the payment of the assessment and dues then due to the finance keeper of her hive. That is, if she is under suspension for more than 30 days, she must not only pay all dues and assessments, but furnish a certificate of good health to be approved by the great medical examiner, before she can become reinstated. That, if she is under suspension for more than 60 days, she must not only pay the assessments and dues, but pass a satisfactory medical examination to be approved by the great medical examiner before she can become reinstated.

"(4) That assessments 123, 124, 125, and 126 were duly levied, and notice given in accordance with the laws of defendant, and became due and payable from each member during the months of August, September, October, and November, 1910, respectively.

"(5) That on the last day of August, 1910, or near thereto, deceased, Julia Edgerly, called up the finance keeper of her hive in Lansing by telephone, being the person to whom the assessment should be paid, and informed her that she was not going to pay any more assessments but would drop out of the order.

"(6) That Julia Edgerly did not pay assessment 123 during the month of August, and under defendant's laws stood suspended September 1, 1910, from all rights and benefits of the order and she did not pay or offer to pay said assessment or any of the subsequent assessments until December 6, 1910.

"(7) That on December 6, 1910, Julia Edgerly was seriously and fatally ill, and could not furnish a certificate of good health, nor did she pass a medical examination, and died from the illness she was then suffering on December 8, 1910.

"(8) That on December 6, 1910, the daughter-inlaw of the deceased, in an effort to reinstate the deceased, called the finance keeper of the hive to which Julia Edgerly belonged, Mrs. Hodges, to the house of Julia Edgerly, and there signed the name of Julia Edgerly to an application for reinstatement, and paid the finance keeper of the local hive certain sums of money sufficient in amount to pay the back dues, assessments, and also an assessment for December, 1910, which money was furnished by Harry Edgerly, the plaintiff, but no certificate of good health was furnished.

"(9) That on the 8th day of December, 1910, the finance keeper again went to the home of Julia Edgerly, and informed the daughter-in-law that it would be necessary to have a certificate of good health of Julia Edgerly before she could become reinstated, and that she would have to forward the certificate to the great medical examiner for approval before any reinstatement could be had. That without any consultation with Julia Edgerly, who died a few hours thereafter, a certificate of health was drawn up showing she was then suffering from certain diseases, and signed by the daughter-in-law, but before the same was received at the headquarters said Julia Edgerly had deceased.

"(10) At neither of the visits of the finance keeper to the home of Julia Edgerly on the 6th or 8th days. of December, 1910, did she see the said Julia Edgerly or have any talk with her; the payments of the money and the signing of the papers being all done by the daughter-in-law.

"(11) That after the death of the said Julia Edgerly and the receipt of the money at headquarters $6.20 of the amount paid was returned to the said Harry Edgerly, who received the same, and has ever since retained it, and the balance paid by him was subsequently tendered to him and refused by him, all of which was done before the commencement of this suit.

"(12) Under defendant's laws governing the payment of assessments and reinstatements of suspended members Julia Edgerly could not become reinstated December 6, 1910, without furnishing a certificate of good health, which could not be furnished as she was not then in good health, and which she did not furnish. "(1212) The laws of defendant provide that said laws can only be amended in the following manner:

"'Sec. 29. Any proposition to amend these laws shall be submitted by a member of the order or a subordinate hive, to the great executive committee or may be proposed by said committee at least ninety days prior to the review of the great hive, and said proposition to amend shall be published in the official organ of the order in one issue thereof sixty days prior to the next review, provided the great hive by unanimous consent may consider any amendment submitted. The great record

keeper shall submit all such propositions to amend the laws of the order in her report. No amendment shall be adopted unless it receives a majority of the votes of the members present voting thereon. All amendments adopted shall go into effect sixty days after their adoption unless otherwise ordered by the great hive.'

"(13) Plaintiff's sole claim of right to reinstatement of Julia Edgerly on December 6, 1910, by the payment of the assessments without a certificate of good health, is based upon a dispensation issued by the great commander on July 6, 1910, which read as follows:

""OFFICE OF THE GREAT COMMANDER,

"ST. LOUIS, MICHIGAN, July 6, 1910. ""To Emma E. Bower, located at Port Huron, State of Michi

gan

"'"Ladies:

“'Under and by virtue of the authority given me in the laws of the L. O. T. M. M., and believing that the best interests of the order will be thereby subserved, I hereby issue to your hive the following dispensation:

"Allowing reinstatement without certificates of good health or re-examination for one hundred and twenty (120) days from June 1, 1910. You will therefore be governed in accordance therewith and in relation thereto.

“‘Given under my hand and seal of the L. O. T. M. M., this 6th day of July, 1910.

"FRANCES E. BURNS, Great Commander. "'EMMA E. BOWER, Great Record Keeper.'

"(14) The only provision in defendant's laws in force July 6, 1910, authorizing the great commander to issue any dispensation, is section 41, Laws of 1908, which reads as follows:

""Sec. 41. The great commander shall preside at all reviews of the great hive, and enforce all the laws thereof; she shall have the general superintendence of the order, with the power to grant dispensation when the good of the order may require, except for the admission or retention of unqualified persons to membership. The application for a dispensation shall be made on the proper blank, officially signed and sealed, and accompanied by a fee of $1.00, said fee to be placed in the general fund of the order. Free dispensations may be granted by the great commander when the purpose is to complete the organ

ization of new hives and transfer members thereto, or when the necessity therefor was not the fault or neglect of the hive, officer, or member for whose benefit it is issued.'

"(15) The dispensation above referred to was filed in the office of the great record keeper. It was not sent to the hives nor to the members. The great record keeper after the receipt of the dispensation, sent notice to the record keepers of the subordinate hives, which reads as follows:

""OFFICIAL.

""OFFICE OF THE GREAT RECORD KEEPER,

""To the Membership:

66

""PORT HURON, MICH., July 20, 1910.

"The great commander has been requested by the great executive committee to issue a dispensation to allow members suspended over thirty days to reinstate without furnishing a certificate of health, to be in force from June 1st to January 1st, 1911. A member suspended June 1st, has under such dispensation until October 1st, to reinstate without a certificate of health or re-examination. A member suspended on July 1st, has until November 1st to reinstate. A member suspended August 1st, has until December 1st to reinstate. A member suspended September 1st, has until January 1, 1911, to reinstate.

[Signed] "EMMA E. BOWER,

""Great Record Keeper.'

"(16) On November 1, 1910, the great record keeper issued another dispensation in terms annulling the dispensation of July 6, 1910, and directed the great record keeper only to receive applications for reinstatement of members under suspension for more than 30 days by complying with the laws and furnishing a certificate of good health in addition to the payment of all assessments and dues. This was also filed in the office of the great record keeper.

"(17) Notice of this dispensation of November 1st was sent to the record keepers of the hives, but it appears the notice was not received by the record keeper of the Lansing hive.

"(18) Under defendant's laws, the local finance keeper has no power of reinstatement of suspended members, but can only accept their application and forward the same to the great record keeper.

"(19) There is no evidence in the case that the deceased, Julia Edgerly, knew of or in any manner re

lied upon the dispensation of July 6, 1910, in becoming suspended September 1, 1910, or remaining under suspension. That she had no correspondence with any of the officers of the defendant, or talked with them in regard to her membership. That she had no talk with the finance keeper of her hive about becoming reinstated after the last days of August, when she informed the finance keeper she would not pay any more assessments, but would drop out of the order. That during the month of September the deceased, Julia Edgerly, gave as a reason to her daughter-in-law for dropping out of the order that she was aggrieved at the amount defendant society had paid a short time prior thereto on settlement of a certificate held by her deceased daughter in defendant society. After the talk the last days of August over the phone above referred to, the deceased never thereafter informed the finance keeper that she desired to become reinstated, although both lived during the entire period in the city of Lansing.

"(20) There is no evidence in the case that the deceased was in any manner misled by the dispensation of July 6, 1910, in not paying her assessments within the time as required by the laws of the order.

"Defendant's counsel asks the court to amend a portion of the findings of fact contained in the opinion in the following particulars:

"(21) That part of the opinion which reads: 'On the part of the defendant order it is conceded,' and then follows: "That on July 1, 1910, the great commander, by virtue of the power vested in her by the constitution of the order, issued a dispensation,' for the reason that defendant has never conceded that the constitution of the order ever empowered the great commander to issue any such dispensation, but, on the contrary, has persistently insisted the great commander has no power by dispensation to change the contract between the members in their associated capacity, nor did she attempt to do so by the dispensation issued, but only authorized the great record keeper to accept application for reinstatement of members who might apply, without a certificate of good health

"(22) That part of the opinion which reads, 'pursuant to these instructions, the great record keeper