Osceola Tribe, No. 11 v. Schmidt

Grason, J., delivered the opinion of the Court. This suit was instituted by August Schmidt, to recover sick benefits from the appellant, alleged to be a corporation under the laws of this State, of which he was a. member. The proof shows that he was sick for some time, and that the appellant refused to pay him the sum of three dollars a week, during his sickness, which he-alleged to be due him under its laws. ¹⁰⁵ The by-laws of the appellant, and the charter and constitution of the Grand Tribe of Maryland, were offered in evidence. The first Article of the former provides that it shall work under the jurisdiction of the Grand Tribe of Maryland.

The sixth Article provides that whenever a member has cause of complaint against his Tribe on questions which relate to his enjoyment of benefits, he must first apply to the Grand Tribe of Maryland, and if its decision does not satisfy him, apply to the Grand Tribe of the United States ; and if he neglects to pursue this course, and brings a suit in a tribunal outside the Order, he shall be subject to expulsion. The proof shows that Schmidt, after the appellant declined to pay him benefits, did apply to the Grand Tribe of Maryland, and after-wards from its decision appealed to the Grand Tribe of' the United States, which affirmed the decision of the Grand Tribe of Maryland. He afterwards brought this suit. These proceedings were specially pleaded and relied upon as a bar to this action, and are conclusive against the appellee’s right to recover.

It was decided in Vandyke’s Ga.se in the Supreme Court, of Pennsylvania, 3 Wharton, 312 , that where a beneficial society had decided under its by-laws, that a member was not entitled to benefits, the decision was conclusive upon him, and Chief Justice Gibson, who delivered the opinion of the Court, says: “Into the regularity of these proceedings, it is not permitted us to look. The sentence of the society, acting in a judicial capacity, and with .undoubted jurisdiction of the subject-matter, is not to be questioned collaterally, while it remains unreversed by superior authority.” He also says: “The society never consented to expose itself to the costs and vexation of an action for every weekly pittance that might be in arrear.” But the question has been set at rest in this State by the decision of this Court, in the case of Anacosta Tribe of Red Men vs. Murbach, 13 Md., 94 and 95. That also, was- ¹⁰⁶ a suit to recover benefits. The by-laws of that society provided that questions as to benefits should be decided by the Tribe, and the decision of the Tribe being against his right to receive them, he brought suit to recover them, and upon appeal, this Court said, “These are