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Article MASONIC JURISPRUDENCE. ← Page 2 of 2 Article MASONIC JURISPRUDENCE. Page 2 of 2 Article UNITED GRAND LODGE. Page 1 of 2 →
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Masonic Jurisprudence.
its by-laws for thc treatment of brethren who refuse , after a certain period , to pay their dues . Thc penalty is generally exclusion , and Article 210 is probably as frequently referred to as any other in the Book of Constitutions . If a lodo-e hesitates to deal with dilatory members in a
constitutional way , has it any power to impose a partial disability ? Once a brother is allowed to enter the lodge room , he is in full possession of all his rig hts as a member , and to restrict those rights in one respect and leave them intact in another is
simply " closure by compartments , " to use a-phrase of which much was heard some lew years ago in the House of Commons . We should fancy a member whose vote was disallowed , or . who was prevented from voting when he had been admitted into the lodge , would have a very good case on appeal .
During thc course of an official visitation , the write . r once came across a set of lodge by-laws , just revised , which contained the proviso " When a question is put for the confirmation of the minutes , no member shall be entitled to vote who was not present at the meeting concerned . " Inasmuch as these
bylaws had only a month previously been stamped with the official approval of the Grand Master , there was nothing to be done except to admire the brilliant stroke of genius which had lhe courage to insert such a proviso . The by-laws in question
contained more than 70 clauses , and possibly the unconstitutional article referred to escaped notice in the crowd . We shall have something to say on another occasion on the compilation of by-laws .
Wc will now discuss the subject of resignations , and there is quite a voluminous literature on the subject , so that b y this time there ought to be scarcely a possibility of going wrong . Masonry being quite voluntary , a member of a lodge may sever his connection with it at any moment hc pleases . His
dues may be unpaid , and his account with the lodge Steward be unliquidated , and his conduct as a man and a Mason may be under discussion with a view to his exclusion . All this docs not matter . Solvitur ambitltindo . The lodge can , however , discharge a Parthian shot after him . It can endorse the certificate
which , under Article 213 , he has a right to ask for , with " a statement of the circumstances under which he left . " Article 213 might with advantage be extended a little , so as to show exactly what is meant by thc p hrase quoted , lt might be argued that thc ; endorsement should be limited lo the bare statement whether he resigned or was excluded .
But in the writer ' s opinion—confirmed by man }* excellent authorities—the lodge has power to add such explanation as it sees fit . The lodge has no power to decline to grant a certificate , and , therefore , something is necessary for the protection of other lodges the brother might wish to join . In ( act , Article 212
exists for that purpose ; ancl a lodge is not only justified in making inquiry , but may be fined for its failure to do so . When the certilic . 'ilc is granted , therefore , it should be clearly
slated—1 , whether all dues have been paid , and , 2 , whether thc * lodge by-laws have been complied with . This can be dom * simplv by having these provisions printed in tlie usual form of certificate , ancl scoring out either or both of them if not applicable .
Resignation in order to evade a summons to show cause wh y he should nol be excluded , would justify a lodge in staling that "their by-laws had not been complied with . " As a rule , however , the member who resigns under such circumstances does not trouble the lodge for a certificate . Whilst resignation would
effectually bar any proceedings tending to exclusion , the writer does not think the ) ' would estop such proceedings if lendin-r towards a recommendation for expulsion . This , however , is but a personal opinion , as he cannot recollect an )* case bcarino * on the point .
It is the habit in many lodges when a brother tenders his resignation to " accept " it , generally wilh some expression of regret . The motives of the lodge are laudable , but the Iangua-- * e is incorrect . "Acceptance" ofa resignation implies a power lo
decline to receive it , which power does not exist . " Record " is the exact phraseology . This was laid down by Grand Lodo * e in a very interesting case which was decided , on appeal , in June , 1 S 74 .
A brother came to the January meeting of his lodge for the purpose of tendering his resignation , ancl at the same lime hc paid his dues for December , and then imagined he was clear of the lodge . The dues for January were , however , demanded , and the
brother declined to pay them . Here we think he was wrong January was well advanced before he resigned , and he certain !) had incurred liability for a portion of the month , and therefore
for tlie whole . I he lodge should have given him a certificate in the Uirm alp-ad ) ' described . Instead of doing so , they ignored his resignation , aud kept his name on the books , ancl in due course demanded February ' s dues as well , and then those for
Masonic Jurisprudence.
March , and so on . As the brother s indebtedness seemed to be increasing at an alarming rate , he appealed to the District Grand Master ( of Bombay , we believe ) . The result was that the lodge was rebuked , and told that the dues and resignation at first tendered should have been accepted , and this was confirmed by Grand Lodge .
In September , 1 S 91 , Grand Lodge was exercised over another question dealing with the issue of a certificate . In addition to the certificate to which a brother is entitled wdicn his connection with the lodge is severed , Article 203 recognises the grant of a certificate to enable him to join another lodge .
This is not necessary for the founder of a new lodge , who is at the time a subscribing member elsewhere ( Article 116 ) , but many brethren imagine it is , and accordingly a brother in South Africa , who proposed to assist in the formation of a new lod ge in that colony , wrote home to his father to ask him to procure
the usual certificate from the lodge , of which they were both members . When the application was read in open lodge , it was decided that such a certificate could only be granted upon direct application by thc brother interested , and the father was told to write to his son and suggest lhat lie should communicate
direct with the lodge Secretary . 1 his was indeed straining at a gnat , and , after certain irrelevancies , the question went before the Grand Lodge , and the point argued was as to whether this
brother was duly authorised by his son to ask for a certificate Grand Lodge saw the correspondence , and decided that he was ancl a certificate was ordered to be issued , ancl the lodge suspended till this was clone .
Unfortunately , the real question was not brought to an issue , whicli was whether a second-hand application for a certificate could be entertained .
Article 202 lays down a very stringent and proper rule , limiting the issue of certificates , and a lodge is quite right in requiring incontestable evidence that the certificate is required for a proper purpose . In the particular case , there was , of course , no doubt .
Considering the smallness of the subject , the amount that has been said and written on the question of resignations is surprising . Probably this is so because many brethren who resign their membership do so in a moment of pique , and * in
calmer moments regret what they have clone . On the oilier hand , the lodge sometimes experiences a feeling of relief when a contentious brother resigns , and has , in its haste , occasionally treated that as a resignation which is not actually such .
Here there are many and various grounds for litigation , and after much fumbling about with tlie subject , ( irand Lodge , in March , 1 S 95 , practically narrowed down the question to a singleissue , and then decided upon it . The case was that of a brother in the far East , who wrote ,
say on Monday , to the lodge ; Secretary , tendering his resignation in plain and unmistakable language . On the Tuesday , having cooled down in the interval , he wrote again asking to be allowed to withdraw his resignation . Both these letters were read to the lodge which met subsequently , and the letter ot resiimation was held to be final .
In advising Grand Lodge on tlie subject Bro . Philbrick , ( irand Registrar , took especial pains to make everything clear , because the advice he proposed to give seemed lo be in apparent conflict with an obiter dictum of Col . Shadwell Gierke ' s in iS . Sej . Bro . Philbrick said that a resignation was effective from
the moment it was communicated to the lodge at a regular meeting . The letter to the Secretary was but the expression of intention , and was therefore revocable . We quote thc ; Grand Registrar ' s exact words , inasmuch as they seem to leave absolutely nothiii" * more lo be said :
" By itself , tlie letter to the Secretary is nothing , it has to lie communicated to tlie lodge ; of which he is the channel ot communication , ancl until that letter has been communicated it
is a mere expression of intention on thc part of the member whicli he lias a right to withdraw Until that letter is communicated to the lodge there is what is called a hens fnr / ii / eiiri .-i ' A
United Grand Lodge.
UNITED GRAND LODGE .
The Quarterly Communication of United Grand Lodge of Free an " Accepted Masons of Kngland was held on Wednesday evening , at Freemasons' Hall , when more than moo brethren were present . Earl Amherst , M . W . Pro Grand Master , presided , liro . George Richards , District Grand Master of the Transvaal , acted as Deputy Grand Master , and
Bro . the Kev . C . J . Martyn , P . G . C , as Past Grand Master ; Bro . Viscount Templetown was S . G . W ., and Bro . Robert Grey , P . G . W ., acted as J . G . W . Among other brethren who attended were : Bros . George Everett , P . G . T . ¦ D . P . Cama , P . G . T . ; Harry Manfield , G . T . ; J * Cochrane , P . G . T , ; Or . Strong , W . !•" . Lamonby , J . A . farnfield , R . Loveland *
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Masonic Jurisprudence.
its by-laws for thc treatment of brethren who refuse , after a certain period , to pay their dues . Thc penalty is generally exclusion , and Article 210 is probably as frequently referred to as any other in the Book of Constitutions . If a lodo-e hesitates to deal with dilatory members in a
constitutional way , has it any power to impose a partial disability ? Once a brother is allowed to enter the lodge room , he is in full possession of all his rig hts as a member , and to restrict those rights in one respect and leave them intact in another is
simply " closure by compartments , " to use a-phrase of which much was heard some lew years ago in the House of Commons . We should fancy a member whose vote was disallowed , or . who was prevented from voting when he had been admitted into the lodge , would have a very good case on appeal .
During thc course of an official visitation , the write . r once came across a set of lodge by-laws , just revised , which contained the proviso " When a question is put for the confirmation of the minutes , no member shall be entitled to vote who was not present at the meeting concerned . " Inasmuch as these
bylaws had only a month previously been stamped with the official approval of the Grand Master , there was nothing to be done except to admire the brilliant stroke of genius which had lhe courage to insert such a proviso . The by-laws in question
contained more than 70 clauses , and possibly the unconstitutional article referred to escaped notice in the crowd . We shall have something to say on another occasion on the compilation of by-laws .
Wc will now discuss the subject of resignations , and there is quite a voluminous literature on the subject , so that b y this time there ought to be scarcely a possibility of going wrong . Masonry being quite voluntary , a member of a lodge may sever his connection with it at any moment hc pleases . His
dues may be unpaid , and his account with the lodge Steward be unliquidated , and his conduct as a man and a Mason may be under discussion with a view to his exclusion . All this docs not matter . Solvitur ambitltindo . The lodge can , however , discharge a Parthian shot after him . It can endorse the certificate
which , under Article 213 , he has a right to ask for , with " a statement of the circumstances under which he left . " Article 213 might with advantage be extended a little , so as to show exactly what is meant by thc p hrase quoted , lt might be argued that thc ; endorsement should be limited lo the bare statement whether he resigned or was excluded .
But in the writer ' s opinion—confirmed by man }* excellent authorities—the lodge has power to add such explanation as it sees fit . The lodge has no power to decline to grant a certificate , and , therefore , something is necessary for the protection of other lodges the brother might wish to join . In ( act , Article 212
exists for that purpose ; ancl a lodge is not only justified in making inquiry , but may be fined for its failure to do so . When the certilic . 'ilc is granted , therefore , it should be clearly
slated—1 , whether all dues have been paid , and , 2 , whether thc * lodge by-laws have been complied with . This can be dom * simplv by having these provisions printed in tlie usual form of certificate , ancl scoring out either or both of them if not applicable .
Resignation in order to evade a summons to show cause wh y he should nol be excluded , would justify a lodge in staling that "their by-laws had not been complied with . " As a rule , however , the member who resigns under such circumstances does not trouble the lodge for a certificate . Whilst resignation would
effectually bar any proceedings tending to exclusion , the writer does not think the ) ' would estop such proceedings if lendin-r towards a recommendation for expulsion . This , however , is but a personal opinion , as he cannot recollect an )* case bcarino * on the point .
It is the habit in many lodges when a brother tenders his resignation to " accept " it , generally wilh some expression of regret . The motives of the lodge are laudable , but the Iangua-- * e is incorrect . "Acceptance" ofa resignation implies a power lo
decline to receive it , which power does not exist . " Record " is the exact phraseology . This was laid down by Grand Lodo * e in a very interesting case which was decided , on appeal , in June , 1 S 74 .
A brother came to the January meeting of his lodge for the purpose of tendering his resignation , ancl at the same lime hc paid his dues for December , and then imagined he was clear of the lodge . The dues for January were , however , demanded , and the
brother declined to pay them . Here we think he was wrong January was well advanced before he resigned , and he certain !) had incurred liability for a portion of the month , and therefore
for tlie whole . I he lodge should have given him a certificate in the Uirm alp-ad ) ' described . Instead of doing so , they ignored his resignation , aud kept his name on the books , ancl in due course demanded February ' s dues as well , and then those for
Masonic Jurisprudence.
March , and so on . As the brother s indebtedness seemed to be increasing at an alarming rate , he appealed to the District Grand Master ( of Bombay , we believe ) . The result was that the lodge was rebuked , and told that the dues and resignation at first tendered should have been accepted , and this was confirmed by Grand Lodge .
In September , 1 S 91 , Grand Lodge was exercised over another question dealing with the issue of a certificate . In addition to the certificate to which a brother is entitled wdicn his connection with the lodge is severed , Article 203 recognises the grant of a certificate to enable him to join another lodge .
This is not necessary for the founder of a new lodge , who is at the time a subscribing member elsewhere ( Article 116 ) , but many brethren imagine it is , and accordingly a brother in South Africa , who proposed to assist in the formation of a new lod ge in that colony , wrote home to his father to ask him to procure
the usual certificate from the lodge , of which they were both members . When the application was read in open lodge , it was decided that such a certificate could only be granted upon direct application by thc brother interested , and the father was told to write to his son and suggest lhat lie should communicate
direct with the lodge Secretary . 1 his was indeed straining at a gnat , and , after certain irrelevancies , the question went before the Grand Lodge , and the point argued was as to whether this
brother was duly authorised by his son to ask for a certificate Grand Lodge saw the correspondence , and decided that he was ancl a certificate was ordered to be issued , ancl the lodge suspended till this was clone .
Unfortunately , the real question was not brought to an issue , whicli was whether a second-hand application for a certificate could be entertained .
Article 202 lays down a very stringent and proper rule , limiting the issue of certificates , and a lodge is quite right in requiring incontestable evidence that the certificate is required for a proper purpose . In the particular case , there was , of course , no doubt .
Considering the smallness of the subject , the amount that has been said and written on the question of resignations is surprising . Probably this is so because many brethren who resign their membership do so in a moment of pique , and * in
calmer moments regret what they have clone . On the oilier hand , the lodge sometimes experiences a feeling of relief when a contentious brother resigns , and has , in its haste , occasionally treated that as a resignation which is not actually such .
Here there are many and various grounds for litigation , and after much fumbling about with tlie subject , ( irand Lodge , in March , 1 S 95 , practically narrowed down the question to a singleissue , and then decided upon it . The case was that of a brother in the far East , who wrote ,
say on Monday , to the lodge ; Secretary , tendering his resignation in plain and unmistakable language . On the Tuesday , having cooled down in the interval , he wrote again asking to be allowed to withdraw his resignation . Both these letters were read to the lodge which met subsequently , and the letter ot resiimation was held to be final .
In advising Grand Lodge on tlie subject Bro . Philbrick , ( irand Registrar , took especial pains to make everything clear , because the advice he proposed to give seemed lo be in apparent conflict with an obiter dictum of Col . Shadwell Gierke ' s in iS . Sej . Bro . Philbrick said that a resignation was effective from
the moment it was communicated to the lodge at a regular meeting . The letter to the Secretary was but the expression of intention , and was therefore revocable . We quote thc ; Grand Registrar ' s exact words , inasmuch as they seem to leave absolutely nothiii" * more lo be said :
" By itself , tlie letter to the Secretary is nothing , it has to lie communicated to tlie lodge ; of which he is the channel ot communication , ancl until that letter has been communicated it
is a mere expression of intention on thc part of the member whicli he lias a right to withdraw Until that letter is communicated to the lodge there is what is called a hens fnr / ii / eiiri .-i ' A
United Grand Lodge.
UNITED GRAND LODGE .
The Quarterly Communication of United Grand Lodge of Free an " Accepted Masons of Kngland was held on Wednesday evening , at Freemasons' Hall , when more than moo brethren were present . Earl Amherst , M . W . Pro Grand Master , presided , liro . George Richards , District Grand Master of the Transvaal , acted as Deputy Grand Master , and
Bro . the Kev . C . J . Martyn , P . G . C , as Past Grand Master ; Bro . Viscount Templetown was S . G . W ., and Bro . Robert Grey , P . G . W ., acted as J . G . W . Among other brethren who attended were : Bros . George Everett , P . G . T . ¦ D . P . Cama , P . G . T . ; Harry Manfield , G . T . ; J * Cochrane , P . G . T , ; Or . Strong , W . !•" . Lamonby , J . A . farnfield , R . Loveland *