Show JUDGE WELL HOWELL DECIDES ANCIENT I ORDER UNITED CASE Perplexing Litigation Has Involved Thousands of Policyholders and Their Surviving Heirs In Utah Wyoming an and Idaho A B COURT GOURT DIVIDES FUND REMAINING IN TREASURY i Attorneys Attorneys' Claims for r or Fees F ces Scaled Down III In Passing Upon the Complicated Affairs of the thc Insolvent Fraternal 1 i i Insurance In sura 11 c e Concern Con cern I I J Os en June JUlie 1 17 i. Judge J. J A. A Howell cc- cc y of oC the lie Second District court this ibis morn morn- mornIng t IllS Ing handed down a i most mu t l I 1 decision I s I on affecting iho tho Ancient OHel of or United Workmen ln In in fact one of c tho lie most important that has bus ever CI come K l from f from that bench fie Tue decision involves in- in t und and concerns nol hot only III In Utah but Wyoming anti and um Idaho I aho as asa D I a well II I It t will J I be he reca recalled lied that the gru grand r. r lodge c of oC the jurisdiction including m. m kL these three states tnt failed on account of or Its Inability to pay nty JUl the thc tan death claims and the thc grand Ian receiver recci-er I f took tool te matter Into the courts r I through a l friendly suit against two of F. F the time beneficiaries to find some sOllie legal Ic al manner In iii which s im Ich lo tu d divide tim th the e remaining remain n- n lug ing funds among tho thu e entitled to a share The list first Cil t difficulty over o th the question of a division l of the monc came caine when several eral wl widows wives wl o or of former formel policy holders holder sued for fOI or thol fun funds s Twenty reimt thousand thou dollars wa was vas placed In the the vault ault of tho time First National Na Na- n- n bank bUill awaiting tho time action o u othe of the court tel After a careful review r of the tIme case Judge Ju gc comes cumes to the following decision decision- J- J Ill I District Court of or time the Second Ju Jim al District of or thu Stale Stair of or h Iii III for or r County Will ilm Jam vs S rot Marge ElI Ed- et 11 mi 11 I. I p Defendants n I 8 Krank J k kd kt Crockr rl k t I. I nl 1 OJ i Ja 1 Uli d Vi td mc lO s W 1 l c x u. u lp r. r ind n 1 l t l. l In U ou U the Supreme l OC of the lime Ancient nt Order of United W o 01 existed in Iii time the t lilted States of America AlOe Amer tell ica an and Canada as a voluntary vo fraternal beneficial association O operating ope within with ill said territory I that but In tim the the- year ISS' ISS 01 ot prior lulor thereto to the time said supreme ull mc lod lodge c S v Ir organized and amid established time grand lodge of time the Ancient Order of United 3 3 Workmen of Nevada uda whose e- e ju included all aU th the lion tiomi extended e to tu and tr territory within what Is now time the states state V of Nevada Nc Utah Ulah Montana i an and Idaho with authority to O ate an anil establish subordinate HU ol lodges within it Hs If Jurisdiction and to 10 Issue to lO members o of certificates o or 01 su subordinate ol lod lodges eg policies of Insurance in the time sums re respectively IC- IC of ut thousand or 01 two eh June 1 thousand dollars payable paya l at nt time the death r 1 L of uC the lie Insured tl to a designated deig- deig t 91 II by Imy him that thai on 01 or about alNut the 1st i do day of January l by authority of or said lodge e. e the time states stales of Utah I p Wyoming und Idaho l aho were segregated i t from time the tei territory theretofore within time the Jurisdiction jurl of lIf the time said grand lodge e Ancient Order of United Work Work- f I of time the e inen of Nevada Nc a all and reorganized under r tins time name and amI the Jurisdiction of l the time grand lo lodge c of or the hc Ancient Order of United Workmen of Utah W Wyoming and amid J Idaho aho all and amid all aU subordinate lodges of said order existing within said uld slates of or ic Ulah Utah Wyoming und anti Idaho thereby became be be- since have havo been subordinate came me and an ever e lodges Cs of till lime defendant grand ht lodge iode e and an till all or ur policies of In Insurance theretofore of the lie Ancient Oriler Order Or Or- r by Imy the grand lodge e der iler of ff United of o Ne Nevada a lo to member of the time subordinate lodges es in said ml status states of ur Utah Wyoming an arid and Idaho Idaho Ida IlIa- ho and amid then III In force foce were wen continued In i force with like effect ns os a If Issued by b A thu the grand lodge of the time Ancient Order Ordel of United Workmen of tuh Wyoming an und amid Idaho lh r C e Were Vere lre Second That t tIme the defendant t r grand ra in Interest Us Its tl predecessor i 1 lodge ludge or Order Ancient of or time Ij tho the grand lodge p nf if United of Nevada prior to t It WiG lOC JG Issued of December tho the tIL th JIl lay day eCI ce ceS of ur insurance or policies i- i of or the time following lives S. S the time t upon U since IlIce deceased members mem mem- i named persons of oC the time subordinate lo lodges within p hers bers I Idaho the time states of Ulah Utah Wyoming nn and to wit It Charles C. C Emery who wIni died le January I I I fj Jl U 8 who wl died on j William l T T. 4 hI JO l C 1 lied died on un who ho t 3 Philip Phil III II II- 1 1 N ln a y 7 7 itlO MM 1 who died tiled ui 1111 April C. C i Juhn died on Mil May 8 s. S l u Mr who 1 J 1 I N N. Scull Scott who died on May luy 10 1 Morris Mon i H. H C. C 1 on un Juno June C. C G who V. W J Mor all 1 1 who II died on un June J 1 j Jutie UM Oh i Frank who ho died tiled on un July I tell 11 11 1 oG ilay II 11 r K i g P. P Maxim who vimo vl o tIled on I wiio who died lel on April Cavanaugh cu ri-k ri VIZ 1 tiled died on fill J June U 00 23 who Vicars feats J a V who Iu Hell died on vim July 1 I I. I Johll n n- U 14 died on ott who T Cur Curb Colby her 8 8 1 who hiu died on ott Sep Sep- GillesPie George V. V H. H 19 1 tile ulI ott N. N It ls Da 1 Oil Louis jJ I J died o oil Nels Nehl Ol II 11 11 iu un on 1 r b tier willi hio hid Ui-d Johll Join I 11 I. I Clarh CharI II I. I I ODonnell who on Oe OC 11 tobt r 12 who died on Ocio Octo 1 bar bel i 1 who dle died on October Oc William H. H flitt tuber tober 3 wOG Arthur Smith who ho died le on out OC October U CI JS I Io I Matthew who lied died on January Jan Jati- Jail Jail-I I nary uary 21 21 l n That Third That II notice I lice proof of death of or each of suld saId deceased J pardons w s made ml anti and tiled Shied with the time grand gram I of the lime defendant derel allt grand mn lodge e In tIme the order or or- tIer der el as time the names are arc above c enumerated aled with wih the Hie exception of oC the thu notice an and proof of death ath of ur Arthur Ihm Smith and amid Matthew datt hew Mathison That Thai all al of said Saih sll I proofs of ur death coth so led tiled except that thai of ur W. W JI 11 J Han ell were en endorsed olse approved by b tin tin- tl finance committee of or thc thic suld Hll defendant grand lodge o e on un October cr 31 a 1500 1 and said endorsement authorized r u t to 10 T Mie he bemi beneficiaries Hune named h hHie In iii Inthe the lie certificates Issued Issue to tu said deceased decea e em m members except to lu time the beneficiaries es of or William Wilam T. T l Edwards Edvards whose datum claim caim was wa allowed nowell and to be c paid pal III In Inthe the time sum of or and amid of ur James W. W Pitts whose claim dalm was allowed ani authorized c to be ue paid pall In iii II the time sum of ur urI I S G and amid li of or Morgan E. E I James Jame whose was allowed and amid authorized to bo tie o I paid In II the time sum Un of mind of N N. n. n I Ja I avI whose claim was Yas aJo etl ed and I 1 to be bc pal paid In II the time sum um 0 of or I 10 and of William 1111 McGregor hose chose rhose clu was allowed 1 ulo el und m author author- m. m J ed to lo be he paid hi In time the sum suni um of or Ch Cht Xu oC Ittu FUl th Ja t J notice of or proof of ru t all of nf j salt d Jd Arthur athur Smith lh WOM mace t J h mun t nf l i t oti oi o q c l j r il V Q lOr um- um ul I Iy 5 1 lh rl h I I o 1 R itt itt- L- L i hn l ti In JuN 1 II y o udo rt re- re 1 best t saUl said hl oran recorder cr for CUt or I Ion on which to tu finite of ur death but ul none We were furnished nn and no Ii IU proof of or oreath death eath of said taid Matthew was ever o made malc or oi tiled with wih said grand n re 11 mOe- mOe corder Thai fur for the time purpose of Ir payIng pay pay- lJ- lJ Ing II the time death losses hJ SC upon tIme Iho policies of Insurance or issued b by It I it Lime said Raid defendant grand gran lodge o levied monthly assessments on Ott Ol till all 01 Its Il living members up tip I to lu and ami ant In Including imi- imi 11 eluding dulling the month of uC October 1 I which assessments usia were in addition lo to of all the time Iho timo monthly dues lIue collected al members b by all nn the thc subordinate lodges and amid all such assessments amid ami dues were wore It paid haul II b by the time members heretofore name named Seventh That the time salt said sall defendant t supreme su su- irenic preme lodge U by Its Is lu laws Wg and ur organization Iza- Iza tion guaranteed the payment of all ni policies of ff if Insurance or beneficiary certificates issued by the time said sall grul grand lodge fur for the time full fu payment timid and became surety of ot all nJ such obligations Eighth 1 That on un time the Ih day lIay of o Sep CJ- CJ ember tile the said ml grand lute lodge being unable tumble to ll pay TUY its Is death losses fro from rout I the time n assessments belll being mall madi I Ib b by It I it and time the supreme lodge od e ha having refused In any longer to tu conic come to II Us its relief re re- re- re lief liet as tl 11 It I had done domme prior thereto anti and the following fyi fol make mua up 11 the Hie deficiency passe passed lowing resolutions Resolved That it is the sense of or this Ihl loll lodge that we merge Inlo time the beneficiary ju- ju supreme lodge l gc separate That a u committee of ur lve live hive I Ito to be c appointed ted I by the time grand workman be Ie Instructed and authorized to 10 draft mf the time necessary resolutions an and execute the time documents tl to merge the tue membership of this gran granlo grand lo lodge gc into Inlo the Lime supreme loi lodge c separate beneficiary Jurisdiction Being nell one of the time departments timid and a n part of the time organization or ur- the supreme lodge c Ju t Unit Quit tul That Ninth Ninth That thenceforth said sll glan amid giand ceased to lo Issue an any Insurance certificates or policies or UI levy any other assessments except theone the thc one of o October 1 I. 1000 UiG 1 i but the time saLt said committee com coin CUI- CUI of live five which had laid been dul duly appointed appointed ap ap- pointed by the time grand gran master made ami ammil alli Issued Issue an al address IJ lo tu the time members of the sal said grand grall lodge which after anel reciting the tue transactions of the time special meeLI meeting of ur the grand lodge hel held September t. t li and amid heretofore referred to 10 OI and amid after explaining time the tie methods t by u which time th members of the time said grand Il lodge c could coul retain their it In Insurance 11 by Iy b becoming members of tho the supreme lodge beneficiary Jurisdiction the time first payment to 10 the time said lodge e to tu be the tho November Io assessment ln und amid after culling calling upon the members to 10 pay Imy th their h assessments during the tue lle month of October OctO C to lo the Lime financiers of their local lodges lo to be he transmitted by b them Ilu lo to the grand lodge bilge e. e announced Unit that Arler After November XO 1 the time grand und timid subordinate lodges es go u out of existence deals directly with the time arid and the member wih lodge oll c Tenth That That lh thereafter under date ate of Octo October er I 1 I 1 J tho time supreme mallel mauler master workman v In behalf of OC time the lodge e Issued a statement to tu the thu members mem bers borM of ur Lime iho grand lodge of Utah Ulah Idaho and Wyoming which after aftem reciting the time of tho thu t iod lodge c nn and tie Limp grand gratt lodge o theretofore taken proceeds as follows Now No therefore I 1 Will VI M. M m 1 Nur Narvis supreme master workman of or time the su supreme su- su u- u preme lodge od o Order of United Workmen or Jen do u hereby declare that mill all ul member of tho thu Ancient Order of United Unit ed etl t Workmen In Iii good standing lug ing to lo 10 lodges under Lime control of or time grand lo lodges hodges gc Ancient Order of f United Workmen of Utah Ulah Wyoming and amid Idaho Ida Ida- ho ito on Oil October 1 I I. I J. J may fer thuir membership to time the tl 10 lodge t beneficiary Jurisdiction as Individuals by b milking making proper propel application upon upun time the blank and amid ant otherwise ou on 01 Page puo C cu i JUDGE HOWELL DECIDES ANCIENT ORDER UNITED WORKMEN CASE 1 j c Continued from trout Pace rajo o OncA I in I tilL comply with the laws Jaws rules bion blon and arid re regulations as to th the of oC m members as provided supreme by the tho lodge said Gl application n to b be bl i by tho certificate now p held b by the tite member and anti with such I amount l for an f assessment ent for tor the bene 4 clar clary fund for tor the month of Novem Noem a ber bel 1506 as paid by the member pro pro- vided Idell for under the enactments of the lodge A. A O. O U U. UV W V. in June with dues ues on a 1 pro 1 i two dollars rain basis o of per annum or cents cent for p Sackett the balance of the lie year car l 1003 j to M. M W Wj 1 Pa a. a supreme recorder PaIt It It Is Js also 30 declared that suspended members of or the tile jurisdiction of grand lod lodge e of Utah the ho lo Ancient Order of Wyoming and I Ida Ila- a- a United Workmen who on November 1 1006 havo been suspended ed for a ft period of or lc less s Ulan titan three months and who are arc under 55 5 years ears of oC a age e. e upon signing a certificate cate of z- z board boal good health as provided b by the of directors r. r upon payment of till ull ll assessments in default the tho pending assessment and the tue per capita tax or 01 dues crues as pro l provided e above e ana may be bo reinstated rein rein- r stated into the supreme lodge boneR benefi r clar ciary clary Jurisdiction upon the surrender of or the old certificate and nn payments as above bovo noted said health certificate to bo 10 obtained from i l tho supreme rc- rc corder t t The Tue as assessment e for 01 the month of Oc p tober according to these new rates will vill be fOIw forwarded to lo Craig Thorburn c gr grand Krand md recorder Ogden Utah who will win p. p dIsburse e the tite same samo upon th the claims as heretofore and reTort report rt to the the- supreme recorder all nil receipts and disbursements and ind make malie a u settlement nt with said L' L suL su su- su- su premo promo recorder on November I 1 S Mode Eleventh That TIit That tho the assessments so soI I levied b by the said grand lodge for Oct Octo ber bel or such flUch part thereof as as' as could oud be bo collected were collected b by the lodges es of ot the tue said defendant ant gran grand lodge Iode and In due course remitted to the said grand lodge lodle and pas passed ed Into tho the hands of or plaintiff as grand receiver er of said grand granel lo lodge s-e. s which with the reserve resel fund fund In the tho hands of said saih i. i plaintiff grand receiver applicable to It the payment t of or the tho claims of the ben ben- amounted ito ao to the sum of at tho tim date of the filing flung of complaint which fund so In the han hands R of or tho the said grand receiver was insufficient to a the tue I pay death claims against said defendant grand louge accrued prior to the filing oi of 01 plaintiffs plaintiff's complaint Twelfth That Twelfth That th the |