Walsh v. Cosumnes Tribe, No. 14
Before: Fleet
Synopsis
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.
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.
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.
Id.—Estoppel—Appointment of Committee.—The fact that a special committee was appointed to interview the wife of the insane member, and to explain to her the law and status of her husband, upon a point raised by a member that his insanity was caused from his own fault by overindulgence in alcoholic beverages—it not appearing that the tribe by any vote adopted the view that on that ground he was not entitled to sick benefits, nor that the committee did not explain the law that he could not be allowed benefits without furnishing the certificate required by the by-laws—does not tend to estop the tribe from defending against a claim for sick benefits upon the ground that such certificate was not furnished.
Van Fleet, J. Action to recover sick benefits alleged to have accrued to plaintiff's intestate in his lifetime from defendant, and remaining unpaid at his death.
The by-laws of the defendant provided:
“ Sec. 3. No benefits shall be granted to sick resident brqthers for more than one week prior to application for same being received by this tribe or its officers, and only after a recommendation of at least a majority of the visiting and relief committee.
“ Sec. 4. An absent brother claiming benefits under this article must send to the sachem a true statement of Ms case, attested by the sachem under the seal of a tribe near the place where he may.be; if no tribe be near, then his case, complaint, and its cause shall be stated in writing by a regular physician, and attested by two respectable witnesses.”
The court found that when Walsh became a member [499]of the defendant order he resided in Sacramento county, and continued there to reside until his death. That on July 23, 1881, he was by the superior court of said county declared insane, and' was regularly committed to the asylum for the insane at Napa, where he remained until he died. That during all the years from July 23, 1881, up to his death on February 17,1893, he was sick and unable to attend to his business, and that the defendant did not during that time pay him any sick benefits. The court further found, however, “ that said J. M. Walsh, nor any one in his behalf, did not at any time send to the sachem of defendant a true or any statement of his case, attested by the sachem, under the seal of a tribe near said Napa, or any statement at all, nor did he in writing send to defendant any statement of a regular physician concerning his complaint or case at any time.”
From these facts the court concluded, as matter of law, “that plaintiff is not entitled to recover any sick benefits for the illness of the said J. M. Walsh during the time he was in the insane asylum at Napa, because he was an absent brother, within the meaning of section 4 of article V of the by-laws of defendant”; and upon this ground plaintiff’s right to recover benefits was denied.
' Appellant contends that the findings do not warrant the conclusion and judgment. The argument of appellant is that Walsh, having been a resident within the jurisdiction of the defendant tribe at the time he became insane, his commitment and removal to a public asylum did not aifect his legal status in this respect, and that, therefore, he continued to be a “ resident brother ” within the meaning of article 5 of the by-laws of defendant.
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