George Sutherland

“ The court below held that, under chapter 47, General Laws of Nebraska 1897, the action of the Supreme Lodge in undertaking to increase rates was without effect because the association did not have a 'representative form of government.' And this makes it necessary to inquire whether that act is fairly susceptible of the construction adopted by the state court. Generally this court accepts the construction of a local statute approved by the state court of last resort, but the rule does not apply where this is fanciful and amounts to a mere subterfuge. ”

“ Any association having a supreme governing or legislative body and subordinate lodges or branches by whatever name known, into which members shall be elected, initiated and admitted in accordance with its constitution, laws, rules, regulations, and prescribed ritualistic ceremonies, which subordinate lodges or branches shall be required by such association to hold regular or stated meetings at least once in each month, shall be deemed to be operating under the lodge system. ”

“ There is nothing in the act which excludes an association with a government like that of plaintiff in error. It does not undertake to invalidate contracts of such companies after licenses have been issued to them. Nor do I find that the laws of the state inhibited the auditor from licensing an association with a nonrepresentative form of government. ”