Anacosta Tribe, No. 12 v. Murbach

Tuck, J., delivered the opinion of this court. This record shows that the appellant, was incorporated under the act of 1852, ch. 231, and is subject to the jurisdiction of the Grand Council of Improved Order of Eed Men; that the appellee became a member of the Tribe in October 1849, and so continued until July 1854, having paid his dues, when he was reported as sick and claimed benefits under a by-law, which the Tribe refused to allow; and that he was sick during the time for which he claimed the benefits. This was in substance the case made by the plaintiff below, on which state of facts he sought to recover his weekly allowance during his sickness. The defendant below read in evidence portions of the general laws, for the government of the Tribe under the jurisdiction of the Grand Council.

The first section of the 19th article provides, that members may receive benefits according to the by-laws, but should the sickness of the applicant be “supposed to have originated from immoral conduct or usages unbecoming an Improved Eed Man, it shall be withheld until decided by the Tribe.” Article 22nd provides for suspension or expulsion, as the Tribe may determine, in the cases specified, and also imposes finds in certain cases. The other regulations offered in evidence, relate to the course of proceedings for the trial of members, and authorize an appeal to the Grand ⁹⁴ Council, “whose decision shall be final.” The' defendant also proved, that proceedings were had upon certain charges made against the plaintiff, which resulted in his expulsion, and, on appeal to the Grand Council, thesentence was affirmed. The verdict and judgment were for the plaintiff, the court having refused the defendant’s prayers, to the effect that (he plaintiff was concluded by the' action of the Tribe and Grand Council. The counsel having waived all objection to the frame of the prayers, and to the admissibility of the evidence, the only point before us relates to the jurisdiction of the court of Common Pleas, where the cause was tried.

Apart from the common law right .of private corporations to manage their own affairs, and to control their members by bylaws, the power is expressly given by the act of 1852, ch. 231, “subject however to the Constitution and laws of the United States and of the State,