BIRD, V. C.
Petition by Charles F. Ware against the Supreme Sitting of the Order of the Iron Hall to have local receivers pay over the money to the general receiver. Petition granted.
Law 2. § 1, of the Order of the Iron Hall, upon which the decree is based, provides that the reserve fund of local branches shall be the property of, and under the control of, the Supreme Sitting, at all times.
Howard Carrow, for petitioner.
Wm. J. Lewis, for respondent.
BIRD, V. C. The mutual benefit association known as the Supreme Sitting of the Order of the Iron Hall became organized by the adoption of the constitution and by-laws. The constitution provided for the creation of certain officers and a place of meeting for the transaction of the principal business of the association. Provision was also made for the creation of separate districts and local branches throught the entire country. Many of these were created in most, if not all, of the states of the Union. The payments to be made by the different individuals who became members, and other conditions of membership, were also very explicitly laid down. The place of meeting of the Supreme Sitting of the Order of the Iron Hall was decided upon in the constitution, or fundamental charter, to be at indianapolis, in the state of indiana. After this association had been organized, and had been doing business for a number of years, a receiver was appointed to wind up its affairs, upon the allegation that it had become insolvent. At the time of the appointment of this receiver, there were a large number of the "local branches," as they are termed, in New Jersey, having a membership of about 4,000. Soon after the appointment of the receiver in indiana, application was made to the court of chancery of New Jersey for the appointment of a receiver. A receiver was appointed, and ordered to collect and receive all the funds pertaining to such associations in the hands of the various local branches in this state. He has collected about $72,000, and will probably be in receipt of several hundred dollars more. A petition has been filed by one of the members of the association living in New Jersey, asking for an order upon the receiver to pay the moneys now in his hands, and which shall come to his hands, to the receiver in indiana. An order was made, directing the receiver to show cause why he should not be required to make payment accordingly. As many of the members of the local branches as could be reached within a reasonable time were notified of the time and place when the hearing would be had. Certain members have employed counsel on their own behalf to resist such order. They claim that it will be greatly to the benefit of the members in New Jersey for the court to order the receiver here to make distribution of the funds which he has, and which he shall receive, among the members of the various branches in this state. A very large number of other members, who are represented by counsel, urge the court to make the order prayed for.
Not only to judges, but to all ordinary businesscomply with the conditions of the association, and pay their shares of the funds contributed to the receiver in indiana, he will be fully justified in refusing to acknowledge their claim to any distribution of the funds which he otherwise has control of. It should be borne in mind that this application is not made by the receiver in indiana, but by a member of one of the branches in this state, and that he is supported by a very large proportion, and, so far as appears, by a large majority, of the members of the order in this state. The receiver in this state shoidd be regarded as auxiliary to the receiver in indiana. I think the views thus expressed are within the decisions of the courts pronounced in the cases of Taylor v. Association, 13 Fed. 495; Relfe v. Rundle, 103 U. S. 222; and Parsons v. Insurance Co., 31 Fed. 305, 307. I will advise an order directing the receiver in this state to account to the receiver in indiana for all the moneys which are now in, or which shall hereafter come to, his hands, less the costs, fees, and expenses which shall be allowed by this court, including the costs of this application.