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  • April 7, 1888
  • Page 5
  • MASONS APPEAL TO THE COURT OF COMMON PLEAS FOR THEIR RIGHTS.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Masons Appeal To The Court Of Common Pleas For Their Rights.

diction , and snch past Grand Masters and past Deputy Grand Masters as shall be present and are members of a subordinate Lodge . And the said Grand Lodge , so constituted , has , since the date of said act of incorporation hereinbefore referred to , elected succesiors of the persons named in said act as being then incorporated , and

at the annual meeting of the Grand Lodge of fche State of Ohio , held in the month of October , 1887 , the defendant herein , S . Stacker Williams , was elected Grand Master of the Grand Lodge of Ohio , and is now the head of said incorporation , and is exercising fche powers and duties conferred npon him by the said act . of

incorporation and the laws of the Grand Lodge of the State of Ohio . Said Grand Lodge of Ohio is the owner and possessed of property of the value of at least dollars ; that by Article 9 of the Constitution of said Grand Lodge , the defendant , as Grand Master thereof , " has the power at his discretion to assemble any subordinate

Lodge , and preside therein , inspect its work , and require a strict conformity to the rules and regulations of tho Order . For good cause he may suspend the functions of any such Lodge until the ensning stated Communication of the Grand Lodge . " And the said defendant is further exercising and has assumed to exercise

authority whioh is not conferred upon him , either by said act of incorporation , or by the said laws of the Grand Lodge of the State of Ohio , bnt has wrongfully and illegally usurped authority , and is exercising the same to the great injury and detriment of the Order of Freo and Accepted Masons in said State , including the said

Newark Lodge , No . 97 , and these plaintiffs . And the plaintiffs farther say that on the 4 th clay of November , 1887 , the said Newark Lodge , No . 97 , held an election for officers to serve for the ensuing year ; thafc said election was in all respects conducted according to the laws of the said Grand Lodge of tho

State of Ohio , and of said Newark Lodge , No . 97 , at which said election the plaintiff , John W . Hughes , was elected Senior Warden , and the said Edwin K . Braddock , was elected Junior Warden of said Newark Lodge , No . 97 ; that said plaintiffs were each and both of them eligible nnder said laws of the Grand Lodge of Ohio , and of

said Newark Lodge , No . 97 , to hold the offices for which they were so elected , there being no charges whatever against them pending , offered , or proposed to be offered , at the time of their said election , or subsequent thereto . That by virtue of their said election they were entitled to br installed into said offices , and to hold and exercise

the same for one year thereafter , which said right and title was conferred upon them by the laws of the Grand Lodge of Ohio , and of said Newark Lodge , No . 97 , hereinbefore referred to , and by virtue of the election aforsaid ; that Eule 1 of the " Code of Masonic jurisprudence for the government of the Lodges nnder the juris .

diction of the Grand Lodge of Ohio , revised October , 1882 , and still in force , Is as follows : " A subordinate Lodge shall consist of a Master , a Senior and Junior Warden , a Treasnrer , Secretary , Senior ancl Junior Deacon , a Tyler , and as many members as are convenient . The officers above numerated shall bo elected by ballot , by a majority

of votes , afc the stated meeting in November or December , annuall y , which shall be designated in their by-laws , and be installed into office at the Festival of St . John the Evangelist , or at the stated meeting next preceding or succeeding it . " That said Grand Loci ere of Ohio has held and decided , and such decision is still in full force

that " objections to the installation of an officer must , when made , be stated in open Lodge , whether in form of charges or otherwise , and be sustained by a vote of a majority of the members present otherwise tbe ceremonies of installation must proceed . " But , nor . withstanding the premises , the said defendant on the 2 nd day

of December , 1887 , which was the day for the regular meeting of said Newark Lodge , No . 97 , and was held for the purpose of installing tbe officers elected as hereinbefore stated , and the said Lodge waa read y , willing and desirous to so instal said officers , but the defend , ant , pretending to act as the Grand Master of the Grand Lodgo

of Ohio was present at the meeting of said Lodge , held nt that time hereinbefore stated , and assumed tho authority to preside thereat ; that while so presiding , the said defendant , pretendinc to act as said Grand Master and pretending to have authority therefor , nnder the laws of the Grand Lodge of the State of Ohio , declared

the election of the said John W . Hughes as Senior Warden , ancl Edwin E . Braddock as Junior Warden null and void , and of his own motion , and without any cause whatever , and without any authority of Jaw , unjustly and illegally , and by usurpation of authorit y whioh he did not have , and which had nofc been conferred upon him

hy the Grand Lodge of the State of Ohio , refused to instal said officers so elected as aforesaid , and refused to permit them to be installed , and ordered said Lodgo not to instal them to said offices , and directed and ordered that another election should be held

therefor . And for the reason aforesaid , tho said officers , so elected , were not installed , and have never been installed ; ancl tho said defendant is giving ont in speeches and declaring it to bo hia intenti on to prevent their installation by exercising the aufchoritv which ho has usurped as hereinbefore ntated . And he is further

giving out in speeches and declaring it to bo Lis intuition id" tho said Lod ge will nofc hold a new election , and elect officers in place of tho said plaintiffs who will be acceptable to him , the raid defendant that he will suspend the functions of the said Newark Lodge , No . 9 / ' until the next meeting of tire Grand Lodge of tho State of Ohio ' which

will be in the month of October , 1 S 3 S ; that tho said ' defendant has no authority to suspend the functions of . said Newark ¦ Lod ge , No . 97 , except for good cause , and the plaintiff ;* say that ho has no cause or authority for his threats so to do ; and tho said threat to so tuspund the function ' , of said Newark Lodge No 07

° as no foundation and no ground whatever except the usm-pai-ions and illegal acts of tho said defendant hereinbefore ) set out . And the said plaintiffs further' f ^ . y tha t by virtue of their said

olec"" , tney are permitted to bo installed into said offices to which ™* J have been so olected , they will bo entitled to perform the inactions thereof for one year next enmiing , and will uh / obe entitled , ITA ^ . thereb y become members of tho Grand Lodgo oi' tho State Ohio , baring a right to attend it ? meetings and rote npon

Masons Appeal To The Court Of Common Pleas For Their Rights.

all matters which may come before it for consideration , including the election of officers for the year succeeding the next annual meeting thereof . That the rights so to exercise said offices are valuable to the said plaintiffs and to the said Newark Lodge , No . 97 , of which they are meuibars aud officers elect as hot-enibefora stated .

Ancl the said plaintiffs further say that objections to the installation of officers elected as tho said plaintiffs * wero must be stated in open Lodge , whether in tho form of charges or otherwise , and must be sustained by a vote of tho majority of the members thereof ,

otherwise the ceremonies of installation must proceed ; and so the plaintiffs say that fche action of the Grand Mastor , as hereinbefore stated , was not only without authority , and a usurpation , but was in direct violation of tho above provision of the Grand Lodge of tho State of Ohio .

And the plaintiffs further say that under the laws of the Grand Lodge of the State of Ohio , no provision is made for an appeal or any other remedy against usurpations of power by the Grand Master such as have beeu hereinbefore stated in this petition , and the said plaintiffs are wholly without remedy except by proceedings in a

suit for an injunction , as thoy aro doing in this case , and an appeal to tho laws of the State of Ohio for protection . And the said defendant is giving out in speeches and threats that he will be present at the next meeting of the Newark Lodge , No . 97 , and will preside therein , and unless said Lodge will hold a new election

and elect officers who will be acceptable to him , that he will suspend tho functions of tho said Lodge until the next annual meeting of the Grand Lodgo of Ohio ; all of which is without authority and a clear , unquestioned usurpation of power by the said defendant .

Wherefore tho said plaintiffs prav that during the pendency of this petition , that said defendant be enjoined from proceeding in any way , to prevent their installation as officers of said Newark Lodge , No . 97 , and be enjoined from ordering a new election therein for officers , and be enjoined from suspending or attempting to suspend the

functious of the said Newark Lodge , No . 97 , and from exercising the powers usurped by him as stated in this petition , and from all illegal acts threatened as herein stated , and that on final hearing of this petition , that said injunction be made perpetual .

And the said p laintiffs pray for such other and further relief as may be proper . HARRISON , OLDS & MARSH , J . H . COLLINS , S . M . HUNTER , A . A . STASEL , Attorneys for plaintiffs . Duly verified .

On this petition so filed Judge McElroy allowed an injunction as prayed for , which has been served ou Graud Master Stacker Williams . It will thus bo seen thafc the Masonio fight has been transferred to tho courts . Tho Cerneau numbers nay thoy havo submitted to

usurpation of power by the Grand Master until forbearar . ee has ceased to be a virtue . They say that , the g i st of tho whole trouble is simply this : that tho Grand Lodge ancl its constituent , Blue Lodges deal only with tho first threo degrees , and have nothing to do with the higher degrees , —York Kite , Roval Kite , or Scottish Rite , —

of which latter Order there are two rival branches , known as 'he Cerneau and tho Northern Jurisdiction ; that Grand Master Williams is a member of Northern Jurisdiction branch , and boing over-zealous , and acting under fciiu advice of a lew hor . he ds , has rashly attempted to use hia temporary power ns Grand Mnster

to make war on the Cerneaus . Wherever in the Blue Lodges throughout Ohio Cerneaus havo been chosen to office he has , under colour of authority as Grand Mist- r , declared ihe election void , ordered another election , and attempted to prevent their installation , —the evident purpose being to pack tdo next Grand Lodge with his

friends , —arid at Zanesville Ire went so far as to take charge of tbe Lodge , and by high-handed measures drive out the officers , elect , and instal officers of his own choice in direct violation of Masonic law . As he was about to carry out the samo hi gh-handed proceedings in Newark and other places , the officers elect in the

Newark Lodges were driven to appeal to the court to lay its hand upon him ancl call a halt in his mad career . They say further that thoy aro fighting wholly on the defensive and as Blue Lodge Masons ; that thoy have endeavoured to keep fch' Scottish Kite fight ont of tie Blue Lodges , but it has been lugged in hy Mr . Williams and

his rash associate- ' , who s cm willing to -a rifice tho harmony aud prosperity of the iiluo Lodges to further tl c ends of ' Noriherri Juris , d-ction Scottish Kite . That if it is unlawful for them to he Cerueaus ho should prefer charges and proceed in the regular manner provided by Masonic law , and if ho goes to the next annual mroiingof the

Grand Lodge plastered over with writs , it will not bo the fault of (' orneauu ; and it . wil ! not Ire their fault if hers compelled to report disorder and confusion among th * ' Workmen , and tha' the Masonic edifice in Ohio has been shattered from turret to forniilarion . If all

those things conic upon Masonry it will be beu nrse the Grand Master has followed fho Jurisdiction leaders instead of looking to the interests of Blue ) Lodge Masonry alone . A similar petition lias been filed in the case of Ahiman Lodge , aud an injunction allowed and served aa iu the other case .

iror , r , ov / Av ' : f TIT . LS AI ' II OI . VC ' I KNT . —Tire attention of ali sufferers is drawn to those well-known remedies , i'er lioy possess conspicuous advantages as a , sale and reliable aid in all those era rrgencies to winch travellers , emigrants and sailor's are so especially liable . They have lrecu largely patronised by wnyfaivr-s by laud ami sen , ' and , in fact , ' by all chides of the community , to their very gre if . advantage . The fills are before all doubt one of the most eli ' i . vt . ive remedies ever di-coveiod lor case- of obstinate const ! patio , continued irnoyvti'm and colic , comp airits which arc en enilerecl by exposure and irregular feeding . Tho Ointment , will be found nf the vory greatest ¦ servics 'I ! CaSG 3 Of piA , ahs < je * . , c ycryiMpciasramt yd Idndfi'it local ulcerations ,

“The Freemason's Chronicle: 1888-04-07, Page 5” Masonic Periodicals Online, Library and Museum of Freemasonry, 12 July 2025, django:8000/periodicals/fcn/issues/fcn_07041888/page/5/.
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THE CENTENARY FESTIVAL OF THE GIRLS' SCHOOL. Article 1
ON SOME OF THE BENEFITS OF MASONIC UNION. Article 2
EXTENDING THE SCOPE OF FREEMASONRY. Article 3
A MANIA SPREADING AMONG AMERICAN GRAND MASTERS. Article 4
MASONS APPEAL TO THE COURT OF COMMON PLEAS FOR THEIR RIGHTS. Article 4
" SECRET " AND " OATH-BOUND." Article 6
THE LOGIC CLUB. Article 6
Obituary. Article 6
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ROYAL ARCH. Article 9
THE FIFTEEN SECTIONS Article 9
NOTICES OF MEETINGS. Article 10
SCOTLAND. Article 10
MARK MASONRY. Article 10
THE THEATRES. &c. Article 11
DIARY FOR THE WEEK. Article 12
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Masons Appeal To The Court Of Common Pleas For Their Rights.

diction , and snch past Grand Masters and past Deputy Grand Masters as shall be present and are members of a subordinate Lodge . And the said Grand Lodge , so constituted , has , since the date of said act of incorporation hereinbefore referred to , elected succesiors of the persons named in said act as being then incorporated , and

at the annual meeting of the Grand Lodge of fche State of Ohio , held in the month of October , 1887 , the defendant herein , S . Stacker Williams , was elected Grand Master of the Grand Lodge of Ohio , and is now the head of said incorporation , and is exercising fche powers and duties conferred npon him by the said act . of

incorporation and the laws of the Grand Lodge of the State of Ohio . Said Grand Lodge of Ohio is the owner and possessed of property of the value of at least dollars ; that by Article 9 of the Constitution of said Grand Lodge , the defendant , as Grand Master thereof , " has the power at his discretion to assemble any subordinate

Lodge , and preside therein , inspect its work , and require a strict conformity to the rules and regulations of tho Order . For good cause he may suspend the functions of any such Lodge until the ensning stated Communication of the Grand Lodge . " And the said defendant is further exercising and has assumed to exercise

authority whioh is not conferred upon him , either by said act of incorporation , or by the said laws of the Grand Lodge of the State of Ohio , bnt has wrongfully and illegally usurped authority , and is exercising the same to the great injury and detriment of the Order of Freo and Accepted Masons in said State , including the said

Newark Lodge , No . 97 , and these plaintiffs . And the plaintiffs farther say that on the 4 th clay of November , 1887 , the said Newark Lodge , No . 97 , held an election for officers to serve for the ensuing year ; thafc said election was in all respects conducted according to the laws of the said Grand Lodge of tho

State of Ohio , and of said Newark Lodge , No . 97 , at which said election the plaintiff , John W . Hughes , was elected Senior Warden , and the said Edwin K . Braddock , was elected Junior Warden of said Newark Lodge , No . 97 ; that said plaintiffs were each and both of them eligible nnder said laws of the Grand Lodge of Ohio , and of

said Newark Lodge , No . 97 , to hold the offices for which they were so elected , there being no charges whatever against them pending , offered , or proposed to be offered , at the time of their said election , or subsequent thereto . That by virtue of their said election they were entitled to br installed into said offices , and to hold and exercise

the same for one year thereafter , which said right and title was conferred upon them by the laws of the Grand Lodge of Ohio , and of said Newark Lodge , No . 97 , hereinbefore referred to , and by virtue of the election aforsaid ; that Eule 1 of the " Code of Masonic jurisprudence for the government of the Lodges nnder the juris .

diction of the Grand Lodge of Ohio , revised October , 1882 , and still in force , Is as follows : " A subordinate Lodge shall consist of a Master , a Senior and Junior Warden , a Treasnrer , Secretary , Senior ancl Junior Deacon , a Tyler , and as many members as are convenient . The officers above numerated shall bo elected by ballot , by a majority

of votes , afc the stated meeting in November or December , annuall y , which shall be designated in their by-laws , and be installed into office at the Festival of St . John the Evangelist , or at the stated meeting next preceding or succeeding it . " That said Grand Loci ere of Ohio has held and decided , and such decision is still in full force

that " objections to the installation of an officer must , when made , be stated in open Lodge , whether in form of charges or otherwise , and be sustained by a vote of a majority of the members present otherwise tbe ceremonies of installation must proceed . " But , nor . withstanding the premises , the said defendant on the 2 nd day

of December , 1887 , which was the day for the regular meeting of said Newark Lodge , No . 97 , and was held for the purpose of installing tbe officers elected as hereinbefore stated , and the said Lodge waa read y , willing and desirous to so instal said officers , but the defend , ant , pretending to act as the Grand Master of the Grand Lodgo

of Ohio was present at the meeting of said Lodge , held nt that time hereinbefore stated , and assumed tho authority to preside thereat ; that while so presiding , the said defendant , pretendinc to act as said Grand Master and pretending to have authority therefor , nnder the laws of the Grand Lodge of the State of Ohio , declared

the election of the said John W . Hughes as Senior Warden , ancl Edwin E . Braddock as Junior Warden null and void , and of his own motion , and without any cause whatever , and without any authority of Jaw , unjustly and illegally , and by usurpation of authorit y whioh he did not have , and which had nofc been conferred upon him

hy the Grand Lodge of the State of Ohio , refused to instal said officers so elected as aforesaid , and refused to permit them to be installed , and ordered said Lodgo not to instal them to said offices , and directed and ordered that another election should be held

therefor . And for the reason aforesaid , tho said officers , so elected , were not installed , and have never been installed ; ancl tho said defendant is giving ont in speeches and declaring it to bo hia intenti on to prevent their installation by exercising the aufchoritv which ho has usurped as hereinbefore ntated . And he is further

giving out in speeches and declaring it to bo Lis intuition id" tho said Lod ge will nofc hold a new election , and elect officers in place of tho said plaintiffs who will be acceptable to him , the raid defendant that he will suspend the functions of the said Newark Lodge , No . 9 / ' until the next meeting of tire Grand Lodge of tho State of Ohio ' which

will be in the month of October , 1 S 3 S ; that tho said ' defendant has no authority to suspend the functions of . said Newark ¦ Lod ge , No . 97 , except for good cause , and the plaintiff ;* say that ho has no cause or authority for his threats so to do ; and tho said threat to so tuspund the function ' , of said Newark Lodge No 07

° as no foundation and no ground whatever except the usm-pai-ions and illegal acts of tho said defendant hereinbefore ) set out . And the said plaintiffs further' f ^ . y tha t by virtue of their said

olec"" , tney are permitted to bo installed into said offices to which ™* J have been so olected , they will bo entitled to perform the inactions thereof for one year next enmiing , and will uh / obe entitled , ITA ^ . thereb y become members of tho Grand Lodgo oi' tho State Ohio , baring a right to attend it ? meetings and rote npon

Masons Appeal To The Court Of Common Pleas For Their Rights.

all matters which may come before it for consideration , including the election of officers for the year succeeding the next annual meeting thereof . That the rights so to exercise said offices are valuable to the said plaintiffs and to the said Newark Lodge , No . 97 , of which they are meuibars aud officers elect as hot-enibefora stated .

Ancl the said plaintiffs further say that objections to the installation of officers elected as tho said plaintiffs * wero must be stated in open Lodge , whether in tho form of charges or otherwise , and must be sustained by a vote of tho majority of the members thereof ,

otherwise the ceremonies of installation must proceed ; and so the plaintiffs say that fche action of the Grand Mastor , as hereinbefore stated , was not only without authority , and a usurpation , but was in direct violation of tho above provision of the Grand Lodge of tho State of Ohio .

And the plaintiffs further say that under the laws of the Grand Lodge of the State of Ohio , no provision is made for an appeal or any other remedy against usurpations of power by the Grand Master such as have beeu hereinbefore stated in this petition , and the said plaintiffs are wholly without remedy except by proceedings in a

suit for an injunction , as thoy aro doing in this case , and an appeal to tho laws of the State of Ohio for protection . And the said defendant is giving out in speeches and threats that he will be present at the next meeting of the Newark Lodge , No . 97 , and will preside therein , and unless said Lodge will hold a new election

and elect officers who will be acceptable to him , that he will suspend tho functions of tho said Lodge until the next annual meeting of the Grand Lodgo of Ohio ; all of which is without authority and a clear , unquestioned usurpation of power by the said defendant .

Wherefore tho said plaintiffs prav that during the pendency of this petition , that said defendant be enjoined from proceeding in any way , to prevent their installation as officers of said Newark Lodge , No . 97 , and be enjoined from ordering a new election therein for officers , and be enjoined from suspending or attempting to suspend the

functious of the said Newark Lodge , No . 97 , and from exercising the powers usurped by him as stated in this petition , and from all illegal acts threatened as herein stated , and that on final hearing of this petition , that said injunction be made perpetual .

And the said p laintiffs pray for such other and further relief as may be proper . HARRISON , OLDS & MARSH , J . H . COLLINS , S . M . HUNTER , A . A . STASEL , Attorneys for plaintiffs . Duly verified .

On this petition so filed Judge McElroy allowed an injunction as prayed for , which has been served ou Graud Master Stacker Williams . It will thus bo seen thafc the Masonio fight has been transferred to tho courts . Tho Cerneau numbers nay thoy havo submitted to

usurpation of power by the Grand Master until forbearar . ee has ceased to be a virtue . They say that , the g i st of tho whole trouble is simply this : that tho Grand Lodge ancl its constituent , Blue Lodges deal only with tho first threo degrees , and have nothing to do with the higher degrees , —York Kite , Roval Kite , or Scottish Rite , —

of which latter Order there are two rival branches , known as 'he Cerneau and tho Northern Jurisdiction ; that Grand Master Williams is a member of Northern Jurisdiction branch , and boing over-zealous , and acting under fciiu advice of a lew hor . he ds , has rashly attempted to use hia temporary power ns Grand Mnster

to make war on the Cerneaus . Wherever in the Blue Lodges throughout Ohio Cerneaus havo been chosen to office he has , under colour of authority as Grand Mist- r , declared ihe election void , ordered another election , and attempted to prevent their installation , —the evident purpose being to pack tdo next Grand Lodge with his

friends , —arid at Zanesville Ire went so far as to take charge of tbe Lodge , and by high-handed measures drive out the officers , elect , and instal officers of his own choice in direct violation of Masonic law . As he was about to carry out the samo hi gh-handed proceedings in Newark and other places , the officers elect in the

Newark Lodges were driven to appeal to the court to lay its hand upon him ancl call a halt in his mad career . They say further that thoy aro fighting wholly on the defensive and as Blue Lodge Masons ; that thoy have endeavoured to keep fch' Scottish Kite fight ont of tie Blue Lodges , but it has been lugged in hy Mr . Williams and

his rash associate- ' , who s cm willing to -a rifice tho harmony aud prosperity of the iiluo Lodges to further tl c ends of ' Noriherri Juris , d-ction Scottish Kite . That if it is unlawful for them to he Cerueaus ho should prefer charges and proceed in the regular manner provided by Masonic law , and if ho goes to the next annual mroiingof the

Grand Lodge plastered over with writs , it will not bo the fault of (' orneauu ; and it . wil ! not Ire their fault if hers compelled to report disorder and confusion among th * ' Workmen , and tha' the Masonic edifice in Ohio has been shattered from turret to forniilarion . If all

those things conic upon Masonry it will be beu nrse the Grand Master has followed fho Jurisdiction leaders instead of looking to the interests of Blue ) Lodge Masonry alone . A similar petition lias been filed in the case of Ahiman Lodge , aud an injunction allowed and served aa iu the other case .

iror , r , ov / Av ' : f TIT . LS AI ' II OI . VC ' I KNT . —Tire attention of ali sufferers is drawn to those well-known remedies , i'er lioy possess conspicuous advantages as a , sale and reliable aid in all those era rrgencies to winch travellers , emigrants and sailor's are so especially liable . They have lrecu largely patronised by wnyfaivr-s by laud ami sen , ' and , in fact , ' by all chides of the community , to their very gre if . advantage . The fills are before all doubt one of the most eli ' i . vt . ive remedies ever di-coveiod lor case- of obstinate const ! patio , continued irnoyvti'm and colic , comp airits which arc en enilerecl by exposure and irregular feeding . Tho Ointment , will be found nf the vory greatest ¦ servics 'I ! CaSG 3 Of piA , ahs < je * . , c ycryiMpciasramt yd Idndfi'it local ulcerations ,

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