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Show MONDAY, JUNE 17, 1907. DAILY UTAH STATE JOURNAL, of the grand receiver of said grand lodge (there being when tbe order or warrant waa drawn more than $2,000 to such fund which at that time had not been otherwise appropriated, and the same being a part of the money now under control of tbe court). It le an established doctrine, says counsel for the said Laura A. Emery (Continued from Paco Three.) (quoting from Pomeroy on Equity Jurisprudence, section 1280, second the grand receiver of the said grand edition), that an equitable assignment lodge, with the beneficiary certificate' of a specific fund in the hands of a issued on the life of the aald Charlee third person creates an equitable propThe court has no E. Emery, and payment requested, and erty in such fund. re-- 1 of this doctrine, receiver soundness said the the of doubt thereupon grand fused to iay the same, or any part but fails to see its applicability to the thereof, and the aaid order or warrant, j facte stated, for there is hers no third toguther with the aald beneficiary cer-- ' party, and the order or warrant issued tiiicate, waa returned to the aald Laura by certain officers on other officers for A. Emery; that the aald grand re- - the amount of this policy of Insurance corder, on the 80th day of September,! or beneficiary certificate Is simply tbe ltlli, charged the beneficiary fund on method indulged in by the defendant hie hooka of account with the amount! grand lodge of paying Its obligations of aald order or warrant, $2,000; that ( used by It as a protection against mison the loth day of September, 18M, take or fraud, and if allowed to stand there waa In the handa of the grand would simply work a preference to one receiver of the aald grand lodge more' claimant which ought not to be tolerthan the aunt of 1,M belonging toj ated. the beueficiary fund of aaid grand j The transfer. If any, brought about lodge uot otherwise appropriated by by the issuance of this order or warthe aald defendant, and that aald fund j rant by certain officers on another offla now a part of the money In the icer of the same organisation le comtreasury of this court, deposited there- parable to the changing by an individin by tbe late receiver in this action. ual of hie money from one pocket to II. That on the 8th day of Novem- another, which would no more change ber, 1808, the plaintiff, the grand re- the rights of his creditors than ought ceiver of aald grand lodge, as the cus- this order or warrant the rights of the todian of the fund heretofore men- - resiectlve claimants to this fund. The order was issued, moreover, in tioned, brought this action against the aald grand lodge, the aald supreme violation of the laws of the defendant lodge and the beneficiarlee of the de- grand lodge, for the death claim had ceased members heretofore named. In not. at the time of its issuance, been order that the court might determine approved by the finance committee. It how it should be distributed among the is argued, to be sura, by counsel for various beneficiaries, and asked that the defendant, Laura A. Emery, that in the meantime a receiver be appointed the subsequent approval of the comto take charge of and preserve the' mittee was a ratification of the action same. of the grand lodge officers, but Its rati14. That a receiver waa thereupon apfication under the facts herein, even if pointed by the court, and subsequently, under certain circumstances ft might after having made his report, being giv- validate such action on the part of the en hiaeompensatlnn as receiver. Ilia at- officers, could amount to naught, betorneys allowed their fees, and after cause at the time of Its meeting all the having paid, under the order of the affairs of the grand lodge were in the court, certain debts contracted by the hands of a committee of five and the said grand lodge prior to his appoint- finance committee was functus officio. ment, waa discharged, and the fund Having arrived at the conclusion In hia hands ordered paid into the that the claim of Laura A. Emery is handa of the county treasurer, under not sul generis and did not amount to the statute In such cases mads and an assignment of the fund protanto, provided. the next proposition to consider is The prlncliial question, under this whether or not the beneficiaries should stale of facta is: How shall this be paid the amount stipulated in their money. In the handa of the county IMillcies of insurance or beneficiary certreaaurer, be divided among (ha vari- tificates In the order in which they acous clalmantsT crued, or whether all who are entitled It la contended at the very outset to share at all should share pro rata. that Laura A. Emery, as the beneIt Is argued In behalf of certain ficiary of Charles E. Emery, is In a claimants representing those members different position from the other bene- who died earlier in the last year of the ficiaries because of the Issuance to her existence of the defendant grand lodge of the warrant or order by the officers than the remainder, that they should of the defendant grand lodge hereto- be paid in full as far as the fund will fore set out In the statement of facta go and that the remainder of the claimand because of her acceptance of the ants should be left to their remedy, if same and Its presentation for payment any, against the supreme lodge. The to the grand receiver, on the ground proposition advanced la not that parthat such action on the part of said ticular assessments were made to pay grand lodge officers In issuing said particular policies. Indeed it la conwarrant or order constituted an as- ceded that they were not, but that the signment of the amount designated in grand lodge waa simply an agent of the order out of the funds In the hands the supreme lodge In issuing policies iimraui C0 ' j j . i Wlf m NEW MOftmv BEADY ISSUE or TIE CEIEM4TE9 of Insurance or beneficiary certificates, and there being no evidence that the supreme lodge is insolvent, there is no reason why the beneficiaries should not be paid out of the funds in the hands of the court In the same manner as if the officers of the grand lodge were disbursing the money, as provided by tbe laws of the order, for the defendant supreme lodge is presumably able to pay the entire amount of said polities of insurance or beneficiary certificates to all of these beneficiaries. If tbe premises were sound the conclusion might follow, but it seems to the court that while the relationship of the defendant grand lodge to the de- fendant supreme lodge is somewhat In-- 1 definite and in some aspects might be comparable to that of agent and principal, except as to their government., etc., that so far as their business af- -: fairs are concerned they occupy rather the position of principal and surety. The defendant grand lodge, so far as the Issuance of policies of Insurance or beneficiary certificates Is concerned and the collection and disbursement of money to pay losses arising therefrom. was entirely independent of the su- -: prams lodge, and the Utter was notj primarily Uable therefor. It U onlyde--in: the event of a deficiency that the fendant supreme lodge could be called upon to protect the policies of tnsur- ance or beneficiary certificates issue i by the defendant grand lodge and that is because of its guaranty of them in Its constitution and Uwa (Taking thU view of the matter, there Is no doubt but that the funds in tbe bands of the court should be distributed pro rata among tbs beneficiaries, for such would be the procedure in any case of Insolvency, and supreme lodge beneficiary jurisdiction. If the defendant supreme lodge is not It seems to the court; from all the the principal agent grand lodge but facta and circumstances in the case, only a surety, there would be no ques- which have been elaborately set out tion of the defendant grand lodge's In the statement and need not be reInsolvency during all the periods of hearsed here, that it should determine time Involved herein, for at no time upon the latter date as that upon could it pay its death losses and thus which the status of claimants to this meet its obligations. fund became fixed. It Is true that Assuming the defendant grand lodge on September 29th the defendant grand to have been Insolvent at the time lodge resolved to merge in the supremo the order or warrant waa Issued to lodge, but it necessarily required some Laura A. Emery, an additional reason time to carry that resolution Into efIs presented for Its being disregarded, fect The committee of rive was therebecause the grand recorder and the fore appointed to take the necessary grand master workman had no legal steps to effectuate the merger and all unIt Issue to all. It at being right of the affaire of the defendant lawful for an insolvent concern to make lodge being entrusted to that grand compreferences and of course the finance mittee. It had no authority to and did committee could not by its ratification fix November 1st as the last day of tbs validate an act which was unlawful. said grand lodge's existence. It is Conceding, then, that the fund to true that the said grand lodge issued to be distributed pra rata among ail no more policies of Insurance or benethe beneficiaries entitled to It, the ficiary certificates, still It did continue only question left, as to the distribution Its business by collecting assessments of the fund, Is to determine the date upon those already issued. It is true upon which said beneficiaries of de- also that the defendant supreme lodge ceased members ceased to have any accepted the terms of the merger on claim upon 11 October 10th, but It ratified the action Certain counsel fix October first as of the defendant grand lodge in colthe date, on the ground that It waa lecting the October assessments and of on that day that the merger the fixed November 1st as tbe date on begrand lodge into the supreme lodge which members must elect to Join the came effective, while others contend supreme lodge or lose their memberas November date the for let being ship. upon which the grand lodge went out It would be Inequitable, Indeed, to of existence and members were put e the option of discontinuing their mem- hold that those members who died durbership altogether or else joining the ing the month of October should nut MID SALE The one great opportunity at the right time Tremendous sale' of the most worthy dry goods, its actual to be found in any city, at. one-ha- lf This sale is throughout the market price. store in every department, tremendous bargains. j ; ; j SALE NOW ON , i j j S. J. BURT & BROS j j that this fund which is participate In this fund, to which they were forced to contribute or else lose their standing, for they could not Join the supreme lodge beneficiary jurisdiction until November. "TtIs 'contended tn behalf of the beneficiary of Matthew Mathlson that she is entitled to a share of the fund, although the said Mathlson died long after November 1st. but obviously such a contention cannot prevail because on November let he had an opportunity to continue hia membership, and make his policy of Insurance or oeneficiary certificate good, but he failed to grasp it. and not having dons so, his insurance lapsed and hia wife Is not entitled to share in this fund. The result Is that all of the beneficiaries of the members heretofore enumerated must share squally with one another, to the amount to which they are entitled, except the beneficiary of Matthew Mathlson. There only remains to consider the motion of the attorneys for the plaintiff, Messrs. Msginnls A Corn and John E. Bagley, Esq., for an allowance of fees. fSOO as attorneys In passing upon this motion, the court must bear In mind, first, that It has already allowed these same counsel the sum of 1400 attorneys fees while acting for the receiver appointed by the court, In which capacity the greater portion of their legal services were rendered. The court must secondly take Into consideration the fact in ihe handi of its officers belongs to the widow, and orphans of members or a beneficial organisation and should oa that account be most sealoualy guard, ed. The court therefore rise u amount to which Messrs. Magnuii 4 Corn and John E. Bagley, Esq., M entitled as attorneys for the plaintiff b the sum of $100. The court, by way of explanation tf the reduction in the amount asked for, and which was testified lo by other members of the bar, namely, T. D. Johnson, Esq., and A. a. Horn, El as reasonable, deems it proper to ay that the court does not value the services of the distinguished counsel for the plaintiff In this case any less than they themselves value them and the other members of the bar appreciate them. The court feels, however, that in fixing the charges to w hich they believe themselves entitled counsel con- sidered that 8 800 would be as small a sum as comported with the dignity of their professional standing in a case Involving so large a sum of money. They did not feel that it was within their province, on account of the fact that the fund which they protected belonged to widows and orphans and therefore had certain tieemosynary features connected with it, to main any reduction from the amount to which they would be entitled in an or- -' (Continued on Fage Eight.) Paine db Hurst Alteration Sale e MCCALL (Saparior Is sod PATTERNS SqrW, fit sad Simplicity) fASHION PUBLICATIONS CALL AT OUR PATTERN COUNTER AND INSPECT THE VENT LATENT DEOIONH. McCall FiakkM Sheets FREE Buy a 15c Pattern and wo will have the McCall Magasine sent to you far one year for 25o. Thin morning at nine o'clock wo started a great Alteration Hale. It is our piirjHTxe to keep up with the program of the to time". We are putting a new front in the store in order better display the splendid line of good carried. This sale id not the ordinary kind. Thin sale will include every article in the stock, It will not tuke place again in two day. d in many pattern and spool cotton excepted. As the Reason has been more than liackward, we find our shelves We of choice liest wish limn of merchandise is offered ; the liest that good judgto emphasize that nothing lint the good. ment and money can buy. In the fact of the advancing market this reduction conies as a double saving to Howstore. We want you ever, we do not lielieve in carrying over goods. Style changes we want to lie known as an to feel assured that goods from this store will prove satisfactory. Now is the time to supply your every want in dry goods ' at a great saving. , up-to-da- Attention 36 and 38 A nice assortment of little dnMMcs can lie had cheaiier than you can possibly make them. Many of you will remember with pleasure the Spring Hale of Hample Waists ! We have more good news for you. During the last storm a large shipment got wet in transit. The express company gave us a liberal claim for their carelessness many are very, very slightly damage! and a little pressing will make as good as new. Waists start'at 25c each. Long aud short, from the cheap 25c ones up to the $5.00 silk ones. We nrge you to look and see what nice things you can buy now during this great sale. t Spring Jackets AND Silk Etons at Half Price Over 100 to choose from including blacks, cies and coverts. fan- The new spring styles. 9 7.50 Wraps $ 9.00 Wraps ....$3.75 $10.00 Wraps ....$5.00 ....$(.50 $12.50 Wraps ....$G.25 Does this look good to you? USE Skirts Hundred of women in Ogden know our skirt line. Doubtless there an some who do not. You are the ones we are after. If you come once you will buy again. Getting you to look is the thing we an most, interested in. Every skirt i cheap now; one lot of beautiful $15.00 Skirts, now $9.50 One lot of $5.00 and $G.OO , Special paid getting pntty styles when you buy. Yon will find some very dainty things in our collection. A lot of 40 in. lrinted Linen De India, 22 now 17c A lot of 28 in. fast color Printed Dritish, 12Vc, now 71, c A lot of Mercerized Scotch Gingham, very good for little dresses and kilt, 25c yd., extra special 12i.c We never buy seconds or i 111 jht feet goods, under any condition at any c, price. 25 in. Tailor Suitings, reduced from $1.25 to. . . . 79e A grait assortment 3G in. Suiting, 55 and 60c to. 35c 49c $1.25 Illack Fancy Novelty Voile, $1.25 to 85c Foulards, Polka Dots and Neat Patterns... 59c 60c 27 in. Extra Good (Quality Jap Silk, now. ... 45c A lot of exclusive laist Patterns in Fancy Silk lower now. 5G Under wear r From the Forest 31 ills, which stand for merit, 40c, 50c, 75c, 90c and u $1.25, all reduced per cent. Essex 31 ills make, good goods a third more money. at popular prices, 12c, 15c, 18c, 25c and 30c all reduced ten per cent Skirts now $2.95 CENTS Dress Goods and Silks fif-te- Corsets, the G. D. Justrite, none better, $1.75 kind $1.25 SAMPLE HANDKERCHIEFS 9c, 12c, 23c and 45c. Worth Gc, 4 i Summer Wash Goods Cheaper attention is t he to The Remnant Counter is just loaded with bargains TO WEAR 0U1 R)R BOYS GIRLS (sr. te Mothers PUT ON 9a'ul over-stocke- Sample Waists Sizes TO Scotts Host Ruffles, 45c, 69c and 85c Table Linen and Napkins. We carry the best grade that is on the market. The price are 50c to $2.00 ier ! Napkins From 60c to $6.00 per Dozen A saving of fifteen par cent is offered during this sale. An immense line of towels, all r duced in prit:cs for two weeks only. ..'pPgfVBSg |