Subsidiary High Court of the Ancient Order of Foresters v. Pestarino

NOURSE, J., pro tem. The Corte Christoforo Colombo No. 8229, A. 0. F., was granted a charter by appellant in 1894, was organized and continued to act as such until July •1, 1916, when, by' unanimous vote of its members, it termi[713]nated its existence as a court of the Ancient Order of Foresters. It thereupon surrendered its charter and returned to appellant its books, regalia, and paraphernalia. The funds in its treasury were transferred to a corporation organized by members of the former court and designated “Corte Christoforo Colombo, No. 1, Universale Ordine dei Foresters.” This corporation, however, has no connection with the Ancient Order of Foresters, and its organization was not sanctioned by that order. Demand was made by appellant upon the officers and members of the disbanded court for the payment of these funds into the sick and funeral fund of the high court, and when this was not done the present action was commenced against the officers and members of the court number 8229 and the new corporation for an accounting and the recovery of the moneys found to be held by defendants. Judgment went for defendants, and plaintiff brings this appeal.

Appellant relies upon the provisions of article XVI, section 19, paragraph 5 of the constitution and by-laws of the order, which reads as follows: “No court shall voluntarily surrender its charter so long as nine members in good standing object to its surrender, nor shall the funds of said court ever be divided among its members, but on its dissolution all funds, books and other property shall be immediately delivered to the Permanent Secretary and applied to the High Court Sick and Funeral Fund.”

This section was in full force and effect for several years before the court disbanded, and all of the officers and members of the court had theretofore promised and agreed to abide by its terms. Respondents now seek to evade the penalty of the section on the claim that they did not dissolve, but merely disbanded, and, having unanimous consent, could dispose of the funds of the court as they saw fit.

There are only two questions involved on the appeal which require consideration. First, whether the court was dissolved within the meaning of this section of the by-laws; and, second, whether, if so dissolved, the high court is entitled to the funds remaining in the subsidiary court’s treasury.

[1] To dissolve means to disorganize, to break up, to separate. When applied to a fraternal order of this nature it means to surrender the charter, to disband. The section quoted prohibits the voluntary surrender of a charter so