the charter of any corporation formed thereunder. On the 16th of December, 1853, fourteen persons availed themselves of the privilege granted by this Act, and formed a corporation “for charitable purposes,” and claimed for themselves and their successors, the benefit of the Act and of any Act supplementary thereto. The corporate name they assumed, was “ The Jedidjah Lodge, No. T, of the Independent Order B’nai B’rith.” It is true, that when this corporation was formed, this Lodge .was a subordinate Lodge forming part of the General Order, and by several
But there is another view that maybe taken of the case, so far as the “Endowment Sinking Fund ” is concerned. In our opinion in the former case, we said that the endow.
Entertaining these views of the case, we must affirm the decree dismissing the bill.
Decree affirmed.
Concurrence Opinion
filed the following opinion:
I concur in the affirmance of the decree in this case. But I do not join in the censures which have been made in the opinion of the Court on the conduct of the complainants who filed the bill. They instituted this proceeding in the maintenance of their legal rights as they appeared to them at the time. This Court does not sustain their views; but I do not condemn them for bringing their cause before the proper tribunals for adjudication. They entertained certain opinions in respect to the matters in controversy, and they instituted proceedings in a legitimate manner for a proper decision of the questions involved. In stating their case, they doubtless presented it in the mode which they believed that a proper defence of their 'rights required. They had an unquestionable right to pursue this course. We have felt it our duty to decide the questions against them; but I do not think that their motives ought to be impeached.
(Filed 2nd June, 1887.)