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Proceedings of the Grand Lodge of Illinois - University Library

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Nov'^fif^Jgs \ GRAND LODGE OF ILLINOIS. 105<br />

The claimant was afflicted with sciatic rheumatism. He was an insurance<br />

agent, engaged in soliciting business and malting collections.<br />

The duties <strong>of</strong> his vocation, which from <strong>the</strong> nature <strong>of</strong> <strong>the</strong> character <strong>of</strong><br />

insurance he was engaged in required a large amount <strong>of</strong> walking, he<br />

was unable to perform, and he employed o<strong>the</strong>rs to do <strong>the</strong> same for him<br />

during <strong>the</strong> three weeks <strong>of</strong> his sickness. At <strong>the</strong> expiration <strong>of</strong> <strong>the</strong> three<br />

weeks he reported himself as well. During <strong>the</strong> three weeks he took<br />

some out-door exercise, and being Noble <strong>Grand</strong> <strong>of</strong> his <strong>Lodge</strong>, attended<br />

one or more meetings.<br />

The Bro<strong>the</strong>r and <strong>the</strong> <strong>Lodge</strong> both are acting in good faith and wish<br />

this case decided upon its merits and <strong>the</strong> fact that <strong>the</strong> Bro<strong>the</strong>r was<br />

not notified that his name was dropped from <strong>the</strong> sick list is not relied<br />

on, as <strong>the</strong> Bro<strong>the</strong>r does not wish <strong>the</strong> benefits unless he is clearly entitled<br />

to <strong>the</strong>m, and <strong>the</strong> <strong>Lodge</strong> is willing to pay if <strong>the</strong> facts and <strong>the</strong> law requires<br />

it to do so.<br />

Much <strong>of</strong> <strong>the</strong> testimony against <strong>the</strong> claim is based on <strong>the</strong> declared<br />

understanding <strong>of</strong> <strong>the</strong> witness that a person is not entitled to benefits<br />

unless confined to bed or house. This is not <strong>the</strong> law, and a Bro<strong>the</strong>r is<br />

ra<strong>the</strong>r to be commended than o<strong>the</strong>rwise for doing what he deems will<br />

contribute to his cure.<br />

In a disease <strong>of</strong> this character <strong>the</strong> person afflicted is certainly <strong>the</strong><br />

best judge <strong>of</strong> his ability to perform labor, and in a case like this, where<br />

no suspicion <strong>of</strong> bad faith attaches to his testimony, should have great<br />

infiuence in <strong>the</strong> case, and as fhe action <strong>of</strong> <strong>the</strong> <strong>Lodge</strong> seems to be based<br />

on a misapprehension <strong>of</strong> <strong>the</strong> law, and as <strong>the</strong> weight <strong>of</strong> eviaence is with<br />

<strong>the</strong> claimant, <strong>the</strong> appeal is sustained and Sparta <strong>Lodge</strong>, No. 52, is hereby<br />

directed to pay to <strong>the</strong> appellant <strong>the</strong> one week's benefit in controversy.<br />

ALFRED ORENDORFF,<br />

R. W. S. WHEATLEY,<br />

HENRY PHILLIPS,<br />

C. B. SAMPSON,<br />

WM. SCHUCHERT,<br />

Committee<br />

CASE NO. 202.<br />

<strong>Grand</strong> View <strong>Lodge</strong>, No. 614 ) Before Committee on Judiciary and<br />

vs. y Appeals<br />

Edgar <strong>Lodge</strong>, No. 91. 1 February Session, 1898. •<br />

Opinion by Bro. R. W. S. Wheatley, <strong>of</strong> No. 232.<br />

This is an appeal from <strong>the</strong> action <strong>of</strong> <strong>the</strong> <strong>Grand</strong> Master.<br />

The facts show that in July, 1897, a member <strong>of</strong> <strong>Grand</strong> View <strong>Lodge</strong><br />

was taken bad sick at Paris, 111., within <strong>the</strong> jurisdiction <strong>of</strong> Edgar <strong>Lodge</strong>,<br />

No. 91, July 5th. Edgar <strong>Lodge</strong> wrote a letter to <strong>Grand</strong>view <strong>Lodge</strong>, informing<br />

said <strong>Lodge</strong> <strong>of</strong> <strong>the</strong> condition <strong>of</strong> <strong>the</strong> Bro<strong>the</strong>r and stating that it

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