73 P. 996 | Cal. | 1903
This action was to recover sick benefits alleged to be due P.J. Schou, who was a member of the defendant tribe and order. This appeal is from an order denying defendant's motion for a new trial.
The defendant is a subordinate tribe or lodge of the Improved Order of Redmen of California. It is subordinate to, and under the jurisdiction and control of, the great council of the state of California, and over the great council of the state of California, as the supreme head and source and origin of all legitimate authority, is the great council of the United States. The constitution and by-laws of defendant provide for weekly or sick benefits, when a member is disabled by sickness or accident from earning his livelihood, providing such sickness or disability did not originate from "intemperance or immoral conduct." It is further provided that "All laws, rules, and regulations providing for the granting of sick, funeral, and other benefits, or of any aid, relief, assistance, or wampum to any brother, widow, orphan, or other person are not intended, and shall not be construed to confer upon or secure to any brother, widow, or orphan, or *256 any person, any right to enforce the granting or payment of the same by a resort to the courts of law, but, on the contrary, all questions relative to the granting, payment, or refusal of the same appertain solely to the tribe, the great council and the authorities of the order, and their decision in the premises shall be binding and final upon all brothers, widows, orphans, and persons." Bringing suit in any of the civil courts of the state against the tribe for the redress of any grievance, the adjudication of which is provided for within the order is made an offense for which the member may be tried and punished by reprimand, fine, suspension, and expulsion. It is further provided that "should any person feel aggrieved at the action of a tribe for failing to pay benefits that may be claimed to be due, such person must appeal from such action by giving the tribe notice thereof within twenty suns after said action; whereupon the sachem shall without delay appoint a suitable member of the order as a commissioner to take such testimony as either party may offer in relation to the case."
Subsequent sections provide for the taking of testimony before this commissioner, in the presence of the party and counsel, and notice of the action of the tribe on the testimony and appeal by claimant from the tribe's action thereon, within "twenty suns" thereafter. This last-mentioned appeal is the one which it is contemplated shall be taken before the great council of the state, whose determination shall be final and conclusive until reversed upon appeal by the great council of the United States.
Schou was a member in good standing, and became insane on the fourth day of September, 1897, and remained in that condition up to the time the complaint was filed, December 1, 1898, and thereafter until his death a year later. His condition was immediately made known to his tribe, and on the sixteenth day of September the medicine-man reported that he was incapacitated. On the 23d of the same month, the sachem ruled that he was not entitled to sick benefits, the reason given being that Schou's insanity was due to the excessive use of alcoholic stimulants. No notice of this decision was given to Mrs. Schou or to any one on Schou's behalf. Mrs. Schou, it appears, kept in communication with the tribe during the following months and made a number of demands for information and redress. In the March following *257 she presented a communication from responsible business men, stating that they had known her husband intimately and that he was not addicted to drink, and asked for the appointment of a committee to investigate the case. In April, her attorneys, Messrs. Harris Hess, wrote to the defendant and requested information as to the plaintiff's position, but no attention was paid to their letter. In May, Mrs. Schou demanded the payment of benefits and received no reply. Thereafter she was informed by the tribe that "she would have to take the case before the great sachem." In response to this, her attorneys wrote to the great sachem asking him for information as to the proper procedure, and were by the great sachem informed simply that he had no jurisdiction in the matter. Finally, Mrs. Schou's attorneys gave the tribe notice of an appeal "to the great sachem and great council," and sent an appeal to the great council, but, so far as she or her attorneys were advised, neither the tribe nor the great council paid any attention to these appeals. No commissioner was appointed to take evidence, no "ten suns" notice, nor any notice at all, was given, nor was Schou, nor Mrs. Schou upon his behalf, ever allowed to present any evidence. In this condition of affairs, not knowing whether or not she was to be allowed to prosecute her appeal, or if it would be entertained by the great council of the state, and having had no opportunity at all to present her evidence as to Schou's right to the sick benefits, and Schou being still insane, she, in his name, as guardian of his person and estate, prosecuted this action, and upon his subsequent death — she having been appointed administratrix of his estate — was substituted as plaintiff herein.
It is the general rule that one who has become a member of a benevolent order such as this is entitled to appeal to the courts for redress only after adopting the procedure and exhausting the remedies prescribed by the constitution and by-laws of the order, — provided, of course, these regulations and by-laws are not violative of the law. The decisions upon this point are numerous and uniform. From our own state it is sufficient to cite Levy v.Magnolia Lodge,
In thus disposing of the jurisdictional question little remains to be added. Upon the merits of the controversy, the question, namely, whether Schou had forfeited his right to sick benefits by intemperance, the court, sitting as a jury, upon conflicting evidence, found in favor of plaintiff, and that finding is here conclusive.
The order appealed from is therefore affirmed.
McFarland, J., and Lorigan, J., concurred.