Franklin Beneficial Ass'n v. Commonwealth
Supreme Court of Pennsylvania
In error from the Common Pleas of Lancaster. The relator had become a member of the Franklin Beneficial Association, an incorporated society. One of the by-laws of the association provides that “ no soldier of a standing army, seaman, or mariner, shall he capable of admission; and any member who shall voluntarily enlist as a soldier, or enter on board any vessel as a seaman or mariner, shall thenceforth lose his membership.”
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In error from the Common Pleas of Lancaster. The relator had become a member of the Franklin Beneficial Association, an incorporated society. One of the by-laws of the association provides that “ no soldier of a standing army, seaman, or mariner, shall he capable of admission; and any member who shall voluntarily enlist as a soldier, or enter on board any vessel as a seaman or mariner, shall thenceforth lose his membership.” The plaintiff having been expelled from the corporation, applied for a mandamus to be restored. The defendants, in their answer, set forth the by-law above referred to,…
1Opinion of the Court
Gibson, O. J.
A society for mutual assistance in time of sickness or inability to labour, not caused by voluntary exposure of the person to extraordinary perils, is doubtless legal; and perhaps an exception of disability incurred by following the profession of a soldier or a sailor, is not forbidden by any principle of public policy. I see no room for objection to such a condition in articles of association, as it would leave the maintenance of the worn-out soldier to the government bound to provide for him, and not to private citizens associated for other purposes than pensioning soldiers. As…
2Cited by3 opinions
- Falsetti v. Local Union No. 2026, United Mine Workers of AmericaSupreme Court of Pennsylvania · 1960
- Commonwealth v. Union LeagueSupreme Court of Pennsylvania · 1890
- McDowell v. WilsonSupreme Court of Pennsylvania · 1916