Proceedings of the Grand Lodge of Illinois - University Library

Tuesday.
Nov.Te ll»"7. I' GRAND
LODGE OF ILLINOIS. 183
See case 88, page 70, Illinois Journal, 1895, ease 110, page 123, Illi-
nois Joiirnal 1895, case 140, page 169, Illinois Journal 1896, Sec. 7,
Article VII, Subordinate Lodge Constitution.
Does the evidence sustain the judgment of the Lodge? Section 3,
Article IV., Constitution, prescribes the duty of the Visiting Committee
and provides: "If a member of another Lodge be sick and apply to
this Lodge for relief, his case shall be referred to the Visiting Commit-
tee, as if he were a member of this Lodge, and if he be entitled to re-
ceive benefits from his own Lodge, this Lodge shall advance the suna
thus due him and forward an account of same to his Lodge without
delay."
Bro. Preston, holding a visiting card at the time, applied to or was
reported to Olive Lodge No. 98, and that Lodge allowed him benefits
as the law directs. (Sections 579 and 580, Illinois Code, Section 115,
White's Digest), and without delay, notified Bro. Preston's Lodge, as
provided by law. In this case there is no evidence even tending to
show that Bro. Preston applied for or received any benefits that he
was not entitled to. There is no evidence showing even the slightest
suspicion of deception, fraud or dishonesty on the part of Bro. Preston,
In fact, the evidence shows that in this entire controversy, Bro.
Preston has acted frank, fair and honest. Has never covered up or tried
to evade anything. Neither is there one word of evidence in the case
tending to refiect on the professional standing and character of any
phjsiciau who gave Bro. Preston a certificate. The fact that a brother
accepts benefits which he believed to be due him and which was
allowed by a Lodge, does not constitute fraud. Frequently controversy
arises between a I-odge and its members as to benefits. We cannot
say that in such cases the brother claiming the benefits will be guilty
of dishonesty and fraud for contending for what he honestly thought
was his right. Something more is necessary to make out so grave a
charge as the one made against Bro. Preston. In other words, it would
be necessary to show that the brother knew he was not entitled to
benefits, or that he had knowingly misrepresented his condition, and
the Lodge had paid the benefits, relying on such false and fraudulent
representations. Case 126, page 135, lUinods Journal, 1896.
The entire evidence in this case goes to show that Bro. Preston
had for some time been in a bad physical condition. Section 8, Article
X., Constitution, provides for the payment of "weekly" benefits, etc.
All benefits should be paid eveiy week and not allowed to run for
months. The law directs and intends benefits should be paid weekly.
Had Mt. Pleasant Lodge looked after Bro. Pi*eston as industriously
during his sickness and with as much energy as they have followed
the prosecution of this case, the situation might have been different.
A brother once on the sick list cannot be removed therefrom without
due notice and investigation. Section 546 B. Sup. Illinois Code. Case