[DOWNLOAD] "Cowen v. Valley Nat. Bank" by Arizona Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: Cowen v. Valley Nat. Bank
• Author : Arizona Supreme Court
• Release Date : January 24, 1948
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

This case is before the court on certiorari from the Industrial Commission to review an award denying compensation under the Workmens Compensation Act for the death on April 21, 1949, of Oran L. Bentley and Farley H. Hennessy and the serious injury of Thomas M. Collins. The facts which are not seriously in controversy, and out of which this proceeding arose, may be stated as follows: Fraternal Order of Eagles, Aerie No. 2407, hereafter called the Aerie, is a fraternal organization existing under Ch. 61, Art. 9, A.C.A.1939. It is a subordinate lodge of the Grand Aerie F.O.E. and subject to its own constitution and the constitution, rules and regulations of the Grand Aerie. Almost from its organization in 1944 the local Aerie has been in such difficulties as to require the frequent intervention of the Grand Aerie. In May, 1948, the chief auditor of that body directed Ralph Bentley to take charge of the Aerie under Art. 52, Sec. 19 of its constitution, which reads as follows: "Section 19. Emergency Administration. Whenever in the opinion of the Grand Worthy President and the Board of Grand Trustees any Subordinate Aerie, or any of its officers, shall for any reason fail to function under the lawful procedure provided by our laws, the Grand Worthy President on approval of the Board of Grand Trustees is authorized to remove any or all of its officers and to direct the Chief Auditor to assign a representative of the Grand Aerie to take full charge of such Aeries affairs until a full complement of officers shall have been appointed or elected under the direction of the Chief Auditor. Such Aerie and officers shall be under the direction of the Grand Aerie representative until the Chief Auditor is assured that such Subordinate Aerie will faithfully and properly conduct its affairs in accordance with all required and ordained procedure of the Order." (Emphasis supplied.) At that time Oran Bentley was secretary of the Aerie and manager of its buffet and he remained as such, being advised by Ralph Bentley, until March 22, 1949, when the secretary wrote the chief auditor asking for further assistance. The chief auditor appointed W. J. Fitzgerald for this purpose. The latter, after a discussion of conditions with Oran Bentley and James Day, president of the local Aerie, addressed a lengthy letter, accompanied by Bentleys written resignation, to the local Aerie under date of April 12, 1949. This letter, which recited the past difficulties of the local, read in part as follows:

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