BANCROFT LIBRARY ♦ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA t I ^^ Digitized by the Internet Archive in 2008 with funding from IVIicrosoft Corporation http://www.archive.org/details/digestofdecisionOOinderich DIGEST OF THK DECISIONS AND LAWS OF THK Grand Lodge OF THE Independent Order of Odd Fellows OF THE STATE OF CALIFORNIA. FROM ITS ORGANIZATION IN MAY, 1853, TO AND INCLUDING THE YEAR 1905 WITH NOTES OF DECISIONS OF THE SOVEREIGN GRAND LODGE ' TOGETHER WITH THE G)nstitut}on and By-Laws of the Sovereign Grand Lodge, Constitution and Rules of Order of the Grand Lodge, Constitution of Subordinate Lodges, Constitution of the Rebekah Assembly, Constitution of Rebekah Lodges, Forms, and AN ANALYTICAL INDEX, By DAVIS LOUDERBACK, P. G. M. BY AUTHORITY OF THE GRAND I,ODGE. * : > iHC * SAN FRANCISCO: Jos. WiNTRRBURN COMPANY, PRINTERS AND ELECTROTYPERS, No. 417 Clay Street, below Santioine. 1905. The new DIGEST PRKKACE 'T^HE extent and variety of legislation and the great number "*■ of decisions render a Digest thereof not only a convenience but a necessity to the brotherhood. The usefulness of such a Digest is increased by an Analytical Index thereto. Many laws and decisions may be appropriately placed in a Digest under a number of different heads. In this Digest they are arranged alphabetically according to subjects under appropriate heads, but the same law or decision is placed only under one head, except in a few. instances where the principles involved, or the nature of the law or decision seemed to require it as a matter of necessity or convenience. The Rebekah laws and decisions are inserted under one head — '' Rebekah Branch." The Analytical Index to this Digest contains references to all laws and decisions disposed under every head and topic involved in the law or decision. The contents of this book are in the following order: 1. Constitution of the Sovereign Grand Lodge, I. 0. 0. F. 2. By-Laws of the Sovereign Grand Lodge. 3. Constitution of the Grand Lodge, I. 0. 0. F. of the State of California. 4. Rules of Order of the Grand Lodge. 5. Digest. 6. Constitution of Subordinate Lodges, I. 0. 0. F. of Cali- fornia. 7. Constitution of Rebekah Assembly, I.O.O.F. of California. 8. Constitution of Rebekah Lodges, I. 0. 0. F. of California. 9. Forms. 10. Analytical Index to the Digest. DAVIS LOUDERBACK, P. G. M. San Francisco, December, 1905. Odd F«llow» Homk ok Camkukma, iiiKi:MALm>, Cai.. o II: l>/,l;Y CONSTITUTION OF THE Sovereign Grand Lodge OF THE INDEPENDENT ORDER OF ODD FELLOWS ADOPTED AT THE ANNUAL SESSION OF THAT GRAND BODY HELD AT THE CITY OF BALTI- MORE ON THE 4th day OF SEPTEMBER, A. D. 18W, AND YEAR OF THE ORDER IN NORTH AMERICA THE 36th. WITH ALL AMENDMENTS WHICH HAVE BEEN MADE THERETO UP TO THE SESSION OF 1905, INCLUSIVE. ARTICLE I. Section 1. — Title. This Lodge shall be known by the name, style and title of ''The Sovereign Grand Lodge of the Independent Order of Odd Fellows." Section 2. — The source of all legitimate Odd Fellowship. It is the source of all true and legitimate Odd Fellowship in the United States of America, and possesses such powers and jurisdiction over the whole brotherhood as are provided in the constitution and ritual of the Order. Its authority extends also to such Lodges and Encampments as may be organized under its charter in foreign countries. Section 3. — Charters — Powers. By virtue of charters granted by it, all State, District and Territorial Grand Lodges and Grand Encampments exist, and with it rests the power, by a majority of two-thirds of the votes cast, to deprive such State, District or Territorial Grand Bodies of their charters and to annul their authority; provided, that such deprivation or annulment shall only be made for violation of the laws of this Grand Lodge. No more than one Grand Lodge and Grand Encampment shall be char- tered in any State, District or Territory. All Grand Bodies working under charters granted by this Grand Lodge are \)\l') 4 Constitution Sovereign Grand Lodge. supreme for all local legislation and appellate jurisdiction within their respective limits, except as hereinafter provided. Section 4. — Appeals. With the consent of the Grand Lodge or Grand Encampment of a State, District or Terri- tory, an appeal may be had by any Subordinate Lodge or Encampment to the Sovereign Grand Lodge, such consent, however, not being necessary when an expelled Lodge or Encampment, after having surrendered to its Grand Lodge or Grand Encampment all its effects, appeals from such decision. Appeals may also be heard from a member or members of a State, District or Territorial Grand Lodge or Grand Encampment from the decision thereof, but in all cases the decision of the State, District or Territorial Grand Lodge or Grand Encampment shall be final and con- clusive until reversed by this Grand Lodge on a direct appeal therefrom. All appeals to the Sovereign Grand Lodge shall be subject to such general regulations as it may adopt. Section 5. — ^Powers. To this Grand Lodge belongs the power to regulate and control the unwritten work of the Order, and to fix and determine the customs and usages in regard to all things which appertain thereto. And to it alone belongs the power to provide and establish suitable lectures and other written work therefor. But the un- written work of the Order shall in no wise be altered or amended except by a four-fifths vote of the members present in Grand Lodge, nor shall the written work of the Order be in any wise altered or amended except by a two- thirds vote of the members present in Grand Lodge. Section 6. — Power to establish Order. To this Grand Lodge is reserved the power to establish the Independent Order of Odd Fellows in such countries, domestic or foreign, wherein the same has not yet been established. Section 7. — Jurisdiction of Sovereign Grand Lodge. To this Grand Lodge belongs the immediate jurisdiction over all Subordinate Lodges and Encampments in such countries. Constitution Sovereign Grand Lodge. 5 domestic or foreign, as are without Grand Lodges or Grand Encampments, Section 8. — Laws of general application. To it belongs the power to enact all laws of general application to the Order. Section 9. — Jurisdiction of State Grand Bodies. All power and authority in the Order not reserved to this Grand Lodge by this constitution is hereby vested in the various State, District and Territorial Grand Bodies. * ARTICLE II. Section 1. — Who are members of Sovereign Grand Lodge. This Grand Lodge shall be composed of the following mem- bers, to-wit: A Grand Sire, Deputy Grand Sire, Grand Secretary, Grand Treasurer, Grand Chaplain, Grand Marshal, Grand Guardian, Grand Messenger, and Grand Representatives from the several State, District and Terri- torial Grand Lodges and Grand Encampments working under legal unreclaimed charters granted by this Grand Lodge. ARTICLE III. Section 1. — Officers. The officers of this Grand Lodge shall be the Grand Sire, Deputy Grand Sire, Grand Secre- tary, and Grand Treasurer, who shall be elected by ballot by a majority of all the votes cast, biennially, at the stated communication of this Grand Lodge in September, and shall be installed into their respective offices at the conclu- sion of said stated communication. Section 2. — Appointed Officers. The Grand Chaplain, Grand Marshal, Grand Guardian and Grand Messenger shall be nominated by the Grand Sire, and, if approved by the Grand Lodge, shall be installed into their respective offices immediately after the installation of the elective officers. 6 Constitution Sovereign Grand Lodge. Section 3. — Failure to appear at installation. Should any of the elective officers fail to appear to be installed at the time provided, the particular office or offices shall be declared vacant, and the Sovereign Grand Lodge shall in that event proceed to a new election to fill such vacancy or vacancies, and the officer or officers so elected shall be accordingly installed. Section 4. — Attendance at Sovereign Grand Lodge. — Duties. All the officers, both elective and appointed, shall attend each meeting of the Sovereign Grand Lodge, and perform such duties as are enjoined by the laws and regu- lations of the Order and such as may be required by the presiding officer, and shall receive such compensation as is hereinafter provided. Section 5. — Officers to vote — ^When. No officer who is not a representative shall be permitted to vote, except the Grand Sire, in case of an equal division. The elective officers shall have the power of debating and making motions, but shall not have the privilege of voting unless they be Grand Representatives. The appointed officers, unless they be representatives, shall not be allowed to take part in the proceedings and debates of the Sovereign Grand Lodge except by a vote of the majority thereof. ARTICLE IV. Section 1. — Duties of Grand Sire. The Grand Sire shall preside at all meetings of the Sovereign Grand Lodge, pre- serve order and enforce the laws thereof. He shall have the casting vote whenever the Sovereign Grand Lodge shall be equally divided, other than upon a ballot for officers, but shall not vote upon any other occasion. He shall appoint all committees not required to be raised by ballot, and appoint all District Deputy Grand Sires. During the recess of this Sovereign Grand Lodge he shall have a general super- intendence of the interests of the Order. He may hear and decide such questions as may be submitted to him by the several State Grand Lodges and Grand Encampments, or by Constitution Sovereign Grand Lodge. 7 the Subordinate Lodges or Encampments under immediate jurisdiction of this Sovereign Grand Lodge. He may hear and decide such questions as may be submitted to him by the several State Grand Lodges and Grand Encampments, or by the Grand Masters or Grand Patriarchs thereof, or by the Grand Representatives, or by the Subordinate Lodges or Encampments under the immediate jurisdiction of this Sovereign Grand Lodge. And his decision upon all appeals and questions so submitted to him shall be binding upon the bodies or persons submitting the same until reversed by this Sovereign Grand Lodge. He is empowered to receive petitions and grant warrants for the opening of new Lodges and Encampments, Grand or Subordinate, in places where Grand Bodies established by this Sovereign Grand Lodge may not exist ; and all warrants so granted by him shall be of force until recalled by this Sovereign Grand Lodge. At every communication of this Sovereign Grand Lodge he shall make a report in writing of all his official acts and decisions during the recess. — As amended 1905, S. G. L. Journal 333. Section 2. — Cannot hold any other office. During his term of service he shall not hold any office in any State, District or Territorial Grand or Subordinate Lodge or En- campment. Section 3. — Case of death, etc., Deputy Grand Sire to act. In case of the death, resignation or removal from office of the Grand Sire, or in case he should absent himself for six months or upward beyond the limits of the United States and the British* North American Possessions, or in case of his inability, from physical causes, to discharge the duties of his office, the Deputy Grand Sire shall act in his place, and shall have and enjoy all the powers and privileges and exercise the duties of said office until the next communica- tion of this Sovereign Grand Lodge. In case of the death, resignation, removal, absence, or inability of both the Grand Sire and Deputy Grand Sire, all said duties and powers shall be exercised by the Junior Past Grand Sire competent 8 Constitution Sovereign Grand Lodge. to fill said office, and at the first eommlinication thereafter the Sovereign Grand Lodge shall proceed to elect and install a Grand Sire for the unexpired term, and to fill any vacancy that may be occasioned thereby; provided, however, that a mere temporary or transient visit beyond said limits, not exceeding the aforesaid period of time, shall not be so con- strued as to work a forfeiture of the office. ARTICLE V. Section 1. — Duties of Deputy Grand Sire. The Deputy Grand Sire shall open and close the meetings of the Sov- ereign Grand Lodge, support the Grand Sire by his advice and assistance, and preside in his absence. In case of the removal, death, resignation, or inability of the Grand Sire, the powers and duties of the said office shall devolve on the Deputy Grand Sire for the unexpired term, as provided in Section 3 of Article IV. ARTICLE VI. Section 1. — ^Duties of Grand Secretary. The Grand Sec- retary shall make a just and true record of all the proceed- ings of the Sovereign Grand Lodge in a book provided for that purpose; keep the journal of all secret sessions, and preserve and keep the evidences of the unwritten work, and such alterations as may, from time to time, be made therein, and all other records appertaining to the work of the Order, and the explanations and lectures relative thereto; sum- mon the members to attend all special meetings; keep accounts between the Sovereign Grand Lodge and the Grand and Subordinate Lodges and Encampments under its jurisdiction ; read all petitions, reports and communications ; write all letters and communications; carry on, under the direction of the Sovereign Grand Lodge or Grand Sire, its correspondence, and transact such business of the Sovereign Grand Lodge appertaining to his office as may be required of him by the Sovereign Grand Lodge. All communications transmitted or received by him officially shall be laid before the Sovereign Grand Lodge. lie shall receive for his ser- Constitution Sovereign Grand Lodge. 9 vices such compensation as the Sovereign Grand Lodge shall, from time to time, determine. ARTICLE VII. Section 1. — Duties of Grand Treasurer. The Grand Treasurer shall keep the moneys and all the evidences of debt, choses in action, deeds, etc., of the Sovereign Grand Lodge, and pay all orders drawn on him by the Grand Secretary. He shall lay before the Sovereign Grand Lodge at its stated communication in September, annually, a full and correct statement of his accounts. Before his installa- tion he shall give a bond, with at least two sureties, to the Sovereign Grand Lodge, in such sum as may, from time to time, be fixed, and shall receive such compensation as the Sovereign Grand Lodge shall determine. Section 2. — Money not drawn unless appropriated. No money shall be drawn from the treasury but in consequence of appropriations made by the Sovereign Grand Lodge. ARTICLE VIII. Section 1. — Duties of Grand Chaplain. The Grand Chap- lain shall perform such duties as appertain to his office and as may, from time to time, be required by the Sovereign Grand Lodge relative thereto. Section 2. — Duties of Grand Marshal. The Grand Mar- shal shall assist the Grand Sire in performing his duties in such a manner as may, from time to time, be required, and perform all the duties generally appertaining to such office. Section 3.— Duties of Grand Guardian. The Grand Guardian shall prove every brother before admitting him, and allow none to depart without the usual formality. Section 4. — Duties of Grand Messenger. The Grand Messenger shall perform such duties as the Sovereign Grand Lodge may, from time to time, require for the convenience and comfort of the members; and for his services he shall receive such compensation as the Sovereign Grand Lodge shall determine. 10 Constitution Sovereign Grand Lodge. ARTICLE IX. ' Section 1. — Grand Representatives. Grand Representa- tives shall be chosen by the several State, District and Terri- torial Grand Lodges and Grand Encampments for the term of two years, and shall be divided into two classes, whose seats shall be vacated annually by rotation. Provided, how- ever, that State, District, and Territorial Grand Lodges and Grand Encampments which are now or may hereafter be entitled to two Grand Representatives may provide by gen- eral law for the election of one of such Grand Representa- tives, to serve for one year, his successor to be elected annually by such Grand Lodge or Grand Encampment. In case of a vacancy by death, resignation or otherwise during the recess of the Grand Lodge or Grand Encampment, such vacancy shall be filled for the unexpired term of the Grand Representative filling such office at the time such vacancy shall occur, in the manner set out in the Constitution of such State, District, or Territorial Grand Lodge or Grand En- campment. — As amended 1905, S. G. L. Journal 329. Section 2. — Apportionment of Grand Representatives. Grand Representatives shall be apportioned as follows, viz. : To every State, District, or Territorial Grand Lodge or Grand Encampment having under its jurisdiction one thousand or less members in good standing, one Grand Representative ; to every State, District or Territorial Grand Lodge or Grand Encampment having under its jurisdiction over one thousand members in good standing, two Grand Representatives ; and no State, District or Territorial Grand Lodge or Grand Encampment shall have over two Grand Representatives. Section 3. — Qualifications of Grand Representatives. A Grand Representative must be a Past Grand in good stand- ing and a member of a Subordinate Lodge and a Rebekah Lodge in good standing. He must have received the Royal Purple Degree, be a member in good standing of an Encamp- ment in good standing, and he must reside in the State, Dis- trict or Territory in which the Grand Lodge or Grand Constitution Sovereign Grand Lodge. 11 Encampment which he represents is located. No Representa- tive shall represent more than one Grand Body at the same time. Section 4. — To be furnished certificate. Grand Repre- sentatives shall be furnished by the Gtand Bodies which they represent with such certificates as shall be required by law. Section 5. — Contested elections. In case of contested elec- tions this Sovereign Grand Lodge shall determine to whom the contested seat belongs. Section 6. — Grand Representatives from Independent Grand Lodges. Each independent Grand Lodge which shall have accepted and which shall be working under the charter adopted in the year 1900, to be offered to all such independ- ent Grand Lodges and each independent Grand Lodge char- tered by the Sovereign Grand Lodge after the year 1900, may elect a Grand Representative to this Sovereign Grand Lodge, whose qualifications, term of office and privileges and duties shall be the same as those of other Grand Repre- sentatives, except that no compensation shall be paid to any such Grand Representative by this Sovereign Grand Lodge. ARTICLE X. Section 1. — Rights of Past Grand Sire. Past Grand Sires shall be admitted to seats in this Grand Lodge, with the power of debating and making motions, but shall not have the privilege of voting unless they be Grand Representatives. ARTICLE XI. Section 1. — Impeachment of officers and members. This Grand Lodge shall have the power, a majority consenting thereto, to impeach and try any of its officers or members, and, with the concurrence of two-thirds of the votes cast, to expel from office or membership therein any officer or member so impeached and convicted ; provided, that a copy of the charges preferred shall have been furnished to the accused at least three days before the trial. 12 Constitution Sovereign Grand Lodge. Section 2. — Suspended during trial. ' During the trial of any impeachment, the officer or member under impeachment shall be debarred the exercise of his office or the privilege of his membership, but may be heard in his own defense. Section 3. — Suspension — Expulsion. Suspension or expul- sion from the Subordinate Lodge or Encampment to which an officer or member of this Grand Lodge belongs shall operate as a suspension or expulsion from office or member- ship in this Sovereign Grand Lodge, and the vacancy thereby created shall be filled in the manner hereinbefore prescribed. ARTICLE XII. Section 1. — Sessions of Sovereign Grand Lodge. This Grand Lodge shall meet annually on the third Monday of September at 9 o 'clock A. M. at such place as the Sovereign Grand Lodge shall, from time to time, determine. It may also meet on its own adjournments. It may also meet specially on the call of the Grand Sire, of which the Grand Sire shall cause three months' notice to be given to the rep- resentatives of the several State, District or Territorial Grand Lodges and Grand Encampments, communicating to them the purpose for which the special meeting is called, and in no case shall any business be transacted at a special meeting unless notice thereof has been given as above stated ; provided, that if it shall be impracticable, from the preva- lence of contagious disease or any other cause, for the an- nual session to be held at the place designated therefor, the Sovereign Grand Lodge shall have the power to determine at what date or place said session shall be held, or if the Sovereign Grand Lodge be not in session when such emer- gency occurs, such power may be exercised by the Grand Sire. ARTICLE XIII. Section 1. — Quorum of representatives. Representatives from a majority of the whole number of State, District and Territorial Grand Bodies shall be necessary to form a quo- rum for the transaction of business, but a smaller number Constitution Sovereign Grand Lodge. 13 may adjourn from day to day, and may receive and act upon the credentials of new members, except in contested elections. Section 2. — Judge of qualifications and elections. This Grand Lodge shall be the judge of the certificates or returns and qualifications of its members. Section 3. — Rules of order. It may determine the rules of its proceedings, and from time to time adopt such rules of order as it may see fit. Section 4. — Journal published. A journal of its proceed- ings shall be kept and published annually, except such pro- ceedings as are had in secret session. Section 5. — How votes taken. Voting for officers shall be by ballot. All other voting shall be viva voce or by yeas and nays, as the Sovereign Grand Lodge may determine. The yeas and nays may be demanded by one-fifth of the representatives present, and shall be entered upon the journal. Section 6. — Questions — How decided. All questions shall be decided by a majority vote, except in such cases as a specific majority is required. ARTICLE XIV. Section 1. — Revenue of the Sovereign Grand Lodge. The revenue of the Sovereign Grand Lodge shall be as follows, viz.: 1. Fees for charters of Grand Lodges or Encampments or Subordinate Lodges or Encampments working under its immediate jurisdiction, thirty dollars. 2. Dues from State, District or Territorial Grand Lodges and Encampments, seventy-five dollars per annum for each vote they shall be entitled to in this Grand Lodge. 3. Dues from Subordinate Lodges or Encampments work^ ing under the immediate jurisdiction of this Grand Lodge, 5 per cent, on their receipts. 14 Constitution Sovereign Grand Lodge. 4. Proceeds of the sales of books, (Tards, diplomas, odes and certificates. ARTICLE XV. Section 1. — Qualifications for oflSce. To be an officer of this Sovereign Grand Lodge one nominated must have re- ceived the Grand Lodge and Grand Encampment degrees and be a member in good standing of a Subordinate Lodge and Encampment in good standing. Section 2. — Nomination and election. The nomination and election of officers shall take place on the same day, to- wit : The second day of the communication at which officers are to be elected. The nominations for each office shall be immediately succeeded by the election for the same and before the nominations and election for the next office. ARTICLE XVI. Section 1. — Members — How to visit. The members of the Order from each State, District or Territory under the juris- diction of this Sovereign Grand Lodge shall be entitled to admission into the Lodges or Encampments of every other State, District or Territory upon proving themselves accord- ing to the established work of the Order and the production of a proper card. Section 2. — Qualifications for membership. No person shall be entitled to admission to the Order except free white males of good moral character who have arrived at the age of twenty-one years, and who believe in a Supreme Being, the Creator and Preserver of the universe; provided, how- ever, that in Australia, New Zealand and other countries not on the continent of North America in which the Order has been or may hereafter be established, and a Grand Lodge or Grand Lodges formed, the qualifications as to age shall be left to local legislation. Section 3. — Admitted in another State only by consent. No citizen of one State, District or Territory wherein Lodges or Encampments are established shall be admitted to mem- Constitution Sovereign Grand Lodge. 15 bership in a Lodge or Encampment of another State, District or Territory without the previous consent of the Grand Lodge or Grand Encampment or Grand Master or Grand Patriarch of the State, District or Territory whereof such citizen is a resident. Section 4. — Admission of suspended or expelled members. A member of the Order suspended or expelled from a Lodge or Encampment in any jurisdiction or sovereignty shall not be admitted to membership in a Lodge or Encampment in another jurisdiction or sovereignty without the previously obtained consent of the Lodge or Encampment from which he is suspended or expelled; provided, however, that mem- bers suspended or dropped for the non-payment of dues only may be admitted to membership in another jurisdiction or sovereignty upon such conditions and under such rules and regulations as this Grand Lodge may have prescribed or may at any time adopt. Section 5. — Saloonkeepers, etc., not admitted. No saloon- keeper, bartender or professional gambler shall be eligible to membership in this Order. ARTICLE XVII. Section 1. — Compensation of oflficers and members. The officers and Grand Representatives (except such officers as receive stated salaries) shall receive a compensation for their services, to be fixed by law, and paid out of the treas- ury of the Sovereign Grand Lodge ; provided, that this Grand Lodge shall not allow a compensation (except such per diem as it may think proper) to any Grand Representative com- ing from a jurisdiction beyond the limits of the North American Continent. ARTICLE XVIII. Section 1.— Special Grand Representatives. With the previous consent and approval, from time to time expressed, of this Grand Lodge, the Grand Sire may accredit any officer or member of this Sovereign Grand Lodge as a special Grand 16 Constitution Sovereign Grand Lodge. Representative near the Grand Lodge of any sovereign jurisdiction in Odd Fellowship recognized by this Grand Lodge, and in such case the necessary expenses of such special Grand Representative's visit shall be defrayed from the treasury of this Grand Lodge. And any officer or mem- ber of any such foreign Grand Lodge, who may be duly accredited from the same as a special Grand Representative near this Grand Lodge, shall be admitted to a seat on the floor of this Grand Lodge and shall have a deliberative voice, but not a vote, in the proceedings thereof. ARTICLE XIX. Section 1. — By-Laws and amendment to. By-Laws in con- formity with this Constitution may be made, which shall not be altered or amended unless such amendment be proposed at a stated annual communication, and acted upon at the same session, but not on the day on which it is offered, and adopted by two-thirds of the votes given. ARTICLE XX. Section 1. — Constitution, the supreme law. This Constitu- tion, and the By-Laws which shall be made in pursuance thereof, shall be the supreme law of the Order and be binding upon the State, District and Territorial Grand Lodges and Grand Encampments under the jurisdiction of this Grand Lodge. ARTICLE XXI. Section 1. — Constitution, how amended. This Constitu- tion shall not be altered or amended except by a proposition therefor made in writing at a regular annual communication by one or more representatives from three different States, which shall be entered on the journal and lie over until the next regular annual communication. At the next regular annual communication after being offered such proposed alteration or amendment may be considered, and if agreed to by a vote of three-fourths of the members present, on a call of the yeas and nays, such proposed alteration or amend- ment shall become a part of this Constitution. By-Laws Sovereign Grand Lodge. 17 B Y=L A WS OF THE Sovereign Grand Lodge, I. O. O. F AS AMENDED TO 1905 INCLUSIVE. ARTICLE I. Petition for a Subordinate Lodge. Upon the petition of five brothers of the Order, of the Degree of Truth, or upon the application of twenty persons who are eligible to mem- bership under the laws of the Order, praying for a charter to institute a Subordinate Lodge in a State, District or Territory where a Grand Lodge has not been established, this Lodge may grant the same. Each Subordinate Lodge receiving a warrant from The Sovereign Grand Lodge of the Independent Order of Odd Fellows shall be instituted by a Past Grand of the Order, regularly deputed therefor by the Grand Sire, who shall deliver to such Lodge the warrant and charge-books, and shall at the institution thereof give all necessary instruction. Such Lodge shall be visited at least once a year by the Grand Sire or some Past Grand depu- tized by him for that purpose or by a District Deputy Grand Sire. ARTICLE II. Petition for a Subordinate Encampment. Upon the peti- tion of five Royal Purple members of the Order, in good standing, or five Scarlet Degree members of the Order, pray- ing for a warrant to institute an Encampment in a State, District or Territory where a Grand Encampment has not been established, this Grand Lodge may grant the same. Every Encampment receiving a warrant from this Grand Lodge shall be instituted by the Grand Sire or a qualified Patriarch, who shall deliver to such Encampment the war- rant and charge-books, and such instructions as may be 18 By-Laws Sovereign Grand Lodge. necessary. Such Encampment shall be Visited at least once a year by the Grand Sire or by some Patriarch deputized by him for that purpose or by the District Deputy Grand Sire. ARTICLE III. Subordinates under Sovereign Grand Lodge to report annually. Subordinate Lodges and Encampments working under the immediate jurisdiction of this Grand Lodge shall transmit to the Grand Secretary, annually, reports contain- ing the same information as is required from Grand Lodges and Grand Encampments by Article X of these laws. The report shall be accompanied by the dues in current money. ARTICLE IV. Ten Lodges and five Encampments may petition. Ten or more Subordinate Lodges, or five or more Encampments, located in any State, District or Territory where a Grand Lodge or Grand Encampment has not been established, having seven Past Grands or Past Chief Patriarchs, in good standing, may petition the Sovereign Grand Lodge of the Independent Order of Odd Fellows, in writing, praying for the charter of a Grand Lodge or Grand Encampment in such State, District or Territory, which, if approved of by a majority of the votes given, shall be granted, and such Grand Lodge or Grand Encampment shall be instituted by the Grand Sire or some qualified brother or Patriarch whom he shall deputize for that purpose; provided, that nothing contained in this article shall operate to prevent the Grand Lodge from entertaining and granting, or instructing the Grand Sire to grant in the recess, the application for a Grand Charter to any less number of Lodges or Encamp- ments who may regularly petition therefor, and accompany the petition with reasons which shall be deemed satisfac- tory for such grant, by two-thirds of the members of the Grand Lodge at any regular session. ARTICLE V. Petition for a charter. All applications for charters of Grand Lodges or Grand Encampments must be by a vote By-Laws Sovereign Grand Lodge. 19 of a majority of the Lodges or Encampments within the State, District or Territory, as follows: When ten or more Lodges or five or more Encampments shall agree in the opinion, that a Grand Lodge or Grand Encampment will contribute to the general interest, notice thereof shall be given to all the Lodges or Encampments in the State, Dis- trict or Territory, inviting them to meet for consultation at some convenient time and place. Each Lodge or Encamp- ment shall appoint one or more of its Past Grands, or Past Chief Patriarchs, or Past High Priests, as Representatives, to meet in convention, to consider the propriety of apply- ing for a Grand Charter, as well as to determine upon the place for the location of the Grand Lodge or Grand Encamp- ment (both of which questions shall be decided by a major- ity vote of the Lodges or Encampments represented). Should any Lodge or Encampment neglect or refuse to send a Rep- resentative, or should the Representative, from accident or other cause, fail to attend, it shall not operate to defeat the proceedings of such as may assemble. Each Subordinate Lodge or Encampment shall furnish to its Representative a statement, under the seal of the Lodge or Encampment, of the number of Past Grands or Past Chief Patriarchs, in good standing, belonging to it. At the meeting of these Representatives the votes shall be by Lodges or Encamp- ments, and the application shall be made in the following form: To the Sovereign Grand Lodge of the Independent Order of Odd Fellows: The petition of Lodge (or Encampment), No. 1, , No. 2, , No. 3, of respectfully represents that at present they work under warrants granted by your Body ; that at present they have Past Grands (or Past Chief Patriarchs) in good standing. They are of the opinion that it would be of advantage to the Order to establish a Grand Lodge (or Grand Encampment) in the They therefore pray your Body to grant a char- ter for a Grand Lodge (or Encampment) in the to be located at Witness our hands and seals, this day of , 19. . . A. B., Representative of No, 1. C. D., Representative of No. 2. E. F., Representative of No. 3. (A« amended 1893 S. G. L. Journal, 13686, 13694.) 20 By-Laws Sovereign Grand Lodge. ARTICLE VI. Expenses to be borne by the Subordinate. All traveling and other expenses of the Grand Sire, or of the Past Grand or Patriarch deputed by him to institute a Grand or Subor- dinate liodge or Encampment, shall be paid by such Lodge or Encampment. ARTICLE VII. Fee to accompany the petition. Applications for Grand or Subordinate Lodges or Encampments must be accompanied by the fee for the same, which shall be returned if the char- ter is not granted. ARTICLE VIII. All Grand Lodges to have seals. Each Grand Lodge and Grand Encampment shall have a Grand Seal, an impression whereof in wax shall be sent to the Grand Secretary and be deposited in the archives of the Sovereign Grand Lodge of the Independent Order of Odd Fellows. ARTICLE IX. Constitutions to be approved. The Constitution or amend- ments of each Grand Lodge or Encampment heretofore or hereafter chartered by this Grand Lodge immediately on its or their adoption sh^ll be forwarded to this Grand Lodge for its or their approval, if it shall be then in session, but if not then in session, then to the Grand Sire, who, during such recess, shall be fully authorized to act on, approve or reject such Constitution or amendments in the same manner as this Grand Lodge could, were it in session, subject to the subsequent final approval of this Grand Lodge. ARTICLE X. Annual reports to be made. Annual returns shall be made by each State, District or Territorial Grand Body, in which shall be embraced the names of the Grand Master and Grand Secretary or Grand Patriarch and Grand Scribe, the time and place of the next annual session, the number of Subordinates under its jurisdiction and the aggregate By-Laws Sovereign Grand Lodge. '21 membership in good standing in the same, as well as the aggregate number of initiations, reinstatements, admissions by cards, withdrawals by cards, expulsions and deaths, and the number suspended or dropped; the number of brothers relieved and the amount of such relief; the number of weeks' sick benefits paid; the number of widowed families relieved and the amount of relief; the amount paid for burying the dead; the amount paid for relief and education of orphans; amount paid for special relief; amount paid for total relief; the amount paid for the working or current expenses of Subordinates; the amount paid for expenses of the Grand Body ; receipts from dues; receipts from admis- sions and degrees; receipts from rents and from invested funds and total receipts. Forms of these reports shall be furnished by this Grand Lodge. Said returns shall be made to the Grand Secretary on or before the first day of April, and shall be accompanied with the dues thereon, in current money, at par in the city of Baltimore, Maryland. ARTICLE XI. No Subordinate in arrears allowed to vote. No Grand Lodge or Grand Encampment which shall fail or neglect to make its returns to the Grand Secretary on or before the first day of June, which shall be in arrears for money due to this Grand Lodge, shall be allowed to vote by its Repre- sentative or Representatives. And no Representative shall be entitled to more than one vote in election for Grand Offi- cers. ARTICLE XII. Membership in only one Lodge at a time. No person shall at the same time hold membership in more than one Grand and Subordinate Lodge and one Grand and Subordinate Encampment, nor shall any Lodge or Encampment confer degrees upon any member of another Lodge or Encampment without the consent of the Lodge or Encampment to which the member belongs, given under its seal. 22 By-Laws Sovereign Grand Lodge. ARTICLE XIII. ' Organization of new Grand Bodies. When a Grand Lodge or Grand Encampment shall have been duly chartered in any State, District or Territory, all the Lodges and Encamp- ments in said State, District or Territory working under the jurisdiction of the Sovereign Grand Lodge of the Independ- ent Order of Odd Fellows shall thereafter be declared subordinate to and under the jurisdiction of the Grand Lodge or Grand Encampment of the State, District or Ter- ritory in which they are located ; and no Lodge or Encamp- ment situated in one State, District or Territory can be made subordinate to the Grand Lodge or Grand Encamp- ment of another State, District or Territory; provided, however, that any Subordinate Lodge or Encampment, work- ing under the immediate jurisdiction of the Sovereign Grand Lodge of the Independent Order of Odd Fellows in any State, District or Territory, may, at its own request, be made subordinate to any contiguous State Grand Lodge or Grand Encampment. ARTICLE XIV. Visiting — Deposit of card. No brother can be admitted to visit or deposit his card in a Lodge or Encampment out of the State, District or Territory where he resides, unless he presents a card as furnished under the signatures of the proper officers and seal of the Lodge or Encampment of which he is a member, and signed on the margin in his own proper handwriting, and prove himself in the A. T. P. W., and in the degree in which the Lodge is open ; provided, neverthe- less, a brother may always visit if introduced by a Grand Representative, or any elective officer of the Grand Lodge or Grand Encampment within whose jurisdiction he wishes to visit, or by a District Deputy Grand Sire in jurisdictions where no Grand Body exists. Grand Representatives of either branch being hereby authorized to introduce visiting brothers into both Subordinate Lodges and Encampments in their several jurisdictions; but in all such cases the presid- ing officer of the same shall be satisfied that the brother introducing such a visitor is a Grand Representative of By-Laws Sovereign Grand Lodge. 23 the jurisdiction to which said Lodge or Encampment belongs. And, provided, further, that the holder of a dismissal cer- tificate regularly issued by a Lodge or Encampment may deposit the same in any other Lodge or Encampment, as the ease may be, under such rules and upon such conditions as the jurisdiction in which it is offered for deposit may pre- scribe ; but he shall not be required to be in possession of the A. T. P. W., nor can he visit a Lodge or Encampment by virtue of such certificate. And, provided, further, that Grand Representatives, elective officers of a Grand Lodge and elective officers of a Rebekah Assembly may introduce visiting members from another jurisdiction into Rebekah Lodges within their jurisdiction under the limitations of existing law. ARTICLE XV. Appointment and duties of District Deputy Grand Sires. At each annual session the Grand Sire shall appoint in each State, District or Territory in which there is not a Grand Lodge or Grand Encampment, one or more officers to be styled District Deputy Grand Sires, whose duty it shall be to act as the special agents of this Grand Lodge in relation to the matter herein specified, namely : 1. To act for the Grand Sire, and by his direction to per- form whatever may have been ordered to be done by the Sovereign Grand Lodge of the Independent Order of Odd Fellows in the particular district for which the District Deputy Grand Sire may be appointed. 2. To act as the Representative of this Grand Lodge and perform all such matters relating to the Order in his dis- trict as the Grand Sire shall direct. 3. To obey all special instructions of the Grand Sire in relation to anything which that officer is required to do for the good of the Order. 4. To act as the agent of the Grand Secretary, and to obey the special directions of that officer. 5. To have a general supervision over all Subordinate Lodges and Encampments in his district which work under 24 By-Laws Sov|£reign Grand Lodge. charters granted by the Sovereign GranS Lodge of the Inde- pendent Order of Odd Fellows. 6. To make semi-annual reports of his acts and doings to the Grand Sire. 7. District Deputy Grand Sires shall in no case inter- fere as officers of this Grand Lodge with the State Grand Lodges or Grand Encampments. 8. To qualify a brother for the appointment of District Deputy Grand Sire he must be a regular contributing mem- ber of a Subordinate Lodge and Encampment, and must have attained the rank of Past Grand and of the royal purple de- gree, and in States where Grand Encampments may be estab- lished he must also be a member of such Grand Encampment. The appointment of District Deputy Grand Sires shall bo made at each annual session, to continue for one year, but they may be removed for cause by the Grand Sire during recess. 9. The Grand Sire shall have power to fill by appoint- ment all vacancies that may occur during the recess of the Grand Lodge from resignation, sickness or disability or other causes, which are not provided for by the Constitu- tion, such appointments to last until filled by election or otherwise, as provided by law for the election or appoint- ment of such officers. ARTICLE XVI. Grand Representatives to be examined. The Representa- tive or Representatives of each Grand Lodge and Grand Encampment shall be examined by the Deputy Grand Sire as to their qualifications for the office previous to taking seats in the Sovereign Grand Lodge of the Independent Order of Odd Fellows, and on taking their seats each shall be fur- nished by the Grand Secretary with a copy of the Consti- tution, Rules of Order and Laws of this Grand Lodge. ARTICLE XVII. To be furnished with documents. Each State, District and Territorial Grand Lodge or Grand Encampment shall furnish its Representative or Representatives with all docu- By-Laws Soverkign Grand Lodge. 25 ments and papex's necessary in the discharge of the duties of their office. ARTICLE XVIII. Proceedings of Sovereign Grand Lodge to be furnished. Each State, District^ and Territorial Grand Lodge shall annually be furnished with as many copies of the Journal of Proceedings of this Sovereign Grand Lodge as it has Subordinate Lodges, and ten copies for the use of such Grand Lodge. Each Grand Encampment shall be furnished in the same manner. Each Rebekah Assembly and each Depart- ment Council shall be furnished with fiv« copies each for the use of said bodies. Each Grand Representative shall be furnished with five copies, and "each Grand Officer and each Past Grand Sire with one copy of such Proceedings, and each Lodge working under a charter from the Sovereign Grand Lodge shall also be furnished with a copy. The Grand Secretaries and Grand Scribes shall notify the Grand Secretary of the Sovereign Grand Lodge within fifteen days after October 1st of each year how many Lodges or Encampments there were in his jurisdiction on said date, and the Grand Secretary of the Sovereign Grand Lodge shall be governed by the figures received in sending out the journals of proceedings. In case he receives no com- munication from the Grand Secretary or Grand Scribe, he shall be governed by the figures in his last report to the Sovereign Grand Lodge. ARTICLE XIX. Dues paid to Grand Secretary. All dues and 'moneys for this Grand Lodge shall be paid to the Grand Secretary, and by him be immediately paid over to the Grand Treasurer, who shall give his receipt for the same. ARTICLE XX. Work adhered to — No other to be used. All State, Dis- trict and Territorial Grand Lodges and Grand Encamp- ments and Department Councils shall enforce upon their Subordinates a strict adherence to the work of the Order, 26 By-Laws Sovereign Grand Lodge. according to the forms furnished by tfie Sovereign Grand Lodge of the Independent Order of Odd Fellows, and shall be held responsible for any irregularities that they may allow Tinder their jurisdictions. Th^y shall neither adopt nor use, or suffer to be adopted or used, in their jurisdic- tion any other charges, lectures, degrees, ceremonies, forms of installation or regalia than those prescribed by the Sov- ereign Grand Lodge of the Independent Order of Odd Fellows. ARTICLE XXI. Prayer in opening and closing. All Grand and Subordi- nate Lodges and Encampments under this jurisdiction may at all times open and close their meetings with prayer. ARTICLE XXII. 1. Regalia described. The regalia of the Order shall be as follows, to-wit: Collars of Subordinate Lodges shall be white, trimmed with the emblematic color of the degree intended to be represented, namely: First Degree, pink; Second Degree, blue; Third Degree, scarlet; Initiatory De- gree, a plain white collar. Rosettes of the appropriate color may be worn upon the collar. Among those who may have attained the Royal Purple Degree, rosettes composed of black, yellow and purple may be worn on the collars, either in connection with the other colors or as a separate rosette. The Noble Grand, Secretary and Treasurer shall each wear a scarlet collar trimmed with white or silver; the Vice- Grand, a blue collar trimmed in like manner. Supporters of the Noble Grand and Vice-Grand shall wear sashes of the colors of those officers, respectively; Warden and Con- ductor, black sashes ; Scene Supporters, white sashes ; Chap- lain, white sash ; Outside Guardian, scarlet sash ; Inside Guar- dian, scarlet sash. The position of each officer shall be indi- cated by the jewel of the office. The above shall apply to all Lodges that may be hereafter instituted, and to all Lodges that shall hereafter procure new regalia. 2. Past Grands shall wear scarlet collars or sashes trimmed with white. The collars or sashes may be trimmed By-Laws Sovereign Grand Lodge. 27 with silver lace or fringe, and those having attained the Royal Purple Degree may have trimmings of yellow metal. 3. The Grand Officers and Past Grand Officers of Grand Lodges shall wear the regalia of Past Grands, as above defined. 4. The Encampment regalia shall be as follows: Patri- archal Degree, a plain black collar; Golden Rule Degree, a black collar trimmed with yellow; Royal Purple Degree, a purple collar trimmed with yellow lace or fringe; Past Chief Patriarch, same as Royal Purple Degree, with crossed crooks on right and the letters ''P. C. P." on left side of collar. All collars not to exceed four inches in width. 5. Past High Priests, who are Past Grands and members of a Grand Encampment, may wear the combined regalia now authorized to be worn by Past Chief Patriarchs. 6. The regalia for Grand .Representatives shall be a col- lar of purple velvet, not more than four inches in width, with a roll of scarlet velvet, the trimmings to be of white and yellow metal, and the collar to be united in front with three links, to which may be suspended such medal or medals as the member may be entitled to wear. 7. Past Grand Representatives and the officers and Past officers of the Sovereign Grand Lodge of the Independent Order of Odd Fellows shall wear the regalia above described tor Grand Representatives. 8. The jewel of the Grand Sire and Past Grand Sires shall be a medal three inches in diameter, of yellow metal, on one side of which shall be the coat of arms of the United States, surrounded by an ornamental edging of silver. 9. Grand Representatives and Past Grand Representa- tives shall be entitled to wear medals of the size and style above, with the coat of arms of the State represented. 10. The regalia for Past Grand Patriarchs shall be a royal purple collar of velvet not to exceed five inches in width, trimmed with yellow metal lace, fringe and tassels, 28 By-Laws Sovereign Grand Lodge. with crossed crooks and a dove with olive branch on the face of collar, and yellow lace and fringe around two-thirds of the length of the neck of the collar. 11. The regalia for a Past Grand, who is also a Past Chief Patriarch, may, in lieu of any other regalia to which he maj^ be entitled, be a scarlet collar, trimmed with white, the collar not to be more than five and a half inches wide, with a roll of purple two inches wide, trimmed with yellow, the collar to be united in front with three links. The above- described regalia may be worn by a brother who has passed the chairs in a Lodge and in an Encampment, in any Grand or Subordinate Lodge or any Grand or Subordinate Encamp- ment. The collar may be of scarlet velvet, with white metal trimmings, and the roll of purple velvet, with yellow metal trimmings. At sessions of Grand Bodies, in lieu of regalia hereinbefore described, a ribbon may be worn of the color of the highest degree the member has attained, having attached thereto any jewel which he is entitled or required to wear; provided, that Grand Bodies may adopt a badge of uniform size and design, the color to conform with existing regu- lations. ARTICLE XXIII. Conferring Grand Lodge Degree. State Grand Lodges are prohibited from conferring the Grand Lodge Degree for a pecuniary consideration with a view of increasing their revenue, or for any other consideration except the regular performance of the duties of the Noble Grand's chair, the said degree having been designed as a reward for faithful service in the Subordinate Lodges. ARTICLE XXIV. Regalia, by whom worn. Past officers of every descrip- tion, and members in possession of the Encampment De- grees, and all other members of the Order, when visiting Grand or Subordinate Lodges, and when attending the meet- ings of the Lodge of which they are members, are entitled to wear the regalia and jewels pertaining to the highest degrees which they may have taken. By-Laws Sovereign Grand Lodge. 29 ARTICLE XXV. The Annual Traveling Password, when used. The Annual Traveling Password is primarily designed for the use of brethren who are traveling beyond the limits of the juris- diction to which they belong, but may also be used in the jurisdiction to which brothers belong who have received it in good faith for said primary purpose; and in order that each brother may be properly instructed in it, and visiting brethren from other jurisdictions be properly exam- ined, the two highest elective officers of a Lodge, and the Chief Patriarch and Senior Warden of an Encampment, are to be privately put in possession of the word, at the time of their installation, that they may be qualified either to give or receive it. The Grand Master and Grand Patriarch of a State, and their regular deputies, should also be in pos- session of it. ARTICLE XXVI. Fiscal year — Annual reports. The fiscal year of this Grand Lodge shall commence on the first day of January and ter- minate on the thirty-first day of December, and all Grand and Subordinate Lodges and Encampments shall make their annual reports as required by Article X, to correspond with the fiscal year. ARTICLE XXVII. Failure to make returns. The Subordinate Lodges and Encampments working under the immediate jurisdiction of this Grand Lodge, which fail to make their returns for one year, shall forfeit their charters, and whenever such remiss- ness occurs, the Grand Sire shall take proper measures to enforce the law. ARTICLE XXVIII. 1. The Committee on Printing Supplies. There shall be appointed at each annual session, immediately before the final adjournment, a Committee on Printing Supplies, to consist of five members, including the Grand Secretary and the Grand Treasurer. 30 By-Laws Sovereign Grand Lodge. 2. The members of the committee shall hold their respec- tive positions until the following annual session. The com- mittee shall have power to sit during the recess, and shall report in detail at each annual session of the Grand Lodge. Vacancies that may occur in the meantime shall be filled by the Grand Sire. 3. The committee shall organize by the election of a chairman and a secretary, and shall hold a session immedi- ately after the final adjournment of the Grand Lodge, and afterward upon the call of the chairman, but not oftener than four times within twelve months. They shall be enti- tled to such mileage and per diem as this Grand Lodge may, from time to time, determine. 4. The Committee on Printing Supplies shall have power and authority to contract for all the necessary printing of the Grand Lodge, and for the furnishing of all needed sup- plies for the office of Grand Secretary, and for all materials and work which may be required in said office, in such manner and upon such terms as the committee shall deem for the best interests of the Grand Lodge ; provided, however, the Grand Sire shall have full power and authority to have printed, under his supervision, his annual report. 5. The committee shall keep a journal of its proceed- ings, and open such books of accounts and of printing sup- plies as shall show at any time the quantity of supplies on hand, and the amount ordered by the committee, and adopt such regulations in relation to the supply stock as they shall deem necessary. 6. All bills for printing supplies, materials furnished, or for work done by authority of the committee, shall be audited and passed upon by the Committee on Printing Supplies, and, unless thus approved, shall not be paid unless the Grand Lodge shall order otherwise. 7. All provisions of law heretofore adopted that are in conflict with the foregoing are hereby declared to be re- pealed. Br-LAWs Sovereign Grand Lodge. 31 ARTICLE XXIX. Inquiries as to laws of the Order. The Sovereign Grand Lodge of the Independent Order of Odd Fellows will neither entertain nor consider any inquiry as to what are the laws or usages of the Order, unless the same be brought before the body by an appeal from the decision of a Lodge or Encampment, or unless the same be presented by a Grand Lodge or Grand Encampment. ARTICLE XXX. By-Laws, how amended. No resolution, order, or other action of the Sovereign Grand Lodge of the Independent Order of Odd Fellows shall operate to change, alter or amend any of these By-Laws, unless said resolution, order or other action shall, upon its face and by its terms, assume to make such change, alteration or amendment, and shall state distinctly the particular By-Law to be affected. ARTICLE XXXI. Inconsistent laws repealed. All former laws and regu- lations inconsistent with the provisions of these general laws are hereby repealed. 32 Constitution Gra.nd Lodge of California. CONSTITUTION OF THE GRAND LvODGE OF THE INDEPENDENT ORDER OF ODD FELLOWS OF THE STATE OK CALIFORNIA. PREAMBLE. Whereas, The Sovereign Grand Lodge of the Inde- pendent Order of Odd Fellows, possessing original and exclu- sive jurisdiction — the source of all true legitimate authority in Odd Fellowship in the United States of America— did by it^ warrant, bearing date the eighth day of March, in the thirty-fourth year of our Order, grant authority to certain Past Grands of the Order, resident in the State of California, to form a Grand Lodge of the Independent Order of Odd Fellows, to be known and hailed by the name, style and title of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, giving and granting to them and their successors, by the name, style and title afore- said, full power and authority to grant warrants for open- ing Lodges subordinate to it, for the propagation of the established principles of the Order, with power and author- ity, also, to cause all honorary and the first three degrees of the Order to be conferred on deserving members, accord- ing to the laws, customs and ancient usages of the Independ- ent Order of Odd Fellows, and as the Grand Legislative Head of the Order in the State of California, to have and to exercise full power and authority to enforce upon its subordinates a strict adherence to the laws of the Order, Constitution Grand Lodge of California. 33 and to make and establish such rules for their government, as, in the opinion of said Grand Lodge, may be for the advancement of the Order, and in conformity to the direc- tions of the Sovereign Grand Lodge of the Independent Order of Odd Fellows. Now, therefore, we, the Past Grands, residing within said jurisdiction, do hereby make and declare the following as the Constitution of the Grand Lodge of the Independent Order of Odd Fellows, for the State of California: ARTICLE I. Section 1. — Title. This Grand Lodge shall be known by the name, style and title of ^'The Grand Lodge of the Inde- pendent Order of Odd Fellows of the State of California," and shall be composed of all Past Grands, who are contrib- uting members of Lodges subordinate to this Grand Lodge, and in good standing, and who have been admitted as required by this Constitution. Sec. 2. — Jurisdiction. The Grand Lodge has jurisdiction in Odd Fellowship over the territory known as the State of California, and over all Subordinate Lodges situated within said State, or working under the authority of the same, and is the Supreme Tribunal of the Order in this jurisdiction. Sec. 3. — Past Grands. To entitle a Past Grand to be admitted to the Grand Lodge, he must produce satisfactory evidence that he is such, and is a contributing member in good standing of a Lodge subordinate to this Grand Lodge at the time of his admission. ARTICLE n. Section 1. — Sessions. The Grand Lodge shall hold regu- lar annual communications at the City of San Francisco, to begin on the second Tuesday of May of each year, at 9 o'clock a. m., and shall continue to meet at such hours as may be agreed upon, from day to day, consecutively (Sun- days excepted), until the close of the session. 3 34 Constitution Grand Lodge of California. Sec. 2. — Business — Right to vote or speak. The business of the Grand Lodge shall be transacted by the elective offi- cers of the Grand Lodge, Past Grand Masters of this Grand Lodge, and the Representatives elected in the manner here- inafter provided. All Past Grands in good standing who have received the Grand Lodge Degree may be present at the session, but none except officers of, Past Grand Masters of, and Representatives to, the Grand Lodge shall have the right to serve on committees or to vote, or, without permis- sion, to speak on any subject at the session. Sec. 3. — Representatives. Every Subordinate Lodge shall be entitled, in this Grand Lodge, to one Representative for its members of fifty or under; also, one Representative for every fifty members over and above said first number of fifty, and one for every fraction exceeding thirty members in good standing. Representatives must be Past Grands in good standing, and shall be elected by the Lodge at any regular meeting within two months previous to each annual communication, to serve one year from the beginning of said annual communication. Vacancies may be filled at any time, to serve the remainder of the term. Sec. 4. — Votes. Each elective officer, except the Grand Master, who is not also a Representative, and each Repre- sentative, shall be entitled to one vote. The Grand Master shall be entitled to vote in all cases of a tie. In case of the absence of any Representative, the Representative of his Lodge present may cast the vote of the absentee. In the selection of Grand Officers, each Past Grand in attendance at the annual communication shall be entitled to one vote only. Sec. 5. — Special Sessions. Special sessions shall be called by the Grand Master on application, by resolution under seal, of ten Subordinate Lodges. Special sessions may also be called at the option of the Grand Master. Such sessions shall be for the transaction of extraordinary business only, which shall be specified in the call, and not less than thirty days' notice shall be given by letter to each Representative; Constitution Grand Lodge of California. 35 which thirty days shall begin from the date on which said letters are mailed. Such special sessions shall be held at the place of meeting of the last previous annual communication. Special sessions may also be called at the option of the Grand Master, at such time and place as he may deem advis- able; at which session no business of any kind shall be transacted except the conferring of the Grand Lodge De- grees, Past Official Degrees, and the exemplification of the work; always provided that such special session shall not be held unless either the Grand Master, Deputy Grand Mas- ter or Grand Warden and Grand Secretary of this Grand Lodge shall be present. Sec. 6. The Grand Lodge cannot be opened unless Repre- sentatives from ten Lodges are present. ARTICLE IIL Section 1. — Officers. The elective officers of the Grand Lodge shall be: 1st. Grand Master. 2nd. Deputy Grand Master. 3rd. Grand Warden. 4th. Grand Secretary. 5th. Grand Treasurer. 6th. Grand Representatives to the Sovereign Grand Lodge. 7th. Three Trustees. 8th. Five Trustees of the Odd Fellows' Home, for a term of five years, one of whom shall be elected each year to suc- ceed the Trustee elected under the resolution of the Grand Lodge at the session of May, 1893, as the several terms for which said Trustees were elected shall expire. Sec. 2. — Appointed Officers. The Appointed Officers shall be: Grand Chaplain. Grand Marshal. Grand Conductor. Grand Guardian. Grand Herald. District Deputy Grand Master for each district. 36 Constitution Grand Lodge of California. Sec. 3. — Election. The election for elective officers of the Grand Lodge shall be held at 10 o'clock a. m. on the third day of the session, by ballot, in the following manner : When open in that order of business, each Past Grand present having the privilege to nominate, there shall be provided a ballot box in which to deposit the ballots, and all shall pro- ceed to vote; and when all have voted that wish, the Grand Master shall proclaim the ballot closed. Nominations shall be made for all offices to be filled before balloting for any is commenced. After the nominations, and before balloting conunences, there shall be appointed by the Grand Master four tellers for each office for which there is more than one person in nomination. The Grand Lodge shall then imme- diately proceed to successively ballot for each and every office to be filled, and the tellers appointed for the respective contests shall receive the votes on such contest and shall retire to the ante-room, or to some part of the Grand Lodge room where they will not interfere with the business of the Grand Lodge, where they shall publicly count and canvass the votes, and shall, immediately upon the conclusion of the same, report the result thereof to the Grand Lodge. While the tellers are counting and canvassing the votes, the Grand Lodge may proceed with its other business, and it shall always be in order to receive the report of the tellers and declare the result thereof, and immediately take another ballot if no election has resulted, which ballot shall be con- fined to the three having the greatest number of votes (pro- vided there are three votfid for), and if there then be no choice, the ballot shall be confined to the two receiving the greatest number of votes. Any Past Grand qualified, having received a majority of votes, shall be declared elected, and shall be installed into his respective office on the last day of the session ; provided, that in all cases where only one person is in nomination for an office, the election may be held riz'a voce. . . Provided, also, that the Grand Lodge may, after a four-fifths vote, install any officer or officers at any time after his election, but the duties of said officer or officers shall not commence until the last day of the session. Constitution Gkand Lodge of California. 37 Sec. 4. — Eligibility. No one shall be eligible for any- elective Grand office unless he is qualified to become a mem- ber of the Grand Lodge, and has attained such degrees as by virtue of his office he may confer upon others. Sec. 5. — Appointed Officers. The appointed officers shall be appointed by the Grand Master, by and with the consent and approval of this Grand Lodge, after his installation. ARTICLE IV. Section 1. — Duties and Powers of Grand Master. The Grand Master shall preside at all sessions of the Grand Lodge, and preserve order therein, and enforce a due observ- ance of the Constitution and By-Laws of the Sovereign Grand Lodge, and of this Grand Lodge. All questions of order, and all decisions made by him on any point growing out of the Constitution or By-Laws of this Grand Lodge, shall be subject to appeal from his decision to the Grand Lodge; and it shall be his duty to put the question on all such appeals to the Grand Lodge. He may appoint all Grand Officers pro tem., and all committees not otherwise provided for in this Constitution, or ordered by the Grand Lodge. He shall give the casting vote in all cases where the votes are equally divided, except in cases of election of officers. When any demand shall have been approved by a majority of the Finance Committee, he shall order the Grand Treasurer to pay the same. He may grant dispensations — 1st. To confer degrees on a member without delay. 2nd. To allow members of the Order to appear in public in regalia. 3rd. To allow Lodges to apply to other Lodges for assistance. 4th. To allow Lodges to admit to membership persons who reside near some other Lodge. 5th. To authorize the installation of officers in public. 6th. To give entertainments for the benefit of the Order. 38 Constitution Grand Lodge of California. 7th. To authorize the balloting for -and initiation of a candidate at the time his proposition is presented to the Lodge. 8th. To allow Subordinate Lodges to change their place of meeting. 9th. To allow a brother to be reinstated after expulsion. 10th. To institute Lodges and authorize them to work as such until the next session of this Grand Lodge. 11th. To Relief Committee to apply to Lodges for assist- ance, or to give entertainments in the name of the Order, subject to the rules and restrictions governing Subordinate Lodges. 12th. To empower Subordinate Lodges to elect Scarlet- Degree members to any office in such Lodge; provided all qualified brothers refuse to serve. He may, in person, confer the Past Official Degrees; and when present at a special meeting of a Subordinate Lodge, he may exercise the powers conferred on him by the first and seventh subdivisions of this section. He shall decide all appeals on questions of law which may be made to him from thje decisions of his Deputies. He shall receive and act upon all complaints which may be made to him against his Depu- ties or Lodges. He shall give such instructions from time to time, in the work of the Order, to the Deputies or to the Lodges, as may be necessary. When officially visiting Subor- dinate Lodges, he shall be received with the honors of the Order. In case of the loss or destruction of a charter belonging to a Lodge, the Grand Master and Grand Secretary shall, on proper notification, issue at once another charter to said Lodge. Sec. 2. — Duties of Deputy Grand Master. The Deputy Grand Master shall support the Grand Master in presiding, and in his absence shall occupy the chair for him. In the event of a vacancy in the office of Grand Master, the Deputy Grand Master shall become Grand Master for the balance of the term, and receive the honors of a full term. Constitution Grand Lodge of California. 39 Sec. 3. — Duties of Grand Warden. The Grand Warden shall assist the Grand Master in conducting the business of the Grand Lodge. He shall, under the Grand Master, have special charge of the door, and in the absence of the Grand Master and Deputy Grand Master, he shall preside. Sec. 4. — Duties of Grand Secretary. The Grand Secretary shall make a just and true record of the proceedings of the Grand Lodge at every session, and transmit, as soon as prac- ticable after the close of the annual session, to the Subordi- nate Lodges, each one copy thereof. He shall keep the accounts between the Grand Lodge and its Subordinates, receive all moneys coming therefrom, and pay the same over to the Grand Treasurer weekly. He shall issue all necessary notices and circulars to Subordinates, Representatives and officers. He shall provide all stationery for the use of the Grand Lodge, and superintend such printing as the Grand Lodge shall direct. He shall perform such other duties as are herein provided for, or that may be ordered by the Grand Lodge. He shall receive such salary as may be fixed upon at each annual session, which shall be paid monthly. Sec. 5. — Duties of Grand Treasurer — Finance Committee. The Grand Treasurer shall receive and receipt for all moneys belonging to or placed in his charge by this Grand Lodge, and deposit the same immediately on receipt thereof by him in some bank to be designated to him in writing by the Finance Committee of this Grand Lodge, in the name of and to the credit of this Grand Lodge. He shall pay all orders drawn on him by the Grand Master, under seal of the Grand Lodge, by check or draft on said bank, signed by said Grand Treasurer, and countersigned by the Grand Secretary with the seal of the Grand Lodge affixed thereto. Each month the Grand Treasurer shall furnish to the Grand Master an account of all moneys received during the month, and a bank tag showing the amount of money in bank to the credit of the Grand Lodge. The Finance Committee shall have the power to change the bank where such money shall be de- posited; and, in ease of a change, the committee shall be charged with the duty of seeing that their directions as to 40 Constitution Grand Lodge of California. change of deposit are carried out. The Grand Treasurer shall attend all regular sessions, of this Grand Lodge. He shall keep his accounts in such a manner as will exhibit the sources and amount of receipts, and to whom paid; have his accounts closed up on the 31st day of March, annually, and submit them to the Finance Committee; he shall produce, for the examination of said Finance Com- mittee, the funds in his hands, or the evidence of the deposit thereof in said bank ; and shall annually report to this Grand Lodge a full and true account of all moneys received and paid out by him. The Graind Treasurer's account and books, in- cluding the bank book, shall af all times be open and subject to the inspection of the Grand Master, the Finance Commit- tee, or the Trustees, or either of them, of the Grand Lodge. Sec. 6. — Duties of Trustees. The Trustees shall, imme- diately after their election, and qualification by giving a bond as hereinafter provided, organize as a Board, with a President and Secretary, and shall hold in trust such funds, stocks, bonds, securities, investments, and other property, as the Grand Lodge may from time to time place in its cus- tody and control, or which may otherwise come into its possession, and shall transfer, exchange or deposit the same, or any part thereof, as the Grand Lodge may direct. The Board shall keep a full and correct account of all moneys received, expended or invested, and report, in writing, to the Grand Lodge at each annual session, the business trans- acted by the Board during the term, together with a par- ticular statement of the funds and investments belonging to the Grand Lodge, which shall be carefully examined by the Finance Committee, in the same manner as the funds and accounts of the Grand Treasurer are required to be exam- ined. The Board shall provide accommodations for the annual session of the Grand Lodge; perform such other duties as may be required by the customs and usages of the Order. The Trustees shall also, at least twice a year, and at such other times as they may deem necessary, examine the books, accounts and vouchers in the hands of the Grand Secretary, and also count the money and examine the books and vouchers in the hands of the Grand Treasurer. Constitution Grand Lodge of California. 41 Sec. 7. — Duties and powers of District Deputy Grand Master. The District Deputy Grand Master shall, in the absence of the Grand Master, install the officers of all Lodges in his district, and enforce a due observance of the Consti- tution, By-Laws and resolutions of the Grand Lodge; be the organ of the Grand Master with the Subordinates in his jurisdiction; have power to grant dispensations to Lodges in his district for the election of any Third-Degree member of the Lodge to any office in such Lodge, in case all qualified members refuse to serve; for holding public installations of officers, and for the giving of social parties in the name of the Order; he shall see that the work of the Order is per- formed uniformly; confer official degrees on Past Grands;, collect from Lodges in his district all returns and money due the Grand Lodge, and forward them immediately to the Grand Secretary; decide all questions of law that may be submitted to him by the Lodges under his charge; he must report immediately all such decisions to the Grand Master for his approval, and report annually to the Grand Master all other proceedings had or taken by him; he shall forth- with report to the Grand Master all cases of violation, on the part of the Subordinates, of the Constitution and By-Laws of the Grand Lodge or disobedience to his lawful commands. Sec. 8. — Duties of appointed officers. The appointed officers of this Grand Lodge shall perform such duties as are required by their charges and the usages of the Order. Sec. 9. — Official bonds and surety company. The Grand Secretary, Grand Treasurer, Grand Trustees, and Trustees of the Odd Fellows' Home, before entering upon the dis- charge of the duties of their respective offices, shall execute and deliver to the Grand Master, a good and sufficient bond, payable to the Grand Master and to his successor in office, in .such penal sum as the Grand Lodge shall fix at the annual meeting when such officers are elected, conditioned for the faithful performance of their respective duties. The- pay- ment of the penalty fixed by such bonds shall be guaranteed by some reliable surety company, and the expense of pro- curing the said bonds shall be paid by the Grand Lodge. 42 Constitution Grand Lodge of Calefornia. ARTICLE V. ' • Section 1. — Removal of officer. Any Grand Officer may- be removed from his office by the Grand Lodge for miscon- duct or neglect of duty; but he shall be entitled to a fair trial, and two-thirds of the votes of the members present shall be necessary for removal. Sec. 2. — Trial. Whenever the Grand Master, or officer acting as such, shall be on trial, or whenever a resolution for the removal of the Grand Master, or officer acting as such, shall be submitted, the Grand Lodge may direct any Past Grand Master, in case the Deputy Grand Master or Grand Warden are incapacitated, to occupy the chair. Sec. 3. — Expulsion. Any member may be expelled from the Grand Lodge, as such, for misconduct, on the vote of two-thirds of the members present at any meeting, after a copy of the resolution of expulsion shall have been served upon him. Sec. 4. — Vacancies in office. The Grand Master may sus- pend a District Deputy Grand Master from office for neglect of duty, and vacancies in such office, from any cause, shall be filled by the Grand Master. Vacancies in the other Grand offices, except that of Grand Master, shall be filled by the Grand Lodge, if in session ; if not, then by the Standing Com- mittee, for the remainder of the term. Provided, that in case of vacancy in the office of Giiand Representative, or of Trustee of the Odd Fellows' Home, the appointee of the Standing Committee shall only hold until the succeeding session of this Grand Lodge. ARTICLE VI. Section 1. — Standing Committee. The elective Grand Officers, except the Grand Representatives and the Trustees of the Odd Fellows' Home, shall constitute the Standing Committee, to act in the recess of the annual session of the Grand Lodge, and perform such duties as may be assigned to them. Of said committee the Grand Master shall be the chairman, and he may call meetings thereof at his discretion. Constitution Grand Lodge of California. 43 Sec. 2. — Regular Committees. There shall be appointed at each annual session the following regular committees, from among the members present : 1st. Committee on Credentials. 2nd. Committee on Finance. 3rd. Committee on Correspondence. 4th. Committee on Appeals. 5th. Committee on Laws of Subordinates. 6th. Committee on Petitions. 7th. Committee on State of the Order. 8th. Committee on Legislation. 9th. Committee on Mileage. 10th. Committee on Printing. 11th. Committee on Rebekah Lodges. Sec. 3. — Credentials. The Committee on Credentials shall consist of five members, who shall be appointed by the Grand Master who is holding over, or the incumbent of the chair at the time of opening the session, and whose duty it shall be to examine and report to the Grand Lodge on the credentials and certificates of members. Sec. 4. — Finance Committee. The Committee on Finance shall consist of five members, who shall be appointed by the Grand Master, by and with the consent of the Grand Lodge, whose duty it shall be to examine and report on all accounts and claims against the Grand Lodge previous to their being passed for payment by the Grand Lodge ; but claims against the Odd Fellows' Home Fund shall be examined and audited by the Trustees of the Odd Fellows' Home, before payment, instead of by said Finance Committee, and be paid by war- rants drawn upon said Home Fund by the President or the Board of Trustees, countersigned by the Grand Secretary. Said Finance Committee shall examine the accounts of the Grand Secretary, Grand Treasurer, Trustees, and Trustees of the Odd Fellows' Home, annually, ascertain the amount of funds in the hands of each, and report the result of their examination, and the condition of the finances, and of each of the funds thereof, immediately thereafter to the Grand Lodge; also ascertain, and report at the commencement of 44 Constitution Grand Lodge of Califounia. each annual session, the amount required for the expenses o^the Grand Lodge, and of the Odd Fellows' Home, foi* the ensuing year, and suggest such measures of finance as they may deem expedient. Sec. 5. — Correspondence. The Committee on Correspond- ence shall consist of three members, whose duty it shall be to examine, conduct and report on all correspondence of the Grand Lodge, and to suggest any measure in the nature of the business of their appointment. Sec. 6. — The Appeal Committee. The Committee on Appeals shall consist of five members, who shall be appointed by the Grand blaster, by and with the approval of the Grand Lodge, whose duty it shall be to examine all appeals referred to them, and report thereon such action as may be proper in the Grand Lodge. All appeals taken from the action of the Subordinate Lodges shall, as fast as they are received by the Grand Secretary, be endorsed by him, over his signature, showing the date on which such appeal was received and filed, and such endorsed appeal shall then be immediately transmitted by the Grand Secretary to the Chairman of the Committee on Appeals, which committee shall examine all papers immediately after receiving them, and if the com- mittee shall find the papers defective in any essential par- ticular, or if they discover any error of law in the proceedings by reason of which the case must be decided on other grounds than its merits, they shall certify such fact to the Grand Secretary within ninety (90) days after the said papers are received by and filed with the Grand Secretary. The Grand Secretary shall forthwith send a copy of such certificate to appellant and respondent, and shall return the papers to the Subordinate Lodge, through which the appeal was taken, requiring it forthwith to correct the defects complained of, and return the amended papers to the Grand Secretary, who shall record thereon the date they are received by him, and he shall then immediately transmit the same to the Chairman of the said Committee on Appeals. It shall be the duty of the Committee on Appeals to consider all appeals submitted to them during the Constitution Grand Lodge of California. 45 fiscal year of this Grand Lodge, and on or before the fifteenth day of April of each year, they shall render . a decision on all appeals so submitted, and shall file with the Grand Secretary, on or before said last named date, a full copy of each decision rendered. The Grand Secretary shall forthwith transmit to the respective parties, appellant and respondent, the decisions so rendered. If an appeal shall be presented to the Grand Secretary after the close of the fiscal year and before the next succeeding annual session, the Committee on Appeals shall have discretion to report on the same during such succeeding annual session, or the appeal may be taken up and referred to the Committee on Appeals by a two-thirds vote of this Grand Lodge. When such appeal shall be so referred, the Committee on Appeals shall report on the same at the earliest practical day of the session during which such reference is made. Sec. 7. — Laws of Subordinates. The Committee on Laws of Subordinates shall consist of five members, whose duty it shall be to examine and report on the By-Laws of Subordi- nate Lodges referred to them, and also to examine and approve of the By-Laws of Subordinates that may be sub- mitted to them previous to being printed, and to make such alteration in the By-Laws as will make them conform to the laws and regulations of the Order, subject to the approval of the Grand Lodge. Sec. 8. — Petitions. The Committee on Petitions shall consist of five members, whose duty it shall be to examine all petitions referred to them, and report to the Grand Lodge such action thereon as may be proper. Sec. 9.— State of the Order. The Committee on State of the Order shall consist of five members, appointed in the same manner as the Finance Committee, who shall examine the reports of the Di.strict Deputy Grand Masters, and such other matters as may be referred to them, and report thereon to the Grand Lodge; and they shall annually present to the Grand Lodge an exhibit of the conditions and progress of the Order under this jurisdiction, and recommend such 46 Constitution Grand Lodge of California. measures for the good of the Order 'as from time to time they shall judge proper. Sec. 10. — Legislation. The Committee on Legislation shall consist of five members, who shall examine and report on ail proposed amendments of the Constitution, By-Laws, Rules of Order and Resolutions governing this Grand Lodge and such other matters as may be referred to them by the Grand Lodge or Grand Master. Sec. 11. — Mileage. The Committee on Mileage shall con- sist of five members, who shall, at each annual session of this Grand Lodge, ascertain what amount will be necessary to pay the mileage of the succeeding annual session, and to provide, in their report, for an assessment to be levied on the Subordinate Lodges of this jurisdiction for that purpose. Such assessment shall be levied upon each Subordinate in proportion to the number of its members returned in the semi-annual report thereof of December 31st of that year, and shall be on all members not suspended on that date. Said assessment shall be paid by the respective Lodges at the first meeting in January following, to the District Deputy Grand Master, or other officer authorized to receive the same, who shall remit it, without delay, to the Grand Secretary. Sec. 12. — Printing. The Committee on Printing shall consist of three members, consisting of the Grand Secretary and two members to be appointed at each annual session, of which the Grand Secretary shall be the Chairman. The Committee on Printing shall have the power and authority to contract for all the necessary printing of the Grand Lodge, and for the furnishing of all needed supplies for the office of the Grand Secretary, and for all materials and work which may be required in said office, in such manner and upon such terms as the committee shall deem for the best interest of the Grand Lodge. Sec. 13. — ^Rebekah Lodges. The Committee on Rebekah Lodges shall consist of five members, who shall be appointed by the Grand Master, by and with the consent of the Grand Constitution Grand Lodge of California. 47 Lodge, whose duty it shall be to examine into and report upon all matters relating to that degree, and to Lodges of that degree in this jurisdiction, as shall be referred to it. ARTICLE VII. Section 1. — Votes. Each elective officer, exrcept the Grand Master, shall be entitled to one vote. All questions and votes before the Grand Lodge, not in this Constitution other- wise provided for, shall be determined by a majority of the votes given, and when five of the. members call for a vote by yeas and nays, or when the same are in this Constitution required to be taken, they shall be so taken and recorded on the journal. ARTICLE VIII. Section 1. — Revenue. The revenue of this Grand Lodge sliall be raised for the purpose of defraying the necessary expenses thereof, and the necessary expense of support of aged and indigent Odd Fellows, their wives, widows and orphans, whenever they shall be supported at an Odd Fellows' Home, founded and maintained under the auspices, authorization or permission of this Grand Lodge, and the expense of furnishing and maintaining such Homes. Sec. 2. — Charter Fees. The fee for a charter for a Subor- dinate Lodge shall be thirty dollars, to accompany the appli- cation for a charter. Fifteen dollars for a Degree Lodge charter, and ten dollars for a Rebekah Lodge charter. Sec. 3. — Finance Committee and Assessments. At the regular annual sessions the Finance Committee shall ascer- tain what will be the deficiency for the current year to pay the estimated expenses of the Grand Lodge, and the amount of such deficiency shall be assessed upon each Subordinate Lodge, in proportion to the number of its members returned at the last semi-annual report thereof, ending June 30th of each year, said amount payable in July. The Finance Com- mittee shall also ascertain the deficiency for the current year to pay the estimated expenses of the Odd Fellows' Home, and the amount of such deficiency shall be assessed upon 48 Constitution Grand Lodge of California. each Subordinate Lodge, in proportion to its members, as shown by the semi-annual reports for each term, payable in July and January of each year, in such proportions as the Grand Lodge may determine. Said assessments shall be assessed upon the members not suspended at the dates above mentioned. Such assessment shall be paid to the District Deputy Grand Masters prior to the installation of officers, who shall remit the same to the Grand Secretary without delay. Sec. 4. — Installation and Reports. No Lodge under this jurisdiction shall be entitled to have its officers installed or to receive the traveling or term password until the semi- annual reports to the Grand Lodge shall have been placed in the hands of the installing officer. ARTICLE IX. Section 1. — Charter — New Subordinate Lodges. On the written application of five or more brothers of the Order who have attained the Third Degree, or on the application of twenty or more persons eligible for membership in the Order praying for a charter to open a Lodge, where there is no Lodge established, or on the application of seven or more brothers who shall have attained the Third Degree, or on the application of twenty or more persons eligible for membership in the Order for a charter to open a Lodge where there is one already established, the Grand Lodge may grant the same, and such Lodge shall receive its charter and the necessary charges and instructions from the Grand Master, or the Deputy Grand Master of the district, or by a Past Grand specially deputed ; all necessary expenses, if any, of the installing officers to be borne by the Lodge so opened ; provided, always, that the cards of the petitioners, or the certificate of the deposit thereof with the District Deputy Grand Master of the district, shall accompany the applica- tion ; provided, further, that the instituting officer shall have full power, upon any good reason being shown, on account of the unfitness of any of the petitioners for the charter, to erase the name of such person or persons from the list of Constitution Guand Lodge of California. 49 petitioners, and if the required number of petitioners remain on the list, he shall institute the Lodge with the remaining number of charter members. Sec. 2. — Application for charter. An application as pro- vided in the first section hereof shall be presented to the Grand Lodge, if in session; if not, to the Grand Master, through the Grand Secretary, who shall, on receipt thereof, if advisable, have power to issue a dispensation to open such Lodge, subject to confirmation at the next session of the Grand Lodge, in which case, if confirmed, a regular charter shall be issued. Sec. 3. — Semi-annual reports. At the end of each term every Subordinate Lodge shall report to the Grand Lodge the work thereof for such term, which shall include the full name, date of admission, age, occupation, and nativity of those initiated, admitted by card; as an Ancient Odd Fellow; rejected, withdrawn by card, reinstated, and de- ceased ; the names of those suspended and expelled, with the cause thereof; together with the number of degrees con- ferred, the whole number in membership, the amount of receipts, and the result of the election of officers, accom- panied by whatever amount may be due the Grand Lodge. Sec. 4. — Annual reports. At each annual session every Lodge shall report in addition, up to the first day of January, a full return of members, with their names ranked according to the degrees they have taken, and a statement of the number of brothers relieved, widowed families relieved and brothers buried, and amount of money applied to each of these purposes, designating the amount paid for the educa- tion of orphans. Sec. 5. — Constitution of Subordinates. The Constitution of Subordinate Lodges may be amended by submitting at a regular session of this Grand Lodge a proposition in writing, containing a copy of each section as proposed to be amended, which proposition shall be laid over until the next regular session of the Grand Lodge, when further amend- . ment or alteration of such section may be proposed and 50 Constitution Grand Lodge of California. acted upon, and if such section as finally amended receive the affirmative vote of two-thirds of the Representatives present, it shall be adopted ; provided, however, if a case of urgency be presented, the Grand Lodge may, by affirmative vote of three-fourths of the Representatives present, adopt an amendment at the same session at which it was offered. The Grand Secretary shall, on or before the first day of March of each year, mail a printed copy of all proposed amendments to each Subordinate Lodge. Sec. 6. — Consolidation of Lodges. Whenever two Lodges desire to consolidate and form one Lodge, each for itself shall address a petition to that effect to this Grand Lodge or to the Grand Master, in case, at the time of presenting the same, it is more than three months before the annual session of the Grand Lodge, showing that the question of such consolidation was submitted to each of the petitioning Lodges, and carried by an affirmative vote of three-fourths of all members present in each Lodge at the time of the voting, and provided there are not five Third Degree mem- bers, in good standing of one of the Lodges, who object or protest against the same. Provided a final vote on the ques- tion of such consolidation shall not be had in any Lodge until after the resolution for such consolidation has been offered in writing and read at each successive meeting of the Lodge for one month prior to such vote, and provided further that the time for final action thereon shall be fixed at the time such resolution is offered. The petition shall show that the foregoing requirements have been complied with, and shall also state which Lodge the petitioning Lodges shall be consolidated into, and the date at which the consolidation shall take effect. Upon receipt of such peti- tions, the Grand Lodge or Grand Master may grant or refuse the consolidation prayed; but if granted by the Grand Master, it shall be upon the express condition that he grants the same conditionally and subject to the approval or dis- approval of the Grand Lodge ; and if granted, a warrant to that effect shall issue, signed by the Grand Master, and attested by the Grand Secretary, under the seal of the Grand Constitution Grand Lodge of California. 51 Lodge, and the consolidation shall take effect at the date fixed in the petition, unless otherwise fixed by the Grand Master or Grand Lodge. In cases of consolidation, all of the property of the Lodge which consolidates into another Lodge shall vest in the Lodge receiving the other Lodge and shall attach and incorporate into it the entire member- ship of such Lodge, as if it had gained the same by initiation. Provided that three or more Lodges shall not consolidate, and that a Lodge shall not consolidate into or with anothei' Lodge except where from lack of members and want of funds or means to maintain a Lodge, there is no reasonable hope of preserving its existence, and the surrender of its charter or its extinction is inevitable, and consolidation shall only be permitted under extraordinary circumstances and in extreme cases. ARTICLE X. Section 1. — Degree Lodge. Under the written petition of five or more Past Grands, and five or more Third Degree members of the Order, praying for a warrant to open a Degree Lodge, the Grand Lodge may grant the same; and such Degree Lodge shall receive its charter and the neces- sary lectures and instructions in the same manner as is provided for Subordinate Lodges. Sec. 2. — Members. No Degree Lodge shall admit or retain in membership any person who is not at the time a regular contributing member of a Subordinate Lodge under this jurisdiction, unless his card is in the possession of the Grand Lodge or its officers, as an applicant for a charter. ARTICLE XI. Section 1. — Offenses of Lodges. Whenever any Subordi- nate or Degree Lodge shall violate the Constitution, By- Laws, Rules or Regulations of the Sovereign Grand Lodge, or of this Grand Lodge, such Lodge shall be liable to a trial and punishment as herein provided. Sec. 2.— Surrender or Forfeiture of Charter. Upon the suspension or expulsion of a Lodge, or surrender or for- 52 Constitution Grand Lodge of California. feiture of its charter, it shall be the duty of its last installed officers and members, having the custody of the charter, books, papers, property and funds of the Lodge, to assign, transfer and deliver the same, on demand, to the Grand Master, or the District Deputy Grand Master, or to such Past Grand as may be specially deputed by the Grand Master or Grand Lodge to receive the same; and the same shall be held subject to the order of the Grand Lodge. Sec. 3. — Lodge Effects and Funds. All the effects or funds received by the Grand Lodge from any Subordinate or Degree Lodge, under the last section, shall be kept sep- arate and apart from the property or funds of the Grand Lodge, and such funds shall not be estimated as a part of the funds of the Grand Lodge, but shall be held in trust to be restored, should such Lodge be reinstated, or upon the expiration of the period of suspension; provided, how- ever, that in the event said Lodge should not be restored to fellowship within one year, the funds of said Lodge shall revert to and become the property of the Grand Lodge, and shall be placed in the general fund thereof. Sec. 4. — Meetings and Returns. Any Subordinate Lodge failing to hold its meetings for six months, or to make its returns as required by Article IX, Section 3, of this Con- stitution, for one year, shall be deemed an extinct Lodge, and its charter shall be forfeited. Sec. 5. — Certificates. Members of a suspended or expelled Lodge, or of a Lodge whose charter has been surrendered or forfeited, who were in good standing at the time of such suspension or dissolution, or who may have paid all arrear- ages then due to the Grand Lodge, shall, upon the recom- mendation of the District Deputy Grand Master of the district in which such suspended or extinct Lodge is located, receive from the Grand Secretary a certificate, under the seal of the Grand Lodge, to enable them to make applica- tion for admission to membership in any other Lodge; provided, such members ar6 not excluded by Sections 3 and 4 of this Article. Constitution Grand Lodge of California. o^ Sec. 6. — Restoration of Lodge. Upon the application of any five or more members of an extinct Lodge, to the Grand Lodge, for the restoration of such Lodge to fellowship, accompanied with satisfactory evidence that a fair oppor- tunity has been given to all who were members in good standing at the time the same became extinct, to unite in such application (except as provided by Section 4 of this Article), such applicants, or such portion thereof, as the Grand Lodge may approve of, may be restored to fellowship in said Lodge, together with the charter and effects belong- ing to such Lodge at the time of its extinction, unless such effects shall have been placed in the general fund of the Grand Lodge, as provided by Section 3 of this Article. ARTICLE XII. Appeal to Sovereign Grand Lodge. Where an appeal is taken from the action or decision of this Grand Lodge to the Sovereign Grand Lodge, and the party appealing desires facts to be considered as part of the appeal, he must, within twenty days after the adjournment of the session, prepare and file with the Grand Secretary a statement of such facts involved in the appeal as he may deem material ; whereupon the Grand Secretary must deliver or transmit to the adverse party such statement, who, if he do not accept the same, must within twenty days prepare objections or amendments to the same, specifying the lines and pages covered by such objections or amendments. The statement, with the objec- tions and amendments proposed, must be delivered or trans- mitted to the Grand Secretary. If the objections or amend- ments be not accepted within ten days, the Grand Master must fix a place and time to settle the statement, and the Grand Secretary must notify the parties. At the time and place appointed the Grand Master must examine the pro- posed statement and amendments, or objections, and hear the arguments, if any, of the parties, and must settle such statement and amendments, or objections. When the state- ment is settled, unless present at the time, the party appeal- ing must be notified, and within twenty days thereafter must engross and file the statement as settled with the Grand 54 CoNSTiTaxiON Grand Lodge of California. Secretary. Such statement, after bejng printed, must there- upon be certified by the Grand Master and Grand Secre- tary, attested with the seal of this Grand Lodge. ARTICLE XIII. Section 1. — By Laws. The Grand Lodge may enact, alter or amend such By-Laws as may be necessary to carry into effect the provisions of this Constitution, and of regulating the proceedings of its officers and of committees, and of providing for the safety and security of the funds and prop- erty; provided, at least one day's notice in writing be given at the annual session, of such By-Law or amendment, and that the same do not in anywise contravene this Constitu- tion. Sec. 2. — Rules of Order. The Grand Lodge may, in like manner, make such Rules of Order as may be necessary for the regulation of its sessions, and for securing good order and the dispatch of business. Such Rules of Order may be suspended at any meeting by a two-thirds vote; provided, that such suspension shall not extend beyond the meeting which voted therefor. ARTICLE XIV. Section 1. — Aged Odd Fellows' Fund. Hereafter all assets of Subordinate Lodges whose charters have been surren- dered, shall be placed by the Grand Secretary in a fund known as the "Aged Odd Fellows' Fund," which fund shall be kept by the Grand Lodge as a distinct and separate fund, to be used only for the purposes hereinafter stated. Sec. 2. — Aged Odd Fellows' Register. The Grand Secre- tary shall keep a register, to be known as the ''Aged Odd Fellows' Register," upon which shall appear the names of all Odd Fellows over fifty years of age, and whose Subordi- nate Lodge has surrendered its charter, and who would, under the laws of the Grand Lodge, be entitled to receive a Grand Lodge Card, and who had been in continuous mem- bership for twenty-five years or over. This register shall Constitution Grand Lodge of California. 55 be corrected from time to time, as deaths may occur, or as new members shall appear on said roll. Sec. 3. — Petition to enroll name on Aged Odd Fellows' Register. Any Odd Fellow possessing all the qualifications prescribed in the last section, may petition the Grand Master or the Grand Lodge to place his name upon the ''Aged Odd Fellows' Register," which shall be kept by the Grand Sec- retary. Such petition shall be accompanied by a Grand Lodge Card, and by proof that he is fifty or more years old ; that he has been an Odd Fellow of good standing twenty- five years or more continuously, and that his Lodge has sur- rendered its charter. Upon these proofs appearing to the satisfaction of the Grand Master and the Grand Secretary they shall order his name to be placed upon the register of ''Aged Odd Fellows." Sec. 4. — Membership as an "Aged Odd Fellow" — Fees and Dues. It is further prescribed that any Odd Fellow enrolled according to the above provisions may apply for admission to any Subordinate Lodge under the conditions hereinafter set forth. He shall first pay to the Grand Secretary, through the Lodge to which he has been or will be admitted, three ($3) dollars admission fee, and from the date of admission he shall pay dues at the rate of four ($4) dollars per annum. Said dues and fees shall be placed to the credit of the "Aged Odd Fellows' Fund" by the Grand Secretary. Sec. 5.— Benefits to Aged Odd Fellows. That any Odd Fellow enrolled as above in a Subordinate Lodge, who becomes sick or disabled, so as to be incapable to earn a live- lihood, shall receive from the Grand Secretary, through the Lodge to which he has been admitted, weekly benefits amounting to three dollars per week so long as the money collected under the preceding provisions of this article shall last, and so long as the "Aged Odd Fellows* Fund" shall permit the payment of the same. Sec. 6.— Notices as to Aged Odd Fellows.— It is further prescribed that any Subordinate Lodge which such aged oQ Constitution Grand Lodge of California. Odd Fellow shall have joined shall immediately notify the Grand Secretary in all cases of sickness or disability referred to in the preceding sections, and of the commencement and termination thereof, and the Grand Secretary shall notify such Lodj^e or Lodges to which such aged Odd Fellow belongs when the said "Aged Odd Fellows' Fund" shall be exhausted. Sec. 7. — Right to vote or speak — Funeral Expenses. It is further prescribed that no member of a Subordinate Lodge, admitted under the above provisions, shall be enti- tled to vote or speak on any question involving the dispos- ing of the funds or property of the Lodge to which he belongs ; and it is further prescribed that upon the death of "An Aged Odd Fellow," enrolled as above, and who was entitled to the benefits of the fund herein provided for, there shall be paid as funeral expenses from the said "Aged Odd Fellows' Fund" a sum of money not exceeding twenty-five dollars, if that amount shall be in the said fund. Sec. 8. — Benefits and Funeral Expenses — Dues and Assess- ments. It is further prescribed that no Subordinate Lodge shall be liable for the payment of any benefits or funeral expenses to or on account of such member, nor shall any such member be required to pay any dues or assessments to such Subordinate Lodge, except such dues as are to be paid to the use and benefit of the "Aged Odd Fellows' Fund." ARTICLE XV. Section 1. — Amendments. Any amendment or alteration may be made to this Constitution at any regular annual communication of this Grand Lodge, by a vote of two-thirds of the Representatives present; provided, all such altera- tions shall be proposed one day before action thereon. Rules of Order Grand Lodge of California. 57 RULES OF ORDER OF THE Grand Lodge, 1. 0. 0. F. of tlie State of California I. ORDER OF BUSINESS. The order of business of the annual session shall be, on the First Day. 1. The Grand Master shall request the members to clothe themselves in proper regalia, and direct the officers to take their respective stations, and fill vacancies pro tern., and shall then, after all have been examined, call up the Grand Lodge. 2. While standing the Grand Chaplain shall address the Supreme Ruler of the Universe in Prayer. 3. Proclamation shall be made by the Deputy Grand Master of the opening of the Grand Lodge. 4. The Grand Secretary shall present, and read if required, the credentials of members. 5. The Committee on Credentials shall forthwith exam- ine and report on the eligibility of members. 6. New members of the Grand Lodge shall be admitted. 7. The record of all special sessions shall be read, and passed upon by the Grand Lodge. 8. Vacancies in committees and among the appointed officers shall be filled. 9. The reports of the Grand Officers shall be presented. 10. Petitions, communications, appeals, and financial accounts shall be presented, and referred in the order above mentioned. 11. Miscellaneous business. 58 Rules of Order Grand Lodge of California. Second Day. ' 12. Reading and approval of minutes of preceding day. 13. Reception and reference of credentials, reports thereon, and admission of new members. 14. Resolutions of inquiry of Standing or Special Com- mittees. 15. Reports of Standing Committees, in the order in which they are named in the Constitution. 16. Reports of Special Committees by seniority. 17. Consideration of proposed amendments to the Con- stitution of the Grand Lodge. 18. Consideration of proposed amendments to the Con- stitution of Subordinate Lodges. 19. Petitions, communications, appeals and financial accounts presented and referred. 20. Unfinished business. 21; New business. Third Day. 22. Reading and approving minutes of preceding day. 23. Reception and reference of credentials, reports thereon, and admission of new members. 24. Nomination and election of officers. 25. Reports of Standing and Special Committees. 26. Additional business, in the same order as on second day. 27. Should the foregoing order of business not be con- cluded on the first or second day, it shall be commenced on each succeeding day where it left off on the preceding, except that the reading and approval of minutes, and recep- tion, reference, and reports on credentials of members, shall be the first business in order on each day, and that the nomi- nation and election of officers shall immediately follow them on the third day of the session. Rules of Order Grand Lodge of California. 59 28. The vote on a motion to close the session shall not be taken until the day succeeding that at which it shall be offered, and shall be in this form : ' ' That when the Grand Lodge adjourns this day, this annual session shall stand adjourned sine die. ' ' 29. On the last day of the session, the officers shall be installed, and committees appointed, before it shall be declared closed. The minutes of the last day of the session shall be approved by the Standing Committee. II. OF DECORUM. During the continuance of the meeting, the most decorous silence must be observed, the officers and members retaining their respective seats, and no one leaving the room without the permission of the Grand Master, nor entering without the consent of. the Grand Warden. No member shall, by conversation or otherwise, interrupt the business of the Grand Lodge, or refuse to obey the Chair. Every officer and member shall be designated in debate, or otherwise, by his proper office or title, according to his standing in the Order. No member shall be permitted to vote or speak, unless clothed in regalia appropriate to his rank and station. m. OF THE CHAIR. The Grand Master, while presiding, shall state every ques- tion coming before the Grand Lodge, and immediately before putting it to vote shall ask: *'Is the Grand Lodge ready for the question?" Should no member rise to speak, and a majority indicate their readiness, he shall rise to take the question; and after he has risen, no member shall be permitted to speak upon it. He shall pronounce the votes and decisions of the Grand Lodge on all subjects. His decisions on questions of order shall be without debate, unless, entertaining doubts on the point, he invite it ; and he shall have the privilege of speaking only on such questions from the chair. "When his decision has been appealed from, 60 Rules of Order Grand Lodge of California. the question shall be put thus: "Will the Grand Lodge sustain the Chair in its decision?" IV. OF DEBATE. Every member, when he speaks or offers a motion, shall rise and respectfully address the Chair. While speaking, he shall confine himself to the question under debate, avoiding all personality and indecorous language, as well as any reflection upon the Grand Lodge or its members. Should two or more members rise to speak at the same time, the Chair shall decide which shall be entitled to the floor. No member shall disturb another in his speech unless to call him to order for words spoken. If a member while speaking shall be called to order, at the request of the Chair he shall cease speaking, and take his seat until the question of order is determined, when, if permitted, he may again proceed. No member shall speak more than once on the same ques- tion until ail members wishing to speak shall have had an opportunity to do so, nor more than twice without permis- sion of the Chair; but no member shall have the privilege of speaking more than once on a question of order after appeal from the decision of the Chair. V. OF QUESTIONS AND VOTES. When any communication, petition or memorial is pre- sented, before it is read or any vote taken on it, a brief statement of its contents shall be made by the introducer or the Chair ; and after it has been read, a brief notice of the purport shall be entered on the journal. No motion shall be subject to action until seconded, and stated by the Chair, and, at the desire of any member, shall be reduced to writing. When a blank is to be filled, the question shall be taken first upon the highest sum or number and the longest or latest time proposed. Rules of Order Grand Lodge of California. 61 Any member may call for a division of a question when the sense will admit of it. When a question is before the Grand Lodge, no motion shall be received, unless to adjourn, the previous question, to lie on the table, to postpone indefinitely, to postpone to a certain time, to refer or to amend, and shall have pre- cedence in the order herein arranged, the first three of which shall be decided without debate. After any question except one of indefinite postpone- ment has been decided, any two members who voted in the majority may, during the same communication, move for a reconsideration thereof. The previous question can be called for by two members, and, if seconded by a majority, shall be put in this form: "Shall the main question be now put?" If carried, all de- bate shall cease, and the vote shall be taken on all pending motions in their proper order. When five members rise in favor of taking the question by ayes and nays, they shall be ordered to be so recorded. Every member present shall vote on any question before the Grand Lodge, unless he is personally interested in the result or has been excused by the Grand Lodge, or is other- wise incapacitated. No more than two amendments to a proposition shall be entertained at the same time — that is, an amendment and an amendment to an amendment — and the question shall be first taken on the latter. When the ayes and nays are ordered, the names of the Representatives shall be called by Lodges. VI. BALLOTING FOR GRAND OFFICERS. When a ballot is being taken at an election of officers in the Grand Lodge, every person in the room, except the col- lectors, shall be required to be and remain seated during the taking thereof; and the Grand Master shall appoint a suffi- cient number of collectors to assign one for each row of 62 Rules of Order Grand Lodge of California. seats; and the collectors shall simultane<5usly start from the head of the room (that nearest the Grand Master's station) and proceed together to collect the ballots in order from the brothers in their respective rows of seats, and from no others, and shall immediately deposit the same with the tellers. Vn. ELECTIONEERING IN GRAND LODGE. The distribution of election cards in his own behalf, the solicitation of votes for himself, and similar electioneering practices, by a candidate for office in this Grand Lodge, are in conflict with the usages of the Order and repugnant to the spirit of Odd Fellowship, and shall not be permitted at ses- sions of the Grand Lodge. 0th KR Rules and Decisions of Grand Lodge. 63 OTHER RULES AND DECISIONS OF THE Grand Lodge of the State of California 1. Right to vote. Past Grands not Representatives have no right to vote upon a question before the Grand Lodge; that right is confined to those whose credentials as Repre- sentatives are reported correct by the Committee on Cre- dentials. — 1859 Journal, 441. 2. Ayes and noes. On the call for the ayes and noes, the Representatives present are entitled to but one vote each. — 1860 Journal, 38. 3. Votes by Lodges, and ayes and noes, and vote of absentees. Resolved, That on a call for ayes and noes, and the majority of Representatives of a Lodge present cast the votes of the absent Representatives of the Lodge, the names of the absentees shall not be recorded as voting, but only the number of votes cast for absentees. — 1871 Journal, 479. 4. Vote by Lodges — Vote of absentees. A majority of Representatives present from a Lodge are permitted to cast the vote of absentees, when the vote is taken by Lodges, and if there is but one Representative present from a Lodge, he can cast the full vote of his Lodge. — 1860 Journal, 68 ; 1861 Journal, 171. 5. Ayes and noes, and motion. A motion to permit a Representative to address the Grand Lodge on the subject then pending, is not in order when the ayes and noes are called.— 1863 Journal, 423. 6. Ayes and noes. When the ayes and noes are called, no motion is in order. — 1863 Journal, 423. G4 Other Rltles and Decisions of Grand Lodge. 7. Appeal. On an appeal from the 'decision of the Chair (the Grand Master) the question is debatable. — 1856 Jour- nal, 187. 8. Resolution laid on the table. All resolutions laid on the table, and not acted upon before the close of the ses- sion of the Grand Lodge at which they were presented, expire with the session, and would have to be renewed at any subsequent session before any action could be had thereon.— 1864 Journal, 561, 562. 9. Substitute accepted. After a substitute has been accepted by the Grand Lodge, in place of the report of a committee, further action on the report would be out of order without first reconsidering the vote by which the sub- stitute was adopted. — 1861 Journal, 202. 10. Substitute adopted. When a substitute is adopted in place of an amendment, it is not necessary to take action on the amendment. — 1862 Journal, 287. 11. Motion. A motion that the Representatives from a particular place be excused from voting on certain resolu- tions selecting a place for the next session of the Grand Lodge, is not in order. — 1866 Journal, 208. 12. Members of committees. Members of a committee in the Grand Lodge, appointed at one session, cannot serve at the next subsequent session unless they are Representa- tives.— 1860 Journal, 33. 13. By whom business of Grand Lodge transacted — Work of a regular committee. The Constitution of the Grand Lodge prescribes that the business of the Grand Lodge shall be transacted by the elective officers, the Past Grand Masters of this Grand Lodge, and the Representatives ; and the work of a regular committee is part of the business thereof. — 1869 Journal, 117, and Grand Lodge Constitution, Art. II, Sec. 2. 14. Representative — Committee — Past Grand. A Rep- resentative who is appointed by the Grand blaster, previous Other Rules and Decisions of Grand Lodge. 65 to the close of the session of the Grand Lodge, as a member of a regular committee, and serves on said committee during the recess, and at the next session of the Grand Lodge attends the session, but is not returned by his Lodge as a Representative, cannot serve on such committee, — 1869 Journal 113, 117. 15. Regular Committee. A Past Grand not a Repre- sentative cannot be appointed or act on a regular committee of the Grand Lodge.— 1869 Journal, 114, 117. 16. Appointed oflfice. The Grand Master may appoint a Past Grand not a Representative to an appointed office. — 1869 Journal, 114, 117. 17. Propositions in Duplicate. All propositions offered for reference to standing or select committees at the present and all future sessions of the Grand Lodge, to be submitted in duplicate, and on paper equal in size to at least half a page of foolscap. — 1861 Journal, 157, 158. 18. Finance Committee. The majority of the Finance Committee in the Grand Lodge must be residents of the same place as the Grand Secretary. — 1860 Journal, 82. 19. Appropriations of Money by Grand Lodge — Finance Committee's report. Resolved, That no appropriation of any money shall be made by this Grand Lodge for any other purpose than the just and legitimate claims against this Grand Lodge, after the report of the Finance Committee shall have been made and adopted. — 1855 Journal, 152. 20. Committee on Laws of Subordinates. The propriety of a majority of the Committee on Laws of Subordinates being residents of the same place as the Grand Secretary suggested in a report and the report adopted. — 1858 Journal, 385. 21. Questions. All questions relating to the State of the Order shall be submitted in writing and in duplicate to the Grand Secretary, and by him placed in the hands of the 66 Other Rules and Decisions of Grand Lodge. Committee on the State of the Order ^r their action. — 1864 Journal, 519. 22. Questions. All questions of usage and law, pro- poimded to the Grand Lodge, to be referred to the proper committee without being entered upon the Journal, unless otherwise ordered by the Grand Lodge. — 1859 Journal, 497. 23. Questions. All questions presented in the Grand Lodge involving explanations of laws of this Grand Lodge, to be immediately referred to the Committee on the State of the Order, with instructions to report on those only they deem of sufficient importance. 1861 Journal, 169. 24. Questions. In every instance where a question, local or special in its character, is presented for the consideration of the Committee on the State of the Order, such question shall be accompanied with a copy of the By-Laws of the Lodge in which the subject originated. Adopted as a gen- eral rule.— 1867 Journal, 361. 25. Abstract questions. Abstract questions upon hypo- thetical propositions, when propounded by a member or a Lodge without a case in fact, shall not be answered in an official manner by the Grand Master, or any of his District Deputies. All such questions shall be presented to the Grand Lodge at its annual session, and shall be referred to an appropriate committee, under the rule. — 1869 Journal, 89, 115. 26. Hypothetical Questions. This Grand Lodge will not, in the future, through its Committee on the State of the Order, answer mere hypothetical questions, that every ques- tion to be referred to said committee shall be framed to meet a particular case, and shall be accompanied by a full state- ment of the facts of the case, certified under the seal of the Lodge submitting the case, and in which it arose; that a question so submitted and so certified may be forwarded to the Grand Secretary at any time, and shall be by him handed over to the Committee on the State of the Order, who shall report their decision thereon to this Grand Lodge at the first opportunity thereafter. — 1875 Journal, 298. Other Rules and Decisions of Grand Lodge. 67 27. Officer's right to vote. Officers of the Grand Lodge who are by the Constitution entitled to, and as such do vote in the Grand Lodge, cannot also vote as Representatives — 1860 Journal, 68. 28. Two-thirds vote. Whenever the sentence *'by a two- thirds vote" occurs in the Constitution of the Grand Lodge, it means two-thirds of all the members present entitled to vote. — 1855 Journal, 155. 29. Petition received and referred. The reception and reference of a petition to a committee of the Grand Lodge, does not set aside the formal action of the Grand Lodge had upon the subject matter of said petition. — 1872 Journal, 577, 666, 684. 30. Election. The Grand Lodge will hereafter ignore the practice of electing as a matter of course the Deputy Grand Master to the office of Grand Master, and the Grand Warden to the office of Deputy Grand Master, and will elect officers without regard to their previous service in office.— 1870 Journal, 262. 31. Nomination. Members are required to obtain the consent of those whose names they place in nomination for office in the Grand Lodge. — 1863 Journal, 440, 32. Nominees for Grand Representatives. That every member of the Grand Lodge who shall hereafter be pro- posed as a candidate for the office of Grand Representative, is required to state, upon his honor, whether or not he intends (if elected to the office) to return on or before the first day of January next succeeding his election. — 1859 Journal, 502, 510, 531. 33. Amendments to Constitution. All proposed amend- ments to the Constitution of Subordinates must contain the section or sections which it is proposed to amend, written out in full as proposed to be amended. — 1862 Journal, 293. 34. Reports of Committees on Amendments to Constitu- tions. Resolved, That hereafter when amendments to the 68 Other Rules and Decisions of Grand Lodge. Constitutions of either this Grand Lodge or Subordinate Lodges be referred to a committee for its consideration ; that when said committee submits its report to this Grand Lodge, said committee shall set out in full the proposed amendment as well as the original. Adopted as a standing resolution of the Grand Lodge. — 1905 Journal, 950, 965. DIGEST. ADJOURNMENT. 1. Lodge must be closed in form. After the adoption of a motion of adjournment, the Lodge must be closed in form. 1860 Journal, 71. 2. Cannot adjourn over for two weeks. Lodges have no right, by a simple motion, to adjourn over for two weeks, no previous action suspending their By-Laws having taken place; but should such a case occur, and there should be a quorum present on a regular Lodge-night, presided over by a Past Grand or Past Vice-Grand, it would be a legal Lodge- meeting, and the minutes of said meeting must be entered on the Lodge record. — 1861 Journal, 188, 189. 3. Motion to adjourn sine die. Where the By-Laws pro- vide that the Lodge shall meet on a certain day every week, a motion to adjourn sine die may be entertained, as that motion simply means to adjourn without fixing any date, and if the motion should be carried, the next meeting of the Lodge will be at the time fixed in the By-Laws. — 1884 Jour- nal, 19, 116, 153. Note. — A Lodge cannot hold Lodge to another day or time is adjourned meetings, but must never in order. — (18.52, 1848, 1871 close its weekly meetings in due S. G. L. Journal, 1846, 1886, 1949, form. A motion to adjourn a 1236, 5177, 5221). 4. Motion to adjourn always in order. A motion to ad- journ is always in order at any stage of the proceedings of the Lodge, and should the motion prevail, the Lodge must then proceed to close in regular form; provided, that in the event cases of sick and distressed members have not been di.sposed of prior to the adoption of such motion, such cases shall be considered before the Lodge is formally closed. — 1889 Journal, 34, 122, 163; 1901 S. G. L. Journal, 317, 341, 370. 70 Admission to One's Own Lodge. ADMISSION TO ONE'S OWN LODGE. 5. A brother's right. The Noble Grand may admit a member of his own Lodge who is not entitled to the semi- annual pass-word on account of non-payment of dues, until he ceases to be a member. A brother has a right to be ad- mitted to his own Lodge until his membership ceases, al- though not entitled to term pass-word or to vote or in ar- rears for weekly or funeral dues. — 1862 Journal, 307 ; Porter vs. Magnolia Lodge, 1864 Journal, 482, 521, 522 ; 1877, 1890 S. G. L. Journal, 7505, 11900, 12217, 12281. 6. Brother without pass-word. The Outside Guardian should report to the Inside Guardian, and that officer should report to the Noble Grand, when a brother of the Lodge without the pass-word applies for admission. — 1898 Journal, 11, 221, 240. 7. During reading of minutes. A brother in good stand- ing cannot be kept out of his Grand or Subordinate Lodge, while the minutes of the preceding meeting are being read, if he desires to enter, and can work his way into the Lodge. 1875 S. G. L. Journal, 6350, 6619, 6692. 8. Brother under reprimand. A brother sentenced to a reprimand cannot visit his Lodge at a regular meeting until he appears for the purpose of receiving his reprimand. — 1893 Journal, 432, 434. 9. Appeal while under suspension. A brother under sus- pension has no right to sit in the Lodge during the pendency of his appeal. — Bay View Lodge vs. Turner, 1870 Journal, 256, 282. 10. Brother suspended for a fixed period. A brother suspended for a fixed period cannot visit his Lodge during such suspension, even though he should appeal to the Grand Lodge. If the period of suspension should expire before the appeal is decided in his favor he has no redress. — 1898 Jour- nal, 11, 256, 278. 11. Expelled brother and an appeal. A brother who has been expelled cannot enter the Lodge-room during session Aged Odd Fellows. 71 for any purpose pending an appeal from him on expulsion. — 1898 Journal, 10, 221, 240. 12. Pendency of charges. A member has a right during the pending of charges to sit in or visit the Lodge. — 1858 Journal, 394, 395; 1898 Journal, 11, 256, 278. 13. An initiate. An initiate is entitled to admission into his Lodge when opened in the Initiatory Degree. — 1882 S. G. L. Journal, 8992, 9087. 14. Election of oflficers or representatives. Neither the Noble Grand nor the Lodge has a right to refuse to admit brothers during an election of officers or representatives.— 1897 Journal, 809, 1030, 1054. (See Recess.) AGED ODD FELLOWS. 15. Aged Odd Fellows' Fund. Hereafter all assets of Subordinate Lodges whose charters have been surrendered, shall be placed by the Grand Secretary in a fund known as the ''Aged Odd Fellows' Fund," which fund shall be kept by the Grand Lodge as a distinct and separate fund, to be used only for the purposes hereinafter stated. — Grand Lodge Constitution, Art. XIV, Sec. 1. 16. Aged Odd Fellows' Register. The Grand Secretary shall keep a register, to be known as the ''Aged Odd Fel- lows' Register," upon which shall appear the names of all Odd Fellows over fifty years of age, and whose Subordinate Lodge has surrendered its charter, and who would, under the laws of the Grand Lodge, be entitled to receive a Grand Lodge Card, and who had been in continuous membership for twenty-five years or over. This register shall be cor- rected from time to time, as deaths may occur, or as new members shall appear on said roll. — Grand Lodge Constitu- tion, Art. XIV, Sec. 2. 17. Petition to enroll name on "Aged Ofld Fellows' Regis- ter." Any Odd FeHow possessing all the qualifications pre- scribed in the last section may petition the Grand Master or the Grand Lodge to place his name upon the "Aged Odd Fel- 72 Aged Odd Ff.llows. lows' Register," which shall be kept by the Grand Secre- tary, Such petition shall be accompanied by a Grand Lodge Card, and by proof that he is fifty or more years old; that he has been an Odd Fellow of good standing twenty-five years or more continuously, and that his Lodge has sur- rendered its charter. Upon these proofs appearing to the satisfaction of the Grand Master and the Grand Secretary they shall order his name to be placed upon the register of ''Aged Odd Fellows." — Grand Lodge Constitution, Art. XIV, Sec. 3. 18. Membership as an "Aged Odd Fellow" — Fees and Dues. It is further prescribed that any Odd Fellow enrolled according to the above provisions may apply for admission to any Subordinate Lodge under the conditions hereinafter set forth. He shall first pay to the Grand Secretary, through the Lodge to which he has been or will be admitted, three ($3) dollars admission fee, and from the date of admission he shall pay dues at the rate of four ($4) dollars per annum. Said dues and fees shall be placed to the credit of the "Aged Odd Fellows' Fund" by the Grand Secretary. — Grand Lodge Constitution, Art. XIV, Sec. 4. 19. Benefits to "Aged Odd Fellows." That any Odd Fellow enrolled as above in a Subordinate Lodge, who be- comes sick or disabled, so as to be incapable to earn a liveli- hood, shall receive from the Grand Secretary, through the Lodge to which he has been admitted, weekly benefits amounting to three dollars per week so long as the money collected under the preceding provisions of this article shall last, and so long as the "Aged Odd Fellows' Fund" shall permit the payment of the same. — Grand Lodge Constitu- tion, Art. XIV, Sec. 5. 20. Notice as to "Aged Odd Fellows." It is further pre- scribed that any Subordinate Lodge which such Aged Odd Fellows shall have joined shall immediately notify the Grand Secretary in all cases of sickness or disability referred to in the preceding sections, and of the commencement and termi- nation thereof, and the Grand Secretary shall notify such Ancient Odd Fellows. 73 Lodge or Lodges to which such aged Odd Fellow belongs when the said ''Aged Odd Fellows' Fund" shall be ex- hausted.— Grand Lodge Constitution, Art. XIV, Sec. 6. 21. Right to vote or speak— Funeral Expenses. It is further prescribed that no member of a Subordinate Lodge, admitted under the above provisions, shall be entitled to vote or speak on any question involving the disposing of the funds or property of the Lodge to which he belongs; and it is further prescribed that upon the death of "An Aged Odd Fellow," enrolled as above, and who was entitled to the benefits of the fund herein provided for, there shall be paid as funeral expenses from the said ''Aged Odd Fellows' Fund" a sum of money not exceeding twenty -five dollars, if that amount shall be in the said fund. — Grand Lodge Con- stitution, Art. XIV, Sec. 7. 22. Benefits and Funeral Expenses — Dues and Assess- ments. It is further prescribed that no Subordinate Lodge shall be liable for the payment of any benefits or funeral ex- penses to or on account of such member, nor shall any such member be required to pay any dues or assessments to such Subordinate Lodge, except such dues as are to be paid to the use and benefit of the "Aged Odd Fellows' Fund."— Grand Lodge Constitution, Art. XIV, Sec. 8. (See Odd Fellows' Home.) ANCIENT ODD FELLOWS. 23. Defined. An Ancient Odd Fellow is one who has been regularly initiated into the Order and retired therefrom in good standing, either by taking his Permanent or With- drawal Card, or by resignation. If done by resignation he at once becomes an Ancient Odd Fellow, and if by card, at the expiration of one year from its date. The holder of a nismi.ssal Certificate is not.— 1859 Journal, 472; 1858-1890- 1900 S. G. L. Journal, 2859, '2925, 2963, 11893, 12253, 12299, 514, 827, 873. Note. — A member of a defunct surrender of the charter, can ob- Subordinate who applies therefor, tain a defunct certificate from the after one year from the date of the Grand Secretary or Grand Lodge 74 Ancient Odd Fellows. of the jurisdiction wherein the de- funct Lodge was located (see Sec- tions 809 and 810 of this Digest), which certificate has the same force and effect as an expired Withdrawal Card, and will enable him to join another Subordinate Lodge as an "Ancient Odd Fel- low"— (1890 S. G. L. Journal, 11898, 12229, 12284; 1866 S. G. L. Journal, 3876, 3953, 3987). With- in one year after the date of the surrender of the charter a With- drawal Card may be granted (see Sections 807, 810 of this Digest). An Ancient Odd Fellow having satisfactorily established his claim as such, and having proved him- self in the initiatory work, is not required to be reinitiated. His rank in the Lodge to which he may be admitted, will be determined by the Lodge upon the report of the committee appointed to make the necessary examination — (1864 S. G. L. Journal, 3621, 3688, 3707). A brother having withdrawn from the Order by a written resigna- tion, in order to be re-admitted as an Ancient Odd Fellow, must first pass a satisfactory examination in the work; should he fail, he can be re-adfnitted only by initiation — (1853 S. G. L. Journal, 1992, 2115, 2170; 1857 S. G. L. Journal, 2737,2773). Should the brother's card be lost or destroyed, he may be re-admitted as an Ancient Odd Fellow on satisfactory proof. If he cannot satisfactorily establish his claim he can be admitted only by initiation, and in such case he must set forth in his petition that he has never been suspended or ex- pelled from any Lodge, and that he is unable to obtain evidence of his former connection with the Or- der— (1852 S. G. L. Journal, 1921, 1956.) A brother should be in possession of the Annual Travel- ing Password when depositing a Withdrawal Card in a Lodge, in order to acquire membership there- in. Should he fail to remember the word or should the officers have neglected to impart it to him, or should the card be an expired one, the brother may be admitted to membership as an Ancient Odd Fellow— (1861 S. G. L. Journal, 3336, 3353; 1862 S. G. L. Journal, 3479). 24. Holder of Withdrawal Card out of date. A brother holding a Withdrawal Card which has run out of date may be recognized as an Ancient Odd Fellow, and be allowed to renew his membership by the deposit of said card in a Lodge at the place of his residence, subject to the payment of such fee as the local law may require. — 1857 Journal. 249; 1888 Journal, 1024, 1111, 1130; 1852, 1856 S. G. L. Journal, 1841, 1898, 1952, 2560, 2628, 2664. 25. How admitted — Must answer certain questions. All Ancient Odd Fellows, whether by card or otherwise, shall, previous to admission, answer to the satisfaction of a com- mittee of three Scarlet Degree members (appointed by the Anniversary of the Order; 75 Noble Grand) the same questions that are propounded to the uninitiate previous to his introduction into the Order, as per charge books. The senior Past Grand present, or, if no Past Grand be present, then the acting Noble Grand, shall be one of said committee. They shall examine the appli- cant in all of the degrees of a Subordinate Lodge he claims to have attained, and report to the Lodge if correct, and shall introduce him, and he shall sign the Constitution of the Lodge.— 1857 Journal, 266 j 1885 Journal, 286, 403, 432. 26. A certain By-Law not applicable to Ancient Odd Fel- low. The By-Laws of a Lodge have this provision : " No ap- plication shall be received from parties over fifty years of age." This does not apply to former members of the Lodge who have become Ancient Odd Fellows. — 1872 Journal, 578, 666, 684. ANNIVERSARY OF THE ORDER. 27. Twenty-sixth of April the Anniversary. The twenty- sixth of April is established as the Anniversary of this Order, and all Grand Lodges and Encampments are re- quested to urge their Subordinates to observe the day in some appropriate manner. — 1868 Journal, 446; 1867 S. G. L. Journal, 4210, 4211. Note. — No anniversary, celebra- Anniversary of our Order without tion, excursion, picnic, ball, party permission of the proper local or entertainment of any kind grand authorities, but sufficient where regalia> emblems or name authority for subordinates under of the Order may be worn, as- the immediate jurisdiction of the sumed or used, shall be held with- Sovereign 'Grand Lodge — (1877, out first obtaining the consent of 1888 S. G. L. Journal, 7376, 7473, the Senior Grand Officer in the 11104,11368,11396). The Anniver- jurisdiction in which it is to be sary Proclamation of the Grand held, and then only upon the di- Sire gives no authority ti^ wear rect promise that no intoxicating regalia or display any of the beverages shall be offered to mem- emblems of the Order where bers or guests present on the a dance or banquet or other occasion — (1892 S. G. L. Journal, social is held in connection 13067,13156). The proclamation with the Anniversary— ( 1896 S. G. of the Grand Sire is not sufficient L. Journal, 14683, 14948, 15019). authority for subordinates to ap- If the ceremony at an anniversary pear in public in regalia on the celebration be conducted by a 76 Annivkrsary of Rebekah Degree. Grand Lodge or Grand Encamp- Lodge paay expend a reasonable ment, or when the Grand Lodge, amount of its funds to defray the Grand Encampment and their sub- necessary expenses incident to the ordinates participate, the titles of celebration of the introduction of the respective officers who conduct Odd Fellowship in America, in the ceremony shall be such as be- such a manner as shall tend to long to the body conducting the promulgate and illustrate its prin- ceremony — (1886 S. G. L. Journal, ciples, or elevate it, or dignify it 10252,10413,10487,10511.) The in the eyes of the community ; such expenditure of Lodge funds for as hiring halls, paying for print- music to accompany a parade, or ing, procuring orators, etc., but not as an attractive feature in connec- for those things which contribute tion with and as a part of the pre- merely to the pleasure or gratifica- scribed ceremonies, is authorized, tion of the individual member; subject to such limitations as may such as parties, balls, picnics, ex- be made by local legislation, as a cursions, banquets and the like, part of the legitimate expenses in- and that within these limits, the cident to the celebration of the question is one for the Subordinate Anniversary of American Odd Fel- or its immediate Grand jurisdic- lowship on April twenty-sixth, and tion — (1887 S. G. L. Journal, no other day— ( 1894 S. G. L. Jour- 10714, 10951, 11005) . nal, 14050, 14073). A Subordinate 28. Celebration may be postponed. Our Anniversary should be celebrated on its appropriate day, the twenty- sixth of April. If there be any good reason why it should not be celebrated on that day the Lodge may select some other day. In case an intended celebration on the twenty- sixth of April does not take place for any good reason, such for instance as that the town wherein the Lodge is located, or the greater portion of it, is destroyed by fire, the Lodge may, by dispensation duly issued, postpone it to some other day; and it is lawful to use the regular anniversary cere- mony at such postponed celebration. — 1882 Journal, 735, 844, 879. (See Funds, Balls, Liquors, Dispensations.) ANNIVERSARY OF REBEKAH DEGREE. 29. The twentieth day of September the Anniversary. It is recognized by the "Sovereign Grand Lodge as the Anni- versary of the institution of the Degree of Rebekah, and it is to be annually celebrated and commemorated as such by proper and appropriate ceremonies. It is its natal day, Annual Communications. 77 it having been established on that day in the year 1851. — 1897 S. G. L. Journal, 15640. ANNUAL COMMUNICATIONS. 30. Annual sessions shall be held in San Francisco. The Grand Lodge shall hold regular annual communications at the City of San Francisco, to begin on the second Tuesday of May of each year, at nine o 'clock a. m., and shall continue to meet, at such hours as may be agreed upon, from day to day, consecutively (Sundays excepted), until the close of the ses- sion. — Constitution Grand Lodge, Art. II, Sec. 1 ; 1867 Jour- nal, 333. Note. — Grand Lodges have the a session in a place other than that power and privilege to determine designated in its Constitution; the in their Constitution and By-Laws only way is to amend that instru- where their sessions shall be held ment — (1867 S. G. L. Journal, — (1851 S. G. L. Journal, 1759, 4144, 4169). The Grand Sire has 1763). When the place is so fixed no power to change the date of the by constitutional provision or by sessions of a State Grand Body, law, the only manner of removing the Constitution fixing the date of the Body is by an alteration of its annual session — (1892 S. G. L. the Constitution or By-Law which Journal, 12788, 13050, 13076). The fixes the location in conformity to time fixed by its Constitution for the rules laid down in its Consti- the meeting of a Grand Lodge tution for such change — (1852, must be observed. A Grand Mas- 1858, 1867 S. G. L. Journal, 1839, ter has no authority to change the 1897, 1952, 2859, 2925, 2963, 4144, time fixed by law to an earlier or 4169). The Sovereign Grand Lodge later period — (1886 S. G. L. Jour- has not the power to permit a nal, 10252, 10487, 10511). State Grand Body to meet or hold 31. Social festivities not to interfere with business. The annual sessions of the Grand Lodge are for the trans- action of business of the Order, and no invitations will be accepted to engage in social festivities during its sessions, to occur during the daytime. — 1864 Journal, 541. ANTE-ROOM. (See Charter, Liquors, Fine, Password.) 78 Appeals. APPEALS. ' 1. Committee on Appeals and its powers and duties, page 78. 2. Transcript or record on appeal, page 80. 3. Appellate jurisdiction — Right, time and manner of ap- peal, page 85. 4 Rules of decision and other matters, page 97. 5. Appeals by a Lodge or General Relief Committee from a Lodge's action, page 110. 6. Appeal to the Sovereign Grand Lodge, page 113. 7. Rebekah Lodges and Assembly. (See Rebekah Branch.) 1. COMMITTEE ON APPEALS AND ITS POWERS AND DUTIES. 32. A Regular Committee. It is one of the regular com- mittees required to be appointed at each annual session from among the members present. — Constitution Grand Lodge, Art. VI, Sec. 2. 33. How appointed — Number of members and duty. The Committee on Appeals shall consist of five members, who shall be appointed by the Grand Master, by and with the approval of the Grand Lodge, whose duty it shall be to ex- amine all appeals referred to them, and report thereon such action as may be proper in the Grand Lodge. — Constitution Grand Lodge, Art. VI, Sec. 6. 34. Duty in case papers defective or certain errors. All appeals taken from the action of the Subordinate Lodges shall as fast as they are received by the Grand Secretary, be endorsed by him, over his signature, showing the date on which such appeal was received and filed, and such endorsed appeal shall then be immediately transmitted by the Grand Secretary to the Chairman of the Committee on Appeals, which committee shall examine all papers immediately after receiving them, and if the committee shall find the papers Appeals. 79 defective in any essential particular, or if they discover any error of law in the proceedings by reason of which the case must be decided on other grounds than its merits, they shall certify such fact to the Grand Secretary within ninety (90) days after the said papers are received by and filed with the Grand Secretary. The Grand Secretary shall forthwith send a copy of such certificate to appellant and respondent, and shall return the papers to the Subordinate Lodge, through which the appeal was taken, requiring it forthwith to correct the defects complained of, and return the amended papers to the Grand Secretary, who shall record thereon the date they are received by him, and he shall then im- mediately transmit the same to the chairman of said Com- mittee on Appeals. — Constitution Grand Lodge, Art. VI, Sec. 6. 35. To render decisions on or before April 15th of each year. It shall be the duty of the Committee on Appeals to consider all appeals submitted to them during the fiscal year of this Grand Lodge, and on or before the 15th day of April of each year they shall render a decision on all appeals so submitted, and shall file with the Grand Secretary on or before said last named date, a full copy of each decision rendered. The Grand Secretary shall forthzvith transmit to the respective parties, appellant and respondent, the de- cisions so rendered. — Constitution Grand Lodge, Art. VI, See. 6. 36. Appeals after close of fiscal year. If an appeal shall be presented to the Grand Secretary after the close of the fiscal year and before the next succeeding annual session, the Committee on Appeals shall have discretion to report on the same during such succeeding annual session ; or the ap- peal may be taken up and referred to the Committee* on Ap- peals by a two-thirds vote of this Grand Lodge. When such appeal shall be so referred, the Committee on Appeals shall report on the same at the earliest practical day of the ses- sion during which such reference is made. — Constitution Grand Lodge, Art. VI, Sec. 6. 80 Appeals. 37. Order. in which Chairman and members to render opinions. Resolved, That when any appeal papers shall be received by the Grand Secretary, thirty-five days prior to the regular session of the Grand Lodge, he shall immediately deliver the same to the Chairman of the Committee on Ap- peals, and said Chairman shall examine said appeal papers, and shall, as soon as possible, transmit the same with his opinion thereon, to the next member of said committee, who shall thereupon examine the same, and after adding his opinion thereto, shall transmit the same to the third member of said committee, and such course shall be followed until each member of said committee shall have acted on said case, and the last member of said committee receiving such report, shall transmit the same to the Chairman thereof, at least seven days before the date of the commencement of the regu- lar annual session. — 1889 Journal, 142, 171. 38. Counsel of party not to act on committee. In case a brother has been counsel or attorney in any matter, he shall not take part with or act as a member of the Com- mittee on Aj^eals in that matter. — 1889 Journal, 171. (See Section 2174.) 2. TRANSCRIPT OR RECORD ON APPEAL. 39. Recording Secretary must transmit it forthwith — Notice of appeal filed. The Secretary shall forthwith send to the Grand Secretary a certified copy of all minutes and documents of the Lodge relating thereto. In cases of charges, the Secretary shall forthwith send a certified copy of the Notice of Appeal, together with a certified copy of all charges, reports, evidence, minutes, documents and proceed- ings of the Lodge and of the Trial Committee, relating to the case, to the Grand Secretary, to be presented to the Committee on Appeals of the Grand Lodge. — Constitution Subordinates, Art. VIII, Sec. 10. 40. Must be transmitted within four weeks — Defective papers. Resoh'ed, That hereafter the Secretaries of Subor- dinate Lodges shall perfect appeals substantially in the forms prescribed by this Grand Lodge. The papers in each Appeals. 81 case of appeal shall be transmitted within four weeks after the appeal is taken, to the Grand Secretary, who shall forth- with forward the same to the Chairman of the Committee of Appeals, who shall, at an early day, examine the case, and if the papers are found not to comply substantially with said prescribed forms, then said papers shall be returned to the Grand Secretary, with the objections thereunto, and he shall at once return the same to the Lodge from which they were received for correction. 1872 Journal, 654, 677. 41. Must be in English language. All appeals must be made out in the English language, even if the Lodge works in German. — 1863 Journal, 433. 42. Must be printed or typewritten. Resolved, That all papers composing the record or transcript on appeal in all appeal cases brought before this Grand Lodge be furnished, in a printed or typewritten form, by the Subordinate Lodge from which the appeal comes. — 1894 Journal, 765. 43. Right to inspect and take copies of records, papers and proceedings. In any and all controversies in the Order, arising or pending in this jurisdiction, in which an appeal has been, or is about to be taken, either party thereto shall have the right to inspect, and, at his own expense, to take a copy of so much of the records, papers and proceedings re- lating thereto, as he may deem essential to his interests in the matter. And on demand in writing therefor, the Lodge hav- ing the custody of such records shall afford ample facilities for such inspection, and for the taking of such copy, and, if required, shall cause such copy to be certified under seal of the Lodge.— 1888 Journal, 1163. 44. The same. The enactment found on page 1163 of the Journal for 1888 provides for the right of inspection of the records, papers and proceedings relating to an appeal by either party thereto, and of taking of copy thereof and of the certifying to the same under seal. The right under this law must be accorded to the brother. — Piddington vs. On- tario Lodge, 1896 Journal, 524, 558. 6 k 82 Appeals. 45. Copy of proceedings in case of trial. A Lodge and its Trial Committee must furnish to a brother, on demand, a certified copy of all proceedings, or allow such brother to take from its records such copy and a copy of the evidence taken at the trial of the case, for the purpose of appealing to the Grand Lodge; the same to be at the expense of the party applying for such copy. — 1898 Journal, 10, 256, 278. 46. Lodge not bound to furnish appellant certain papers. The Lodge is not obliged to make out and furnish the ap- pellant on his demand with a copy of the evidence and pro- ceedings on the trial. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 47. Copies of papers, etc., must be transmitted. A Sub- ordinate Lodge, when an appeal is taken to this Grand Lodge, has no right to refuse to allow said appeal, or refuse to transmit the transcript required by law or copies of any papers the appellant may deem necessary to the full under- standing of his appeal. — 1864 Journal, 569 ; Wagner vs. Ger- mania Lodge, 1890 Journal, 424, 444; Matter of Sawyer, 1890 Journal, 425, 448. 48. Transcript must be sent if notice of appeal filed. If a notice of appeal is filed a Lodge should transmit copies of all papers, minutes, etc. The question as to whether a brother has forfeited his right of appeal will be settled by the Grand Lodge when the case comes before it. — 1891 Jour- nal, 586, 687, 715. 49. What copies should be transmitted. It is the duty of a Subordinate Lodge to transmit to the Grand Secretary, in all appeal cases, a copy of the charges, reports, testimony, evidence and other proceedings had before the Trial Com- mittee ; of all documents and proceedings of the Lodge relat- ing to the case ; of all exceptions filed before the committee or the Lodge, whatever their form or contents, and a full tran- script of the minutes of the Lodge proceedings affecting any case in which an appeal is taken.— 1862 Journal, 285 ; 1864 Journal, 569. Appeals. 83 50. The same. Copies of the notice of the filing of the report of the Trial Committee with the Lodge, and of the certificate or admission of service of the said notice on or by the accused, should be transmitted to the Grand Lodge. — Paul vs. Laurel Lodge, 1885 Journal, 354, 367. 51. The Lodge should send copies only. Upon an appeal, the Lodge should certify copies only, according to the Con- stitution of Subordinates; and the original charges, testi- mony and proceedings should never leave the custody of the Lodge, unless the Grand Lodge requires them for its own inspection and issues a mandate for their production. — Por- ter vs. Magnolia Lodge, 1862 Journal, 285 ; Carr vs. North Star Lodge, 1862 Journal, 299, 318 ; 1882 Journal, 739, 844, 879. 52. Appeals tried by certified record. When record may be corrected. Resolved, That cases coming before this Grand Lodge upon appeal shall be tried by the record as certified by the Secretary of the Subordinate Lodge. The brother appealing has a right to inspect the record before it is re- turned to the Grand Lodge, and shall not be permitted to contradict it when returned, unless he shall have made a motion to correct it in the particulars complained of, in the Subordinate Lodge, before its return. — Kendall vs. Eureka Lodge, 1855 Journal, 122, 132. 53. When the Lodge or Committee fails to enter adverse rulings. In case the Lodge or Trial Committee do not en- ter adverse rulings in the minutes of the Trial Committee or of the Lodge, it is suggested that the appellant present to the Trial Committee, and if they refuse to settle it, to the Lodge, a statement of the adverse rulings of the Trial Com- mittee for settlement. If both committee and Lodge refuse to settle a statement fairly, the appellant should file with the Lodge, as part of his appeal papers, a statement support- ed by his own verification and that of other brothers present who understand the matter as he does. All difficulty will be avoided by having the rulings entered as soon as made, in the minutes of the Trial Committee or of the Lodge. — Chico Lodge vs. Nathan, 1868 Journal, 469, 481. 84 Appeals. 54. The appellant must take the proper steps to correct the record. Appeals are tried by the record or transcript as certified by the Secretary. If the record is incorrect, the appellant must take the proper steps to correct or contra- dict it, as prescribed by the legislation and decisions of this Grand Lodge. — Lowenthal vs. San Jose Lodge, 1876 Jour- nal, 466, 467 ; Holcomb vs. Nietos Lodge, 1877 Journal, 655, 666 ; Millard vs. Mountain View Lodge, 1879 Journal, 77, 90. 55. Presumption that the Secretary transmitted all papers. If the appealing party were to be hindered a year in the prosecution of his appeal by having the papers in his case sent back to the Lodge because they are accidentally or designedly made imperfect or informal, it would in many cases work a denial of justice. The correct position is that, as it is the duty of the Lodge to make the returns in cases of appeal, and to return all the papers and proceedings, it must be presumed, so far as the Lodge is concerned, that it has complied with the law, and that the return made by the Secretary does contain all the papers and proceedings. — Porter vs. Magnolia Lodge, 1862 Journal, 285. 56. Secretary no right to add a voluntary statement to the record. The Secretary certifies to the record or tran- script under his hand and seal of the Lodge, and when he adds a voluntary statement over his signature, but not under seal, and not as a part of the record — that Brother L. returned from Portland, Oregon, to Alturas, Modoc County, California — such a statement is not evidence, and is not a part of the transcript on appeal. The Secretary, like others, has no right to make such statements outside of the record. Payne vs. Modoc Lodge, 1892 Journal, 71, 90. 57. Transcript sent only in case of appeal. Where there is no appeal taken in matters of charges the transcript or papers should not be transmitted to the Grand Lodge. — Franklin vs. Limpensel, 1870 Journal, 227, 251; Strauss vs. McCarthy, 1872 Journal, 562, 653. 58. Must show at what time action complained of was taken. As the Grand Lodge cannot entertain an appeal uu- Appeals. 85 der Section 5, Article IV, Constitution of Subordinates (ben- efit investigations), unless the notice of appeal be served within two weeks after the action appealed from is taken by the Lodge, the transcript on appeal must show at what time the action complained of was taken by the Lodge, this being a jurisdictional fact. — Middleton vs. Eel River Lodge, 1884 Journal, 110, 134. 3. APPELLATE JURISDICTION— RIGHT, TIME AND MANNER OF APPEAL. 59. In the matter of charges, appeals must be taken with- in two weeks. In the matter of charges, an appeal from the Judgment of the Lodge may be taken at any time within two weeks thereafter to the Grand Lodge, and if no such appeal is taken the judgment of the Lodge is final. — Con- stitution Subordinates, Art. VIII, Sec. 4. 60. An appeal from the Lodge's action, refusal or neglect within two weeks. Appeals may be taken from the action, refusal or neglect of a Lodge within two weeks thereafter by any brother deeming himself aggrieved thereby. — Con- stitution Subordinates, Art. VIII, Sec. 15 ; Appeal of Crooks, 1903 Journal, 121, 124, 154. 61. Time of appeal. Our laws require appeals to be taken within two weeks. The notice must be given within two weeks or the right of appeal is lost — Wagner vs. Ger- mania Lodge, 1892 Journal, 73, 79 ; 1865 Journal, 75 ; Allen vs. Morilla Lodge, 1902 Journal, 885, 892. 62. To review Lodges* acts, etc., one must appeal. The presumption is in favor of the action of the Lodge, and those who do not desire to acquiesce in its acts, or those who desire to have its acts, refusals or neglects reviewed, must appeal to the Grand Lodge therefrom within the time al- lowed for appeal. — Appeal of Crooks, 1903 Journal, 121, 124, 154. 63. In case of death of member a beneficiary may be substituted and appeal. In cases involving the good standing of a member with his Lodge, if such member ^6 Appeals. shall die before the time for ^ling his notice of appeal has expired, any person pecuniarily interested in the result of the case as a beneficiary, under our laws, may be substituted in place of such deceased member within eight weeks thereafter, and thereafter prosecute said case to final determination. Such substitution shall be made by serving the Lodge with a written notice, stating the death and the date thereof, the facts showing the person to be such beneficiary, and that the person desires to prosecute the case ; and filing with the Secretary a notice of appeal. — Constitution Subordinates, Art. VIII, Sec. 10. 64. In benefit investigations, appeals must be taken with- in two weeks. In investigation of claims for benefits by a committee appointed on demand of a brother, as provided in Constitution of Subordinates, an appeal from the judgment of the Lodge may be taken, at any time within two weeks thereafter, to the Grand Lodge, on questions of law, or fact, or both, and if no such appeal is taken, the judgment of the Lodge is final. — Constitution Subordinates, Art. IV, Sec. 5. 65. A widow may appeal in certain matters. In investi- gations of a widow's claim for benefit or allowance, by a committee appointed on her demand, as required in Section 8, Article IV, of Constitution of Subordinates, she may ap- peal from the judgment of the Lodge within the time and in the manner provided in Section 5 of said Article. — Con- stitution Subordinates, Art. IV, Sees. 5 and 8. 66. Any person in certain matters as to benefit, relief or allowance, may appeal. In investigations by a committee appointed on a person's demand, as required in Section 8^ Article IV, of Constitution of Subordinates, of a claim for benefit, relief or allowance, which our laws provide shall be paid, the person may appeal from the judgment of the Lodge within the time and in the manner prescribed in Section 5 of that Article. — Constitution Subordinates, Art. IV, Sees. 5 and 8. 67. Demand to appoint Benefit Investigating Committee. Where a brother demands in writing that the Lodge appoint Appeals. 87 a committee under Section 5, Article IV, Constitution of Subordinate Lodges, to investigate his claim for benefits for the four weeks immediately preceding the demand and the Lodge neglects or refuses to appoint such committee, an ap- peal may be taken from the action, neglect or refusal of the Lodge within two weeks thereafter by the brother ag- grieved thereby. — Petersen vs. California Lodge, 1900 Jour- nal, 139, 176. 68. Investigating Committee as to benefits, relief, or al- lowance. If a demand is made for the appointment of a committee to investigate as to benefits, relief or allowance, as provided in Sections 5 or 8 of Article IV, Constitution of Subordinates, the Lodge must appoint the same. In case of refusal to appoint, an appeal lies to the Grand Lodge. — In the matter of Palmer, 1892 Journal, 109, 120. 69. An appeal is a matter of right. All questions of the right of appeal are independent of any allowance of such appeals by the Subordinate Lodge. — Wagner vs. Germania Lodge, 1890 Journal, 424 ; Sheridan vs. Millville Lodge, 1885 Journal, 352, 367 ; Harbor Lodge vs. Engelbright, 1886 Jour- nal, 609 ; 1862 Journal, 287, 322 ; 1864 Journal, 569. 70. An appeal cannot be ignored. A Subordinate Lodge, when an appeal is taken to the Grand Lodge, has no right to refuse to allow, or to refuse to grant, said appeal. — Wag- ner vs. Germania Lodge, 1890 Journal, 424, 448 ; Matter of Sawyer, 1890 Journal, 425, 448 ; 1877 Journal, 582, 678, 702. 71. Lodges must recognize an appeal and transmit tran- script. A Lodge has no right to refuse to recognize an ap- peal from its action, and when an appeal is taken it is the duty of the Lodge to cause to be sent to the Grand Secretary a transcript of the records and proceedings in the case. — 1901 Journal, 411, 544, 562. 72. Grand Master has no jurisdiction in matter of charges. The Grand Master has no authority to act upon appeals in cases of trials of members. He has no appellate jurisdiction in matters of charges or questions arising or 88 Appeals. growing out thereof. They must be sent to the Grand Lodge for action. — Noble Grand of Los Angeles Lodge vs. Schlos- ser, 1891 Journal, 703, 727; Harkins vs. St. Helena Lodge, 1882 Journal, 741, 837; Davis vs. Welcome Lodge, 1876 Journal, 490, 563; 1855 Journal, 145; 1866 Journal, 170, 174; 1894 Journal, 720, 739. 73. The District Deputy Grand Master has no jurisdiction in matters of charges. There is no appeal in matters of charges or trials to the District Deputy Grand Master. No power is lodged in that officer's hands to review the pro- ceedings of a Lodge or committee in cases of trial. He has no judicial power and no appellate jurisdiction in matters of, or questions growing or arising out of, charges. — Pid- dington vs. Ontario Lodge, 1896 Journal, 524, 558; Noble Grand of Los Angeles Lodge vs. Schlosser, 1891 Journal, 703, 727 ; 1866 Journal, 170, 174 ; 1894 Journal, 720, 739. 74. Appeals in trial cases to Grand Lodge. All appeals in matters of charges, or questions arising or growing out of matters of charges, must be taken directly to the Grand Lodge, and the transcript on appeal must be transmitted to the Grand Secretary for the Committee on Appeals and the Grand Lodge for action. — Dodson vs. Konokti Lodge, 1876 Journal, 490, 491, 563; Noble Grand of Los Angeles Lodge vs. Schlosser, 1891 Journal, 703, 727; Piddington vs. On- tario Lodge, 1896 Journal, 524, 558 ; 1894 Journal, 720, 739. 75. The District Deputy Grand Master has no jurisdic- tion in benefit investigations. An appeal from the action of a Lodge denying benefits, after investigating as provided in Article IV, Section 5, Constitution of Subordinates, cannot be made to the District Deputy Grand Master, but must be made directly to the Grand Lodge. — Middleton vs. Eel River Lodge, 1884 Journal, 110, 134. 76. Decision on point of order and District Deputy Grand Master. An appeal cannot be taken to the District Deputy Grand Master from a decision on a point of order relative to the postponement of action on a bill of exceptions, as in all matters of trials or charges, he has no jurisdiction. — 1894 Journal, 720, 739. Appeals. 89 77. District Deputy Grand Masters and appeals. Under Section 15, Article VIII, Constitution of Subordinates, all appeals unless otherwise provided, are to be taken to the Grand Lodge; there is no provision of law providing for appeals from the action of a Subordinate Lodge to a District Deputy Grand Master, and a District Deputy Grand Master has no jurisdiction or authority to entertain such appeals. He may, under Section 7, Article IV, Grand Lodge Constitu- tion, decide all questions of law submitted to him by the Lodges under his charges, but must report such decisions immediately to the Grand Master for his approval. — 1900 Journal, 224, 244. 78. Appeal must be taken within time. An appeal must be taken within the time prescribed by law, otherwise the right of appeal is gone, and it cannot be resuscitated by a revival of the claim, or otherwise. When the legislation of a State Grand Lodge limits the period within which appeals from the action of its Subordinates must be taken, such Grand Lodge cannot disregard its own laws or suspend them, and entertain appeals taken after such period has ex- pired. — Strelitz vs. Los Angeles Lodge, 1878 Journal, 905, 952; 1862, S. G. L. Journal, 3468, 3490. 79. Time elapses — Right of appeal cannot be revived. Where, by the laws, appeals are required to be made within a limited time, and that time is suffered to pass by without appeal from the action of his Lodge, of which a member complains, his right of appeal is gone, and cannot be resusci- tated by a revival of his claim or demand, or a second re- fusal or denial of his claim by the Lodge ; the second denial being nothing more than a reiteration of the former decision from which, if at all, the appeal should have been taken. — 1862 Journal, 271 ; In re B. Isaacs, 1887 Journal, 898, 905 ; 1861-1895 S. G. L. Journal, 3381, 14464, 14471. 80. Appeals not taken in time dismissed. Where notice of appeal is not given, or served, or taken, within time, the appeal is dismissed. — Samsel vs. Salmon Creek Lodge, 1878 Journal, 932, 970; Solomon vs. California Lodge, 1880 Jour- 90 Appeals. nal, 317, 350; George vs. Grass Valley Lodge, 1887 Journal, 854, 889; Lagrave vs. Franco- American Lodge, 1899 Jour- nal, 549, 612. 81. From judgment or final disposition. Appeals in mat- ters of charges must be taken within two weeks after judg- ment or final disposition. Scott vs. Spring Valley Lodge, 1891 Journal, 681, 685 ; Lagrave vs. Franco-American Lodge, 1899 Journal, 549, 612. 82. Report of Trial Committee that charges are insuf- ficient adopted, and appeal. Where a Trial Committee re- ports charges as insufficient, and the Lodge at the same meet- ing adopts the report, a notice of appeal must be given with- in two weeks thereafter. When notices of appeal are not given in time the appeal is dismissed. — Hart vs. Ferndale Lodge, 1901 Journal, 507, 539. 83. No appeal until final disposition. Under the law when charges are preferred, all incidental questions that may subsequently arise, may be made a part of the record in the form of an exception and become a ground of appeal from the final judgment of the Lodge. No appeal, however, lies until the Lodge has made or rendered a final disposition of the charges or final judgment. — Slocomb vs. Cayucos Lodge, 1896 Journal, 519, 557. 84. No appeal on incidental questions. No appeal lies till the Lodge has acted upon the report of the Trial Com- mittee, by rendering a final judgment or making final dis- position. There is no appeal on incidental questions. On an appeal from final judgment all the incidental questions as to the appointment of members of the Trial Committee and errors occurring during the trial, can be considered. — Hubbs vs. Famsworth Lodge, 1899 Journal, 547, 612; Ayer vs. Famsworth Lodge, 1899 Journal, 546, 612. 85. A premature appeal — Motion — Order for benefits. Where a motion was duly made and seconded that an order be drawn on the Treasurer in favor of a brother for sixteen dollars for four weeks' sick benefits for sickness dating from Appeals. 91 a certain date and the Noble Grand declared the motion not in order; and an appeal was taken from his decision to the Lodge and the Lodge sustained the appeal, deciding that the motion was in order; and the brother then appealed therefrom to the Grand Lodge. The appeal to the Grand Lodge is premature. The Lodge has not adopted or rejected the motion. It has not acted upon it. The Lodge in passing upon the motion might not adopt it, and if so, then there would not be anything for those opposed to granting bene- fits from which to take an appeal. — 1898 Journal, 163, 197. « 86. Premature appeal — Benefit investigation. Where a brother made a demand in writing that the Lodge appoint a committee under Section 5, Article IV, Constitution of Subordinates, to investigate his claim for the four weeks immediately preceding the demand, which was referred to a benefit investigating committee then investigating a prior claim of the brother for benefits, and which committee had not yet reported, and the brother appealed on the ground that the Lodge did not appoint a committee on his last de- mand as required by said Section 5, the appeal was prema- ture and was dismissed, as the Lodge took action on the de- mand and had not at the time of the appeal rendered a final judgment in regard thereto or made a final disposition of such demand. — Petersen vs. California Lodge, 1900 Jour- nal, 140, 176. 87. Points of order and no action on motion or resolu- tion. An appeal may be taken from the final action of a Lodge on a matter, but where the Lodge has not acted upon a resolution or motion made, but has simply decided a point of order in regard to it to the effect that the Lodge may entertain and act thereon, an appeal does not lie. — Gum- biner vs. Crockett Lodge, 1900 Journal, 144, 176. 88. From judgment or final disposition. Appeals in mat- ters of investigation of claims of benefits, under Section 5, Article IV, Constitution of Subordinates, must be taken with- in two weeks after judgment or final disposition. — Sawyer vs. Phoenix Lodge, 1891 Journal, 667, 674; Robertson vs. Femdale Lodge, 1897 Journal, 968, 978. 92 Appeals. 89. A premature appeal — Report of Investigating Com- mittee. After the filing of the report of a committee ap- pointed under Section 5, Article IV, Constitution of Subor- dinate Lodges, to investigate a brother's claim for benefits, but before the Lodge has taken final action on the report, the claimant gave notice of appeal. The appeal was premature and was accordingly dismissed. — George vs. Marion Lodge, 1899 Journal, 683. 90. Refusal to dismiss charges and appeal. Our laws do not 'permit an appeal to be taken from the action of the Lodge refusing to dismiss charges for insufficiency. — Slo- comb vs. Cayucos Lodge, 1896 Journal, 519, 557. 91. Expelled for contempt, and appeal. A brother ex- pelled for contempt has the right to appeal. In case the Lodge errs, it is the mode of obtaining redress. — 1891 Jour- nal, 586, 687, 715 ; Petition of Meyerstein, 1878 Journal, 946, 974. 92. By-Laws and an actual case under them. Where By- Laws of a Lodge have been approved by the Committee on Laws of Subordinates of the Grand Lodge, and the Lodge notified thereof, and also approved by the Grand Lodge, a brother has no right of appeal simply to test the validity of such a By-Law. There must be an actual case under the By-Laws, or involving the question of the validity of such By-Laws, and the appeal must be in that case on the ground that the By-Law is unconstitutional or invalid. For in- stance, if the Lodge under the By-Laws regulating funeral assessments should levy an assessment on the members of the Lodge, then any member in the manner and within the time provided by our law, may appeal from such assessment on such grounds. — Clark vs. Napa Lodge, 1896 Journal, 527, 558. 93. Ceased membership. A brother is required to appeal within two weeks, in case of ceasing to be a member, the same as in other cases. — 1865 Journal, 75. 94. No right of appeal in certain cases. A brother has not the right of appeal to the Grand Lodge from a vote Appeals. 93 taken in his own Lodge refusing to reinstate him after being suspended for non-payment of dues. — 1887 Journal, 869, 877, 889. 95. Dues and assessments during expulsion paid. Where the Grand Lodge reversed the judgment of a Lodge expelling a brother for contempt, and the brother thereafter paid all dues and demands charged against him during the period of his expulsion, and seven months after said payment ap- pealed from the action of the Lodge compelling him to pay all the dues and assessments during the period of his ex- pulsion, the appeal was dismissed as being too late. Our laws require all appeals to be taken within two weeks. — • Wagner vs. Germania Lodge, 1892 Journal, 73, 91. 96. Cases in which the accuser has no right of appeaL When a trial has been regularly had on the charges pre- ferred, and the accused is acquitted on the facts by the de- cision of the Lodge, the brother preferring the charges has no right of appeal.— Kendall vs. Eureka Lodge, 1855 Jour- nal, 121, 132 ; Fletcher vs. Hope Lodge, 1879 Journal, 77, 99 ; Martin vs. Cupertino Lodge, 1902 Journal, 883, 891, 892. 97. The same. A brother who presents charges before the Lodge against another has not the right to appeal from the verdict of the committee, to whom the same was re- ferred, if no grounds of informality or protest have been en- tered during the progress of the trial. — 1859 Journal, 447, 521. 98. Accuser and questions of fact. The accused having been acquitted, the accuser has no right of appeal on ques- tions of fact alone. So far as facts are concerned, the find- ing of the Lodge is conclusive. — Fraser vs. Los Angeles Lodge, 1893 Journal, 348, 363 ; Cohn vs. Hiller Lodge, 1867 Journal, 323, 327; Martin vs. Cupertino Lodge, 1902 Jour- nal, 883, 891, 892. 99. Accuser may appeal on questions of law. After a judgment of acquittal, the accuser has a right of appeal as to matters of law. The appeal is confined to questions of law 94 Appeals. > alone, and is the only safeguard agaifist error in such cases. If the trial is irregular, the judgment will be reversed for that reason, and the case sent back for the purpose of set- tling the law. The decision of it becomes a precedent by which Subordinate Lodges may be taught to avoid similar errors. — Eureka Lodge vs. Wilson, 1877 Journal, 650, 666; Cohn vs. Hiller Lodge, 1867 Journal, 323, 327; Swan vs. Mount Shasta Lodge, 1868 Journal, 466, 481 ; Shey vs. Porter- ville Lodge, 1895 Journal, 140, 179. 100. Appeals, how taken. All appeals shall be taken by filing with the Secretary a notice of appeal and the grounds thereof. — Constitution Subordinates, Art. VIII, Sec. 10. 101. To the Grand Lodge. All appeals shall be taken di- rectly to the Grand Lodge, unless otherwise provided. — Con- stitution Subordinates, Art. VIII, Sec. 15. 102. The grounds of appeal must be stated. Those who desire to appeal must comply with the requirements of the Constitution of Subordinates. If there is no statement of the grounds of appeal, the attempted appeal is ineffectual and will be dismissed. — Lang vs. Germania Lodge, McPher- son vs. Tuolumne Lodge, Richards vs. Tuolumne Lodge, and Trude vs. Clear Lake Lodge, 1894 Journal, 679, 680, 681, 682, 716, 717 ; Sheldon vs. Ramona Rebekah Lodge, 1895 Journal, 140, 178; Stein vs. Hermann Lodge, 1897 Journal, 953, 977; Wofford vs. Central California Lodge, Landsbor- ough vs. Florin Lodge, Lang vs. Hecker Lodge, Reardon vs. Healdsburg Lodge, and Kupper vs. Fountain Lodge, 1898 Journal, 167, 169, 198, 203 ; Housekeeper vs. Ontario Lodge, 1899 Journal, 603, 613 ; Miller vs. Los Angeles Lodge, 1902 Journal, 883, 891. 103. The form of notice of appeal. The Grand Lodge has prescribed a form of notice of appeal. (See Form No. 33 of the forms affixed to this digest.) It is an improper direction to direct the 'notice of appeal to the Committee on Appeals. Appeals are taken by filing a notice of appeal, and the grounds thereof, with the Secretary of the Lodge, as provided in Sections 10 and 15, Article VIII, Constitution of Appeals. 95 Subordinates. — In the matter of Vickery, 1896 Journal, 575, 617. 104. Notice of appeal served on Grand Secretary. Sec- tion 10, of Article VIII, Constitution of Subordinate Lodges, regulates the manner of taking all appeals from Subordi- nate Lodges and prescribes that all appeals from a Subor- dinate Lodge shall be taken by filing with the Secretary of the Subordinate Lodge a notice of appeal and the grounds thereof. Section 15 of that article authorizes appeals from the action, refusal or neglect of a Lodge and further pro- vides in effect that if any law allowing an appeal from a Lodge does not provide to whom or to what body an appeal may be taken it must be taken to the Grand Lodge. A notice of appeal given to the Grand Secretary is ineffectual for any purpose. A notice of appeal must be served on the Lodge or no appeal is taken. — Petersen vs. California Lodge, 1900 Journal, 181, 230. 105. Object of notice of appeal. The object of the notice of appeal is to submit succinctly the errors alleged and not to present a history or an argument. The Grand Lodge strongly condemns voluminous and argumentative notices, and notices containing unnecessary statements and reitera- tions, as they involve useless labor upon the brother appeal- ing and upon the Grand Lodge.^Robinson vs. Templar Lodge, 1884 Journal, 137, 154. 106. Should be entered in full on records. All appeals in a Lodge should be entered in full upon the records, and it is the duty of the Noble Grand to instruct the Recording Secretary to so enter them. — 1861 Journal, 195, 196. 107. Appeals from District Deputy Grand Masters. The Grand Master shall decide all appeals on questions of law which may be made to him from the decisions of his depu- ties. — Constitution Grand Lodge, Art. IV, Sec. 1. 108. Appeal from decision of Grand Master. The law does not provide for an appeal from the decision of a Grand Master, but it is a duty as well as the practice of Grand 96 Appeals. Masters to report their decisions affecting the rights of Lodges, or affecting questions of membership, or the rights of members or persons claiming to be members, to the Grand Lodge for its approval or action. There is, however, no objection to any Lodge, or member, or person claiming to be a member, sending a communication to the Grand Lodge or to a Subordinate Lodge, whether in form of appeal or otherwise, in regard to a decision of a Grand Master. — Appeal of Crooks, 1903 Journal, 121, 124, 154; Matter of Torosa Rebekah Lodge, 1901 Journal, 509, 539. 109. Right of appeal cannot be impaired even if records are destroyed. The right of every brother, upon a proper appeal, to have his case reviewed by the Grand Lodge, can- not be impaired or defeated by the burning of the charges or evidence or notice of appeal. — Sheridan vs. Millville Lodge, 1885 Journal, 352, 367. 110. When member no right to appeal. A brother upon a charge of abusive and offensive language was tried and fined by the Lodge. A member of the Lodge who was not the accused or the complainant and not interested or con- cerned in the case, except as a member of the Lodge, ap- pealed on the ground that some irrelevant and incompetent evidence was received and that the Noble Grand voted when there was not a tie vote. The appeal was dismissed as the member under our laws had no right to appeal. — Brown vs. Fall River Lodge, 1889 Journal, 101, 107. 111. When an appeal may be taken. Section 4, Article VIII of the Constitution of Subordinates, provides that if an appeal is not taken within two weeks thereafter the judg- ment shall be final. This section and the mode of procedure in cases of charges do not contemplate an appeal by any or all brothers of a Lodge upon any and all questions of law or fact which may arise during the course of the proceed- ings, from the preferment of charges to the final disposition thereof. In such cases, where the accused is tried and con- victed and expelled, and he does not appeal, the judgment is final. An appeal not taken by the accused or the accuser. Appeals. 97 but by the Noble Grand, on the question as to whether cer- tain brothers had a right to and were required to vote was dismissed as unauthorized by law. — Davis vs. Riverside Lodge, 1897 Journal, 966, 977. (See Stay of Proceedings.) (Appeals from Grand Master and Noble Grand — See Order, Rules and Questions of.) 4. RULES OF DECISION AND OTHER MATTERS. 112. Burden of proof on appellant to show affirmatively that the Lodge has erred. Under our system of laws a Lodge is a sovereignty, having all the rights of self-govern- ment, subject, however, to the Constitution and laws of the Sovereign Grand Lodge, and the Constitution and laws of the Grand Lodge of this State. It possesses and exercises legislative and judicial powers, and in the administration of the benefits and charities of Odd Fellowship, the presump- tion is in favor of the justice and legality of its proceedings. The burden of proof, therefore, is upon the appellant to show affirmatively that the Lodge has erred. — Haswell vs. Capitol Lodge, 1873 Journal, 865, 887 ; Hitz vs. Alisal Lodge, 1877 Journal, 652, 666 ; Osgood vs. Sierra Lodge, and Froom vs. Santa Barbara Lodge, 1878 Journal, 889, 890, 906, 934, 952; Strange vs. Sierra Lodge, and Buck vs. Unity Lodge, 1879 Journal, 79, 99, 132, 146 ; Fella vs. Golden Gate Lodge, 1883 Journal, 1160, 1178; Payne vs. Modoc Lodge, 1892 Journal, 72, 90; Lord vs. Parker Lodge, 1894 Journal, 722, 739 ; Lane vs. San Lorenzo Lodge, 1900 Journal, 147, 177. 113. When judgment will not be sustained. In appeal cases to the Grand Lodge, the judgment of the Subordinate Lodge will not be sustained unless the following rules are substantially complied with: First. Charges shall distinctly set forth the offense, with specifications of time, place and circumstances sufficient to constitute a complete offense. Second. All testimony to be reduced to writing, under oath, if made by a person not a member of the Order, and 7 98 Appeals. upon the honor of an Odd Fellow if the witness be a mem- ber. The testimony must state that such oath or obligation was administered. Third. No testimony to be taken without notice to and opportunity for cross-examination by the opposing party. — 1856 Journal, 205. 114. Reversal of judgment — New trial. In every case of the reversal of a judgment on appeal by this Grand Lodge, the Subordinate Lodge has the power to order a new trial, avoiding the errors in the proceedings pointed out by the Grand Lodge. — 1856 Journal, 205. 115. Reversal of judgment — New trial. In case of the reversal of a judgment on appeal by the Grand Lodge on the ground of insufficiency of evidence to establish guilt, the I^odge may order a new trial if it has or acquires other and additional testimony sufficient to prove the guilt of the accused. Cases seldom justify such a course, and the Lodge should order the new trial only where it clearly and beyond doubt has or acquires such additional evidence. If a Lodge should abuse its power in this respect to persecute or oppress a brother it would be guilty of an offense. — Hart vs. Ferndale Lodge, 1899 Journal, 623, 624, 672, 673. 116. Presumption in favor of acts of the Lodge. It is undoubted that every brother must have allowed to him a fair opportunity for defense from any alleged fault, and to present any matters in mitigation; but there is an equally familiar principle controlling trials, or proceedings in the nature of trials. The presumption is that the acts of the Lodge have been regular. It appears that the fine in this case was inflicted in open Lodge, and it does not appear that the brother was not present, or that he had no oppor- tunity to make any excuse he deemed pertinent, and we must presume he had a fair opportunity for defense, excuse or denial.— 1861 Journal, 162, 187. 117. Presumption in favor of a committee. The pre- sumption is in favor of the regularity of the proceedings of Appeals. 99 a legally constituted committee until the contrary is shown. — Winfry vs. California Lodge, 1880 Journal, 320, 351. 118. Unimportant errors. Errors of law may occur dur- ing the progress of a trial and not be of sufficient import- ance to justify a reversal of the judgment. — Rattenbery vs. Capitol Lodge, 1870 Journal, 262, 292. 119. What is not expected of Trial Committees. It is not expected that a trial before a committee of Odd Fellows can be conducted with all the nice discriminations and exactness which attend trials before regular judicial tribunals. It is sufficient if the testimony is so presented as to give the committee a full knowledge of all the facts and circumstances, and lead them to just and correct con- clusions. — California Lodge vs. Livingston, 1870 Journal, 258, 259, 292. 120. A harmless error or irregularity. An error or slight irregularity, which works no harm, is not a cause of reversal or complaint. — Malcolm vs. Yerba Buena Lodge, 1879 Jour- nal, 80, 92 ; Cohen vs. Hiller Lodge, 1867 Journal, 323, 327 ; Lowenthal vs. San Jose Lodge, 1876 Journal, 466, 467. 121. Errors which do not render the trial in any degree unfair. Where the errors committed were not such as to render the trial in any degree unfair, and where the case would not have been more favorable to the defendant had none of these errors existed, the judgment was affirmed. — California Lodge vs. Livingston, 1870 Journal, 258, 259, 292. 122. Memorials, petitions and ex-parte statements. Mat- ters involving the rights of Lodges are not passed upon or reviewed by the Grand Lodge; upon ex-parte statements or petitions, an appeal must be taken. — Memorial of Mary New- man, 1886 Journal, 659, 662 ; Petition of Chenhall, 1879 Jour- nal, 116 123. Acts of Lodges disturbed only on appeal. The action of a Subordinate Lodge will not be disturbed except on direct appeal therefrom. After the time of appeal has passed without an appeal, the Lodge has a right which the 100 Ai»PEALS. Grand Lodge will not violate by acting upon memorials or petitions. — Memorial of B. Isaacs, 1887- Journal, 898, 905. 124. An appeal not in due course of law. An appeal must be taken in due course of law, otherwise the Grand Lodge will not review the decisions of Lodges upon ques- tions of benefits. — Memorial of Mary Newman, 1886 Journal, 659, 662. 125. Judgment of the Lodge final, unless appealed from. The Constitution of Subordinate Lodges, in the section relat- ing to trials upon charges, Article VIII, Section 4, provides : "An appeal from the judgment of the Lodge may be taken at any time within two weeks thereafter to the Grand Lodge, and if no such appeal is taken, the judgment of the Lodge shall be final." Under this provision, in the absence of an appeal, the judgment of a Lodge should not be disturbed. — Petition of Jacob Strelitz, 1877 Journal, 671, 695. 126. Ex-parte communications are not appeals. A com- munication wherein a brother complains that he is in good standing in his Lodge, that he has been a long time sick, and his Lodge refuses to pay him benefits, was returned to the brother, as it is a mere statement without record and without the substance or form of an appeal. — Kuchenmeister vs. Dia- mond Springs Lodge, 1870 Journal, 228, 251. 127. The same — ^Papers returned. Where a brother claiming benefits sends his statement of the case, together with a statement from a Lodge of another jurisdiction, con- taining orders and reports of committees in relation to the matter, but there is no notice of appeal nor return thereto, nor transcript, the papers were returned to the brother. In such a case the brother utterly fails to bring his case before the Grand Lodge so that the Grand Lodge can act thereon. If he is wronged by the action of his Lodge, the law points out the mode and manner by which he may be relieved by the Grand Lodge. — Hudnott vs. Santa Clara Lodge, 1870 Journal, 273, 294, 295. 128. Ex-parte statements will not be considered. Ex- parte statements and ex-parte documents on behalf of the Appeals. 101 appellant, as well as those on behalf of the respondent, filed or made or transmitted to the Grand Lodge after the appeal, are not part of the transcript on appeal and cannot be con- sidered. Frazee vs. Santa Rosa Lodge, 1887 Journal, 841, 854. 129. The Grand Lodge cannot decide on ex-parte state- ments. The Grand Lodge cannot decide as to the merits or truth of the facts of the case upon ex-parte statements. Where the record of the action of a Lodge is in form, and shows that the Lodge sustains the action of its committee regularly appointed to make inquiry in the premises, the Grand Lodge must presume the report of said committee to be correct, and cannot go behind the action of the Lodge in the premises. — Landers vs. San Francisco Lodge, 1870 Journal, 230, 231, 252. 130. Course required to have Grand Lodge review action of Lodge as to benefits. Where a Lodge neglects or refuses to grant a brother sick benefits, and he does not demand a committee to investigate his claim for benefits, under Section 5, Article IV, Constitution of Subordinates, the action of the Lodge will not be disturbed or reversed on appeal, but will be affirmed, as the brother has not pursued the course provided by law for the review of such questions by the Grand Lodge. — Ashley vs. Pacheco Lodge, 1886 Journal, 615, 617; Piatt vs. Capitol Lodge, 1890 Journal, 383, 388; Wagner vs. Germania Lodge, 1892 Journal, 73, 91 ; Levy vs. Magnolia Lodge, 1893 Journal, 362, 378 ; Lyons vs. Harmony Lodge, 1896 Journal, 612, 619 ; Butner vs. University Lodge, 1898 Journal, 175, 203. 131. The same — Petition — Memorial. In those cases where a Lodge refuses to pay benefits and a brother desires to prosecute his claim therefor, he must pursue the course prescribed by the Constitution of Subordinates; that is, demand a committee of investigation under Section 5, Arti- cle IV, and in case the Lodge decides against his claim, he must take an appeal as provided therein. If he does not, the Grand Lodge will not review or disturb the action of the 102 Appeals. Lodge upon petition or memorial. — In matter of Wetherbee, 1892 Journal, 125, 128; in matter of Wortman, 1889 Journal, 121, 148 : Memorial of Hanf ord Lodge, 1898 Journal, 230, 261. 132. Objects of Section 5, Article IV, Subordinate Lodge Constitution. Section 5, Article IV, of the Constitution of Subordinates, is not only for the protection of the Lodge, but for the benefit of the Grand Lodge. To have this Grand Lodge review the action of Subordinates in matters of sick benefits, brothers must demand the appointment of the com- mittee within time and comply with the requirements of this section of the Constitution, so that this Grand Lodge may be in possession of the evidence upon which the committee acts, and also the proceedings of the committee, that it may be enabled to pass intelligently upon the questions involved. — Breyer vs. San Jose Lodge, 1888 Journal, 1087, 1096. 133. Petition from expelled brother — Contempt. In case a brother is expelled for contempt in refusing to stand trial on charges, the Grand Lodge cannot act upon petition from the expelled brother in matters of this nature. In case a Lodge errs, our laws provide appeal as the mode of obtain- ing redress in such proceedings, and where no appeal is taken, the Grand Lodge is not authorized to review the action of the Subordinate Lodge. — Petition of Meyerstein, 1878 Journal, 946, 974. 134. Petition from expelled brother — Charges. The Grand Lodge cannot act upon a petition from an expelled brother petitioning that the Grand Lodge compel the Sub- ordinate Lodge to reinstate him. If the petitioner has any remedy it is by appeal. In matter of charges and expulsion our laws provide appeal as the means and mode of obtain- ing redress, and when no appeal is taken the Grand Lodge is not authorized to review the action of the Subordinate Lodge.— Petition of Rosenbaum, 1900 Journal, 142, 176. 135. Course required to have Grand Lodge review action of Lodge as to funeral expenses. If a Lodge refuses or neglects to pay funeral expenses, and no demand has been Appeals. 103 made for the appointment of a committee under Section 8, Article IV, of Constitution of Subordinates, to investi- gate the matter, as provided by Section 5, of said Article IV, the Grand Lodge will not review the action of Lodge on appeal. To authorize the Grand Lodge to review the action of the Lodge, the course prescribed by said Sections 5 and 8 of Article IV must be pursued. — ^Holmes vs. Circle Lodge, 1896 Journal, 634, 653. 136. Objections and exceptions must be made and re- served. The accused who desires the action of the Trial Committee to be reviewed in a particular matter, must make and reserve his objection and exception at the time, and also state it in his bill of exceptions. He cannot be permit- ted to acquiesce in the committee's action and then, if the verdict is favorable, accept it, but if unfavorable, set it aside. — Berns vs. Blue Lake Lodge, 1892 Journal, 92, 101. 137. Absence of the accused and objections and excep- tions. The accused not appearing in person nor by attorney of his own selection, all objections to the sufficiency of the charges and the proof to sustain them are considered as reserved, as also all exceptions to regularity of the pro- ceedings had by a Lodge. — 1863 Journal, 402, 441. 138. The accuser consenting to dismissal. An accuser who consents to the report of the Trial Committee that the proceedings be dismissed, which is adopted by the Lodge, has no cause of appeal against the Lodge's action. — Mitch- ell vs. Grass Valley Lodge, 1892 Journal, 80, 91. 139. Evidence for the prosecution excluded. Where the aecu.ser appealed from a judgment of acquittal and it ap- peared the Trial Committee had excluded nearly all the testimony for the prosecution, the judgment was reversed and the cause was remanded for a new trial. — Eureka Lodge vs. Wilson, 1877 Journal, 650, 666. 140. Conflict of evidence, judgment not disturbed. In case of conflict of evidence, where there is sufficient evi- dence to support the judgment or finding, it is settled law 104 Appeals. that the Grand Lodge will not disturb the action of the Lodge. — Hayes vs. El Dorado Lodge, 4890 Journal, 384, 414; Moore vs. Eel River Lodge, Whitters vs. Truth Lodge and Alexander vs. Eureka Lodge, 1891 Journal, 668, 674, 680, 681, 689, 716; Holbrook vs. San Lorenzo Lodge, 1892 Jour- nal, 82, 91 ; Yerba Buena Lodge vs. Collins, 1869 Journal, 100, 123 ; Kennedy vs. Wood, 1873 Journal, 842, 855 ; Ayer vs. Farnsworth Lodge, 1900 Journal, 149, 150, 177. 141. Conflict of evidence, action or decision is final. In case of conflict of evidence, the action or decision of the Lodge as to questions of fact is final. — Kelley vs. Silver Star Lodge, 1887 Journal, 855, 866; Billings vs. Eureka Lodge, 1891 Journal, 695, 717, 723 ; Malcolm vs. Yerba Buena Lodge, 1879 Journal, 80, 99; Sahling vs. California Lodge, 1880 Journal, 316, 350; Freund vs. Sonora Lodge, 1889 Journal, 146, 160; Martin vs. Cupertino Lodge, 1902 Journal, 883, 891, 892. 142. To disturb the judgment, there must be an entire want of evidence. Under the well-established rule of the Grand Lodge, the judgment of a Subordinate Lodge will not be disturbed unless there is an entire want of testimony to sustain the verdict. — Ott vs. Fidelity Lodge, 1880 Journal, 390, 391. 143. The same. There must be an obvious insufficiency of evidence. The Lodge has the opportunity to ascertain the character of witnesses, and know the weight to be given to their testimony. Only in cases of obvious insufficiency of testimony will the Grand Lodge interfere with the judg- ment of the Lodge on the ground that the verdict is con- trary to the evidence. — Jackson Lodge vs. Paul, 1868 Jour- nal, 467, 481. 144. Lodge's discretionary judgment as to facts. As to the facts, the Lodge has a discretionary judgment as to their force, and the Grand Lodge will not reverse the decision of the Subordinate Lodge upon the facts, unless in a case of gross abuse, or unless manifest error appears. — San Juan Lodge vs. Moore, 1859 Journal, 488, 489, 495. Appeals. 105 145. The Lodge is the judge of the facts. On questions of fact, the Lodge is the proper and exclusive judge, and in no case has the Grand Lodge reversed the action of a Sub- ordinate Lodge on the trial of a brother if there be a conflict of testimony. — Napa Lodge vs. Israelsky, 1871 Journal, 427, 440; Bay City Lodge vs. Ephraim, 1861 Journal, 155, 166. 146. Policy of our laws as to conflict of testimony. The policy of our laws is not to disturb the judgment of a Lodge based on the verdict of a committee rendered on matters of fact, unless the evidence is palpably insufficient to jus- tify the verdict of the committee. — Winfry vs. California Lodge, 1880 Journal, 320, 351; Napa Lodge vs. Israelsky, 1871 Journal, 427, 440. 147. Credibility of witness and value, effect and weight of testimony. The Trial Committee and the Subordinate Lodge are the judges of the facts and the best judges of the credibility and character of witnesses, and the value, effect and weight to be accorded to their testimony, and as has been frequently held, it is not the province of the Grand Lodge to review matters of fact where the testimony is con- flicting. — Sacramento Lodge vs. McKin, 1871 Journal, 428, 440: Bay City Lodge vs. Ephraim, 1861 Journal, 156, 166; Fella vs. Golden Gate Lodge, 1883 Journal, 1160, 1178; Mc- Cleery vs. Sacramento Lodge, 1887 Journal, 870, 887. 148. The same. The Trial Committee has an opportu- nity to observe the manner and judge of the credibility of the witnesses, and note many circumstances in the testi- mony which can never be properly reported upon paper. They are the best judges upon a question of fact. — Mountain Rose Lodge vs. McCoy, 1860 Journal, 33, 34, 40; 1861 Jour- nal, 159. 149. The same. The Trial Committee is much more capa- ble of judgin^,' of the testimony of witnesses, and weigh- ing the same, than the Committee on Appeals, because they see and hear the witnesses, and the manner and tone in which the testimony is given. — California Lodge vs. Living- ston, 1870 Journal, 258, 292. 106 Appeals. 150. Fact of disability and benefits. When the question of benefits is one of mere fact as to the physical disability, the brethren of the Lodge are best able to decide it, and the decision of the Subordinate Lodge is final, and will not be disturbed on appeal. — Chapman vs. Capitol Lodge, 1895 Journal, 197, 198, 213 ; 1860 Journal, 28 ; Haswell vs. Capitol Lodge, 1873 Journal, 865, 887; Osgood vs. Sierra Lodge, 1878 Journal, 890, 934; Froom vs. Santa Barbara Lodge, 1878 Journal, 906, 952. 151. A mere issue of fact. Where the issue is purely a matter of fact, and there is no testimony whatever in con- flict with the report of the committee, the action of the Subordinate Lodge will not be disturbed. — San Bernardino Lodge vs. Perdew, 1871 Journal, 449, 470. 152. An acquittal is final as to facts. In cases of acquit- tal, the action of the Lodge is final as to facts. The Grand Lodge cannot consider the question as to whether the ver- dict is contrary to the testimony. The finding of facts is conclusive. — Shey vs. Porterville Lodge, 1895 Journal, 140, 179 ; Cohn vs. Hiller Lodge, 1867 Journal, 323, 327. 153. An expelled Past Grand not admitted to Grand Lodge. A Past Grand expelled by a Subordinate Lodge, and who has appealed from the judgment of expulsion, cannot be admitted to the Grand Lodge to defend his case on appeal. — 1857 Journal, 230. 154. Before Grand Lodge who may represent a Lodge. A brother who is not a Past Grand cannot represent a Lodge in case of an appeal before the Grand Lodge. No one but Past Grands in good standing are admitted to a Grand Lodge session.— 1896 Journal, 414, 578, 619. 155. Argument before Grand Lodge — Evidence on appeal. A brother while arguing a question of appeal has the right to read a portion of the evidence from the transcript on appeal, without reading the whole of it, and it is proper and right for him to state what he claims to be the evidence in the case, but the evidence before the Grand Lodge on an Appeals. 107 appeal is the evidence contained in the transcript on appeal. —1891 Journal, 715, 732. 156. CJharges defective in name of accuser. Where the charges are defective in the name of the person preferring them, and the accused makes this a ground of objection, the conviction should be reversed. — Cloutman vs. Eldorado Lodge, 1855 Journal, 129, 139. 157. Name of accuser cannot be withheld. Where the lecord contained a copy of the charges preferred in the Lodge, but did not contain the name of the person preferring the charges; instead of which name there was merely an entry, ''name withheld by order of the Noble Grand." The record also showed that the accused was not furnished with a full copy of the charges preferred, but only with a copy deficient in the name of the person who preferred the charges, and that he could not obtain the name of his accuser, all of which he made ground of objection before going to trial. The proceedings were reversed. — Chedic vs. Eldorado Lodge, 1855 Journal, 130, 139. 158. Trial Committee appointed by Noble Grand and no exception. Where the records show that the Trial Com- mittee was regularly appointed and the complainant and appellant admits to the Committee on Appeals that he was present when the Trial Committee was appointed, and took no exception to the appointment, the appellant cannot, on the appeal in the Grand Lodge, object that the Noble Grand appointed the whole committee. — Kendall vs. Eureka Lodge, 1855 Journal, 121, 132. 159. Where the Lodge desires to allow further testimony and the accused declines. When a Lodge desires to refer a case back to the Trial Committee, to allow the testimony of other witnesses to be taken, and the accused declines to have such action taken, he cannot on appeal raise the objection that he was not allowed the testimony of such witnesses. — Red Bluff Lodge vs. Porter, 1860 Journal, 34, 33. 160. Right to cross-examine witnesses. To deprive the accused of an opportunity to cross-examine a witness for 108 Appeals. the prosecution who was examined in chief, is a sufficient error to reverse the whole proceeding.^— Livingston vs. Cali- fornia Lodge, 1863 Journal, 416, 417. 161. Refusing the accused time to obtain a witness. Where on charges of feigning sickness and attempting thereby to obtain sick benefits, the Trial Committee commit- ted an error in refusing the defendant time to obtain an absent witness, a doctor; and the trial proceeded without objection, and both parties introduced testimony as to what the witness had said in reference to the case, and the defend- ant was specially allowed to give evidence of witness' state- ment in full, as to the exact condition of defendant's health; and the defendant testified or had an opportunity to testify, to all the facts known to the witness; the error was consid- ered not detrimental to defendant. — California Lodge vs. Livingston, 1870 Journal, 258, 292. 162. Appeals dismissed or withdrawn at request of appel- lant. The Grand Lodge has dismissed appeals at the request of the appellant, when the appellant did not desire to prose- cute it, and the matter had been amicably settled and has allowed appeals to be withdrawn at request of appellant. — Simpson vs. Eldorado Lodge, 1857 Journal, 255, 256 ; Grimes vs. Cherokee Lodge, 1865 Journal, 69, 70 ; Powers vs. Suisun Lodge, 1868 Journal, 491, 492, 508 ; Butler vs. Capitol Lodge, 1882 Journal, 825. 163. Appeals on trivial questions disapproved. The Grand Lodge disapproves of Lodges appealing to the Grand Lodge on questions of trivial importance. — Barns vs. Altu- ras Lodge, 1862 Journal, 281. 164. The effect of appeal. An appeal does not operate as a stay, except in the cases provided in Section 2, Article VIII, Subordinate Lodge Constitution. An appeal by a member under suspension does not restore him to the privi- leges of his Lodge. — Newfield vs. Garcia Lodge, 1881 Jour- nal, 503, 602, 627; 1870 Journal, 256, 282. (See Stay of Proceedings.) Appeals. 109 165. The same. While the right to appeal is sacred under the law, yet a member expelled from a Subordinate Lodge stands expelled until the order from the Grand or Sovereign Grand Lodge for his reinstatement to membership reaches the Subordinate Lodge.— 1898 Journal, 10, 221, 240. 166. On appeal benefits limited to the period claimed. When a claim is made for benefits from a specified date only and refused, a Grand Lodge cannot, on an appeal from such refusal, decide that the applicant was entitled to benefits from a date anterior to the specified date. — 1879 S. G. L. Journal, 8110, 8178. 167. Continuance refused and no exception. Where a continuance is asked and the Trial Committee refuses it, and the accused takes no exception, he cannot avail himself of, or raise an objection to the refusal on appeal. — Lord vs. Par- ker Lodge, 1894 Journal, 722, 739; Knowles vs. Enterprise Lodge, 1897 Journal, 955, 977. 168. Continuance. The continuance of the hearing is a matter which appertains to the discretion of the Trial Com- mittee, and the Grand Lodge will not interfere on appeal, unless it affirmatively appears that the committee has erred ; that it has abused its discretion. — Kjiowles vs. Enterprise Lodge, 1897 Journal, 955, 977. 169. No action on report of Trial Committee. Where a Lodge does not take action on the report of the Trial Com- mittee finding the accused guilty, or pronounce any ver- dict upon the truth or falsity of the charges, the judgment imposing a penalty will be reversed because there must be a verdict or judgment by the Lodge. — Morris vs. Merced Lodge, 1890 Journal, 380, 388; Turner vs. Camptonville Lodge, 1890 Journal, 423, 447. 170. Appeal from reprimand. If he receives his repri- mand and appeals his case to the Grand Lodge, he is not oiit of standing till the Grand Lodge decides his case. — 1894 Journal, 605, 733, 771. 171. Reprimand and appeal. If the accused receives his reprimand before the Grand Lodge decides the case he waives 110 Appeals. his case and appeal, and if the Grand Lodge reverses the action of the Lodge, he is not entitled to an apology from the Lodge.— 1894 Journal, 605, 733, 771. 172. When judgment final. When no appeal is taken from a judgment of a Subordinate Lodge in matter of charges, its judgment is final. — ^Petition of Balch, 1879 Jour- nal, 140, 151. 173. The same. When an appeal is taken from the judg- ment of a Subordinate Lodge in matter of charges, and its judgment affirmed by the Grand Lodge, and no appeal is taken to the Sovereign Grand Lodge, the judgment is final. —Petition of Balch, 1879 Journal, 140, 151. 174. A member of Trial Committee disqualified. Where a brother who is disqualified by his opinions serves on the Trial Committee, after objections and exceptions duly made, the judgment of conviction will, on appeal, be reversed.: — Springer vs. Harbor Lodg^, 1886 Journal, 621, 622, 645. 175. Costs of an appeal. The law of the Order makes no provision for the recovery of costs of an appeal by one litigant from another; therefore costs made by one party cannot be recovered from the other, no matter what may be the result of the litigation.— 1905 S. G. L. Journal, 43, 219, 243. 5. A LODGE OR GENERAL RELIEF COMMITTEE AGAINST A LODGE'S ACTION. 176. Such appeals may be taken. Appeals may be taken by any Lodge within this jurisdiction against the action of any other Lodge also within this jurisdiction. — 1863 Journal, 420, 431 ; 1892 Journal, 134, 135, 137. 177. Must be taken within twelve weeks. An appeal taken by one Lodge against the action of another Lodge, shall be taken within twelve weeks from and after the time the appellant shall receive notice in writing of the action of the appellee.— 1892 Journal, 134, 135, 137. Appeals. 1 1 1 178. Manner of taking such appeals — Duties of appel- lant and appellee. Such appeal shall be taken as follows: First. The appellant shall determine to appeal by reso- lution entered on its minutes. Second. The Secretary shall thereupon and within said twelve weeks transmit to the appellee a copy of such reso- lution, certified to by the Secretary, together with a state- ment on appeal, of all the facts, as the appellant claims them to be, and also such affidavits and documents or copies there- of, certified to by the Secretary as the Lodge deems expedient to prove the facts. Third. The appellee shall, on receipt thereof, transmit to the Grand Lodge a statement on appeal, stating therein what facts in appellant's statements it admits, and what facts therein it denies, and stating all other facts of the case, and such affidavits and documents on its behalf, or copies thereof certified by the Secretary, as the Lodge deems expedient to prove the facts as it claims them to be, and together with copies of all its minutes and documents relating to the case. Fourth. Appellant shall transmit, also, to the Grand Lodge, certified copies of all its minutes and of all documents relating to the case. Fifth. The appellant and appellee shall send to each other copies of all papers sent by them to the Grand Lodge, on the same day that they are transmitted to the Grand Lodge. — 1892 Journal, 134, 135, 137. 179. When action of Lodge final. Sixth. If an appeal is not taken within time the action of the Lodge shall be con- sidered as acquiesced in and final. — 1892 Journal, 134, 135, 137. 180. General Relief Committees. Seventh. This law (the law regulating appeals by one Lodge from another Lodge's action, see the foregoing sections 176 to 180)- shall be applicable to General Relief Committees. — 1892 Journal, 134, 135, 137. 112 Appeals. 181. In case of ex-parte statement and no appeal. In case a Lodge is divssatisfied with the action of another Lodge, the law provides a remedy by appeal, and where there is no appeal, but an ex-parte statement, the Grand Lodge will not decide or determine the issue or difference between the Lodges. — Marin Lodge vs. Golden State Lodge, 1886 Journal, 624, 646. 182. Petition or communication and no appeal. Our laws provide that a Lodge of this jurisdiction may appeal from the action of another Lodge of this jurisdiction, and therefore if a Lodge claims that another Lodge refuses to pay its claim, the proper course to pursue is to take an ap- peal as provided by law. The Grand Lodge will not in such matters act on a petition or communication. — Matter of Mound Lodge, 1892 Journal, 125, 128. 183. Memorial or petition after time for appeal has elapsed. Our laws provide that a Lodge may appeal from the action of another Lodge, and regulate the manner and time thereof. After the time has passed without an appeal, the Lodge has a right which the Grand Lodge will not vio- late by acting on memorials or petitions. — Memorial by B. Isaacs, 1887 Journal, 898, 905. 184. Duty of Grand Lodge. The Grand Lodge should not act on ex-parte statements, nor dispose of a claim of one Lodge against another Lodge without proof, nor hear and adjudicate the same without notice to that Lodge, nor with- out affording the Lodge an opportunity as a Lodge to be heard.— Matter of Mound Lodge, 1892 Journal, 125, 128. 185. Disputes and differences between Lodges. Where there is a dispute and difference between Lodges — that is, where any Lodge claims that another Lodge is indebted to and should pay it a sum of money — our laws provide for an appeal in such cases to the Grand Lodge as an appropriate remedy. In such cases, in the absence of an appeal to the Grand Lodge, it will not review the action of the Lodge. — 1897 Journal, 1040, 1059. Appeals. 113 186. One Lodge from the Action of Another Lodge. Where a brother of a Lodge in this jurisdiction is under the care of another Lodge in this jurisdiction which believes him entitled to benefits, but his Lodge refuses to pay him sick benefits, it is not the duty of the Lodge having him under its care to appeal the case to the Grand Lodge. Our law that one Lodge in this jurisdiction may appeal from the action of another Lodge in this jurisdiction does not apply to such a case. It applies only to cases where the rights or financial interests of a Lodge are at stake. If the Lodge hav- ing the brother under its care had paid the brother sick benefits and his Lodge had refused to repay the Lodge hav- ing him under its care, the right of appeal by the Lodge would exist.— 1900 Journal, 27, 28, 224, 244. 6. APPEALS TO SOVEREIGN GRAND LODGE. 187. Such appeals, how regulated and the effect thereof. Appeals from the judgment or action of a Grand Lodge to the Sovereign Grand Lodge are regulated by the Constitu- tion and legislation of the Sovereign Grand Lodge. It is the duty of a Subordinate Lodge to obey the decisions of its Grand Lodge, which are final and conclusive until reversed by the Sovereign Grand Lodge upon proper appeal thereto. Pending the appeal, the Subordinate Lodge is not entitled to any privileges other than those accorded to it by its Grand Lodge, which may enforce its decisions by demanding the charter and effects of the Subordinate Lodge for non-compli- ance with the decision appealed from. — Lowenthal vs. San Jose Lodge, 1876 Journal, 506, 510. Note. — ^With the consent of the its effects, appeals from such de- Grand Lodge or Grand Encamp- cision. Appeals may also be heard ment of a State, District or Terri- from a member or members of a lory, an appeal may be had by any State, District or Territoriil Subordinate Lodge or Encamp- Grand Lodge or Grand Encamp- ment to the Sovereign Grand ment, from the decision thereof: I^dge; such consent, however, not but in all cases the decision of the being necessary when an expelled State, District or Territorial Ivodge or Encampment after hav- Grand Lodge or Grand Encamp- ing surrendered to its Grand ment shall be final and conclusive, Lodge or Grand Encampment all until reversed by the Sovereign 8 lU Appeals. Grand Lodge on a direct appeal therefrom — (S. G. L. Constitution, Art. I, See. 4 ) . A Subordinate Lodge cannot appeal until it has surrendered its effects, without permission of its State Grand Lodge. A Lodge claimed to have done this, though it retained in its own possession all the emblems, regalia and other usual effects of a Lodge, but did surrender its working books, charter, seal. Treas- urer's book and one record book; it was held that was not such a surrender of its effects as the gen- eral laws contemplate. It should relinquish available and unavail- able funds— (1848 S. G. L. Jour- nal, 1283; 1858 S. G. L. Journal, 2860, 2925, 2963). A Grand Mas- ter cannot grant an appeal from the action of his Grand Lodge — (1875 S. G. L. Journal, 6350,6619, 6692). All appeal papers on ap- peals brought before the Sovereign Grand Lodge shall be furnished by the appealing parties, printed in pamphlet form, on a page of the same size as that of the printed journal of proceedings of the Sovereign Grand Lodge — (1855 S. G. L. Journal, 2493, 2499, 2521 ; 1880 S. G. L. Journal, 8376, 8469) . Appellants must furnish two hun- dred and fifty copies of all appeal papers required by the above law — (1897 S. G. L. Journal, 15509, 15580). The record in all cases of app^als must be forwarded to the Grand Secretary, so as to reach him by Wednesday preceding the second Monday in September of each year, so that they may be furnished the Committee on Ap- peals by the morning of the Wed- nesday following, and the briefs of both appellants and appellees, if printed at all, shall be printed separate and apart from the rec- ord— (1891 S. G. L. Journal, 12681). In all appeals to the Sovereign Grand Lodge, it shall be required of the appellants to send, with their papers, a certified copy of the Constitution and By-Laws of their Grand Body, of the Con- stitution of Subordinates and of the By-Laws of the Subordinate Lodge or Encampment involved in the appeal— (1886 S. G. L. Jour- nal, 10481). In all cases of ap- peal to the Sovereign Grand Lodge, the appellant, at the time the appeal is filed, shall notify the appellee of such filing; and there- after either party filing any argu- ment or brief shall serve a copy on the opposite party. When a Grand Lodge is appellee such ser- vice shall be by sending the copy to the Grand Secretary of sucli Grand Lodge— ( 1898 S. G. L. Jour- nal, 16136, 16158). 188. Facts, how settled and certified. Where an appeal is taken from the action or decision of this Grand Lodge to the Sovereign Grand Lodge, and the party appealing desires facts to be considered as part of the appeal, he must, within twenty days after the adjournment of the session, prepare and file with the Grand Secretary a statement of such facts involved in the appeal as he may deem material ; whereupon the Grand Secretary must deliver or transmit Assessments. 115 to the adverse party such statement, who, if he do not accept the same, must, within twenty days, prepare objections or amendments to the same, specifying the lines and pages cov- ered by such objections or amendments. The statement, with the objections and amendments proposed, must be delivered or transmitted to the Grand Secretary. If the objections or amendments be not accepted within ten days, the Grand Master must fix a place and time to settle the statement, and the Grand Secretary must notify the parties. At the time and place appointed, the Grand Master must examine the proposed statement and amendments, or objec- tions, and hear the arguments, if any, of the parties, and must settle such statement and amendments, or objections. When the statement is settled, unless present at the time, the party appealing must be notified, and within twenty days thereafter must engross and file the statement as settled with the Grand Secretary. Such statement, after being printed, must thereupon be certified by the Grand Master and Grand Secretary, attested with the seal of this Grand r^odge. — Constitution Grand Lodge, Article XII. 189. Res adjudicata. Where the Sovereign Grand Lodge decides a case on appeal, and afterwards adjourns, the deci- sion on said appeal is res adjudicata, as to the specific points involved in the case. It is a final, conclusive and binding judgment, which at no subsequent session can be set aside or annulled, except in a case of gross fraud or mistake which the appellant uses due diligence and takes the proper steps to have corrected. — Robinson vs. Templar Lodge, 1881 S. G. L. Journal, 8798. (See Stay of Proceedings.) ARREARS. (See Benefits, Dues, Assessments, Fines, Password.) ASSESSMENTS. 1. By the Grand Lodge, page 116. 2. By Subordinate Lodges, page 117. 116 Assessments. 1. BY THE GRAND LODGE. 190. Assessments on Subordinates/ At the regular annual session, the Grand Lodge, as provided in Sections 1 and 3 of Article VIII, is empowered to levy assessments to pay the estimated expenses of the Grand Lodge upon each Subordi- nate Lodge in proportion to the number of its members returned at the last semi-annual report thereof, ending June 30th of each year, payable in July, and assessments to pay the estimated expenses of the Odd Fellows' Home upon each Subordinate Lodge in proportion to its members as shown by the semi-annual reports for each term, payable in July and January of each year in such proportions as the Grand Lodge may determine. Said assessments to be assessed upon the members not suspended at the dates above mentioned. — Constitution Grand Lodge, Art. VIII, Sec. 3. Note. — State Grand Lodges and to pay expenses — (1852-1862 have the power to assess their S. G. L. Journal, 2885, 2924, 2963, Subordinates to meet deficiencies 3467, 3498 ) . 191. Homes for aged and indigent Odd Fellows, Widows and Orphans. State Grand Bodies have the legal right and full power to make reasonable and necessary assessments upon their Subordinates, to provide and maintain Homes for aged and indigent Odd Fellows, and widows of deceased members of the Order, and Homes for the care, protection and education of orphans of deceased Odd Fellows. — 1894 S. G. L. Journal, 14115, 14151. 192. To whom assessments are payable. Assessments levied by Grand Lodge on Subordinates * ' shall be payable to the District Deputy Grand Masters, prior to the installation of officers, who shall remit the same without delay to the Grand Secretary." — Constitution Grand Lodge, Art. VIII, Sec. 3. 193. No per capita tax on non-contributing members. The Lodge shall not be compelled to pay per capita tax on those members who, under the provisions of Art. VIII, Sec. 1, clause 1, Constitution of Subordinates, are not suspended for non-payment of dues because they are over sixty years I Assessments. 117 of age and have been contributing members for twenty-five consecutive years, but are retained as non-beneficial mem- bers. — Constitution Subordinates, Art. VIII, Sec. 1, clause 1 ; 1901 S. G. L. Journal, 294, 392, 414; 1902 S. G. L. Journal, 1012; 1904 'S. G. L. Journal, 520, 752, 820; 1905 S. G. L. Journal, 209, 279, 292. 194. Non-contributing members — Non-beneficial mem- bers. The law relieving Lodges and Encampments from the payment of per capita tax on non-beneficial members (non- contributing members) is found in the resolution of the Sov- ereign Grand Lodge, submitted at the session of 1901, Jour- nal pages 392, 393, and its consideration postponed until next year. Journal page 414, and adopted at session of 1902, Journal page 1012, and amended at session of 1904, Journal pages 850, 866, 884. (The foregoing refers to law relating to non-contributing members. See Sections 1951 and 1952 of this Digest.) Sections of Busbee's Digest numbered from 896 to 901, inclusive, do not assume that there is another class of non-beneficial members exempt from inclusion for the per capita tax. (These sections of Busbee's Digest re- late to Odd Fellows over fifty years of age who have been admitted to Lodges as non-beneficial members. See Section 1956 of this Digest.)— 1905 S. G. L. Journal, 76, 276, 291. (See Finance and Finance Committee.) 2. BY SUBORDINATE LODGES. 195. Assessments for Lodge purposes. A Subordinate Lodge may by its By-Laws provide for a widows*, orphans' and educational fund and funeral tax, and for extraordinary assessments for Lodge purposes. — Constitution Subordi- nates, Art. IV, Sec. 1. 196. Must be uniform. Assessments must be uniform. A L()(lg<' cannot levy an assessment on a part of its members and permit others to escape or avoid the same. — 1898 Jour- nal, 12, 231, 277. 197. Must be authorized by law. A Lodge has not the right to assess its members for charges or dues unless the 118 Assessments. same are authorized by law and the Constitution of the Sub- ordinate Lodge. — 1857 Journal, 274. *■ 198. For Lodge expenses. A Lodge has not the right to assess its members for Lodge expenses, unless t^ie By-Laws so provide.— 1891 Journal, 586, 690, 716. 199. How changed. The assessments in a Subordinate Lodge, being fixed by the By-Laws, cannot be changed ex- cept by an amendment thereof. — 1856 Journal, 201, 274. 200. May be levied even if Lodge has money or property. A Lodge can levy an assessment for Lodge purposes in cases provided by its By-Laws, even if it has money or prop- erty at its command at the time of the assessment. — Pixley vs. San Jose Lodge, 1895 Journal, 198, 216; 1879 Journal, 101, 110. 201. The same — A By-Law construed. Under a By-Law which reads, ''Should the funds of the Lodge at any time be exhausted, there shall be an equal assessment on every mem- ber for the relief of the sick or disabled brethren, and for defraying contingent expenses," the funds would be its available resources. The word is often used in a wider sense, and in some cases should be construed to include property of every kind, but under this By-Law the Lodge is not compelled to sell or mortgage its property at a sacrifice in order to raise money with which to pay benefits or con- tingent expenses. It may lawfully levy an assessment. — Pixley vs. San Jose Lodge, 1895 Journal, 198, 213. 202. Appeal from levy of assessment. A member can ap- peal from the decision or acli'm of the Noble Grand direct- ing the levy of an assessment. If the Noble Grand, through an error of fact or of law, directs the levy of an assessment, a member may appeal therefrom to the Lodge, and the Lodge can correct the error. — 1894 Journal, 609, 732, 771. 203. May be levied on absent brothers. A Lodge has the right to levy assessments on brothers who are absent, hold- ing Visiting Cards. — 1856 Journal, 204. 204. A brother suspended for cause. If during his sus- pension for cause any assessment be legally levied it should Ass ESSM E N TS. 119 be charged against him as if he did not stand suspended for cause, and failure to pay the same for twelve months ren- ders him liable to the same penalty as in the case of dues. — 1895 Journal, 23, 195, 196, 236. 205. Assessment to pay doctor's bill illegal. A Lodge has no right to levy an assessment on its members to pay a doc- tor's bill of one of its members. — 1861 Journal, 267, 268. 206. Interest on mortgage. A Subordinate Lodge can- not assess its members to pay interest on a mortgage, unless provided for in its By-Laws. — 1898 Journal, 11, 231, 277; Constitution Subordinates, Art. IV, Sec. 1. 207. A motion to assess to construct a road or a fence. A motion ''that the members of this Lodge be taxed the sum of one dollar each, for the purpose of aiding in the con- struction of a road to the burial ground of the Order, and if any money remain after the road is finished, the balance be applied to the construction of a fence around the same," is not in order, as the assessments in a Subordinate Lodge can- not be changed, except by amending the By-Law. The ob- ject proposed by the motion may be obtained by voluntary contributions, or a direct appropriation from the funds of the Lodge. — ^Hatch et al. vs. Tuolumne Lodge, 1856 Jour- nal, 201. 208. No funeral benefits due — No assessments. In case no funeral benefits are due or payable to anyone, the Lodge has no right to levy a funeral assessment. — 1865 Journal, 59, 76, 77; 1874 Journal, 115, 116, 17; 1894 Journal, 609, 732, 771. 209. The same — Donation for funeral expenses. Where no funeral benefits are due, and the Lodge voluntarily makes a donation to defray the funeral expenses, the Lodge has no right to levy a funeral assessment. — 1870 Journal, 229, 251. 210. When should not be levied. Where there is no provision for the levying of a funeral assessment, except on the death of a member of the Lodge, the Noble Grand may 120 Assessments. not declare such assessment levied in a case where the Lodge attends the funeral of a brother who was not a mem- ber of the Lodge.— 1889 Journal, 27, 122, 163. 211. Funeral assessments — When not to be made. Wher- ever a funeral assessment is prescribed by the By-Laws of a Lodge, ** provided the funeral is held under the auspices of the Lodge," the assessment should not be levied where the funeral is not so held, as in case he is buried by a Relief Committee in another city.— 1888 Journal, 1102, 1104, 1128, 1129. 212. When funeral assessments should be levied. The By-Laws of some Lodges restrict the levying of funeral as- sessments to cases where the Lodge attends the funeral. In other Lodges there is no such restriction — in the latter in- stance when a funeral assessment is provided for, it must be levied whether the Lodge attends the funeral or not. — 1889 Journal, 27, 122, 163. 213. When members cannot attend funeral. Where a Lodge provides in its By-Laws for funeral assessments upon the death of a brother, and a member of a Lodge dies, no matter where, the funeral assessment must be levied upon the entire membership, according to the By-Laws, irre- spective of whether the members can attend the funeral or not.— 1902 Journal, 750, 900, 917. 214. Funeral assessment — When to be made. When the By-Laws of a Lodge provide a "funeral assessment" of a certain amount on the death of a member, the same must be assessed against each member in proper cases, and the Sec- retary should charge it to the account of each member, an order to that effect from the Noble Grand not being neces- sary. The assessment should be made whether or not there are funds in the "funeral benefit fund." — 1883 Journal, 1002, 1150, 1175. 215. Delinquency, and when in arrears. Assessments are not to be taken collectively with dues and fines, because de- linquency depends upon length of time delinquent and not Assessments. 121 the amount delinquent. If a brother neglects or refuses to pay an assessment for more than thirteen weeks, he would be thirteen weeks in arrears. — 1895 Journal, 21, 195, 196, 236; Wellenberg vs. Germania Lodge, 1896 Journal, 576, 617, 618, 637, 639 : 1896 Journal, 408, 607, 636. 216. Not to be added to dues or fines. Assessments can- not be added to dues. Fines, assessments and dues are con- sidered separately and cannot in any instance be combined. —1896 Journal, 408, 607, 636. 217. Delinquency and money to brother's credit. Pay- ment by a brother is on his general account, unless other- wise directed by him, and must be applied to the payment of dues, assessments and fines, in the order in which they be- come due (except fines upon charges). — Art. IV, Sec. 2, Con- stitution of Subordinates. A brother having sufficient money to his credit on his general account to pay a funeral assess- ment when levied cannot become delinquent by said assess- ment. He is entitled to benefits.— 1903 Journal, 168, 180. 218. Payments — How applied. Provided that all pay- ments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the pay- ment of dues, assessments and fines, in the order in which they become due, but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. — Constitution Subordinates, Art. IV, Sec. 2. 219. Funeral assessment and credit for attendance. If the By-Laws of a Lodge provide that an assessment shall be levied on all its members on the death of a brother, such assessment shall be charged to each member of the Lodge, whether the brother attends the funeral or not, and whether the Lodge buried the brother or not. Provided, however, should the By-Laws so provide, each brother may be credited with the amount of the assessment if he attends the funeral. —1896 Journal. 408, 588, 629. 220. Funeral assessment and excuse. Where the By- Laws of a Lodge provide that a funeral assessment of $1.00 be charged against each member on the death of a brother, 122 ASSESSMKNTS. and also provide that each brother who attends a funeral shall be credited with $1.00, the Nobie Grand cannot excuse a brother from this assessment who did not attend on ac- count of sickness of himself or family, or on account of busi- ness.— 1905 Journal, 744, 932, 948. 221. Notice of funeral — Distant brothers. It would not invalidate the funeral assessment if members, so far away that they could not be reached by mail or otherwise in time to attend the funeral, were not officially notified. — 1905 Jour- nal, 744, 932, 948. 222. Cannot make certain payments. A Lodge cannot by By-Laws pay out of its general fund the assessment upon a brother for insurance, he holding a certificate of member- ship in an Odd Fellows' Beneficial Association, though he constitutes his Lodge his beneficiary. — 1887 S. G. L. Journal, 10988, 11027. 223. Levy of funeral assessment after lapse of time. When the By-Laws of a Lodge provide that funeral assess- ments shall be levied at the next regular meeting after the funeral, the assessment legally attaches to the membership at the next regular meeting after the funeral when the as- sessment is required to be levied, but if from any cause the death or funeral is not known to the Lodge in time for the assessment to be declared at such meeting, then it may be levied when it does become known, and it will relate back and be legal and binding on all those who were members at the time when the assessment should have been levied, and those who have become members since that time will be ex- empt. — Chalmers vs. San Benito Lodge, 1896 Journal, 517, 557. 224. Neglect of Noble Grand to levy. The right to levy a funeral assessment is not lost or waived by the failure or neglect of the Noble Grand to declare such assessment levied at the next regular meeting after the funeral of a deceased brother, for in case of the death of a brother, at a distance from the Lodge, several regular meetings may have elapsed before it is known at all, or definitely known, when the 'tfsmstr 124 Assistance to Lodges. not entitled to sick benefits, an assessment would be illegal. — Weston vs. Centennial Lodge, 1889- Journal, 126, 148. 227. Funeral dues. Funeral dues are fines or assessments imposed on account of the death or funeral of a member. — 1891 Journal, 585, 690, 716. 228. Odd Fellows' Home. No brother shall be required to pay Lodge dues or assessments while an inmate of the Home as an indigent. — Constitution Subordinates, Art. IV, Sec. 4. (See Odd Fellows' Home; Aged Odd Fellows.) ASSISTANCE TO LODGES. 229. Manner of petitioning for aid by Lodges. Any Lodge asking pecuniary aid, in consequence of loss by fire, or for any other cause, shall, in the first instance, make application to the Grand Lodge of the State in which such Lodge may be located, and, if not in the power of the Grand Lodge to render the aid required, such Grand Lodge may, if deemed expedient, ask the assistance of Grand Lodges in adjacent States, or of all the Grand Lodges in the Union, through the Grand Masters of the same, who shall have power to issue circulars to their Subordinates, stating circumstances, etc., to make such appeals available. — 1846 S. G. L. Journal, 860, 906. 230. Form of the circular. The Sovereign Grand Lodge has prescribed a form which a Grand Lodge may use in recommending pecuniary assistance to a Subordinate Lodge in such cases. See Form.— 1846 S. G. L. Journal, 860, 906. 231. Application for aid not entertained unless author- ized. No Lodge or Encampment shall entertain any appli- cation for pecuniary aid or assistance under whatever scheme it may be presented, unless the same be authorized by the Grand Body or its principal Grand Officer of the jurisdic- tion in which such aid is solicited, and in accordance with the form prescribed for such purposes by the Sovereign Grand Lodge.— 1846 S. G. L. Journal, 860, 906 ; 1866 S. G. L. Journal, 3353, 3987 ; 1885 Journal, 301, 371. Ball. 125 232. Cannot solicit by sale of tickets or chances or by any scheme, etc., unless authorized — Duty of Grand Masters. It shall be unlawful for any Grand Master, Grand Patriarch, or Grand or Subordinate Lodge or Encampment or any of- ficer or member thereof, or any committee of any jurisdic- tion, to solicit aid or relief for any purpose or in any man- ner, either by direct request for funds, sale of tickets, or chances, or by any scheme whatever, from the Lodges, En- campments, or members of another jurisdiction, without hav- ing first obtained the consent of the Grand Master of such other jurisdiction, if such appeal is to be made to the Lodges or members thereof, or of the Grand Patriarch, if such appeal is to be made to Encampments or Patriarchs thereof. Such consent can only be obtained upon proper request therefor, duly made by the Grand Master or Grand Patriarch of the soliciting jurisdiction, of the Grand Master or Grand Patriarch of the solicited juisdiction. — 1897 S. G. L. Journal, 15599, 15632. 233. Permission to apply for aid. The Grand Master is authorized to grant permission to Lodges to apply to other Lodges for assistance. — Constitution Grand Lodge, Art. IV, Sec. 1. 234. Assistance, how transmitted. When Lodges ask as- sistance from sister Lodges in this jurisdiction the amount donated should be sent to the Grand Secretary, and by him transmitted to the applicant Lodge, the Grand Secretary acknowledging receipt of the same. — 1866 Journal, 234. BALL. 235. Not held without permission. Lodges are prohibited from giving balls where regalia, emblems or name of the Order will be worn, assumed or used, without first obtain- ing the consent of the Grand Master, and upon direct prom- ise that no intoxicating beverages shall be offered to mem- bers or guests. (1892 S. G. L. Journal, 13067, 13156.) A Lodge shall not permit the use of spirituous or malt liquors at any entertainment given by the Lodge or held in the name of the Order. — Constitution Subordinates, Art. X, Sec. 126 Ballot and Voting. 4. This Lodge shall not get up any ball or public entertain- ment in the name of the Order without permission of the Grand Master. — Constitution Subordinates, Art. X, Sec. 2. 236. A masque ball. A masque ball held under the auspices of a Lodge is not necessarily an affair which may scandalize the Order. It depends on the character and sur- roundings of the ball.— 1891 S. G. L. Journal, 12353, 12616, 12652. (See Dispensations, Liquors, Dancing, and Funds.) BALLOT AND VOTING. 1. In Grand Lodge, page 126. 2. For officers of Subordinate Lodge, page 129. 3. For membership and reinstatement, page 133. 4. Reconsideration and new ballot, page 139. 5. For degrees, page 143. 6. Miscellaneous, page 144. 7. Matter of charges and trials. (See Trials.) 1. IN GRAND LODGE. 237. Past Grands' right to vote for officers. In the selec- tion of Grand Officers each Past Grand in attendance at the annual communication shall be entitled to one vote only. — Grand Lodge Constitution, Art. II, Sec. 4. 238. Election by ballot — Only one candidate — Viva voce. The election of elective officers shall be by ballot; provided^ that in all cases where only one person is in nomination for an office, the election may be held viva voce. — Grand Lodge Constitution, Art. Ill, Sec. 3. 239. Who conduct business and vote — Election. The business of the Grand Lodge is transacted by the elective officers and Representatives and Past Grand Masters of this Grand Lodge, and none except officers. Past Grand Masters of this Grand Lodge, and Representatives to the Grand Lodge have the right to serve on committees or to vote, ex- Ballot and Voting. 127 cept at election. — Grand Lodge Constitiition, Art. II, Sees. 2 and 4. 240. Representatives, Elective Officers, Grand Master and Past Grand Masters. Each elective officer except the Grand Master, who is not also a Representative, and each Repre- sentative, shall be entitled to one vote. The Grand Master shall be entitled to a vote in all cases of a tie. Each Past Grand Master of this Grand Lodge is entitled to a vote. — Grand Lodge Constitution, Art. II, Sees. 2 and 4, and Art. VII, Sec. 1. 241. Grand Master's casting vote. He shall give the casting vote in all cases where the votes are equally divided, except in cases of election of officers. — Grand Lodge Consti- tution, Art. IV, Sec. 1. 242. Vote of absent Representative. In case of the ab- sence of any Representative, the Representative of his Lodge present may cast the vote of the absentee. — Grand Lodge Constitution, Art. II, Sec. 4. 243. Vote by Lodges. A majority of Representatives present from a Lodge are permitted to cast the vote of ab- sentees when the vote is taken by Lodges. If there be but one Representative present from a Lodge, he can cast the full vote of his Lodge.— 1860 Journal, 68 ; 1861 Journal, 171. Note. — When the Constitution send Representatives, upon a vote of a State Grand Lodge deter- by Lodges, the number of Repre- mines the number of Representa- sentatives present are entitled to tives a Subordinate Lodge is east the entire vote to which the entitled to send, and that when- Lodge is entitled, the majority of ever a vote shall be taken by those present determining what Ivodges, each Lodge shall be en- the vote shall be — (1858 S. G. L. titled to as many votes as it can Journal, 2965, 2981). 244. Vote of absentees in Grand Lodge — How recorded. Where, on a call for ayes and noes, the majority of Repre- sentatives of a Lodge present cast the vote of the absent Representatives of the Lodge, the names of the Representa- tives shall not be recorded as voting, but only the number of votes cast for ab.sentees. — 1871 Journal, 479. 128 Ballot and Voting. 245. Ayes and noes. On a call for the ayes and noes, the Representatives present are entitled "to but one vote each. — 1860 Journal, 38. 246. Elective Officer who is a Representative has one vote. Officers of the Grand Lodge who are by the Constitution en- titled to, and as such do, vote in the Grand Lodge, cannot also vote as Representatives. — 1860 Journal, 68. 247. Who may vote upon questions in Grand Lodge. Past Grands not Representatives have no right to vote upon a question before the Grand Lodge. That right is confined to those whose credentials as Representatives are reported cor- rect by the Committee on Credentials and Past Grand Mas- ters of this Grand Lodge. — 1859 Journal, 444; see also 1859 S. G. L. Journal, 3090, 3114-, Grand Lodge Constitution, Art. II, Sec. 2. Note — No brother has the in ribbon or badge when its use right to speak or vote without is authorized — (1881-1895 S. G. being clothed in proper regalia, or L. Journal, 8677, 14543, 14568). 248. Cannot be excused from voting on certain resolu- tions. A motion that the Representatives from a particular place be excused from voting on certain resolutions selecting a place for the next session of the Grand Lodge is not in order.— 1866 Journal 208. 249. Two-thirds vote. Whenever the sentence ' ' by a two- thirds vote" occurs in the Constitution of the Grand Lodge it means two-thirds of all the members present entitled to vote. — 1855 Journal, 155. 250. Majority vote determines unless otherwise provided. All questions and votes before the Grand Lodge, not in this Constitution otherwise provided for, shall be determined by a majority of the votes given. — Grand Lodge Constitution, Art. VII. 251. Removal of Grand Officer. Two-thirds of the votes of the members present are necessary for removal of Grand Officer, for misconduct or neglect of duty. — Grand Lodge Constitution, Art. V, Sec. 1. Ballot and Voting. 129 252. Expulsion of member. A vote of two-thirds of the members present is necessary for expulsion of member from Grand Lodge. — Grand Lodge Constitution, Art. V, Sec. 3. 253. To amend Subordinate Constitution. A two-thirds vote is necessary to change or amend Subordinate Lodge Constitution. An affirmative vote of three-fourths of the Representatives present is necessary to adopt an amend- ment at the same session at which it is offered. — Grand Lodge Constitution, Art. IX, Sec. 5. 254. To amend Grand Lodge Constitution. A vote of two-thirds of the Representatives present is necessary to amend or alter Grand Lodge Constitution. — Grand Lodge Constitution, Art. XIV. 255. To suspend Rules of Order. A two-thirds vote is necessary to suspend the Rules of Order of the Grand Lodge. — Grand Lodge Constitution, Art. XIII, Sec. 2. 256. Lodge interested not entitled to vote. It is clearly against law and justice to allow a Lodge having a direct interest in any matter before a Grand Lodge to vote upon any question in which it is so interested. The rule is the same, although the question be ''only preliminary to the consideration of a subject in which said Lodge is inter- ested,'* and, although the Rules of Order provide that every member present shall vote on any question before the Grand Lodge, unless he is personally interested in the result, or has been excused hy the Grand Lodge or is otherwise in- capacitated.— 1868 S. G. L. Journal, 4363, 4402 ; 1875 S. G. L. Journal, 6625, 6694. 2. FOR OFFICERS OF SUBORDINATE LODGE. 257. Election by ballot. All officers shall be elected by ballot at the first regular meeting in June and December of each year, unless otherwise provided in the By-Laws, and at special elections to fill vacancies. — Constitution Subordi- nates, Art. VI, Sees. 6 and 8. \ 130 Ballot and Voting. 258. Election by acclamation. At all regular elections or special elections to fill a vacancy, if there be but one can- didate for an office, such candidate may be elected by ac- clamation. — Constitution Subordinates, Art. VI, Sec. 13. 259. The same. If there is but one candidate for an of- fice, and the Lodge decides to elect by acclamation, that is the only vote necessary. — 1894 Journal, 604, 732, 771. 260. When election by acclamation is illegal. It is illegal for a Lodge, on motion, to elect a brother to office by accla- mation, he being the only nominee, when a brother inter- poses an objection to such an election. — Deveran vs. Modoc Lodge, 1896 Journal, 451, 633, 653. 261. How elected by acclamation. In case there be but one candidate for an office; and the Lodge desires to elect by acclamation, a brother should make a motion that Brother be elected by acclamation. Should that mo- tion receive the affirmative vote of all voting — that is, a unan- imous viva voce vote — the Noble Grand should declare the brother elected. No further motion is necessary. — 1895 Jour- nal, 19, 195, 196, 236. 262. Casting the vote of the Lodge. If there is no ob- jection by any member to such a course, and there is but one person in nomination for an office, the Secretary may cast the vote of the Lodge for such candidate. — 1875 Jour- nal, 291, 295. 263. A brother in arrears may cast the vote of the Lodge. A brother over thirteen weeks in arrears may be authorized to cast the ballot of the Lodge at an election. — Deveran vs. Modoc Lodge, 1896 Journal, 451, 633, 653. 264. Casting vote of the Lodge illegal if objected to. No member who has conformed to the requirements of the By-Laws of his Lodge, and is in good standing, can be de- prived of his right to vote at an election of Lodge officers; hence, when there is but one candidate for the office for which the Lodge is about to vote, no brother can legally cast the vote of the Lodge if any member objects thereto, no mat- Ballot and Voting. 131 ter what the rule of the Lodge may be, for the Lodge has no right to adopt any rule that is antagonistic to law and jus- tice. — Barnhard vs. Forest City Lodge, 1875 Journal, 200, 275, 276; Deveran vs. Modoc Lodge, 1896 Journal, 451, 633, 652. 265. The same — The ballot must be open to all. It is a legal motion for a brother to move that another brother cast the ballot of the Lodge for an elective officer, in case there be but one candidate. If, however, any other brother de- sires to vote, he cannot be deprived of his right, and if he insists upon his right, the ballot should then be opened to all entitled to vote.— 1878 Journal, 818, 928, 965 ; 1879 Jour- nal, 32, 107. 266. Vote by acclamation. The vote by acclamation should be by *'aye" or '*no," and not by the voting sign. The election of officers by the voting sign, instead of by ac- clamation, should not be declared illegal, as you have the expression of the members without a ballot. The proper way to elect officers by acclamation is by "aye" or "no." — 1897 Journal, 805, 994, 1034. 267. No cumulative voting. There is no law, or prece- dent of the Grand Lodge which permits what is termed cumulative voting for any officer in this jurisdiction. — Fox vs. Bay View Lodge, 1883 Journal, 1011, 1166, 1180. 268. Blank ballots must be counted. A vote in blank is as much a vote to be counted as though it had the name of a candidate upon it.— 1859 Journal, 472 ; 1858 S. G. L. Jour- nal, 2859, 2925, 2963 ; 1891 Journal, 588, 686, 715. 269. The same — Certain votes regarded as blank ballots. At election for officers in a Subordinate Lodge, all ballots cast for other than regular nominees, shall be counted as blanks. A candidate who declines is not in nomination. A majority of all the votes cast is necessary to a choice, blanks being counted as votes. — 1863 Journal, 422. 270. Effect of blank ballots when only one candidate. When there is but one candidate in nomination for an office 132 Ballot and Voting. and on successive ballots a majority of blank votes are cast, it is not competent for the Noble Grand to declare the Lodge open for new nominations, and then proceed to an election on the same evening. He can receive such nominations after all the other officers are elected, but the ballot cannot be had until the next regular meeting of the Lodge, without a dis- pensation. Blank votes are to be counted when there is but one candidate in nomination, the same as if there were sev- eral candidates.— 1872 Journal, 577, 666, 684 ; 1881 S. G. L. Journal, 8534, 8711, 8787. 271. A ballot with same name on it three times. Where there are three officers to vote for upon one ballot, and a brother casts a ballot with the name of one candidate writ- ten three times thereon, the ballot shall be counted as one vote only for said candidate. — ^Fox vs. Bay View Lodge, 1883 Journal, 1011, 1166, 1180. 272. Cannot suspend By-Laws to enable brothers to vote. A Lodge cannot suspend the By-Laws, or any portion there- of, for the evening, to enable brothers in arrears for dues, or otherwise disqualified, to vote for officers. — 1890 Journal, 315, 407, 410, 436; 1857 Journal, 281. 273. A candidate may vote for himself. The rule of a Lodge that ''no member shall vote on any question in which he is immediately interested" does not apply to elections 'for officers of the Lodge. A candidate for office has a right to vote for himself. — Barns vs. Van Duzen, 1891 Journal, 588, 589, 686, 715. 274. The Noble Grand. The Noble Grand is entitled to vote at all elections for officers. — 1867 Journal, 292. 275. Nominees. Being in nomination for an office in the Lodge or for Representative to the Grand Lodge does not deprive a member of the right to vote for such an officer or Representative. This is not what is meant by being "per- sonally interested in a question." — 1897 Journal, 809, 1030, 1054. Ballot and Voting. 133 3. FOR MEMBERSHIP AND REINSTATEMENT. 276. Must ballot for candidates for membership. The candidate shall be balloted for with ball ballots, and, if not more than two black balls appear, he shall be elected, but if three or more black balls appear, the candidate shall be declared rejected. — Constitution Subordinates, Art. Ill, Sec. 1. 277. Must ballot in Third Degree. All ballots upon ap- plication for membership shall be had when the Lodge is open in the* Third Degree. — Ritual; 1889 S. G. L. Journal, 11481, 11728, 11786. 278. To reinstate brother suspended for non-payment of dues. Brothers suspended for non-payment of dues who petition, more than one year after their suspension, to be reinstated in their Lodges, must be balloted for, and dis- posed of in all respects the same as candidates for member- ship by initiation. — Constitution Subordinates, Art. VIII, Sec. 1. 279. The same. To reinstate a brother suspended for non-payment of dues, within a year thereafter, requires a two-thirds vote of the members present, and the vote must be by ballot. — Constitution Subordinates, Art. VIII, Sec. L 280. The same. In voting upon the application of a mem- ber suspended for non-payment of dues for reinstatement, within one year, under Art. VIII, Sec. 1, clause 2, Constitu- tion of Subordinate Lodges, the voting must be by ball bal- lot.— 1899 Journal, 468, 631, 675 ; 1902 Journal, 750, 900, 917. 281. To reinstate an expelled member. An expelled mem- ber must be balloted for the same as in the case of a newly- proposed member, and permission to receive proposition must first be obtained from Grand Master. — Constitution Subordinates, Art. VIII, Sec. 9, and Art. X, Sec. 2; 1895 Journal, 56, 195, 196. 282. Cubes. Lodges may use cubes instead of black balls for balloting.— 1897 Journal, 805, 1030, 1054. 134 Ballot and Voting. Note. — The use of cubes in tak- not more than three black balls ing the ballot on candidates for appe&r against him he shall be membership under a Subordinate elected," etc., is a fair, reasonable constitutional provision which and substantial compliance with reads "The candidate shall be bal- the law — (1896 S. G. L. Journal, loted for with ball ballots, and if 15079, 15094). 283. When the ballot may be retaken. In case one or more black balls appear in a ballot for a candidate for mem- bership, the Lodge may immediately retake the ballot for such candidate, in order to verify the fact that such black balls may not have been cast in error. — Constitntion Subor- dinates, Art. Ill, Sec. 4. Note. — State Grand Lodges are black balls appear, in order to authorized to adopt a law permit- verify the fact that black balls ting their Subordinates to imme- may not have been cast in error — diately retake a ballot for can- (1892 S. G. L. Journal, 13147, didates for membership, where 13193). 284. The Noble Grand's right and duty to ballot. A Koble Grand of a Lodge has a right to vote on an applica- tion for membership, and it is his duty to do so, unless ex- cused by the Lodge.— 1889 Journal, 34, 122, 163 ; 1862 Jour- nal, 278, 289; 1867 Journal, 292, 338, 349. 285. Duty of Noble Grand. The Noble Grand shall in- spect and announce the result of all ballotings, or other votes, by the Lodge. — Constitution Subordinates, Art. VII, Sec. 1. 286. Duty of Vice-Grand. He shall examine and ascer- tain the condition of the ballot in all cases where the vote is required to be taken by ball ballots. — Constitution Subor- dinates, Art. VII, Sec. 2. 287. The manner of taking the ballot and official duties. In balloting on petition for membership, or for degrees, the Warden presents the ballot-box first to the Vice-Grand, who should examine both the empty drawer and also the ball ballots, to ascertain whether or not there are three or more black balls or cubes. The ballot-box is then taken to the Noble Grand, who makes a similar examination. The Noble Ballot and Voting. 1S5 Grand then announces for what the ballot is to be had, after which he casts his ballot, when the ballot-box may be taken to the Vice-Grand to receive his ballot, after which it is placed upon the pedestal by the Warden for the members to vote. After all have voted, the Warden carries the ballot- box to the Vice-Grand, who inspects its contents. The War- den then takes the ballot-box to the Noble Grand, and, be- fore he examines it, he asks the Vice-Grand how he finds the ballot. If less than three black balls appear, his report should be ''favorable;" if three or more black balls appear, his report should be ''unfavorable." The Noble Grand then examines the ballot-box, and reports it "favorable" or "un- favorable," as the ease may be, and makes the announce- ment to the Lodge. This is the intent of Article VII, Section 2, of the Constitution. This interpretation also applies to balloting in Rebekah Lodges.— 1896 Journal, 407, 588, 629. See Section 363. 288. No collective ballot on membership. Every mem- ber has a right to deposit his ballot upon each individual application for membership, and a collective ballot on mem- bership is illegal.— 1857 S. G. L. Journal, 2700, 2764, 2810 ; 1003 S. G. L. Journal, 27, 214, 284. 289. Investigating Committee must report before ballot. Hefore a Lodge can take action upon a petition for member- ship, there must be a majority report of the committee upon the application. Where there is a favorable report from one member and an unfavorable report from another, there are two minority reports, but no majority report. — 1890 Journal, 316, 407, 417, 436; 1894 Journal, 605, 731, 771. 290. Must ballot on unfavorable report of committee. A ballot must be had on a proposition for membership if the report of the committee is unfavorable, except in case of death or removal from the jurisdiction of the applicant. The Lodge may not, on motion, accept the report and return the fee without further action. — 1859 Journal, 523. 291. When compulsory to vote. All qualified members present must vote, unless excused by the Lodge, but the 156 Ballot and Voting. Lodge may, by a By-Law, make it compulsory upon mem- bers in good standing who may be* present to vote upon all applications of persons to become members of the Order, and in such case the Lodge cannot excuse a member entitled to vote.— 1867 Journal, 339, 349; 1871-1873-1874 S. G. L. Journal, 4992, 5194, 5245-5847, 5935-6267, 6324. 292. Thirteen weeks in arrears for weekly or funeral dues. A brother more than thirteen weeks in arrears for weekly or funeral dues is not entitled to vote on a proposi- tion for membership. — 1889 Journal, 35, 122, 163. 293. Brothers in arrears for dues. Where the By-Laws of a Lodge provide that brothers in arrears for dues, for a specified time, shall not be entitled to vote upon any ques- tion before the Lodge, brothers of the Lodge, so in arrears, are thereby prohibited from balloting upon applications for membership, and it is in accordance with the spirit of Odd Fellowship.— 1860 Journal, 88. 294. Excuse for declining to vote. A brother has a right to state his reasons for desiring to be excused from voting on an application for admission. — 1889 Journal, 34, 122, 163. 295. Brothers should not explain acts of the Lodge. It is irregular and exceedingly injudicious for any number of brothers, whatever their position in a Lodge, to volunteer any explanations of the acts of their own or a neighboring Lodge on the question of balloting for candidates. Such in- terference is unjustifiable and improper in the extreme. — 1855 Journal, 101, 154. 296. Reason why applicant should not be balloted for. After the report of an Investigating Committee and prior to balloting on an application, it is improper for the Noble Grand to ask if any brother has "any reason to offer why the applicant should not now be balloted for." — 1856 Jour- nal, 190, 203. 297. The number of black balls cast— Noble Grand. After a ballot in a Lodge for membership, and the Noble Grand on examining the ballot-box, declares the candidates rejected, Ballot and Voting. 137 he has the right to refuse to state the number of black balls cast.— 1874 Journal, 102, 114; 1874 S. G. L. Journal, 6202, 6262. 298. Secret ballot and Vice-Grand. The Vice-Grand has no right to disclose the ballot by stating the number of black balls cast in balloting on an applicant for membership. — 1899 Journal, 464, 628, 675. 299. Three black balls reject. It requires three black balls in the ballot to reject a candidate, whether the candi- date applies by initiation or holds a Dismissal Certificate from another Lodge.— 1887 Journal, 771, 875, 888. Note. — A brother cannot be re- Journal, 9806, 9820 ) . To endeavor quired to disclose the fact of his to discover how a brother has having cast a black ball against a voted upon a secret ballot, for the candidate — (1860 S. G. L. Jour- purpose of bringing odium upon nal, 3268, 3270; 1865 S. G. L. him is an offense of itself— (1871 Journal, 3836, 3847), nor to give S. G. L. Journal, 4992, 5194, his reason for his vote under pen- 5245). A member cannot make alty of punishment — (1853 S. G. L. known his ballot on an application Journal, 2132, 2174). It is the for membership, under any cir- right of a brother to vote a secret cumstances, except as provided by ball ballot, and he has no right to the law regulating and permit- conceal or expose the character of ting a voluntary motion for recon- his vote at pleasure, except that in sideration of all those who cast the case of a voluntary motion of black balls — (1888 S. G. L. Jour- all those who cast black balls nal, 11104, 11368, 11396). A against an applicant for member- brother's vote in the affirmative or ship for reconsideration of the bal- negative is to be governed by his lot. In such case it is lawful for own sense of propriety — (1853 S. such brothers to expose the char- G. L. Journal, 2132, 2174). acter of their vote— (1884 S. G. L. 300. The same. It takes three black balls to reject a member holding a Withdrawal Card less than one year old, whether he applied for admission to his own or another Lodge.— 1888 Journal, 1022, 1111, 1130. 301. Ballot rejecting a candidate. A ballot by which a candidate was rejected cannot be declared null and void on account of errors committed by several brothers voting. — 1897 Journal, 805, 994, 1034. 138 Ballot and Voting. 302. Rejection. Three black balls reject on a reballot, as well as at any time.— 1897 Journal, 809, 1030, 1054. 303. Three black balls — Noble Grand declaring result. When, on the ballot for a candidate aged forty-eight years for membership by initiation, three black balls were cast, and the Vice-Grand disclosed the condition of the ballot by stating that three black balls were cast, and a brother who cast a black ball gave his reason therefor that in his opinion the applicant was too old, the Noble Grand had no right to declare the candidate elected, as the Constitution of Sub- ordinates provides that "where three or more black balls appear, the candidate shall be declared rejected." — 1899 Journal, 464, 628, 675. 304. Ballot — Application withdrawn — Minutes. Where a Lodge balloted on an application for membership, and the Vice-Grand announced the ballot black, and the Lodge there- upon permitted the application to be withdrawn, and the minutes simply read that after the report of the committee the application for membership was, on motion, withdrawn, it was illegal for the Lodge to permit the application to be withdrawn, and the minutes should have stated the facts as they occurred. — Matter of Modoc Lodge, 1896 Journal, 612, 6I9' 305. Cannot ballot at special meeting. A Lodge cannot ballot for membership at a special meeting, except when the Grand Master is present at the special meeting and grants a dispensation to receive the petition and ballot there- at.— 1897 Journal, 808, 1030, 1054; Constitution Grand Lodge, Art. IV, Sec. 1 ; 1887, 1892 S. G. L. Journal, 10737, 10951, 11005, 12797, 13050, 13075. 306. May ballot on expired Withdrawal Card. Where a Withdrawal Card is deposited with an application for membership, the Lodge may ballot on the application, al- though the card has expired pending the consideration of the application.— 1887 S. G. L. Journal, 10864, 10903. 307. Rejected applicant cannot demand committee. A rejected applicant for membership by deposit of card can- Ballot and Voting. 139 not claim as a right, or demand, through a member of the Lodge or by letter from himself, that the Lodge appoint a special committee to investigate into the correctness of the statements made, or the grounds upon which the brothers were induced to deposit black balls. The appointment of such a committee would be contrary to law and usage, and therefore a motion to that effect is out of order. — 1859 Jour- nal, 447, 529. 308. After ballot, application cannot be withdrawn. A Lodge has no right to permit an application for membership to be withdrawn after a ballot has taken place. It is then the duty of the officers to announce the result of the ballot, and of the Noble Grand to declare the applicant elected or rejected, according to the fact as it appears from the ballot. —Matter of Modoc Lodge, 1896 Journal, 612, 619. 309. The right of brothers to cast black balls is beneficial to the Order. The law regulating balloting for membership should be strictly obeyed. The right of brothers to cast black ballots should be respected ; it is a most beneficial law, designed to prevent the admission of improper persons and to preserve the peace and harmony of the Lodge. Lodges which violate this law relative to balloting for membership are subject to charges and penalty for same. — Matter of Mo- doc Lodge, 1896 Journal, 612, 619. 4. RECONSIDERATION AND NEW BALLOT. 310. A favorable ballot may be reconsidered. A favor- able ballot for a candidate's admission may be reconsidered at any time or meeting prior to the admission of the candi- date, by a majority vote of the members present. — 1886 Jour- nal, 656, 655; 1893 Journal, 277, 391, 421; Constitution Sub- ordinates, Art. Ill, Sec. 4. 311. Manner of voting to reconsider a favorable ballot. In voting to reconsider a favorable ballot for a candidate's admission, the vote is by the usual voting sign. — 1886 Jour- nal, 656, 655. 140 Ballot and Voting. 312. The vote required to reconsider a favorable ballot. Where, upon a motion to reconsider ar ballot electins? a candi- date for membership, six votes are counted in the affirmative and four in the negative — five members (entitled to vote) not voting — there is no legal reconsideration, as it requires a majority of the members present to agree thereto. — Con- stitution Subordinates, Art. Ill, Sec. 4; 1872 Journal, 657, 677. 313. Effect of reconsidering a favorable ballot. When a favorable ballot for a candidate has been reconsidered by the Lodge, the case stands as if no ballot had been had. — 1872 Journal, 575, 665, 684. 314. Where elected candidate fails to qualify. If a can- didate for initiation has been duly elected, and on the night of initiation fails to qualify by not answering a certain ques- tion to the Examining Committee in the affirmative, the Lodge should reconsider the ballot, provided the disqualifi- cation is of such character as to debar the candidate from becoming a member of the Lodge. — 1865 Journal, 59, 77. 315. No reconsideration of vote reinstating brother. A brother reinstated by vote in due form cannot be rejected at a subsequent meeting by a reconsideration of the first vote. —1870 Journal, 189, 255. 316. A favorable ballot on application for transfer of membership by card. When application is made to become a member of a Lodge under Sec. 2, Art. Ill, Constitution of Subordinates, which provides for transfer of member- ship by card, a favorable ballot cannot be reconsidered. — Constitution Subordinates, Art. Ill, Sec. 2. 317. Time and manner of reconsidering an unfavorable ballot and reballot to verify. No reconsideration of an un- favorable ballot can be had unless all the brothers who may cast black balls against an applicant for membership volun- tarily make a motion for a reconsideration of the ballot; provided such reconsideration be had within four regular meeting nights next succeeding such rejection; and in such Ballot and Voting. 141 case the vote on the reconsideration shall be taken by ball ballots, and if all the balls cast be in favor of it, the recon- sideration shall be had ; whereupon the application shall lie over till the succeeding meeting, when another ballot shall be had with ball ballots, and if the same be unanimously in favor of the applicant he shall thereby be elected ; but if one or more black balls appear in either ballot, the applicant shall be rejected; and in no case shall a reconsideration be had except upon a voluntary motion of all those who cast black balls; and never more than one motion for a recon- sideration in the same case shall be allowed. In case one or more black balls appear in a ballot for a candidate for mem- bership, the Lodge may immediately retake the ballot for such candidate, in order to verify the fact that such black balls may not have been cast by error. — Constitution Subor- dinates, Art. Ill, Sec. 4 ; 1893 Journal, 277, 391, 421. Note. — The foregoing is ' based ship, and prohibiting the same, upon the law of the Sovereign except under certain circum- Grand Lodge regulating the recon- stances and conditions — (1857- sideration of an unfavorable bal- 1868 S. G. L. Journal, 2773, 2792, lot on an application for member- 2827-4316, 4365, 4402). 318. Ballots accepted de facto become de jure. After a ballot has been taken and the result, when unfavorable, an- nounced, and the Lodge closes without placing upon its minutes any doubt of such announcement, and the mem- bers disperse under the impression that the petition has been definitely acted upon, nothing in the way of a reballot, re- consideration, or reversal can legally take place, except a reconsideration of the unfavorable ballot, as provided in Art. Ill, Sec. 4, Constitution of Subordinates. A ballot accepted de facto, becomes by law, after the close of the evening, de jure, and cannot be repudiated. — Stinson vs. Auburn Lodge, 1859 Journal, 515 ; Constitution Subordinates, Art. III. Sec. 4. Note. — As to reconsidering at a gating committee. — See Sec. 629 of subsequent meeting the adoption this Digest, of the report of a benefit investi- 319. The same. When, on voting on a motion to rein- state a brother suspended for non-payment of dues, the Noble Grand announced the applicant rejected, and no ob- 142 Ballot and Voting. jection was made thereto, and no doubt as to the correctness of the announcement entered on the minutes, and the Lodge closes, the voting and rejecting is final. Each regular meet- ing of a Lodge is a session. The vote having taken place, and the unfavorable result announced, and the Lodge having acquiesced therein, and closed its session, the vote and re- jection becomes by law legal and binding. At a subsequent session of the Lodge it is not in order to take an appeal from the previous decision or announcement of the Noble Grand to the Lodge, and reverse the Lodge's action, and declare the brother reinstated. The decision or announcement of the Noble Grand, acquiesced in by the Lodge at the session in which it was made, became the decision, announcement and action of the Lodge. — In the matter of Gouldson, 1892 Jour- nal, 72, 91. 320. When illegal vote does not change result. A Lodge has no right to rescind a ballot on account of a brother vot- ing illegally, when the illegal vote does not change the re- sult of the ballot.— 1878 Journal, 957. Note. — No error or informality for the error has done no harm; will reverse any action unless it but if it might by any possibility may have affected the result. If have affected the result, there is the error be such that it can be error, and the decision will be seen, that it could not by any pos- overturned — (1879 S. G. L. Jour- sibility have affected the result, nal, 8107, 8178). the decision will not be reversed, 321. Candidate rejected — No further investigation — No new ballot. When, upon a ballot, the number of black balls required by the local law to reject are cast, the applicant shall be declared to be rejected, and it is not lawful for the application to be referred for further investigation, and a new ballot at some future meeting. — 1872 S. G. L. Journal, 5519, 5547. Note. — No dispensation can be cant who has been rejected — granted to reballot on an appli- (1889 Journal, 34, 122, 163). (See Degrees.) Ballot and Voting. 143 5. FOR DEGREES. 322. Election to degrees by ballot. When application for election to either of the three Subordinate Degrees is pre- sented to the Lodge, it shall ballot upon the same, and if not more than two black balls or cubes be cast, the applicant shall be declared elected. — Constitution Subordinates, Art. V, Sec. 1. 323. Balloting on two or more applicants for the same degree. Two or more applications for the same degree may be balloted upon at the same time, and if not more than two black balls or cubes be cast, all shall be declared elected to the degree balloted for ; but if more than two black balls or cubes be cast, the Lodge shall then proceed to ballot upon each application for such degrees, separately. — Constitution Subordinates, Art. V, Sec. 3. 324. Must ballot while open in Third Degree. All ballots upon applications for degrees shall be had when the Lodge is open in the Third Degree.— 1886 Journal, 536, 620, 646 ; Ritual, 1889 S. G. L. Journal, 11481, 11728, 11786 ; 1882 S. G. L. Journal, 8839, 8840, 9025, 9101-8992, 9087. 325. Manner of balloting for degrees and official duties. In balloting for degrees the Lodge must ballot in the same manner as it is required to ballot in applications for mem- bership, and the Noble Grand, Vice-Grand, and Warden have the same duties to perform. — See Sec. 287 of this Digest. 326. Separate ballot for each degree. It is illegal to vote for the three degrees of Odd Fellowship at one and the same ballot.— 1886 Journal, 536, 620, 646. Note. — In the absence of local ate for each degree or for all col- legislation, a separate ballot for lectively — (1882 S. G. L. Journal, each degree must be had, but it is 8839, 8840, 9025, 9101, 8992, a subject for local legislation 9087). whether the ballot shall be separ- 327. Ballot must take place on night of application. Sec- tion 1, Article V, of the Constitution of Subordinate Lodges, requires that a ballot for degrees shall take place on the night of application.— 1867 Journal, 292, 338, 349. 144 Ballot and Voting. 328. Lodge may reconsider favorable ballot. A Lodge has the right to reconsider a favorable ballot for a certificate for degrees at any time before the degrees granted have been conferred.— 1873 Journal, 870, 892. 329. Lodge not compelled to vote degrees. There is no law compelling a Lodge to give a brother his degree, no mat- ter how good he may stand on the books of the Lodge; he must be balloted for, and it is for the voters to decide whether he shall advance or not ; no one, under our present system, can question their right to reject or refuse to con- fer the degree on any brother. — 1872-1873 S. G. L. Journal, 5279, 5919, 5950. 330. When may ballot for Third Degree. It is legal to ballot for the Third Degree before the candidate has received the Second.— 1893 journal, 277, 391, 421. 6. MISCELLANEOUS. 331. Brothers interested in questions prohibited from voting. Resolved, That no member or members of any Sub- ordinate Lodge or Encampment shall vote upon any question in which he or they may be interested, or in which he or they intend to become interested, by reason of his or their eonnection or intended connection with any Lodge or En- campment of this Order, then existing or about to exist, or with any other organization. And should a member so vote he shall, upon the discovery and proof of the fact, be considered guilty of unbecoming conduct, for which he may be suspended from the Order. And the Lodge or Encamp- ment in which the offense was committed nlay, in case said member has joined some other Lodge or Encampment of this Order, institute charges for said offense in said other juris- diction, with the right to appeal from its decision, should the brother be acquitted of the charge. — 1873 S. G. L. Jour- nal, 5776, 5785; 1874 S. G. L. Journal, 50. 332. No member to vote if personally interested, except renting and leasing hall and other property in certain cases. No member of a Lodge or Encampment shall vote upon any Ballot and Voting. 145 question relating to the fiscal affairs of his Lodge or En- campment, in the result of which he has a direct personal interest; but may vote upon all questions concerning the leasing or renting of the hall, or other property of his Lodge or Encampment to any Lodge, Encampment, Rebekah Lodge or Uniform Degree Camp of this Order, and all law in con- flict herewith is hereby repealed. — 1885 S. G. L. Journal, 10095, 10174. 333. Members personally interested — Renting Lodge property. ^lembers of a Lodge who are personally inter- ested in any other organization, except as set forth in pre- ceding section, cannot vote on the question of renting the property of the Lodge to such organization. — 1905 Journal, 743, 932, 948. 334. Trustee personally interested — Renting Lodge property. A Trustee of a Lodge who is personally interested in the matter as stated in preceding section cannot vote on the question of rental, nor can he use his official position to rent the property on an illegal vote of the Lodge. — 1905 Journal, 743, 932, 948. 335. The same — Members of the Good Templars — Loan. Members of an Odd Fellows' Lodge who are also members of the Good Templars and part owners of hall belonging to the Good Templars, have no right to vote on proposition to loan the money of the Odd Fellows' Lodge to the Good Templars, taking as security a mortgage on said hall. — 1880 Journal, 257, 359, 375. 336. The same — Members of other Orders — Rent. In fix- ing the rent of a hall which belongs to a Lodge of Odd Fel- lows, and which is let to other Orders, the Odd Fellows who are members of the other Orders have no right to vote. — 1887 Journal, 845, 867. 337. The same — Members of other Orders — Lodge prop- erty. Members of an Odd Fellows' Lodge who are also members of another Order are prohibited from voting on the question to dispose of the Lodge property to such other Order.— 1883 Journal, 1170, 1180. 10 146 Ballot and Voting. 338. The same — The interest of other Orders. No mem- ber of the Order should be permitted to vote on matters of vital interest, perhaps, to his Lodge when such action on his part may be entirely in the interest of some other Order. — 1883 Journal, 1170, 1180. 339. Member of Rebekah Lodge and question concerning Rebekah Lodge. A brother who is a member of a Rebekah Lodge is qualified, and by reason of such membership can- not be deprived of the right to vote in his Subordinate Lodge upon any question concerning such Rebekah Lodge. — 1901 Journal, 411, 551, 562. 340. An officer fined. When the rules of order provide that **no brother shall vote on any question in which he is immediately interested," and the Noble Grand orders a fine against an officer for neglect of duty, and an appeal is taken on the ground that there has been no neglect, the officer against whom the fine was ordered has no right to vote on the appeal. — 1865 Journal, 59, 72. 341. Manner of voting. It is not lawful for the Noble Grand, on demand for a recount of a declared vote, or in any other case, to order the members to vote by standing; but the Noble Grand may require the members to stand and vote in order to facilitate the count. — 1871 Journal, 461, 479. Note. — All voting in Subordi- nate Lodges and Degree Lodges is by the voting sign, unless other- wise provided. The exception is "not alone to a ballot for mem- bership," but advancing to de- grees, granting Withdrawal Cards, suspending or expelling members and reinstating them, electing officers, reconsidering a ballot for membership, when the ayes and nays are ordered, etc., in which cases provision is made by law for voting otherwise — (1871 S. G. L. Journal, 4993, 5185, 5222). On resolutions relative to the death of a brother in a Subordi- nate Lodge, a rising vote may be taken without giving the voting sign— (1881 S. G. L. Journal, 8533, 8701, 8767). As to cards, see cards and certificates. No brother has a right to speak or vote without being clothed in proper regalia— ( 1881, 1885 S. G. L. Journal, 8677, 14543, 14568). 342. The same — When division demanded. When a vote is about to be taken, and a division is asked for, and the Noble Grand requests the members to rise, the vote is to be Ballot and Voting. 147 taken by the usual sign while standing. — 1879 Journal, 108, 112. 343. Withdrawal Cards. They are granted by a majority vote, by ballot, of the members present. — Constitution Sub- ordinates, Art. XII, Sec. 1. 344. Withdrawal Cards — Viva voce vote. A Withdrawal Card is granted according to the provisions of Section 1, Article XII, Constitution of Subordinates, and where a Lodge attempts to grant a card by viva voce vote and the brother refuses to accept the same and withdraws his application for a card, he has not severed his membership with the Lodge.— 1898 Journal, 13, 14, 231, 277. 345. Withdrawal Cards — Voting in ordinary manner. Section 1, Article XII, Constitution of Subordinate Lodges, prescribes that the vote on an application for a Withdrawal Card shall be by ballot. Where in voting the vote was taken in the ordinary manner, and not by ballot, and the Lodge, the same evening, issued and delivered to the applicant the Withdrawal Card, and an appeal was taken therefrom, the Grand Lodge reversed the Lodge's action, annulled the card, and directed the Lodge to ballot on the application for the eard, unless the applicant withdrew his application there- for.— Martin vs. Cupertino Lodge, 1902 Journal, 884, 892. 346. Withdrawal Card on transfer of membership. Un- der the new legislation providing for transfer of member- ship by card where a brother has made an application and has been elected to become a member of a Lodge by deposit of card on transfer of membership, and the Lodge in which he has been elected has asked the brother's Lodge for his Withdrawal Card, it can only be issued by the action and vote of the Lodge, and the vote must be by ball ballot. — 1905 S. G. L. Journal, 38, 219, 243. (See Sections 1861 and 1860.) 347. Payment of arrears entitles one to vote. A brother more than thirteen weeks in arrears for dues, and for that reason not qualified to vote, may at any time before the 148 Ballot and Voting. ballot is taken, place himself in standing, and thereupon be entitled to vote, irrespective of the^ number of ballots pre- viously taken upon the proposition. — 1902 Journal, 750, 900, 917. 348. Meaning of two-thirds vote of members present. Whenever the sentence **by two-thirds vote of members present" occurs in the By-Laws of a Subordinate Lodge in this jurisdiction, it means two-thirds of all the members present entitled to vote. — 1856 Journal, 189, 202. 349. Two-thirds vote. In voting, a '' two-thirds vote" or ''two-thirds of those present" means those actually pres- ent by count of numbers, and not by count of ballot. — 1860 Journal, 29. 350. Two-thirds vote of the members voting. Article VI, Section 7, of the Constitution of Subordinates, reads **may be removed by a vote of two-thirds of the members voting. ' ' Under this provision no count is to be made of qualified brothers who do not vote. — Armstrong vs. Fidelity Lodge, 1892 Journal, 75, 91. 351. Two-thirds vote and the Noble Grand's casting vote. Where the By-Laws of a Lodge provide that the Noble Grand shall have only the casting vote on all questions aside from elections, and that brothers shall not be excused from fines except by a vote of two-thirds, if the vote on a motion to excuse stands eight in favor to four against, the Noble Grand cannot vote in the negative and so decide the question adversely. In such a case the motion is carried. — 1865 Journal, 59, 72. 352. Two-thirds vote and the Noble Grand's right to vote. Where there is a question before the Lodge requiring a two-thirds vote of members present, sixteen members being present, including the Noble Grand, and but fifteen votes are cast, ten for and five against the question, the question is lost, as ten is not two-thirds of sixteen. If the By-Laws of the Lodge say that the Noble Grand shall give the casting vote on all questions before the Lodge, except in the election Ballot and Voting. 149 of officers, the Noble Grand would have a right to vote on such a question, but he would not have a casting vote. — 1871 Journal, 461, 479. 353. Two-thirds vote and a member excused from voting. Where there are thirteen members present entitled to vote, exclusive of the Noble Grand, and the Noble Grand excuses one member from voting, at his request, and upon a call of the ayes and noes eight vote aye and four vote no on a proposition to amend the By-Laws, and the Lodge has a By-Law which reads 'Svhen, if two-thirds of the members present vote in favor of the proposed amendment, it shall be adopted," the member excused from voting must be counted as a member present, and the proposed amendment is not adopted.— 1876 Journal, 403, 483, 503. 354. When By-Laws require a two-thirds vote and the Constitution is silent. Where the Constitution is silent as to what vote is required in a Lodge upon certain questions, and the By-Laws require a two-thirds vote, the By-Laws of the Lodge govern the matter. — Holbrook vs. San Lorenzo Lodge, 1885 Journal, 291, 388, 420. 355. Consolidation of Lodges. To consolidate two Lodges requires an affirmative vote of three-fourths of all members present in each Lodge at the time of voting and provided there are not five Third-Degree members in good standing of one of the Lodges who object or protest against the same. — Grand Lodge Constitution, Art. IX, Sec. 6. 356. Noble Grand no right to dictate to a brother. The Xoble Grand has no right to dictate to a brother how he shall vote on any question. — ^Bidwell Lodge vs. Price, 1873 Journal, 856, 864. 357. Voting on night of initiation. A By-Law prohibit- ing members from voting on the night of their initiation is constitutional. Every Lodge has a right to adopt such a By-Law; but the Grand Lodge does not approve such By- Laws, and recommends that the matter be left to the judg- ment and discretion of such members. — 1856 Journal, 204. 150 Ballot and Voting. 358. Rights of non-beneficial members. Non-beneficial members may vote. They are entitled to the same rights and privileges as beneficial members, except in the matter of benefits.— 1896 Journal, 415, 607, 636; 1892 S. G. L. Journal, 12797, 13050, 13075. 359. Finance Committee may vote upon its own report. A member of the Finance Committee of a Subordinate Lodge has the right to vote upon receiving the report of said committee.— 1867 Journal, 292, 338, 349. (As to Trial Committee, see Section 3009.) 360. When not entitled to vote — Arrears. A member more than thirteen weeks in arrears for weekly or funeral dues is not entitled to vote. — 1889 Journal, 35, 122, 163; Constitution Subordinates, Art. VIII, Sec. 13. 361. Arrears — Officer's salary — Compensation for work and labor. If a brother performs the duties of a salaried officer of a Lodge, or performs services or work and labor for a Lodge for which he may be legitimately paid, the amount due him must be paid to him, and a warrant drawn in the usual manner in his favor. When he obtains the warrant or order, he can draw the money out of the treasury, and he has the right to use it in paying his dues, or he has the right to use it for his own purposes, and to decline to appropriate it to the payment of his dues. A Lodge cannot apply any part of the indebtedness for services, etc., to the payment of his dues, against his wishes or without his con- sent.— 1897 S. G. L. Journal, 15559, 16616. (As to benefits due a sick brother in such cases, see Sec- tions 512 and 513.) 362. Right to vote, and term password. The By-Laws of a Lodge provide that ''any member who is more than thirteen weeks in arrears for weekly or funeral dues shall not be entitled to the term password or to vote upon any question in the Lodge." Under this By-Law it does not follow that all members who have the term password shall be entitled to vote upon questions in the Lodge, such as Ballot and Voting. 151 elections for Representatives to the Grand Lodge. — 1888 Journal, 1021, 1111, 1130. 363. No voting in ante-room. Members cannot vote from the ante-room. To be entitled to take part in the business of the Lodge, they must come into the Lodge-room proper. — 1895 S. G. L. Journal, 14250, 14487. 364. All present must vote. Every member present in a Lodge, if qualified to vote, is obliged to vote on all ques- tions, unless excused by the Lodge.— 1871-1873-1874 S. G. L. Journal, 4992, 5194, 5245-5847, 5935-6267, 6324. Note. — Noble Grand has the unless so excused. — ( 1881 Journal, right to compel brothers to vote, 502, 601, 627). 365. Right to vote — By-Law. A brother cannot be de- prived of the right to vote, unless he is more than thirteen weeks in arrears, and any By-Law in conflict with this law is void. — Chalmers vs. San Benito Lodge, 1896 Journal, 517, 557. 366. When not entitled to vote — By-Laws. A Lodge cannot provide in its By-Laws that a member shall be enti- tled to vote in the Lodge until he is twenty-six weeks in arrears for dues. The limit is thirteen weeks by law of the Sovereign Grand Lodge, and the Lodge cannot change it. — 1888 Journal, 1026, 1111, 1130. Note. — A member of a Subordi- thirteen weeks is not entitled to nate Lodge who is in arrears for vote in the Lodge — (1877 S. G. L. weekly or funeral dues more than Journal, 7505). 367. Noble Grand and expulsion and suspension. The Noble Grand has the right to vote on a question of the pen- alty of expulsion or suspension. — 1873 Journal, 782, 900, 901. 368. Right of Noble Grand to vote. The Noble Grand of a Lodge has no right to vote to sustain himself in the case of an appeal from his decision. He has no right to vote except at the election of officers and when balloting for can- didates; when the members are equally divided on other questions, he shall give the casting vote, except in cases of 152 Benefits. appeal from his decision. — Constitution Subordinates, Art. VII, Sec. 1; Sierra Lodge vs. Shepherd, 1885 Journal, 291, 368, 420. 369. Secret ballot — Illegal clause. A clause in the Con- stitution of a Subordinate Lodge requiring the brother who casts a black ball to "communicate in writing to the Noble Grand his reason for so doing" is illegal and void. The right to the secret ballot is sacred, no brother being required to disclose or divulge his ballot, or give his reasons therefor, to anyone.— 1896 S. G. L. Journal, 14678, 14948, 15019. (As to claiman.t of benefits, see Section 609.) (As to adoption of By-Laws as a whole, see Section 682.) (See Trials; Representatives; Cards and Certificates; Trustees; Benefits under the head of Investigating Com- mittee as to sick benefits; Officers as to election.) BENEFITS. 1. General principles and provisions, page 152. 2. When entitled to benefits, page 170. 3. When not entitled to benefits, page 181. 4. When discretionary, page 196. 5. Investigating Committee as to sick benefits, page 198. 6. Funeral benefits and funeral expenses, page 218. 7. Benefits to widows, page 230. 8. For relief furnished by Relief Committees and other Lodges, see Relief and Relief Committees. 9. For Nurses and Watchers, see Nurses and Watchers. 1. GENERAL PRINCIPLES AND PROVISIONS. 370. Lodges must provide for benefits. It is the duty of Lodges to provide in their By-Laws for granting benefits to members.— 1860 Journal, 86 ; 1878 S. G. L. Journal, 7820, 7867 ; 1880 S. G. L. Journal, 8364, 8468. Benefits. 15:5 Note. — A Lodge may provide is subject — (1857 S. G. L. Jour- by its By-Laws for such benefits nal, 2807, 2830; 1864 S. G. L. to members, both as to amount Journal, 3685, 3698) or with the and in the disposition of the same, minimum benefit law of the Sov- as in its judgment it may seem ereign Grand Lodge — (1892-1893 proper; provided said By-Laws do S. G. L. Journal, 13054, 13139, not conflict with the laws of the 12787, 13150, 13195, 13257, 13548, Grand Lodge to which said Lodge 13671). 371. The beneficial character of our Order. The pay- ment of weekly benefits to sick members is the distinguish- ing characteristic of our Order, and may be regarded as the fundamental principle of Odd Fellowship which, combined with the moral precepts and teachings of the Order, has made our organization so eminently successful. — 1864 Jour- nal, 514 ; 1872 Journal, 690 ; 1867 S. G. L. Journal, 4177, 4179. 372. Right of Lodge to tax for benefits. The beneficial character of the Order is its distinguishing feature, and it is the right and duty of Subordinate Lodges to tax their members in order to grant stipulated weekly benefits to sick members; but the taxation must be provided for in their By-Laws.— 1864 Journal 514 ; 1863 S. G. L. Journal, 3584 ; 1867 S. G. L. Journal, 4177, 4197. Note. — Whether a Subordinate ury, to pay weekly benefits to Lodge can retain its charter and members entitled thereto, is a continue working after it has subject for local legislation — (1857 failed, from an exhausted treas- S. G. L. Journal, 2770, 2831). 373. Grand Lodge 's power over benefits. A Grand Lodge may enact and amend constitutional provisions for Subordi- nates upon the subject of benefits, but subject to the mini- mum benefit law of the Sovereign Grand Lodge. — 1875-1880- 1883 S. G. L. Journal, 6618, 6691, 8385, 8476, 9275, 9347 ; 1892 S. G. L. Journal, 13054, 13139. 374. The general minimum benefit law. It is made obligatory upon each Subordinate Lodge of the Order to pay from its funds during the continuance of the disability a weekly benefit of not less than two dollars to every member entitled to sick benefits by the Constitution or By-Laws of his Lodge, who shall be disabled by sickness or bodily injury from following his usual occupation, or otherwise 154 Benefits. earning a livelihood for himself; provided such disability- be not the result of his own vice or immorality; provided, Itozi'ez'cr, that Grand Lodges may provide that when a mem- ber shall have received one full year's benefits, the weekly benefits thereafter to such member may be fixed at not less than one dollar per week; provided, further, that any Sub- ordinate Lodge may provide by By-Law that no benefits shall be paid for the first one week or two weeks of such sickness or disability.— 1892 S. G. L. Journal, 13054, 13139, 12787, 13150, 13195; 1896 S. G. L. Journal, 15062, 15090. 375. Benefits must be uniform in a Lodge. Benefits must have a uniform operation upon all beneficiaries occupying the same relation to the Lodge — to the brothers, for example, of the same degree, equal amounts. — 1872 Journal, 690. Note. — ^A Lodge cannot provide Journal, 15212, 15213, 15534, by its Constitution that members 15584). It is not legal for a admitted free of charge shall not Lodge to pass a By-Law making a be entitled to benefits; nor for the part of its membership beneficial payment of nominal benefits (a after three months' membership less amount than to other mem- and another part not beneficial bers) to persons who are over until after six months' member- fifty years of age when admitted, ship — (1895 S. G. L. Journal, except under the provisions of the 14250, 14489, 14570). Discrimina- law they may provide for the ad- tion on account of length of mem- mission of non-beneficial members bership by By-Law, allowing $5.00 — (1880 S. G. L. Journal, 8211, per week to members of ten years' 8337, 8440). Different rates to standing and $3.00 per week to members of the same degree not members of three years' standing, allowed— (1888 S, G. L. Journal, is illegal— ( 1897 S. G. L. Journal, 11102, 11368, 11396; 1897 S. G. L. 15602, 15633). 376. Subordinate Lodge sovereign in what respect. In payment of sick and funeral benefits, the Subordinate Lodge is sovereign both as to the amount of such benefits and in the disposition of the same, so long as the benevolent and charitable features that underlie the institution of Odd Fellowship are complied with, and the enactments of the Grand Lodge and of the Sovereign Grand Lodge in that connection are obeyed.— 1875 Journal, 292, 295 ; 1864 S. G. L. Journal, 3685, 3698 ; 1875 S. G. L. Journal, 6560, 6591 ; 1892 S. G. L. Journal, 13054, 13139. Benefits. 155 Note. — ^Lodges may make By- minimum benefits to $1.00 after Laws providing that after mem- the first year by a general law bers shall have received or shall passed, or a Grand Lodge may ap- thereafter^ receive a specified prove the By-Laws of a Lodge so amount of benefits, the benefits fixing them. The power to enable shall be reduced, and they may its Subordinates to pass such a also provide that after a brother By-Law is vested in a Grand has been sick and in the receipt Lodge — (1896 S. G. L. Journal, of benefits for a specified time, his 14682, 14948, 15019). A By-Law benefits shall be reduced to another approved by its Grand Lodge fix- specified amount of weekly bene- ing the benefits to be paid at $1.00 fits, but subject to the general per week after the first fifty minimum benefit law of the Sov- weeks, may, if so worded, embrace ereign Grand Lodge — (1871-1875- the weeks a brother is sick before, 1880-1881 S. G. L. Journal, 5139, as well as after, the passage of 5234-6574, 6641-8329, 8439-8646, the By-Law, he being sick at the 8707; 1892 S. G. L. Journal, time of its passage— (1896 S. G. 13054,13139, 12787,13150,13195). L. Journal, 14682, 14948, 15019). A Grand Lodge may reduce the 377. Sick benefits are regulated by local laws. Sick benefits are regulated by local laws, and it is competent for the Grand Lodge of a State to determine any question relat- ing thereto without interference from the Sovereign Grand Lodge. — Holbrook vs. San Lorenzo Lodge, 1899 Journal, 621, 622, 623, 673 ; 1898 S. G. L. Journal, 16069, 16070, 16116. 378. Benefits reduced after a certain amount. A Lodge adopted By-Laws, in 1892, to the effect that, after a brother had drawn benefits to the amount of $200, he should be entitled to only $4.00 per week. Years before this By-Law was adopted, a brother drew sick benefits for a certain length of time. Subsequent to the adoption of the By-Law mentioned, the brother was taken sick, and when, in such case, the benefits which he draws in this last sickness amounted, together with what he drew prior to the adoption of the By-Law named, to the sum of $200, it is lawful for the Lodge to reduce the brother's sick benefits to $4.00 per week. Such By-Laws are valid. — 1895 Journal, 23, 195, 196, 236. 379. Benefits reduced while a brother is sick. A brother who has been sick for nearly four years, is a member of a Lodge which changed its By-Laws to the effect that after a 156 Benefits. brother has been sick for twenty-six weeks, the weekly bene- fits shall be reduced from $7.00 to ^-i'.OO during the remainder of such sickness. Immediately upon the approval of this By-Law by the Committee on Laws of Subordinates, the sick brother's benefits are reduced from $7.00 to $4.00. — 1896 Journal, 410, 588, 629. Note. — An amendment to a By- bers from its operation, is bind- Law of a Lodge, reducing amount ir.f upon all the members of such of sick benefits upon continuous Lodge when approved by the Grand sickness or disability, which is Lodge of the jurisdiction — (1901 general in its terms and does not S. G. L. Journal, 279, 300). specifically except any of its mem- 380. Reduced benefits after receipt of $500 for one con- tinuous sickness. If the By-Laws of a Lodge are amended reducing the weekly sick benefits to $2.00 per week, when a brother shall have received, in the aggregate, the sum of $500 for one continuous sickness, such amendment affects all brothers alike from the time of its approval by the Com- mittee on Laws of Subordinates, and applies alike to those who are then drawing benefits for a continuous sickness, and those wh6 may thereafter draw benefits to the extent of $500 for a continuous sickness. If a brother has drawn $400 for a continuous sickness at the time the By-Law goes into efi^ect and continues to draw for the same sickness $100 more, then he is entitled to only $2.00 a week thereafter. — 1901 Journal, 409, 557, 562. 381. Consolidation of Lodges. The By-Law of a Lodge which provides that, "after any member has received from this Lodge a sum aggregating five hundred dollars for sick benefits, he shall thereafter be entitled to receive only four dollars per week," can, as to brothers who become members thereof, by consolidation of their Lodges into said Lodge, apply only from the date of the consolidation. The benefits which were paid by the Lodge which ceased to exist, cannot be considered or taken into account under such By-Law. — 1895 Journal, 26, 189, 234. 382. Candidates cannot waive benefits as to certain sick- ness. A Lodge cannot enter into an agreement with a candi- Benefits. 157 date for admission by card who is afflicted with paralysis, to the effect that said candidate, if admitted, shall not receive sick benefits on account of any disability which may result directly or indirectly from such paralysis. — 1895 Journal, 24, 185, 235. 383. The same. A Lodge cannot make an agreement with an applicant for admission by initiation, who was at one time subject to spells of insanity but has been well for some time past, that in case he should become insane again he shall not be entitled to benefits. — 1884 Journal, 22, 116, 153. Note. — Neither has a Lodge the void would not release the Lodge right to initiate a man suffering from the obligation to pay bene- from a chronic disease upon the fits, nor would the brother be applicant signing an agreement liable to trial and expulsion for a not to claim benefits in conse- violation of it — (1870 S. G. L. quence of disability or sickness by Journal, 4915, 4925). said disease. The agreement being 384. Agreement by candidate to waive benefits illegal. No Lodge shall enter into an agreement with an applicant for admission whereby such applicant, while agreeing to pay all dues as other members, waives all rights to pecuniary benefits. Such an agreement on the part of the individual not to claim benefits would not release the Lodge from the obligation to pay them. — 1883 Journal, 1003, 1150, 1175; 1870 S. G. L. Journal, 4915, 4925. 385. The same — Age of candidate. The age of a candi- date for initiation cuts no figure in regard to benefits. lie would be entitled to benefits if sick and in good standing, and could neither be deprived of them nor enter into an agreement with the Lodge, previous to admission, not to receive them.— 1888 Journal, 1023, 1111, 1130. Note. — A By-Law of a Lodge de- and void — (1895 S. G. L. Journal, priving a member of benefits after 14248, 14489, 14570). reaching the age of 65 is illegal 386. Who entitled — Minimum benefits — Reduced benefits after receipt of $500. Every member qualified as required by the By-Laws shall, in case of being disabled by sickness or bodily accident from earning a livelihood, be entitled to, 158 Benefits. and may receive such weekly benefits as may be fixed by law, from the funds of the Lodge, \thich shall in no case be less than four dollars per week for Third-Degree members: provided^ that Lodges may provide in their By-Laws that when a brother shall have received, in the aggregate, the sum of five hundred dollars as sick benefits from the funds of the Lodge, he shall thereafter be entitled to receive two dollars per week as sick benefits. — Constitution Subordi- nates, Art. IV, Sec. 2. Note. — Benefits are payable weekly — (1893 S. G. L. Journal, 13443, 13565). 387. Funeral and sick benefits, how regulated. The funeral and sick benefits shall be regulated by the By-Laws of the Lodge, and all orders drawn for the above benefits shall be by vote of the Lodge. — Constitution Subordinates, Art. IV, Sec. 4. 388. Terms and conditions. Lodges have a right, subject to the laws of the Grand Lodge and the Sovereign Grand Lodge, to prescribe by their By-Laws the terms and condi- tions upon which their members are entitled to benefits. — 1860 Journal, 50. 389. May limit benefits to Third-Degfree members. A Lodge may provide in its By-Laws that none but Third- Degree members shall be entitled to weekly benefits. — Con- stitution Subordinates, Art. IV, Sec. 2. Note. — A law of a Subordinate efits — (1877 S. G. L. Journal, providing for the payment of ben- 7363, 7451 ) . May limit benefits efits to degree members only is to Third Degree members — (1872 valid and binding. Under such a S. G. L. Journal, 5280, 5919, law, members who have received 5950). no degrees are entitled to no ben- 390. May provide for weekly benefits in each degree. The By-Laws of a Lodge may provide for the granting of weekly benefits to a brother of the Initiatory, First and Second Degrees.— 1884 Journal, 13, 116, 153. 391. May increase or reduce the rate of benefits. A Subordinate Lodge has the right to regulate the rate of Benefits. 159 benefits to members, and may increase or reduce the same. A member takes his benefits subject to any and all amend- ments and changes in the By-Laws. — 1872 Journal, 690, 691. 392. May amend By-Laws concerning benefits. A Lodge has the right to amend its By-Laws affecting benefits at any time, so long as the amendment or By-Law is uniform in its operation. This law is equally applicable to the widows of deceased Odd Fellows.— 1883 Journal, 1137, 1139, 1174; 1880 S. G. L. Journal, 8330, 8439 ; 1881 S. G. L. Journal, 8647, 8708. Note. — A Lodge cannot, by tacit thereby a brother of benefits to consent of its members, keep in which he is fairly entitled by the force a By-Law which has been existing law — (1857 S. G. L. Jour- actually repealed, and deprive nal, 2790, 2827). 393. Reducing benefits. A Lodge can reduce its benefits by changing the By-Laws, which requires a vote according to the Constitution. It cannot reduce them one-half for six months or a year simply by a vote of the Lodge. A Lodge must not disregard its own By-Laws. — 1897 Journal, 806, 1030, 1054. 394. The same. When a Lodge changes its By-Laws, reducing benefits of a member who has drawn them for twenty-six weeks, or any specified time, said By-Law applies to that brother and all brothers immediately ; the same rule would apply if the benefits were raised. — 1897 Journal, 806, 1030, 1054. 395. When amount changed, it applies to sick and well alike. When a Lodge changes the amount of weekly benefits, all the members, sick and well, are equally affected. — 1863 Journal, 366, 410, 421. Note. — But after benefits have amount of the benefits that have accrued to a brother, a Lodge can- accrued — (1882 S. G. L. Journal, not, by its action, reduce the 8838,9025,9101). 396. Lodge may fix amount of benefits, provided. A Subordinate Lodge has the right to fix the amount of benefits to be paid its members, provided the amount be not less than that provided in Article IV, Section 2, Constitution of Subordinates.— 1877 Journal, 582, 675, 697. 160 Benefits. Note. — And provided the etc., should be entitled to receive amount is not less than the four * dollars per week, it was amount fixed by the general mini- held that the Lodge had the mum benefit law of the Sovereign right to adopt a By-Law to Grand Lodge. See Section 374 of pay six dollars, as the greater this Digest. Where the Subordi- sum included the lesser — (1884 S. nate Constitution provided that G. L. Journal, 9633, 9707, Metrop- every bona fide member, if sick, olis Lodge Appeal ) . 397. First week's sickness. A Lodge may provide in its By-Laws that benefits shall not be allowed for the first week's sickness. — Constitution Subordinates, Art. IV, Sec. 2. 398. When benefits shall commence, and who entitled to. Such benefits shall commence six months from the date of admission to membership in this Lodge, whether the same be by initiation, deposit of. card, as an Ancient Odd Fellow, or by dismissal certificate; provided the brother shall have attained the degree required by the By-Laws; and all brothers, if otherwise qualified, shall be entitled to benefits if not more than thirteen weeks in arrears for dues, assess- ments or fines. — Constitution Subordinates, Art. IV, Sec. 2. 399. Power of Lodge as to arrears and benefits. The pro- vision of Section 2 of Article IV, of the Constitution of Sub- ordinates, merely fixes the minimum period of delinquency in the payment of dues, etc., for which a brother may be deprived of benefits. Lodges may, in their By-Laws, fix a longer period for such delinquency. — 1893 Journal, 389, 427, 430. 400. By-Laws — Less than thirteen weeks in arrears. A Lodge cannot, in its By-Laws, reduce below thirteen weeks, the period for which a brother must be in arrears for weekly and funeral dues, before he can be, for that reason, deprived of benefits.— 1898 Journal, 231, 277. 401. Benefits commence six months from admission. The provision of Article IV, Section 2, of the Constitution of Subordinates, where it is prescribed, among other things, that "benefits shall commence six months from the date of admission to membership," etc., does not conflict with any Benefits. 161 law of the Sovereign Grand Lodge. — 1883 Journal, 1003, 1150, 1175; 1872 S. G. L. Journal, 5280, 5919, 5950. 402. Construction of Section 2, Article IV. Section 2, Article IV, of the Constitution of Subordinates, applies to all members who join the Lodge, be it by initiation, deposit of card, or otherwise. — 1892 Journal, 15, 97, 103. 403. Must be a member six months to receive benefits. It is not legal to pay a brother benefits until he has been a member of the Order six months. — 1888 Journal, 1025, 1111, 1130; 1886 Journal, 538, 620, 646; Smalls vs. Cedarville Lodge, 1888 Journal, 1032, 1122, 1152. 404. Brother suspended for non-payment of dues, rein- stated, and the six months' limit. A brother having been suspended for non-payment of dues, was thereafter rein- stated on February 2, 1895. On February 25, 1895, he was taken sick. The By-Laws of the Lodge provide that after a brother has been reinstated for non-payment of dues, he is not entitled to sick benefits if taken sick within six months after his reinstatement. Such a By-Law is uncon- stitutional. The six months' limit provided in Article IV, Section 2, Constitution of Subordinates, applies only to brothers admitted to membership by initiation, deposit of card, etc.— 1896 Journal, 409, 588, 629. 405. The same. A By-Law of a Lodge which reads ''that members shall not be entitled to benefits until the expira- tion of six months after admittance" is not applicable to members reinstated. — 1878 Journal, 827, 946, 974. 406. Transfer of membership by card — ^When benefits commence. The law of the Sovereign Grand Lodge con- cerning transfer of membership by card (see Sovereign Grand Lodge Journal, 1904, pp. 755-761, 845), which pro- vides, under certain conditions, for the admission of a mem- ber by card without payment of admission fee, does not abrogate the provision of our Constitution of Subordinates, which reads "benefits shall commence six months from the date of admission to membership in the Lodge." A brother 162 Benefits. must be a member of a Lodge six months before he is entitled to benefits.— 1905 Journal, 744, 932, 948; 1905 S. G. L. Jour- nal, 32, 219, 243. 407. Transferring membership — Elected, but fails to obtain Withdrawal Card. When a member of a Lodge has been elected to membership by another Lodge upon applica- tion to become a member by card on transfer of membership, and does not apply for nor obtain a Withdrawal Card from his Lodge, his Lodge is liable for sick benefits. — 1902 S. G. L. Journal, 527, 528, 979, 1002. 408. Transferring membership — Holder of Withdrawal Card dies before depositing it. When a member of a Lodge is elected to membership by another Lodge upon application to become a member by card on transfer of membership, and then obtains from his Lodge a Withdrawal Card, but dies before he deposits the card with the Lodge that elected him to membership, whose Constitution provides "upon the deposit of which (the withdrawal card) with said Lodge in which he has been elected, he shall be entitled to sign the Constitution and be received in full membership from that time," his heirs have not any legal claim against either Lodge for benefits.— 1902 S. G. L. Journal, 527, 528, 979, 1002. 409. When sick benefits accrue. Sick benefits accrue and become payable weekly. — ^Briggs vs. Lodi Lodge, 1897 Jour- nal, 963, 977. 'Tie. Brothers should not attach another's benefits. It is not consistent with the principles of the Order for a brother to attach the benefits granted another brother, while the benefits are in the hands of. the Treasurer of the Lodge. — 1880 Journal, 361, 376 ; 1894 Journal, 606, 732, 771. 411. Attachment. A Lodge cannot prevent the attach- ment of benefits due to a brother while in the hands of the Treasurer. The question as to whether such an attachment can be maintained is one that comes under our State law, and not under the laws of the Order. — 1898 Journal, 10, 256, 278. Benefits. 163 412. The same. Where a Lodge ordered sick benefits to be paid to a brother and another brother leaves the Lodge room and informs a public office of the same, who enters the Lodge room after the close of the Lodge and attaches the benefits granted to the brother in the hands of the Sec- retary, it was decided that it is a violation of obligation to divulge the private business of a Lodge to any but Odd Fellows.— 1887 Journal, 777, 875, 888. 413. Proportion of dues to benefits. The Grand Lodge recommends that Lodges do not give as weekly benefits an amount to exceed two-thirds of that collected annually as dues.— 1879 Journal, 118, 140. 414. The same — The recommendation is not binding. . It is not obligatory on Lodges to so change their By-Laws that the weekly sick benefits paid to a member of the Lodge shall not exceed a sum equivalent to two-thirds of the yearly dues paid by said member to his Lodge. The special committee on dues and benefits recommended the adoption of legisla- tion to that effect (1887 Journal, 893), which report was adopted. The necessary legislation to put the recommenda- tion into effect was not had, and it is not, therefore, binding upon the Lodges.— 1888 Journal, 1019, 1111, 1130. 415. When an amendment to By-Laws is disapproved. Where an amendment to the By-Laws of a Lodge is disap- proved by the Grand Lodge, the brothers of the Lodge who were sick and were entitled to benefits should be granted the same at the rate fixed by the By-Laws prior to this proposed amendment. — Petition of Lowenthal, 1875 Journal, 302. 416. Not less than $4.00 per week to Third-Degree mem- bers, except. A Lodge is required to pay, under Section 2, Article IV, Constitution of Subordinates, not less than $4.00 per week to Third-Degree members, even though their By- Laws adopted and approved at a date prior to the late amendment of said Section 2 provide a less sum, except it may provide in its By-Laws that when a brother shall have received in the aggregate the sum of $500.00 as sick benefits 164 Benefits. from the funds of the Lodge, he shall thereafter be entitled to receive $2.00 per week as sick benefits. — 1877 Journal, 585, 675, 697; Constitution Suborjjinates, Art. IV, Sec. 2; 1898 Journal, 10, 231, 277. 417. Reducing benefits — Amount. A Lodge cannot le- gally reduce its weekly sick benefits to less than $4.00 per week to Third-Degree members, except it may provide in its By-Laws that when a brother shall have received in the aggregate the sum of $500.00 as sick benefits from the funds of the Lodge, he shall thereafter be entitled to receive $2.00 per week as sick benefits. — 1898 Journal, 10, 231, 277; Constitution Subordinates, Art. IV, Sec. 2. 418. Lodge cannot cease paying after a certain amount. A Lodge cannot legally provide in its By-Laws that it will cease paying benefits after a certain amount has been paid to a brother.— 1898 Journal, 10, 11, 231, 277. 419. Higher benefits for higher degrees. When a Lodge pays higher benefits for higher degrees, the brother is enti- tled to the higher benefits whenever he receives a higher degree, provided he has been six months a member of the Lodge.— 1885 Journal, 288, 403, 432; Constitution Subordi- nates, Art. IV, Sec. 2. Note. — The matter of paying Degree members is left entirely to higher benefits to Third-Degree local legislation — (1856 S. G. L. members than to First or Second- Journal, 2562, 2629, 2664). 420. "Benefits" includes both sick and funeral. A strict construction of our laws does not discriminate as to benefits in the true adaptation of the term. When the laws do not distinguish between sick and funeral benefits, in alluding to benefits, it covers both. — 1874 Journal, 15, 115, 116. 421. Benefits illegally paid must be returned. Where benefits have been paid illegally to a brother, the brother may be compelled to pay the amount received by him back into the treasury, and it is the duty of the Lodge to require him to do so.— 1875 Journal, 292, 295. 422. Effect of a brother's change of Lodge. A brother's benefits are affected by his removal from one Lodge to Benefits. 165 another.— 1857 Journal, 274; 1848 S. G. L. Journal, 1202, 1246 ; 1849 S. G. L. Journal, 1444, 1492, 1512. 423. Not payable to legal representatives of member's estate. Benefits are rights personal to the member, his family and dependent relatives, and are not payable to the legal representatives of a member's estate. — Constitution Subordinates, Art. IV, Sec. 2. Note. — The above provision is vision is made by law for their lawful, and in case of the death payment, then the Lodge is not of a brother entitled to such bene- bound to pay the money to any fits, leaving no family or depend- person — (1886 S. G. L. Journal, ent relations, and no other pro- 10254, 10487, 10511). 424. No dependent relatives. Where a brother was sick in a hospital in another county, and under instruction from his Lodge the Relief Committee paid him two weeks' bene- fits, and he left the hospital without notifying either the Relief Committee or his Lodge of his whereabouts, and six weeks thereafter died, leaving no dependent relatives, the Lodge is not required to pay the benefits for the six weeks. — 1905 Journal, 744, 932, 948. 425. Not assignable and not payable to executor or ad- ministrator. Sick, funeral or other benefits, allowance to defray burial or funeral expenses, relief, donation, aid, assistance or allowance, are not assignable, and are not pay- able to an executor or administrator. — Constitution Subordi- nates, Art. IV, Sec. 10; 1900 Journal, 224, 244; Morse vs. California Lodge, 1902 Journal, 886, 892. 426. Administrators and executors will not be recog- nized. Our Order does not recognize executors or adminis- trators as having any claim upon benefits. The Grand Lodge has declared that the claims of executors or administrators to either sick or funeral benefits will not in any manner be recognized by the Grand Lodge or its Subordinates. — Hard- man vs. Yerba Buena Lodge, 1894 Journal, 687, 717; 1885 Journal, 404, 433 ; 1900 Journal, 224, 244. Note. — The laws of this Order dues to a member, "even when do not recognize any claim by there is no dispute on the question legal repreaentativea, as such for of the right of claim in the ):66 Benefits. brother,** as such legal representa- tives on his decease, the amount tives may be relatives in a remote due should be paid directly to degree, or merely creditors, and such relatives, and in no case to not the widow, orphan, or depend- his ^ executors or administrators, ent relatives of the deceased — as in case there were debts, the (1859 S. G. L. Journal, 3118, executors or administrators must 3135). They are designed for the apply these funds with others to comfort of a brother and his fam- the payment of debts. It is no ily, and to relieve and administer part of the design of our Order to to their personal and present pay such debts — (1875 S. G. L. need. If there be dependent rela- Journal, 6563, 6629). 427. When our laws do not designate the person to whom payable. In any case in which neither this Constitution nor the Laws of the Lodge, nor of the Order, designate the per- son to whom the benefits, expenses, allowance, relief, etc., shall be paid, the Lodge may determine the same. — Consti- tution Subordinates, Art. IV, Sec. 10. 428. Brothers have no right to resort to courts of law — The decisions of the Lodge and the authorities of the Order are conclusive and final. This Constitution and all laws, rules and regulations providing for the granting of sick, funeral and other benefits, or of any aid, relief, assistance, allowance, expenses, or money, to any member, wife, widow, orphan, or any person whatever, or providing for the pay- ment to the Lodge of dues, assessments and demands by a member, are not intended and shall not be construed to create the relation of debtor and creditor, nor to create legal rights, liabilities, nor responsibilities, nor any legal con- tractual relation, nor to confer any right to enforce the granting or payment of the same by resort to courts of law ; on the contrary, all questions, whether of law or fact, rela- tive to the granting, payment or refusal of the same, relate to moral duties or obligations, and not to legal ones, and appertain to the sole jurisdiction of this Lodge and the authorities of this Order, and their decisions in the premises {-'lall be binding, conclusive and final upon all members, wives, widows, orphans or persons. Every person by be- coming or continuing a member of this Lodge consents to and agrees to abide by all the laws and decisions of this Benefits. 167 Lodge and of the authorities of the Order. — Constitution Subordinates, Art. IV, Sec. 6. 429. A Grand Lodge cannot undertake the payment of benefits. It cannot assume the payment of sick benefits in its jurisdiction, and tax all its members to provide a fund for that purpose ; nor can it form such a fund, to which such Lodges as choose may contribute such sums as the Grand Lodge may name, to be paid as sick benefits to members of such contributing Lodges.— 1892 S. G. L. Journal, 12791, 13050, 13075. 430. Penalty as to disability occurring after arrears paid. A brother is indebted to the Lodge one year's dues, $12.00, and on receiving notice of his indebtedness, he pays up in full. The Lodge cannot by its By-Laws deprive the brother from receiving benefits for six months thereafter. The following proposed By-Law of a Subordinate Lodge, the Grand Lodge disapproved and disallowed: "A member of this Lodge being in arrears more than thirteen weeks shall be punished with two weeks' exclusion from weekly benefits of this Lodge; more than six months' arrears shall be punished with four weeks' exclusion from benefits; more than nine months' arrears shall be punished with eight weeks' exclusion from benefits; and more than eleven months' arrears shall be punished with thirteen weeks' ex- clusion from benefits. This exclusion shall commence from the date of payment of arrears." The Grand Lodge^of the State of California in the exercise of its authority, does not allow such penalties in this jurisdiction, but it may permit the same if it sees fit, as appears by the note to this section. — 1891 Journal, 585, 690, 716 ; Memorial of Germania Lodge, 1890 Journal, 385, 410, 436; 1896 Journal, 409, 588, 629. Note. — Subordinates may pro- him of benefits under the local vide by By-Law that members in law, cannot become entitled to arrears shall not be entitled to them until he shall have paid up benefits until a specified time after in full all dues and fines (weekly they shall have paid up their dues and funeral) that have accrue*! — (1877 S. G. L. Journal, 7347, against him, nor then until the 7449). A member who is in ar- expiration of such time thereafter rears for dues so as to deprive as may also by the laws be pro- 168 Bknefits. vided as a penalty — (1877-1879- rearage shall not be entitled to 1888 S. G. L. Journal, 7462, 7505, benefits until thirteen weeks there- 7909, 8072, 8173-11105, 11368. after, the Lodge is not bound to 11396; 1874 S. G. L. Journal, 7802, pay him benefits until the thirteen 7841). Where the By-Laws pro- weeKs have expired after such vide that a brother one year in payment — (1874 S. G. L. Journal, arrears for dues paying his ar- 6178, 6264). 431. Reinstatement — Time limit — Penalty. A Lodge can- not affix a time limit as a penalty after reinstatement. — 1898 Journal, 209, 210, 211, 255. 432. Duty of Chairman of Visiting Committee. It is the duty, if not in conflict with the By-Laws, of the Noble Grand as Chairman of the Visiting Committee to announce to the Lodge whether a brother who has been reported sick is enti- tled to benefits.— 1875 Journal, 301, 300. 433. Lodge determines when benefits shall cease. The Visiting Committee of a Lodge reports as to the physical condition of a brother, but the Lodge determines when the brother's benefits shall cease.— 1882 Journal, 741, 844, 879. 434. Reports of Visiting Committee. It is illegal for a Lodge to insert in its By-Laws a provision that no benefits shall be paid without a report of the Visiting Committee. While it is proper to require that appropriate committees shall visit the sick, render such assistance as may be re- quired, and report fully in respect thereto, and to inflict such penalties upon the members of those committees who shall fail, without adequate excuse, in the performance of the duties imposed upon them, it cannot make a member's right to sick benefits, or the prompt payment of the same to him, contingent upon the performance or non-performance of duties by others who may happen to be members of a com- mittee or officers of the Lodge. — 1896 Journal, 534, 558, 559. 435. When claimant does not pursue the course pre- scribed by law. In this jurisdiction, in cases of difference or disputes, or a claim by a member of a Lodge of this juris- diction that sick benefits are due him from his own Lodge, this Grand Lodge, under our laws, does not review or disturb the action of the Lodge when the member has not pursued Benefits. 169 the course prescribed by Section 5, Article IV, of our Consti- tution of Subordinate Lodges, which provides for an Investi- gating Committee and an appeal to this Grand Lodge. — Tisquantum Lodge vs. San Lorenzo Lodge, 1904 Journal, 370, 590. 436. Donation not a benefit, when. Where a donation is made to a brother in arrears, and the By-Laws of the Lodge read *'the Treasurer shall deduct all dues from benefits," the donation is not a benefit in this sense, and cannot be so considered.— 1871 Journal, 366, 445, 471. 437. Action on report of Visiting Committee. The report of the Visiting Committee, like the report of ordinary com- mittees or a member thereof, is only a recommendation or report, and it is for the Lodge to determine whether it will acquiesce in or accept the report. — Matter of Phelps, 1893 Journal, 407, 424. 438. Grand Lodges and Subordinates control as to ar- rears depriving of benefits. State Grand Lodges, and they alone, are authorized to declare in their several jurisdictions what sum of dues and what length of time a brother shall be in arrears to constitute him non-beneficial, whether it be one or thirteen weeks, or longer; but when no such declara- tion is made by State Grand Bodies, Subordinates, by their By-Laws, may fix the sum or the length of time. — 1884-1893 S.^ G. L. Journal, 9502, 9734, 9801, 9426, 9466. 439. Drafts for benefits, and questions of order. A motion to draw a draft for two weeks' benefits involves questions of law and fact, and not of order, especially the question of fact whether the brother had been sick two weeks. It does not fall within the questions of order to be decided by the Noble Grand ; its determination appertains to the Lodge.— Matter of Phelps, 1893 Journal, 407, 424; 1898 Journal, 163, 164, 197. 440. Aged, infirm and indigent members. Grand Lodges may, by appropriate legislation, make such provision for benefits for aged, infirm and indigent members as they may 170 Benefits. deem proper.— 1884-1887 S. G. L. Journal, 9733, 9800, 10943, 10980. 441. Certain By-Law as to benefit^ valid. A By-Law which contains the following provision, to-wit: "No member who is in arrears for weekly or funeral dues for more than thir- teen weeks shall be entitled to benefits, provided that any member living more than five miles distant from the Lodge shall be granted four weeks' additional time in which to receive benefits," is not in conflict with the laws of the Order.— 1889 Journal, 31, 144, 162. (See Aged Odd Fellows: Grand Master.) 2. WHEN ENTITLED TO BENEFITS. 442. When not more than thirteen weeks in arrears. All brothers, if otherwise qualified, shall be entitled to benefits, if not more than thirteen weeks in arrears for dues, assess- ments or fines ; provided that all payments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the payment of dues, assessments and fines in the order in which they become due; but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. — Constitution Subordinates, Art. IV, Sec. 2. 443. The same — The minimum of delinquency. The pro- visions of Section 2, Article IV, Constitution of Subordi- nates, 'which reads ''and brothers, if otherwise qualified, shall be entitled to benefits if not more than thirteen weeks in arrears for dues, assessments or fines," merely fixes the minimum of delinquency in the payment of dues, etc., for which a member may be deprived of benefits. Lodges may, in their By-Laws, fix a longer period of such delinquency. — 1893 Journal, 427, 430. 444. A Lodge may provide for payment of benefits dur- ing membership. A Lodge may provide in its By-Laws for the payment of benefits to members who are more than thirteen weeks in arrears for dues. A Lodge may provide for the payment of benefits as long as the brother is a mem- Benefits. 171 ber of his Lodge. A Lodge cannot, however, refuse to pay- benefits to a member who is not more than thirteen weeks in arrears for dues.— 1888 Journal, 1020, 1111, 1130; 1890 Journal, 449, 450. 445. Must be over thirteen weeks in arrears to deprive of benefits. The clause in the By-Laws of a Lodge as follows : "All brothers, if otherwise qualified, shall be entitled to benefits until more than thirteen weeks in arrears for dues, assessments or fines," does not mean that if a brother is more than thirteen weeks in arrears he shall not be entitled to benefits. It simply means that a brother must be at least thirteen weeks in arrears before benefits can be denied him on account of being so in arrears. A Lodge cannot deprive a brother of benefits until after he is more than thirteen weeks in arrears, but may grant him benefits as long as he is a member of the Lodge, if the By-Laws so provide. — 1884 Journal, 158, 168. 446. The same. A brother who is not more than thirteen weeks in arrears for dues, fines or assessments cannot be denied benefits. The By-Laws of a Lodge cannot provide that less than thirteen weeks' arrears shall deprive of bene- fits. A By-Law which does not deprive a brother of benefits until he is twenty-six weeks in arrears is constitutional and valid.— 1897 Journal, 805, 1030, 1031, 1055. 447. After six months* membership, when sickness com- mences prior thereto. A brother taken sick prior to having been a member of the Lodge six months, and his sickness continues, is to be regarded as having been taken sick, so far as his right to benefits is concerned, at the expiration of six months from the date of his admission. — 1889 Journal, 31, 122, 163. 448. The same. Where the By-Laws provide that a brother shall be a member six months before being entitled to benefits, and the brother falls sick before the expiration of the first six months of his membership, and such sickness continues beyond such six months, the brother, if otherwise qualified, becomes entitled to benefits immediately upon the expiration of the six months. — 1869 Journal, 83, 107. 172 Benkfits. 449. For first week's sickness. Unless there is a pro- vision in the By-Laws to the contrary, under the provisions of the Constitution, a Subordinate Lodge must pay benefits for the first week's sickness.— 1893 Journal, 278, 384, 420. 450. Brother in good standing.* A brother in good stand- ing is entitled to benefits during all of the time of his sick- ness. A Lodge can, however, regulate the amount to be paid, subject to the provisions of the Constitution.^1880 Journal, 333, 373. 451. Effect of receipt for dues. When the Secretary gives a brother a receipt for dues for a longer time than he is entitled to, such receipt holds good as to the brother's standing in the Lodge until the brother is notified of the error contained therein. — 1889 Journal, 34, 122, 163. 452. Not informing Secretary of change of residence and penalty. A brother can only be deprived of his benefits in the manner provided by law. The Lodge may, it is true, impose a fine on a brother for not informing the Secretary of his change of residence, but it cannot forfeit, as a penalty, the benefits to which a brother is entitled. — 1880 Journal, 333, 373. 453. Third Degree members. As soon as a beneficial brother becomes a Third Degree member he becomes enti- tled to Third Degree benefits. — Williams vs. Yerba Buena Lodge, 1889 Journal, 136, 160. 454. Cannot refuse on account of change of residence. Full benefits cannot be refused for the reason that members propose a temporary residence in some other place in which a change in their ordinary occupation would increase the risk of life or health; nor because sickness accrued in a more dangerous clime than that in which the Lodge is •ocated, and a Subordinate has no right to enact a By-Law that members in the receipt of benefits shall forfeit the same in case they leave the vicinity of the Lodge, nor to prohibit its members from going to any point to which their interest may take them, or their welfare or comfort demand. — 1851- 1855 S. G. L. Journal, 1712, 1739, 1798-2494, 2508, 2521 ; 1852 Benefits. 17H S. G. L. Journal, 1845, 1885, 1948; 1877-1886 S. G. L. Journal, 7401, 7477-10255, 10521, 10659. 455. Brother receiving salary during sickness. A brother who receives a salary amply sufficient to maintain himself and family, and becomes sick and disabled, is entitled to benefits until he again becomes able to follow the business for which he receives the salary. — 1882 Journal, 741, 844, 879. 456. In military service. A brother in good standing, w^ho is in the military service and is taken sick, but receiving his full pay and rations, is legally entitled to benefits. — 1866 Journal, 219, 230. 457. A sailor in hospital. A sailor sick in Government hospital is, if in good standing, entitled under the general laws of the Order to sick benefits. — 1900 S. G. L. Journal, 504, 827, 873. 458. American soldier in Government hospital in Phil- ippines. An American soldier serving in the Philippines, a member in good standing of a Lodge, is sick and confined in a Government hospital and incapacitated for work, but his wages continue during his illness and his expenses for medical attendance, medicine, nursing, etc., are paid by the Government, he is entitled to benefits. — 1900 S. G. L. Journal, 507, 827, 873. 459. During suspension or expulsion. When a brother has been illegally expelled or suspended, and is afterwards restored by action of the Grand Lodge, he is entitled to sick benefits during the time of his expulsion or suspension, in case of sickness. — 1864 Journal, 574. 460. Brother's private and financial affairs — Competence. A Lodge has no right to inquire into the private affairs of a brother. If he is in good standing at the time of being taken sick, he is entitled to the benefits provided by the By-Laws of his Lodge, and the Lodge is bound to pay them. It makes no difference whatever, whether the brother is in need or enjoying a competence. — 1866 Journal, 219, 230; 174 Benefits. 1875 S. G. L. Journal, 6350, 6619, 6692 ; Cunning vs. Mound Lodge, 1900 Journal, 137, 176. 461. Without property or with income sufficient to sup- port. It makes no difference whatever whether the brother is in need or enjoying a competence, whether he is entirely without property or has an income sufficient for his sup- port. If he is in good standing at the time he is taken sick, he is entitled to benefits. — Cunning vs. Mound Lodge, 1900 Journal, 137, 176. 462. Payment of wages. It is not the question of the payment of wages, but of the ability of a brother to earn wages, which constitutes the test in respect to a claim for benefits.— 1900 S. G. L. Journal, 507, 827, 873. 463. Brother cannot waive benefits. A Lodge has no right to dispense with voting a brother benefits who is enti- tled to the same, even if he files with the Lodge a written waiver or release to the same, when the Constitution of Subordinates is as follows: ''All brothers sick shall be enti- tled to and receive such weekly benefits," and the By-Laws of the Lodge further providing that ''the following weekly benefits shall be paid." — 1864 Journal, 525, 545. 464. Insane entitled to benefits. Where a member in good standing in his Lodge becomes insane, he is entitled to sick benefits. If he is sent to an asylum he is entitled to sick benefits while in that institution. — Matter of Vick- ery, 1896 Journal, 575, 617 ; 1870 Journal, 188, 255. Note. — It is the bounden duty ported at public expense is enti- of Lodges to extend the same ben- tied to benefits — (1886-1887 S. G. efits to lunatics as are given to L. Journal, 10387, 10391, 10441, those who suffer from bodily in- 10474-10712, 10951, 11005). While firmity — (1853 S. G. L. Journal, an inmate of a hospital for the 2137, 2177). An insane brother insane, the liability of the Lodge in a State lunatic asylum, and in for such brother's benefits is the the exclusive charge of that insti- same as that towards other mem- tution, is entitled to benefits — bers — (1901 S. G. L. Journal, 27, (1882 S. G. L. Journal, 8953, 365,387,388,413). 9081). An insane brother sup- Benefits. 175 465. When benefits of insane brother paid to guardian. A brother taken sick, who is insane and has had a guardian appointed by a court, and he being unmarried and no near of kin residing in the State, is entitled to benefits, which must be paid to his guardian. — 1872 Journal, 575, 665, 684. 466. Insane brother and absent guardian. A guardian appointed by a court of this State of an insane brother, who has no dependent relatives, and is not in an asylum, but with a private family, departs from this State and becomes a resident of the State of Kansas, and gives a power of attorney to a brother who is Secretary of a General Relief Committee, under whose care the insane brother is, to col- lect the sick benefits; the same may be paid to such attor- ney, but the court should be apprised of the fact that the guardian has permanently removed beyond the jurisdiction of the court.— 1895 Journal, 26, 27, 195, 196, 236. 467. Insane brother. Benefits must be paid to an insane brother as freely and as fully as in any other case of inca- pacity of obtaining a livelihood; and the plea that "benefits are not payable to the legal representatives of a member's estate," does not avail while the member is still living, and so is his own estate. — Appeal of General Relief Committee of Stockton vs. Sacramento Lodge, 1882 Journal, 878; 1882 S. G. L. Journal, 8953, 9081 ; 1883 Journal, 1074. 468. Attempted suicide while insane. Where the By- Laws of a Lodge contain this provision, to-wit: "Sickness resulting from intemperance or immoral conduct, shall not entitle a member to benefits," and the brother attempts suicide and is reported sick to the Lodge, he is not entitled to sick benefits, if at the time of his attempted suicide he was of sound mind, as in that event he would be guilty of immoral conduct. But if a brother attempts suicide while insane or under an insane impulse, he should receive our commiseration and friendly offices and is entitled to bene- fits. The Lodge should determine the question upon the circumstances of each case, considering the brother's acts in the spirit of humanity and mercy. — 1882 Journal, 738, 844, 879; 1884 Journal, 14, 116, 153. \76 Benefits. 469. Benefits of insane brothers, how paid, and to whom. Resolved, That when a brother of this Order, entitled to benefits, shall become insane and ^shall be confined in an insane asylum, and while therein shall be supported at public expense, the Lodge of which said brother may be a member, shall, at least once in every month, pay to the Grand Treas- urer of the Grand Lodge under which said Lodge holds its charter, the benefits due such brother, which said money shall be held by such Grand Treasurer as a trust fund for the support of such brother, when required therefor. The money so deposited shall be paid out by such Grand Treas- urer upon the order of the Grand Master having immediate jurisdiction of such Lodge. If such insane brother shall be discharged as sane, the money remaining of such fund shall be paid over to him in the manner hereinbefore directed; proznded, however, that if said brother shall die while insane, if any of the money so deposited shall remain in the hands of such Grand Treasurer, and there shall be no heirs enti- tled to inherit, the money so remaining, if not claimed by his heirs within six months from the death of such brother, shall be repaid to the Lodge depositing the same, and the same thereafter shall be the property of such Lodge. In like cases, where money has heretofore been paid to any Relief Committee or Grand Master, such committee or Grand Master shall immediately deposit the money so received, as hereinbefore directed, to be held, used and disposed of as a trust fund in the same manner and for the purposes afore- said; provided, however, that in case such insane brother has dependent relatives, the Lodge to which the brother belongs may use its discretion as to the payment of a brother's benefits to such relatives, instead of as provided by this resolution.— 1884 Journal, 109, 117, 152. But if the Lodge should pay the brother's benefits to his wife, and the brother should recover, he cannot in such case compel the Lodge to pay the benefits a second time. — 1882 Journal, 720, 844, 877. 470. Insane brother in hospital. Under the laws of our Order, ''weekly benefits," due an insane brother while in I Benefits. 177 a hospital for the insane, should be held for his use or expended solely for his benefit ; but any such accrued bene- fits should, at the death of the brother, be paid to his widow, orphans, or dependent relatives, according to the fact. If there be none such, then any such unexpended benefits revert to the general funds of the brother's Lodge. — 1904 S. G. L. Journal, 866, 884. 471. Nervous affection treated in sanitarium. A nervous affection necessitating treatment in a sanitarium entitles a member to sick benefits.— 1899 S. G. L. Journal, 268, 290. 472. Aged brother and softening of the brain. An aged person, incapacitated to work or earn a livelihood by soft- ening of the brain, is entitled to benefits. It may be true that aged persons are more liable to such an affliction than others, still this does not change the fact that softening of the brain is a disease, or lessen the fraternal obligation, to pay to the aged sufferer the benefits to which the sick are entitled, under the laws of our Order. — Stratton vs. Chan- nel City Lodge, 1896 Journal, 526, 558. 473. Sickness incident to old age. A brother in good standing is entitled to benefits during sickness, whether such sickness is incident to old age or not. If not sick, but merely infirm from old age, he is not entitled. — 1901 S. G. L. Journal, 24, 360, 371, 372. 474. Donation and mistake as to brother's standing. Where donations have been made to a brother in lieu of benefits (it not being clear that the brother is legally enti- tled to benefits, and the donations not having been made to put the brother in standing, but to afford him relief because he was sick), and it subsequently appears that the brother was entitled to benefits, the said benefits should be paid to the brother less the amount of the donations. — Hol- brook vs. Pajaro Lodge, 1884 Journal, 31, 128, 154. 475. Reported out of care, and a relapse. A brother in jjood standing who had been sick for some time, when con- valescing and nearly well, desired to be and was reported out 12 178 Benefits. of care. Shortly after, there was a relapse in his disease, which wholly incapacitated him from attending to any busi- ness. He is as much entitled to ^sick benefits under this relapse and consequent incapacity as if he had been actually and fully restored to health and subsequently prostrated by the same or any other disease. — 1872 Journal, 576, 665, 684. 476. Benefits improperly obtained at a previous time. If a brother at some previous time obtained benefits by falsely pretending sickness, such conduct is a proper sub- ject for charges against the brother; but, in the absence of such charges, it cannot be sufficient to defeat the brother's claim for subsequently accruing benefits, without other evi- dence relating to the time for which such subsequent bene- fits are claimed. — Jackson vs. California Lodge, 1885 Jour- nal, 421, 435. 477. In case of blindness. A brother in good standing who by sickness or accident has become blind, is prima facie entitled to benefits, although in other respects his bodily health may be good. If such a brother has, or can reas- onably obtain any occupation whereby he can make a living, he would not be entitled to benefits. This, however, cannot be presumed, but must be made to appear affirmatively. — 1881 S. G. L. Journal, 8736, 8798; 1885 Journal, 373, 401, 431. 478. When brothers pay arrears. Where a brother, being in arrears eleven months, notified in time, pays after the lapse of twelve months (without being read out) eight dol- lars on his indebtedness, he will be entitled to benefits at once, if the payment places him in good standing. — 1886 Journal, 610, 636, 648. (See Sections 430, 404, and 398 of this Digest.) Note. — But payment of arrears entitle sick brother to benefits dur- while sick does not reinstate a ing that sickness. — (See Section brother in good standing so as to 490.) 479. Shall begin from what date. A By-Law reads: *'No member shall be entitled to benefits for more than one week prior to being reported sick to the Lodge." The same I I f Benefits. 179 By-Law further provides that the brother must be reported to some officer of the Lodge. The Lodge having directed by- its By-Laws that a brother taken sick will have discharged his duty by reporting to an "officer of the Lodge," the Lodge must take that day as determining the date of sick- ness.— 1890 Journal, 401, 412, 435. 480. A brother beneficial when reported sick. A brother who is reported sick and who is then sick and bene- ficial, cannot become delinquent or not beneficial during that sickness, though he become in arrears. — 1898 Journal, 209, 210, 211, 255. 481. Reported sick last day of arrearage for dues. Under By-Laws which read: "No member shall be entitled to benefits who is more than thirteen weeks in arrears for dues," "A member more than thirteen weeks in arrears for either assessments, dues or fines shall not be entitled to sick benefits," "No benefits shall be allowed unless the brother has been sick two weeks; then the brother shall be entitled to one week's benefits; his sickness must be reported to the Lodge, and until such report is received no benefits can be granted," "Every member shall pay as dues nineteen and three-thirteenths cents per week into the general fund, ' ' a sick brother who reports himself sick to the Recording Secretary on the last day of the thirteen weeks of arrear- age for dues cannot be deprived of the sick benefits result- ing from such sickness. — Bigelow vs. Marion Lodge, 1903 Journal, 140, 154. 482. A brother beneficial at commencement of his sick- ness. A brother who is beneficial at the commencement of his sickness cannot be deprived of benefits during that sick- ness, though he become in arrears, as it is the fault of the Lodge in nSt retaining so much of his benefits as would keep him in good standing during such sickness. — 1857- 1880 S. G. L. Journal, 2700, 2764, 2810, 8461. 483. Beneficial when sickness commenced, but in arrears when reported to Lodge. Whether a sick brother who is beneficial at the commencement of his sickness, but is more 180 Benefits. than thirteen weeks in arrears for dues and not in good standing when he is reported sick to the Lodge, is entitled to benefits, depends upon the time and circumstances under which he is reported sick to the Lodge and the By-Laws of the Lodge applicable thereto.— 1898 Journal, 256, 257, 278. 484. Dues paid, and Secretary fails to report the same to the Lodge, but embezzles the money. If a member pays his dues to the Financial Secretary during the week, and the Financial Secretary fails to report said payment to the Lodge and embezzles the money, the Lodge is responsible for the loss, and if a member, through such neglect of the Financial Secretary, falls in arrears, he is entitled to bene- fits; and if the Lodge, by resolution, had prohibited the Financial Secretary to receive dues except in open Lodge, the Lodge nevertheless would be responsible for any future loss in such cases where the Financial Secretary receives the dues during the week.— 1878 Journal, 951, 957, 974, 975. 485. Expulsion reversed by Grand Lodge — Appeal to Sovereign Grand Lodge — Benefits. When a member is tried and expelled by his Lodge, and he appeals to the Grand Lodge, and the Grand Lodge reverses the decision of the Subordinate Lodge, and the Lodge asks for, and is granted permission to appeal to the Sovereign Grand Lodge, the action of the Grand Lodge in reversing the judgment rein- states the brother into good standing, and, unless otherwise disqualified on account of non-payment of dues or such other conditions as would disqualify him from receiving benefits, he would be entitled to all the rights and privileges as though no appeal were pending to the Sovereign Grand Lodge from the action and judgment of the Grand Lodge of this jurisdiction, and if the brother be taken sick pending the appeal to the Sovereign Grand Lodge, the Lodge cannot refuse to pay sick benefits until after the Sovereign Grand Lodge has rendered its decision thereon. — 1899 Journal, 464, 657, 679. 486. Lodge suspended or charter arrested by Grand Master and restored. If the Grand Lodge approves and sus- Benefits. 181 tains the suspension of a Lodge or the arrest of its charter by the Grand Master, and yet restores the charter to the Lodge, it may prescribe the terms and conditions thereof. If the Grand Lodge disapproves and does not sustain the suspension, or decides that the suspension was illegal or unjust, and restores the charter, a brother who was sick and disabled during said suspension, and otherwise quali- fied to receive benefits, would, on the restoration of the char- ter, be entitled to benefits during the period of suspension. — 1899 Journal, 464, 657, 679. 487. A suspended inmate of Odd Fellows* Home. An inmate of the Odd Fellows' Home who is suspended from its privileges for a limited time can, during such suspension, pay dues to his Lodge, and if sick or taken sick during such time, he is entitled to sick benefits, provided he has complied with the By-Laws of his Lodge.— 1902 Journal, 749, 900, 917. 488. Offered admission to an I. 0. 0. F. Home and de- clines. A brother in good standing is unable physically to take care of himself and is offered a place at an I. 0. 0. F. Home, but refuses to go, his Lodge is bound to give him attention and sick benefits in accordance with its By-Laws and the laws of the Grand Lodge of his jurisdiction. — 1902 S. G. L. Journal, 530, 978, 1002. (See Aged Odd Fellows.) 3. WHEN NOT ENTITLED TO BENEFITS. 489. The local law controls as to arrears and beneflta. The length of time and amount of dues that a brother shall be in arrears to constitute him non-beneficial is a matter of local legislation.— 1899 Journal, 524 ; 1898 S. G. L. Jour- nal, 16073, 16139. 490. Payment of arrears while sick does not entitle sick brother to benefits. A brother who is not entitled to sick, funeral or other benefits, by reason of non-payment of dues or demands against him, cannot, during his sickness, by the payment of arrearages, reinstate himself in good stand- ing, so as to be entitled to benefits during that sickness. — 182 Benefits. Constitution Subordinates, Art. IV, Sec. 10; 1859 Journal, 472; 1863 Journal, 422; Landers vs. San Francisco Lodge, 1870 Journal, 230, 252; Burtt vs. ^Red Bluff Lodge, 1883 Journal, 1010, 1166, 1180; Herman vs. Cayucos Lodge, 1895 Journal, 166, 184; Lang vs. Aecker Lodge, 1898 Journal, 167, 168, 198; 1848-1854-1858 S. G. L. Journal, 1318-2311, 2346-2859, 2925, 2963. 491. The same. A donation of dues. Where a Lodge donates a sick brother the full amount of his dues, the brother being in arrears so as to disqualify him from receiv- ing benefits, he is not entitled to benefits for that sickness. — 1871 Journal, 366, 445, 471. 492. Reinstated while sick. If sickness dates prior to reinstatement, a brother who is reinstated while sick is not entitled to benefits during that sickness. — 1897 Journal, 844, 994, 1034. 493. Criminal and immoral acts, causes, etc. No bene- fits shall be paid for any injury or disability received in the commission of a crime or an immoral act, nor for any sickness or disability arising from any criminal or immoral acts, conduct, causes or considerations, nor in cases where the same contribute thereto. — Constitution Subordinates, Art. IV, Sec. 8. 494. Illness or disability from immoral conduct. Under By-Laws which read ''that any brother sick or disabled shall receive benefits, provided such illness or disability does not result from his own immoral conduct," it is not neces- sary that the brother be convicted of the immoral conduct by regular trial upon charges, before the Lodge can refuse benefits on that ground. — Byington vs. California Lodge, 1873 Journal, 784, 889, 896; Holland vs. Oakland Lodge, 1881 Journal, 505, 615, 628; 1873 S. G. L. Journal, 5837, 5877. 495. Trial on charges not necessary. A trial on charges is not a prerequisite to a denial of benefits. — 1873 Journal, 900, 901 ; Byington vs. California Lodge, 1873 Journal, 784, 889, 896. Benefits. 183 496. Immorality before or after admission as member. The provision, in the By-Laws of a Lodge, that to entitle a brother to benefits on account of his sickness or disability, such sickness or disability shall not proceed from immoral conduct on his part, is perfectly legal. Therefore, where the By-Laws contain such a provision, it is a prerequisite that the brother's sickness or disability was not caused by immorality. It is immaterial whether the immoral conduct resulting in such sickness was prior or subsequent to the brother's admission to the Lodge. — Kaempffmann vs. Yerba Buena Lodge, 1885 Journal, 398, 425. 497. Immoral conduct, and its consequences. If a brother becomes disabled by immoral conduct, two consequences follow: First, he may lose his benefits; second, he may be put on trial and punished. But the Lodge is not compelled to try him unless charges are brought against him. It, on the contrary, may deem the loss of benefits a sufficient inci- dental punishment for his conduct, and may decline to prose- cute the matter any further.— 1873 Journal, 784, 889, 896. Note. — ^To entitle a sick or dis- ness or disability was not caused abled member to his benefits, be- by immorality — (1873 S. G. L. sides being in good standing, it is Journal, 5837, 5877). also a prerequisite that the sick- 498. When saloon-keeper not entitled to benefits. Where a brother, after the prohibitory legislation of the Sovereign Grand Lodge on the subject, entered into the saloon busi- ness and while engaged in that business as a consequence thereof became injured; that is, in performing work per- taining to such business, mashed one of his fingers between two barrels of beer and thereby disabled himself from doing any work, he is not entitled to weekly benefits. Under the Sovereign Grand Lodge legislation and its decisions, the entering into such business after such prohibitory legis- lation by an Odd Fellow must be assumed to be immoral conduct and if an ailment or injury is received in or conse- quent upon such business, he would not be entitled to bene- fits.— 1905 S. G. L. Journal, 30, 219, 243. 184 Benefits. 499. A fraction of a week. A brother reported sick, and who is sick a fraction of a week, is not entitled to benefits unless the By-Laws of the Lodge ^provide otherwise. — Mat- ter of Phelps, 1893 Journal, 407, 408, 424; 1880 Journal, 397, 396 ; 1886 Journal, 534, 620, 645 ; 1901 S. G. L. Journal, 25, 360, 371, 372. 500. A brother sick six days. A brother is not entitled to a week's sick benefits unless he is sick the entire week. The fact that he is sick six days will not entitle him to be allowed a week's benefits.— 1889 Journal, 28, 122, 163. 501. Visiting Card, and first week's sickness. When Visiting Card granted, the By-Laws provided for benefits for first week's sickness, but were changed so that benefits were not payable therefor. The holder of the Visiting Card is not entitled to benefits for first week's sickness happening after such change. — 1895 Journal, 42, 185, 235. 502. In arrears. A Lodge may pay benefits to a brother who is in arrears for dues, or may make such a brother a donation, but it cannot deduct such payment or donation from said brother's "funeral expense" at his death. A brother in arrears cannot demand benefits as a right. — 1897 Journal, 809, 1030, 1054. Note. — The By-Laws fix when tiition of Subordinates. — See Sec. arrears deprive of benefits, subject 399 of this Digest.) to Article IV, Section 2, Consti- 503. The same. A Lodge may give a brother benefits as long as he is a member, whether in arrears or not, and may do so either by adopting a By-Law providing generally for payment of benefits for a specified time after the member shall have been thirteen weeks in arrears, or by the vote of the Lodge directing payment of benefits in a particular case, notwithstanding more than thirteen weeks' arrearage. The right of a Lodge to pay benefits to a brother who is in arrears is unlimited, and may be exercised in any manner the Lodge deems proper.— 1897 Journal, 805, 1030, 1031, 1055. Benefits. 185 504. Arrears thirteen weeks for dues. Under a By-Law which reads "Any member of this Lodge who is in arrears over thirteen weeks, whether the same be for fines, dues or assessments, shall not be entitled to speak or vote on any subject, nor shall he receive benefits"; a member cannot receive benefits if he owes the Lodge more than thirteen weeks' dues. — Beach vs. Fortuna Lodge, 1878 Journal, 947, 974. 505. The same — Duty to pay dues. Every brother has ample opportunity to pay his dues before he becomes thir- teen weeks in arrears. The responsibility and duty of pay- ment rests upon him, and not upon the Lodge. Where the By-Laws provide that a brother thirteen weeks in arrears shall not be entitled to benefits, and a brother's dues are not in fact paid to the Lodge, or its officer or officers authorized to receive them, and the brother becomes over thirteen weeks in arrears, he is not entitled to benefits. — Twitchell vs. Santa Ana Lodge, 1894 Journal, 689, 718. 506. Time, not amount, determines standing. Time only, and not amount, determines a brother's standing and right to benefits, as well as his liability to suspension for non- payment of dues.— 1885 Journal, 289, 404, 433. 507. Dues in arrears and partial payment. Whether a brother who pays twelve months' dues when he owes twenty months' dues, and thereafter is taken sick, is entitled to benefits, depends entirely upon the By-Laws of the Lodge. — 1895 Journal, 40, 225, 249. 508. The same. If the Secretary allows a brother's account to run over fifteen months before he notifies him, and the brother remits but one year's dues, he is not enti- tled to benefits when the By-Laws provide that a member owing over thirteen weeks' dues, etc., shall not be entitled. —1891 Journal, 584, 686, 715. 509. Member in arrears. No member in arrears more than thirteen weeks when taken sick, is entitled to benefits during the continuance of such sickness if the By-Laws so provide. — Freund vs. Sonora Lodge, 1886 Journal, 659, 662. 186 BENEFITS. 510. When arrearages debar from benefits. When the By-Laws of a Lodge specify the time, beyond which a brother in arrears shall not be entitled to benefits, such arrearages commence at a date which will equal the full time prescribed by the By-Laws, after deducting such length of time as is covered by crediting the last payment. — 1860 Journal, 1086. 511. Sick brother not in arrears — When benefits due. If the Lodge is cognizant of a brother's sickness, and he has complied with the laws of the Lodge, he cannot be in arrears until the benefits due him are liquidated, and all dues should be deducted from the benefits previous to paying the same. —1864 Journal, 482, 521. Note. — ^A brother cannot be de- to place him in good standing — ■ prived of sick benefits on the ( 1854 S. G. L. Journal, 2291, ground that he is in arrears, if the 2341; 1897 S. G. L. Journal, Lodge is indebted to him, on ac- 15559, 16616). count of a prior sickness, sufficient 512. Arrears and promissory note. A brother is not entitled to benefits who is in arrears for dues according to the By-Laws of his Lodge, notwithstanding the Lodge is indebted to him on a promissory note for borrowed money bearing interest. — 1866 Journal, 198, 214. 513. Arrears — Officer's salary — Compensation for work and labor. It is a universal rule that the right to benefits depends upon the payment of dues within the time fixed by law. Payment is a condition precedent. If a brother perform the duties of a salaried office of a Lodge, or per- form services, or work and labor for a Lodge for which he may legitimately be paid, the amount due him must be paid to him, and an order drawn in the usual manner in his favor. When he obtains the warrant or order, he can draw the money out of the treasury, and he has the right to use it in paying his dues; or he has the right to use it for his own purposes, and to decline to appropriate it to the payment of his dues. Where a brother or officer is taken sick, who is sufficiently in arrears for dues to debar him from sick Benefits. 187 benefits, and yet the Lodge is indebted to him for salary or services rendered by him to it, in an amount sufficient to pay his dues, he is nevertheless not entitled to benefits. A Lodge cannot apply any part of the indebtedness for serv- ices, etc., to the payment of his dues against his wishes, or without his consent. But when a sick brother is entitled to sick benefits, the Lodge should pay his dues out of the benefits due him, the law being that a sick brother entitled to benefits cannot become delinquent while sick. — 1897 S. G. L. Journal, 15559, 16616; 1899 Journal, 441, 650, 677. 514. Case where money due cannot be credited. Where two Lodges are owners in common of, and occupy the same building and hall, and have joint Trustees to supervise, con- trol, manage and rent, etc., the joint property, and the Trus- tees employ a brother of one of the Lodges as janitor, the amount due from the joint Trustees cannot be credited on account of the brother's dues on the books of his Lodge, in order to place him in good standing and entitle him to bene- fits. — ^Holbrook vs. San Lorenzo Lodge, 1884 Journal, 26. 128, 154. 515. When brother not entitled to. Where the By-Laws provide that "every member shall pay into the general fund three dollars per quarter, which must be promptly paid on or before the last regular meeting of each quarter," and **no member who is in arrears for dues over thirteen weeks shall be entitled to receive benefits by reason of any pay- ments he may make during his sickness or bodily infirm- ity," a member cannot receive benefits if he owes the Lodge more than thirteen weeks' dues. — 1873 Journal, 870, 892. 516. In arrears for funeral assessments. Where the By- Laws of a Lodge provide that a brother thirteen weeks in arrears for assessments, shall not be entitled to benefits, a brother whose weekly dues are paid, but who is more than thirteen weeks in arrears for a funeral assessment, is not entitled to benefits. — Wettenberg vs. Germania Lodge, 1896 Journal, 576, 637, 638, 639, 617, 618; 1896 Journal, 607, 636, 408. 188 Bknefits. 517. The same. Where the By-Laws of a Lodge read: "No member shall be entitled to benefits who is over thirteen weeks in arrears for dues, fines and assessments," a brother is not entitled to benefits when his account stands charged with an assessment more than thirteen weeks, although his dues are paid to the close of the current term. — 1882 Jour- nal, 739, 740, 844, 879. 518. Sickness must be reported to Lodge. A sick brother claiming benefits must report himself, or cause himself to be reported sick to the Lodge without delay .^ — Constitution Subordinates, Art. IV, Sec. 10. 519. Reporting sickness to Lodge. Under a By-Law which reads, *'His sickness must be reported to the Lodge, and until such report is received no benefits can be granted," a report by the sick brother of his sickness to the Recording Secretary is a report to the Lodge within the meaning of such a By-Law. — Bigelow vs. Marion Lodge, 1903 Journal. 140, 154. 520. In case sickness is not reported. The By-Laws of a Lodge provide as follows: ''Any member becoming sick or disabled shall forthwith report, or cause himself to be re- ported, to the Lodge, and no benefits shall be voted by the Lodge unless he shall have been previously reported to the Lodge." A member of said Lodge becomes sick or dis- abled and remains so sick or disabled for over a month ; he fails to report, or cause himself to be reported, although residing within the jurisdiction of the Lodge. The brother is not entitled to benefits for the length of time that he claims that he was sick or disabled, unless the brother ean show that his sickness was of such a nature that it was im- possible for him to have reported himself to the Lodge, or to have caused a report to have been made in his behalf, and that he did report himself as soon as he was able to do so. — 1890- Journal, 411, 415, 435. Note. — The By-Law of a Lodge or two weeks, cannot apply to requiring certified notices to be cases in which a brother by in- sent to the Lodge once in a week sanity or mental sickness is inca- Benefits. 189 pacitated from complying with it, cases cannot be withheld — (1856 nor to any case where it is impoa- S. G. L. Journal, 2621, 2650; 1862 sible for a brother to comply with S. G. L. Journal, 3470, 3490). the requirements. Benefits in such 521. When sick brother does not report himself sick till in arrears. Under a By-Law which reads: "His benefits shall not commence more than one week previous to the time of his being reported," a brother does not become en- titled to benefits because he is sick and in good standing, he must also report himself, or cause himself to be reported, to the Lodge as sick, and then his benefits commence from one week prior to this report if he was sick from that time. A sick brother who fails to report himself, or cause himself to be reported to the Lodge as sick, may be said to waive his benefits, but more strictly speaking, by such failure or neg- lect he does not become entitled to benefits. Where the brother was not in good standing for benefits when he was reported sick to the Lodge, nor was he so one week prior thereto, he was not therefore entitled to benefits, notwith- standing he was in good standing when first taken sick. — Abraham vs. Healdsburg Lodge, 1892 Journal, 70, 90. 522. Notice of sickness by absent brother. A provision requiring a member absent from his Lodge to notify another Lodge where he is of his sickness is a reasonable regulation, and if a member does not comply with it, if there was a Lodge near enough to him to be reasonably accessible to notice, and if his physical or mental condition was not such as to render him incapable of giving the notice, then he would not be entitled to benefits. — 1904 S. G. L. Journal, 351, 873, 886. 523. Where requirements of By-Laws not complied with. If a brother does not comply with all the requirements of his Lodge's By-Laws, in relation to benefits, he cannot enforce their payment whether the Lodge refuses for that reason or not. — Mysell vs. Harmony Lodge, 1891 Journal, 669, 674; Cooke vs. California Lodge, 1888 Journal, 1088, 1096; Keel vs. Harmony Lodge, 1891 Journal, 670, 674. 100 Benefits. 524. Where By-Laws require an attested statement. Those who desire benefits must comply with all the require- ments of their Lodge's By-Laws. Where the By-Laws pro- vide that a member taken sick remote from his Lodge must send or cause to be sent to his Lodge a statement of his case, etc., attested by the Noble Grand of some Lodge near him, etc. If he fails to send such statement he cannot enforce against his Lodge his claim for benefits. A brother who fails to comply with such a By-Law, but continues sick, may, however, send such statement, as provided by the By-Law, to his Lodge, and if otherwise qualified and entitled to sick benefits, may enforce his claim to benefits as to future sick benefits, that is, such sick benefits as may arise or accrue after the Lodge has received such statement. — Walton vs. Capay Lodge, 1900 Journal, 141, 176; Gardner vs. Donner Lodge, 1894 Journal, 691, 692, 718. 525. Where By-Laws require a sworn statement and a doctor's certificate. Where By-Laws provide that a brother being or residing at a distance from the city in which the Lodge is located, or in another county or State, and claim- ing benefits, must, without delay, forward to his Lodge a true statement of his case, verified by his oath, etc., and at- tested by certain officers, or shall send to his Lodge a state- ment or certificate of the cause and nature of the illness or disability, signed by a physician and certified by a certain officer, and if a brother fails to forward or send such state- ment or such certificate as required by the By-Laws, he is not entitled to benefits and cannot enforce against the Lodge his claim for benefits. — Cooke vs. California Lodge, 1888 Journal, 1088, 1096 ; Petition of Carl Kruger, 1878 Journal, 919, 920, 953 ; Levy vs. Golden Gate Lodge, 1888 Journal, 1087, 1096. 526. Where By-Laws require monthly statements. Where a By-Law requires a brother claiming benefits who is absent from the county where the Lodge is located, without de- lay to forward to his Lodge a statement of his case, specify- ing the sickness and disability to work and the time and probable duration thereof, and attested by the Noble Grand Benefits. 191 and Secretary, with the seal of the Lode^e nearest to his abode, and to furnish such statement monthly ; if he fails to send such statement, he cannot enforce his claim for ben- efits against the Lodge. Those who desire benefits must comply with all the requirements of their Lodge's By-Laws in relation thereto. — Keel vs. Harmony Lodge, 1891 Journal, 670, 674; 1898 S. G. L. Journal, 15979, 15995. 527. The same — A sworn statement is not conclusive. Where the By-Laws of a Lodge require a brother demanding benefits to forward to the Lodge a sworn statement of his condition, the Lodge may refuse the benefits notwithstand- ing the sworn statement, if the representations contained in the statement are false, or the brother is not entitled to ben- efits.— Cooke vs. California Lodge, 1888 Journal, 1088, 1096. 528. The same — A doctor's statement or certificate is not conclusive. A By-Law of a Lodge providing that a brother, residing at a distance from the location of the Lodge, who claims benefits, must send to the Lodge a certificate or state- ment of a physician of his case, complaint and cause, does not make such certificate conclusive evidence of the facts therein stated or of the brother's right to benefits, and in such case if the facts stated in the certificate are not true or the brother is not entitled to benefits, it is the duty of the Lodge to refuse to grant the same. — Hitz vs. Alisal Lodge, 1877 Journal, 653, 666; Christensen vs. Unity Lodge, 1875 Journal, 287, 295. 529. Brother sentenced to a reprimand. A brother sen- tenced to a reprimand is not, in case of sickness, entitled to benefits, until he appears in his Lodge for the purpose of re- ceiving his reprimand. — 1893 Journal, 432, 434. 530. By-Law requiring sick brother to report to Visiting Committee once a week. Where a brother claiming sick ben- efits is under the care of the Visiting Committee and yet able to be upon the street, he must report in person once a week to such committee if the By-Laws of his Lodge so pro- vide, otherwise the Lodge may refuse to grant benefits. The affirmative or burden of proof is always upon the brother 192 Benefits. claiming benefits, to show that he has complied with the re- quirements of the law under which the claim is made. — McNeely vs. Oakland Lod^e, 1887 Jojirnal, 899, 904. 531. When brother able to collect debts, settle accounts, etc. A member of the Lodg:e who, though sick and disabled. is yet able to go out and collect debts, settle accounts and make contracts, is not entitled to benefits as a matter of right or legal claim, but the matter is entirely within the control of a vote of the Lodge.— 1857 Journal, 270, 274. 532. When brother can earn a living. The fact that the brother is disabled by sickness from following his usual vocation is not sufficient to entitle him to benefits, if he can earn a living in another pursuit or business. If he can do so, it is his duty to engage in that other occupation, and not to be a charge upon his Lodge. Each case must be de- termined by its own peculiar surroundings. The mere fact that the brother can hitch up his team and drive it to town would not, of itself, prove his ability to earn his living by other means than farming. — 1889 Journal, 29, 122, 163. 533. Declining to receive benefits or accepting less amount than is due. A brother entitled to benefits is en- titled to the full amount of such benefits provided in the By-Laws, and after sick benefits have accrued a brother may, in the absence of local legislation, decline to receive said benefits, or decline to receive the full amount, and may agree to accept, and accept a less amount, and in such case he is debarred from further right to demand said benefits. — 1898 Journal, 256, 14, 278 ; 1880 S. G. L. Journal, 8343, 8461. 534. Effect of a brother reporting himself out of care. A brother reporting himself out of care, or authorizing the proper officer to do so, thereby abandons any further claim to benefits for that sickness, and if afterwards it is claimed that undue influence was used to induce him to thus declare himself out of care, that influence must not be presumed, but must clearly appear by competent testimony. A mem- ber cannot sleep for years, upon a demand he may claim to Benefits. 193 have against his Lodge, and then revive the claim thus long abandoned or ignored by himself — 1862 Journal, 270, 271. 535. Brother able to earn a livelihood while sick. A brother suffering from a chronic disease, or afflicted with a partial loss of sight, or deprived of the use of an arm, and yet able to superintend a business so as to earn a livelihood, is not entitled to benefits. — Simonton vs. Morning Star Lodge, 1877 Journal, 657, 666. 536. A brother who has a sore hand, etc. A member who has a sore hand, but who is able to and does keep his books, superintend his business and make sales, is not legally en- titled to benefits.— 1889 Journal, 32, 122, 163. 537. Brother able to superintend business, etc. A brother who has boils on his arm which prevent him from following his occupation of blacksmith and carriage maker, and yet superintends his business and is able to make contracts, col- lect debts, etc., is not entitled to benefits. — 1882 Journal, 740, 844, 879. 538. A brother with a chronic disease. A brother in good standing, disabled from following his usual occupation of hard manual labor, but having sufficient means to invest in a business which earns him a livelihood, and being able to visit his place of business daily, the brother being a chronic, is not entitled to receive sick benefits from his Lodge, whether he is under a physician's treatment or not. — 1855 S. G. L. Journal, 2471, 2503; 1857 Journal, 270; 1886 Jour- nal, 610, 635, 648. 539. Renunciation of the Order. An Odd Fellow who re- nounces the Order, thereby forfeits all benefits to which by law he may be entitled, from the time of such renunciation. —1881 Journal, 501, 601, 627; 1875 S. G. L. Journal, 6596, 6612, 6689. 540. Infirmity from old age. A brother who has become infirm from old age, and who has thereby been rendered in- capable of following his usual occupation, is not as a matter 13 194 Benefits. of right entitled to benefits, but is the subject of such dona- tions or relief as his necessities may require. It is a question left to the Subordinate Lodges to regulate for themselves. The words, **or otherwise from earning a livelihood," refer to labor or business, otJicr than the usual occupation of the brother and not to his physical condition. The framers of the Constitution intended that brothers should reasonably be required to assist themselves. If not able to pursue their usual occupation, it being such as requires much strength and both hands, they should, if able, employ themselves in some lighter work or occupation. — 1883 Journal, 1131, 1132, 1174; Freer 's Appeal, 1883 S. G. L. Journal, 9281, 9427. 541. Brother must not delay making his claim. Where the By-Laws provide that ' * benefits shall not commence more than one week previous to the time of a brother's being re- ported to the Lodge, unless the sickness or disability be of such a character as to render it impossible for him to notify the Lodge, in which case the benefits shall accrue from the date of disability," a brother is not at liberty to delay the matter for months or years and then make a claim for ben- efits for such long period, unless the nature of his sickness or disability is such as to make it impossible for him to notify his Lodge. — Dodge vs. Capitol Lodge, 1887 Journal, 856, 866. 542. Holder of Withdrawal Card. The holder of a With- drawal Card is not entitled to benefits, even in case of acci- dent, on the day after accepting it. — 1880 Journal, 258, 359, 375. Note. — A Withdrawal Card card be actually taken or not — voted a brother severs his connec- (1845-1846-1847-1851 S. G. L. tion with the Lodge, and relieves Journal, 787, 916, 1080, 1101, the Lodge granting it from all 1734, 1797). liability for benefits, whether the 543. By-Laws take effect notwithstanding erroneous notice by the Secretary. The By-Laws of a Lodge provided that a brother was entitled to benefits who was not more than twenty-six weeks in arrears. Thereafter, the By-Laws were amended so as to read, ''that a member is not entitled Benefits. 195 to benefits who is more than thirteen weeks in arrears." This amendment was approved by the Committee on Laws of Subordinates on October 21st, 1895. The Secretary noti- fied the members that this amendment was not to be oper- ative until January 1st, 1896. No provision was made, how- ever, in said amendment, that it should not be in effect until January 1st, 1896. After said amendment had been ap- proved as aforesaid, a brother more than thirteen weeks in arrears for dues, and not twenty-six weeks in arrears, was taken sick. Relying on the notification sent him by the Secretary of the Lodge that said amendment was not to become operative until January 1st, 1896, he claimed he was entitled to benefits. The By-Law became operative as soon as approved by the Committee on Laws of Subordi- nates, even though the Secretary of the Lodge misinformed the brother as to when the By-Law should become operative. This brother knew that such an amendment had been made before he was taken sick, and he was bound by its pro- visions.— 1896 Journal, 413, 588, 629. 544. Liability of Lodge to pay benefits, limited. A Lodge is not necessarily liable to pay benefits to, or expenses in- curred on behalf of a sick brother, merely because he con- tinues to hold membership in the Lodge. — 1869 Journal, 121 ; 1870 Journal, 302. 545. Effect of undecided charges. The effect of unde- cided charges, when they bear upon the right to benefits, is to suspend the payment thereof until a final decision. — 1858 Journal, 395, 371 ; 1859 Journal, 473 ; 1854 Journal, 17. 546. Inmate of Odd Fellows* Home. No brother who shall have been admitted to the Odd Fellows' Home as an indigent shall be entitled to sick benefits during the time he shall remain an inmate of the Home. — Constitution Subor- dinates, Art. IV, Sec. 4. (See Sections 2083 and 2084.) 547. Non-beneficial members. Brothers admitted as non- beneficial members are not entitled to any sick benefits. — 1895 Journal, 195, 196, 236 ; 1902 Journal, 899, 900, 917. 196 Benefits. 548. Suspension from membership. A brother suspended from membership in his Lodge is thereby cut off from all benefits, and in case of his death the Lodge incurs no new liability on account of his decease. — 1856 Journal, 189, 203 ; 1857 Journal, 249. 549. Placed in quarantine. A brother placed in quaran- tine by the government authorities on account of sickness of a contagious character in his family, he not being sick himself, is not entitled to benefits, under a By-Law giving benefits in case of sickness or accident. — 1881-1892 S. G. L. Journal, 8534, 8711, 8787, 13050, 13075. 550. Lodge suspended or charter arrested. When the charter of a Lodge is arrested or the Lodge suspended by the Grand Master during the interval between the annual sessions of the Grand Lodge and the Grand Lodge approves and sustains the suspension and yet restores the charter without prescribing any terms or conditions, a brother sick during the suspension is not entitled to benefits during the suspension. — 1899 Journal, 404, 657, 679. 4. WHEN DISCRETIONARY. 551. Non-compliance with By-Laws. It is within the province of a Lodge to pay sick benefits to its members, even if such members have not complied strictly with all the re- quirements of the By-Laws. — 1892 Journal, 13, 112, 127. 552. Failure to send an attested statement, etc. A By- Law requiring a member of the Lodge, in another county or State, to send at specified times, a statement of his sick- ness, attested by a Noble Grand, etc., and place himself un- der the care of a Lodge, is designed for the protection of the Lodge. Where a By-Law is made for the Lodge's pro- tection, and the liodge deems it expedient as a matter of charitable or fraternal justice to pay a brother sick benefits who would be entitled to them, except for non-compliance with such By-Law, it may in its discretion do so. — Mysell vs. Harmony Lodge, 1891 Journal, 669, 674. I Benefits. 197 553. Failure to send certificate or statement by physi- cian, consul or magistrate. Where the By-Laws require a brother to send to his Lodge a certificate or statement, etc., of his sickness, by physician, magistrate or consul, etc., and the absent brother does not comply with their provisions, a Lodge may refuse benefits, but it may, if it consider fraternal justice or charity to require it, grant benefits, notwithstand- ing the failure to comply. — Payne vs. Modoc Lodge, 1892 Journal, 71, 90; Parkinson vs. San Joaquin Lodge, 1892 Journal, 77, 91. 554. Failure to demand an Investigating Committee. Where there is no By-Law of the Lodge prohibiting it, the Lodge, if it deem it expedient, as a matter of charitable or fraternal justice, to pay a brother sick benefits who would be entitled to them except for a failure to demand a com- mittee to investigate his claim for benefits as provided un- der Article IV, Section 5, Constitution of Subordinates, may in its discretion do so. — Schofield vs. Yreka Lodge, 1893 Journal, 364, 378. 555. A By-Law giving discretion in certain cases. Where a section of the By-Laws of a Lodge declares that a brother thirteen weeks in arrears shall not be entitled to benefits, and further reads, "provided, this section shall not be con- strued to forbid the payment of benefits to a member en- titled to them, who, from residing at a distance or from some other cause, has been unable to comply with the require- ments of this section of the By-Laws." The payment of benefits to a brother who comes within the proviso rests en- tirely in the discretion of the Lodge. — Twitchell vs. Santa Ana Lodge, 1894 Journal, 689, 718. 556. Benefits discretionary under a certain By-Law. Under By-Laws of a Lodge which read: **No member who neglects to pay his dues for such length of time as by the laws of this Lodge shall disqualify him from receiving them, shall be entitled to receive them by reason of any payments he may make during his sickness or bodily infirmity. No member whose dues 198 Benefits. remain unpaid more than thirteen weeks shall be enti- tled to receive pecuniary benefits from this Lod^e." Although a sick brother unable thereby to earn a living may not be entitled to sick benefits on account of non-payment of dues, yet the Lodge may, notwithstanding such arrearage, pay the brother benefits. These By-Laws are not a prohibi- tion that the Lodge shall not pay in such cases. To pre- vent the Lodge from exercising such discretionary power, the By-Laws must prohibit the payment of the same. — 1898 Journal, 163, 164, 197. 557. A prohibitory By-Law. A By-Law of a Lodge which reads: ''Payment of benefits shall commence not over one week previous to the date of notification to a Lodge or Re- lief Committee, if in the power of the brother to cause such notice to be given," involves a prohibition, and the Lodge cannot lawfully pay benefits to a brother for more than one week previous to the notification mentioned therein. — 1898 Journal, 163, 164, 197. 5. INVESTIGATING COMMITTEE AS TO SICK BENEFITS. 558. On demand, in writing, Investigating Committee ap- pointed. If a Lodge refuses or neglects to grant sick ben- efits to a brother, he may, at any time, within four weeks thereafter, demand, in writing, that the Lodge appoint a committee to investigate the matter, whereupon the Lodge shall appoint a committee of five to hear the evidence and report the facts and their conclusions to the Lodge. — Con- stitution Subordinates, Art. IV, Sec. 5. 559. Must appoint such committee. If a demand is made for the appointment of a committee to investigate, as pro- vided under Sections 5 or 8 of Article IV of Constitution of Subordinates, the Lodge must appoint the same. — In the matter of Palmer, 1892 Journal, 109 ; Petersen vs. California Lodge, 1900 Journal, 139, 176. 560. Such committee is a matter of right. Where a brother who has been deuied benefits demands an Investi- Benefits. 199 gating Committee, under the Constitutional provision, the Lodge should immediately appoint the committee, as the appointment of such committee is a matter of right, not of favor, and cannot be denied any brother. It is not sufficient that the Lodge should delegate the Noble Grand, Vice-Grand and Treasurer of the Lodge to investigate the matter and report. — Kaempffmann vs. Yerba Buena Lodge, 1884 Jour- nal, 150, 166; McNeely vs. Oakland Lodge, 1888 Journal, 1132, 1155. 561. Where the Lodge refuses to pay benefits at a speci- fied rate, or in full. Section 5 of Article IV, Constitution of Subordinates, must be complied with. This law applies not only where the Lodge refuses to pay any benefits at all, but also where it refuses to pay them at a specified rate per week, or to pay them in full. It applies to all cases of re- fusal or neglect to pay benefits, whatever may be the reason or cause assigned. — Levy vs. Magnolia Lodge, 1893 Journal, 362, 378 : Trout vs. San Lorenzo Lodge, 1900 Journal, 140, 170. 562. By deciding a brother is not entitled to benefits a Lodge refuses. Under Section 5, Article IV, Constitution of Subordinates, the committee to investigate a claim for sick benefits must be demanded within four weeks after the Lodge refuses or neglects to grant the same. A Lodge, by deciding that a claimant is not entitled to benefits, thereby refuses to grant the same, and the committee must be de- manded within four weeks thereafter. — Matlock vs. Red Bluff Lodge, 1904 Journal, 518, 527. 563. This Investigating Committee, Visiting Committee and Special Committee. It is a matter within the Lodge's discretion whether it will or will not refer a question of benefits again to the Visiting Committee, or would or would not refer it to a Special Committee, but if a demand in writ- ing is made under Article IV, Section 5 of Constitution of Subordinates, a committee as therein provided must be ap- pointed.— Harding vs. Volcano Lodge, 1885 Journal, 376, 41. 564. The number of weeks or period to be investigated and benefits accruing or to accrue. Section 5, Article IV, 200 Benefits. Constitution of Subordinates, provides for the investigation of the right of a claimant for benefits for the period not ex- ceeding five weeks prior to the demand for such investiga- tion; that is, if the Lodge neglects to pay any particular week's benefits, the demand for such committee must be made within four weeks thereafter. If the demand should be made four weeks thereafter, and the brother claims to have been continuously sick, and entitled thereby to ben- efits, the investigation would cover the particular week, and the four intervening weeks — that is, the period of five weeks immediately preceding the demand. It does not authorize the investigation of a claimant's right to benefits accruing, or to accrue, after the date of such demand. — Briggs vs. Lodi Lodge, and Holbrook vs. San Lorenzo Lodge, 1897 Journal, 963, 977, 987, 993 ; Robinson vs. Templar Lodge, 1889 Jour- nal, 133, 160; Sims vs. Grass Valley Lodge, 1890 Journal, 420, 434; Breyer vs. San Jose Lodge, 1888 Journal, 1087, 1096; Holbrook vs. San Lorenzo Lodge, 1899 Journal, 621, 622, 623, 673 ; Reininghaus vs. Merced Lodge, 1901 Journal, 534, 543. 565. To investigate as to certain weeks. As to those weeks that the demand is made within time, such a committee should investigate as provided in Section 5, Article IV, Con- stitution of Subordinates. — Freund vs. Sonora Lodge, 1890 Journal, 382, 388. 566. Committee must be demanded within time. As to any particular week's benefits that a Lodge neglects or re- fuses to pay, a brother must demand in writing the appoint- ment of an Investigating Committee within four weeks thereafter, or his right to such a committee is lost, and he cannot enforce his right to benefits for those weeks. The object of Article IV, Section 5 of the Constitution of Sub- ordinates, is to require brothers who desire to enforce their rights or alleged rights to benefits, to make the demand within a certain time, that is, four weeks, so that these mat- ters may be speedily disposed of. If the demand is not thus made the claim is barred. — Dodge vs. Capitol Lodge, 1887 Journal, 856, 866; Levy vs. Golden Gate Lodge, Breyer vs. Benefits. 201 San Jose Lodge, and Dodge vs. Capitol Lodge, 1888 Journal, 1087, 1096. 1153; Kobinson vs. Templar Lodge, 1889 Jour- nal, 133; Sims vs. Grass Valley Lodge, 1890 Journal, 420, 434 ; Piatt vs. Capitol Lodge, 1890 Journal, 383 ; Freund vs. Sonora Lodge, 1890 Journal, 382; Wagner vs. Germania Lodge, 1892 Journal, 73, 91; Briggs vs. Lodi Lodge, 1897 Journal, 963, 977 ; Bigelow vs. Marion Lodge, 1898 Journal, 194, 215 ; Reininghaus vs. Merced Lodge, 1901 Journal, 534, 543 ; Sutherland vs. Magnolia Lodge, 1900 Journal, 148, 177. 567. When committee must be demanded. Sick benefits accrue and become payable weekly. A brother who intends to enforce his claim for sick benefits should cause himself to be reported sick to the Lodge, and if the Lodge does not pay the brother any particular week's benefits, the demand must be made for this committee within four weeks there- after. A formal or express refusal or neglect is not neces- sary, and if it take place it does not extend the time within which the demand is required to be made. The action or non-action of the Lodge or of the brother does not change the constitutional period within which the demand must be made. A brother might not cause himself to be reported, or he might not be reported as sick to the Lodge, or he might be reported sick to the Lodge, and the Visiting Com- mittee might not report on his case, or might report favor- ably or unfavorably as to the benefits he claims, or the Lodge might take or not take any action in regard thereto, yet if the Lodge, at the first regular meeting thereof, when any particular week's benefits is due and payable, does not in fact grant the brother benefits for that particular week, the committee as to that particular week's benefits must be de- manded within four weeks thereafter. The object of this section is to have this investigation, provided for by the Con- stitution of Subordinates, take place while the witnesses can be readily obtained and the facts readily and easily ascer- tained. If there is to be a contest in the Lodge the brother must be vigilant and prompt in asserting his rights. — Briggs vs. Lodi Lodge, 1897 Journal, 963, 977. 568. Lodge's right. The fact that the Lodge appoints such an Investigating Committee under said Constitutional 202 Benefits. provision upon such demand, or the committee hears testi- mony or evidence, does not estop the Lodge from availing itself of its rights that the demand must be made within four weeks. It may avail itself thereof &t any time before it finally adjudicates in such an investigation that the brother is entitled to a certain amount of benefits. — Briggs vs. Lodi Lodge, 1897 Journal, 963, 977; Bigelow vs. Marion Lodge, 1898 Journal, 194, 215. 569. Question whether demand made within time. Where a brother makes demand upon his Lodge for the appointment of an Investigating Committee under the provisions of Sec- tion 5, Article IV, Constitution of Subordinates, the Lodge must forthwith appoint the committee. The question as to whether the demand was made within the required time or not can only be determined upon an investigation by the committee appointed. — 1898 Journal, 13, 256, 278. 570. Prior investigation, or appeal, or prior judgment, or continuous sickness. The fact of the pendency of a prior investigation of the same character, or the pendency of an appeal in such a prior investigation, or the fact that there had been a prior final judgment favorable or unfavorable to the brother on appeal or without appeal, would not alter or suspend this Constitutional provision, or extend the time within which a demand must be made as to any particular week's benefits that a Lodge neglects or refuses to pay, for a brother must demand in writing the appointment of an Investigating Committee within four weeks thereafter, or his right to such a committee is lost, and he cannot enforce his right to benefits for those weeks. This law is applicable to all sickness, whether it is claimed to be continuous or not. — Holbrook vs. San Lorenzo Lodge, 1897 Journal, 987, 993 ; Holbrook vs. San Lorenzo Lodge, 1899 Journal, 26. 571. The same. Section 131, of White's New Digest, of 1895, which reads: ''When a member appeals from a refusal to pay benefits and his appeal is sustained, he is not bound to make demand for the further benefits accruing pending his appeal until the determination of the proceedings on ap- Benefits. 203 peal (1875 Journal, 6607, 6687)," is an error. The Sover- eign Grand Lodge has declared that White 's Digest is a mere compilation, and so that what is or is not law does not de- pend on that Digest, but on the enactments and decisions of the Sovereign Grand Lodge. (1873 Sovereign Grand Lodge Journal, 5931, 5952.) This Section 131 is a mistake. The Sovereign Grand Lodge has not so decided. The cita- tion, 1875 (Sovereign Grand Lodge) Journal, 6607, 6687, re- fers to a decision where a brother was charged with matters bearing on the right to benefits and was suspended and rein- stated by the Grand Lodge, on appeal, and it was decided he w^as not required to demand benefits until reinstated. It also does not appear that there was any local law regulating the matter. It is competent for a Grand Lodge of a State (See 1898 S. G. L. Journal, 16069, 16070, 16116) to deter- mine any question relating to the matter of sick benefits without interference from the Sovereign Grand Lodge. — Holbrook vs. San Lorenzo Lodge, 1899 Journal, 621, 622, 623, 673. 572. Section 5, Article IV, Constitution of Subordinates. The Supreme Court of the State of California, in Eobinson vs. Templar Lodge, No. 17 (117 Cal. Rep., 376, 370), held that said Section 5, requiring a demand for such committee to be made every five weeks, was valid and reasonable when ap- plied to cases of chronic illness, and held that "the Order can control their procedure in such respects" (page 376). — Holbrook vs. San Lorenzo Lodge, 1899 Journal, 621, 622, 623, 673. 573. Prior judgment as evidence. In such investigations, if it should become material, relevant or pertinent to con- sider whether a brother had been at a prior period of time able or not to earn a livelihood, a final judgment in a former investigation, whether favorable or unfavorable to the brother, might be introduced in evidence to prove the prior ability or disability to earn a livelihood. — Holbrook vs. San Lorenzo Lodge, 1897 Journal, 987, 993. 574. Evidence as to sickness from its beginning — Prior judgments. Where a committee is appointed under Section 204 Bkxefits. 5, Article IV, Constitution of Subordinates, to investigate a brother's claim for sick benefits for the period of five weeks immediately preceding the 8th day of June, 1896, the brother has the right to introduce evidence as to the time when his sickness originated and as to its continuance and as to his disability to earn a livelihood from its beginning to and including the period of said five weeks involved in the investigation, and to offer in evidence prior judgments of the Grand Lodge in prior benefit investigations by the Lodge as to hira to prove his disability during the periods involved in those prior investigations, or appeals. — Ilolbrook vs. San Lorenzo Lodge, 1898 Journal, 174, 203. 575. The committee — By whom appointed. The Noble Grand shall appoint three members of such committee and the Vice-Grand shall appoint two members. — Constitution Subordinates, Art. IV, Sec. 5. 576. Who may be members of the committee. The law does not require that the Investigating Committee shall be composed of Past Grands, nor of any particular persons. — Robinson vs. Templar Lodge, 1884 Journal, 137, 154. 577. The same— The Vice-Grand. The Vice-Grand is dis- qualified to act as one of the Investigating Committee. — 1895 Journal, 199, 213, 214. 578. Minutes of committee's appointment. The proceed- ings should show by whom such committee was appointed. — 1895 Journal, 199, 213, 214. 579. Objections to the committee and disposition thereof. Objections to the appointment, or to any of the committee, must, if the claimant is present in the Lodge when the com- mittee is appointed, be made then, unless the brother re- quests a continuance, which shall be granted for at least one week, and each member of the committee may be examined as to their qualifications to act thereon, and if the claimant is not present when the committee is appointed, he must make his examination of, and his objections to, the com- mittee before it proceeds to receive the testimony or evi- Bknefits. 205 dence. Such objections, when made to the committee, as herein provided, shall be forthwith referred and reported to the Lodge for its action thereon. — Constitution Subordi- nates, Art. IV, Sec. 5. 580. Report referred back to committee — Objection to committee. Section 5, Article IV, Constitution of Subordi- nates, provides that objections to the committee must be made before the committee "proceeds to receive the testi- mony or evidence. ' ' This applies to the first taking of testi- mony by the committee. When a committee takes the testi- mony of a witness and then submits its report to the Lodge, and the Lodge refers the report back to the same committee, as it is ejfpressly authorized to do by said Section 5, then objections cannot be made to the committee or members thereof serving as such. It is too late to raise the same. — Cunning vs. Mound Lodge, 1899 Journal, 547, 548, 612. 581. Challenging committee and exceptions. The com- mittee should be composed of fair and impartial persons. Its members may be challenged for cause, but if challenge be disallowed, an exception must be entered in due time. — Robinson vs. Templar Lodge, 1884 Journal, 138, 154. 582. The full committee must act. The committee shall be composed of the full number required by the Constitution, and all must be present to see and hear all the witnesses and testimony. They all must act and try the matter, and this cannot be waived by consent. It is designed that the investi- gation should be after notice or summons, and upon testi- mony upon oath or obligation, and with full right of cross- examination, and that the committee should report to the Lodge their conclusions with the testimony, etc., so that the matter should be fairly and impartially investigated, and the Lodge and the brother have the benefit of the con- scientious actions and conclusions of the five members of the committee. It requires at least three members to make the report. If three only acted, in case of difference of opinion, a report of the committee could not be obtained. Less than a full committee, of course, may adjourn from time 206 Benefits. to time.— 1887 Journal, 767, 891, 904; Wilson vs. Templar Lodge, 1887 Journal, 892, 904; Hardman vs. Yerba Buena Lodge, 1893 Journal, 350, 351, 363; Jansen vs. Samaritan Lodge, 1898 Journal, 174, 203. 583. Proceedings in case of death, absence or inability of a member to act. If after the committee has taken part of the testimony, three members of the committee should die, the Lodge shall appoint a new committee, and the investiga- tion commence, and proceed anew. If one or two should die, or a positive disability should prevent a member from act- ing, the Lodge may, with consent of the claimant, permit the others to continue and complete the investigation, or may appoint a new committee and commence anew. If one of the committee leaves or removes from the county where the Lodge is located, and resides elsewhere, so that he can- not attend the meetings of the committee, or cannot attend without too much trouble, delay and expense, the Lodge may, with the consent of the claimant, permit the others to proceed. The law cannot be set aside by consent, but yields only to a necessity. While it is true that these investigations are not trials upon charges for offenses against Odd Fel- lowship, yet they are of the greatest importance to the Lodge and the brother, and a full committee should act, unless in case of some over-riding necessity. — 1887 Journal, 767, 890, 904 ; Wilson vs. Templar Lodge, 1887 Journal, 892, 904. 584. Proxy not allowed. Under no circumstances shall an absent member of the committee vote and act by proxy. —Wilson vs. Templar Lodge, 1887 Journal, 892, 904. 585. Laws that govern the committee. The committee shall be governed by the laws applicable to Trial Com- mittees upon charges. — Constitution Subordinates, Art. IV, Sec. 5. 586. Counsel for the Lodge. A Lodge has a right to authorize the committee appointed under Section 5, Article IV, Constitution of Subordinates, to investigate a brother's claim for benefits, to engage a brother to act as attorney for Benefits. 207 the Lodge in the matter. — Alexander vs. Eureka Lodge, 1891 Journal, 689, 716. 587. Full minutes must be kept and reported to the Lodge. The committee shall keep full minutes of the evidence and of their proceedings, and report the same to the Lodge with their conclusion. — Constitution Subordinates, Art. IV, Sec. 5 ; Heinze vs. Charity Lodge, and McCleery vs. Sacramento Lodge, 1887 Journal, 870, 887, 888; Jansen vs. Samaritan Lodge, 1898 Journal, 174, 203. 588. What must be taken down. The committee must take down all the testimony and all the proceedings, and all ob- jections and exceptions should be entered.--Heinze vs. Char- ity Lodge, and McCleery vs. Sacramento Lodge, 1887 Jour- nal, 870, 887, 880; Jansen vs. Samaritan Lodge, 1898 Jour- nal, 174, 203. 589. Notice as to time and place of meeting of committee. Such committee shall, without unnecessary delay, notify the brother of the time and place of their meeting, and investi- gate the case. — Constitution Subordinates, Art. IV, Sec. 5; Heinze vs. Charity Lodge, 1887 Journal, 870, 887 ; McCleery vs. Sacramento Lodge, 1887 Journal, 870, 887. 590. Notice of subsequent meetings of committee. After the committee have obtained jurisdiction over the brother and the subject matter, it is the brother's duty to ascertain for himself, either by attention to the proceedings or by in- quiry, as to the time and place of the subsequent meetings of the committee. It is not necessary that the committee should notify the brother of each meeting. — Winfry vs. Cal- ifornia Lodge, 1880 Journal, 320, 351. (See Sections 3023 and 3024.) 591. Witness must be obligated or sworn. If a witness be a member of the Order he shall be obligated and give his testimony on the honor of an Odd Fellow. If he be not a member, then on oath or aflfirmation, and the proceedings must state that such oath, aflfirmation or obligation was ad- ministered. The obligation, oath or aflfirmation may be ad- 208 Benefii-s. ministered by any member of the committee. — Constitution Subordinates, Art. IV, Sec. 5 ; Heinze vs. Charity Lodge, and McCleery vs. Sacramento Lodge, 1887 Journal, 870, 887, 880. 592. On the honor of an Odd Fellow. Witnesses who are members of the Order are to be obligated on the honor of an Odd Fellow, and not sworn. — Cunning vs. Mound Lodge, 1899 Journal, 547, 548, 612. 593. Physicians and evidence. In these investigations, under Section 5, Article IV, Constitution of Subordinates, all the witnesses must appear before the committee and be obligated or sworn. Doctors must be obligated or sworn and give their testimony before the committee the same as other witnesses. All evidence for the Lodge or for the claimant must be taken before the committee. It is error for the Lodge to receive, consider and act upon information from doctors not taken before the committee while such an investigation is pending. — Lagrave vs. Franco-American Lodge, 1897 Journal, 961, 977. 594. By whom oaths may be administered. Any member of the committee may administer the oath to a witness who is not a member of the Order. The member who admin- isters the oath in such investigations in our Order is not required by the laws of the Order to be a public officer or one authorized by the laws of the State to administer oaths. — Sims vs. Grass Valley Lodge, 1890 Journal, 421, 434. 595. Testimony must be taken down and signed by the witnesses. Each witness at the conclusion of his testimony, or, if the committee adjourn before its conclusion, then at each adjournment, shall have his testimony as taken down by the committee read over to him, and, after making such corrections thereof as he may desire, shall then sign each page of said testimony. The fact that his testimony has not been concluded shall, in case of adjournment, be noted in the minutes. — Constitution Subordinates, Art. 4, Sec. 5. 596. When the testimony may be taken down by a .stenographer. In lieu of the taking down of the testimony I Benefits. 209 by the committee and the signing of the same as herein pro- vided, the same may, by consent, duly signed, be taken down by a shorthand reporter, and, as soon as possible there- after, written out by him in long hand, and duly certified by him to be correct, but any witness may, if he desire, correct his testimony after it is so written out, and in such case of correction shall sign the same. The Lodge shall not be liable for the expenses of the stenographer, or any parly thereof, except it shall have authorized the employment of said stenographer by vote, at a regular meeting prior to his em- ployment. — Constitution Subordinates, Art. IV, Sec. 5. 597. Testimony taken by questions and answers. The testimony of witnesses should be taken by questions and answers. It is not proper to swear or obligate a witness and then without any question permit him to make a statement. — Heinze vs. Sacramento Lodge, 1887 Journal, 870, 887; Cunning vs. Mound Lodge, 1899 Journal, 547, 548, 612. 598. Power to summon witnesses. A committee appointed under Section 5, Article IV, of Constitution of Subordinates, to investigate a brother's rights to benefits has the same power to summon witnesses as in the case of regular charges against a brother.— 1880 Journal, 361, 370. 599. Right of cross-examination. No testimony shall be taken without notice, or opportunity for cross-examination by the opposing party. — Constitution Subordinates, Art. IV, Sec. 5. 600. Hearsay and ex-parte statements and evidence. Hearsay and ex-parte statements must not be received, but the witness must personally appear and testify, or his depo- sition must be taken as provided by the laws of the Order. — Constitution Subordinates, Art. IV, Sec. 5. 601. Physician's certificate not admissible. The mere certificate or written statement of a physician is not com- petent evidence in any case. If the opinion of a physician is in any case required for the purposes of evidence, he should be required to testify as other witnesses are. He should be 14 210 Benefits. obligated or sworn, and the adverse party should have the privilege of examining him, if necessary, to test his qualifi- cations as an expert, and also to cross-examine him as to his testimony in chief. — Kaempffmann vs. Yerba Buena Lodge, 1884 Journal, 150, 166; Wilson vs. Templar Lodge, McNeely vs. Oakland Lodge, and Heinze vs. Charity Lodge, 1887 Journal 870, 887, 893, 899, 904; Robinson vs. Templar Lodge, 1888 Journal, 1142, 1162; Perkins vs. Nietos Lodge, 1897 Journal, 1025, 1053. 602. Opinions of persons not physicians. Witnesses who are not doctors may, upon their own personal observation and knowledge, testify or give their opinion that a brother was or was not sick, or could or could not stand or walk, or per- form labor or pursue a business, or follow an occupation or earn a livelihood. Of course, on direct or cross-examination all the circumstances known to the witness may be proven or inquired into. The opinions of such witnesses, like the opinion of a physician, is to receive such weight as under all the circumstances and evidence it may justly and fairly be entitled to. — McCleery vs. Sacramento Lodge, 1887 Jour- nal, 870, 887. 603. The claimant's health, sickness or condition prior or subsequent to period in dispute. Where a brother is be- fore an Investigating Committee claiming benefits for a cer- tain period, the committee, for the purpose of allowing the brother to show that he was sick during said period, should allow him to introduce evidence as to his sickness, physical condition and disability to earn a livelihood prior and sub- sequent to said period. — Dodge vs. Capitol Lodge, 1888 Jour- nal, 1153, 1164. 604. What Investigating Committee may inquire into. The fact that a Visiting Committee or a brother reports a cause or reason for not declaring a brother entitled to bene- fits, or the Lodge assigns a reason or cause for refusing ben- efits, does not limit the investigation to that cause or rea- son. If the brother for any reason be not entitled to benefits, the committee should so report. — Sims vs. Grass Valley Lodge, 1890 Journal, 421, 434. Benefits. 211 605. Burden of proof is on claimant. The claimant in these investigations has the affirmative of the issue. The burden is on him to prove that he is sick and in consequence of the sickness is unable to earn a livelihood, or that he is so disabled thereby as to be entitled to benefits. — Alexander vs. Eureka Lodge, 1891 Journal, 689, 716; Woods vs.- Cali- fornia Lodge, 1896 Journal, 613, 617; Clecak vs. Porter Lodge, 1899 Journal, 602, 625, 626 ; 1898 Journal, 170, 203 ; Constitution Subordinates, Art. IV, Sec. 5. 606. When claimant abandons his case. The affirmative of the issue is upon the brother who demands the committee, and he must furnish the testimony to maintain said affirm- ative. Should he refuse to do so, it is practically an aban- donment of his case, and the committee is not bound to in- vestigate further. — ^Robinson vs. Templar Lodge, 1884 Jour- nal, 137, 154. 607. Pecuniary inducements to feign sickness. In an investigation involving the bona fides of a brother's claim of sickness, it is perfectly competent and proper to inquire how long and under what circumstances the brother has been sick, and what, if any, pecuniary inducements he may have had to feign sickness. Clendennin vs. Humboldt Lodge, 1889 Journal, 117, 148. 608. Reports of Visiting Committee not evidence before Investigating Committee. The reports of the Visiting Com- mittee to the Lodge that a brother is well or is not entitled to benefits because he is attending to business, or is in ar- rears, or any other reports to the Lodge, are not before the Investigating Committee evidence against the claimant or for him as to his sickness or health or ability or inability to earn a livelihood or his standing in the Lodge. All these matters depend upon the evidence given by witnesses who may be examined and cross-examined and who testify about matters within their own personal knowledge. — Sims vs. Grass Valley Lodge, 1890 Journal, 420. 609. Claimant no right to vote on certain questions. Where the majority of a Committee of Investigation ap- 212 Benefits. pointed under Section 5, Article IV, Constitution of Subordi- nates, reports that the claimant is not entitled to benefits, and the claimant files a bill of exceptions to the effect that the majority report is not sustained by the evidence, on a question to adopt the bill of exceptions or on a question to adopt" the majority report, the claimant has a direct, per- sonal and pecuniary interest in the questions, a direct and distinct interest which separately belongs to him and there- fore has no right to vote thereon. — Van Every vs. Sonoma Lodge, 1891 Journal, 661, 674. 610. When vote of disqualified brothers do not affect the result. Where two disqualified brothers voted in opposition to each other on a question to adopt a report, those votes do not aft'ect the result or the validity of the result. — Van Every vs. Sonoma Lodge, 1891 Journal, 661, 674. 611. Agreement as to facts when and by whom per- missible. A Committee of Investigation has no right to en- ter into any agreement as to facts. They should hear the evidence and reduce it to writing, as required by the Con- stitution. When the Lodge is represented by an attorney in these investigations the attorney may enter into such an agreement with the claimant. — Breyer vs. San Jose Lodge, 1888 Journal, 1087, 1096. 612. Notice of report — Two weeks to file exceptions. Upon report being made by the committee to the Lodge, notice thereof shall be given by the Secretary to the claim- ant, and he shall have two weeks after service of such notice in which to file his exceptions thereto. The Secretary shall file a written certificate or proof of such service. — Consti- tution Subordinates, Art. IV, Sec. 5. 613. Lodge cannot legally act on report on night of its receipt. A Lodge cannot legally act upon the report of the Investigating Committee, under Section 5, Article IV, of Constitution of Subordinates, on the evening that the same is presented. The claimant must be notified of the report and given two weeks after service of the notice within which to file his exceptions. — Stafford vs. Rocklin Lodge, Benefits. 213 and Perkins vs. Nietos Lodge, 1896 Journal, 528, 558, 574, 617; Hardman vs. Yerba Buena Lodge, 1893 Journal, 350, 351, 363 ; Young vs. Sonoma Lodge, 1902 Journal, 886, 892 ; Jansen vs. Samaritan Lodge, 1898 Journal, 174, 203. 614. The same — The Lodge's action reversed. When the committee's report is received by the Lodge, notice thereof should forthwith be given by the Secretary to the party against whom the verdict is rendered, and he should have two weeks after notice within which to file his exceptions, and the Lodge should then proceed to pronounce its judg- ment. Where the report was acted upon the night of its receipt, the Lodge's action was reversed. — Freund vs. So- nora Lodge, 1890 Journal, 382, 388. 615. Report of committee. The report of the committee should be in writing, and should not be acted upon at the meeting at which it is presented, but its consideration should be fixed for some future meeting. Written notice should be given of the filing of the report to the claimant, and he should have two weeks thereafter within which to file with the Lodge a bill of exceptions. — Lagrave vs. Franco-Amer- ican Lodge, 1897 Journal, 962, 977. 616. Majority and minority reports — Notice — Action thereon. When a committee appointed to investigate a claim for sick benefits submits majority and minority re- ports, the Lodge cannot act on the reports of the committee without first giving the claimant notice thereof, and allow- ing him two weeks after the service of the notice in which to file a bill of exceptions to the reports, as authorized and required by Section 5 of Article IV, Constitution of Subor- dinates. — ^Atkinson vs. Morse Lodge, 1904 Journal, 522, 527, 528. 617. Duty and report of Investigating Committee. It is the duty of a committee appointed under Section 5, Article IV, Constitution of Subordinates, by its investigation to ascertain if the claimant is or is not entitled to sick benefits, and, if entitled to benefits, to find and report to the Lodge the number of weeks' sick benefits under his demand to 214 Benefits. which he is entitled. — Whitson vs. Selma Lodge, 1905 Jour- nal, 921, 936. 618. Report — Sick list. A repo^rt of an Investigating Committee that the claimant is entitled to be placed on tht sick list is not such a report as is contemplated by Section 5, Article IV, Constitution of Subordinates, which regulates demands or claims for benefits and their investigation. If such a report is made it is proper for a Lodge to refer the report back to the committee with instructions to submit a proper report. — Whitson vs. Selma Lodge, 1905 Journal, 921, 936. 619. To "accept" a report — Judgment. A motion to ''accept" a report is a motion to receive the report, and is not a motion to sustain or adopt the report. The Lodge must pronounce a judgment on the claim for benefits. — Whitson vs. Selma Lodge, 1905 Journal, 921, 936. 620. Lodge should observe the law. The Lodge should in all matters observe all the requirements of Section 5, Article IV, Constitution of Subordinates. — Whitson vs. Selma Lodge, 1905 Journal, 921, 936. 621. Majority and minority reports — A new committee. When an Investigating Committee as to sick benefits, ap- pointed under Section 5, Article IV, Constitution of Subor- dinates, after hearing the evidence, submits to the Lodge a majority report that the claimant is entitled to seven weeks' benefits, and a minority report that the claimant is entitled to nineteen weeks' benefits, the appointment of a new com- mittee of investigation by the Lodge of its own motion mere- ly to study or consider the testimony already taken and re- duced to writing by the first committee and report its opinion thereon to the Lodge, is without warrant of law. — Atkinson vs. Morse Lodge, 1905 Journal, 900, 901, 911. 622. Objects of bill of exceptions — ^Neglect to file. As to the bill of exceptions, Section 5, Article IV, Consti- tution of Subordinates, is like Section 4, Article VIII, of the same Constitution. The object of the provisions of this Benefits. 215 section, relative to exceptions, is to enable the Lodge to pass upon the errors or objections in the proceedings so that the Lodge may make a just and proper disposition of the case. In order that the Lodge may do this, it is the duty of the brother to call the attention of the Lodge to them, and to point them out in his written exceptions in his bill of exceptions. A neglect to do this is a waiver of objections and an acquiescence in the report of the committee. — Hayes vs. El Dorado Lodge, 1890 Journal, 385, 414. 623. Failure to file bill of exceptions. If a brother, by waiving all formalities, do not have the testimony and evidence in the record upon which the committee acts, he must be considered as acquiescing in the committee's action. The failure to file a bill of exceptions is an acquiescence in the report of the committee. — Breyer vs. San Jose Lodge, 1888 Journal, 1087, 1096; Smith vs. Stoney Creek Lodge, 1887 Journal, 837, 838. 624. The same. No bill of exceptions having been filed, as provided in the Constitution of Subordinates, the ob- jections made prior to the time within which the bill of ex- ceptions may be filed are waived. — Hayes vs. El Dorado Lodge, 1890 Journal, 385, 414. 625. Action upon bill of exceptions — Judgment of Lodge. If a bill of exceptions to the report of the committee be filed, as above provided, the Lodge may determine upon its merits, and either change, modify or sustain the report of the committee; or refer it back to the same or another com- mittee, or order a new investigation. If the Lodge shall deem the exceptions not well taken, or if no exceptions have been filed within two weeks, as above provided, it shall pro- nounce its judgment and decision. — Constitution Subordi- nates, Art. IV, See. 5. 626. Judgment must be pronounced. The Lodge must pronounce judgment whether exceptions are filed or not. In pronouncing judgment the Lodge can adopt the report of the committee, or modify it, or refer it back to the same or another committee, or grant a new investigation. It may 216 Benefits. find that the brother is or is not entitled to benefits, or give such judgment as it deems the evidence justifies and re- quires. — Bassett vs. Elmira Lodg:e, 1886 Journal, 607, 608; Newington vs. Silver Star Lodge, 1886 Journal, 638, 648; 1869 Journal, 112, 113, 117. 627. Action on report necessary. Until the Lodge has taken action on the report of the Investigating Committee there is no judgment. — 1869 Journal, 112, 113, 117 ; Bassett vs. Elmira Lodge, 1886 Journal, 607, 608 ; Newington vs. Sil- ver Star Lodge, 1886 Journal, 638, 648. 628. No bill of exceptions after report adopted or acted upon by the Lodge. Our law, Section 5, Article IV, Consti- tution of Subordinates, does not provide for, nor authorize the filing or presenting a bill of exceptions to the report of the committee after the report has been adopted or acted upon by the Lodge. A Lodge, therefore, should not con- sider a bill of exceptions so presented or filed. — Holbrook vs. San Lorenzo Lodge, 1896 Journal, 521, 557. 629. Motion to adopt report lost, and reconsideration. A motion to adopt the report of the Investigating Com- mittee, that a brother is not entitled to benefits, under Sec- tion 5, Article IV, of Constitution of Subordinates, having been lost, and the Lodge having closed without further action thereon, the vote by which it was lost or rejected can- not be reconsidered at a subsequent meeting. — Day vs. Wood- land Lodge, 1896 Journal, 576, 619. 630. Payment of benefits after investigation and judg- ment. A Lodge having appointed a committee, under Sec- tion 5, Article IV, of Constitution of Subordinates, and in- vestigated a brother's claim for benefits, and pronounced its judgment as required thereby, that the brother is en- titled to the benefits claimed, must pay the same. — Hol- brook vs. San Lorenzo Lodge, 1896 Journal, 521, 557. 631. Majority and minority reports. Where there are two reports of an Investigating Committee, a majority re- .port, that the brother is entitled to the benefits, and a Benefits. 217 minority report, that he is not, and the Lodge adopts the majority report, it must thereupon pay the benefits. — Sahl- berg vs. Santa Clara Lodge, 1888 Journal, 1120, 1152. 632. The committee shall make no recommendation. The committee appointed to investigate a brother's right to ben- efits has no right in its report to make a recommendation. The committee 's duty is to keep full minutes of the evidence and of the proceedings, and report the same to the Lodge with their conclusions, but without any recommendation. — 1885 Journal, 387, 401, 431. 633. Fraud as a defense to claim for benefits. If, at the time of a brother's admission to a Lodge, he were suffering from a disease which directly or indirectly caused the sick- ness on account of which his claim for benefits is based, and if he knowingly and fraudulently concealed that fact from the Lodge at the time of his admission, then his claim for benefits is a fraud upon the Lodge. The final claim is based upon and tainted with the original frautl, and the Lodge has a right to prove the fraud in all its phases, from its in- ception to its consummation. The Lodge is not estopped from asserting and proving the fraud by the lapse of time. A fraud never becomes ''stale and outlawed" so long as financial claims are being immediately and actively asserted and prosecuted upon the status secured by it. Nothing but a judgment based upon a full and fair trial upon that issue can estop a Lodge from proving such fraud as a defense to a pecuniary claim asserted against it. — Robinson vs. Temp- lar Lodge, 1888 Journal, 1142, 1162. (See Section 693.) 634. Grand Lodge will not interrupt investigation in Subordinate Lodge. Where there is a contention as to sick benefits, in course of examination in a Lodge, the Grand Lodge will not interrupt or interfere with the proceedings. There must be a final action upon the part of the Lodge and an appeal therefrom taken within legal time, before the Grand Lodge will act. — Nathan vs. California Lodge, 1881 Journal, 598, 625. 218 Benefits. 635. Procedure in case of death of member. If any mem- ber shall die before the time for making any demand or exercising any right under our laws has expired, his widow, or other relative or person pecuniarily interested in the mat- ter under our laws, may be substituted in the place of such deceased member within eight weeks after said death, and thereafter prosecute the matter to final determination in the Order. Such substitution shall be made by serving the Lodge with a written notice, stating the death and the date thereof, the facts showing the person to be such beneficiary, and that the person desires to prosecute the matter, and also, within the said eight weeks, make the demand on the Lodge or exercise the right by notice, in writing, to the Lodge. — Constitution Subordinates, Art. IV, Sec. 9. 636. Order and decorum before committee. The Investi- gating Committee appointed under Section 5, Article IV, Constitution of Subordinate Lodges, has full power to con- duct the investigation in a legal and orderly manner. — Nichols vs. Branciforte Lodge, 1899 Journal, 603, 604, 613. 637. Grand Master. As to powers and duties of Grand Master in those cases in benefit investigations when a Lodge is guilty of unnecessary delays, obstructions, etc., see Sec- tion 2174 of this Digest. 6. FUNERAL BENEFITS AND FUNERAL EXPENSES. 638. Funeral benefits. Besides providing for funeral expenses, the Lodge may provide in its By-Laws for a funeral benefit. — Constitution Subordinates, Art. IV, Sec. 3. 639. Funeral expenses. In case of the death of a member, irrespective of his standing relative to sick benefits, there shall be allowed from the Lodge a uniform sum of not less than thirty dollars to defray the expenses of the burial, to be paid by the Noble Grand on account of the funeral; provided^ the brother be buried by the Order, or at the expense of the family of the deceased. In the absence of competent relations, the Noble Grand shall take charge of the funeral and render an account of the disbursements. — Constitution Subordinates, Art. IV, Sec. 3. I Benefits. 219 640. Funeral expenses — Proviso. The proviso in Section 3, Article IV, Constitution of Subordinates, is valid and under such provision a Subordinate Lodge is not liable for funeral expenses unless the deceased member be buried by the Order or at the expense of the family. 1899 Journal 534 ; 1898 S. G. L. Journal 16069, 16071, 16116. 641. Funeral expenses — Local laws. Funeral expenses are regulated by local laws, and it is competent for the Grand Lodge of a State to determine any question relating thereto without interference from the Sovereign Grand Lodge. Grand Jurisdictions of the several States and other governmental divisions have the right to limit the extent to which Subordinates shall be liable in such cases. Holbrook vs. San Lorenzo Lodge, 1899 Journal, 621, 622, 623, 673 ; 1898 S. G. L. Journal, 16070, 16071, 16116. 642. Funeral benefits regulated. The funeral and sick benefits shall be regulated by the By-Laws of the Lodge, and all orders drawn for the above benefits shall' be by vote of the Lodge. — Constitution Subordinates, Art. IV, Sec. 4. 643. Distinction between funeral benefits and funeral expenses. The Constitution of Subordinate Lodges (Section 3, Article IV) draws a distinction between funeral expenses and funeral benefits, and authorizes Lodges to provide for a funeral benefit in addition to funeral expenses. — 1894 Journal, 609, 732, 771. 644. The same. The decisions of the Grand Lodge have uniformly recognized the distinction between * 'funeral ben- efits" and "funeral expenses." — Weston vs. Centennial Lodge, 1889 Journal, 126, 148. 645. Funeral benefits for wife. A Subordinate Lodge may provide by its By-Laws for funeral benefits for the wife of a brother if it desire so to do. — 1883 Journal, 1149, 1175 ; 1902 S. G. L. Journal, 530, 979, 1002. 646. A brother sentenced upon charges to reprimand. A brother found guilty upon charges and sentenced to repri- mand, is thereby suspended from all the privileges and bene- 220 Benefits. fits of membership until he appears before the Lodge for the purpose of receiving the reprimand, and if he die before so appearing, he is not entitled to fune/al benefits. — Matter of L. Katz, 1893 Journal, 433, 432. 647. Charges pending at death and funeral honors and benefits. If a brother shall die after charges have been pre- ferred against him, and while they are still pending in the Lodge, the Lodge must bury the deceased with funeral honors, and is liable for the payment of such benefits as may be provided in its By-Laws.— 1896 Journal, 408, 578, 619. 648. Death of widow and funeral benefits. A Lodge is not under any obligation to pay funeral benefits on the death of a widow of a brother, unless the By-Laws so pro- vide.— 1895 Journal, 196, 236. 649. When not entitled to funeral benefits. A brother is not entitled to funeral benefits who is not entitled to sick benefits.— 1893 Journal, 278, 384, 391, 421. 650. Bargain for relinquishment of funeral benefits prohibited. It is improper for any Lodge to bargain for the relinquishment of funeral benefits with the wife or other relatives of a brother before the brother's death, as said benefits have not then accrued. — 1892 Journal, 113, 120, 128. 651. Initiatory members and funeral benefits. Initiatory members, if entitled to sick benefits, are entitled to funeral benefits.— 1893 Journal, 278, 384, 391, 421. 652. Funeral benefit and Masonic burial. A brother, in accordance with his wishes, was buried by the Masonic Order, with Masonic funeral rites, in the I. 0. O. F. Ceme- tery, but the family paid all the expenses incurred, the family is entitled to the funeral benefit. — 1895 Journal, 39, 185, 235. 653. Lodge cannot deduct dues from funeral benefits. A Lodge cannot legally deduct the amount a brother owed the Lodge at the time of his death, for dues, from the funeral benefit due the deceased brother's widow or dependent rel- Benefits. 221 atives. A funeral benefit is a widow's right guaranteed to her by the Lodge and its By-Laws; and a less amount paid to her would not be a compliance with the By-Laws. — 1892 Journal, 14, 97, 103. 654. Residence of beneficiary immaterial. The place of residence of the claimant of a funeral benefit is of no conse- quence. If the relative in a foreign country be a dependent relative, the Lodge is bound to pay such relative the funeral benefits provided by its By-Laws, which provide for such benefit to a deceased brother's dependent relative. — 1893 Journal, 426, 430. 655. A brother's mother who remarries. A brother's mother who remarries is, if at the time of his death she be his dependent relative, entitled to the funeral benefit ; if she be not his dependent relative, she is not entitled thereto. — 1893 Journal, 426, 430. 656. Who are beneficiaries of funeral benefit — Funeral expenses. The only persons who are the beneficiaries of a funeral benefit are the widow, orphans (under age of twenty- one years), or dependent relatives of the deceased, or rel- atives upon whom the deceased was dependent at the time of death. In the event of the death of a member in good stand- ing not possessing any of the above-named beneficiaries of a funeral benefit and leaving no estate or insufficient assets to pay the expenses of a funeral, the Lodge shall pay the bill of the undertaker and other necessary expenses to an amount not exceeding in the aggregate the funeral benefits. —1898 S. G. L. Journal, 16027, 16053 ; Morss vs. California Lodge, 1902 Journal, 886, 892. 657. Funeral benefit — Estate of deceased — Burial. The funeral benefit should in no event become an asset of the estate of the deceased. When a member dies, he should have a decent burial, and if he dies in indigent circumstances, he should never be allowed to fill a pauper's grave. — 1898 S. G. L. Journal, 16027, 16053. 658. Dependent relatives. Dependent relatives are rel- atives who were members of the family of the deceased, and 222 Benefits. were dependent upon the deceased for support at the time of death. — Morss vs. California Lodge, 1902 Journal, 886, 892. 659. Insane brother — Divorced wife — Right of minor child to benefits after death. An insane brother in good standing is placed in a lunatic asylum; his wife obtains a divorce and the custody of the minor child ; then she marries another man ; her insane husband dies, and is buried by the Lodge. The child is entitled to benefits as his orphan. — 1900 S. G. L. Journal, 504, 827, 873. 660. In case of suicide. The family of a brother who has committed suicide is entitled to the funeral benefits if the brother were in good standing. — 1865 Journal, 10, 60, 77. Note. — A Lodge cannot refuse — (1845 S, G. L. Journal, 807; to pay funeral benefits to the fam- 1855 S. G. L. Journal, 2403, 2481, ily of a deceased brother on the 2503). ground that he committed suicide 661. Payment of arrears while sick and not entitled to benefits. A member being under charges in his Lodge becomes in arrears while said charges are pending; the charges are sustained, and the brother is suspended for a fixed period ; during such suspension he is taken sick ; imme- diately after the expiration of such suspension he pays his dues and is accepted by the Lodge; he remains sick and dies. The By-Laws provide that no member can place him- self in standing so as to receive benefits during such sick- ness. In such a case the wife is not entitled to funeral ben- efits on the decease of her husband. — 1877 Journal, 682, 699. Note. — A brother while in ar- sickness; his widow is not enti- rears so as to deprive him of ben- tied to funeral benefits — (1854 S. efits was taken sick. He then paid G. L. Journal, 2311, 2346). up his dues and died from that 662. Where no family or dependent relatives. Where the brother leaves no family or dependent relatives, and there is no other provision made by law for their payment, then the Lodge is not bound to pay the money to any person. — 1886-1887 S. G. L. Journal, 10254, 10487, 10511, 10711. 10951, 11005. Benefits. 223 663. The same. In cases where the friends of a deceased brother refuse the Order the privilege of burying, and do it at their own expense, there being no widow, children or dependent relatives, said friends have no right to demand and collect the funeral benefits of his Lodge. — 1868 Journal, 490, 503. Note. — The great object of a fu- of property to the funeral benefits neral benefit in the Order is to is in the family of the deceased, extend immediate aid to the fam- and not in the brother. It does ily of a deceased brother at the not begin to exist until after his time, and under circumstances death, and, therefore, no disposi- when the family requires support tion of such benefits can be made and sympathy more than at any by him in his lifetime — (1858 S. other time or under any other G. L. Journal, 2957, 2981) . condition of things. The right 664. No dependent relatives — Funeral expenses. Where a brother was sick in a hospital in another county, and under instruction from his Lodge, the Relief Committee paid him two weeks' benefits, and he left the hospital without notifying either the Relief Committee or his Lodge of his whereabouts, and six weeks thereafter he died, leaving no dependent relatives, the Lodge is not required to pay funeral benefits. If the brother was buried under the direction of the Lodge the actual expenses of the funeral should be paid by the Lodge.— 1905 Journal, 744, 932, 948. 665. Funeral benefits — Murder of wife and death of husband. Where the By-Laws of a Lodge do not contain any provision for funeral expenses as prescribed in Section 3 of Article IV of the Constitution of Subordinates, but do contain a provision that on the death of a brother's wife a sum equal to fifty cents for each member, at the time of her death, shall be appropriated by the Lodge and paid by the Noble Grand to the brother; and provide that on the death of a brother a sum equal to one dollar for each member, at the time of his death, shall be appropriated by the Lodge and paid by the Noble Grand to the widow of the deceased brother, or his children, or dependent relatives, and provide that after the funeral of a deceased member, or wife of a member, the Noble Grand shall direct a funeral assessment 224 Benefits. to be levied of one dollar on each member, in ease of the death of a member, and fifty cents in case of the death of a member's wife, they thereby provide for funeral benefits. A brother having murdered his wife is not entitled to the funeral benefit provided for in these By-Laws. He, after murdering his wife, killed himself, and having left no chil- dren or dependent relatives, no funeral benefit is due or payable to anyone under such By-Laws. In case no funeral benefits are due or payable to anyone, the Lodge has no right to levy a funeral assessment. — 1894 Journal, 609, 732, 771. 666. Inmate of Odd Fellows' Home and funeral benefits. No brother who shall have been admitted to the Odd Fel- lows' Home as an indigent shall be entitled to funeral bene- fits during the time he shall remain an inmate of the Home. — Constitution Subordinates, Art. IV, Sec. 4. 667. Inmate of Odd Fellows' Home and funeral expenses. The funeral expenses allowed by the By-Laws of his Lodge, in case of his death and burial by the Home, shall be paid into the Odd Fellows' Home Fund. — Constitution Subordi- nates, Art. IV, Sec. 4. (See Odd Fellows' Home.) 668. When funeral expenses payable. Upon the death of any member, including non-beneficial members, the sum provided by the By-Laws for funeral expenses, which must be uniform for all members, must be appropriated and paid toward the expenses of his funeral, provided the brother is buried by or at the expense of the Order, or at the expense of his family.— 1895 Journal, 195, 196, 236; 1885 Journal, 288, 403, 433. 669. Death immediately after reinstatement and funeral expenses. A Lodge is compelled to pay the amount allowed by its By-Laws for funeral expenses on the death of a mem- ber who dies immediately after being reinstated to mem- bership, after suspension for non-payment of dues, provided he is buried by the Order, or at the expense of his family. — 1892 Journal, 14, 112, 127. Benefits. 225 670. Over twelve months in arrears for dues and funeral expenses. When a Lodge, by its own affirmative act, retains upon its roll members over twelve months in arrears for dues, it is liable until they are suspended for funeral ex- penses and care during sickness. — 1895 Journal, 39, 224, 249. 671. Funeral expenses not paid unless actually incurred. Wlien the By-Laws of a Lodge make a distinction between funeral benefits and funeral expenses, the Lodge cannot be required to pay anything on account of funeral expenses where a deceased brother has been buried while in the public service, at the expense of the United States, and no such expenses have been incurred by the family; though the widow is entitled to the funeral benefit whether expense has been incurred or not.— 1857 S. G. L. Journal, 2812, 2814, 2830 ; 1863 S. G. L. Journal, 3566, 3588 ; Morss vs. California Lodge, 1902 Journal, 886. 892. 672. Funeral expenses and estate of deceased. Funeral expenses are payable by the Lodge irrespective of the es- tate or amount of estate left by deceased, if the deceased is buried by the Order or at the expense of the family of de- ceased. — Morss vs. California Lodge, 1902 Journal, 886, 892. 673. The same — Buried by another Order. A Lodge is bound to pay the amount provided in its By-Laws for funeral expenses when one of its members is buried by an- other Order, but at the expense of the family of the de- ceased.--1889 Journal, 34, 144, 162. Note. — An Odd Fellow was ceased towards defraying the fu- buried by the Masonic Lodge to neral expenses. The Lodge could which he belonged and the Masons, not be required to pay funeral ex- to the exclusion of the Odd Fel- penses, as the deceased brother lows Ix>dge, paid all funeral ex- was buried without expense to the penses. The By-Laws of the Lodge family — (1875 S. G. L. Journal, provided that thirty dollars shall 6562, 6628, 656.3, 6629). be paid to the family of the de- 674. Non-beneficial member and funeral expenses. A non-beneficial member is entitled to funeral expenses, pro- vided he is buried by or at the expense of the Order, or at 15 226 Benefits. the expense of his family.— 1902 Journal, 899, 900, 917; 1896 Journal, 415, 588, 629. 675. Non-beneficial member and funeral benefits. A non- beneficial member is not entitled to funeral benefits. — 1902 Journal, 899, 900, 917. 676. Death of wife of non-beneficial member. A non- beneficial member is not entitled to funeral benefits on the death of his wife, nor to funeral expenses on the death of his wife.— 1902 Journal, 750, 899, 900, 917. 677. Initiatory members and funeral expenses. Initia- tory members are entitled to the funeral expenses provided by the By-Laws for all members alike. — 1893 Journal, 384, 420. 678. Before a member six months. Under Article IV, Section 3, of the Constitution of Subordinates, a brother of a Lodge is entitled to funeral expenses if he die before he has been a member six months. — 1883 Journal, 1149, 1175. 679. Carriages for pall-bearers, floral decorations and draping the hall. Under a By-Law which reads, ' ' In case of the death of a member of this Lodge there shall be allowed from the Lodge $75.00 to defray the expenses of the burial, to be paid by the Noble Grand on account of the funeral, provided the brother be buried by the Order or by the family of the deceased," the expenses of carriages for pall-bearers is a proper charge, to be paid out of the $75.00. The Lodge should see that the more necessary and indispensable ex- penses of the funeral are paid before applying any portion of the $75.00 to the payment of expenses for floral decora- tions and draping the hall. These latter expenses and ex- penses for carriages for a choir may be paid if there is money enough for such purposes, in addition to paying for the more essential expenses. No expense, however, for draping the hall can be paid out of the $75.00 unless the funeral services are held at the hall. — 1889 Journal, 131, 132, 163. (See Sections 1513 and 1514.) Benefits. 227 680. Buried by a General Relief Committee when in ar- rears. Article IV, Section 3, of the Constitution of Subor- dinates, requires the Lodge to pay not less than thirty dol- lars to defray the expenses of the burial of a member, whether he be in arrears or not, provided he be buried by the Order or at the expense of the family of the deceased. So where a member who is in arrears for dues, no matter how much, dies under charge of a General Relief Committee, which attends to his burial, the Lodge to which the member belongs must reimburse the General Relief Committee to the extent of thirty dollars at least, and more if its By-Laws so provide. — General Relief Committee of San Francisco vs. Diamond Springs Lodge, 1883 Journal, 1005, 1134, 1161, 1178. 681. Buried by another Order and part of expenses paid by family. A Lodge has this By-Law: *'0n the death of a brother the sum of $50.00 shall be appropriated and paid towards defraying his funeral expenses, provided if no funeral expenses are incurred by the Lodge or dependent relatives, by the death of a brother, no appropriation shall be made." Where a deceased brother's funeral is conducted solely by another Order, which takes sole charge of the body and pays the expenses, except such items as car fare, sexton, watching with the body, washing the body, etc., which are paid by the family, under this By-Law the Lodge of which the brother was a member must pay the sum set forth in the By-Law to defray the expenses of the funeral, to the family, if such family be composed of those who are de- pendent upon him for support. — 1885 Journal, 381, 382, 418. 682. What funeral expenses should not be paid. Where the By-Laws of a Lodge provide one hundred dollars as funeral expenses, and also provide that *'if no funeral ex- penses are incurred by the death of a brother, no appropria- tion shall be made from the funds of the Lodge," and where only eighty-seven dollars are actually expended, the Lodge cannot, under such By-Laws, legally pay any greater or other sum than the actual funeral expenses of the deceased mem- ber. If the actual expenses do not amount to the sum stated 228 Benefits. in the By-Laws, the balance should not be paid to the widow. —1878 Journal, 822, 928, 965. 683. Duty of Lodge to pay funeral expenses or benefits. The obligation of a Subordinate Lodge to pay funeral ex- penses or funeral benefits is fully considered in Sovereign Grand Lodge Journal, 13989, of the proceedings of 1894. From said decision there are only two exceptions which will prevent a Lodge from paying the funeral expenses, as will be found in White's Digest, 99, 100.— 1896 Journal, 408, 588, 629. Note. — The White's Digest re- said exceptions, also, see Sections ferred to in the above decision is 671 and 672 of this Digest, and White's Digest of 1889. For the note to Section 673 of this Digest. 684. Immoral conduct of deceased. Where a brother is in good standing financially, at the time of his death, his widow is entitled to funeral and widow's benefits, notwith- standing the brother has been refused sick benefits during the sickness of which he died, by reason of the fact that such sickness was caused by his immoral conduct. — 1875 Journal, 280, 295. 685. Not buried by the Order. Subordinate Lodges are required by the Constitution of Subordinates to pay a uni- form sum of not less than thirty dollars upon the death of their members, as funeral expenses, and there is no law permitting a Lodge to escape this duty where the surviving relatives of a deceased brother refuse to have him buried by our Order.— 1897 Journal, 991, 993. 686. Buried at the expense of Government or of another Order. Where a deceased brother has been buried while in the public service, at the expense of the United States Gov- ernment, and no part of such expense has been incurred by the family, or where, being a member of another Order, he has been buried by such Order, to the exclusion of the Odd Fellows' Lodge, such Order paying all funeral expenses, without any expense to the family, the Lodge cannot be required to pay anything on account of funeral expenses. In all other cases the funeral expenses, provided by the Benefits. 229 By-Laws, must be paid, and where in addition to the funeral expenses the By-Laws provide for the payment of a funeral benefit, the payment of such benefits must be governed en- tirely by such By-Laws.— 1897 Journal, 1032, 1055. 687. Testimony — Funeral expenses or benefits paid. There is no law in case a Lodge votes or pays funeral expenses or funeral benefits, providing for taking the testimony of wit- nesses as to the facts of the case. — Lane vs. San Lorenzo Lodge, 1900 Journal, 148, 177. 688. An Investigating Committee — Evidence, report, ap- peal. In cases where the Lodge refuses or neglects to pay any benefit or relief, or allowance, which our laws provide shall be paid, the person may, within four weeks thereafter, likewise demand a committee, as provided in Section 5, Article IV, Constitution of Subordinates, and the section shall likewise, in all matters, including the time and man- ner of appeal, be applicable thereto. — Constitution Subordi- nates, Art. IV, Sec. 8. 689. The committee investigates, hears evidence and re- ports — Appeal. When a Lodge refuses or neglects to pay funeral expenses, a committee may be demanded under Sec- tion 8, Article IV, Constitution of Subordinates, to investi- gate the claim and to hear evidence, and report the facts and their conclusions, as provided in Section 5 of said Article IV, the same as in case of a claim for sick benefits. The action of the Lodge will not be reviewed on appeal by the Grand Lodge, unless this course is pursued. — Holmes vs. Circle Lodge, 1896 Journal, 634, 653. 690. On demand committee must be appointed. In case a Lodge refuses or neglects to pay funeral expenses or funeral benefits, and the sons of the deceased demand in writing the appointment of a committee, under Sections 5 and 8, Article IV, Constitution of Subordinate Lodges, to investi- gate the claim of the family of the deceased to the same, the Lodge must appoint such a committee to investigate the matter. — Morss vs. California Lodge, 1901 Journal, 510, 539. 230 Benefits. 691. Burden of proof. In investigations of claims for funeral benefits and funeral expenses, under Article IV, Sec- tions 5 and 8, Constitution of Subordinates, the claimants have the affirmative of the issue an(f the burden of proof is on them. — Morss vs. California Lodge, 1902 Journal, 886, 892. 692. Should not resort to courts of law. Our laws pro- viding for funeral benefits and funeral expenses do not create legal rights, liabilities or responsibilities, nor legal contractual relations, nor confer any right to resort to courts of law to enforce the granting or payment of the same. — Constitution Subordinates, Art. IV, Sec. 6. 693. When, if admitted by fraud, widow not entitled. Any fraudulent misrepresentation of his age by a party seeking admission into the Order, whereby membership therein is illegally obtained for a less consideration than the law of the Lodge requires, shall discharge the Lodge from any and all responsibilities growing out of the initiation of the party in question from and after the time such fraud shall be discovered and proved or determined, upon a fair investigation and upon competent testimony. It shall be legal to investigate and determine the fact of such fraud even after the death of the party alleged to be guilty there- of, provided due notice of such investigation is given to the representatives or family of the deceased claiming benefits of the Lodge.— 1863-1864 S. G. L. Journal, 3601-3679. (See as to Sick Benefits, Sec. 633 of this Digest.) (See as to Executors, Administrators, etc., Sees. 423, 425, 426 of this Digest.) (See Aged Odd Fellows; Grand Master, under head of Officers.) 7. BENEFITS TO WIDOWS. 694. May provide benefits for widows. A Lodge may provide in its By-Laws for the payment of a portion of its funds or of benefits to the widows of its members during their widowhood.— 1858 Journal, 383 ; 1865 Journal, 62, 81. BeiNEFITS. 231 695. Widows' and orphans' fund. The Lodge may pro- vide in its By-Laws for a widows', orphans' and educational fund. — Constitution Subordinates, Art. IV, Sec. 1. 696. Immoral act or conduct deprives of benefits. No benefit or allowance shall be paid to any widow of an Odd Fellow, except while she maintains a good moral character in fact. — Constitution Subordinates, Art. IV, Sec. 8. 697. The rights of widows — The rule governing. The true rule is that the rights of widows and orphans of de- ceased brothers survive or perish with the brother's rights. As they derive their benefits through the membership and good standing of the husband or father, so must the benefits end with his ceasing to be a member of the Order, or with his ceasing to be a member in good standing. Any other rule would inflict upon us obligations to reward those who were undeserving, and support those whose parents and fathers when living had not contributed to the funds from which such support is paid. — Bohn vs. Harmony Lodge, 1872 Journal, 560, 653 ; Appeal of Julius Levy, 1874 Journal, 115, 116, 16 ; Mysell vs. Harmony Lodge, 1882 Journal, 809, 825. 698. When the husband was in arrears and paid them while sick. A brother was taken sick while in arrears for non-payment of dues, and hence not in good standing ; dur- in^^ his illness he paid up his dues; during that same illness the brother died and was buried by the Lodge. The By- Laws of the Lodge provide, among other things, that the widows of deceased brothers shall be entitled to a monthly benefit of ten dollars. In such case the widow is not en- titled to benefits.— 1872 Journal, 559, 653. 699. Where husband was not in good standing. Not- withstanding the By-Laws of a Lodge provide that the widow of a deceased brother, so long as she maintains a good character, shall receive a certain yearly benefit, pay- able quarterly, or provide for a monthly benefit, yet if her husband be not in good standing at the time of his death, she is not entitled to the yearly benefit, or monthly benefit. 232 Benefits. — 1874 Journal, 115, 116, 17; Mysell vs. Harmony Lodge, 1882 Journal, 809, 823. 700. The same— Donation. The Widow of an Odd Fel- low is not entitled to benefits if her husband were not at the time of his decease, but the Lodge has the right to do- nate from its funds for her benefit. — 1877 Journal, 581, 675, 697. 701. A Lodge cannot discriminate as to rank of husband, but may as to amount. If a Subordinate Lodge make any provision for the payment of stipulated benefits to widows of deceased brothers, no discrimination can be made on ac- count of the rank the brother may have held in the Lodge, except as to the amount to be paid, which is entirely under the control of the Lodge.— 1872 Journal, 690, 689. 702. The same — Scarlet and other Degrees. The By-Laws of a Lodge provided '*that to entitle a deceased brother's widow to benefits, the brother shall, at the time of his death, have been in good standing and in possession of the Scarlet Degree." The latter clause requiring the attainment of the Scarlet Degree is not a legal requirement. The widow of a brother, who was in good standing and had attained lower degrees, is entitled to benefits under such a By-Law, for such a By-Law conflicts with a well established prin- ciple of the Order if not the written law, and is therefore illegal ; but the amount to be so paid the Lodge can regulate by its By-Laws.— 1873 Journal, 690. 703. May increase or reduce the benefits. Subordinate Lodges have the right to regulate the rate of benefits to widows, as well as to members, and may increase or reduce the same. Benefits to widows are payable at the rate pre- scribed by the By-Laws at the time they are voted, as well to those who were widows before as after the rate allowed may have been reduced. — 1872 Journal, 690, 689. 704. Benefits under new By-Laws. After a Lodge has adopted a new set of By-Laws, a widow cannot claim the benefits under the old By-Laws, claiming as a reason that Benefits. 233 her husband died before the new ones were adopted. — 1873 Journal, 895, 901. 705. A Lodge may change its By-Laws so as to make benefits to widows discretionary. The By-Laws of a Sub- ordinate Lodge provided that the widow of a deceased brother who died in good standing should receive the sum of one hundred and fifty dollars per annum while she re- mained a widow and maintained a good character. The brother died in good standing and the Lodge paid one year's benefits. The Lodge then changed its By-Laws, so as to leave it discretionary with the Lodge whether to pay widows' ben- efits or not. The Lodge then declined to pay the widow any further benefits on the ground that she was able to earn a support by her labor, her character being good. The action of the Lodge was legal. — 1872 Journal, 691. 706. May repeal law. So, where the By-Laws of a Lodge provide that the widows of deceased members shall receive eight dollars per month, without reservation of any kind, and after the death of a brother of the Lodge, the By-Laws are so altered and amended as to discontinue the payment of any stipulated amount per month, a widow is bound by the amended By-Law, and is not entitled to receive the amount of eight dollars per month.— 1882 Journal, 864, 872, 885. 707. A widow who does not maintain a good character. The question of the moral character of a widow of an Odd Fellow who has died in good standing is a fact which may be submitted to a committee for investigation. If it be de- termined that she has not maintained a good character, all benefits of the Order ought to be withheld from her. — 1873 Journal, 871, 892. 708. Widow may demand a committee to investigate — Evidence — Appeal. In case a Lodge neglects or refuses to grant any benefit or allowance on account of any immoral act or conduct, or otherwise, she may demand within four weeks thereafter the appointment of a committee, as pro- vided in Section 5 of Article IV, Constitution of Subordi- 284 Bible — Black Book. nates, and said section shall, in all matters, including man- ner and time of appeal, be applicable thereto. — Constitution Subordinates, Art. IV, Sees. 5 and 8.^ 709. Widow should not sue Lodge. Our laws providing for benefits or allowance to widows do not create legal rights or contractual relations, nor confer the right to enforce the payment of the same by resort to courts of law. — Constitu- tion Subordinates, Art. IV, Sec. 6. 710. Not assignable. Benefits and allowances to widows are not assignable. — Constitution Subordinates, Art. IV, Sec. 10. 711. Widow remarries and is divorced. The By-Laws of a Lodge provide that on the death of a widow of a brother who, at the time of his death, was in good standing, there shall be allowed the sum of $25.00 to the dependent rela- tives of the deceased brother. The widow remarries, and is subsequently divorced from her second husband. This does not restore her to widowhood that would justify a Lodge in paying $25.00 to dependent relatives. — 1896 Jour- nal, 410, 581, 629. BIBLE. 712. In Lodge room. The Bible should be in the Lodge room when the Lodge is open for business; but there is no provision requiring it to be placed on an altar in the center of the room.— 1892 Journal, 137. 713. Reading from it. A Lodge cannot adopt a rule re- quiring the reading of a chapter from the Bible at the open- ing or closing of a Lodge. It is not permitted to add any- thing to the form laid down in the Ritual. — 1900 Journal, 25, 185, 230. BLACK BOOK. 714. Lodges required to keep black book. Resolved, That this Grand Lodge re-establish the rule requiring all Subordinate Lodges to keep a black book and a proper record of all brothers suspended, expelled, and all appli- cants for membership rejected. — 1895 Journal, 246. FO : T t >i>. Bonds. 235 715. Names to be immediately entered. When a com- munication is received from a sister Lodge of expulsion or suspension, the names should be immediately entered. — 1860 Journal, 50. 716. What entries to be made. Notices of suspensions, expulsions and rejections should be written up in the black book, and the fact of their reception entered on the minutes. —1868 Journal, 495, 511. 717. In case of resignation. In case of the resignation of a brother from the Order, all Lodges in the county and the Grand Secretary should be notified, but his name should not be entered in the black book. — 1860 Journal, 64, 73, 74. BLANK BONDS AND FORMS. (See Grand Secretary, under head of Officers; Forms.) BONDS. 718. Bonds of Grand Officers and Trustees — Surety Com- pany — ^Expense thereof. The Grand Secretary, Grand Treas- urer, Grand Trustees, and Trustees of the Odd Fellows' Home, before entering upon the discharge of the duties of their respective offices, shall execute and deliver to the Grand blaster a good and sufficient bond, payable to the Grand Master and to his successor in office, in such penal sum as the Grand Lodge shall fix at the annual meeting when such officers are elected, conditioned for the faithful performance of their respective duties. The payment of the penalty fixed by such bonds shall be guaranteed by some reliable surety company, and the expense of procuring the said bonds shall be paid by the Grand Lodge. — Constitution Grand Lodge, Art. IV, Sec. 9. 719. Bond of Lodge Treasurer. The Treasurer, prior to installation, shall give a joint and several bond, payable to the Trustees, in trust for the Lodge, in the sum of not less than one thousand dollars, with two or more sureties, for the faithful performance of his duties. — ^Constitution Subordi- nates, Art. VII, Sec. 5. 236 Bonds. 720. Sureties not Odd Fellows. A Treasurer-elect may present as sureties on his bond persons not members of the Order.— 1886 Journal 537, 620, 646. , 721. A Treasurer or Trustee cannot be surety. A Treas- urer or Trustee shall not be permitted to become surety for the funds of the Lod^e. — Constitution Subordinates, Art. VI, Sec. 14. 722. Bonds of Lodge Trustees. The Trustees (if there be any) shall give a joint and several bond in such sum as may be required, for the faithful performance of their duties, to be approved by the Lodge, and made payable to the Noble Grand and Vice-Grand, with two good and sufficient sureties for each Trustee; provided, that each Trustee may execute a separate bond with two sureties as aforesaid, if he so elect, or the By-Laws so prescribe. — Constitution Subor- dinates, Art. VII, Sec. 6. 723. The same. Each Trustee of a Lodge must, under the Constitution of Subordinates, give a separate, joint and several bond.— 1888 Journal, 1025, 1111, 1130. 724. Trustees cannot be sureties for each other. The Trustees of a Lodge should not be allowed to become bonds- men for each other. — 1^76 Journal, 493, 508. 725. Bonds with two sureties required. Every officer having care of the funds of the Lodge shall be required to give sufficient bond to the Lodge for the funds that may come into his hands, with not less than two good sureties, men of property. — 1854 Journal, 77. Note. — Under the present Con- for the acceptance of the guarantee stitution of Subordinates, Article of an incorporated security com- VII, Section 12, a Subordinate oany in lieu thereof. Lodge may provide in its By-Laws 726. When principal and sureties not allowed in Lodge room. Neither the principal or surety shall be allowed in the Lodge room while action is being had on the bonds of officers having care of the funds of the Lodge. — 1854 Jour- nal, 77. Bonds — Book-keeping. 237 727. Guarantee of security company in lieu of bonds. Any Lodge may provide in its By-Laws for the acceptance of the guarantee of an incorporated security company in place of the bonds provided for in Article VII of the Con- stitution of Subordinates, for the faithful performance of their respective duties by the financial officers of the Lodge. — Constitution Subordinates, Art. VII, Sec. 12. 728. Liability of sureties. Where an officer, such as a Lodge Treasurer, embezzles the funds of his Lodge, the lia- bility of a surety upon his bond attaches immediately upon the defalcation, and without any legal proceedings. The surety should not cause the Lodge or Encampment the trouble, delay and expense of litigation. The surety ex- pressly obligates himself, jointly and severally with the others, to pay such default, and he should in the spirit of justice and Odd Fellowship forthwith comply with his con- tract. — Preble vs. Harmony Lodge, 1879 Journal, 81, 82, 99. 729. Treasurer's bond. See Form No. 21 of the forms affixed to this Digest. 730. Trustee's bond. See Form No. 20 of the forms af- fixed to this Digest. BOOK-KEEPING. 731. Lodge may adopt their own system. Lodges have a right to adopt their own system of book-keeping. The Grand Lodge will not prescribe a uniform mode therefor. — 1856 Journal, 170, 202. 732. Incorrect system of book-keeping. To enter in the cash book of the Treasurer of a Lodge, on the credit side, the amount of each draft drawn on the Treasurer, and to enter it as of date of the draft, irrespective of the time of payment of the draft, is an incorrect system of accounts or book-keeping. The credit should not be given until the draft is paid by the Treasurer. — Occidental Lodge vs. Adams, 1874 Journal, 81, 82, 117. 733. Errors may be corrected. Any error or incorrect- ness in the manner of keeping books or accounts or making 238 BusTiTESs OF Grand Lodge. monthly reports by the officers of a Subordinate Lodge may be corrected by the Lodge, as it is a matter within its con- trol. — Occidental Lodge vs. Adams, 1874 Journal, 81, 82, 117. BOYCOTT. 734. Brothers should not injure one another. The mean- ing of the word ''boycott" seems to be difficult to ascertain, but the obligations of an Odd Fellow are such as to forbid his doing any act that would injure a brother Odd Fellow in any manner or form whatever. — 1886 Journal, 606, 636, 648. BUSINESS OF GRAND LODGE. 735. By whom transacted. The business of the Grand Lodge shall be transacted by the elective officers of the Grand Lodge, Past Grand Masters of this Grand Lodge, and the Representatives elected in the manner hereinafter pro- vided. All Past Grands in good standing, who have re- ceived the Grand Lodge Degree, may be present at the ses- sion, but none except officers of. Past Grand Masters of, and Representatives to the Grand Lodge shall have the right to serve on committees or to vote, or, without permission, to speak on any subject at the session. — Constitution Grand Lodge, Art. II, Sec. 2. 736. Work of a committee part of the business. The Constitution of the Grand Lodge prescribes that the busi- ness of the Grand Lodge shall be transacted by the elective officers and the Representatives ; and the work of a regular committee is part of the business thereof. A Past Grand not a Representative cannot be appointed or act on a regular committee. — 1869 Journal, 114, 117. 737. Invitations interfering with business. The annual sessions of the Grand Lodge are for the transaction of the business of the Order, and no invitations will be accepted by the Grand Lodge to engage in social festivities during its sessions, to occur during the day time. — 1864 Journal, 541. Business of Subokdinate Lodge. 239 738. Certain business to be kept secret. Grand Lodge mem- bers are required to keep secret from the Subordinate Lodges all business of the Grand Lodge which is entered on the Secret Journal, unless otherwise ordered by the Grand Lodge.— 1857 Journal, 278. 739. Grand Secretary shall present unfinished business. The Grand Secretary is instructed to present, as a part of his report, at each session of the Grand Lodge, all unfinished business lying over from the preceding session. — 1871 Jour- nal 429, 440. 740. Grand Secretary's rooms for business only. The rooms of the Grand Secretary are to be used only for the legitimate business of the Order. — 1873 Journal, 838, 861. 741. Transacted in Grand Lodge Degree. State Grand Lodges transact their business in the Grand Lodge Degree. —1847 S. G. L. Journal, 1090, 1091. 742. Installation. A Grand Lodge may open in the Scarlet Degree at installation. — 1852-1872 S. G. L. Journal, 1888, 1952, 5501, 5545. 743. Exemplification of Degrees. Grand Lodges may provide for the exemplification of the degrees of the Order while open in the Scarlet Degree. — 1886 S. G. L. Journal, 10520, 10659. (See Grand Lodge.) BUSINESS OF SUBORDINATE LODGE. 744. Quorum for business. A Lodge cannot, in its By- Laws, require that more than five members shall be neces- sary to constitute a quorum for the transaction of business. Such a By-Law would violate Article I, Section 1, Consti- tution of Subordinates. — 1856 Journal, 204. (See Sections 2794, 2598.) 745. The same. A quorum is all that is necessary for a Lodge's action. — Davis vs. Lafayette Lodge, 1885 Journal, 377, 412, 413. 240 By-Laws of Grand Lodge. 746. Business transacted in Third Degree, except. All the business of the Subordinate Lodge shall be transacted in the Third Degree or the Degree of Truth, except conferring the Initiatory and First and Second Degrees. Every Subordi- nate Lodge when open is a Third Degree Lodge, and none other is recognized by our laws. When reduced to the In- itiatory, the First or Second Degrees, it is the same Lodge, but open for specific purposes only, in a lower degree. — 1881, 1882, 1884 S. G. L. Journal, 8690, 8764, 8838, 9025, 9101, 9734, 9801. 747. Noble Grand may open under other business, when. The Noble Grand of a Lodge may open under another order of business when a committee is out examining candidates for initiation or admission, if the By-Laws do not prohibit such action. — 1864 Journal, 525, 545. 748. Private business must not be divulged — Attachment. The private business of a Lodge must not be divulged to any but an Odd Fellow. It is in violation of his obligation for a brother, designing to attach the money of a sick brother to inform an officer of the law that the amount of money grant- ed a sick brother, as sick benefits, is in the hands of the Sec- retary of the Lodge.— 1887 Journal, 771, 875, 888. 749. Transactions in absence of Noble and Vice- Grand. A Lodge can legally transact business, the Noble Grand and Vice-Grand being absent, and a Past Grand present who takes the Noble Grand's chair.— 1882 Journal, 741, 844, 879. (See Section 2794 when N. G. and V.-G. absent and no Past Grand present.) (See Ballot and Voting.) BY-LAWS OF GRAND LODGE. 750. May enact and amend. The Grand Lodge may en- act, alter or amend such By-Laws as may be necessary to carry into effect the provisions of this Constitution, and of regulating the proceedings of its officers and of committees, and of providing for the safety and security of the funds By-Laws of Subordinate Lodge. 241 and property; provided^ at least one day's notice in writing be given at the annual session, of such By-Law or amend- ment, and that the same do not in anywise contravene this Constitution. — Constitution Grand Lodge, Art. XIII, Sec. 1. 751. Need not the approval of Sovereign Grand Lodge. It is not necessary to submit the By-Laws of the State Grand Bodies, or amendments thereto, to the Sovereign Grand Lodge for approval.— 1852 S. G. L. Journal, 1899, 1953. 752. How may be repealed. A By-Law of a State Grand Lodge cannot be repealed by a mere resolution when a dif- ferent mode of amendment is prescribed. — 1875 S. G. L. Journal, 6566, 6629. BY-LAWS OF SOVEREIGN GRAND LODGE. (See page 17.) BY-LAWS OF SUBORDINATE LODGE. 753. Committee on Laws of Subordinates. It is a regular committee, consisting of five members, and shall be ap- pointed at each annual session from among the members present. — Constitution Grand Lodge, Art. VI, Sec. 2. 754. Duties of Committee on Laws of Subordinates. The Committee on Laws of Subordinates shall consist of five members, whose duty it shall be to examine and report on the By-Laws of Subordinate Lodges referred to them, and also to examine and approve of the By-Laws of Subordinates that may be submitted to them previous to being printed, and to make such alteration in the By-Laws as will make them conform to the laws and regulations of the Order, subject to the approval of the Grand Lodge. — Constitution Grand Lodge, Art. VI, Sec. 7. 755. The same. The propriety of a majority of the Com- mittee on Laws of Subordinates being residents of the same place as the Grand Secretary, suggested in a report, and the report adopted. — 1858 Journal, 385. 16 242 Bv-Laws of Subordinate Lodge. 756. Lodge may make, alter or rescind. This Lodge may make, alter or rescind such By-Laws, rules and resolutions, from time to time, as may be deemed expedient, provided that they do not in any wise contravene this Constitution, or the Constitution, By-Laws or Regulations of the Grand Lodge of the State of California, or of the Sovereign Grand Lodge, I. O. O. F. — Constitution Subordinates, Art. XIV, Sec. 1. 757. When By-Laws are in force. The By-Laws of this Lodge shall be in force from the time the Lodge shall have received notice of their approval by the Committee on Laws of Subordinates; or, where such By-Laws themselves fix a date subsequent to the time of the receipt of such notice for their going into effect, then from such subsequent date, subject to the approval of the Grand Lodge. — Constitution Subordinates, Art. XIV, Sec. 2. Note.— Such By-Laws, to have (1875-1877-1880 S. G. L. Journal, force and effect, must be approved, 6618, 6691, 7173, 7380, 7474, 8330, as provided in said section — 8439). 758. Right of Subordinate Lodges to make. Subordinate Lodges have a right to make By-Laws for their internal government. A Grand Lodge cannot make By-Laws for its Subordinates, but has the right of supervision, and may ap- prove or disapprove. It may frame a model code of By- Laws and recommend the same to its Subordinates, but can- not compel its adoption. It can, however, enact a uniform Constitution, and the By-Laws of Subordinates must con- form thereto.— 1893 S. G. L. Journal, 13258, 13548, 13671. 759. General laws. State Grand Bodies have power to make general laws for the government of Subordinates. — 1851 S. G. L. Journal, 1724, 1797, 1784, 1786, 1807. 760. Power and duty of Committee on Laws of Subordi- Qates. Where the Committee on Laws of Subordinates struck out certain words of a By-Law, and then approved it, with those words stricken out, the Grand Lodge resolved that the action of the committee in striking out the words was not authorized by law. The committee should have I By-Laws of Subordinate Lodge. 243 simply directed the Lodge to what change would be neces- sary in order to make the By-Laws conform to the laws and regulations of the Order and meet their approval. — 1878 Journal, 951, 952, 896, 944. 761. Powers and duties of Committee on Laws of Sub- Drdinates. The Committee on Laws of Subordinates has power to alter any By-Law of a Subordinate Lodge to make the same conform to the laws and regulations of the Order. (See Section 7, Article VI, of Constitution of Grand Lodge.) The power of the Committee on Laws of Subordinates is not limited to the mere "approval" or "rejection" of proposed amendments to By-Laws. That committee in passing on the By-Laws of Subordinate Lodges may examine and approve of the same, and "make such alterations in them as will make them conform to the lazvs and regulations of the Order/' This is the limit of the power of that committee to "alter" or "change" the By-Laws of a Subordinate. Sub- ordinates have the power to make By-Laws for their own government (subject, of course, to the power of approval or alteration above referred to). If that committee finds that it cannot "alter" a By-Law without "changing the intent," it is its duty to withhold its approval. Whenever the Com- mittee on Laws of Subordinates shall change in any way a By-Law submitted to it by a Lodge, it should return the ^ame as so changed to such Lodge for its further action thereon, and if such Lodge shall then adopt the same, as so changed, by the necessary vote, it thereupon becomes a By- Law of the Lodge upon being approved by the Committee on Laws of Subordinates.— 1891 Journal, 717, 727. 762. The same. The Committee on Laws of Subordinates will confine their action strictly to the approval or disap- proval of By-Laws submitted to them, as it is evident the Grand Lodge so desires.— 1893 Journal, 411, 412, 42d'. 763. When an amendment is not approved. An amend- ment to a By-Law of a Lodge that was never submitted to the Committee on Laws of Subordinates for its approval is not a law.— 1884 Journal, 13, 116, 153. 244 By-Laws of Subordinate Lodge. Note. — A Grand Body refused Treasurer. The refusal was held its approval to the By-Laws of to be an exercise of discretion in one of its Subordinates in refer- a matter in which the Grand Lodge ence to excusing a Visiting Com- had fftll and complete jurisdic- mittee, and the vote necessary to tion — (1879 S. G. L. Journal, 8075, order a draft for money on the 8173). 764. Changing the amount of dues. It is necessary to have the approval of the Committee on Laws of Subordinates to an amendment to the By-Laws changing the amount of dues.— 1885 Journal, 287, 403, 432. 765. When copy of By-Laws must be sent to Grand Sec- retary. The manuscript copy of such By-Laws shall, im- mediately after their adoption by the Lodge, and before being printed, be transmitted to the Grand Secretary, to be submitted to the Committee on Laws of Subordinates for their approval; and, where a session of the Grand Lodge shall have intervened since the By-Laws of a Lodge were approved by the Committee on Laws of Subordinates, such By-Laws shall not be printed or re-printed until they shall have been again submitted to and approved by that Com- mittee. — Constitution Subordinates, Art. XIV, Sec. 2. 766. Proposed amendments shall be sent in duplicate. All amendments to the By-Laws of Subordinates, submitted to the Committee on Laws of Subordinates for their action, shall be sent in duplicate, one copy to be retained by the Committee, the 'other to be returned to the Lodge sending the same.— 1870 Journal, 312 ; 1881 Journal, 569, 584. 767. The same. The Committee on Laws of Subordinates is instructed by the Grand Lodge not to approve any By-Law or amendment not presented in accordance with the require- ments of the preceding section numbered 766. — 1881 Jour- nal, 569, 584. 768. Proposed amendments shall be written out in full. Proposed amendments to By-Laws shall be written out in full in the precise words in which it is intended they shall read if adopted.— 1877 Journal, 661, 669 ; 1881 Journal, 569, 584. I By-Laws of Subordix\ate Lodge. 245 769. Proposed amendments and copy of By-Laws must be sent. All amendments submitted to the committee for their approval shall be accompanied with a copy of the By-Law^s then in force.— 1877 Journal, 661, 669 ; 1881 Jour- nal, 569, 584. 770. New By-Laws and amendments. New By-Laws or any alteration or amendment to the By-Laws of a Lodge should, immediately after their reception, be referred to the Committee on Laws of Subordinates. — 1859 Journal, 514. 771. The same — Cannot be put into effect before ap- proval. An amendment to the By-Laws of a Lodge, lower- ing the dues, legally adopted, cannot be put into effect before being approved by the Committee on Laws of Subordinates. All amendments to the By-Laws of a Lodge must be sent to the Committee on Laws of Subordinates immediately after adoption.— 1892 Journal, 14, 15, 97, 103. 772. Cemetery which is governed by By-Laws. If a Lodge own a cemetery which is governed by By-Laws which the Lodge passes, before they become operative, they should be submitted to the Committee on Laws of Subordinates for their approval, as all By-Laws of a Lodge should be sub- mitted to said committee before they are put into operation, whether such By-Laws relate to benefits, dues, funds or property of the Lodge.— 1896 Journal, 409, 588, 629. 773. Effect of adoption and approval of new By-Laws. The adoption and approval of a new code of By-Laws does not annul former resolutions and motions, unless upon the same subject, or a motion is carried to that effect. — 1857 Journal, 270, 274. 774. Must be printed of uniform size and copy furnished to Grand Secretary. All Subordinate Lodges shall furnish the Grand Secretary with a copy of their By-Laws as last amended, to be kept in his office for the use of the Committee on By-Laws, for reference and benefit of the Order generally. And the Grand Secretary shall have all By-Laws of the Subordinates properly arranged for the purpose. By-Laws 246 By-Laws of Subordinate Lodge. shall be printed of uniform size, say four by six inches. — 1877 Journal, 661, 669. 775. Notice to members of proposed amendment. It is legal to vote on an amendment to the By-Laws without first having notified all the members of the Lodge, unless the By- Laws provide that all members must first be notified. — 1896 Journal, 438, 607, 636. 776. Proposition to amend when to be acted upon. A By-Law which reads, *'No part of these By-Laws shall be amended unless a proposition to that effect be presented in writing to the Lodge and read at least two regular meetings previous to the discussion thereof, etc.," a proposition to amend them read on the night of its presentation and read again at the succeeding regular meeting is not open to dis- cussion and action. It must lay over at least two weeks. — 1882 Journal, 740, 845, 879. 777. The same. A resolution to amend a By-Law can- not be acted upon at the same meeting at which it is intro- duced, where the By-Laws of the Lodge declare that it must be laid over one week before action. — 1886 Journal, 535, 620, 646. 778. Renewal of amendment postponed indefinitely. Where an amendment, offered to the By-Laws of a Lodge, has been postponed indefinitely, the same amendment may be offered again at the next meeting of the Lodge. — 1873 Journal, 782, 900. 779. Motion to indefinitely postpone. Where the By- Laws of a Lodge provide that no part thereof ''shall be repealed, altered, amended or annulled, unless a proposition in writing be made at least two regular meetings previous to the time of its being acted upon," a motion to indefinitely postpone an amendment is not in order at any time before the expiration of the two weeks' time required by law. — 1865 Journal, 59, 76. 780. Amendments, how made. If, after the By-Laws of a Lodge are in full force and effect, an amendment is By-Laws of Subordinate Lodge. 247 desirable, it can only be made as provided in the new By-Laws. — ^Harris vs. Alisal Lodge, 1883 Journal, 1005, 1165, 1180. 781. Proper form of amendment. A proposed amend- ment to a section of the By-Laws of a Lodge that all members absent at roll-call at funerals shall be fined one dollar, proposed in the very words of the section, except that the proposed amendment reads five dollars, is in proper form and order.— 1870 Journal, 188, 255. 782. Vote required in adoption of By-Laws. Where a two-thirds vote is required to amend, repeal or revise By- Laws, and By-Laws are considered and adopted, section by section, and afterwards adopted as a whole, it is not re- quired that they shall twice receive the vote of two-thirds. Their final adoption as a whole by a two-thirds vote is suffi- cient. — Osgood vs. Sierra Lodge, 1884 Journal, 23, 128, 154. 783. A Lodge cannot suspend a By-Law. A Lodge can- not suspend a By-Law. It can ''amend, alter or rescind," and enact such other By-Law as may be deemed expedient. —1880 Journal, 333, 373. 784. Cannot be suspended on motion. A By-Law cannot be suspended on motion or suspended under any circum- stances; it can only be amended or repealed in the way designated by the code of By-Laws itself. — 1872 Journal, 689 ; 1891 Journal, 585, 690, 716. 785. Binding on all parties. The By-Laws of a Lodge are binding on all parties — (1869 Journal, 121 ; 1870 Journal, 302) ; but one contrary to the Subordinate Lodge Constitu- tion is null and void. — 1864 Journal, 573. 786. The word "reasonable." The word "reasonable" must be stricken out of all Bj'-Laws where it qualifies the decision of the presiding officer. — 1860 Journal, 38, 39. 787. A By-Law concerning benefits disapproved. A section of a By-Law that provided that when a brother shall have received benefits for a period of one year, the Lodge 248 By-Laws of Subordinate Lodge. may, at any regular meeting thereafter, by a vote of two- thirds of the members present, reduce his benefits to the minimum prescribed in the section, -a motion to that effect having been made one week prior thereto, disapproved by the Grand Lodge because it would not in itself apply to all members equally, and would leave each particular case to be decided by the Lodge, making it possible for the Lodge to show a preference for some members in the matter of benefits.— 1879 Journal, 85, 100. 788. A By-Law concerning doctor's certificates disap- proved. A provision in a By-Law of a Lodge, which, in effect, makes a brother forfeit his benefits unless he fur- nishes his Lodge each and ez'cry week during his sickness a doctor's certificate, is disapproved by the Grand Lodge. — 1901 Journal, 501, 539. 789. A By-Law concerning reporting sickness disap- proved. The Grand Lodge disapproved the following By- Law: '*And provided such sick brother {to entitle him to sick benefits) shall report to a Lodge within one day after being taken with such sickness or accident." — 1903 Journal, 116, 155. 790. A By-Law concerning forfeiting benefits disap- proved. The Grand Lodge disapproved the following By- Law: "And any member while drawing sick benefits shall forfeit them by frequenting any saloon or patronizing any drinking bar."— 1903 Journal, 117, 155. 791. A By-Law concerning funeral expenses and benefits disapproved. The Grand Lodge disapproved the following By-Law: ''Provided further, that on the death of a brother entitled to sick benefits, but who dies unmarried, or who leaves no beneficiaries legally entitled to receive the $70.00 funeral benefit heretofore provided in this section, the Lodge may, at a regular meeting, by a vote, decide to appropriate $70.00 as an additional funeral expense in lieu of a funeral benefit."— 1903 Journal, 117, 155. Cards and Certificates. 249 CARDS AND CERTIFICATES. 792. Form and requisites of Withdrawal and Visiting Cards. The Soverei^m Grand Lodge has prescribed the form of Withdrawal Cards to be exclusively used throughout its jurisdiction. All cards must be in the prescribed form and bear the counter signature of the Grand Secretary of the Sovereign Grand Lodge, or a fac-simile thereof. They must be signed by the Noble Grand and attested by the Secretary of the Lodge issuing the same, and be under seal. All Withdrawal Cards and Visiting Cards must be signed by the holder thereof on the margin in his own handwriting, in the presence of the officer by whom the Annual Traveling Password or Annual Password is communicated to such holder.— (1830 S. G. L. Journal, 108; 1840 S. G. L. Journal, 342 ; 1844 S. G. L. Journal, 649 ; 1845 S. G. L. Journal, 677 ; 1846 S. G. L. Journal, 911 ; 1856 S. G. L. Journal, 2665, 2673, 1897 S. G. L. Journal, 15535, 15614). A card is complete without the counter signature of the Secretary of the Grand Lodge of the State in which the card is issued. — (1845 S. G. L. Journal, 777, 804). All cards in the Grand Secretary's office and in the possession of Subordinate Lodges, which have in the margin the fac-simile of the signature of Brother Theo. A. Ross, Grand Secretary, but who is now dead, are declared legal cards.— 1897 S. G. L. Journal, 15509, 15580. 793. Withdrawal Cards, how granted — Resignation. Withdrawal Cards may be granted to members who are clear of the books, according to law, by a majority vote, by ballot, of the members present when the application is made. Should the Lodge refuse to grant the card, the applicant, on tendering a written resignation of membership, and paying all dues, shall be entitled to receive from the Secre- tary a certificate, under seal of the Lodge, to that effect; and such certificate shall be sufficient evidence of good standing at the time of such resignation. — Constitution Sub- ordinates, Art. XII, Sec. 1. (See Sections 1856, 1859, 1860, in cases of transfer of mem- bership by card.) 250 Cards and Certificates. 794. Visiting Cards, how granted. Visiting Cards may be granted upon application in open Lodge, or they may be issued by the Noble Grand and Recording Secretary to members in good standing, upon application in writing, but in either case the dues of the applicant must be paid up to the end of the time for which the card is granted, which time shall not exceed one year from the date of the card, — Constitution Subordinates, Art. XII, Sec. 2. 795. Non-contributing members. A special form of Visiting Card, which shall entitle the holder to the Annual Traveling Password upon proving identity in the manner prescribed by the laws of the Order, is now furnished by the Sovereign Grand Lodge and sold as supplies for the use of such non-beneficial members; that is, for those brothers over sixty years of age who have been contributing mem- bers for twenty-five years consecutively and have been dropped for non-payment of dues to the grade of non- beneficial members.— 1905 S. G. L. Journal, 209, 279, 292. 796. Must be issued by Sovereign Grand Lodge. All cards not issued by the authority of the Sovereign Grand Lodge are of no force or effect, and the same are null and void, although they may have been signed by an officer of a Grand or Subordinate Body. — 1860 Journal, 9, 27. 797. Rank of holder shall be expressed on face of card. The rank or degree of all members to whom Withdrawal or Visiting Cards may be granted, shall be expressed on the face of the card, or if the form of the card do not permit it, shall be endorsed on the card, certified under the seal of the respective Lodge or Encampment by the officers issuing the same. All new engravings of cards shall be in such form as to permit of a full expression of the rank or degree of a visiting brother upon the face of the card. — 1860 Journal, 9, 28; 1859 S. G. L. Journal, 3111, 3124; 1866 S. G. L. Jour- nal, 4015. Note. — In granting a Visiting tained in the branch of the Order or Withdrawal Card, the highest from which the card is taken title which the brother has at- should be stated therein, except if I Cards and Certificates. 251 the brother be a Grand Repre- from either the Subordinate sentative or a Past Grand Repre- Lodge or Encampment — (1878 S. sentative, said rank should be ex- G. L. Journal, 7735, 7831; 1899 pressed on the card, when taken S. G. L. Journal, 23, 27, 365, 394). 798. Cards must be signed by holders thereof. All Vis- iting and Withdrawal Cards should be signed by the holders thereof on the margin in their own handwriting, in the presence of the officer by whom the Annual Traveling Pass- word or the Annual Password is communicated to such holders.— 1857 Journal, 250; 1897 S. G. L. Journal, 15535, 15614. Note. — When a Withdrawal he is the proper person to sign the Card is granted to a brother while card as Secretary — (1876 S. G. L. that brother is acting as Secretary Journal, 6986, 7055). pro tern, of a Subordinate Lodge, 799. Cards shall be withheld until so endorsed. The Secretaries of Lodges are required to withhold Visiting and Withdrawal Cards granted to applicants until such appli- cants shall have endorsed the same in their own proper handwriting, excepting only cases where cards are granted to absentees. — 1860 Journal, 81. 800. Order for password not endorsed on card. Cards should not have endorsed on them an order for the Annual Traveling Password.— 1855 Journal, 103, 119, 136. 801. Must be authenticated by Lodge seal. All cards, whether Visiting or Withdrawal, must be authenticated by the Lodge seal. — 1862 Journal, 291. 802. Withdrawal Cards to members of extinct Lodges. A member of an extinct Lodge may obtain a Withdrawal Card from the Grand Master and Grand Secretary upon payment of such dues as may appear against him, provided that the officers to whom the application is made shall re- quire satisfactory evidence that the applicant is at the time worthy of recommendation to the * 'friendship and protec- tion** of the brotherhood; and provided further that the charter, books, etc., of said defunct Lodge shall have been surrendered to the proper officer.— 1860 Journal, 27. 252 Cards and Certificates. Note. — A Grand Lodge cannot for two terms, if the charter of grant a card to a member of a such Lodge has not been reclaimed Subordinate to enable him to join or declared forfeited — (1879 S. G. another Lodge, although the Sub- L. Joufnal, 8112, 8179). ordinate had not held a meeting 803. Certificates to members of suspended, expelled or extinct Lodges. Members of a suspended or expelled Lodge, or of a Lodge whose charter has been surrendered or for- feited, who were in good standing at the time of such sus- pension or dissolution, or who may have paid all arrearages then due to the Grand Lodge, shall, upon the recommen- dation of the District Deputy Grand Master of the district in which such suspended or extinct Lodge is located, receive from the Grand Secretary a certificate, under the seal of the Grand Lodge, to enable them to make application for admission to membership in any other Lodge ; provided, such members are not excluded by Sections 3 and 4 of this Article. — Constitution Grand Lodge, Art. XI, Sec. 5; 1884 Journal, 21, 116, 153. 804. Cards to members of extinct Lodges and dues. Withdrawal cards cannot be granted to members of extinct Lodges until all dues standing against them at the time the Lodge became extinct are paid. — 1861 Journal, 132, 192, 193. Note, — Members of a defunct Lodge or its executive, and if no Subordinate will be chargeable action is taken by the Subordinate with dues up to the date when or its officers, then to the date such Subordinate shall legally vote when, by local or general author- to surrender its charter; or, in ity, the charter is forfeited; pro- the event of no such action by the vided, that in no case shall the Subordinate, then to the date amount charged exceed one year's when the charter shall be sent by dues — (1885 S. G. L. Journal, its last officers to the Grand 10151, 10189). 805. Inquiry as to right of member to card. There is no law which requires any Grand Officer or Grand Lodge to grant a card to any member of any defunct Subordinate without inquiry as to the right of such member to the card, and as to the propriety of granting the same. — 1889 Journal, 70. Cards AND Certificates. 253 806. Grand Lodge Withdrawal Cards to members of defunct Lodges. Grand Lodges, through their proper officers, shall be permitted to issue to members of defunct Lodges Withdrawal Cards, according to the standing of the brother when the Lodge surrendered its charter, and mem- bers holding such cards shall have the same privilege and are to be recognized by every Lodge to which they may be presented, whether in or out of the jurisdiction issuing them, as having the same force and effect as a Withdrawal Caid that has been issued by an existing Lodge in good standing, and will enable the holder to join another Lodge, and all laws in conflict herewith are repealed. — 1899 S. G. L. Journal, 251, 319, 320, 353. 807. Withdrawal Card to member of defunct Subordi- nate. A Grand Lodge can issue a Withdrawal Card to a brother in good standing who applies therefor within one year of the date of the suspension of his Lodge, sucl\ card covering the right of visitation for one year from the date of such suspension.— 1900 Journal, 513, 827, 873. 808. Life of Withdrawal Card to member of defunct Lodge. The life of a Withdrawal Card, issued by a Grand Lodge under the provisions of the legislation of Sovereign Grand Lodge of 1899 (see Section 806 of this Digest for such legislation) and carrying as it does the right of visita- tion, can only be for a period not exceeding one year from the time the dues are paid, that is, one year from the time of the surrender of the charter. — 1900 S. G. L. Journal, 513, 827. 828. 873. 809. A defunct certificate may be issued after one year. A defunct certificate may be issued to a brother who was in good standing at the time of the suspension of his Lodge, but who applies to the Grand Lodge for a card after one year from the date of such suspension, or, in other words, after the time when he would be entitled to receive a With- drawal Card.— 1900 S. G. L. Journal, 514, 827, 828, 873. 810. Withdrawal Card granted according to member's standing— Defunct Lodge. A Grand Lodge can issue a With- 254 Cards and Ceutificates. drawal Card to a member of a defunct Subordinate, accord- ing to the member's standing when the charter was surren dered; that is, if the member was entitled to receive a Withdrawal Card from the Lodge at the time of the sur- render of its charter, he is entitled to receive a Withdrawal Card from the Grand Lodge. — 1900 S. G. L. Journal, 514, 827, 873. 811. Duplicate card — How issued. A second card, issued in place of one not received by a brother, should be a duplicate, and should be issued as of the day of the original.— 1878 Journal, 819, 928, 965. 812. The same. When a Lodge issues a duplicate With- drawal Card, it must be signed by the officers serving at the time of such issue, and have endorsed on its face that it is a duplicate.— 1879 Journal, 24, 101, 110. Note.— A brother who has lost Journal, 1841, 1898, 1952). Where his Withdrawal Card or been dis- a card of withdrawal has been possessed of the same from no lost or destroyed, the Lodge which cause which should impeach his issued the same may grant a cer- own conduct, may obtain a new tificate under seal, setting forth card, bearing the same date, from the facts of such original issue, the Lodge which granted the orig- and the certificate so granted may inal one. The said Lodge is the be used in lieu of a card, as evi- judge as to the propriety of grant- dence of previous good standing — ing the new issue. If granted it (1852 S. G. L. Journal, 1921, should express on its face that it 1956). is a duplicate— (1852 S. G. L. 813. Withdrawal Card cannot be renewed. A With- drawal Card cannot be renewed, and a brother holding such card, and who desires to obtain another, must, within one year from the date thereof, deposit same in some other Lodge, or in the Lodge issuing the same, and thereafter take out another card, as in the first instance. — 1902 Journal, 900, 917. 814. Withdrawal Card — Annual Traveling Password. A brother receiving a Withdrawal Card is entitled to, and should receive the Annual Traveling Password in use at the time of the granting of the card. — 1857 Journal, 273; 1861 Journal, 127, 177. Cards and Certificates. 255 815. No Withdrawal Card to brother under charges. A Lodge cannot grant a Withdrawal Card to a member who stands charged before the Lodge with an offense, if the charges have been regularly preferred. — 1863 Journal, 422.. 816. Withdrawal Card — Saloon keeper. Where a brother entered into the saloon business after the prohibitory legis- lation on that subject by the Sovereign Grand Lodge, the Lodge can grant to him a Withdrawal Card while he is working under a prohibitory occupation as stated. The question of the granting of the Withdrawal Card is in the discretion of the Lodge. LTnder the circumstances it could refuse it.— 1905 S. G. L. Journal, 30, 219, 243. 817. Withdrawal Card — Saloon keeper — Bartender. A Lodge should not grant a Withdrawal Card to a member when it has knowledge that he has violated the law by en- gaging in the business of a saloon keeper or bartender, but should prefer charges.— 1903 S. G. L. Journal, 20, 284, 314. 818. Card granted — No charges preferred. When a card is granted and no charges are preferred, it is the duty of the officers of the Lodge to sign and deliver the same at once, and the Noble Grand has no right to refuse to deliver such card, unless charges are preferred against the brother. —1901 Journal, 410, 544, 562; 1898 Journal, 222, 256. 819. Withdrawal Card should state what. A charter member of a Lodge withdraws and after some time joins the same Lodge by deposit of card. Withdrawing a second time, his card should state that he joined the Lodge by deposit of card, and not as a charter member. — 1866 Journal, 198, 214. 820. Certificate of the granting of a Withdrawal Card. A Lodge has the right to grant a certificate of the granting of a Withdrawal Card to a person formerly a member of the Lodge, upon the verbal application of a brother of the Lodge.— 1867 Journal, 339, 349. 821. Lodge not obliged to grant Withdrawal Card. A Lodge is not obliged to grant a brother a Withdrawal 256 Cahds and Certificates. Card even if he be in good standing and has no charges pending against him. Should the Lodge deny the card the brother may resign. — 1867 Journal, 340, 350. Note. — See Sections 1856, 1859, 1860, for cases of transfer of member- ship in which Withdrawal Cards should be granted. 822. The same. A Lodge has a right to refuse to grant a Withdrawal Card to a member, he being clear of all charges on the books of the Lodge and the fee for the card paid. — 1889 Journal, 31, 122, 163. Note. — See Sections 1856, 1859, 18G0, for cases of transfer of member- ship in which Withdrawal Cards should be granted. 823. When Withdrawal Card should be granted. A Withdrawal Card should be granted a brother when a majority of the members present vote in favor of granting it.— 1888 Journal, 1021, 1111, 1130. 824. When member can apply for. As soon as a person becomes a member of a Lodge, he can apply for a With- drawal Card.— 1888 Journal, 1024, 1111, 1130. 825. Annual Traveling Password or order for it. A holder of a Withdrawal Card is entitled to the Annual Tra- veling Password, or an order for it should be given with a Withdrawal Card.— 1888 Journal, 1025, 1111, 1130. 826. Brother not entitled to when annulled. A brother is not entitled to a Withdrawal Card when the grant of the same has been annulled before delivery. — 1861 Journal, 195. 827. Acquittal of charges does not renew card. Where* a brother holds a Withdrawal Card which is annulled for good cause, and charges are preferred against him in the Lodge, upon which charges he is acquitted, his acquittal does not renew the card, and his position in the Lodge is the same as if no card had ever been granted. — 1884 Journal, 17, 116, 153. 828. EflFect of Withdrawal Card. The withdrawal from one Lodge and joining another are two separate and inde- pendent acts. When a Lodge grants a member a With- Cards and Certificates. 267 drawal Card it loses all jurisdiction over the member, except to annul the card in certain cases. The brother may apply for membership by deposit of card in a Lodge more distant from his place of residence than his former Lodge is, but the application must take the course pointed out in Sec- tion 5, Article II, of the Constitution of Subordinates. — 1884 Journal, 17, 116, 153. 829. Withdrawal Cards on transfer of membership. As to the granting of Withdrawal Cards where an applicant has been elected to become a member of a Lodge by transfer of membership, see Sections 1856, 1859, 1860, 1861, 1862, 1863 of this Digest. 830. Vote upon annulling card. A Withdrawal Card may be annulled in the same manner and by the same vote that granted it.— 1863 Journal, 433. 831. Where charges have been preferred, no vote on Withdrawal Card. Where charges against a brother have been received by a Lodge and referred to a committee, no ballot should be taken on the brother's application for a Withdrawal Card until the charges against him have been withdrawn or a trial had thereon. — Newfield vs. Garcia Lodge, 1881 Journal, 503, 602, 627. 832. Charges preferred when brother applies for card. Charges may be preferred against a brother who applies for a Withdrawal Card, and in such cases a vote on granting the card should not be taken until the charges have been disposed of.— 1853 S. G. L. Journal, 1992, 2115, 2170. 833. Viva voce vote — Application withdrawn. A With- drawal Card is granted according to the provisions of Sec- tion 1, Article XII, Constitution of Subordinates, and where a Lodge attempts to grant a card by rira voce vote and the brother refuses to accept the same and withdraws his appli- cation for a card, he has not severed his membership with the Lodge, and upon tendering the amount due the Lodge for his dues, the Secretary ninst accept the same and the 17 258 Cards and Certificates. Noble Grand must communicate to him the term password. — J898 Journal, 13, 14, 231, 277. 834. May withdraw application'for card. A brother has a right to withdraw his application for a final card at any time previous to its being voted to him without consent of the Lodge, although his application has been referred to a committee by reason of objections being raised. — 1849 S. G. L. Journal, 1401, 1472; 1850 S. G. L. Journal, 1634, 1655. 835. Mistake in granting Withdrawal Card. Where a brother applies for a Withdraw^al Card from his Lodge, receives the same, leaves the place where he resided, but remains within the jurisdiction of the Lodge, and after- wards within one year, returns his Withdrawal Card and asks for a Visiting Card, stating that his intention was to ask in the first place for a Visiting instead of a Withdrawal Card, the Lodge can annul the Withdrawal Card and grant a Visiting Card if the granting of the Withdrawal Card were the result of an innocent mistake. — 1869 Journal, 113, 117. 836. Withdrawal Card granted without application therefor. A brother to whom a With'drawal Card is granted, returns the same with a request that it be annulled, as he had not applied for the same and did not wish to sever his connection with the Lodge; the Lodge has the right to rectify the mistake by annulling the card and it is not necessary for the Lodge to notify the Grand Secretary of its action in the matter. — Boyd vs. Granite Lodge, 1869 Journal, 79. 837. Unauthorized application for Withdrawal Card for another. When a brother applies for a Withdrawal Card for another without authority, or under mistake of instruc- tions given to him by the brother, the Lodge has the right to rescind the vote granting a Withdrawal Card, and con- tinue the membership of the brother, because no brother's connection with the Order can be sundered by the unauthor- Cards and Certificates. 259 ized act of another. — Grimes vs. Cherokee Lodge, 1864 Journal, 557. 838. When retaining card ratifies its issuance. Where a Withdrawal Card has been issued to a brother by mistake Cthe card having been applied for with other applications for cards, by a friend of the brother without the brother's knowledge), and the card is received by the brother, who retains it over a year without effort on his part to rectify the mistake, his non-action amounts to a ratification of the issuance of the card, and his membership in his Lodge or any Lodge can only be restored by application as an Ancient Odd Fellow, accompanied by his card. — 1878 Journal, 821, 928, 965. 839. Withdrawal Card granted instead of a Visiting Card. When a newly initiated member of the Order asks for a card to travel on, and inadvertently calls it a With- drawal Card, which is issued to him by his Lodge, and thereafter the brother discovers that the card received by him had cut off his membership from his Lodge, which he did not wish, and forthwith asks the Lodge to issue to him a Visiting Card, the Lodge should, on due investigation of the matter, and being convinced that the brother had made a mistake and asked for a wrong card, cancel the With- drawal Card, restore him to membership, and issue to him a Visiting Card.— 1896 Journal, 415, 581, 628. 840. Power of Lodge to annul card. A brother holding a Withdrawal Card is not subject to discipline or liable to penalty by the Lodge granting the same, for on taking his card his membership in the Lodge ceases ; but for good cause the Lodge may within a year from the grant of the card annul the same, thereby bringing the brother back again into the Lodge and subject to its laws. — 1860 Journal, 9, 10, 86 ; 1862 Journal, 239, 320. 841. — Misconduct prior or after granting card. The Lodge may, within a year from the granting of a With- drawal Card, annul the card for unbecoming conduct com- 260 Cards and Certificates. mitted prior or subsequent to the granting of the same. — 1858 Journal, 332, 398; 1860 Journal, 9, 10, 86; 1862 Journal, 259, 320; see also, 1848 S. G. L. Journal, 1246; and 1851 S. G. L. Journal, 1722, 1797. 842. May annul within one year. A Lodge may for good cause at any time within one year from the granting of a AVithdrawal Card annul the same. The life of the card ex- pires in one year, and cannot be cancelled or annulled after the lapse of that period. — Salanave vs. Franco-American Lodge, 1902 Journal, 880, 891; 1858 Journal, 332, 398; 1860 Journal, 9, 86; 1862 Journal, 259, 320. 843. Offenses after Withdrawal Card expired. After the expiration of one year from the date of a Withdrawal Card, the Lodge has no power to annul .the card so as to bring the brother back into the Lodge and try him on charges for offenses committed after the card is out of date. — 1870 Journal, 187, 255. 844. Lodge may annul, but cannot reconsider or rescind the vote granting a Withdrawal Card. The vote by which a Withdrawal Card is granted cannot be reconsidered or rescinded. If charges be preferred against a brother, it is entirely competent for the Lodge to annul a card granted, or, if not delivered, to annul the grant of the same, for the purpose of having the charges tried. If no charges be pre- ferred, no reconsideration or rescinding of the vote granting the card can delay the card, but the same should be delivered at once. If charges be preferred, the card should be an- nulled and the brother tried.— 1878 Journal, 819, 928, 965. 845. Annulling card that charges may be preferred. It is not necessary that charges should be preferred before the Withdrawal Card is annulled. The Lodge has the right to annul the card at any time within a year from its grant in order that charges may be preferred. The annulment, or revocation, which is substantially the same thing, of the card restores the brother to membership in the Lodge, and he thereby becomes subject to charges like other members of the Lodge. — Landsborough vs. Florin Lodge, 169, 203. Cards and Certificates. 261 846. When holder becomes member of another Lodge. Wlieii a holder of a Withdrawal Card has, within a few months after its issue, deposited the same in and thereby becomes a member of another Lodge, the Lodge issuing said t^ard has no power to ainiul it. — 1860 Journal, 21. 847. Eiiect of Withdrawal Card. A Withdrawal Card less than one yeat- old only severs the connection of the holder with the Lodge, not the Order. — 1896 S. G. L. Journal, 15002, 15070. 848. Effect of expired Withdrawal Card. When a Withdrawal Card expires by the lapse of twelve months, it becomes utterly null, and the holder is beyond the jurisdic- tion of the Lodge or the Order.— 1849-1851 S. G. L. Journal, 1401, 1476, 1511, 1722, 1797. 849. Must be returned to rejected applicant. If an ap- plicant for membership in a Subordinate Lodge by deposit of card be rejected, the card must be returned to him. It is his rightful property. It should not be mutilated or en- ilorsed rejected.— 1849-1852 S. G. L. Journal, 1399, 1449, 1479, 1963. 850. Blank cards not obtained without written order. Blank Visiting or Withdrawal Cards cannot be obtained from the Grand Secretary without a written order from the Lodge, signed by the Secretary and authenticated by the Lodge Seal.— 1863 Journal, 388. Note. — Supplies, however, may ance at the annual session of be delivered to duly accredited Grand Bodies — (1871 S. G. L. ReprpHentatives while in attend- Journal, .5197) . 851. If applicant be absent, letter for Annual Traveling Password may be sent. If a brother applying for a With- drawal Card be ab.sent from the location of his Lodge so that he cannot obtain the Annual Traveling Password with his card in person, it shall be the duty of the proper officers, upon the granting of such card, to transmit the same to the brother, and also send therewith a letter for such password, 262 Oards and Certificates. in the form prescribed by the Sovereign Grand Lodge. — 1863 S. G. L. Journal, 3560. 852. Reinstatement within five 'years and card. As to reinstating a brother within five years after his suspension for non-payment of dues and granting Withdrawal Card, see Section 1936. 853. Visiting Cards granted — When. Visiting Cards should not be granted to brothers unless they intend to leave this jurisdiction. — 1857 Journal, 271, 274. Note. — Brothers of a lower De- the holders thereof are beneficial gree than the Third are entitled or non-beneficial, and if the to Visiting Cards and to visit on former, what benefits are allowed the same, as in their own Lodges; — (1884 S. G. L. Journal, 9503, and such Cards shall show whether 9505, 9734, 9801). 854. Effect of undecided charges. The effect of unde- cided charges is to deprive a member of the right to take a Traveling or Visiting Card.— 1858 Journal, 395, 371; 1859 Journal, 473; 1854 Journal, 71; 1898 Journal, 12, 256, 270. 855. Endorsing Visiting Cards. The Financial Secretary of a Lodge should endorse cards of visiting brothers. — Constitution of Subordinates, Article VII, Section 4. This is not the duty of the Recording Secretary. — 1896 Journal, 410, 588, 629. 856. Holders of Visiting Cards not deprived of any rights. The granting of a Visiting Card by a Lodge is a matter of course to a brother in good standing and does not involve the question of leave of absence. A brother in possession of a Traveling or Visiting Card is not deprived thereby of holding office or of his rights as a member of his Lodge.— 1894 Journal, 721, 739; 1868 S. G. L. Journal, 4240, 4374, 4404, 4438. 857. The same. A brother taking a Visiting Card does not, by that act, vacate any office which he may hold in the Lodge.— 1897 Journal, 841, 994, 1034. 858. Life of Visiting Card one year. A Visiting Card should not be granted for a longer period than one year. —1857 Journal, 262. Cards and Certificates. 263 XOTE. — It is illegal for any thereof, but in all cases of re- Lodge to extend the time for newal or extension, a new Card which a Visiting Card was grant- must be issued — (1877 S. G. L. ed, by indorsement on the back Journal, 7470). 859. Amount of benefits endorsed on Visiting Card. Vpon the issuing of a Visiting Card by a Lodge, the Secre- tary thereof shall endorse upon it the amount of weekly and funeral benefits allowed by the Constitution and By- Laws of said Lodge, and it shall be bound for any relief extended to a brother holding* such card, to the extent of the benefits so rendered.— 1853 S. G. L. Journal, 2151, 2180 ; 1854 Journal, 55. (See Relief and Relief Committees.) 860. Visiting Cards to be returned. It is not lawful for any Subordinate Lodge to grant to any member a Visiting or Traveling Card, who has heretofore applied for and ob- tained a Visiting or Traveling Card, until such card shall have been returned to the Secretary of the Lodge, or until such brother shall produce satisfactory proof of the loss or destruction of the same.— 1882 S. G. L. Journal, 9089, 9106. 861. Only certain cards and certificates to be used. All State Grand Officers and officers of Subordinate Lodges are prohibited from signing any card or certificate not issued by the Sovereign Grand Lodge to brothers of the Order and properly authenticated by the name of its Grand Secretary written or engraved thereon, but this shall not apply to cer- tificates signed by Grand Officers of State Jurisdictions to members of defunct Subordinates. — 1860 Journal, 8, 27 ; 1861 Journal, 150; 1859-1860-1861 S. G. L. Journal, 3135, 3247, 3267. 862. Wives and widows. Each Subordinate Lodge may, by a vote of two thirds of its members voting, grant a card to the wife of any member who may apply for it, signed by the officers of the Lodge, and countersigned by the recipient on the margin, and to remain in force not more than a year. And similar cards may be granted to widows of Odd Fel- lows, to remain in force as long as they shall remain such. 264 Celebration— Cemetery. No general law of the Sovereign Grand Lodge exists requir- ing Lodges to grant cards to widows of deceased Odd Fellows, but such action may be had^by Subordinate Lodges at their option.— 1845 S. G. L. Journal, 814; 1852 S. G. L. Journal, 1942, 1955, 1965 ; 1870 S. G. L. Journal, 4855, 4894. (See Official Certificates, Dismissal Certificates, Pass- words.) CELEBRATION. 863. Permission of Gran4 Master required. A Subor- dinate Lodge shall not have any public celebration of any kind without permission of the Grand Master. — Constitution Subordinates, Art. X, Sec. 2. (See Anniversarj^ Liquors, Ball, Funds, Dispensations.) CEMETERY. 864. To hold and sell lots therein. There is no law which requires a Subordinate Lodge to incorporate a "Cemetery Association," in order that it may hold and sell lots and blocks in burial grounds.— 1896 Journal, 408, 588, 629. 865. Monuments, head stones, etc. Our Lodges are not liniited in their duty to their dead to attendance at the funeral or to the funeral ceremonies and burial service or to the placing of the corpse beneath the ground. They may erect monuments and head stones. They may show respect to their dead and maintain their burial places in appro- priate conditions. — Newman vs. North Star Lodge, No. 61, 1892 Journal, 82, 91. 866. Road to burial ground and fence. Appropriations may be made by a Lodge for the purpose of aiding in the construction of a road to the burial ground of the Order, or of a fence around the same. — Hatch et al vs. Tuolumne Lodge, 1856 Journal, 201. 867. Loan of Cemetery Fund. Where the Trustees of a Lodge hold and have in trust an amount of money called a Cemetery Fund, which belongs to the Masons and Odd Fellows, it is perfectly in accordance with the laws of Censure — Chairs — Character. 265 the Order to loan the funds to any one who will secure the Board against the possibility of loss, be he a member of the Order or not, unless there be some provision in the rules ^overningr the joint Board of Trustees to the contrary. It is the security they should look to and not the fact of mem- bership in the Order.— 1888 Journal, 1023, 1111, 1130. 868. Indebtedness of Cemetery Association. A Lodge, as the legal or equitable owner or part owner of an Odd Fel- lows' Cemetery Association, has the right to appropriate its moneys to pay its share of the necessary indebtedness of the Association. — Prairo vs. Los Angeles Lodge, 1894 Journal, 682. 717. (See Funds.) CENSURE. 869. Of Officers clothed with discretionary powers. All expressions of censure upon any officer clothed with dis- cretionary powers, officially communicated to such officer, are disrespectful and insubordinate. Relief from the in- iiirious or oppressive exercise of such powers must be sought in the legal course of charges and trial before the proper tribunal.— 1858 Journal, 387. CERTIFICATES. (See Cards, Official Certificates, Dismissal Certificates, Credentials, Forms, etc.) CHAIRS. 870. Decoration of chairs. All Lodges in this jurisdic- tion shall decorate the principal chairs in the appropriate colors as designated by usage, viz. : The chair of the Noble Grand with scarlet, and the chair of the Vice-Grand with blue.— 1858 Journal, 365. CHARACTER. 871. Duty to defend brother's character. Our laws inculcate the defense of a brother's character, not assaults upon it. It is the duty of every Odd Fellow to defend the 266 Charges — Charges and Lectures. character, to protect and sustain the reputation of his fellow members, and if outside attacks be made upon him, to impartially investie:ate the matters, alleged ; and if they appear to be founded on facts, and the matters are in con- travention of our laws, to make those facts the basis of charges against him in the Lodge; but not to take for granted the truth of aspersions and calumnies promulgated and circulated by a brother's enemies, who may be at the same time enemies of our Order. — Red Bluff Lodge vs. Por- ter, 1860 Journal, 33, 35; Mariposa Lodge vs. Washburn, 1860 Journal, 33, 36. (See Offenses.) CHARGES. 872. Charges pending — Right to visit — Password — Busi- ness. A brother under charges is entitled to visit his own Lodge, participate in the business and receive the semi- annual password, if otherwise in good standing. — 1898 Jour- nal, 12, 256, 278. (See Trials.) CHARGES AND LECTURES. 873. When Grand Lodge Constitution conflicts with. The charges and lectures are higher law than the Constitu- tion of the Grand Lodge in case of conflict. — 1858 Journal, 331, 398. 874. Charges at initiation to be committed to memory. The charges at initiation are required to be delivered by the officers of Subordinate Lodges without the aid of the charge books, and the Grand Master shall require the officers to commit the charges appertaining to their respective offices in this degree.— 1885 Journal, 154; 1856 Journal, 206, 219, 222; 1859 Journal, 466. 875. Must be committed to memory before installation. The Noble and Vice-Grands must fully commit to memory the charges and secret work before installation. — 1888 Jour- nal, 1126; 1856 Journal, 219, 222. Charity— Charter of Grand Lodge. 267 876. Must not be written. The Noble Grand has no right to write the charges of Subordinate Lodges from the book for the purpose of allowing the officers to take them from the Lodge room to learn their several parts. — 1873 Journal, 782, 900, 901. 877. Junior Past Grand to commit charge to memory. The Junior Past Grand in all Subordinates is required to commit to memory his charge and deliver it without reading it from the book. — 1868 Journal, 481. (See Installation, Offenses, Work of the Order, Rebekah Branch.) (See Rituals.) CHARGE BOOKS. CHARITY. 878. Lodge funds may be used for. The funds of a Lodge may be used for objects of charity. — 1854 Journal, 73 ; 1860 Journal, 28 ; 1861 Journal, 174 ; 1864 Journal, 523, 544. (See Funds.) CHARTER OF GRAND LODGE. 879. Sovereign Grand Lodge cannot alter. The Sover- eign Grand Lodge has no power to alter the charter of a State Grand Lodge without first obtaining the consent of such State Grand Lodge.— 1847 S. G. L. Journal, 1063, 1090. 880. Charter of the Grand Lodge. FRIENDSHIP, LOVE AND TRUTH. We, the Most Worthy Grand Sire, Right Worthy Deputy Grand Sire, officers and members of the Grand Lodge of the Independent Order of Odd Fellows of the United States of America and jurisdiction thereunto belonging: To all to whom it may concern, these come greeting : — The Grand Lodge of the United States of America, tljje source of all true and legitimate authority in Odd Fellow- ship in the U^nited States of America, on the petition of California Lodge, No. 1; Sacramento Lodge, No. 2; San 268 Charter of Grand Lodge. Francisco Lodge, No. 3; Eureka Lodge, No. 4, and Charity Lodge, No. 6, of the State of California, they having seven Past Grands of the Independent Orj^er of Odd Fellows in good standing, hereby grant this dispensation to said Lodges to form a Grand Lodge of the Independent Order of Odd Fellows in the State of California ; and the said Grand Lodge being duly formed, is hereby authorized and empow- ered to grant warrants and dispensations to true and faith- ful brothers to open Lodges in the said State, according to the laws and usages of Odd Fellowship, and to administer to all Past Grands the privileges and benefits appertaining to a Grand Lodge, and to enact By-Laws for the same; pro- vided akvays, that the said Grand Lodge be held in the State aforesaid, and that they pay due respect and obedience to the Grand Lodge of the United States, by acting in con- junction therewith and in every manner supporting its Con- stitution and By-Laws. In default thereof this dispensation may be suspended or taken away at the decision of the Grand Lodge of the United States; and further, the Grand Lodge of the United States, in consideration of the due performance of the above, do bind themselves to repair all damages or destruction of the dispensation, whether by fire or other accident ; provided sufficient proof be given that there is no illegal concealment or willful destruction of the same. This dispensation to be approved at the next session of the Grand Lodge of the United States, otherwise to be of no force or effect. In Witness Whereof, we have displayed the colors of our Order, and subscribed our names, and affixed the seal of the Grand Lodge of the United States, this 8th day of March, A^ D. 1853, and in the thirty-fourth year of our Order in the United States. WM. M. MOORE, Grand Sire. [Seal] JAS. L. RIDGELY, G. C. and R. S. (Confirmed by the Sovereign Grand Lodge, then desig- nated Grand Lodge of the United States, 1853, S. G. L. Journal, 2109.) Chart KR and Charter Members. 269 881. The same. The warrant issued by the Grand Sire during the recess is the only charter provided for a Grand Lodge. All such warrants so granted by the Grand Sire are of force until recalled by the Sovereign Grand Lodge. The warrant issued by the Grand Sire to the Grand Lodge, I. O. O. F., of California, at its institution, was confirmed and is its charter. — 1895 Journal, 77. CHARTER AND CHARTER MEMBERS. 882. Fees for charters. The fee for a charter for a Sub- ordinate Lodge shall be thirty dollars, to accompany the application for a charter. Fifteen dollars for a Degree Lodge charter, and ten dollars for a Rebekah Lodge charter. — Constitution Grand Lodge, Art. VIII, Sec. 2. 883. Charter — How applied for and granted. On the written application of five or more brothers of the Order who have attained the Third Degree, or on the application of twenty or more persons eligible for membership in the Order, praying for a charter to open a Lodge where there is no Lodge established, or on the application of seven or more brothers who shall have attained the Third Degree, or on the application of twenty or more persons eligible for membership in the Order, for a charter to open a Lodge where there is one already established, the Grand Lodge may grant the same, and such Lodge shall receive its charter and the necessary charges and instructions from the Grand Master, or the Deputy Grand Master of the district, or by a Past Grand specially deputed; all necessary expenses, if any, of the installing officers to be borne by the Lodge so opened ; provided ahcays, that the cards of the petitioners, or a certificate of the deposit thereof with the District Dep- uty Grand Master of the district shall accompany the appli- cation: provided further, that the instituting officer shall have full power, upon any good reason being shown on account of the unfitness of any of the petitioners for the rharter, to erase the name of such person or persons from the list of petitioners, and if the required number of peti- tioners remain on the list, he shall institute the Lodge with 270 Charter and Charter Members. the remaining number of charter members. — Grand Lodge Constitution, Art. IX, Sec. 1. 884. Application, to whom presented. An application as provided in the first section hereof shall be presented to the Grand Lodge, if in session; if not, to the Grand Master, through the Grand Secretary, who shall, on receipt thereof, if advisable, have pov^rer to issue a dispensation to open such Lodge, subject to confirmation at the next session of the Grand Lodge, in which case, if confirmed, a regular charter shall be issued. — Constitution Grand Lodge, Art. IX, Sec. 2, and Art. IV, Sec. 1. Note.— A State Grand Body has —(1841 S. G. L. Journal, 1743, an undoubted right to refuse to 1798). grant a charter upon application 885. Must be recommended by three-fourths of the Lodges in the County or District. Whereas, it is important that the Order may guard itself more securely against the intrusion of persons who cannot gain membership or ad- mission into Lodges already recognized and instituted, be it resolved, that prior to the formation or institution of a new Lodge, the petition for the same must be accompanied by resolutions of recommendation of three-fourths of all the Lodges in the district; or where there are several districts in a county, the recommendation of three-fourths of all the Lodges in the county must be obtained. — 1874 Journal, 92, 93, 95, 114. 886. Certificate as to suitable hall necessary. A certi- ficate signed by three Past Grands in good standing, must accompany petitions for charters for new Lodges, certifying that a suitable building or hall has been secured in which to hold Lodge meetings. — 1859 Journal, 516. 887. Withdrawal Card must be properly authenticated. A Withdrawal Card accompanying a petition for a charter shall not be received unless it bear the signature of the brother to whom such card was issued, and is properly authenticated according to the regulations of the Order. — 1862 Journal, 303, 304; 1863 Journal, 406, 419. Charter and Charter Members. 271 888. Who may become charter members. A brother hold- ing an expired Withdrawal Card may become a charter member of a new Lodge. — 1871 Journal, 366, 445, 471. Hold- ers of dismissal certificates may be applicants for charters. — 1872 Journal, 617. No members of the Order but Third Degree members can become charter members. — 1889 Jour- nal, 33, 122, 163. Twenty or more persons eligible to be- come members of the Order may apply for charter and thus become charter members. — Grand Lodge Constitution, Art. IX, Sec. 1. Note. — In applications for char- applying for a charter for a new ters, ''brothers of the Order" must Lodge of Odd Fellows, but the ap- be construed to mean brothers plication must be signed by tlie holding unexpired Withdrawal required number of applicants who Cards. A brother holding a With- possess the required qualifications drawal Card out of date, or a Dis- — (1887 S. G. L. Journal, 10715, missal Certificate, may join in 10951, 11005). 889. Charter members must be present at institution. Charter members must be present at the institution of a Lodge and answer to their names. Those not present can- not become charter members. — 1886 Journal, 537, 620, 646. 890. The same. A brother who signed the petition for a charter for the Lodge, but fails to appear when the Lodge is instituted, cannot be considered as one of the charter mem- bers. If he wish to join that or any other Lodge, his petition must be presented regularly, and he must be balloted for according to law. — 1879 Journal, 123, 141. • Note. — When a new Lodge is by withdrawing their cards from instituted, its membership is com- the hands of the Grand Officers posed of those only who present and applying in the usual mode themselves and assume before the for admission to membership by instituting officer the obligations card — (1854-1871 S. G. L. Jour- required by our laws. The ab- nal, 2250, 22G5, 2.327, 4992, 5194, sentees can only regain admittance 5245). 891. One who lives nearer another Lodge already organ- ized. A brother living twenty miles from a Lodge about to be instituted may become a charter member of said Lodge, if he live nearer another Lodge already organized, without asking the consent of the organized Lodge, provided a dis- 272 Chaktrr and Charter Members. pensation authorizing the same be obtained from the Grand Master, otherwise not.— 1885 Journal, 289, 404, 433. 892. Fee of charter member. M every institution of a Lodge, every charter member should be charged at least the minimum fee that he would be required to pay under the laws of the Grand Lodge, if admitted by deposit of card, or as an Ancient Odd Fellow, or by initiation. — King vs. Ukiah Lodge, 1874 Journal, 81, 84 ; 1895 Journal, 20, 195, 196, 236, 180, 250 ; Grand Lodge Constitution, Art. IX, Sec. 1. (See Sections 1340, 1352.) 893. Remission of dues illegal, when. Where a Lodge at its last meeting, held to vote the surrender of the charter, passed a resolution remitting the dues of each and every member, the Grand Lodge declared the remission of dues illegal, and directed the Grand Secretary to require from the late members of the Lodge, upon application for With- drawal Cards, the respective amounts charged to their ac- counts, up to the surrender of the charter. — 1861 Journal, 131, 132, 192. 894. Rights of members about to withdraw. The mem- bers of a Subordinate Lodge have a right to ascertain by a vote of the Lodge, prior to their withdrawal, whether the Lodge will sanction their withdrawal for the purpose of applying for a charter for a new Lodge. — 1856 Journal, 215. 895. Charter must be kept in the Lodge room. A Lodge must keep its charter in the Lodge room, where it can be seen; but is not obliged to show it on demand to a visiting brother.— 1860 Journal, 50. 896. The same. A Lodge is required to keep its charter in the Lodge room where it may be seen. The Ritual, how- ever, provides that the ante-room is such a part of the Lodge room that the charter may be hung there. — 1896 Journal, 408, 588, 629. 897. Old charters should be preserved and cherished. Resolved, That it is the sense of this Grand Lodge that all Charter and Charter Members. 273 Lodges in this jurisdiction should carefully preserve and cherish their old charter, so long as it shows for what pur- pose it was granted, and that this Grand Lodge will not grant duplicate charters, except where original charters ha\e been destroyed, or have been so mutilated as to become unintelligible as to their character and purpose. — 1895 Jour- nal, 234. 898. Loss or destruction of charter. In case of the loss or destruction of a charter belonging to a Lodge, the Grand Master and Grand Secretary shall, on proper notification, issue at once another charter to said Lodge. — Grand Lodge Constitution, Art. IV, Sec. 1. 899. Duplicate charter. A Subordinate Body may be furnished with a duplicate charter only in cases where the original one has become mutilated or destroyed, and the granting power cannot change or vary the phraseology of the original charter. The duplicate should be signed by the officers of the Body granting it, with an endorsement stating that the charter was issued in place of one granted at such time, and which had been mutilated or destroyed. — 1857 S. G. L. Journal, 2699, 2764, 2810. 900. Cannot open charter. No Lodge has a right to open a charter. Such a proceeding is not known to our laws. — 1895 Journal, 20, 195, 196, 236, 180, 250. 901. When Lodge may surrender charter. It cannot voluntarily surrender its charter so long as five Third Degree members in good standing object thereto. — Constitution Subordinates, Art. I, Sec. 1. 902. Surrender of charter — Notice. The charter of a Lodge cannot be surrendered so long as five brothers desire to retain it. But before any action is taken to surrender the charter, notice thereof should be sent to all members. It is not necessary, however, to wait to hear from absent members, residing at great distances from the Lodge, as in Alaska or the Philippine Islands.— 1903 S. G. L. Journal, 23, 284, 314. J8 274 Charter and Charter Members. 903. Duty of Lodge about to surrender charter. When a Lodge is about to surrender its charter, owing to its inability to maintain itself, it should deliver the books, papers and other property of the Lodge to its District Deputy Grand Master.— 1887 Journal, 770, 875, 888. 904. The same. A Lodge in surrendering its charter and effects should also relinquish into the control and custody of the Grand Lodge its available and unavailable funds. — 1859 Journal, 473. 905. Surrender. At the meeting at which a Lodge sur- rendered its charter, a member arose and stated that there were five Third Degree members who wished to retain the charter, but that they were not present. They had been duly notified of the meeting and the purpose thereof. If they desired to retain the charter they should have appeared at the meeting and stated their case. — 1897 Journal, 844, 994, 1034. 906. Degree Lodges. Under the written petition of five or more Past Grands, and five or more Third Degree mem- bers of the Order, praying for a warrant to open a Degree Lodge, the Grand Lodge may grant the same; and such Degree Lodge shall receive its charter and the necessary lectures and instructions in the same manner as is provided for Subordinate Lodges. — Constitution Grand Lodge, Art. X, Sec. 1. 907. Restoration of charter. Upon the application of any five or more members of an extinct Lodge, to the Grand Lodge, for the restoration of such Lodge to fellowship, accompanied with satisfactory evidence that a fair oppor- tunity has been given to all who were members in good standing at the time the same became extinct, to unite in such application (except as provided by Section 4 of this Article), such applicants, or such portion thereof as the Grand Lodge may approve of, may be restored to fellowship in said Lodge, together with the charter and effects belong- ing to such Lodge at the time of its extinction, imless such effects shall have been placed in the general fund of the Charter and Charter Members. 275 Grand Lodge, as provided by Section 3 of this Article. — Constitution Grand Lodge, Art. XI, Sec. 6 ; 1884 Journal, 21, 116, 153. 908. Charter arrested — Suspension sustained — Charter restored. When the charter of a Lodge is arrested or the Lodge suspended by the Grand Master during the interval between the annual sessions of the Grand Lodge, such arrest of the charter or suspension of the Lodge is subject to the approval and action of the Grand Lodge at its next session. If the Grand Lodge approves and sustains the suspension and yet restores the charter to the Lodge, it may prescribe the terms and conditions thereof. — 1899 Journal, 657, 658, 679. 909. Revival of Lodge restores officers. When a Lodge is suspended or expelled, its functions cease, not merely as to certain purposes, but all purposes. When the disability is removed, then the Lodge starts again in the exercise of its various functions and the rights of the several members to the offices they held when the disability was imposed, revive with its removal, and they should proceed at once with their respective duties as though there had been no interruption. —1849-1857 S. G. L. Journal, 1391, 1494, 1513-2701, 2764, 2810. 910. Status of members on restoration of a Lodge. When the disabilities are removed for which a Subordinate Lodge is suspended, and said Lodge resumes the exercise of its various functions, the officers and members occupy the same status they did before suspension. But when a defunct Lodge has been resuscitated on the application of only a part of its members, such resuscitation does not restore to membership all its former members who were in good stand- ing at the time of its dissolution. — 1849-1872 S. G. L. Journal, 1477, 1512-5282, 5481, 5540. 911. Charter fee on restoration. When a Subordinate Lodge surrenders its charter, and afterwards applies for its return, the charter fee shall be required, as in case of issuing a new charter.— 1886 S. G. L. Journa!, 10252, 10487, 10511. 276 Charter and Charter Members. 912. Failure to make annual or semi-annual returns for- feits charter. Should this Lodg^e fail to make any of its returns (the annual or semi-annual yeturns), as required by the two preceding sections (that is, Sections 2 and 3 of Article XI, Constitution of Subordinates), for one year, it shall thereby forfeit its charter and become extinct ; and it shall be the duty of the Grand Master or District Deputy Grand Master to withhold the Annual Traveling Password and Semi-annual Password until such returns are made and the amount due the Grand Lodge paid. And it shall be the duty of the last installed officers to transmit or surrender to the Grand Master or his Deputy, the charter, books, papers, furniture and funds of the Lodge. — Constitution Subordi- nates, Art. XI, Sec. 4. 913. Failure to hold meetings for six months. Any Sub- ordinate Lodge failing to hold its meetings for six months, or to make its returns as required by Article IX, Section 3, of this Constitution, for one year, shall be deemed an extinct Lodge, and its charter shall be forfeited. — Constitution Grand Lodge, Art. XI, Sec. 4. 914. Surrender or forfeiture of charter — Duty of officers. Upon the suspension or expulsion of a Lodge, or surrender or forfeiture of its charter, it shall be the duty of its last- installed officers and members, having the custody of the charter, books, papers, property and funds of the Lodge, to assign, transfer and deliver the same, on demand, to the Grand Master, or the District Deputy Grand Master, or to such Past Grand as may be specially deputed by the Grand Master or Grand Lodge to receive the same; and the same shall be held subject to the order of the Grand Lodge. — Constitution Grand Lodge, Art. XI, Sec. 2. 915. Effects and funds in case charter forfeited or sur- rendered. All the effects or funds received by the Grand Lodge from any Subordinate or Degree Lodge, under the last section, shall be kept separate and apart from the prop- erty or funds of the Grand Lodge, and such funds shall not be estimated as a part of the funds of the Grand Lodge, but Civil Officer — Committees. 277 shall be held in trust to be restored, should such Lodge be reinstated, or upon the expiration of the period of suspen- sion ; provided, however, that in the event said Lodge should not be restored to fellowship within one year, the funds of said Lodge shall revert to and become the property of the Grand Lodge, and shall be placed in the general fund thereof. — Constitution Grand Lodge, Art. XI, See. 3. 916. The same. In case of a surrender or forfeiture of the Lodge charter, all the funds and property of the Lodge of whatsoever kind shall be immediately surrendered and delivered up to the Grand Lodge of this jurisdiction, or to its officers or agents properly authorized to receive them. — Constitution Subordinates, Art. IX, Sec. 1. (See Name of Lodge; Number of Lodge; Subordinate Lodge; Rebekah Branch; Terms.) CIPHER KEY. (See Work of the Order; Supplies.) CIVIL OFFICER. 917. In the opinion of the Grand Lodge, no civil officer should be compelled to neglect his duties to attend Lodge duties.— 1863 Journal, 432. (See Fines, Funerals.) COMMITTEES. 918. In Grand Lodge must be appointed from members present. The regular committees of the Grand Lodge shall be appointed from among the members present. — Constitu- tion Grand Lodge, Art. VI, Sec. 2. None except officers of, Past Grand Masters of, and Representatives to the Grand Lodge shall have the right to serve on committees. — Consti- tution Grand Lodge, Art. II, Sec. 2. 919. Regular conunittees. At each annual session of the Grand Lodge the foUowing regular committees shall be appointed : Committee on Credentials, Committee on Finance, Committee on Correspondence, Committee on Appeals, Com- 278 Committees. tnittee on Laws of Subordinates, Committee on Petitions, Committee on State of the Order, Committee on Legislation, Committee on ]\Iileage, Committee -on Printing, Committee on Rebekah Lodges. — Constitution Grand Lodge, Art. VI, Sec. 2. 920. Grand Master appoints. The Grand Master may appoint all committees not otherwise provided for in this Constitution or ordered by the Grand Lodge. — Constitution Grand Lodge, Art. IV, See. 1. 921. Regular committees and elective officers. It is the sense of this Grand Lodge that no elective officer should be placed on any of the regular committees of the Grand Lodge, except wherein provided by the Constitution. — 1900 Journal, 164, 214. 922. When members of committee cannot act. Members of a committee in the Grand Lodge, appointed at one session, cannot serve at the next subsequent session, unless they are Representatives.— 1860 Journal, 33 ; 1869 Journal, 113, 117. 923. When Past Grand cannot be appointed or act. A Past Grand not a Representative cannot be appointed or act on a regular committee of the Grand Lodge. — 1869 Journal, 113, 114, 117. 924. Effect of reference to a committee. The reception and reference of a petition to a committee of the Grand Lodge does not set aside the formal action of the Grand Lodge had upon the subject matter of said petition. — 1872 Journal, 577, 666, 684. 925. Propositions in duplicate — Paper uniform size. All propositions offered for reference to Standing or Select Com- mittees at the present and all future sessions of the Grand Lodge shall be submitted in duplicate and on paper equal in size to at least half a page of foolscap. — 1861 Journal, 157, 158. 926. Grand Lodge cannot appoint a committee to try a member of a Subordinate. A Grand Lodge of a State has no '\ '' Committee of the Whole. 279 power to appoint a committee of the Grand Lodge to try a brother of a Subordinate Lodge. It may, however, order a Subordinate Lodge to try a member, and to the Order the Subordinate Lodge must yield obedience. — 1871 S. G. L. Journal, 4993, 5194, 5245. Note. — As to committee to in- brother's conduct, etc., see Sec- vestigate rumors regarding a tion 3262. 927. Duty of Noble Grand. It is the duty of the Noble Grand to see that committees of the Lodge perform their respective duties, as enjoined by the several charges and laws. — Constitution Subordinates, Art. VII, Sec. 1. 928. When Noble Grand to appoint. It is the duty of the Noble Grand to appoint all committees not otherwise pro- vided for. — Constitution Subordinates, Art. VII, Sec. 1. 929. Must be of the Third Degree. Under the law requir- ing the business of a Lodge to be transacted in the Third Degree, no brother should be appointed on any committee required to be appointed or elected by law who is not a member of the Third Degree.— 1883 Journal, 1001, 1150, 1175. 930. Building Committee — Members of the Order. A Noble Grand has no right to appoint a person not a member of the Order on a Building Committee of a Subordinate Lodge.— 1901 Journal, 408, 551, 562. 931. Reports of committees. The reports of all com- mittees, or the substance thereof, as the Lodge may order, should be noted or entered in the minutes of a Subordinate Lodge.— 1859 Journal, 508, 509. (See Business of Grand Lodge, Credentials, Finance, Cor- respondence, Appeals, Laws of Subordinates, Petitions, State of the Order, Legislation, Mileage, Printing, Rebekah Branch, Standing Committee, Trials, Membership, Benefits.) COMMITTEE OF THE WHOLE. 932. Procedure in such cases. When a Lodge resolves itself into a Committee of the Whole, it is proper to call 280 Communications to Lodges. some member to the chair, who presides over the committee during its session, and, when the committtee rises, reports the action of the committee to the Nyble Grand, after which the subject matter is subject to the action of the Lodge. The person acting as chairman of the Committee of the Whole is not entitled to occupy the seat of the Noble Grand, but should occupy an elevated seat near the Right Supporter of the Noble Grand. During the time the committee is in session the Noble Grand must retain his seat, nor can any brother enter or retire during such time, except in the manner prescribed by the rules and usages of the Order. It is usual in legisla- tive bodies for the house to consider itself as in Committee of the Whole for the purpose of considering the special matter incorporated in the motion or resolution. In all such cases the presiding officer retains his seat and presides over the committee, and reports back to the house after the committee rises — and there is no objection to such action by a Lodge — in which event the Noble Grand would retain his seat.— 1860 Journal, 48. COMMUNICATIONS TO LODGES. 933. Instructions to Representatives. A Lodge has not the right to send to another Lodge copies of its resolutions of instructions to its Representatives to the Grand Lodge. — 1887 Journal, 771, 875, 888. 934. Certain communications prohibited — Consent of Grand Master. This Grand Lodge has already held it to be law, that Lodges should nat pass resolutions for circulation among the other Lodges in the jurisdiction without the con- sent of the Grand Master. Every Lodge has the right to respectfully express its views upon any subject of Grand Lodge legislation, but it has no right to send these views to other Subordinates, and thus seek to secure a concert of action elsewhere than on the floor of the Grand Lodge. — 1871 Journal, 441, 471; 1879 Journal. 136, ir3l. 935. The same— Action of Sovereign Grand Lodge. Sub- ordinate Lodges shall not pass resolutions or take oljher action deprecating or condemning the action of the Sov- Concert. 281 ereign Grand Lodge and circulate them among their sister Lodges. Such communications savor too strongly of insub- ordination and cannot be permitted. — 1871 Journal, 368, 432. 936. The same — Combinations to control legislation — Votes. A Lodge has no right to send a circular letter to other Lodges requesting the Lodges to instruct their dele- gates to the Grand Lodge to vote for certain legislation, or for the purpose of forming combinations to control the legislation of the Grand Lodge, or to endeavor thereby to secure a concert of action elsewhere than on the floor of the Grand Lodge.— 1899 Journal, 443, 471, 631, 675, 650, 677. 937. Secretary's duty to read. It is the duty of the Recording Secretary of a Lodge to read all communications addressed to the Lodge, and it is for the Lodge to decide what action shall be taken thereon ; the Secretary has no option in the matter.— 1889 Journal, 33, 122, 163. 938. How received. It does not necessarily require a vote to receive a communication, but the Noble Grand may announce that it will be received and placed on file (or other- wise) if there be no objections. — 1862 Journal, 305. 939. Conununications from Grand Master and Grand Secretary. An abstract of all communications from the Grand Master and Grand Secretary shall be entered on the minutes, and the originals numbered and such number entered on the minutes, and the papers kept on file in the order of their numbers; provided, that the notices of sus- pension, expulsion and rejections shall be written upon the black book and the fact of their reception entered on the minutes. — 1868 Journal, 495, 511. 940. Communication from Grand Master. A communi- cation from the Grand Master over his signature is official, and it is the duty of the Lodge to receive it as such. — 1878 Journal, 819, 928, 965. CONCERT. 941. Sacred one on Sunday. It is a violation of the laws of the Sovereign Grand Lodge for a Lodge to give a sacred 282 Consolidation of Lodges. concert on Sunday in a theatre or public hall, using the name of the Order, charging an admission fee, and using the proceeds for its benefit.— 1904 S. G. L. Journal, 543, 752, 820. CONSOLIDATION OF LODGES. 942. Procedure to consolidate — Prohibited except under special circumstances. Whenever two Lodges desire to con- solidate and form one Lodge, each for itself shall address a petition to that effect to this Grand Lodge or to the Grand Master, in case, at the time of presenting the same, it is more than three months before the annual session of the Grand Lodge, showing that the question of such consolidation was submitted to each of the petitioning Lodges, and carried by an affirmative vote of three-fourths of all members present in each Lodge at the time of the voting, and provided there are not five Third Degree members, in good standing of one of the Lodges, who object or protest against the same. Pro- vided a final vote on the question of such consolidation shall not be had in any Lodge until after the resolution for such consolidation has been offered in writing and read at each successive meeting of the Lodge for one month prior to such vote; and provided, further, that the time for final action thereon shall be fixed at the time such resolution is offered. The petition shall show that the foregoing requirements have been complied with, and shall also state which Lodge the petitioning Lodges shall be consolidated into, and the date at which the consolidation shall take effect. Upon receipt of such petitions, the Grand Lodge or Grand Master may grant or refuse the consolidation prayed ; but if granted by the Grand Master it shall be upon the express condition that he grants the same conditionally and subject to the approval or disapproval of the Grand Lodge ; and if granted, a warrant to that effect shall issue, signed by the Grand Master, and attested by the Grand Secretary, under the seal of the Grand Lodge, and the consolidation shall take effect at the date fixed in the petition, unless otherwise fixed by the Grand Master or Grand Lodge. In cases of consolida- tion, all of the property of the Lodge which consolidates into another Lodge shall vest in the Lodge receiving the other Consolidation of Lodges. 28.3 Lodge, and shall attach and incorporate into it the entire membership of such Lodge as if it had gained the same by initiation. Provided, that three or more Lodges shall not consolidate, and that a Lodge shall not consolidate into or with another Lodge except where, from lack of members and want of funds or means to maintain a Lodge, there is no reasonable hope of preserving its existence, and the sur- render of its charter or its extinction is inevitable, and consolidation shall only be permitted under extraordinary circumstances and in extreme cases.— Grand Lodge Consti- tution, Art. IX, Sec. 6. 943. Policy of Grand Lodge. Resolved, That it shall be the policy of this Grand Lodge to prevent the destruction of Lodges, whether by consolidation or otherwise, and that the consolidation of two Lodges into one shall only be per- mitted under extraordinary circumstances and in extreme eases. (See Preamble to this resolution.) — 1903 Journal, 167, 185. 944. Six votes in the negative. Six brothers voting in the negative defeat a resolution to consolidate with another Lodge.— 1905 Journal, 743, 932, 948. Note. — Consolidation of two against the same. — 1904 S. G. L. Lodges is defeated wlien five .lournal, 545, 752, 820. members of either Lodge vote 945. Members standing. When two or more Lodges are consolidated, the members of all the Lodges stand in the same position to the Lodge into which they have been con- solidated, 80 far as membership is concerned, as they did in their own former Lodge.— 1896 Journal, 412, 581, 628. 946. Expelled brother — Lodge consolidation and rein- statement. After a brother has been expelled and the Lodge consolidated into another Lodge, the expelled brother must apply for reinstatement to the latter Lodge, and that Lodge must ask for and obtain from the Grand Master a dispensa- tion to refer the proposition to a committee of investigation, etc., the same as in case of a newly proposed member. The 284 CONSOLlDATfON OF LODGES. dispensation cannot be granted to an individual, but must be issued to a Lodge. — 1895 Journal, 56, 195, 196. 947. Dismissal certificate — Reinstatement — Card. When the Lodge of a brother who has been suspended for non- payment of dues thereafter consolidates into and is made a part of another Lodge, the brother can apply to the Ijodge into which his Lodge is consolidated for a Dismissal Certifi- cate or for reinstatement and then for a card. — 1904 Jour- nal, 397, 541, 553. 948. Form of warrant. The Grand Lodge has approved a form of warrant for consolidating Lodges. (See Form Xo. 4 of the Forms affixed to this Digest.) — 1896 Journal, 393, 593, 635. 949. Effect of consolidation — Property — Suspended mem- bers. By the act of merging, the rights, properties and fran- chises of each are united together, forming in fact a new body, possessing the rights, powers and franchises of both. Suspended members sustain the same relation to the consol- idated body that they did to their own before consolidation. The new Lodge can reinstate or grant Dismissal Certificates to the suspended members of either. — 1888 S. G. L. Journal, 11101, 11368, 11396. 950. Rituals returned to Grand Secretary. Where two Lodges consolidate, all Rituals coming into possession of the Lodge formed from such consolidation other than the four Rituals to which every Lodge is entitled, should be returned to the Grand Secretary as the property of the Grand Lodge, and a Lodge is not entitled to compensation for such return. —1898 Journal, 13, 221, 240. 951. Noble Grands — Honors of the office. When two Lodges consolidate before the end of a term the Noble Grand of the Lodge surrendering its charter does not become a Past Grand, unless he has served a majority of nights of his term. The officers of the Lodge which is consolidated into another Lodge who have served a majority of the nights of the term are entitled to the honors of the office. — 1898 Journal, 220, 240; 1889 S. G. L. Journal, 11723, 11770. Constitution and Laws of S. G. L. 285 CONSTITUTION AND LAWS OF SOVEREIGN GRAND LODGE. 952. Paramount to all laws. The Constitution and Laws of the Sovereign Grand Lodge are paramount to all State laws of our Order, and the latter and other laws, so far as they contiict with the former, must yield or give way to them.— 1859 Journal, 473; 1897 S. G. L. Journal, 15176, 15534, 15584. NoTE.^Its Constitution and are the supreme law of the Order — Laws made in pursuance thereof ( S. G. L. Constitution, Art. XX ) . 953. Duty to Sovereign Grand Lodge. It is the first duty personally, as well as in organized bodies of our Order, to recognize the authority of the Sovereign Grand Lodge. Any brother refusing such recognition or obedience is unfaithful to the duties and obligations assumed when becoming a member of the Order. — 1864 Journal, 520. 954. When its general laws take effect. All general laws passed by the Sovereign Grand Lodge, not otherwise specially provided for shall go into effect on the first day of January after their passage. — 1879 S. G. L. Journal, 8090, 8176. 955. When amendment to its Constitution takes effect. An amendment to the Constitution of the Sovereign Grand Lodge goes into immediate effect on its adoption. — 1840- 1878 S. G. L. Journal, 341, 7890. 956. Duty of Grand Master to enforce. The Grand Mas- ter shall preside at all sessions of the Grand Lodge of this State, etc., and enforce a due observance of the Constitution and By-Laws of the Sovereign Grand Lodge. — Constitution Grand Lodge, Art. IV, Sec. 1. 957. Subordinate Lodge must obey. A Subordinate Lodge is bound to obey the laws enacted by the Sovereign Grand Lodge before the same are reported by the Grand Representatives to the Grand Lodge of a State. — 1866 Jour- nal, 198, 214. 286 Constitution of Grand Lodge. 958. Are laws of each Lodge. The Constitution, laws and decisions of the Sovereign Grand Lodge are laws of each Lodge, and all persons by becoming and continuing members of a Lodge consent to and agree to abide by the same. — Constitution Subordinates, Art. IV, Sec. 7. 959. The Constitution of the Sovereign Grand Lodge. It is prefixed to this Digest, page 3. (For an Index thereto, see the Index to this Digest, under the head, Sovereign Grand Lodge.) CONSTITUTION OF GRAND LODGE. 960. How amended. Section 1. Any amendment or alteration may be made to this Constitution at any regular Annual Communication of this Grand Lodge, by a vote of two-thirds of the Kepresentatives present ; provided, all such alterations shall be proposed one day before action thereon. — Constitution Grand Lodge, Art. XV, Sec. 1. Note. — The Constitution of Grand Bodies and all amendments thereto, whether of a purely local character — (1858 S. G.L. Journal, 2889, 2923, 2963), or in reference to the sessions of the Grand Body — (1866 S. G. L. Journal, 3876, 3953, 3987 ) , or for the creation of a Legislative Committee — (1867 S. G. L. Journal, 4146, 4170), must be approved by the Sovereign Grand Lodge before they can be- come operative or of any binding force. After such approval they become the organic law and do not depend upon any future action for validity— (1847 S. G. L. Journal, 1058; 1872 S. G. L. Journal, 5517, 5547; 1873 S. G. L. Journal, 5824, 5861). If Sovereign Grand Lodge is not in session, the Grand Sire may approve or reject an amend- ment subject to the subsequent final approval of the Sovereign Cirand Lodge— (1894 S. G. L. Journal, 14091, 14146). An amendment to the Constitution of a State Grand Body must be adopted by the State Grand Body before it will be approved by the Sovereign Grand Lodge — (1870 S. G. L. Journal, 4840, 4809 ; see also, 1880 S. G. L. Journal, 8211, 8337, 4840). The provisions of the Con- stitution should be as simple, di- rect and comprehensive as pos- sible, without unnecessary prolix- ity; and free from clauses, sen- tences or paragraphs imperfect or incomplete in tliemselves — (1860 S. G. L. Journal, 3268, 3270). The Sovereign Grand Lodge has abimdant power to direct a Grand Lodge to remove any clause or article from its Constitution or By-Laws which may conflict with the fundamental laws of the Or- der, even though said Constitution and By-Laws have been approved by the Sovereign Grand Lodge — Constitution of Grand Lodge. 287 (1847 S. G. L. Journal, 1063, 1090). The Constitution of a State Grand Body can only be amended in the manner prescribed by the Constitution itself — (1873 S. G. L. Journal, 5804, 5945, 5953) , although it be merely to amend a provision so as to make it conform to the law of the Sovereign Grand Lodge with which it conflicts — (1874 S. G. L. Journal, 6250, 6323). A revised is an amended Constitution and must be passed as an amendment. Where amend- ments are required to be adopted by a two-thirds vote, the revised instrument comes under the same requirements— (1853 S. G. L. Journal, 2116, 2173). A resolu- tion construing a Constitutional provision must be passed by the same vote and with all the for- malities required to amend the article it proposes to construe — (1853 S. G. L. Journal, 2118, 2170, 2172). A resolution passed with all the formalities to amend the Constitution of a Grand Body does legally amend the Constitu- tion in the particulars specified therein, although it does not re- fer to the section which it amends — (1878 S. G. L. Journal, 7760, 7832). When the Constitution of a Grand Lodge requires a vote of two-thirds on the adoption of an amendment, but does not ex- pressly declare it shall be a vote of two-thirds of the Lodges of the entire jurisdiction, two- thirds of the votes of the Lodges present, as a quorum, is sufficient to adopt a proposed amendment — (1859 S. G. L. Jour- nal, 3092, 3115). Grand Lodges in submitting their Constitutions or amendments thereof to the Sov- ereign Grand Lodge for approval, are required first to furnish the Grand Secretary of the Sovereign Grand Lodge a complete copy of their Constitution, with all amend- ments thereto, accompanied with a certificate from the Grand Lodge, attested by its Grand Secretary and the seal of the Grand Lodge attached — (1870 S. G. L. Journal, 4929). All laws sent to the Sov- ereign Grand Lodge for approval shall bear the seal of the Lodge adopting them, and all documents without seal (where the Body has one) shall be returned without consideration — (1872 S. G. L. Journal, 5518, 5547). 961. Duty of Grand Master. Grand Master shall preside at all sessions of the Grand Lod^e, etc., and enjorce a due observance of the Constitution and Laws of this Grand Lodpe. — Constitution Grand Lodge, Art. IV, Sec. 1. 962. Construction of Grand Lodge Constitution by Grand Master. The interpretation of the Constitution of a Grand liody during: its recess is vested in its principal officer, sub- ject to a review by such Grand Body at its session following, and it is the duty of such officer to administer the local law according to his conscientious interpretation thereof. The responsibility of interpreting and executing the local law 288 Constitution of Grand Lodge. rests on the Grand Master.— 1893 S. G. L. Journal, 13258, 13548, 13671 ; 1903 S. G. L. Journal, 51, 52, 282, 314. 963. An act of a Grand Lodge-^Power of the Grand Master. A Grand Master has not the power to interpret the Constitution of his Grand Lodge as it applies to an act already committed by his Grand Lodge. The Grand Lodge must be held to have interpreted its Constitution in the passage of the act in question, and its Grand Master has no power to set it aside.— 1902 S. G. L. Journal, 544, 994, 1006. 964. Constitutional provision when clearly void. A Grand Master may disregard a Constitutional provision of his Grand Lodge if it is clearly in conflict with the law of the Sovereign Grand Lodge. — 1896 S. G. L. Journal, 14682, 14948, 15019. 965. Construction of Grand Lodge Constitution — Grand Sire. That part of Section 1, Article IV (Duties of Grand Sire), of the Sovereign Grand Lodge, which reads: **He may hear and decide such questions, other than questions arising out of the Constitutions of the several State, District or Terri- torial Grand Lodges or Grand Encampments, as may be submitted to him by the several State Grand Lodges and Grand Encampments, or by the Grand Masters or Grand Patriarchs thereof, or by the Grand Representatives, or bj^ the Subordinate Lodges or Encampments under the imme- diate jurisdiction of this Sovereign Grand Lodge," was amended in 1905 by striking out the words, ** other than questions arising out of the Constitutions of the several State, District or Territorial Grand Lodges or Grand Encampments."— 1905 S. G. L. Journal, 333. 966. Law of each Lodge. The Constitution, laws and decisions of the Grand Lodge are laws of each Lodge, and members consent to and agree to abide by the same. — Con- stitution Subordinates, Art. IV, Sec. 7. 967. The Constitution of the Grand Lodge. It is prefixed to this Digest, page 32, and is also disposed under appro- priate heads therein. Constitution of Subordinates. 289 CONSTITUTION OF SUBORDINATES. 968. Framing such Constitution — Sovereign Grand Lodge. The Sovereign Grand Lodge has no power to direct Grand Bodies how to frame the Constitution of their Sub- ordinate Lodges, except that such Constitutions shall not be in conflict with the general law as established by the Sover- eign Grand Lodge.— 1895 S. G. L. Journal, 14430, 14461. 969. How amended. The Constitution of Subordinate Lodges may be amended by submitting at a regular session of this Grand Lodge a proposition in writing, containing a copy of each section as proposed to be amended, which prop- osition shall be laid over until the next regular session of the Grand Lodge, when further amendment or alteration of such section may be proposed and acted upon, and if such section as finally amended receive the affirmative vote of two-thirds of the Representatives present, it shall be adopted; provided, however, if a case of urgency is pre- sented, the Grand Lodge may, by affirmative vote of three- fourths of the Representatives present, adopt an amendment at the same session at which it was offered. The Grand Secretary shall, on or before the first day of March of each year, mail a printed copy of all proposed amendments to each Subordinate Lodge. — Constitution Grand Lodge, Art. IX, Sec. 5. 970. The same. These Articles, or any part thereof, shall not be altered, amended or annulled, except as provided in Section 5 of Article IX, Constitution of the Grand Lodge. — Constitution Subordinates, Art. XIII, Sec. 2. 971. Doubt as to meaning. When any doubt arises as to the true meaning of any part of these Articles, it shall be determined by the Grand Lodge. — Constitution Subordi- nates, Art. XIII, Sec. 1. 972. Illegal amendment. An amendment to the Consti- tution of Subordinates by a Grand Body, in conflict with its own organic law, is illegal. — 1884 S. G. L. Journal, 9503, 9734, 9801. 19 290 Contempt. ♦ 973. By-Laws. Any By-Law of a Lodge contrary to the Constitution of Subordinates is null and void. — 1864 Jour- nal, 573. 974. Uniform Constitutions. State Grand Bodies being expressly declared the legislative heads of the Order, in their several jurisdictions, have unquestionably the power to adopt a uniform system of Constitution for their Subordinates, and the Subordinates are bound to conform thereto. — 1842-1848 S. G. L. Journal 496, 1235, 1286, 1317. Grand Lodges have the power to adopt Constitutions for the government of their Subordinates and to alter or amend them. — 1905 S. G. L. Journal, 41, 219, 243. 975. Grand Master cannot suspend or annul. The Grand Master cannot suspend or annul any part of the Constitu- tion of Subordinates. — Los Angeles Lodge, 1876 Journal, 505, 509. 976. Signing the Constitution. Resolved, That all Lodges of this jurisdiction are required to have the Consti- tution of Subordinates existing at the time of the admission of new members, for them to append their signature thereto, as required by our laws. — 1890 Journal, 449. 977. The Constitution of Subordinates. (It is affixed to this Digest and is also disposed under appropriate heads therein.) CONSTITUTION OF REBEKAH ASSEMBLY. It is affixed to this Digest. For index thereto, see index to this Digest under the head "Rebekah Branch." CONSTITUTION OF REBEKAH LODGES. It is affixed to this Digest. For index thereto, see index to this Digest under the head "Rebekah Branch." CONTEMPT. 978. Resolutions bringing Grand Lodge into contempt. It is incompatible with all usages and laws of our Order for any Subordinate Lodge to pass preamble and resolutions Contempt. 291 bringing the Grand Lodge into contempt, or calling in ques- tion any of its actions, or any retaliatory resolution thereto. —1865 Journal, 8, 39, 41. 979. Refusing or neglecting to stand trial. If the accused refuse or neglect to stand trial when duly sum- moned, the committee shall report him guilty of contempt of the Lodge, and, if the Lodge sustain the report, and find the accused guilty of contempt, the punishment shall be expul- sion, and the Noble Grand shall enforce it and declare the accused expelled. Constitution Subordinates, Art. VIII, Sec. 5. 980. The Lodge must adjudge the accused guilty. Where a Trial Committee reported the accused guilty of contempt, and the Lodge adopted a motion that the report *'be accepted," and the Noble Grand thereupon declared the accused expelled, the action of the Noble Grand was illegal, as the Lodge had taken no action on the report. A motion to accept a report in parliamentary proceedings means to receive for further action, and to receive a report is not equivalent to adopt. In matters of expulsion for contempt, the Lodge's action should show clearly that the Lodge has adopted the report of the committee in such cases, or has declared the brother guilty of contempt. — McLain vs. Moke- lumne Lodge, 1899 Journal, 544, 612. 981. Cause or excuse for neglect to stand trial. A brother duly summoned to stand trial before a Trial Committee must appear in person or by attorney or some brother, or send a communication or word to the committee. He must recog- nize and respect the authority of the committee in some way. If he do not, and he be declared guilty of contempt of the Lodge by the committee, and desires to be relieved there- from, he must present proof or evidence to show that he had a reasonable cause or excuse for such neglect to stand trial. —Clark vs. America Lodge, 1899 Journal, 548, 549, 612. 982. Refusing to perform official duties. A Trustee or other officer can be legally charged with contempt who posi- 202 Contempt. tively refuses to perform official duties assigned him by his Lodge.— 1875 Journal, 300, 301. 983. Contempt deianed. The Sovereign Grand Lodge ha^ defined a contempt to be, "the refusal or willful neglect of a member to appear and answer to charges preferred against him," or ** willfully absenting himself to avoid the service of notice." — Unity Lodge vs. Bernard, 1872 Journal, 561, 653. (See also, 1849 S. G. L. Journal, 1502, 1513.) Note. — A brother who appears the Lodge, and he cannot be pun- before the Trial Committee by ished in such case for not appear- counsel, ready to proceed with the ing in person — (1874 S. G. L. case, is not guilty of contempt of Journal, 6283, 6322). 984. The same. In order to constitute contempt, there must be an intentional refusal and willful neglect to respond to the summons after its service, or it must be shown that the accused willfully absented himself to avoid the service of notice. — Donati vs. Cayucos Lodge, 1895 Journal, 135, 178. 985. Law concerning must be strictly complied with^ Proof required. To deprive a brother of the rights of an Odd Fallow, without trial, the law concerning expulsion for contempt by refusing to stand trial must be strictly complied with, and proof in the form of certificate of service of sum- mons and copy of charges as prescribed by the Grand Lodge, or in the form of affidavit under oath, or upon the honor of an Odd Fellow, or testimony of a witness under oath, or upon the honor of an Odd Fellow, must establish the facts and that proof must appear in the record. — Race vs. Fortuna Lodge, 1892 Journal, 99, 119. 986. Contempt and expulsion rests upon the committee's report. A judgment of expulsion for contempt in refusing to stand trial does not rest upon the original charges — upon their sufficiency or insufficiency, but upon the report of the Trial Committee finding the accused guilty of contempt in refusing to appear before it. — Swain vs. Merced Lodge, 1895 Journal, 130, 177. 987. Presumption as to report for contempt. The report finding the appellant guilty of contempt carries with it the Contempt. 29^^ presumption that the committee did not act hastily or ille- gally in the matter, and when there is nothing to rebut such presumption, the finding of the committee is conclusive on appeal. — Swain vs. Merced Lodge, 1895 Journal, 131, 177. 988. Action upon report of Trial Committee. A Lodge may act upon the report of a Trial Committee reporting an accused brother guilty of contempt of the Lodge in refusing or neglecting to stand trial, under Section 5, Article VIII, Constitution of Subordinates, at the same meeting at which it is presented, or forthwith on its presentation. — Roe vs. Eel River Lodge, 1891 Journal, 666, 674 ; 1864 Journal, 565 989. Pleads not guilty, gives names of witnesses and then absent. To constitute a violation of Article VIII, Section 5, of the Constitution of Subordinates, the accused must refuse or neglect to stand trial when duly summoned. Where the accused obeys the summons (respectfully in person or by counsel), appears before the committee, pleads not guilty, gives the names of his witnesses, and is desirous of trial, the mere fact that he fails to appear at an adjourned meeting of the committee is not the refusal or neglect to stand trial within the meaning of the Constitution. — Meyer vs. Hermann Lodge, 1876 Journal, 452, 467 ; 1872 Journal, 561, 653 ; Treas- ure vs. Evergreen Rebekah Lodge, 1895 Journal, 144, 179. *990. Where accused desires to stand trial. Where the accused desires to stand trial, recognizes the authority of the committee, answers the summons, gives the names of his witnesses, etc., he is not guilty of contempt. — Jensen vs. Ana- heim Lodge, 1878 Journal, 889, 934. 991. Accused demurs and answers and then absent. Where the accused appears before the committee and demurs and answers the charges, the mere fact that he fails to appear at the subsequent meeting of the committee is not the refusal or neglect to stand trial within the meaning of the Consti- tution of Subordinates. — Galvin vs. Stella Lodge, 1887 Jour- nal, 652, 666. 992. Accused appears a number of times and then absent. Where the accused respected and recognized the authority 294 CoNTEMFr. of the committee, obeyed the summons, appeared before the committee, objected to a member of the committee, demurred to the charges, and appeared a nunij)er of times before the committee, the mere fact that he failed to appear at the adjourned meeting of the committee is not the refusal or neglect to stand trial within the meaning of the- Constitu- tional provision. — Porter vs. Anaheim Lodge, 1896 Journal, 527, 558. 993. Accused answers the summons and by letter asks a continuance. An accused who answers the summons, and sends a letter to the committee at its first meeting stating that he is not prepared to proceed and asking for a contin- uance, respects and recognizes the authority of the com- mittee, and is not guilty of contempt. The Trial Com- mittee should be liberal in granting one continuance, but where the continuance is justly refused, the committee may proceed with the trial and the accused is presumed to waive his right to be present. — Treasure vs. Evergreen Rebekah Lodge, 1895 Journal, 136, 178. 994. Right to appear by counsel. By direct adjudication, as well as by constant practice, the right of the accused brother to appear at a trial by counsel, absenting himself therefrom, has been constantly recognized and enforced. — Petit vs. Eureka Lodge, 1865 Journal, 44, 61. * 995. Answering the summons by written communication. When the accused did not appear before the Trial Committee, but answered the summons by writing and signing thereon the following communication, which was presented to the committee : Dear Sirs and Brothers — In answer to the within specifi- cations of charges, will state my health is not in a condition to watch at the sick bed ; on the other hand, I don't consider you have at any time notified me to watch over sick mem- bers. . As no legal notice has been served, and as I am unwill- ing to be a target and example, I shall decline to meet in my defense — Contempt. 296 he is not guilty of contempt, under Section 5, Article VIII, Constitution of Subordinates. The Trial Committee, on receipt of that communication, should have proceeded with the trial of the charges on the merits. — Campbell vs. Monte- zuma Lodge, 1904 Journal, 519, 527. 996. Refusing to obey suspended officer. No brother can commit contempt in refusing to obey a suspended officer. Nor is any member bound to obey usurpation, or respect the commands of a Noble Grand who has no legitimate authority to act and no right to preside. — Brown vs. Coloma Lodge, 1858 Journal, 371, 372. 997. Failing to appear to receive reprimand. A Lodge cannot, on the ground of contempt or otherwise, expel a brother for failing to appear in obedience to a summons from his Lodge to receive a reprimand previously fixed as part of a punishment adjudged on account of a verdict upon charges theretofore tried and determined against him in the Lodge. He should be suspended, "until he so attend and be reprimanded." — Marlette vs. Brooklyn Lodge, 1863 Jour- nal, 427; 1864 Journal, 544, 564. 998. Certain act of Trustee not contempt. The act of a Trustee in refusing to draw from the bank a large sum of money and to make payment of the same upon a lot pur- chased by the Lodge, cannot be said to be in contempt of the Lodge, unless such refusal occurs after the instruction to said Trustee has been given him properly signed by the officers of the Lodge and under the Lodge seal. This is a protection to the Trustee, and the thing he is entitled to demand, and without which his refusal can in no sense be said to be in contempt of the Lodge. — Smith vs. St. Helena Lodge, 1880 Journal, 322, 351. 999. In case of suspension for non-payment of dues. The penalty in case of a brother who has been adjudged guilty of contempt for refusing to stand trial, who had, two weeks previous to the time judgment was pronounced, ceased mem- bership for non-payment of dues, should be expulsion. — 1867 Journal, 346, 359. 296 Contempt. 1000. Absent through misunderstanding or sickness. Where an accused brother and his counsel are both absent from the meeting of the committee through sickness or mis- understanding, it is not contempt. — Fowles vs. Mound Lodge, 1886 Journal, 658, 662. Note. — A member violates no is no cause for a charge of con- law or obligation in neglecting to tempt — (1882_S. G. L. Journal, answer letters written to him by 8988, 9085; 1884 S. G. L. Journal, his Lodge in reference to his claim 9684, 9791). for his benefits, and such neglect 1001. Accused answers the sununons and asks a con- tinuance. An accused who answers the summons and sends a letter to the committee at its first meeting, stating that he is not prepared to proceed, and asking for a continuance, respects and recognizes the authority of the committee and should not be adjudged guilty of contempt. The Trial Com- mittee should be liberal in granting one continuance; but where the continuance is justly refused, the committee may proceed with the trial and the accused is presumed to waive his right to be present. — Farmer vs. Granite Lodge, 1878 Journal, 886, 913 ; Cameron vs. Konokti Lodge, 1878 Jour- nal, 931, 970; Jensen vs. Anaheim Lodge, 1878 Journal, 889, 934. 1002. Accused absent, but answers the summons. The right to be present at the trial is personal to the accused, which he may exercise or waive. If his waiver be courte- ously expressed, in other words, if he answer the summons by written communication respectfully in person, or by counsel, he is not guilty of contempt by not appearing before the committee. — Petit vs. Eureka Lodge, 1865 Jour- nal, 44, 61; Farmer vs. Granite Lodge, 1878 Journal, 883, 913 ; Campbell vs. Montezuma Lodge, 1904 Journal, 527. 1003. Duty of Noble Grand. When the Constitutional provisions have been complied with in the case of a brother who has been reported to his Lodge by the Trial Committee as guilty of contempt in refusing to stand trial on charges, and the report has been adopted by the Lodge, the Noble Contracts — Correspondence. 297 Grand should enforce the penalty of expulsion forthwith. — 1864 Journal, 565; Constitution Subordinates, Art. VIII, See. 5. 1004. Defective record on appeal. Where the record on appeal does not show that the appellant was summoned to answer to the charges, or that the charges were ever served upon him, or any material fact except that charges were preferred against the brother, and the committee reported him guilty of contempt and the Lodge expelled him, the judgment of the Lodge will be reversed. — Vaughn vs. Fresno Lodge, 1881 Journal, 571, 580. 1005. Before expelled for contempt must be reported guilty thereof. Where the Trial Committee meets at a cer- tain time and place, after duly summoning the accused to be present, and after waiting an hour, the accused does not appear, the committee should report the accused ''guilty of contempt** in not appearing, before the accused can be expelled for contempt under the law. — McAllister vs. Colusa Lodge, 1885 Journal, 401, 431. . CONTRACTS. 1006. Lodges not to enforce private contracts. To make the Lodge the tribunal to enforce private contracts made between brothers of the Order, when no actual fraud appears, would be highly improper. Such a mode of procedure would tend rather to increase than diminish disputes among the brotherhood.— 1871 Journal, 403, 404, 429. (See Agreement; Offenses.) CORRESPONDENCE. 1007. Committee on Correspondence. The Committee on Correspondence shall consist of three members, whose duty it shall be to examine, conduct and report on all correspond- ence of the Grand Lodge, and to suggest any measure in the nature of the business of their appointment. — Constitution Grand Lodge, Art. VI, Sec. 5. 298 Counsel. 1008. The same — A regular committee. It is a regular committee appoiuted each session of the Grand Lodge from among the members present. — Constitution Grand Lodge, Art. VI, Sec. 2. COUNSEL. 1009. Must be an Odd Fellow in good standing. It is the settled law that an accused brother has the right to coun- sel, but that the counsel must be an Odd Fellow in good standing. If counsel not in good standing, he cannot speak or take part in the proceedings. — Paul vs. Laurel Lodge, 1885 Journal, 355, 367 ; 1863 Journal, 432 ; 1885 Journal, 286, 403, 432; Christensen vs. San Leandro Lodge, 1903 Journal, 125, 127, 154. 1010. In benefit investigations. A brother who has de- manded an Investigating Committee to hear evidence as to whether he is entitled to benefits, is entitled to counsel. — Robinson Appeal, 1887 S. G. L. Journal, 11018, 11035. (See Section 3208, as to speaking on penalty on charges.) 1011. Lodge may have counsel. A Lodge has a right to employ or accept the service of a brother to prosecute charges. — Billings vs. Eureka Lodge, 1892 Journal, 695, 697, 723. 1012. The same. A Lodge has the- right to employ a brother to represent it in the prosecution of a cause before it. — Hankerson vs. Santa Lucia Lodge, 1891 Journal, 664, 674. 1013. The same — Benefit investigation. A Lodge has a right to authorize an Investigating Committee, as to a claim for benefits, to employ counsel for the Lodge. — Alexander vs. Eureka Lodge, 1891 Journal, 689, 716. (See Section 3256 as to offensive or disorderly conduct.) 1014. Duty of counsel — Right to refuse such employment. A brother is not bound to accept employment as counsel for a member of a Subordinate Lodge who has charges pre- ferred against him, but if he does accept, he is bound to use Credentials. 2d9 all honorable means in his defense. — 1902 S. G. L. Journal, 552, 988, 1004. 1015. Duty of counsel to the Order and its membership. A counsel for a brother on trial in a Subordinate Lodge or on an appeal is not relieved from a worthy member's fealty to the Order and its membership. A member's fealty to the Order is greater than to any individual member thereof. — 1902 S. G. L. Journal, 552, 988, 1004. CREDENTIALS. 1016. Committee on Credentials. The Committee on Cre- dentials shall consist of five members, who shall be appointed by the Grand Master who is holding over, or the incumbent of the chair at the time of opening the session, and whose duty it shall be to examine and report to the Grand Lodge on the credentials and certificates of members. — Constitution Grand Lodge, Art. VI, Sec. 3. 1017. The same. It is a regular committee appointed at each annual session from among the members present. — Con- stitution Grand Lodge, Art. VI, Sec. 2. 1018. List of Representatives and Past Grands to be sent to Grand Secretary. The Recording Secretaries of all Lodges shall forward to the Grand Secretary a certificate under seal, containing the list of Representatives elect, and of Past Grands in good standing, at least ten days prior to the ses- sion of the Grand Lodge in each year. The Grand Secretary shall provide the necessary blanks. — 1859 Journal, 529. Note. — The certificate that a and the common law of all legis- person has served a term as Noble lative bodies, no newly elected Grand is merely prima facie evi- member has any rights as snch dence of qualification for admis- until his credentials have been sion to a Grand Lodge ; and if that properly passed upon by the Body Body ascertain, even after admis- to which he has been elected. It sion to a seat, that the facts as- follows that until he is so admitted serted in the certificate are in- to membership in the Body, he has correctly stated, the certificate no right in any manner or for any may be set aside, and the seat purpose to claim the title or exer- founded thereon may be vacated — cise any of the functions of a (18.55 S. G. L. Journal, 2460, member of the Body— ( 1876 S. G. 2482, 2504). By universal usage L. Journal. 6984, 7054). 300 Crime — Dancing. 1019. Each Representative entitled to certificate. It is not necessary that each Representative should have a separ- ate certificate from his Lodge, but Ue is entitled to it if he desire it.— 1860 Journal, 64, 74. 1020. Proper credentials of a Representative. The proper evidence of the election of a Past Grand as Representative to the Grand Lodge is a certificate under seal from his Lodge.— 1859 Journal, 491. 1021. Representatives without proper credentials ad- mitted. Past Grands without proper certificates admitted by the Grand Lodge as Representatives upon producing sat- isfactory evidence of their election, but this action not to serve as a precedent. — 1859 Journal, 491, 492 ; 1862 Journal, 254; 1868 Journal, 475; 1870 Journal, 180, 288; 1873 Jour- nal, 860. 1022. Past Grands without proper credentials admitted. Past Grands admitted to the Grand Lodge without proper credentials on presentation of satisfactory evidence of the right of the brothers to seats. — 1857 Journal, 230, CRIME. 1023. An offense in Odd Fellowship. To commit a crime is an offense in Odd Fellowship. — 1871 Journal, 458, 470. (See Oft'enses; Installation.) DANCING. 1024. Use of Lodge room. A Subordinate Lodge has the right to use its Lodge room for the purpose of dancing. It is a matter entirely within the discretion of the Lodge. — 1874 Journal, 111, 117. 1025. Permission to use Lodge room necessary. Indi- vidual members of the Lodge have no right to use the Lodge room for dancing without first obtaining permission from the Lodge or the Trustees thereof. — 1874 Journal, 111, 117. (See Ball, Liquors, Funds.) Debate— Debts — Decisions. 301 DEBATE. 1026. Right to speak in Grand Lodge. None except offi- cers of. Past Grand Masters of, and Representatives to the Grand Lodge shall have the right, without permission, to speak on any subject at the session. — Constitution Grand Lodge, Art. II, Sec. 2. 1027. Granting privilege of debate in Subordinate Lodge. It would be very inexpedient, if not improper, to confer, by a standing regulation, upon a brother of a Lodge under a foreign jurisdiction, the freedom of debate upon all ques- tions that may come before the Lodge. — 1868 S. G. L. Jour- nal, 4382, 4405. 1028. Right to speak in Subordinate Lodge. A Lodge has no right to deprive a brother of the right to speak, so long as he is a member of the Lodge. A By-Law to that effect is illegal.— 1888 Journal, 1026, 1111, 1130. (See Order, Rules and Questions of; Good of the Order; Aged Odd Fellows.) DEBTS. 1029. Collection thereof. Our laws are not intended to be invoked for the collection of debts or for the punishment of offenses not of themselves clearly unbecoming an Odd Fellow. — Levy vs. Magnolia Lodge, 1871 Journal, 403, 404, 426. Note. — A Subordinate Lodge collection of debts — (1893 S. G. L. has no jurisdiction to enforce the Journal, 13431, 15563). (See Offenses.) DECISIONS. 1030. Decisions of Sovereign Grand Lodge. The Deci- sions and laws of the Sovereign Grand Lodge are the highest authority in the Order, and any law of a State Grand Lodge conflicting therewith must yield to them. — 1859 Journal, 473. Note. — The question whether or is not found in White's Digest, any deeision of the Sovereign that being a mere compilation — Grand Lodge is law or not, does not (1873 S. G. L. Journal, 5931, depend on the fact whether it is 5952). A decision of the Grand 302 Decisions. Sire made during recess, and ap- session of the Sovereign Grand proved by the Sovereign Grand Lodge before the said decision was Lodge at the next session, is super- approved — (1895 S. G. L. Journal, seded by a law adopted at said 14239,'l4o25, 14570). 1031. Duty of Grand Representatives. The Grand Representatives to the Sovereign Grand Lodge shall, upon their return, communicate to the Grand Master all decisions of the Sovereign Grand Lodge. — 1858 Journal, 383. 1032. Decisions of Grand Lodge binding on Subordinates. All decisions of the Grand Lodge are binding on all Subordinate Lodges, and neither they nor the Grand Master have a right to disregard them, but are bound to carry all such decisions into effect. — 1863 Journal, 441. 1033. Grand Lodge decision affects all cases under the law. A decision of the Grand Lodge upon a matter of law, dates back to the time of the first existence of the law, and affects all cases to which said law can apply. — 1858 Journal, 388, 389. 1034. Rulings and instructions of Grand Master. It is the duty of a Lodge and its officers to obey all official com- munications and instructions of the Grand Master in vaca- tion. His ruling and instructions are law, until reversed by the Grand Lodge, and a Noble Grand has no right to dis- obey them. A Subordinate Lodge has no right to call in question the acts of the Grand Master. — Felch vs. Eureka Lodge, 1865 Journal, 56, 69. Note. — Where a Grand Master Lodges results in a tie, this can- decides a question in reference to not be regarded as a reversal of a Subordinate, which decision is the action of the Grand Master, brought before the Grand Lodge, but simply equivalent to no ex- and a resolution is offered that the pression at all — (1868 S. G. L. Grand Master's action in the case Journal, 4363, 4402). be sustained, which on a vote by 1035. Decision of District Deputy. It is not necessary that a District Deputy Grand Master should retire and announce himself officially upon entering, in order that his decision should be valid. — 1869 Journal, 11, 124, 125. Dedication — Defense. 303 1036. Decisions should correctly interpret the law. Decisions should be correct interpretations of the law, rather than charitable efforts by overriding law to meet the necessities of a particular case. — Levy vs. Four Creeks Lodge, 1875 Journal, 274, 286. 1037. Sovereign Grand Lodge and Grand Lodge. The decisions of the Sovereign Grand Lodge and of the Grand Lodge are laws of" this Lodge, and members consent to and agree to abide by the same.— Constitution Subordinates, Art. IV, Sec. 7. (See Grand Master, under the head of Officers.) DEDICATION. 1038. The form to be used. The form adopted by the Sovereign Grand Lodge for the public dedication of halls and laying of corner stones must be used, if any. — 1861 Journal, 151. (See Odd Fellows' Hall.) DEFENSE. 1039. Right of — Right to notice and to be heard. It is a principle of general jurisprudence and natural justice recognized in the practice of all judicial tribunals and legis- lative assemblies that no man should be deprived of his rights without an opportunity to explain, assert or defend them. To condemn a brother, to sacrifice his reputation, or his honors, rights or privileges, that he possesses or acquires in our Order by service in office, without his knowledge, by notice or otherwise, is to deprive a brother of such an oppor- tunity to be heard, and should not be permitted. Applied to the removal of a Noble Grand from office without knowledge by notice or otherwise. — 1870 Journal, 269, 294. 1040. A Lodge's right. It would be unjust to a Lodge for this Grand Lodge to undertake to adjudicate upon their liability for a large amount of benefits, without the Lodge having first an opportunity to be heard. — 1870 Journal, 273, 295. 304 Degree Books — Degree Lodge. DEGREE BOOKS. 1041. Not now printed as a separate book. Formerly there were printed two books, one called the Charge Book and the other the Degree Book. These two books are now united and printed as one, which is called the Ritual or Charge Book.— 1881 S. G. L. Journal, 8533, 8701, 8767. (See Ritual; District Deputy Grand Master, under the head of Officers.) DEGREE LODGE. 1042. Warrant for Degree Lodge. The manner of ap- plying for and granting is regulated by the Grand Lodge Constitution. (See Charter.) 1043. Qualifications of members. No Degree Lodge shall admit or retain in membership any person who is not at the time a regular contributing member of a Subordinate Lodge under this jurisdiction, unless his card be in the pos- session of the Grand Lodge or its officers, as an applicant for a charter. — Constitution Grand Lodge, Art. X, Sec. 2. Note. — Membership in a Sub- (1885 S. G. L. Journal, 10141, ordinate Lodge is requisite for 10185). membership in a Degree Lodge — 1044. General provisions regulating Degree Lodges. Degree Lodges within this jurisdiction may be formed sub- ject to the following provisions: First — The members of such Degree Lodge shall consist of brethren in good standing who have attained the Scarlet Degree; provided, that a brother in good standing, not a member, may sit in such Degree Lodge while conferring a degree he has taken, and the Degree Master and Deputy Degree Master of such Degree Lodge shall be either a Sitting Noble Grand of a Subordinate Lodge or a Past Grand. Second — Such Degree Lodge may be established in any district, city or town wherein are two or more Subordinate Lodges. Degree Lodge. 305 Third — The terms of such Lodge shall correspond with the terms of Subordinate Lodges. The titles of officers shall be Degree Master, Deputy Degree Master, First, Second, Third and Fourth Assistant Degree Masters, Past Grand, Warden, Conductor, Secretary, Treasurer, Outside Guardian and Inside Guardian, and such other officers as the degrees n^ay require. Fourth — The Degree Master may assign any brothers present to fill such other positions in the Lodge as may be necessary. Fifth — Degrees shall be conferred in such Lodges only on brothers who hold certificates of an election in their Sub- ordinate Lodge to receive such degrees. Sixth — Such Degree Lodge shall be entitled to a seal, and on conferring a degree a report thereof shall be made under such seal to the proper Subordinate Lodge, and giving the date. Seventh — The Secretary, under the seal of such Degree Lodge, shall report to this Grand Lodge, at each annual com- munication, the names of its officers, the times of its meet- ings, and such other information as will enable it to under- stand the condition of such Degree Lodge. — 1868 Journal, 487, 488, 500; 1871 Journal, 429, 440, 442, 471. (See Ritual.) Note.— When the degrees are Journal, 3180, 3233, 3266). A conferred by a regular Degree Degree Master cannot refuse to Lodge, separate from the Subordi- confer a degree simply because the nates, the application of the candidate cannot prove himself in brother desiring the degree must the degrees he claims he has re- be acted upon in his Subordinate ceived — (1872 S. G. L. Journal, Lodge. If the application be 5552, 5578). Degree Master has granted, a certificate of the fact no right to receive the Annual is given to the applicant, which Traveling Password — (1874 Jour- certificate being presented to the nal, 21, 104, 117; 1880 Journal, Degree Lodge authorizes it to con- 258, 359, 375). fer the degree— (1860 S. G. L. 1045. Recommendation. Existing Degree Lodges not to be disturbed, but recommended that no more charters be issued therefor.— 1859 Journal, 462, 493, 530. 20 306 Degkek Lodge. 1046. Qualifications of Degree Master. A Scarlet Degree member is not eligible to fill the office of Degree Master of a Degree Lodge. The same qualifipations are necessary as for the Noble Grand of a Subordinate Lodge. — 1869 Journal, 83, 84, 107. Note. — It is not expedient to ters — ( 1849 S. G. L. Journal, 1402, confer any title or honorary dis-. 1476, 1511). tinction upon Past Degree Mas- , 1047. Degree Master. A Subordinate Lodge cannot elect a Degree Master, neither can a Grand Master appoint a brother to that office.— 1882 Journal, 734, 844, 879. 1048. Degree Lodges the same as formerly. Degree Lodges continue the same as before the legislation requiring work to be done in the Third Degree. The Subordinate Lodge may, if it choose, confer the degrees. — 1882 Journal, 872, 885. 1049. More than two degrees same evening — Dispensa- tion. It is necessary that the Degree Lodge should be in possession of the dispensation from the Grand Master to entitle it to confer more than two degrees on a brother the same evening. Where the dispensation has not been re- ceived by the Degree Lodge, its warrant of authority is the certificate of the Subordinate Lodge setting forth the fact that such a dispensation has been granted, together with its terms. — Constitution Subordinates, Art. V, Sec. 2; 1888 Journal, 1111, 1130 ; 1884 Journal, 15, 116, 153. (See Dispensations.) 1050. Certificate and communications under seal. De- grees cannot be conferred except upon written consent, or request, under seal of a Subordinate Lodge, and all commu- nications from Subordinate Lodges must be under seal. — 1854 Journal, 69, 88 ; 1855 Journal, 155 ; 1862 Journal, 291 ; 1882 Journal, 69, 88. 1051. Duty of District Deputy Grand Masters. The Dis- trict Deputy Grand Masters in districts where a Degree Lodge exists, shall urge upon all the elected officers and Degrees. 307 members of the Subordinate Lodges the necessity of their attendance when the degrees are being conferred on their members. — 1859 Journal, 530. 1052. Duty of Noble Grand and Vice-Grand of Subordi- nate Lodge. In all cases when a member shall receive a degree in a Degree Lodge, it is and shall be the duty of the Noble Grand and Vice-Grand of the Lodge of which such brother is a member, to be present at the conferring of such degree.— 1866 Journal, 202, 216. 1053. Offenses of Degree Lodge. Whenever any Degree Lodge shall violate the Constitution, By-Laws, Rules or Reg- ulations of the Sovereign Grand Lodge, or of this Grand Lodge, it shall be liable to a trial and punishment. — Consti- tution Grand Lodge, Art. XI, Sec. 1. DEGREES. 1. Grand Lodge Degree, page 307. 2. Past Grand Degree, page 308. 3. Subordinate Lodge, page 317. 1. GRAND LODGE DEGREE. 1054. A reward for faithful official service only. The Grand Lodge Degree is, by the laws of the Order, a reward for faithful official service, and not to be conferred for any other consideration than the regular performance of the duties of the Noble Grand's chair.— 1862 Journal, 270. XoTE. — District Deputies have no power to confer Grand Lodge d^^rees. They must be conferred by Grand Lodges and can regu- larly be given only during the ses- sion in the room where the Grand Lodge is meeting, but by special permission they may be conferred in an adjacent room — (1847 S. G. L. .Journal, 1000, 1091 ; 1870 S. G. L. Journal, 48.38, 4869). Special sessions may be held by Grand Lodges for the purpose of instruct- ing in the unwritten work of the Order, and to confer the Grand Lodge and Past Official Degrees — (1879 S. G. L. Journal, 8079, 8174). The Grand Lodge Degree should be given only when a Past Grand becomes a member of the Grand Lodge— (18.53 S. G. L. Journal, 21.34, 2176). 1055. Special sessions to confer degree. Special sessions of the Grand Lodge may be called at option of the Grand 308 Degrees. Master to confer the Grand Lodge Degree. (See Section 2767 of this Digest.) 1056. Upon Past Grand of another jurisdiction. The Grand Lodge has no right to confer the Grand Lodge Degree upon a Past Grand of another jurisdiction, who holds a card certifying that he is a Past Grand in good standing, without a certificate from his Grand Lodge, and a request to confer said degree.— 1866 Journal, 194; 1878 Journal, 925. Note.— A State Grand Lodge 4402). The Grand Lodge Degree may confer the Grand Lodge and may be conferred upon a Past Past Official Degrees upon a Past Grand belonging to a Subordinate Grand of another State jurisdic- under the immediate jurisdiction tion, upon the presentation of a of the Sovereign Grand Lodge, by Visiting Card from his own Lodge, a State Grand Lodge, on the pre- and also a certificate executed by sentation of a proper certificate, the Grand Master and Grand Sec- signed by the Grand Sire and the retary, under the seal of the Grand Grand Secretary, and attested by Lodge to whose jurisdiction such the seal of the Sovereign Grand Past Grand belongs, that he is Lodge — (1875 S. G. L. Journal, eligible and entitled to the same — 661.5, 6691). (1868 S. G. L. Journal, 4367, 2. PAST GRAND'S DEGREE. 1057. Certificates furnished without vote. A certificate, to receive the Past Grand's Degree, must be furnished with- out a vote thereon to all Past Officers entitled thereto. — 1862 Journal, 270; 1852-1861 S. G. L. Journal, 1902, 1953-3359, 3379. 1058. Withdrawal Card and Certificate. A Past Grand who applies for and receives a Withdrawal Card, but through inadvertence, or negligence of the Secretary, is not presented with a certificate for the Past Grand or Grand Lodge Degree, is entitled to receive the certificate after the expiration of twelve months, as before. — 1875 Journal, 281, 295. 1059. Certificate of Lodge taken as true. It is not incum- bent on the District Deputy to go behind the seal of a Lodge to ascertain whether brothers claiming the Past Official Degrees. 809 Desrrees are legally entitled to receive them, but he may take the certificate of a Lodge as true. — 1863 Journal, 421. 1060. What evidence is necessary to entitle to. The amount and character of evidence requisite to entitle brothers to receive the Past Official Degrees shall be a cer- tificate duly authenticated, under seal of his Lodge, where the service in office was rendered, setting forth that the brother served the legal number of nights till the close of the term in the office for which the honors are claimed, and that the brother applying for said degree is a contributing member in good standing of a Subordinate Lodge in this State.— 1860 Journal, 10, 86. Note— The established law of the Journal, 1845, 1886, 1949, 1898, Order is that service for the ma- 1952), although the officer, during jority of the nights of a term, and his absence, holds a regular Visit- to the end, is requisite to entitle ing Card from his Lodge — (1857 one to the Past Official Degrees— S. G. L. Journal, 2758, 2782). (1850 S. G. L. Journal, 1613, Service for a majority of nights of 1638; 1852 S. G. L. Journal, 1845, a term in the office of Noble 1886, 1949; 1852 S. G. L. Journal, Grand entitles the brother to the 1898, 1952). A resignation of the honors of Past Noble Grand, al- incumbent at any time previous to though leave of absence be granted the expiration of the term works for the remainder of the term — a forfeiture of those degrees— (1882 S. G. L. Journal, 8838, (1848 S. G. L. Journal, 1198, 9025, 9101). Unless an officer is 1245; 1850 S. G. L. Journal, 1613, present in the Lodge-room the ma- 1638). Leave of absence for a jority of the meeting nights of his majority of the nights of his term term (unless excused by reason of works a forfeiture of the honors sickness), he is not entitled to the of the terra to the officer to whom honor of his office — (1883 S. G. L. leave is granted— ( 1852 S. G. L. Journal, 9371, 9456). 1061. Suspended Noble Grand — On appeal suspension reversed. If a Noble Grand should be suspended before hav- ing served the regular term to entitle him to the Past Noble Grand's Degree, and that act, on appeal to the Grand Lodge, should be reversed, he would be entitled to the honors of the office.— 1861 Journal, 188. 1062. Past Grand cannot confer without authority. A Past Grand has no right to confer Past Official Degrees without special authority from the Grand Master. — 1867 Journal, 357. 310 Degrees. 1063. Authority to confer Past Grand's Degree. A Sub- ordinate Lodge cannot confer the Past Grand's Degree at any time. This degree can be conferred only by the Grand Lodge, the Grand Master, or his Deputy. — 1898 Journal, 220, 240. 1064. Vice>Grand elected Noble Grand to fill remainder of term. The Noble Grand of a Lodge, having been absent for three months, his seat was then declared vacant. The Vice-Grand had filled his own chair for a majority of the nights of the term. The Vice-Grand can be elected Noble Grand and will be entitled to the Past Official Degree only by resigning his office as Vice-Grand, and being elected as a Scarlet Degree member by a dispensation. — 1872 Journal, 577, 666, 684. See, also, 1849 S. G. L. Journal, 1443, 1475, 1511. 1065. Grand Master or District Deputy Grand Master may confer. The Grand Master in person may confer the Past Official Degrees, and the District Deputy Grand Master may confer Official Degrees on Past Grands. — Constitution Grand Lodge, Art. IV, Sees. 1 and 7. Note. — State Grand Lodges may duly qualified, or may direct said authorize District Deputy Grand degree to be conferred in any other Masters to confer the Past Grand manner — (1847 S. G. L. Journal, Degree at any time upon persons 1091). 1066. Honors of Past Grand cannot be conferred on Treasurer. A Lodge, as a testimony of appreciation of the services of its Treasurer for five years, cannot vote to confer upon him the honors of Past Grand. A brother is entitled to the honors only after he has served as Noble Grand the required time.— 1896 Journal, 436, 607, 636. 1067. Only obtainable by service. The honors of Past Grand can be obtained only by service as Noble Grand. — 1902 Journal, 750, 900, 915. 1068. Retiring Noble Grand not present at Installation- The retiring Noble Grand of a Lodge, although not present at the installation of his successor, having served a majority Degrees. 311 of the meetings and to the end of the term, is entitled to the rank of Past Grand and to the Chair of Acting Past Grand. — 1S91 Journal, 585, 686, 715. 1069. A Noble Grand suspended for cause, A Noble Grand who serves the majority of the nights of the term, and then, before the expiration of the term, is suspended for cause, is not entitled to the honors of the office of Noble Grand. Any brother to be entitled to the honors of an office, must serve the majority of the meeting nights of a regular term, and continue in office until the end thereof. The sus- pension of an officer for cause vacates his office. It is not necessary for a Lodge to immediately elect a successor to a suspended Noble Grand. — 1895 Journal, 18, 185, 235. 1070. Sickness of officer — Honors of office. The sickness by reason of which an officer of a Subordinate Lodge can be excused from Lodge attendance without forfeiting the honors of his office must be his personal illness and not that of some member of his family. — 1900 S. G. L. Journal, 504, 827, 873 ; 1905 Journal, 748, 926, 944. 1071. Sickness of officer is service. Unavoidable absence of an officer arising from personal sickness is considered service.— 1856 Journal, 216 ; 1861 Journal, 202 ; 1863 Journal, 425, 426; 1900 S. G. L. Journal, 504, 827, 873. 1072. Service a majority of nights and sickness. To be entitled to the honors of Past Grand, a member must serve a majority of the nights of a term, except when elected to fill a vacancy as Noble Grand, and to the end of such term (unless excused for personal sickness). Where an officer is excused for personal sickness, it is to be considered that such officer has served the nights for which he or she has been excused on account of such sickness. — 1895 Journal, 21, 195, 196, 236 ; 1900 S. G. L. Journal, 504, 827, 873. 1073. Service till end of term required. The Past Official Degrees cannot be conferred except for actual service in office (after due election and installation) for a majority of nights in the term (except when elected to fill a vacancy), and to 312 Degrees. the end of the term for which the honors are claimed. — 1863 Journal, 424. 1074. First Noble Grand, and eleven nights* service. The first Noble Grand of a Lodge who was elected seventeen nights before the close of the term, and who served eleven nights of the seventeen, but w^as absent the other nights, but whose office was not declared vacant, thereby becomes a Past Grand and entitled to the Official Degrees. — 1859 Journal, 511. 1075. Served thirteen nights and present one night, no meeting. A Noble Grand who has served thirteen nights, and was present one night, the Lodge holding no meeting that night, is entitled to rank as Past Grand and receive the honors of Past Official Degrees.— 1882 Journal, 741, 844, 879. 1076. Officer attends when no quorum — Honors of office. If a Noble Grand is in actual attendance at his Lodge on a regular meeting night, and ready to perform the duties of his office, but is obliged to adjourn the Lodge for want of a quorum, he has served for that meeting night and is entitled to credit for the same, in determining the number of meeting nights he has served during the term, and whether or not he is entitled to the honors of the office. — 1901 Journal, 410, 557, 562. 1077. Served fourteen nights and then absent. A Noble Grand who serves fourteen nights of his term, but who is absent the balance of his term, is entitled to the honors of the office.— 1887 Journal, 770, 875, 888. 1078. Not present last meeting of term. A Noble Grand who has served the majority of the meeting nights of the term, and to the end of the term (viz., June 30th or Decem- ber 31st) is entitled to the honors of the office, whether he or she was present at the last meeting of the term or not. — 1900 Journal, 25, 216, 233. 1079. Vice-Grand acts as Noble Grand. When the Noble Grand is absent from the Lodge a majority of the nights of Dkgrees. 313 his term, and the Vice-Grand occupies the chair of the Noble Grand during such absence, by so doing the Vice-Grand is not disqualified from receiving the honors of Vice-Grand although he did not act as Vice-Grand a majority of the nights of his term.— 1882 Journal, 739, 844, 879. 1080. The same. A Vice-Grand who may have served a majority of nights of a term as Noble Grand, or who tempo- rarily fills the Noble Grand's chair for the remnant of a term, without having been elected to that chair, would only be entitled to the honors of Past Vice-Grand for the term. He is not entitled to the honors of the superior office. — 1862 Journal, 305, 310, 319. 1081. Vice-Grand elected Noble Grand to fill vacancy. Where the Noble Grand resigns his office, and the Vice-Grand is duly elected to fill the vacancy, he is thereafter entitled to all the honors as Noble Grand.— 1886 Journal, 538, 620, 646. 1082. When honors of Vice-Grand forfeited. A Vice- Grand elected and installed as Noble Grand to fill the vacancy caused by the resignation of the Noble Grand, for- feits the honors of the Vice-Grand, and they pass to his suc- cessor. — Solomon vs. Placer Lodge, 1869 Journal, 65, 76, 78. 1083. A Scarlet Degree member elected Noble Grand. A Scarlet Degree member elected and installed, under dispen- sation properly issued, to the office of Noble Grand, to fill a vacancy, and serving the last part of the term, is entitled to the Past Grand's degree.— 1868 Journal, 413, 526, 527. 1084. Third Degree member and chair of Junior Past Grand. A Third Degree member appointed or elected to take the chair of Junior Past Grand at the institution of a Lodge is not entitled to the honors of Past Grand. — 1902 Journal, 749, 900, 917. 1085. Service from July 1st to November 1st and then absent. A Noble Grand who served from July 1st to Novem- ber 1st, and then applies for, and is granted a leave of ab- sence for the balance of his term, is entitled to the Past 314 Degrees. Grand's Degree at the end of the term. — 1882 Journal, 740, 844, 879. 1086. Must serve a majority of iiights. A brother who has been elected to the ofl&ce of Noble Grand must serve a majority of the regular meetings of the term for which he was elected, unless elected to fill a vacancy or prevented by personal sickness.— 1887 Journal, 768, 875, 888; 1905 Jour- nal, 748, 926, 944; 1900 S. G. L. Journal, 504, 827, 873. 1087. Present ten nights of a term. A Noble Grand who has only been present ten nights of a term but who was granted leave of absence, cannot have the honors of the office.— 1894 Journal, 604, 731, 737. 1088. Noble Grand takes Withdrawal Card. Noble Grand who takes a Withdrawal Card, and resigns his office before the end of the term, is not entitled to the honors of Past Grand; any officer to be entitled to the honors of the office, must serve to the end of the term; if he resigns or withdraws before the expiration of that time, irrespective of the number of meetings he has served during the time, he is not entitled to the honors thereof. — 1898 Journal, 52, 220, 240. 1089. Withdrawal Card on last night of term. Where a brother is elected Noble Grand, and serves thirteen or four- teen nights of the term, and applies for a Withdrawal Card from his Lodge, to aid in organizing a new Lodge, and his Withdrawal Card was granted on the last night of the term (he becoming a charter member of the new Lodge), he is not entitled to the honors and degree of a Past Grand, not having served as Noble Grand to the end of the term for which he was elected. — 1864 Journal, 564, 566. 1090. Served less than a majority of nights and leave of absence. A brother was elected Noble Grand; he served less than a majority of nights of the term, and was then granted a leave of absence by the Lodge and served no more. No vacancy was declared, and the Vice-Grand acted during the balance of the term in his place. In this case the Noble Grand is not entitled to the honors. — 1867 Journal, 346, 359. Degrees. 315 1091. Actual service in office required. A Lodge has a right to grant leave of absence, but actual service in office, at least a majority of the nights of the term, whether the officer is absent with or without leave of the Lodge, except in case of personal sickness, is required to entitle an officer to the honors of the office.— 1869 Journal, 125, 126; 1905 Journal, 748, 926, 944; 1900 S. G. L. Journal, 504, 827, 873. 1092. Election of Scarlet Degree member without dispen- sation. Where a vacancy occurs in the office of Noble Grand by resignation, and all qualified brothers refuse to serve and the Vice-Grand, who is a Scarlet Degree member that has not served a term as Vice-Grand, or the balance of the term to fill a vacancy, is elected and installed Noble Grand, without dispensation, no objection being raised, and the Lodge acting in good faith, and serves as Noble Grand the balance of the term, the irregularity (the want of dis- pensation) is cured, and the brother is entitled to the rank of Past Grand. — Solomon vs. Placer Lodge, 1869 Journal, 65, 76, 78. 1093. Elected and installed last night of term. A brother is entitled to the honors of an office if he be elected thereto to fill a vacancy, and installed on the last night of a term ; provided, he be elected in accordance with the Consti- tution of Subordinates. If a brother should be so elected and installed into the chair of the Vice-Grand, on the last night of a term, he would be eligible to the office of Noble Grand.— 1861 Journal, 202, 203. 1094. Re-election as Noble Grand of a brother who had resigned the office. A Noble Grand who passes the chairs in the following manner is not entitled to the honors, viz. : He is elected and installed at the commencement of the term, leaves the State, sends back his resignation after having been absent long enough, so that the Lodge might, had they been so disposed, declared the seat vacant ; a Past Grand is elected to fill the vacancy ; towards the end of the term the former Noble Grand comes back, the Past Grand resigns and the Noble Grand is re-elected and serves the last of the term, 316 Degrees. but fails during the whole term to serve a majority of the nights.— 1867 Journal, 338, 349, 350. 1095. Resignation at last meeting of term, but opens Lodge at all meetings. A qualified member is elected and installed as Noble Grand of a Lodge. The roll-call shows that he opened the Lodge at every meeting of the term, but the minutes show that he resigned the office at the last meet- ing of the term. He is entitled to a certificate for the Past Koble Grand's Degree.— 1872 Journal, 657, 658, 677. 1096. A Noble Grand receives the honors of Past Grand when not entitled thereto. Any officer of a Subordinate Lodge who shall have served a majority of the meeting nights of a regular term, and shall have continued in office until the end thereof, shall be deemed to have served a full term, and is entitled to the honors. If a Noble Grand, through no fault of his own, receive the honors of Past Grand when not entitled thereto, as he had not served for the period required, he thereby becomes a Past Grand and he cannot be deprived of the honors he has received. — 1891 Journal, 688, 701, 702, 727. 1097. When two Lodges consolidate. As to the honors of the office in such cases, see Section 951 of this Digest. 1098. When retiring Noble Grand is elected to office. When the retiring Noble Grand is elected to another office at the end of the term, he does not forfeit the honors of Past Grand.— 1889 Journal, 34, 122, 163. 1099. Re-election of the Noble Grand. A brother is enti- tled to the Past Grand's Degree upon the expiration of his term in the office of Noble Grand, although he may have been re-elected Noble Grand.— 1903 S. G. L. Journal, 31, 284, 314. 1100. Illegal installation. A brother installed into office by one who is not qualified or authorized to install is not legally installed and does not acquire the honors of the office.— 1898 Journal, 12, 221, 240. (See Consolidation of Lodges, Installation, Special Ses- sions.) Degrees. 317 3. SUBORDINATE LODGE. 1101. Application for degrees — Ballot — Certificate. Ap- plication for election to either of the three subordinate degrees shall be accompanied with the amount required therefor, and presented to the Lodge," under the proper head, when the Lodge shall ballot upon the application, and if not more than two black balls or cubes are cast, he shall be declared elected : and if the Lodge do not confer the degrees upon its own members, a certificate shall be given the appli- cant, addressed to a Degree Lodge, or officer authorized to confer degrees, showing that he is a member of this Lodge, and has been authorized to receive them.— Constitution Subordinates, Art. V, Sec. 1. 1102. Examination in open Lodge in secret work, signs, etc. Provided, that no brother shall have conferred upon him a higher degree in the Order until he has been found proficient by examination in open Lodge in the secret work and the signs, passwords and grips of the highest degree he has attained. — Constitution of Subordinates, Art. V, Sec. 1. 1103. Duty of Noble Grand. It shall be the duty of the Noble Grand to see that brothers are instructed to enable them to meet the requirements of Article V of this Constitu- tion (the requirements as to proficiency and examination in open Lodge in secret work, signs, etc.). — Constitution Sub- ordinates, Art. VII, Sec. 1. 1104. Number conferred at one meeting — Dispensation — Renewal of application. Not more than two degrees shall be conferred upon a candidate at any one meeting, except by dispensation from the Grand Master only. If any degree be refused a brother, no application shall be again received from him within three months. — Constitution Subordinates, Art. V, Sec. 2. 1105. A separate ballot for each degree. In this jurisdic- tion it is illegal to ballot for the three degrees of Odd Fel- 318 Degrees. lowship at one and the same ballot; a separate ballot must be had for each degree.— 1886 Journal, 536, 620, 646; 1887 Journal, 771, 875, 888. * Note. — In the absence of local whether the ballot shall be sepa- legislation a separate ballot for rate for each degree or for all each degree must be had, but it is collectively — (1882 S. G. L. Jour- a subject for local legislation nal, 8839, 8840, 9025, 9101, 9087). 1106. Grand Lodge's power. A Grand Lodge may pro- vide that all degrees must be conferred without any other ballot therefor than the original balloting for initiatory. Such a provision would be legal, not as dispensing with bal- loting, but as balloting for the degrees and the initiatory together.— 1904 S. G. L. Journal, 531, 752, 820. 1107. Balloting upon two or more applicants for same degree. Two or more applications for the same degree may be balloted upon at the sam« time and if not more than two black balls or cubes be cast, all shall be declared elected to the degree balloted for ; but if more than two black balls or cubes be cast, the Lodge shall then proceed to ballot upon each application for such degree, separately. — Constitution Subordinates, Art. V, Sec. 3. 1108. May apply for degrees orally or in writing. The application for degrees may be made in writing or verbally in open Lodge. The Secretary of the Lodge, after receiving the candidate's fee for a degree, may apply for the degree for him in open Lodge.— 1866 Journal, 536, 620, 646 ; 1887 Journal, 771, 875, 888. 1109. When applicant may apply. A candidate may apply for the degrees as soon as he has been initiated, and if elected may have them conferred. The application for the degrees may be all at one time, but not more than two de- grees can be conferred on the same evening without a dis- pensation.— 1884 Journal, 14, 116, 153 ; 1888 Journal, 1111, 1130, 1106, 1019; Constitution Subordinates, Art. V, Sec. 2. Note. — There is no law com- he may stand on the books of the polling a Lodge to give a brother Lodge. He must be balloted for, his degree, no matter how good and it is for tlie voters to decide Degrees. 319 whether he shall advance or not. degree on any brother — (1872 No one can question their right 1873 S. G. L. Journal, 5279, 5919, to reject or refuse to confer the 5950). 1110. When initiate may apply for and receive First Degree. A brother can apply for the First Degree imme- diately after his initiation, and he can receive a degree on the night of his application therefor, without a dispensation. — 1882 Journal, 976 ; 1883 Journal, 1001, 1150, 1175. 1111. Open in Third Degree to pass upon applicant *s proficiency. When a brother who has been voted the Second Degree has been, while the Lodge is open in the First Degree, examined in open Lodge as to his proficiency in the First Degree, it is then necessary to reopen in the Third Degree to ask members whether they are satisfied with th^ exam- ination.— 1904 S. G. L. Journal, 530, 752, 820. 1112. Certain By-Law void. A By-Law which provides that when an applicant for the degrees is rejected he cannot apply again for the space of six months is in conflict with the provisions of the Constitution of Subordinates and therefore void.— 1889 Journal, 31, 144, 162. 1113. Right of Subordinate Lodge to confer. The right to confer the Subordinate Degrees upon their own members is guaranteed to Subordinate Lodges by their charters. It is an inherent right, and no State authority in our Order is competent to contravene it. — 1872-1875-1876 S. G. L. Journal, 5280, 5497, 5544-6574, 6641, 6978, 7051, 7041, 7082. 1114. Lodge's privilege to investigate applicant's char- acter, health and condition. It is the privilege of a Lodge to investigate the condition, character and health of a brother when he applies for the degrees. — Williams vs. Yerba Buena Lodge, 1889 Journal, 136, 160. 1115. The same. There is no provision of law requiring a statement by a brother as to his physical condition when he applies for degrees, although the Lodge has the power to request such statement of him. — Williams vs. Yerba Buena Lodge, 1889 Journal, 137, 160. 320 Degrees. 1116. Saloon-keeper initiated by mistake. Whenever it is discovered that such inhibited individual has by any means been initiated in the Order, iiis further prof^ress in the Order should be arrested. As he was not eligible to membership, he is not qualified to receive any of the de- grees.— 1897 S. G. L. Journal, 15169, 15605, 15633. 1117. Commencing saloon business after initiation. Should a person receive the Initiatory and First Degrees, and thereafter, and before receiving the Second Degree, go into the saloon business, he is not only disqualified from further advancement in the Order, but charges should be preferred against him.— 1896 Journal, 413, 581, 628. 1118. Only two degrees a week except by dispensation. The evident intent of Section 2, Article V, Constitution of Subordinates, was to authorize only two degrees to be con- ferred on a candidate on one day or one evening. Two degrees on a candidate in one week is all that is authorized by the section except by dispensation. — 1888 Journal, 1111, 1130, 1106, 1019. 1119. Ballot in Third Degree. Ballot for degrees must be had in the Third Degree.— 1886 Journal, 536, 620, 646. Note. — Balloting for all de- desires to open in the Second De- grees must take place in the gree, the Lodge must close in the Third Degree — (1882 S. G. L. First Degree before opening in the Journal, 8839, 8840, 9025, 9101, Second Degree, in the manner and 8992, 9087). When a Lodge is form prescribed by the charge- open in the First Degree, and has book, and the same rule applies concluded the business to be to all degrees — (1866 S. G. L. transacted in such degree, and Journal, .3876, 3953, 3987). 1120. Two Lodges cannot confer degrees at same time and place. Only one Lodge can be in session at the same time and place, and confer the degrees, although another Lodge may be present at the conferring of the degrees. — 1869 Journal, 12, 125, 126. . 1121. Joint meetings. Lodges cannot hold joint meetings in any degree.— 1872 Journal, 666, 684. Degrees. Mi 1122. Subordinate Lodge and Degree Lodge. A Subordi- nate Lodge has the right to confer the degrees upon its mem- bers, notwithstanding the existence of Degree Lodges. — 1882 Journal, 872, 885. Note. — The organization of a to send their members to a De- Degree Lodge in the city, town or gree Lodge to receive the degrees district, does not interfere with — (1869 S. G. L, Journal, 4652; the right of Subordinate Lodges 1875 S. G. L. Journal, 6350, 6619, to confer the degrees upon their 6692). own members, nor compel them 1123. Regular and special meetings. A Lodge has a right to confer degrees at a special meeting called for the purpose, but the degrees must be applied for at a regular meeting.— 1866 Journal, 199, 216. 1124. Cannot ballot at special meeting. A Lodge has no right to ballot for the degrees at a special meeting called for the purpose of conferring the degrees. — 1881 Journal, 500, 601, 627. 1125. When Noble and Vice-Grand absent and Past Grand present. A Past Grand has not the right to open the Lodge in the absence of the Noble Grand and Vice-Grand, and to confer degrees, there being only five members present, including one visiting brother, — 1861 Journal, 167, 168. 1126. The proper officers to confer. The Noble Grand, and in his absence the Vice-Grand, is the proper officer to confer the degrees in the Subordinate Lodge. — 1857 Journal, 271. 1127. Past Grand and District Deputy Grand Master. The District Deputy Grand Master, or an experienced Past Grand, may be invited to confer them. — 1857 Journal, 271 ; 1858 Journal, 331, 393, 398 ; 1864 Journal, 515. 1128. Motion to reconsider. Inasmuch as the balloting for degrees is the same as on a proposition for membership, by secret ball ballot, arid no one is supposed to know at any time how another votes, the parliamentary rule requiring a motion to reconsider to come from a brother voting with the 21 322 Degrees. majority, does not apply to a ballot for degrees. — ^larx vs. Aetna Lodge, 1883 Journal, 1008, 1160, 1180. 1129. When may reconsider a favorable ballot. A Lodge has the right to reconsider a favorable ballot for degrees at any time before the degrees have been conferred. — 1873 Journal, 870, 892; Marx vs. Aetna Lodge, 1883 Journal, 1008, 1166, 1180. 1130. On more than one person at a time. It is ancient usage to confer degrees on more than one person at a time. — 1857 Journal, 272. 1131. Conferred on members of other Lodges upon re- quest, under seal. The degrees cannot be conferred by a Lodge upon a member of another Lodge, except upon its written consent or request, under seal, and if so conferred, no charge should be made. — 1854 Journal, 69, 88 ; 1855 Jour- nal, 155 ; 1882 Journal, 844, 879. Note. — A certificate to author- duty of any Lodge, upon the pre- ize a brother to receive his de- sentation of a duly authenticated grees away from the location of degree certificate, if the holder be his Lodge can only be granted by in good standing, to confer the application to his Lodge at a degrees upon the candidate hold- regular session — (1868 S. G. L. ing and presenting such certifi- Journal, 4240, 4347, 4414, 4430). caie— (1867 S. G. L. Journal, No Lodge has the right to give a 4069, 4087, 4201; 1871 S. G. L. certificate to receive the degrees Journal, 5552, 5578). until the fees are paid. It is the 1132. Conferred on members of another jurisdiction. A Lodge may confer the degrees on a member of a Lodge in another jurisdiction who has a Traveling Card with the Annual Traveling Password and a certificate of his Lodge that the degrees have been voted him and paid for, with a request that they be conferred. — 1870 Journal, 188, 255, 282. 1133. The same. When a Lodge requests another Lodge to confer the degrees upon one of its members, and the brother on whom they are to be conferred does not appear, and moves out of the jurisdiction of the Lodge requested, that Lodge has no more to do in the matter. The brother Degrees. 323 should apply to his Lodge for a request on any Lodge where he can appear and receive the degrees. — 1879 Journal, 24, 101, 110. 1134. Where a brother takes a Withdrawal Card and removes. Where a brother joins a Lodge, and applies for and pays for the three degrees, but receives the first only, and then removes to another district, applying for and re- ceiving his Withdrawal Card and an order for the two degrees for which he has paid, and then joins another Lodge as a First Degree member, requesting the Lodge to confer the other two degrees for which he has an order, the Lodge is in duty bound to confer the two degrees upon the brother, but the Lodge receiving the money for the two degrees should refund the fees to the Lodge conferring the degrees. After receiving his Withdrawal Card from his Lodge, the brother could not receive the other two degrees from a Degree Lodge before depositing his Withdrawal Card in another Lodge. — 1875 Journal, 301. 1135. Degrees under the old work and the new work. A visiting brother who is in possession of the degrees under the old work is entitled to be present when the degrees under the new work are being conferred, without any order from his Lodge. Such a brother ranks as a member of the Third Degree of the new work, without charge and without the conferring of the revised degrees.^1882 Journal, 735, 737, 844, 879. 1136. One Lodge authorizing another to give instructions. A member in good standing of a Lodge in this jurisdiction, who was in Massachusetts, desired to visit a Lodge there. He had never visited any Lodge since the work was changed from five to three degrees. The Massachusetts Lodge re- quested the California Lodge to authorize them to instruct the brother in the work of the three degrees, that he may visit the Lodge. The California Lodge has power to author- ize that Lodge to give such instruction. — 1899 Journal, 438, 650, 677. 324 Degrees. 1137. A brother who has not the right to visit. Instruc- tions cannot be given in any of the degrees of the Order to a brother who has not the right to vi^t the Lodge in which he desires instruction. — 1858 Journal, 390. 1138. The meaning of certain words. The words in a By-Law that '*no degree shall be conferred on a brother who is in arrears for dues," means that the brother's dues must be paid up to the time of receiving the degree. — 1885 Jour- nal, 287, 403, 432. 1139. Initiatory Degree. The initiatory is a degree in Odd Fellowship, but it is not numbered as such. — 1888 S. G. L. Journal, 11104, 11368, 11396. 1140. The four degrees. The four degrees of a Subordi- nate Lodge are denominated Initiatory, First, Second and Third Degrees.— 1888 S. G. L. Journal, 11104, 11368, 11396. 1141. The Third or Scarlet Degree. The proper style and name of the highest degree of the Subordinate Lodge is Third Degree, or the Degree of Truth, and by that title it should be designated in giving instructions or when used officially ; but inasmuch as it is incidentally referred to in the work as the Scarlet Degree, there is no impropriety in refer- ring to it in that manner. — 1883 Jonrnal, 9370, 9456. 1142. Royal Blue Member and Third Degree. A brother who was a Royal Blue member and who was suspended some twenty years ago was reinstated, and to make him a Third Degree member he must take the Second and Third Degrees. —1900 Journal, 28, 186, 320. 1143. Candidates appear without regalia. In all cases when a candidate enters the hall to receive the degrees, he should appear without regalia. — 1860 Journal, 76; 1885 S. G. L. Journal, 10133, 10179. 1144. Right of leaving the Lodge-room. A member may leave the Lodge-room when the Lodge is closed in the Initia- tory Degree to be reopened in the Second, without the per- mission of the Noble Grand.— 1886 Journal, 535, 620, 646. Degree Staff. 325 1145. The same. The Noble Grand cannot require a brother to retire who may have received the First or Second Degrees before the Lodge has closed in the degree so re- ceived.— 1889 Journal, 34, 122, 163. (See Fees; Dispensations.) DEGREE STAFF. 1146. Should address the chairs. A Degree Team should address the chairs on retiring and re-entering from the prep- aration room. — 1891 Journal, 586, 686, 715. 1147. The same. Initiation and conferring degrees. The Team, retiring to prepare for initiation or for conferring of the degrees in a Subordinate or Degree Lodge, should ad- dress the Noble Grand, and the Noble Grand and Vice- Grand, on re-entering, when the Lodge is in regular session, the same as at any other time. The Ritual provides the form for retiring and entering the Lodge-room and should be fol- lowed explicitly. The exceptions to this rule are also laid down in the Ritual— 1898 Journal, 11, 221, 240. 1148. When not to address the chairs. If an officer or the Degree Staff enter from or retire to the ante-room through a doorway other than the one in charge of Inside Guardian, he or they need not address the chair as directed on page 33 of the Ritual. The Team work contemplates the entrance of the Team at certain points in their work, through some other entrance than the regular entrance to their Lodge-room.— 1898 S. G. L. Journal, 15758, 16071, 16116. 1149. Qualifications of members of Degree Staff. A member cannot occupy any position or deliver any charge or conduct any work in a Degree Staff that he is not qualified to fill, or so privileged by the rank he has attained as a mem- ber of the Order.— 1896 S. G. L. Journal, 14687, 14948, 15019. 1160. Who may occupy Noble Grand's chair. It is not proper in a Degree Staff for anyone except the Noble Grand or a Past Grand to occupy the Noble Grand's chair, except 326 Demurrer— Depositions — Digest. that in the absence of the Noble Grand the Vice-Grand may occupy the chair of the Noble Grand. — 1904 S. G. L. Journal, 530, 572, 820. 1151. Who may occupy the Vice-Grand's chair. In a Degree Staff only the Vice-Grand, a Past Grand or a Past Vice-Grand may occupy the chair of the Vice-Grand. — 1904 S. G. L. Journal, 530, 572, 820. 1152. Paraphernalia or robes of degree — Rebekah Lodge. A Degree Team of a Subordinate Lodge has no right to ap- pear in the paraphernalia or robes of the degree at a Rebekah Lodge, or any other place outside of a Subordinate or Degree Lodge.— 1901 Journal, 409, 551, 562. DEMURRER. 1153. To charges. A demurrer may be interposed on the ground of the insufficiency of the charges. (See Trials.) DEPOSITIONS. 1154. Manner of taking, etc. Our laws provide for and regulate the manner of taking depositions. (See Trials.) DIGEST. 1155. Must have them in Lodge-room at each session. The Noble Grand of each Lodge in this jurisdiction is required to have present in the Lodge-room on each Lodge- night, such digests of the laws and decisions of the Order as may be in possession of the Lodge, for the convenience of the brothers, in case they are required for reference. — 1866 Journal, 179, 180. JsoTE. — White's Digest of the 5952). A digest simply recites laws and decisions of the Sover- what the law is. The actual crea- eign Grand Lodge is a mere com- tion of the law is either by legis- pilation, and whether any de- lative enactment in some form, or cision of the Sovereign Grand by decision. The decision or the Lodge is law or not does not de- resolution itself, and not the di- pend on the fact whether it is or gesting of it, governs — (1905 S. is not found in White's Digest— G. L. Journal, 76, 276, 291). (1873 S. G. L. Journal, 5931, Diplomas— Dismissal Certificates. 327 1156. The Lodge and the District Deputy Grand Mas- ter. A digest belongs to the Lodge that buys and pays for it. A District Deputy Grand Master is also supposed to have one, but that does not belong to a Lodge, and Section 1155 of this Digest does not apply to the one that belongs to the office of the District Deputy Grand Master. — 1897 Journal, 807, 1030, 1050. (See Grand Secretary, under head of Officers; District Deputy Grand Master, under head of Officers.) DIPLOMAS. 1157. Duties of Grand and Subordinate Officers. Offi- cers of the Grand or Subordinate Lodges are prohibited from signing any diploma not issued by authority of the Sbvereign Grand Lodge, and properly authenticated by the Grand Secretary of that Body, written or engraved on the margin thereof; and all diplomas not issued by the Sover- eign Grand Lodge, which have been signed by any officer of a Grand or Subordinate Body, are of no force or effect, and the same are null and void. — 1860 Journal, 8, 9, 27. 1158. Who authorized to issue. The Grand Master and Grand Secretary are authorized to issue to members the new diploma (furnished by the Sovereign Grand Lodge) under seal of the Grand Lodge. — 1860 Journal, 81. Note. — Past officers cannot be rank by virtue of their having deprived of their rank simply be- filled said offices, and evidence of cause they are not members of said rank should be shown in Grand I^odges or Grand Encamp- their diplomas — (1884 S. G. L. nients, but are entitled to their Journal, 9821). (See Grand Secretary, under head of Officers.) DISMISSAL CERTIFICATES. 1159. After five years' suspension. A member, after being suspended in this jurisdiction for non-payment of dues for the space of five years, wishing to join a Lodge in this jurisdiction, shall be entitled to receive, and the Lodge shall grant him, upon proper application, a Dismissal Certifi- 328 Dismissal Certificates. cate, upon the receipt of one dollar. — Constitution Subordi- nates, Art. VIII, See. 1, Clause 4. 1160. To regain membership in another jurisdiction. A member suspended from membership in this jurisdiction for non-payment of dues, wishing to regain membership in another jurisdiction, shall, upon proper application, be enti- tled to receive from the Lodge from which he was so sus- pended, a Dismissal Certificate, upon the payment to said Lodge of one dollar. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 5. 1161. When the Lodge has refused to reinstate. In all cases, when a member has been suspended for non-payment of dues, and his Lodge has refused to reinstate him, he shall, upon proper application, be entitled to receive, and the Lodge shall grant, a Dismissal Certificate, upon the receipt therefor of one dollar. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 6. Note. — The law in relation to dutj' of the Noble Grand and dismissal certificates was in- Recording Secretary to issue such tended to cover all allowable certificates upon proper applica- cases, and there is no authority tion, in open Lodge, and pay- for a Subordinate to grant dis- ment of the fee, without a vote of missal certificates, except as pro- the Lodge — (1870 S. G. L. Jour- vided by law— (1877 S. G. L. nal, 4932). One dollar is the fee Journal, 7375, 7473). In cases or cost of a dismissal certificate, where the law makes it obliga- and no Lodge is authorized to tory upon Lodges to grant dis- charge any greater amount for missal certificates to brothers the same — (1889 S. G. L. Journal, suspended or dropped for non- 11481, 11728, 11786). payment of dues, it shall be the 1162. When granting Dismissal Certificate is discretion- ary. A Lodge, upon proper application and the receipt of one dollar, may, at the discretion of the Lodge, by a major- ity vote of the members present, grant a Dismissal Certificate to a member suspended for non-payment of dues, to enable such suspended member to join a Lodge in the same jurisdic- tion before five years have expired. — 1880 S. G. L. Journal, 8487. Dismissal Certificates. 329 1163. The same. A suspended brother cannot compel his Lodge to grant him a Dismissal Certificate before he has been suspended five years, although the suspending Lodge has not refused to reinstate him, and there are no charges preferred, the intention being to deposit the Dismissal Cer- tificate in his former Lodge or another Lodge in the same city, thereby escaping the payment of the usual charges for reinstatement.— 1905 S. G. L. Journal, 76, 276, 291. 1164. To whom issued. Dismissal Certificates can only be issued to members who have been dropped or suspended for non-payment of dues.— 1900 S. G. L. Journal, 513, 827, 873. Note. — The new law of trans- applicable to holders of dismissal fer of membership by card is not certificates — See Section 1865. 1165. Holders thereof may be readmitted to membership, but no right to visit. Dismissal Certificates may be received from the holders thereof, on application for membership in Subordinate Lodges, in the same manner and with the same effect as Withdrawal Cards ; and applications made on such certificates shall be received and acted upon in like man- ner as upon Withdrawal Cards. But the holders of such certificates shall in no case be allowed to visit thereon. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 7. Note.— The privilege of visit- tificate— ( 1880 S, G. L. Journal, ing a Ixxlge shall not be awarded 8487; 1905 S. G. L. Journal, 30, to the holder of a dismissal cer- 40, 219, 243). 1166. Brother under charges not entitled to. While a Lodge is preparing to bring charges against a member for conduct unbecoming an Odd Fellow, the member is not enti- tled to a Dismissal Certificate.— 1884 Journal, 13, 116, 153. Note. — A Lotlge has no right and Subordinate Bodies must to refuse a dismissal eertificate conform to them — (1871 S. G. L. to a member suspended for non- Journal, 4993, 5194, 5245). Un- payment of dues and who makes less charges are preferred — (1885 pro[)er application for the same. S. G. L. Journal, 9856, 10105, The laws of the Soverei^ Grand 10170). Lodge insure to him this right 330 Dismissal Certificates. 1167. Guilty of improper conduct after suspension for non-payment of dues. Where a brother is suspended for non-payment of dues, and afterwards, in accordance with law, applies to the Lodge for a Dismissal Certificate, the Lodge must grant the same. Should the brother have been guilty after his suspension of conduct unbecoming an Odd Fellow, the Lodge must still grant the Dismissal Certifi- cate or prefer charges and try the brother. — 1883 Journal, 1001, 1150, 1175. 1168. Duplicate Dismissal Certificate. A brother received from his Lodge a Dismissal Certificate, the Lodge became defunct and the person lost or mislaid it. The Grand Lodge may grant him a Duplicate Dismissal Certificate. There is no other source for him to receive a Dismissal Certificate except from the Grand Master and Grand Secretary during the interim, or from the Grand Lodge itself at its session. — 1901 S. G. L. Journal, 48, 361, 371, 372. 1169. Dismissal Certificates to members of defunct Lodges. Grand Lodges, through their proper officers, shall be permitted to issue to members of defunct Lodges With- drawal Cards or Dismissal Certificates, according to the standing of the brother when the Lodge surrendered its charter, and members holding such cards or certificates shall have the same privilege and are to be recognized by every Lodge to which they may be presented, whether in or out of the jurisdiction issuing them, as having the same force and effect as a Withdrawal Card or Dismissal Certifi- cate that has been issued by an existing Lodge in good standing, and will enable the holder to join another Lodge and all laws in conflict herewith are repealed. — 1899 S. G. L. Journal, 251, 319, 320, 353. 1170. Charter surrendered — Dismissal Certificate. A Grand Lodge can issue or grant a Dismissal Certificate to a brother who has been dropped or suspended for non-payment of dues before the Lodge surrendered its charter. — 1900 S. G. L. Journal, 513, 827, 873. Dispensations. 331 1171. Dismissal Certificate to member of defunct Lodge. A Grand Lodge cau issue a Dismissal Certificate to a member of a defunct Lodge, that is, if the membei was entitled to receive a Dismissal Certificate from the Lodge at the time of the surrender of its charter, he is entitled to receive a Dismissal Certificate from the Grand Lodge. — 1900 S. G. L. Journal, 514, 827, 873. 1172. Where a person was initiated without right. Where a Lodge initiates a person without the knowledge that he had formerly been a member of the Order and suspended for non-payment of dues, and the person having acted inno- cently through ignorance, it should refund his initiatory fee and dismiss him without card or certificate. The person so dismissed is entitled to a Dismissal Certificate from the Lodge which suspended him for non-payment of dues. — 1881 Journal, 517, 595, 624. 1173. The Sovereign Grand Lodge supplies them. The certificates named in this section (Dismissal Certificates), shall be only those provided by the Grand Secretary of the Sovereign Grand Lodge. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 8. Note. — They are sold a8 other rate as cards — (1880 S. G. L. supplies are sold and at the same Journal, 8487). 1174. Must show degree and rank of holder. A Dismis- sal Certificate, when issued, shall show upon its face the highest degree and rank obtained by the brother to whom the same is issued.— 1884 S. G. L. Journal, 9722, 9798. (See Charter and Charter Members.) DISPENSATIONS. 1175. Grand Master may grant certain dispensations. He may grant dispensations — Ist. To confer degrees on a member without delay. 2nd. To allow members of the Order to appear in public in regalia. 3rd. To allow Lodges to apply to other Lodges for assist- ance. 332 Dispensations. 4th. To allow Lodges to admit to membership persons who reside near some other Lodge. 5th. To authorize the installation of officers in public. 6th. To give entertainments for the benefit of the Order. 7th. To authorize the balloting for and initiation of a candidate at the time his proposition is presented to the Lodge. 8th. To allow Subordinate Lodges to change their place of meeting. 9th. To allow a brother to be reinstated after expulsion. 10th. To institute Lodges and authorize them to work as such until the next session of this Grand Lodge. 11th. To Relief Committee to apply to Lodges for assist- ance, or to give entertainments in the name of the Order, subject to the rules and restrictions governing Subordinate Lodges. 12th. To empower Subordinate Lodges to elect Scarlet Degree members to any office in such Lodge; provided, all qualified brothers refuse to serve. He may, in person, confer the Past Official Degrees; and when present at a special meeting of a Subordinate Lodge, he may exercise the powers conferred on him by the first and seventh subdivisions of this section. — Constitution Grand Lodge, Art. IV, Sec. 1. Note. — Neither a Grand Lodge Neither can a Grand Lodge nor a nor a Grand Master can dispense Grand Master grant a dispensa- with the regular meetings of a tion to enable a Subordinate to Lodge; such dispensations are suspend the payment of weekly illegal and improper— ( 1857 S. G. benefits — (1857 S. G. L. Journal. L. Journal, 2725, 2781, 2818). 2831). 1176. Dispensations to Rebekah Lodges. As to the pow- ers of the Grand Master to issue dispensations to Rebekah Lodges, see Section 2175 of this Digest. 1177. Power does not extend beyond his term. The Grand Master has no power to grant a dispensation which will not take effect until after his term of office shall have expired.— 1887 Journal, 771, 875, 888. Dispensations. 333 1178. Grand Master's permission required in certain cases. This Lodge shall not have a public procession unless to attend the funeral of a member, nor have any public celebration of anj^ kind, nor get up any ball or public enter- tainment, in the name of the Order, nor reinstate an expelled member of this Lodge, or one suspended upon charges, without permission of the Grand Master. This Lodge may attend a funeral in full regalia without asking permission of the Grand Master. — Constitution Subordinates, Art. X, Sec. 2. 1179. Power of Grand Master. The Constitution is explicit in defining the power of the Grand Master as to the granting of dispensations, and no departure should be made from the strict letter of the law, either by officers or Lodges. —1876 Journal, 474, 508. 1180. May be withdrawn by Grand Master. The Grand Master has a right to withdraw a dispensation when granted. -—1870 Journal, 296. 1181. Applications, how made by Lodge. Applications for dispensations can be preferred to the granting officer by Subordinate Lodges only, and then only in writing under seal, except a Relief Committee may apply under the 11th subdivision of Section 1, Article IV, Constitution of Grand Lodge. — 1858 Journal, 387; Grand Lodge Constitution, Art. IV, Sec. 1. 1182. No dispensation to Lodge committee. The Grand Master has no power to issue a dispensation to a committee of a Lodge.— 1887 Journal, 769, 875, 888. 1183. Night of meeting and By-Laws. The Grand Mas- ter cannot grant a Subordinate Lodge a dispensation to meet on Thursdays instead of Saturdays for two months. He cannot grant one to disregard its By-Laws. — 1894 Journal, 605, 731, 771. 1184. Dispensation to change time of meetings. The Grand Master is authorized and empowered to grant per- 334 Dispensations. mission to any Subordinate Lodge to change its meetings to once in two weeks, when he deems it for the interest of the Lodge so to do; provided, thcsame only be done upon a petition signed by at least two-thirds of the members of the Lodge.— 1873 Journal, 891, 892. 1185. The same. Before a Subordinate Lodge can pass an amendment to its By-Laws, providing for semi-monthly instead of weekly meetings, said Lodge must obtain permis- sion to hold its meetings every two weeks from this Grand Lodge or the Grand Master.— 1879 Journal, 126, 142. 1186. Where all qualified brothers, except Vice-Grand, decline nomination for Noble Grand. Where all the quali- fied brothers in a Lodge, except the Vice-Grand, refuse to accept the nomination for Noble Grand, and the Vice-Grand is willing to accept the nomination and serve as Noble Grand, under such circumstances he is the only qualified brother in the Lodge and the Grand Master, upon the refusal of the Lodge to elect the Vice-Grand, has no right to grant a dis- pensation to nominate and elect a brother from the floor. — 1902 Journal, 750, 903, 939. 1187. To appear in public in regalia. No Lodge has a right to appear in public in regalia without a dispensation except at the funeral of a member, and the only officer who is authorized to grant such a dispensation is the Grand Master. — 1895 Journal, 19, 185, 235; Constitution Subordi- nates, Art. X, Sec. 2. 1188. To ballot for, elect and initiate. The Grand Mas- ter is the only officer who has the power to grant a dispen- sation to receive the application of, ballot for, and, if elected, initiate a candidate the same evening. — 1895 Journal, 20, 195, 196, 236. 1189. To receive petition, elect and initiate at special meeting*. A dispensation cannot be issued by the Grand Master to receive the petition of a candidate, ballot thereon, and, if elected, to initiate him at a special meeting. The Constitution requires that the petition, when presented at a Dispensations. 335 regular meeting, shall lie over until the following meeting ; the Grand Master, however, being present at a special meet- ing, can issue such dispensation. — 1896 Journal, 411, 588, 629 : 1902 Journal, 749, 901, 917. 1190. When may receive petition and elect at special meeting by dispensation. A Lodge cannot receive a petition for membership, or act on the report of a committee on a petition, and ballot for membership at a special meeting, unless the Grand Master be present at the special meeting and grant a dispensation therefor. After a candidate has been elected at a regular meeting, a special meeting may be called to initiate such a candidate. — 1897 Journal, 808, 1030, 1054 ; 1902 Journal, 749, 901, 917 ; Constitution Grand Lodge, Art. IV, Sec. 1. 1191. Grand Master and fees for degrees. The Grand Master cannot issue a dispensation to Lodges, authorizing them to initiate persons and confer on them the three degrees for a less sum than specified in the Constitution. — 1896 Journal, 407, 588, 629. 1192. Grand Master and Admission Fee. The Grand Master has no power to grant a dispensation allowing a Lodge to reduce the admission fee below the minimum. — 1898 Journal, 10, 23. 1193. Initiation fee and By-Laws of Lodge. The Grand Master cannot grant a dispensation to set aside the By-Laws of a Lodge or to reduce the initiation fee as fixed therein. — 1895 Journal, 22, 195, 196, 236. 1194. Less fees than fixed by the Grand Lodge. No one has authority to grant a dispensation to a Lodge to admit members for less than the minimum fees fixed by the Grand Lodge.— 1895 Journal, 20, 195, 196, 236, 180, 250. 1195. District Deputy Grand Masters may grant certain dispensations. The District Deputy shall have power to grant dispensations to Lodges in his district for the election of any Third Degree member of the Lodge to any office 336 Dispensations. in such Lodge in case all qualified members refuse to serve ; for holdinof public installations of officers and for the giving of social parties in the name of the Order. — Constitution Grand Lodge, Art. IV, Sec. 7. 1196. To elect Third Degree member to office of Noble Grand. A District Deputy Grand Master has no authority to grant a dispensation to elect a Third Degree member to the office of Noble Grand, unless all brothers qualified by service decline and the fact that all qualified brothers decline should be stated in the dispensation. — 1903 Jourifal, 159, 184; 1904 Journal, 541, 553. 1197. Examination in unwritten work. A District Dep- uty Grand Master has no power to grant a dispensation to a Lodge to examine a member of another Lodge in the unwritten work of the Second Degree, to enable the brother to receive the Third Degree in the Degree Lodge. A dis- pensation is not necessary to enable a Lodge about to confer a degree to examine a brother in the unwritten work of the preceding degree. — 1903 Journal, 159, 184. 1198. To hold a "public meeting." A dispensation by a District Deputy Grand Master to hold a "public meeting" was disapproved by the Grand Lodge, as it did not appear what the nature of the meeting so authorized was. It is not every kind of public meeting that may be authorized by dispensation. — 1903 Journal, 159, 184. 1199. Cannot suspend Constitution. A dispensation can- not be granted by a Grand Master or his Deputy to annul or suspend any part of the Constitution of a Subordinate Lodge. A dispensation is a permission, not a command. — 1857 Journal, 270. 1200. Cannot admit Ancient Odd Fellow or a brother as visitor by dispensation. The Grand Master, or other elective Grand Officer, and the District Deputy Grand Master have no power to grant a dispensation to admit an Ancient Odd Fellow or any other brother to a Lodge as a visitor. — 1857 Journal, 286. Dispensations. 337 1201. Special meeting and District Deputy Grand Master. A District Deputy Grand Master has no power to grant a dis- pensation to hold a special meeting. Such dispensation is unnecessary.— 1898 Journal, 220, 240. 1202. To receive petition, elect and initiate on same even- ing, and District Deputy Grand Master. A District Deputy Grand Master has no authority to issue a dispensation to receive the petition of, ballot thereon, and, if elected, to initiate a person on the same evening. — 1896 Journal, 587, 628, 608, 636 ; 1900 Journal, 28, 186, 230 ; 1901 Journal, 421, 540, 563 ; 1904 Journal, 541, 553. 1203. Initiation and District Deputy Grand Master. A District Deputy Grand Master has no power to grant a dis- pensation to initiate a candidate at any time. When a can- didate is elected, the time of his initiation is entirely within the control of the Subordinate Lodge. — 1898 Journal, 220, 240. 1204. Initiatory Degree. A District Deputy Grand Mas- ter has no authority to grant a dispensation to confer the Initiatory Degree.— 1899 Journal, 448, 650, 677. 1205. To receive petition and ballot on same evening. A District Deputy Grand Master has no authority to grant dispensations to receive petition of a candidate and ballot thereon on the same evening. — 1899 .Journal, 439, 650, 677. 1206. To receive application, ballot, initiate and confer degrees on same evening. A District Deputy Grand Master has no autliority to grant dispensation to receive applica- tion, ballot for, initiate and confer the degrees on the same evening.— 1899 Journal, 443, 650, 677. 1207. Regalia and dedication of I. 0. O. F. hall. A Dis- trict Deputy (irand Master has not authority to grant a dis- pensation to appear in public in regalia at the dedication of an I. O. 0. F. hall. The Grand Master only has such authority.— 1895 Journal, 40, 42, 185, 235. 2*2 338 Dispensations. 1208. To nominate, elect and install officers. A District Deputy Grand Master has not authority to grant a dispen- sation to nominate, elect and install officers on same even- ing.— 1895 Journal, 41, 185, 235 ; 1896 Journal, 608, 636. 1209. To appear in public in regalia and District Deputy Grand Master. A District Deputy Grand ]Master cannot issue a dispensation authorizing a Lodge or members to appear in public in regalia. The Grand Master alone is authorized to issue such dispensations. — 1896 Journal, 409, 588, 629 ; 1905 Journal, 923, 944. 1210. Funeral and regalia and District Deputy Grand Master. A District Deputy Grand Master has not authority to grant a dispensation to appear in public in regalia at the funeral of a brother buried under the auspices of the Lodge.— 1895 Journal, 42, 185, 235 ; 1896 Journal, 608, 636 ; 1900 Journal, 28, 180, 230'. (See Sections 1178 and 1187.) 1211. To attend church in regalia. A District Deputy Grand Master has no authority to grant a dispensation for a Lodge to appear in regalia to attend church. — 1901 Jour- nal, 421, 540, 562. 1212. Regalia — Church dedication. A District Deputy Grand Master has no authority to grant a dispensation to a Lodge to wear regalia at the dedication of a church. — 1905 Journal, 923, 944. 1213. When a body of Odd Fellows may notify another body of Odd Fellows to appear in regalia. A Lodge of Odd Fellows should not appear in public in regalia without a dispensation, and the dispensation should be read in open Lodge. Any body of Odd Fellows under such a dispensa- tion may notify another body of Odd Fellows to appear in regalia.— 1887 Journal, 769, 875, 888. (See Sections 1178 and 1187 as to a funeral.) 1214. Lodge and Encampment regalia in public. A dis- pensation granted to a Subordinate Lodge to appear in I Dispensations. 380 public in regalia, will permit Encampment members to appear in regalia with said Lodge. — 1898 Journal, 11, 221, 240. 1215. When a Lodge may notify a Rebekah Lodge to appear in regalia. A Subordinate Lodge under dispensa- tion to appear in public in regalia may notify a Rebekah Lodge to also appear in public with regalia. — 1895 Journal, 18, 185, 235. 1216. To Rebekah Lodge to appear in regalia. A dispen- sation to a Rebekah Lodge to wear regalia in public includes brothers of a Subordinate Lodge to appear with the Rebekah Lodge in regalia. A dispensation is merely a permission, hence the wearing of the regalia in public under a dispen- sation is optional.— 1887 Journal, 769, 875, 888. 1217. In public in regalia — Object thereof. Where a dispensation is granted a Lodge to appear in public in regalia, the dispensation should specify, and the report of the Grand Master should show, the object of the appear- ance of the Lodge in public— 1898 Journal, 213, 239. 1218. Two degrees the same evening. It is not necessary that a Lodge have or receive a dispensation for conferring two degrees upon a candidate on the same evening. — 1896 Journal, 408, 588, 629 ; 1898 Journal, 220, 240. 1219. More than two degrees at same meeting. District Deputy Grand Masters have no power to grant dispensa- tions to confer more than two degrees upon a candidate at any one meeting. The right to grant such dispensations is delegated only to the Grand Master by the provisions of Article V, Section 2, Constitution of Subordinates. — 1904 Journal, 541, 542, 553 ; 1902 Journal, 903, 939. 1220. More than two degrees — Degree Lodge. The dis- pensation to confer more than two degrees upon a brother upon the same evening may be obtained either by the Sub- ordinate Lodge or by the Degree Lodge. — 1884 Journal, 15, 116, 153; 1896 Journal, 408, 588, 629; Constitution Subor- dinates, Art. V, Sec. 2. (See Degree Lodge.) 340 Dispensations. 1221. First Degree on night of initiation. A District Deputy Grand Master has no power to grant a dispensation to confer the First Degree on a candidate the same evening he is initiated ; such dispensation is unnecessary. A Subor- dinate Lodge can confer two degrees on the same evening without dispensation. — 1898 Journal, 220, 240 ; 1882 Journal, 976; 1883 Journal, 1001, 1150, 1175. 1222. From one hall to another. A Lodge does not need a dispensation to remove from one hall to another in the same town or city. Such permission is needed only when it is proposed to remove to another town or city. — 1895 Jour- nal, 21, 195, 196 ; 1889 Journal, 32, 122, 163. 1223. To give a ball. A dispensation to give a ball in the name of the Order is necessary whether regalia is worn or not.— 1878 Journal, 819, 928, 965. 1224. As to initiating candidate on night of his election. It is not necessary to have a dispensation to initiate a can- didate on the same night the ballot is taken on his applica- tion where the By-Laws of a Lodge do not require it. — 1882 Journal, 741, 844, 879. 1225. To elect a Scarlet Degree member Noble Grand. A District Deputy Grand Master has the authority to grant a dispensation to elect a Scarlet Degree member as Noble Grand, all qualified brothers refusing to serve. — 1889 Jour- nal, 33, 122, 163. 1226. Public installation and regalia. A dispensation to hold a public installation gives to the officers installing and to be installed, a right to wear the regalia of their office on that occasion without a further dispensation. The incident follows the principal, and a dispensation to publicly install officers of a Subordinate Lodge includes the right to do whatever is necessary to a proper performance of that cere- mony in accordance with the provisions of the ritual. 1901 Journal, 409, 551, 562. 1227. To hold a public installation. A District Deputy Grand Master has the right to grant a dispensation to a Dispensations. 341 Lodge in his district to hold a public installation of its officers.— 1888 Journal, 1025, 1111, 1130. 1228. No dispensation to re-ballot on rejected applicant. The Grand Master has no authority to grant a dispensation to allow a Lodge to re-ballot on a candidate who has been rejected.— 1889 Journal, 34, 122, 163. 1229. To reinstate. A District Deputy Grand Master has no authority to grant a dispensation to reinstate the same evening the application is made, on account of intended departure from the city.— 1901 Journal, 421, 540, 562. 1230. Orphans' Home. A Lodge cannot give a public entertainment for the Orphans' Home, or for any other pur- pose, without a dispensation.— 1897 Journal, 804, 1030, 1054. 1231. Social party and regalia. Giving a social party in the name of the Order does not carry with it the right to wear the regalia. The regalia of the Order cannot be worn on such an occasion except by a dispensation granted by the Grand Master.— 1897 Journal, 806, 994, 1034. 1232. Newly instituted Lodge— Election of officers— Dis- trict Deputy. A Lodge not having been instituted more than thirteen weeks prior to the end of the term, the officers hold their respective offices until the end pf the succeeding term, and a District Deputy cannot grant a dispensation authorizing said Lodge to elect new officers at the com- mencement of said succeeding term. — 1889 Journal, 32, 122, 163. (See Terms.) 1233. To give parties in the name of the Order. District Deputy Grand Masters have authority to grant dispensations to Lodges in their districts to give parties in the name of the Order.— 1889 Journal, 35, 122, 163. 1234. A Past Grand to install officers. A dispensation is not required to empower a Past Grand to install the officers of a Lodge in the absence of the District Deputy Grand Master.— 1877 Journal, 581, 675, 697. 342 Districts. 1235. Past Grand's Degree and District Deputy Grand Master. The act of a District Deputy Grand Master in granting a dispensation to a Subordinate Lodge to confer such degree is illegal and void, and such a gross violation of the fundamental law of the Order is deserving of the severest condemnation of the Grand Lodge. — 1898 Journal, 220, 240. DISTRICTS. 1. For District Deputy Grand Masters, page 342. 2. For Visitation by Grand Master, page 342. 1. FOR DISTRICT DEPUTY GRAND MASTERS. 1236. County. Each county in the State constitutes a district. — 1853 Journal, 36. 1237. Grand Master may divide districts. The Grand Master, whenever the interest of the Order may require it, may divide the districts and make such additional appoint- ments of District Deputy Grand Masters as he may deem expedient. District Deputy should be appointed when first Lodge instituted in a district. — 1858 Journal, 85 ; 1853 Jour- nal, 36. 1238. To transfer a Lodge from one to another district. Subordinate Lodges wishing to withdraw from one district and be placed in another shall first have the consent of a majority of the Lodge in the district froin which they wish to withdraw, and also from the one into which they wish to go.— 1892 Journal, 134, 137. 1239. German Lodge districts. The Grand Master may make special districts of German Lodges when he may deem it for the interests of the Order. — 1859 Journal, 513. 2. FOR VISITATION BY GRAND MASTER. 1240. State divided into four districts. The jurisdiction of California is divided into four districts, for the purpose of official visitation and instruction; the Grand Masters to alternate in their visits officially in the respective districts. The districts consist of the following counties and Lodges : Districts. 84S District No. 1. Counties of Del Norte (1), Humboldt (10), Mendocino (7), Colusa (6), Lake (5), Yolo (7), Solano (9), Glenn (3), Placer (11), Lodges Nos. 30, 161, 191 and 234, of Sonoma (4), Lodges Nos. 40, 93, 114, 129, 164, 189, 219, 231, 255, 263, 270, 272, 382 and 384, of Alameda (14), Lodges Nos. 23, 34 and 357, of Santa Clara (3), Lodges Nos. 87 and 274, of Sacramento (2), Lodges of District Deputy Grand Master's Districts, Nos. 66 and 103 (5). Total, 87. District No. 2. Counties of Butte (6), Inyo (2), Modoc (4), Mono (2), Nevada (9), Lassen (3), Plumas (5), Siski- you (5), Shasta (7), Sutter (4), Sierra (5), Yuba (6), Te- hama (2), Trinity (2), Napa (3), Marin (2), Lodges Nos. 35, 160 and 325, of Los Angeles (3), Lodges in District Deputy Grand blaster's Districts, Nos. 1 and 67, of San Francisco (11). Total, 8L District No. 3. Counties of Amador (6), Calaveras (8), Contra Costa (6), Merced (3), El Dorado (6), Mariposa (4), San Mateo (4), Santa Cruz (4), Tuolumne (3), Stanislaus (5), San Joaquin (11), Lodges Nos. 2, 4, 8, 62, 105, 157, 239 and 364, of Sacramento (8), Lodges Nos. 42, 52, 70, 142, 154, 178, 192, 238, 242, 244 and 294, of Santa Clara (11), Lodges in District Deputy Grand Master's District, No. 55, of San Francisco (5). Total, 84. District No. 4. Counties of San Diego (5), Fresno (7), Kern (3), Kings (1), Orange (3), Monterey (5), Mader^ (1), Riverside (4), San Benito (2), San Bernardino (7), Santa Barbara (5), San Luis Obispo (6), Ventura (2), Tulare (9), Lodges Nos. 60, 138, 197, 246, 247, 315, 323, 324, 330, 348, 362, 365, 367, 369, 371, 376 and 385, of Los Angeles (17), Lodges Nos. 69, 118, 144, 198, 253, 298 and 313, of Alameda (1), Lodges Nos. 28, 53, 64, 193, 215, 281 and 320, of Sonoma (7), Lodges in District Deputy Grand Master's Districts, Nos. 2 and 68, of San Francisco (9). Total, 100. The fore- going division into districts was enacted in 1899 and gives the number of Lodges in the different districts at that time. The Grand Lodge recommends that, where the Grand Master cannot reach all parts of his district, he appoint 344 Donations. one of the elective Grand Officers to perform this duty in his stead, paying the expenses of such appointee out of the sura set apart to him for that purpose. It is further recommended that the sum of $200.00 be set apart for the purpose of paying the expenses of the Grand Officers, when making official visits, under the direction of the Grand Master, for the purpose of instruction of Lodges. —1899 Journal, 641, 642, 676; 1883 Journal, 1173, 1172; 1895 Journal, 242, 252 ; 1896 Journal, 553. (As to request of Grand Lodge relative to Grand Master's visits, see Section 2198.) DONATIONS. 1241. Name of recipient concealed — Right to know name and circumstances. In case of donation or relief to a brother the Lodge and every member of the Lodge has a right to know, not only the circumstances of the case, but also the name of the brother who received, or is to receive, the dona- tion. The name should be reported to the Lodge. When the name is not reported to the Lodge the members have no right to vote away the moneys of the Lodge under such circumstances of secrecy or concealment. — Elam vs. Bay City Lodge, 1894 Journal, 684, 726. 1242. Reimbursement of an unauthorized donation. Where Trustees make, as Trustees, a donation to a brother in distress, without the previous authority of the Lodge, and the same is not authorized by the By-Laws, it is an unauthor- ized and illegal act, but the Lodge may reimburse the Trustees if, under the circumstances, they deem it expedient and just; and where the Lodge has a By-Law which reads, *'No donation shall be made unless by two-thirds vote of all members present entitled to vote; every motion to donate any sum in excess of $20.00 shall lie over one week" — such reimbursement falls under the provisions of such By-Laws. —Elam vs. Bay City Lodge, 1894 Journal, 684, 726. (See Funds.) Draft — Dues. 846 DRAFT. 1243. Cancellation of draft. A Lodge's draft on its Treas- urer in payment of a bill, returned to the Lodge by the payee, with the statement that the payee did not intend further to ask payment thereof, but left the whole matter with the Lodge, may be cancelled by the Lodge. — Fetlow vs. Anniversary Lodge, 1869 Journal, 67, 68. 1244. A donation voted and then the draft cancelled. A Lodge may vote a donation, and after the draft is drawn, and while it is in possession of the Lodge, the members may change their minds, and the Lodge may cancel the draft. — 1869 Journal, 67, 68. 1245. Fraud and mistake. A draft may be cancelled for fraud and mistake, but those are not the only grounds for cancellation. — 1869 Journal, 67, 68. 1246. Must be by vote. All drafts upon the treasury must be made by vote of the Lodge. — 1896 Journal, 436, 607, 636. (See Section 2834.) DRUNKENNESS. (See Offenses, Fines, Trials.) DUES. 1. Generally, page 345. 2. Arrears, page 353. 3. Suspension for non-payment, page 355. 1. GENERALLY. 1247. Payable weekly in advance — Minimum dues. The dues of this Lodge shall not be less than twelve and one-half cents per week for beneficial members, and five cents per week for non-beneficial members, both payable weekly in advance ; provided, that the dues of non-beneficial members shall not be more than one-half of the amount charged to beneficial members. — Constitution Subordinates, Art. IV, Sec. 1. 346 Dues. Note. — A Grand Lodge pos- increase its dues by the addition sesses the right to determine and of any specific sum above said prescribe the minimum amount minimum rate fixed by the Grand to be paid to its Subordinates for Lodgfe — (1889 S. G. L. Journal, dues, leaving it for the Subordi- 11483, 11728, 11786). The dues nate to provide by law for any to a Lodge accrue weekly — (1848- special sum above that rate. A 1854-1875 S. G. L. Journal, 1290, Subordinate Lodge may therefore 1318, 2312, 2346, 6620, 6692). 1248. Payments, how applied. Provided, that all pay- ments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the pay- ment of dues, assessments and fines, in the order in which they become due ; but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. — Constitution Subordinates, Art. IV, Sec. 2. 1249. A fundamental principle. The payment of dues is a fundamental principle of the Order, which no Lodge, Grand or Subordinate, can dispense with or evade. — 1895 S. G. L. Journal, 14248, 14526, 14570; 1896 S. G. L. Journal, 14688, 14948, 15019 ; 1897 S. G. L. Journal, 15559, 16116. 1250. Cannot remit dues. The general law does not per- mit a Lodge to remit dues. Their payment is a condition precedent to good standing and benefits. — 1895 S. G. L. Jour- nal, 14248, 14526, 14570. 1251. Pajnnent of dues from the Special or Contingent Fund — General Fund. Under our laws a Lodge cannot remit dues, nor can it draw money from its treasury to pay dues for any class of members, no matter how meritorious such members may be. It was, therefore, illegal for the Subordi- nate Lodge to pass a resolution providing that if any of its members enlist in the Spanish-American war, that their dues and assessments will be paid by the Lodge out of the treasury, so that said members may be kept in good standing until their return home, but the Lodge may, however, out of its five per cent, fund, which it is authorized to set apart, pay the dues of any class of members. — 1898 S. G. L. Jour- nal, 15749, 16071, 16116. ■^i Dues. 847 1252. Donation to pay dues. A donation made from the Lodge funds to be placed to the credit of a member, sufficient to place the member liable to suspension in good standing, is not legal. A Lodge has no right to remit dues, nor can it draw money from its treasury to pay dues for any class of members. The use of Lodge funds in such a manner, while called a donation, is simply the transfer of funds to the brother's credit for the purpose of paying his dues and is, therefore, an illegal use of Lodge funds under the general laws of the Order.— 1899 S. G. L. Journal, 19, 20, 365, 394. 1253. Cannot remit dues — Donation. A Lodge has no right to remit the dues of any member. If a member be poor, and unable to make a living and pay dues, the Lodge may make such member a donation, and then that member can pay his or her dues, or do anything else with it, as he or she see fit.— 1897 Journal, 809, 994, 1034; 1861 Journal, 131, 132, 192. 1254. Credits for attending Lodge. A By-Law which provides for giving the members of the Lodge certain credits of money on account of their dues for attending Lodge meet- ings, is invalid. Such a By-Law involves a virtual diversion of the funds of the Order from the charitable purposes for which they are designed. — 1901 Journal, 501, 539. 1255. What are weekly dues. Weekly dues are those imposed by the By-Laws of the Lodge. — 1891 Journal, 585, 690, 716. 1256. When payable. The provisions of Section 1, Article rV, of the Constitution of Subordinates, clearly require that the dues shall be payable^weekly in advance; but for non- payment, the By-Laws can attach no penalty, until the brother is at least more than thirteen weeks in arrears for dues, etc.— 1893 Journal, 389, 427, 430; 1888 Journal, 28, 122. 163. 1257. Signing of the Constitution of Subordinates. A candidate does not become a member of a Lodge until he signs its Constitution. Dues should not be charged against 348 Dues. him until he signs its Constitution, and until he so signs he is not entitled to any of the rights, privileges or benefits of the Order.— 1901 Journal, 410, 557, ^62. 1258. When credit is to be made for payment. And he (Financial Secretary) shall give each member credit for money when paid to him, and the brother's credit and stand- ing shall date from such payment. — Constitution Subordi- nates, Art. VII, Sec. 4. 1259. When indebtedness is satisfied. A payment is made and the indebtedness of a brother satisfied at the time he pays the amount due into the hands of an officer of a Lodge authorized to receive it. — Reed vs. Morning Star Lodge, 1883 Journal, 1007, 1165, 1180. 1260. When payment to officer is payment to Lodge. A payment to a duly authorized officer of a Lodge is a pay- ment to the Lodge and takes effect at the time it is placed in the hands of such officer. — 1884 Journal, 15, 116, 153. 1261. May be paid to officer between meetings. A brother in arrears pays the Secretary in full between the regular meetings of a Lodge. The payment takes effect at the date of the payment to the officer, and not at the next meeting of the Lodge, or not when reported to the Lodge. — 1884 Journal, 15, 116, 153 ; 1905 S. G. L. Journal, 72, 179, 193. 1262. When payment credited. Brothers should have credit for the payment of their dues the moment they are received by the Financial Secretary. (Constitution of Sub- ordinates, Article VII, Section 4.) This changed the law which provided that a brother shduld not be credited for his dues until the next regular meeting of the Lodge. If the brother, who receives the money from '*A," were Acting Secretary of the Lodge at the time the payment was made, **A" was not legally suspended. If, however, he were not the Acting Secretary of the Lodge, through whose neglect and carelessness "A" has been suspended for non-payment of dues, in a legal manner, the neglect of the brother in not I Dues. 349 paying the money over would not make null and void the action of the Lodge.— 1896 Journal, 410, 588, 629. 1263. Dues must be paid to proper officer. When the laws of a Lodge require the payment of dues to be made to a particular officer, it is optional with the Lodge to deter- mine whether they will accept a payment previously made through any other than their official agent. — 1860 Journal, 22 ; Christy vs. Granite Lodge, 1875 Journal, 287, 295. Note. — A payment to the payment J:o the Secretary — (1851) Treasurer is not payment to tlie S. G. L. Journal, 3031, 3084, Lodge, when the By-Laws require 3113). 1264. Payment, when complete. There is no valid pay- ment of dues until the money is in the hands of the proper officer.— Christy vs. Granite Lodge, 1875 Journal, 287, 295 ; 1861 Journal, 189 ; Reed vs. Morning Star Lodge, 1883 Jour- nal, 1007, 1165, 1180. 1265. Dues of District Deputy. The Grand Lodge refuses to exempt District Deputies from the payment of dues to their Lodges. — 1861 Journal, 167. 1266. Brother's right to pay at any time. It is the right of a brother to pay his dues at any time, and it is the duty of a Secretary to accept such payment whenever tendered and receipt for the same. — Gilroy Lodge vs. Griffith, 1882 Journal, 853, 875, 882. XoTE. — A Lodge cannot refuse pension — (1877 S. G. L. Journals to receive, in full or in part, the 7.505). dues of a member prior to sus- 1267. In case Lodge indebted to a brother who owes dues. The payment of dues is a fundamental principle of the Order which no Lodge, Grand or Subordinate, can dispense or evade. If a brother perform the duties of a salaried officer of his Lodge, or perform services for his Lodge for which *he may be legitimately paid, the amount must be paid to him and an order drawn in his favor in the usual manner. When he obtains the order he can draw the money out of the Lodge's treasury, and he has the right to use it in paying 350 Dues. his dues, or he has the right to use it for his own purposes and to decline to appropriate it toward the payment of his dues. But there is an instance as when a sick brother is entitled to sick benefits, the Lodge should pay his dues from the benefits due him, the law being that a sick brother entitled to sick benefits cannot become delinquent while sick. When a Lodge is indebted to a brother for work and labor, it cannot, against his wishes or without his authority or con- sent, apply any part of the indebtedness toward the payment of his dues.— 1897 S. G. L. Journal, 15559, 16116. 1268. Receipt for dues. A receipt for dues is nothing more nor less than prima facie evidence of money paid and received. It is not binding on a Lodge or a brother if a mis- take has been made, and an opportunity should be given the brother or sister to have the same corrected. — 1896 Journal, 411, 581, 628. 1269. How a brother's standing is governed by receipts. Where a brother pays a certain amount as dues and the Financial Secretary gives him a receipt for that amount, stating therein that it pays the brother up to a certain date, when in fact, according to the books, it did not pay him up to that date, the books of the Lodge must govern as to the amount due the Lodge, the receipt being good only for the amount paid, but the receipt holds good as to the standing of the brother in the Lodge until the brother is informed of the error contained therein and the opportunity is" afforded to have the same corrected without affecting his standing. — 1887 Journal, 858, 876, 889. 1270. Cannot charge dues after brother suspended for non-payment. A Lodge has no right to continue to charge up dues to a brother under suspension for non-payment of the same.— 1886 Journal, 535, 620. 1271. The same. No dues can be charged against a' brother from the time he is suspended, or ceases to be a member, for non-payment of dues, until the day he is rein- stated.— 1861 Journal, 127, 176, 177.. Dues. 361 1272. Where Secretary fails to charge dues. If a Finan- cial Secretary fail to charge dues to a brother, and at the end of the term the Finance Committee pronounce the books and accounts correct, the Lodge may afterwards direct the Financial Secretary to charge the dues. — 1882 Journal, 741, 845, 879. 1273. Lodge must accept, pending appeal. A Lodge can- not refuse to accept a tender of dues from a brother who may be under sentence of expulsion, during the pending of his appeal to the Grand Lodge. — Brown vs. Coloma Lodge, 1858 Journal, 372. 1274. Dues do not accrue during expulsion. When a brother has been illegally expelled, and is afterwards restored by action of the Grand Lodge, he is not liable to pay dues or other charges made against him on the books of his Lodge during the time of such expulsion. — 1864 Journal, 555, 556. 1275. Expulsion and reinstatement. Dues cease upon expulsion in a Subordinate Lodge and commence again only upon reinstatement. — 1895 Journal, 253. 1276. Appeal to Sovereign Grand Lodge. Dues against an expelled member restored to membership on appeal to the Sovereign Grand Lodge begin to accrue from the time the decision is officially announced to the Lodge. — 1896 S. G. L. Journal, 14686, 14948, 15019. 1277. Dues accrue during suspension for cause. If a brother be suspended for six months or for any other period, for cause, he must pay dues during such suspension. — 1888 Journal, 1022, 1111, 1130; 1857 Journal, 250; 1897 Journal, 805, 1030, 1054. Note. — Every Lodge holds its iiig the time of punishment — memWrs undergoing punishment ( 1849 S. G. L. Journal, 1505, renponnihle for dues accruing dur- 151.3). 1278. Dues paid in advance refunded — When. Where a brother pays dues in advance, and while his dues are so paid in advance he ceases, from any cause, to he a member of the 352 Dues. Lodge, the Lodge should refund all that has been paid in excess of the brother's indebtedness to the Lodge at the time he ceased to be a member. — 1874 Journal, 102, 114. Note. — A Lodge is in duty from the Lodge by card or other- bound to refund the dues Over- wise — (1890 S. G. L. Journal, paid by a brother at the time of 12176, 12273). his death or when he withdraws 1279. — The same — Expulsion. In case of expulsion, the Lodge should refund all that has been paid as dues in excess of the brother's indebtedness to the Lodge at the time he ceases to be a member. — 1881 Journal, 500, 501, 601, 627. 1280. Dues increased by amendment — Receipt taken. A member who, before the Lodge by amendment of its By- Laws had increased its dues, had paid his dues at the old rate and taken a receipt specifying the time to which they were paid, is bound to pay the increased rate. The accept- ance of dues and giving a receipt does not constitute a con- tract that the rate for such member shall remain unchanged for the time for which he paid in advance. — 1876 S. G. L. Journal, 7020, 7077. 1281. Dues in case of cards. In case of a brother apply- ing for a Withdrawal Card, the brother's dues are charge- able against him up to the time when his application for the card actually appears before the Lodge, and in case of mem- bers of extinct Lodge, all dues standing against the brother at the time the Lodge became extinct are required to be paid. —1861 Journal, 189, 187, 132, 192, 193. (See note to Section 804.) 1282. Card given and afterwards dues increased. Paying dues in advance and taking a card does not relieve the holder of the card from the payment of the increased rate, if, during the running of the card, the By-Laws be amended increasing the amount of the dues. The amendment acts upon all members alike, and all must pay the increased rate from the time the amendment takes effect. — 1877 S. G. L. Journal, 7373, 7472. Dues. 353 1283. Transfer of membership. When a member of a Lodge has been elected to membership by another Lodge upon application to become a member by card by transfer of membership, he should pay his dues to his former Lodge until he shall have procured a Withdrawal Card therefrom. —1902 S. G. L. Journal, 527, 528, 979, 1002. 1284. Dues sent by registered letter. The mailing of such a registered letter is not a payment, and the postmaster is not the agent of the Lodge, but only of the brother. It is not payment till the dues are received by the Secretary. — Rosenberger's case, 1889 S. G. L. Journal, 11673, 11682. 1285. Non-contributing members. As to brothers over sixty years of age who become non-contributing members, see Section 1951 of this Digest. 1286. Odd Fellows' Home. No brother shall be required to pay Lodge dues while an inmate of the Home as an indi- gent. — Constitution Subordinates, Art. IV, Sec. 4. Note. — No weekly dues shall particular, without payment of accrue against any such member, weekly dues — (1892 S. G. L. Jour- but he shall remain in good nal, 13046, 13117, 13161). standing, in every respect and (See Odd Fellows' Home; Aged Odd Fellows.) (See Sections 2083 and 2084.) 2. ARREARS. 1287. Fines, assessments and dues. Fines or assessments cannot be added to dues. Fines, assessments and dues are each and all of them separately considered, and cannot in any instance be combined. — 1896 Journal, 408, 607, 630. 1288. Delinquency depends on length of time and not amount — One week's dues or a fine or an assessment. Dues, fines and assessments are not to be taken collectively in mak- ing the computation, because delinquency depends upon the length of time delinquent and not the amount delinquent. If a brother neglect or refuse to pay one week's dues, or a fine, 23 354 Dues. or an assessment for more than thirteen weeks, he would be thirteen weeks in arrears. — 1895 Journal, 21, 195, 196, 236. 1289. When delinquency commences. Dues are due and payable every week. If a member do not pay at the end of a week he is delinquent for that week, and so on until thir- teen weeks are counted, if he fail to pay. — 1888 Journal, 28, 122, 163. 1290. When thirteen weeks in arrears. A brother's quar- terly dues remaining unpaid at the expiration of a quarter he would be thirteen weeks in arrears. — 1860 Journal, 63, 72. 1291. The same. Where the By-Laws provide that *'no member who is more than thirteen weeks in arrears shall be entitled to receive benefits," the arrears begin, so as to debar a brother from benefits, the moment the brother is delin- quent for thirteen weeks in the payment of his dues. — 1887 Journal, 767, 875, 888. 1292. Thirteen weeks in arrears for dues — Last day thereof. Under By-Laws which read : " A member more than thirteen weeks in arrears for either assessments, dues or fines shall not be entitled to benefits," ''Every member shall pay as dues nineteen and three-thirteenths cents per week into the general fund," a brother on the last day of the thirteen weeks of arrearage for dues would not be thirteen weeks in arrears for dues on that last day. He would not be thirteen weeks in arrears for dues until the expiration of that day. In other words, he has all of that day in which to make his payment. — Bigelow vs. Marion Lodge, 1903 Joui'- nal, 140, 154. 1293. When six months in arrears. Where a brother's dues remain unpaid for six months, at the expiration of six months he is considered in arrears over six months. — 1878 Journal, 947, 974; 1882 Journal, 736, 844, 879. 1294. The same. Where the By-Laws of a Lodge provide that "no member shall be entitled to benefits who is over twenty-six weeks in arrears for dues," and also that '*a Dues. 355 member shall not be in arrears until after thirteen weeks' non-payment of dues," it does not follow that a member must have failed to pay his dues for thirty-nine weeks to be deprived of benefits ; if he fail to pay he becomes not entitled to benefits at the end of twenty-six weeks, for a member will be in arrears for dues twenty-six weeks at the expiration of twenty-six weeks from the time when his account for dues exactly balances.— 1884 Journal, 15, 116, 153. 1295. Twenty-four months' dues in arrears. If a member owe or be in arrears for twenty-four months' dues, the Lodge can lawfully collect the amount for the twenty-four months.— 1895 Journal, 40, 225, 249. 3. SUSPENSION FOR NON-PAYMENT OF DUES OR DEMANDS. 1296. Time and manner of suspending for non-payment of dues or demands. Any member neglecting or refusing to make payment of his dues, or demands against him, to the Lodge, according to its By-Laws, for the space of twelve months, the fact that he is in arrears more than twelve months shall be announced by the Financial Secretary, or if there is none, by the Recording Secretary, in open Lodge, at least two regular meetings, and he shall be suspended from membership and shall be so declared by the Noble Grand, unless other\vise determined by a vote of the Lodge. When a brother is eleven months in arrears, the Financial Secre- tary, or, if there be none, the Recording Secretary, shall give him personally, or shall send him by mail, to his last given address, a written notice of the state of his account. The failure or neglect to give or send this notice shall not delay or afl^ect the validity of the suspension ; and provided^ that no person shall be suspended under this section while charges are pending against him, and provided^ that a mem- ber may, prior to suspension, pay a sufficient portion of the amount due to avoid suspension. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 1. Note. — A member may be sus- inp in arrears for dues — (1868- pended or dropped from member- 1870-1880 R. G. L. .lournal, 4397, Rhip, but he cannot be expelled 4418-4891, 4892-4887; 1000 S. G. from the Order on account of be- L. Journal, 518, 827, 873). 356 Dues. 1297. Over sixty years of age and a contributing member for twenty-five consecutive years. Provided, that no mem- ber shall be suspended for non-payment of dues who is over sixty years of age, and who has been a contributing member for twenty-five consecutive years, but he shall be retained as a non-beneficial member, and as such shall be entitled to the password and all the privileges of active members, except benefits. The Lodge shall not be compelled to pay per capita tax on such non-beneficial members. Such non-benefi- cial members may be reinstated in the manner as provided for the reinstatement of suspended members for non-pay- ment of dues. — Constitution, Art. VIII, Sec. 1, Clause 1. Note. — The words "contribut- including the time an unexpired ing member for twenty-five eon- Withdrawal Card may have been secutive years" mean continuous held — (1903 S. G. L. Journal, 18, membership for twenty-five years, 284, 314). 1298. When brother ceases membership. A brother does not cease membership until the expiration of the second meeting at which his name is announced, and should the brother present the amount of his dues previous to the expiration of that time, the Lodge should accept it and give him credit therefor. — Porter vs. Magnolia Lodge, 1864 Jour- nal, 482, 521, 522. 1299. Suspension for fines. A brother cannot be sus- pended from membership in his Lodge for non-payment of a fine imposed until the same is one year in arrears. Section 6, Article VIII, Constitution of Subordinates, applies to his suspension from rights and benefits, and not from member- ship.— 1898 Journal, 13, 231, 277. 1300. Charges. A brother cannot be suspended for non- payment of dues while charges are pending against him. Nor can a brother be expelled for non-payment of dues. — 1896 Journal, 408, 588, 629. 1301. Time, not the amount of arrears, governs. When a brother is in arrears for dues for six or seven months, and an assessment of $5.00 is levied, or fines amounting to $7.00 for non-attendance as an officer are imposed, he cannot Dues. 357 legally be declared suspended for non-payment of dues, because the time fixed by law must govern, and not the amount due. A brother cannot be suspended for non-pay- ment of dues or demands until he is twelve months in arrears. —1883 Journal, 1001, 1150, 1175; 1885 Journal, 287, 403, 432; 1887 Journal, 887, 890. Note. — To suspend or drop a be regarded and not the amount member for the non-payment of due — (1882 S. G. L. Journal, dues, the time fixed by law must 8838, 9025, 9101). 1302. Cannot refuse to receive dues in full or in part. No Lodge can refuse to receive in full or in part the dues of a member prior to his suspension, and no brother can be sus- pended or dropped from membership in the Order for non- payment of dues, unless at the time of the suspension he shall be indebted to the Lodge for one year's dues. — 1878 Journal, 825, 928, 965. 1303. Failure to deduct dues from benefits. A brother was on the sick-list of his Lodge, and received benefits from December 31st, 1897, to June 23d, 1898, when he was declared off the sick-list. He resided in a county other than the one in which his Lodge was located and was under the charge of a Relief Committee where he resided. He did not appeal from the action of his Lodge declaring him not entitled to benefits. In January, 1898, the Lodge changed, with other officers, its Secretary, and this new Secretary failed to notify the Relief Committee to deduct his dues from the payments of sick benefits to him. Therefore, in June, when he was declared off the sick-list, he was indebted to the Lodge for dues for the five months preceding said month of June. When he was eleven months in arrears for dues he was notified of his arrearages, according to the directions of the Constitution of Subordinates. He replied that he had no money with which to pay the same, and that the Lodge should have retained the amount of his dues from the pay- ments made to him of sick benefits prior to the time he was declared off the sick-list. The Lodge did not owe him any benefits, and was not otherwise indebted to him. He, being more than twelve months in arrears for dues, being indebted 358 Dues. \ to the Lodge for dues since the first day of January, 1898, could be suspended for non-payment of dues. — 1899 Journal, 438, 657, 658, 679. 1304. Insane brother cannot be suspended. A brother cannot cease membership for non-payment of dues while insane.— 1877 Journal, 682, 699 ; 1886 S. G. L. Journal, 10252, 10487, 10511. 1305. Insane and not entitled to benefits. A Lodge cannot suspend a member for non-payment of dues while insane, even if he were not entitled to benefits when taken sick. — 1889 Journal, 32, 122, 163. 1306. A brother suspended for cause may be suspended for non-payment of dues. A brother suspended for two years, or for any other length of time, for cause, his dues accrue weekly and are payable during his suspension, the same as if he were not suspended for cause, and he is subject to the same penalty for non-payment as if he were not sus- pended for cause, and may be suspended for non-payment of dues.— 1895 Journal, 23, 195, 196, 236; 1890 Journal, 430, 434, 569; 1897 Journal, 805, 1030, 1054. 1307. The same. When a brother is suspended for a stated term for cause, the disability expires at the end of the term. Dues accrue during suspension for cause, and if a brother owe $5.00 at the time of his suspension, he would, two years thereafter, owe the Lodge that amount, plus two years' dues and the assessments that may be levied in the meantime, provided he pay nothing into the Lodge during the time he stands suspended. If he refuse or neglect to pay, the Lodge may, if it see fit, suspend him for non- payment of dues, by complying with the law in relation thereto.— 1895 Journal, 19, 195, 196, 236; 1860 Journal, 51. 1308. Expelled and an appeal sustained. Lodges have no right to refuse a brother admission whose appeal to the Grand Lodge on a sentence of expulsion has been sustained ; nor, in such case, to declare him ceased membership for non- payment of dues, when the brother is willing and ready to pay the same. — 1862 Journal, 321. Education — Emblems. 359 1309. Such suspension shall not be published. Sus- pensions for non-payment of dues shall not be published in the Journal of Proceedings. — 1855 Journal, 156. 1310. First announcement of arrears. The first announce- ment of a brother's arrearages under Article VIII, Section 1, Clause 1, of the Constitution of Subordinates, should not be made in the Lodge until after the brother be twelve months in arrears. — 1864 Journal, 482, 521. 1311. Vice-Grand and suspension for non-payment of dues. A Vice-Grand occupying the chair of the Noble Grand during the latter 's absence can legally declare suspended for non-payment of dues a member whose name has been prop- erly read in the Lodge as being delinquent on two meeting nights previous to the night of the declaration of suspension. —1895 Journal, 19, 195, 196, 236. EDUCATION. 1312. Education Fund. The Lodge may provide by its By-Laws for a widows', orphans' and educational fund. — Constitution Subordinates, Art. IV, Sec. 1. 1313. When Lodge may refuse to furnish funds for. A Lodge may refuse to furnish funds for the education of orphans of deceased brothers when the legal guardian of such orphans will not permit the Lodge to select the place of education.— 1866 Journal, 219, 229. (See Funds; Membership; Visiting and Visitors.) EMBLEMS. 1314. Grand and Subordinate Lodges not responsible for certain corporations and associations. Resolved, That neither this Grand Lodge nor any Lodge under its juris- diction is or will be responsible, pecuniarily or otherwise, for any business corporations or associations that use the name of the Order. Resolved, That the Grand Secretary be instructed to have the above resolution published on behalf of this Grand Lodge.— 1878 Journal, 983, 986. 860 Emblems. 1315. Emblems and name of the Order cannot be used for business purposes, etc. No member of this Lodge shall exhibit, or in any way use for business purposes, or upon his business card, or sign, any emblem of the Order, nor any name by which this Order or any of its branches are known ; and no member of this Lodge shall become or continue a member or officer of any association or corporation using such emblem or name for business purposes. Any member violating any of the provisions of this section shall, upon conviction thereof, be suspended for not less than one year, or expelled, as the Lodge may determine. The provisions of this section shall not apply to any Odd Fellows' Library, Hall or Cemetery Association, nor to corporations or asso- ciations now existing which are bona fide in process of disso- lution, and which shall in good faith prosecute such dissolu- tion to completion within a reasonable time. — Constitution Subordinates, Art. X, Sec. 3. 1316. The use of emblems and name prohibited. Whereas, The Independent Order of Odd Fellows was instituted for the purpose of visiting the sick, relieving the distressed, burying the dead, and educating the orphan ; and. Whereas, the Sovereign Grand Lodge has expressly pro- hibited the use of the emblems belonging to the Order in connection with any advertisement ; and, Whereas, certain incorporated companies and private indi- viduals have assumed the name and emblems of Odd Fellow- ship for business purposes; and. Whereas, such assumption of the name or emblems of the Independent Order of Odd Fellows might induce the public to believe that such institutions or individuals are acting with the sanction or under the control of the Order, and that the Order guarantees their credit, and is responsible for their liabilities ; and. Whereas, any such institution or person is liable in the vicissitudes of trade and the fluctuations of prices, to loss or failure, in which event the reputation of the Order would be involved in such disaster, and thus become the object of reproach; therefore, I Emblems. 361 Resolved, That the Grand Lodge of the Independent Order of Odd Fellows of the State of California disapproves, and to the extent of its powers hereby forbids, the assumption or use of the name or emblems of the Order by any incor- porated company or private individual for the transaction of any business, and disclaims all responsibility imputed to it by the use of any such name or emblems. — 1871 Journal, 472. 1317. A savings bank should not use the name of the Order. A savings bank, though officered and managed by members of the Order, and established and operated for the sole purpose of doing business with Lodges and Odd Fellows, should not use the name of the Order, and a State Grand Lodge has no authority or power to grant it permission so to do.— 1893 S. G. L. Journal, 13619, 13680 1318. Illegal to use the name "Odd Fellows' Band." It is not lawful to use the name of ''Odd Fellows' Band," it being the intention of the band to compete for general busi- ness with other bands in the same city. The use of such a name would be in conflict with Section 3, Article X, of the Constitution of Subordinates.— 1888 Journal, 1022, 1111, 1130. 1319. Building and loan associations not to use the em- blems, initials, etc. The use of the name, symbols, initials or emblems of the I. O. 0. F. in connection with any enter- prise to be known as an I. O. 0. F. or Odd Fellows' Hall or Building Association, or I. 0. O. F. or Odd Fellows' Build- ing and Loan Association, or to any such association limiting its membership to members of our Order, or any association limiting its management to our membership, is illegal. No Grand Lodge shall have any authority to give its sanction to any such enterprise. Any Odd Fellow violating the pro- visions of this resolution shall, on conviction, be expelled. Nothing herein shall be construed against or inhibit the building and support of any Temples, Widows' and Orphans* Homes, Asylums, Schools, or Halls, which are used or to bo erected and maintained within the legitimate purposes of the I.- 0. O. F.— 1891 S. G. L. Journal, 12677, 12709. 362 Encampment. 1320. Emblems, name, titles, mottoes and initials. No member of the Order shall either directly or indirectly use or sanction the use of any of the emblems, the name, or any of the titles or mottoes or the initials of the Order in the prosecution of any private business or enterprise; nor use any of them in any advertisement or public display not authorized by some law of the Order. — 1871 S. G. L. Journal, 5143, 5183, 5199, 5247. 1321. Business envelope. The use of the all-seeing eye and the three links on a business envelope is a violation of our law.— 1905 Journal, 743, 922, 936. 1322. Certain emblems and badges. The "Three Links," the words ''Friendship, Love and Truth" and the initials *'F. L. & T." are adopted emblems and badges of the Inde- pendent Order of Odd Fellows.— 1900 S. G. L. Journal, 782, 854, 875. 1323. "Odd Fellows." The use of the words "Odd Fel- lows" is a use of the "Name" of the Order within the mean- ing of all laws forbidding the use of such name. — 1896 S. G. L. Journal, 15043, 15085; 1899 S. G. L. Journal, 38, 365, 394. 1324. Use of one's name as member or officer of Lodge. No member or officer of any Lodge of this Order shall, either directly or indirectly, use or permit the use of his name as such member or officer in any private business or enterprise. —Approved 1902 S. G. L. Journal, 555, 987, 1004. ENCAMPMENT. 1325. Certain resolutions not in order. A resolution that a committee of three members of this body who have attained the Royal Purple Degree be appointed to examine the mem- bers of this Grand Lodge, and report the names of all Royal Purple Degree members to the Grand Master, is not in order in the Grand Lodge.— 1856 Journal, 186, 187. 1326. Encampment Degrees. A Grand Lodge cannot require any of its members to be in possession of Encamp- Encampment. 363 ment Degrees, such as the Royal Purple.— 1852-1855-1877 Journal, 1922, 1957, 2487, 2507, 2520, 2815, 2831. 1327. Certificate of standing to join Encampment. Neither the Lodge nor the Secretary thereof has the right to refuse to a brother of the Third Degree in good standing a certificate of his standing in the Lodge, to be filed with an application for membership in an Encampment. — 1900 S. G. L. Journal, 518, 827, 873. 1328. The same — No vote necessary for such certificate. It is the duty of the Recording Secretary to fill out and furnish to any Scarlet Degree member in good standing such certificate with the seal of the Lodge attached upon applica- tion therefor, and no vote of the Lodge is necessary for such certificate.— 1886 S. G. L. Journal, 10523, 10660; 1869 S. G. L. Journal, 4466, 4598, 4614 ; Constitution Subordinates, Art. Vn, Sec. 3. 1329. Grand Representative. A Grand Representative to the Sovereign Grand Lodge must have attained the Royal Purple Degree in a Subordinate Encampment. — 1889 Jour- nal, 34, 122, 163. Note. — He must be a member ment in good standing — S. G. L. in good standing of an Encamp- Constitution, Art. IX, Sec. 3. 1330. Witness before Encampment Trial Committee. On application of a Trial Committee of an Encampment, in writ- ing, to the Noble Grand of the Lodge of which the party wanted as a witness is a member, such Noble Grand shall, by written order, require the attendance of such witness before such committee, if within his county, or before a referee, to take his testimony. If such witness shall neglect or refuse to obey such order, without a sufficient excuse (to be deter- mined by his Lodge), he shall be deemed guilty of contempt, and may be fined, reprimanded, suspended or expelled, as his Lodge, by ballot, may determine. — 1867 Journal, 347, 348, 359; 1883 Journal, 1159, 1176. 364 Endowment — English Language — Exceptions. 1331. Encampment cannot visit Subordinate. An En- campment cannot visit a Subordinate Lodge, as a body, in regalia.— 1871 Journal, 366, 415, 471. (See Regalia.) ENDOWMENT. 1332. Must be by voluntary contributions. A Grand Lodge possesses the right to establish widow and orphan's endowments and "funeral benefit associations," provided they are founded upon the basis of voluntary contributions by those members of the Order who may form in the juris- diction an auxiliary association for such purpose. It is against the organic law to make forced assessments for any such object.— 1877-1878 S. G. L. Journal, 7363, 7451, 7888. 1333. Such scheme cannot be made compulsory. A Grand Lodge cannot enforce upon the whole or any portion of the Lodges in its jurisdiction an Endowment Scheme, although a majority of the Lodges in its jurisdiction vote therefor, nor can they empow^er any member of said Lodge to utilize said Endowment Scheme for their individual or collective benefit.— 1881 S. G. L. Journal, 8534, 8701, 8767. ENGLISH LANGUAGE. (See Appeals; District Deputy Grand Master, under the head of Officers ; Initiation ; Installation ; Membership ; Pass- words; German Lodges). EVIDENCE. (See Trials; Benefits; Appeals.) EXCEPTIONS. 1334. Bill of. The law provides that a bill of exceptions may be filed to the report of a Trial Committee, or to the report of a Benefit Investigating Committee. — Constitution Subordinates, Art. VIII, Sec. 4; Art. IV, Sec. 5. (See Trials; Benefits; Appeals.) Experts — Expulsion — Extinct Lodge. 365 EX-PARTE STATEMENT. 1335. Grand Lodge will not consider. The actions of Lodges are not passed upon or reviewed by the Grand Lodge upon ex-parte statements. (See Appeals.) EXPERTS. 1336. Examination of books. A Lodge has a right to appoint an expert to examine its books at any time that it deems expedient. — Wright vs. Chorro Lodge, 1905 Journal, 931, 948. EXPULSION. 1337. Notice of. Notice of all expulsions shall forthwith be forwarded to every Lodge in the county, to the Subordi- nate Encampment and Rebekah Lodge of which the brother is a member, and to the Grand Secretary. — Constitution Sub- ordinates, Art. VIII, Sec. 8. 1338. Expelled member and an appeal. A brother who has been expelled cannot enter the Lodge room during ses- sion for any purpose pending an appeal from him on expul- sion. Expulsion from a Subordinate Lodge is absolute, and severs membership totally from the Lodge, Encampment and Canton. While the right to appeal is sacred under the law, yet a member expelled from a Subordinate Lodge stands expelled until the order from Grand or Sovereign Grand Lodge for his reinstatement to membership reaches the Sub- ordinate Lodge.— 1898 Journal, 10, 221, 240; 1889 S. G. L. Journal, 11482, 11728, 11786. (See Trials; Admission to one's own Lodge; Grand Lodge; Subordinate Lodge; Degree Lodge; Black Book.) EXTINCT LODGE. 1339. No member shall organize. No member of this Lodge shall be concerned in organizing any extinct Lodge of Odd Fellows. — Constitution Subordinates, Art. X, Sec. 1. (See Charter; Membership; Cards; Visiting and Visitors.) 366 Fees. FEES. 1340. Initiation, admission and degrees. The fees of the Lodge shall not be less than $10.0Q. for initiation; $5.00 for admission by card; $5.00 for each degree; $8.00 for an Ancient Odd Fellow, and $10.00 by deposit of Dismissal Cer- tificate. No card or admission fee shall be required in case of those who become members on an unexpired Withdrawal Card on transfer of membership. The dues of this Lodge shall not be less than twelve and one-half cents per week for beneficial members, and five cents per week for non- beneficial members, both payable weekly in advance; pro- vided, that the dues of non-beneficial members shall not be more than one-half the amount charged to beneficial mem- bers. In addition to the foregoing, the Lodge may provide by its By-Laws for a widows ', orphans ' and educational fund, and funeral tax, and for extraordinary assessments for Lodge purposes. — Constitution Subordinates, Art. IV, Sec. 1. 1341. Transfer of membership by card — No fee. When a member of the Order applies for admission to membership in another Lodge by transfer of membership by card under the provisions of Section 2, Article III, Constitution of Subordi- nates, and is elected and thereafter as therein provided, obtains a Withdrawal Card and the Lodge in which he is elected to membership receives his Withdrawal Card, but before it has expired, and he signs its Constitution and thereby becomes a member thereof, he is not required to pay any card or admission fee. — 1904 S. G. L. Journal, 757-761, 845; Constitution Subordinates, Art. Ill, Sec. 2; 1905 Jour- nal, 750, 751. 1342. New law on transfer of membership by card. A brother to join another Lodge, under the new law of 1904 of the Sovereign Grand Lodge, on transfer of membership by card (see S. G. L. Journal, 761, and Sectfon 1856 of this Digest), must apply only in the manner prescribed in said law and must bring himself strictly within the conditions prescribed in the law before he is entitled to its benefits, and if he does not, then he must pay the fee prescribed by the local law.— 1905 S. G. L. Journal, 28, 221, 244, 29. i^ Fees. 367 1343. Local law conflicting with the new law — Fees and increased fees for age. Where a brother transfers his mem- bership from his old Lodge to another Lodge by reason of his change of residence under the provisions of the new law of the Sovereign Grand Lodge of 1904 on transfer of mem- bership by card and in compliance with the conditions it prescribes, he is entitled to admission to his new Lodge without the payment of any card or admission fee. This Sovereign Grand Lodge law overrides any local law or Sub- ordinate Lodge Constitutional provision requiring such fees in such cases or requiring such fees and an additional or increased fee for each year over a certain age in such cases. —1905 S. G. L. Journal, 36, 219, 243. 1344. The new law — When certain fees should be returned. Where a brother who came within the provisions of the law of the Sovereign Grand Lodge of 1904 on transfer of membership by card applied after the law went into effect for transfer by card, tendering fees as called for by Constitution and By-Laws of the Lodge, and was elected and accepted, and neither the Lodge nor the brother was aware of the new law, yet he is entitled to admission to his new Lodge without payment of any card or admission fee, and under these conditions the fees paid by the brother should be returned to him.— 1905 S. G. L. Journal, 36, 219, 243. 1345. Admission fee — Card — Certificate. The law of the Sovereign Grand Lodge of 1904 on transfer of membership by card does not prohibit in the future all Lodges from charging an admission fee to members seeking admission in their Lodge by card or certificate. The said law only applies to brothers who come within its descriptive provisions, and they are not required to pay an admission or card fee. — 1905 S. G. L. Journal, 47, 219, 243. 1346. The new law — An illegal By-Law. The said new law of 1904 on transfer of membership by card does not become applicable until the member applies for admission to the Lodge of his new residence. A Lodge has no right to 368 Fees. provide by By-Law a fee to be charged brothers who do not signify under the provisions of the new law their intention of joining another Lodge.— 1905 S. Q. L. Journal, 24, 219, 243. 1347. When reinstated after expulsion. A member, on being reinstated subsequent to expulsion, must pay the same fee, on re-entrance to a Lodge, as an initiate of the same age, or such lesser fee as the By-Laws of the Lodge may pre- scribe.— 1895 Journal, 19, 195, 196, 236; 1878 Journal, 818, 928, 967. 1348. Suspended for non-payment of dues and reinstated within one year thereafter. A member suspended for non- payment of dues who applies for reinstatement within one year thereafter must pay the amount of one year's dues. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 2. 1349. Suspended for non-payment of dues and reinstated more than one year thereafter. A member suspended for non-payment of dues who applies for reinstatement after the lapse of more than one year from the date of such suspen- sion, must pay the amount of one year's dues, or such greater sum as the By-Laws of the Lodge may prescribe. — Constitu- tion Subordinates, Art. VII, Sec. 1, Clause 2. Note. — By the legislation of for non-payment of dues is rele- the Sovereign Grand Lodge of gated to and placed under the 1902, the question of the rein- control of Grand Lodges — See statement of members suspended Section 1914 of this Digest. 1350. To reduce or increase initiation fee. A Lodge may reduce its initiation fee as low as $10.00, but it must be done by amending its By-Laws in the regular manner; and if it wish, after a certain date, to restore the initiation fee to what it had been, it must again amend its By-Laws. The Grand Master cannot grant a dispensation to reduce such initiation fees.— 1895 Journal, 22, 195, 196, 236 ; 1857 Jour- nal, 201, 274. 1351. To change the amount of fees — Minimum fees — Charter members — Cannot open Charter. Under no circum- stances can a Lodge admit members for less than the min- Fees. 369 imum fees fixed by the Grand Lodge, viz : $10.00 for initia- tion, $5.00 for each of the three degrees, or $5.00 when admitted by deposit of card. No one has authority to grant a dispensation to a Lodge to admit members for less. No Lodge has a right to open a charter. Such a proceeding is not known to our laws. An established Lodge should charge the fees provided for in their By-Laws. The only proper way to change the amount of fees is to pass an amendment to the By-Laws in the regular manner. At the organization of a new Lodge, members of any age over twenty-one years may be admitted at the minimum fees mentioned above, if agreeable to those starting the new Lodge. Charter mem- bers must be charged at least the minimum fee.— 1895 Jour- nal, 20, 195, 196, 236, 180, 250 ; 1874 Journal, 81, 84. 1352. Charter member— Holder of Withdrawal Card. The holder of a Withdrawal Card in date petitioning for a charter for a new Lodge should pay whatever fee the local law provides.— 1905 S. G. L. Journal, 24, 219, 243. 1353. Liability of Charter members — By-Laws. Members who become so by deposit of card (as petitioners for a charter) at the time when the Lodge was instituted, are liable only to pay the amount which admitted them when they became members. If, after their membership, By-Laws be adopted requiring one dollar for every year over forty years of age of applicants for membership, this By-Law is not applicable to charter members admitted prior to the adoption of such By-Law.— 1876 Journal, 391, 392, 474, 508. 1354. New law of transfer of membership by card — Charter members. In the organization of new Lodges where the charter members meet and organize by electing a Chair- man and Secretary, and a sufficient number of members in good standing in their Lodges decide to procure a charter for a new Lodge and authorize the Secretary of the meeting, in writing, to procure for them Withdrawal Cards from their Lodges and deposit with him their official receipts, showing dues paid up beyond the date of presentation of their re- 24 370 Fees. ceipts, the new law of the Sovereign Grand Lodge of 1904 on transfer of membership by Withdrawal Card on change of residence has no application whatever to such cases as stated.— 1905 S. G. L. Journal, 31, 219, 243. 1355. Increased fees for age — Prohibitory fees — Initia- tion fee of $500.00. The Grand Lodge disapproved a By- Law of a Lodge which provided that persons forty-seven years of age and over admitted to membership by initiation shall pay an admission fee of $500.00. It appears upon the face of such a By-Law that it was intended to operate as a practical exclusion from membership of persons over forty- seven years of age, solely because of their age; in other words, to be prohibitory as to such persons. Under the law of our Order there can be no maximum age limit established by Subordinate Lodges for eligibility to membership; and, while a Lodge has a right to fix the admission fees above the minimum rates provided for in the Constitution, it must exercise that power reasonably, and not with the manifest purpose of preventing aged persons making application to participate with us in the benefits and charitable and benev- olent work of Odd Fellowship.— 1904 Journal, 513, 515, 536, 537 ; 1905 Journal, 906, 920. 1356. Discrimination against aged applicants. Under Section 1, Article IV, of the Constitution of Subordinates, each Lodge may adopt such fees for admission (not less than the minimum sums therein fixed) as it may see fit. Such fees, however, must be reasonable — calculated to regulate and encourage, and not to discourage, the upbuilding of the Order ; and must not discriminate against aged applicants to such an extent as shall amount to practical prohibition. — 1905 Journal, 906, 920. 1357. By-Laws at time of application govern. Where the By-Laws fix the fees at a certain amount for each degree, and an applicant for membership receives one degree, and before making application for the other degrees, the By- Laws are altered and the fees reduced, the applicant shall pay for each additional degree the price fixed by the By- Fees. 371 Laws at the time of his application for such. — 1883 Journal, 1001, 1150, 1175. 1358. Forfeiture of fees disapproved, and By-Laws an- nulled. By-Laws that declare the fee of an applicant for membership forfeited to the Lodge when the applicant does not present himself for initiation or admission within six weeks after having received notice of his election, are dis- approved by the Grand Lodge. All By-Laws of Subordinate Lodges providing for the forfeiture of the initiation and admission fees are annulled. — 1867 Journal, 344, 358, 359. Note. — A fee paid for a degree be not made before the brother cannot be appropriated to pay is suspended for non-payment of the dues of the brother. He can- dues, the fee is forfeited unless not demand the money unless the the brother be reinstated — (1887 Lodge refuse to confer the de- S. G. L. Journal, 10717, 10951, gree, and if demand of the money 11005). 1359. Fee for medical examination retained. A Lodge has the right to charge a fee for medical examination of applicants for membership, and to claim its forfeiture in case of rejection, or failure to be initiated, but this fee should not be a part of the initiation fee. — 1879 Journal, 85, 100. 1360. Minimum fees. It is unlawful for a Lodge to initiate or to confer the degrees for less fees than fixed by the By-Laws of the Lodge.— 1895 Journal, 57, 180, 250. 1361. Minimum fees. A Subordinate Lodge cannot confer the Liitiatory and Three Degrees for less than twenty-five dollars. Such sum is the amount of the minimum fees there- for prescribed by the Constitution of Subordinates. — 1898 Journal, 10, 231; Constitution Subordinates, Art. IV, Sec. 1. 1362. When fees should be returned. In case a brother who had ceased membership for non-payment of dues apply for reinstatement, and be rejected, the Lodge must return the money or fees sent with the application to the brother. — 1862 Journal, 304. 1363. Where candidate dies, fee returned. If a person who has been elected to become a member of a Lodge die 372 Fees. before he is initiated, the initiatory fee should be returned to his representatives. — 1867 Journal, 339, 350. 1364. No part of minimum fee can be returned. It is not lawful for the Lodge to confer the entire work upon an applicant for the minimum amount, and then return a por- tion to the brother, thereby admitting to membership and degrees for less than minimum fees. — 1891 Journal, 586, 686, 715 ; 1900 Journal, 45, 233, 240. 1365. When Lodges cannot charge fees for services. A Subordinate or Degree Lodge, when conferring degrees upon an order from another Lodge, has no right to make any charge or collect any fees for such service from the Lodge sending the order.— 1882 Journal, 864, 872, 885. 1366. Return of fees if initiate reside in another Lodge's jurisdiction. A Lodge admitting a member who resides in the jurisdiction of another Lodge without the permission of the latter Lodge, must return the fees (initiation and degrees) to the Lodge from whose jurisdiction the member was taken. This law applies to a charter member as well as any other member. The fee demanded is the fee of the Lodge near the residence of the member. — 1897 Journal, 808, 994, 1034; 1902 Journal, 927, 944; 1872 Journal, 575, 576, 665, 684. 1367. Effect of failure to pay initiation fee. A brother regularly admitted to a Lodge is a member of the Lodge, notwithstanding the fact that through the neglect of the Secretary he has not paid the requisite fee for admission. The moment he is initiated he is an Odd Fellow. — 1856 Jour- nal, 207, 223 ; Wormwood vs. Clear Lake Lodge, 1873 Jour- nal, 840, 841, 855. 1368. Admitted for less than is due. An error in admit- ting a brother, by payment of less than is due, does not deprive the brother of membership. The balance due can be charged against him on the books. — 1869 Journal, 64, 76. 1369. Receipt and disposition of initiation fee. The initiation fee accompanying the petition for membership I r I Finances and Finance Committees. 373 should be paid to the Recording Secretary. Should the person be elected to membership, the money is then paid to the Financial Secretary; if, however, the candidate be rejected, the Recording Secretary should return the money to the petitioner.— 1896 Journal, 410, 588, 629. 1370. Initiatory fees prior to the candidate's election. The fee for an initiatory member should not be paid to the Treasurer or reported among the receipts of the evening prior to the election of the candidate. — 1896 Journal, 437, 607, 636; 1857 Journal, 271; 1880 Journal, 361, 376. 1371. Degree fees prior to applicant's election. Degree fees should not be entered upon the record or reported among the receipts of the evening or paid over to the Treasurer until after the applicant's election. — 1859 Journal, 447, 529; 1868 Journal, 413, 527 ; 1896 Journal, 437, 607, 636. 1372. Fees when candidate elected. All fees must be paid to the Treasurer and reported among the receipts the same evening the applicant is elected. They are not the property of the Lodge till the candidate is elected. — 1896 Journal, 437, 607, 636 ; 1889 Journal, 32, 122, 163 ; 1857 Journal, 271. 1373. By-Laws and disposition of fees. The Recording Secretary shall not pay the initiation fee to the Treasurer before the ballot is taken, except the By-Laws of the Lodge otherwise provide. — 1870 Journal, 188, 255. 1374. Fees for degree. They are subject to the control and regulation of a Grand Lodge. — 1903 S. G. L. Journal, 23, 284, 314. (See Aged Odd Fellows.) FINANCES AND FINANCE COMMITTEES. 1375. Committee on Finance is a regular committee. It is a regular committee of the Grand Lodge required to be appointed at each annual session from among, the members present. — Constitution Grand Lodge, Art. VI, Sec. 2. 374 Finances and Finance Committees. 1376. Committee on Finance — Appointment and duties. The Committee on Finance shall consist of five members, who shall be appointed by the Grand Master, by and with the consent of the Grand Lodge, whose duty it shall be to examine and report on all accounts and claims against the Grand Lodge previous to their being passed for payment by the Lodge; but claims against the Odd Fellows' Home Fund shall be examined and audited by the Trustees of the Odd Fellows' Home before payment, instead of by said Finance Committee, and be paid by warrants drawn upon said Home Fund by the President or the Board of Trustees, counter- signed by the Grand Secretary. Said Finance Committee shall examine the accounts of the Grand Secretary, Grand Treasurer, Trustees and Trustees of the Odd Fellows' Home, annually; ascertain the amount of funds in the hands of each, and report the result of their examination, and the condition of the finances, and of each of the funds thereof immediately thereafter to the Grand Lodge; also, ascertain and report at the commencement of each annual session the amount required for the expenses of the Grand Lodge, and of the Odd Fellows' Home for the ensuing year, and suggest such measures of finance as they may deem expedient. — Constitution Grand Lodge, Art. VI, Sec. 4. 1377. Demands against Grand Lodge. When any demand shall have been approved by a majority of the Finance Committee, the Grand Master shall order the Grand Treasurer to pay the same. — Constitution Grand Lodge, Art. IV, Sec. 1. 1378. Bank in which Grand Treasurer shall deposit money. The Finance Committee designates to the Grand Treasurer in writing, the bank in which he shall deposit all moneys belonging to or placed in his charge by the Grand Lodge. It has the power to change the bank where such money shall be deposited, and in case of a change, it shall be charged with the duty of seeing that the directions as to change of deposit are carried out. — Constitution Grand Lodge, Art. IV, Sec. 5. Finances and Finance Committees. 376 1379. Inspection and examination of accounts, books, funds, etc. The Finance Committee are to inspect and examine the accounts, books, bank book, reports and funds in hands of Grand Treasurer, or the evidence of the deposit thereof in bank, and report result, etc., of their examination. — Constitution Grand Lodge, Art. IV, Sec. 5, and Art. VI, Sec. 4. 1380. Duty in regard to Trustees. The statement of the funds and investments belonging to the Grand Lodge made by the Trustees, the Finance Committee shall carefully ex- amine in the same manner as the funds and accounts of the Grand Treasurer are required to be examined, and report the result, etc., of their examination. — Constitution Grand Lodge, Art. IV, Sec. 6, and Art. VI, Sec. 4. 1381. Grand Lodge Trustees to count the money, examine books, etc. The Trustees shall also, at least twice a year, and at such other times as they may deem necessary, examine the books, accounts and vouchers in the hands of the Grand Secretary, and also count the money and examine the books and vouchers in the hands of the Grand Treasurer — Consti- tution Grand Lodge, Art. IV, 'Sec. 6. 1382. Finance Committee to ascertain deficiency — Grand Lodge — Odd Fellows' Home — Assessments. At the regular annual sessions the Finance Committee shall ascertain what will be the deficiency for the current year to pay the esti- mated expenses of the Grand Lodge, and the amount of such deficiency shall be assessed upon each Subordinate Lodge, in proportion to the number of its members returned at the last semi-annual report thereof, ending June 30th of each year, said amount payable in July. The Finance Committee shall also ascertain the deficiency for the current year to pay the estimated expenses of the Odd Fellows' Home, and the amount of such deficiency shall be assessed upon each Subordinate Lodge, in proportion to its members, as shown by the semi-annual reports for each term, payable in July and January of each year, in such proportions as the Grand Lodge may determine. Said assessments shall be assessed 376 Finances and Finance Committees. upon the members not suspended at the dates above men- tioned. Such assessments shall be paid to the District Deputy Grand Masters prior to the installation of officers, who shall remit the same to the Grand Secretary without delay. — Constitution Grand Lodge, Art. VIII, Sec. 3. Note. — Lodges shall not be on certain members — See Section compelled to pay per capita tax 193 of this Digest. 1383. Residence of members of Finance Committee. A majority of the Finance Committee of the Grand Lodge must be residents of the same place as the Grand Secretary. —1860 Journal. 82. 1384. No appropriation after report of Finance Com- mittee adopted. No appropriation of any money shall be made by this Grand Lodge for any other purpose than the just and legitimate claims against this Grand Lodge after the report of the Finance Committee shall have been made and adopted. — 1855 Journal, 152. 1385. Finance Committee of Lodge. The Noble Grand shall also, on the evening of installation, appoint a Finance Committee to serve for the terr^i, consisting of three members not having charge of the Lodge funds. — Constitution Sub- ordinates, Art. VII, Sec. 1. (See Section 3281.) 1386. Resignation of member and filling vacancy. It being the duty of the Noble Grand on the evening of installa- tion to appoint a Finance Committee to serve for the term, he may accept the resignation of any member thereof, and fill the vacancy, without the action or approval of the Lodge. — 1901 Journal, 411, 551, 562. 1387. Duties and powers of Lodge's Finance Committee. The duties of the Finance Committee appointed by the Noble Grand to serve for the term under Section 1, Article VII, Constitution of Subordinate Lodges, is not defined, nor is its powers specified in the Constitution. Custom has, however, fixed its duty as that (among other things) of Finances and Finance Commiitees. 377 examining the books of the Secretary, Treasurer and Trustees of its Lodge, and it can do so whenever it may deem it necessary, or advisable, or when directed to do so by the Noble Grand or the Lodge. — 1898 Journal, 273, 281. 1388. Effect of appointing a new Finance Committee. The mere appointment of a Finance Committee for a new term does not excuse the members of the former Finance Committee for derelict conduct while serving as members of such committee; nor does the appointment of a committee for the new term discharge the preceding one from the duty of making a report, nor from any other duty pertaining to that term. The Lodge should, however, act with reasonable dispatch in the matter. — 1884 Journal, 20, 116, 153. (See Fines; Minutes and Records.) 1389. Duty to examine all bills, etc. It is the duty of the Finance Committee to examine all bills and accounts previous to their being passed upon by the Lodge. This includes the stipulated payment of rent, salaries, etc. — 1896 Journal, 409, 581, 628. 1390. Financial affairs of Lodge. It has been the well established practice of the Sovereign Grand Lodge to recog- nize the power of a Subordinate Lodge over its financial affairs as a delicate, sacred and highly cherished preroga- tive.— 1855 S. G. L. Journal, 2496. 1391. Powers of Grand Lodge. Although it is left to the Subordinates, in their discretion, to appropriate their funds for all purposes recognized by the Order, yet that discretion must be exercised in a reasonable manner, and Grand Lodges may enact suitable regulations to prevent their Sub- ordinates from making grossly excessive appropriations for such purposes, to the injury of the funds that should pri- marily be held for purposes of relief. — 1879 S. G. L. Journal, 2772, 2812. 1392. Lodge expenditures and power of Grand Lodge. The reversionary interest a Grand Lodge holds in the funds 378 Fines. of its Subordinates gives it an undoubted right to limit their expenses to purposes within the Order, and may with propriety inhibit a division of funds or other property among the members of a Lodge. — 1857 S. G. L. Journal, 2772, 2812. (See Funds.) FINES. 1393. Good standing and when thirteen weeks in arrears. If a brother neglect or refuse to pay a fine for more than thirteen weeks he would be thirteen weeks in arrears. Dues, fines and assessments are not to be taken collectively in making the computation, because delinquency depends upon the length of time delinquent and not the amount. — 1895 Journal, 21, 195, 196, 236 ; 1896 Journal, 607, 636, 408 ; Wet- tenberg vs. Germania Lodge, 1896 Journal, 576, 637, 638, 639, 617, 618. 1394. Payments, how applied. Provided, that all pay- ments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the pay- ment of dues, assessment and fines, in the order in which they become due ; but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. — Constitution Subordinates, Art. IV, Sec. 2. 1395. By-Laws and Rules of Order. Fines and penalties must be prescribed by the By-Laws. A Rule of Order pre- scribing a fine is unconstitutional and void. — 1886 Journal, 609, 607 ; 1904 Journal, 386, 541, 553. 1396. Investigating Committee and no By-Laws prescrib- ing a fine. It is not legal for a Lodge to fine the members of an Investigating Committee for failing to report at the next Lodge meeting, there being no By-Laws prescribing a fine for such neglect. Fines are a method of punishment for acts or omissions which are by positive law declared to be unlaw- ful.— 1876 Journal, 392, 474, 508. Mei; Fines. 379 1397. Committee on Condolence. In the absence of a By-Law requiring a committee to report within any specified period, the members of the committee cannot be considered in default or subject to penalty until they have been instructed by the Lodge to report and failed to obey such instructions.— 1892 Journal, 127, 138. 1398. Members of Visiting Committee. When the By- Laws of a Lodge provide that each member of the Visiting Committee shall visit sick brothers once a week, and provide a fine for neglect of duty, the neglect to visit each sick brother is a separate offense, and subject to a separate fine. — Eidenmuller vs. Harmony Lodge, 1861 Journal, 163, 187. 1399. Members of Finance Committee. The members of the Finance Committee of a Lodge are liable to fine for their neglect of duty as members of such committee, the mere fact of the appointment of a Finance Committee for the next term does not excuse them, but the Lodge should act with reasonable dispatch. — 1884 Journal, 19, 116, 153. 1400. Absence from committee meeting on Sunday. A fine cannot be inflicted for non-attendance at meetings of Lodge committees held on Sunday, or for non-attendance at a meeting of a General Relief Committee held on Sunday. —1874 S. G. L. Journal, 6329, 6330, 6234, 6314. 1401. Remission of certain fines in discretion of Lodge. When a member stands fined by the laws of the Order, for non-performance of duty in not watching with the sick when duly notified, the question of the remission of such fine without excuse is entirely within the jurisdiction of the Subordinate Lodge. — 1856 Journal, 214. 1402. Refusing to sit up with a sick brother. A Lodge can impose a fine of $2.00 on a brother for refusing to sit up with a sick brother, when the By-Laws so state. — 1904 Jour- nal, 386, 541, 553. 1403. Absence of officers— Fine may be remitted, when. Where the By-Laws of a Lodge provide that "every elected 380 Fines. officer who is absent at roll-call shall be fined one dollar, un- less he is sick, waiting on the sick, being in Government employ, or absent from the county ; but no other excuse shall be taken," the Lodge cannot excuse the Noble Grand for absence at a regular meeting night, he being in attendance at a meeting of another organization. But the Lodge may remit the fine, if the By-Laws do not prohibit such action. — 1885 Journal, 426, 435. 1404. Physician who is an officer of the Lodge. A physi- cian, an officer of a Lodge, is subject to a fine for absence, his absence being caused by his attendance on his patients, if the By-Laws of the Lodge so direct or the Lodge so deter- mine. — 1856 Journal, 202. 1405. Officer who has resigned cannot be fined. A Lodge has no right to fine a brother for non-attendance, who has tendered his resignation as an officer of the Lodge, which resignation the Lodge refused to accept. — 1867 Journal, 339, 349. 1406. Appointed officers absent. Where the By-Laws of a Lodge provide for fining its officers for absence at roll- call, at a regular or special meeting, but contain the proviso that if the appointed officers shall be in the Lodge in time to perform the duties assigned them they shall be deemed present, the Noble Grand or the Lodge, notwithstanding, has the right and authority under such By-Laws to fine the Conductor, Right or Left Scene Supporter, for absence on a meeting night when there is no initiation, and the records of the Lodge show such to be the case. The proviso is not sufficiently broad to excuse absence from an entire meeting. —1884 Journal, 16, 116, 153. 1407. Officers absent, and no quorum. Under a By-Law which provides that officers absent at a regular meeting shall be fined, an officer absent on the night of a regular meeting of a Lodge is subject to a fine, notwithstanding that there may be no meeting for lack of a quorum. — ^Bradden vs. Alturas Lodge, 1873 Journal, 890, 891. Fines. 381 1408. Absence at roll-call — Ante-room. Where a Lodge has a By-Law declariDg that officers shall be fined for absence at roll-call, it is not legal or right for such Lodge, after it is declared to be open, to refuse to permit any of its officers who may be present in the ante-room to work their way into the Lodge until after the roll is called, and then fine them for absence.— 1873 Journal, 872, 892. 1409. Absent at roll-call, but in Lodge thereafter. An officer of a Lodge absent at roll-call, and not present in the ante-room, but who enters during the evening, must, not- withstanding, offer an excuse for his absence at the next regular meeting.— 1887 Journal, 768, 875, 888. 1410. Roll-call. An officer of a Lodge, to be regarded as present at roll-call, must be in a position to answer to his name when the roll is called. Being in the ante-room after the Lodge is opened is not being in the Lodge room. — 1889 Journal, 32, 122, 163. 1411. Absence and roll-call. The Secretary should not record an officer as present who enters the Lodge room after roll-call.— 1905 Journal, 743, 932, 948. 1412. Excuse for absence. An officer who has been absent from the county, and is on his way home, may give ** absence from the county" as his excuse, although he is in the county at the time of calling the Lodge to order; provided^ he exercised due diligence to reach his Lodge. — 1870 Journal, 188, 255, 282. 1413. Fines in case of charges. The Constitution of Sub- ordinates provides for fine as one of the penalties upon con- viction upon charges. (See Trials for such fines.) 1414. Absence of members from Lodge meetings. There is no law of the Sovereign Grand Lodge which forbids the imposition of fines for non-attendance of members in Sub- ordinate Lodges; but the spirit of the Order appears to be opposed to. the policy of such fines. The Sovereign Grand 382 Fines. Lodgre refused to approve a By-Law of one of its own Sub- ordinate Lodg:es which provided that a member might be fined for non-attendance at Lodge meeting. — 1854-1875-1886 S.-G. L. Journal, 2215, 2264, 2327, 6658, 6704, 10255, 10521, 10659. 1415. Duties of Chaplain by Junior Past Grand and fines. A Subordinate has not the right to enact a law making it obligatory upon the Junior Past Grand of a Lodge to per- form the duty of Chaplain of said Lodge, nor if declining to perform said duty, is it competent for said Lodge to fine him for non-performance of duty. — 1855 S. G. L. Journal, 2461, 2491, 2508; 1855 Journal, 136, 140. 141, 149; Collins vs. Yerba Buena Lodge, 1856 Journal, 179, 205. Note. — This is a decision of that he should so act and pre- the Sovereign Grand Lodge on an scribing a penalty, viz: a fine of appeal from this Grand Lodge, in one dollar for a neglect of such a case where the Sitting Past duty. The Sitting Past Grand Grand of a Subordinate Lodge refused to so officiate, giving as refused to officiate as Chaplain a reason that he could not con- in the absence of that officer, the scientiously do so — (1855 S. G. L. By-Laws of the Lodge providing Journal, 2461, 2491, 2508). 1416. Sitting Past Grand cannot be fined. Fines cannot be legally inflicted on the Sitting Junior Past Grand for absence at Lodge meetings, and Lodges cannot enact such fines in their By-Laws, as he is not, strictly speaking, an officer of his Lodge.— 1864 Journal, 487, 564, 565 ; 1888 Jour- nal, 1023, 1111, 1130. 1417. Prayers. It is highly desirable and eminently proper that all Lodges should open and close with prayer, but it is not competent to require the performance of this ceremony under the sanction of penalties. — 1855 Journal, 136, 140, 141, 149 ; Collins vs. Yerba Buena Lodge, 1856 Jour- nal, 179, 205. 1418. Absence from the city as an excuse, and funeral. "Whether a Lodge has the right to fine its members for absence at a funeral Avhen their business calls them from the city on the morning of that day, depends on its By-Laws. — 1873 Journal, 872, 892. Fines. 383 1419. Police or civil officer and funeral. The right of a Subordinate Lodge to fine a brother who is a member of the Police Department, while on duty, when notified by his Lodge to attend the funeral of a deceased brother, is a matter entirely under the control of the Lodge. But no civil officer should be compelled to neglect his duties to attend Lodge duties.— 1863 Journal, 432, 433. 1420. Funeral of a brother of another Lodge. This Lodge may, if it so provide in its By-Laws, impose a fine on its members for refusing to attend the funeral of a brother belonging to another Lodge ; providing the deceased brother, at the time of his death, was under the care of this Lodge. — Constitution Subordinates, Art. VIII, Sec. 14. 1421. Where Lodge has not charge of funeral. A Lodge cannot, unless it have charge of the body of a deceased brother and unless it be attending the funeral in the regular form prescribed by the Order, impose a fine upon its mem- bers for not attending said funeral, though the By-Laws may provide such fine in ordinary cases. — 1864 Journal, 528, 554, 560. 1422. Intemperance of deceased no excuse for absence from funeral. A member fined in accordance with the By- Laws for non-attendance at the funeral of a member of his Lodge, who died in good standing and was buried by the Lodge, must pay the fine, notwithstanding that the deceased died of intemperance.— 1870 Journal, 188, 252. 1423. A brother leaving the city on day of funeral. When the By-Laws of a Lodge provide a penalty of a fine for non- attendance at a funeral of a member, and that absence from the city is a valid excuse for such non-attendance, and a member fails to attend a funeral, admits that he was duly notified, and that he left the city on the very day of the funeral, but refu.ses to say whether he left on business or not, the Lodge may fine the brother for his non-attendance at the funeral. — Harmony Lodge vs. Pfeifi'er, 1868 Journal, 465, 481. 384 Fines. 1424. Absence from funeral of Grand Juror. The By- Laws of a Lodge provide for a Funeral Committee, which shall during a certain period of time, attend in person or by proxy, all funerals which take place under the direction of the General Relief Committee, and shall so attend until their successors shall be appointed; and further provide that each member of the Funeral Committee who absents himself from a funeral shall be fined one dollar, unless he present one of the following excuses, to-wit : sickness, or at- tendance on the sick or dead, burial of the dead, or absence from the city. The Noble Grand failed to appoint the suc- cessors of the committee at the time required by the By- Laws; a member who absents himself from a funeral and does not provide a proxy, presenting the excuse that he was a Grand Juror, and was necessarily engaged as such in the performance of his duty in the Grand Jury, is subject to a fine.— Meeker vs. Apollo Lodge, 1873 Journal, 865, 866, 887. 1425. Fines for absence at funerals. Resolved, That no Subordinate Lodge has a right to impose a fine upon its members for not attending the funeral of a deceased brother who is not interred according to the usual form and cere- monies of the Order, as prescribed by the Sovereign Grand Lodge.— 1864 Journal, 560. 1426. Fines must be paid although funeral irregular. A failure to observe some parts of the form prescribed for funeral procession or funeral ceremonies, or the fact that the Lodge did not occupy the position or place designated in the form, does not necessarily render the funeral illegal so as to exempt or excuse from fine those who violate the By-Laws of the Lodge by non-attendance at the funeral or failure to answer at roll-call on return from the funeral. — Houseman vs. Golden State Lodge, 1892 Journal, 80, 91. 1427. Insufficient notice of funeral. A hailing salutation from the Noble Grand of a Lodge to a brother across the street that ** there will be a meeting to-night" is not a notice duly given to such brother of a meeting held for the purpose I Fines. 385 of preparing for the funeral of a brother. The brother so notified cannot be fined for non-attendance at the funeral, if such be the only notice he received. — Petaluma Lodge vs. Ellsworth, 1875 Journal, 198, 275. 1428. When funeral begins and ends, and special pre- liminary and subsequent meetings. The funeral of a de- ceased member commences when the Lodge takes charge of the body, and ends with the ceremony and work of inter- ment; or, if the body be taken in charge by some other Order, when the Lodge in funeral procession arrives at the place appointed for the starting of the funeral, and ends as before stated. If Lodges desire to enforce the attendance of their members at the special, preliminary and subsequent meetings had in connection with funerals, they must frame their laws so as to require such attendance before they can impose fines for non-attendance at such meetings. — Taylor vs. Eureka Lodge, 1876 Journal, 401, 483, 503. 1429. Attendance at court — Absence from city. Under By-Laws which make absence from the city or attendance on court a valid excuse for non-attendance at a funeral, a brother who lives in the city but works out of the city, and who left the city in the morning of the day of the funeral to so work, and was at the time of the funeral so working, has a valid excuse. So an attorney who is absent from the city in attendance at court, has a valid excuse. — 1882 Jour- nal, 741, 844, 879 ; Barnard vs. Kelly, 1882 Journal, 742, 837. 1430. Funeral dues. Funeral dues are fines or assess- ments imposed on account of the death or funeral of a mem- ber.— 1891 Journal, 585, 690, 716. 1431. Noble Grand's excuse. The Vice-Grand cannot excuse the Noble Grand for being absent when the Noble Grand has a legal excuse. He should be excused by a vote of the Lodge.— 1897 Journal, 839, 994, 1036. (See Trials.) 25 386 Fiscal Year — Flag. FISCAL YEAR. 1432. When commences and ends. The fiscal year of the Grand Lodge commences April 1st, and closes March 31st, of each year. — 1896 Journal, 559, 560. 1433. Grand Treasurer. He shall have his accounts closed up on the thirty-first day of March, annually and submit them to the Finance Committee. — Constitution Grand Lodge, Art. IV, Sec. 5. FLAG. 1434. Odd Fellows* Flag. It is intended for Subordi- nates as well as Grand Lodges and is to be manufactured of white material, either bunting, satin or cotton cloth. The proportions to be eleven-nineteenths of the length for the width. The emblems to consist of three links to be placed in the center of the flag with the letters I. 0. 0. F. and the name of the State, District or Territory using it, to be painted or wrought in scarlet color, and trimmed with material of same color. — 1868-1871 S. G. L. Journal, 4394, 4418, 5168, 5217, 5205-5248. 1435. American flag. It is legal for a Lodge to purchase an American flag.— 1897 S. G. L. Journal, 15168, 15534, 15584, 15613. 1436. Flags on Odd Fellows' graves on Memorial Day. The placing of some symbol or flag over the graves of Odd Fellows when decorating such graves on the Memorial Day set apart for that purpose, is recommended by t)ie Sover- eign Grand Lodge.— 1902 S. G. L. Journal, 962, 997, 1007. FLOOR WORK. (See Work of the Order.) FORMS. (See the Forms affixed to this Digest; and for index thereto, see index to this Digest ; see Grand Secretary, under Officers.) FRATERNAL PRESS. (See Newspapers.) Funds and Property. 387 FUNDS AND PROPERTY. 1437. Trust Fund for charitable uses of the I. 0. 0. F. The funds and property of this Lodge shall be held ex- clusively as a trust fund, to be devoted to no other purpose than the charitable uses of the I. O. O. F., and expenditures legitimately made for Lodge purposes, and the advance- ment of the interest of the Lodge or Order, and the uses and purposes mentioned in Section 2 of this Article. The funds may be invested from time to time as the Lodge shall direct, but no part thereof, or of the Lodge property, or of the proceeds of any sales of such property, shall ever be divided among the members. — Constitution Subordinates, Art. IX, Sec. 1. Note. — All attempts to divert fail from any cause to continue the funds or property of a Lodge as a working body the money and trom the objects or purposes for property of whatever kind of which they were in the name of which it may be possessed and the Order collected, by dividing or belonging thereto, must be sur- appropriating them to some rendered up to and paid over to other object or purpose, before the State Grand Lodge from breaking up or surrendering the which it derived its authority, charter, are wrong, and in direct and no diversion of the funds or violation of the trust which they property, or other disposition of have voluntarily assumed. The it, except for the legitimate ob- funds and property are trust jects of the Order, can or will be funds, and can be applied only to recognized or tolerated by the the objects for which they were Sovereign Grand Lodge — (1864 collected; and when a Lodge shall S. G. L. Journal, 3664, 3697). 1438. The Treasurer or Trustee cannot borrow or use. Xor shall a Treasurer or Trustee be permitted to borrow or use any funds of the Lodge or become surety for the same. — Constitution Subordinates, Art. VI, Sec. 14. 1439. Cannot be loaned to a member. The funds of this Lodge shall not be loaned to a member of this Lodge. — Constitution Subordinates, Art. IX, Sec. 4. Note. — No Lodge shall divert security being given and a reas- the funds from the uses for which onable interest being paid — (1887 they were paid in, nor loan the 8. G. L. Journal, 10009, 10028). ^ame at any time without ample It can loan its funds and make 388 Funds and Property. terms of investment to suit itself, investments — (1890-1895 S. G. L. subject to the provisions of gen- Journal, 11892, 12192, 12270, eral or local laws on the subject 14433, 14461 ) . restricting the character of such 1440. Secured or unsecured loan. No loan, be it a secured or an unsecured one, can be made by the Lodge to one of its members.— 1899 Journal, 465, 628, 675. 1441. When can loan to wife of a member. A Subordi- nate Lodge can loan its funds to the wife of one of its mem- bers, provided she is a sole trader, and is authorized by law to transact business in her own name. Should, however, a transaction of hers be not legal or binding without the con- sent and signature of her husband, and such signature is added to the note and mortgage, then the husband and mem- ber of the Lodge becomes a party to the loan and such loan is in violation of our Constitution, which forbids the Lodge to loan its funds to its members. — 1899 Journal, 465, 631, 675. 1442. OflBcers must give bonds. Every officer having care of the funds of the Lodge is required to give a bond with two sureties, but a Subordinate Lodge may provide in its By- Laws for the acceptance of the guarantee of an incorporated security company in lieu thereof. — 1854 Journal, 77 ; Consti- tution Subordinates, Art. VII, Sec. 12. (See Bonds.) 1443. Surrender or forfeiture of charter. In case of the surrender or forfeiture of charter, all funds and property of Lodge to be surrendered and delivered up to the Grand Lodge or its officers. (See Charter.) 1444. How funds to be invested. The Trustees shall keep the funds invested in such stocks, bonds or other securities as shall be approved by a two-thirds vote of the members present at a regular meeting, or deposit the same in some savings bank. — Constitution Subordinates, Art. VII, Sec. 6. (See Trustees.) > Funds and Property. 389 1445. Other securities do not include a promissory note. In Section 6, Article VII, Constitution of Subordinates, the words ** other securities" in the phrase "and shall also keep the funds invested for the best interests of the Lodge, in such stocks, bonds and other securities as shall be approved by a two-thirds vote," etc., cannot in any sense be construed to mean a promissory note, which in effect is but written evi- dence of a verbal promise of the debtor, and is in no sense a security.— 1896 Journal, 580, 627. 1446. May invest surplus in stock. A Lodge may invest its surplus funds in the stock of a bank, loan and trust com- pany, or other moneyed enterprise which it may deem to be a good paying concern. — 1889 Journal, 72; 1888 S. G. L. Journal, 11102, 11374, 11399. 1447. Stock in Odd Fellows* Hall Association. A Lodge may use a reasonable portion of its funds to purchase stock in an Odd Fellows' Hall Association, although such hall or building when erected will be in part used for other than Odd Fellow purposes.— 1887 S. G. L. Journal, 10713, 10951, 11005. 1448. Real estate, building of halls, etc. A Subordinate Lodge has a right to spend its funds, not otherwise inter- dicted, for the purchase of real estate, the building of halls, the purchase of large and costly frames for charters and pic- tures, albums for the same purpose, and many other such articles.- 1879 S. G. L. Journal, 8166, 8182. 1449. Building of road to Lodge's hall. A Lodge owning a hall cannot appropriate money from its funds to build a road from the town in which its hall is situated to a railroad station, as the object for which the appropriation should be made cannot be regarded as one of the legitimate objects of the Order. Nor can the appropriation be supported on the ground that the building of the road will benefit the prop- erty. If the hall were controlled by an association in which the Lodge was a mere stockholder, then the association would have the right to make such an appropriation, for in such case the property is a mere investment and an appro- 390 Funds and Property. priation out of its revenues for such a purpose would be legitimate and proper; not so, however, in a case where the revenues derived from the rent of the hall have been mixed with those derived from the dues of members so as to form one fund.— 1884 Journal, 14, 116, 153. 1450. Electric railway. It is illegal for a Subordinate Lodge to donate from its treasury a sum of money to help build an electric railway, even where the Lodge owns its own hall and property, and the reason given for the donation is that the opening and building of the road would enhance the value of the Lodge property. — 1892 Journal, 116, 131. 1451. Railroad. A Lodge cannot give money to help raise a bonus to assist in building a railroad from the town in which the Lodge is situated to the interior. — 1895 Jour- nal, 22, 195, 196, 236. 1452. Services rendered or materials furnished. Any Lodge has a right to appropriate moneys for any and all expenses in the legitimate work of their Lodge, whether for services rendered or materials furnished by persons in or out of the Order. — Schell vs. Charity Lodge, 1854 Journal, 73. 1453. Robes and costumes of officers. The funds neces- sary for the purchase of officers' robes and costumes for con- ferring the degrees of Odd Fellowship are held to be current expenses, and it does not require a two-thirds vote of the members present to appropriate funds for such purpose where the By-Laws provide that a majority may vote the funds required for all current expenses. — 1887 Journal, 767, 875, 888. 1454. Brothers in ill health. A Subordinate Lodge has a right to donate of its funds to a brother in ill health, as a charity, though not entitled thereto by the By-Laws as a matter of right.— 1857 S. G. L. Journal, 2772, 2812. 1455. To assist new Lodges. Donations made to assist petitioning brothers by the parent or other Lodges for the purpose of instituting new Lodges, is allowable, and is in no 468. ^ I Funds and Property. 891 sense to be regarded as a division of the funds of the Lodge. —1868-1878 S. G. L. Journal, 4423, 7804, 7842; Hottell vs. Napa Lodge, 1903 Journal, 141, 155. 1456. To member in arrears. A Subordinate Lodge can grant to a member thereof who is in arrears, a donation from its funds, if done in accordance with its By-Laws. — 1854 Journal, 69. 1457. Brother in distress. A Lodge has the right to assist a brother in distress, and may, in the exercise of a wise dis- cretion and in furtherance of the charitable objects of the Order, make a donation from its funds to extricate a brother from a difficulty brought about by his own indiscretion. — 1900 Journal, ^16, 233. 1458. Widow of a brother not in good standing. A Lodge may donate money for the relief of the widow of a deceased Odd Fellow, who was not in good standing at the time of his death. — Wilkins vs. Charity Lodge, 1861 Journal, 173. Note. — A Lodge may legally resulting from non-payment of grant relief to the widow of a dues — 1898 S. G. L. Journal, member who died in bad standing, 16071, 16116. 1459. Relief to memberg not in good standing. Discrim- ination and carefulness should be used in drawing upon the funds of the Lodge for the relief of other than members in good standing; but the right exists to make donations for charitable purposes where the objects of charity have claims upon our consideration. — Wilkins vs. Charity Lodge, 1861 Journal, 173, 174. 1460. Children of deceased brother in arrearg. The chil- dren of a deceased brother, who, at the time of his death, was in arrears for dues more than twelve months, are not entitled to any consideration as a right, but the Lodge may extend its aid, by donation or otherwise, if the circumstances in the judgment of the Lodge justify such action. — 1872 Journal, 657, 677. 1461. Orphang of Odd Fellows when not objectg of charity. A Lodge may appropriate funds for the benefit of 392 Funds and Property. orphans of deceased Odd Fellows when not objects of charity, and the money may be paid to any person desig- nated by the Lodge, for their use and benefit. — 1896 Jour- nal, 440, 607, 636. 1462. To compromise financial question. A Lodge can draw upon its funds for the compromise and settlement of a financial question about which men may honestly differ, when satisfied that the good of the Order will be promoted thereby. — King vs. Ukiah Lodge, 1874 Journal, 80, 84. (See also Sections 2795 and 2796 of this Digest.) 1463. Donation to settle accounts. A Lodge, when a dispute arises between it and a member as to^the state of his accounts, has a right, for the preservation of harmony, and in settlement of that dispute, to donate from the treasury a sum of money to such member, and direct that it be placed to his credit on account of dues. — King vs. Ukiah Lodge, 1874 Journal, 80, 84. (As to Donations and Dues, see Sections 1249 to 1253.) 1464. Canton. A Lodge may make a donation to a Can- ton of our Order on the night of its institution to assist in defraying the expenses of its institution. — Hottell vs. Napa Lodge, 1903 Journal, 141, 155. 1465. To assist Rebekah Lodges. A Subordinate Lodge may donate money to assist a Rebekah Lodge. — 1891 Jour- nal, 585, 690, 716; Hottell vs. Napa Lodge, 1903 Journal, 146, 155. 1466. Rebekah Lodge — Paraphernalia — Tickets for con- cert or ball. A Subordinate Lodge may make a donation to a Rebekah Lodge to aid them in purchasing necessary and appropriate paraphernalia for the work of the Rebekah Lodge; but has no right to appropriate its funds for the purchase of tickets for concert or ball given for the purpose of raising funds for that purpose. — Leggett et al. vs. Donner Lodge, 1890 Journal, 443, 448 ; Hottell vs. Napa Lodge, 1903 Journal, 142, 155. FcNDS AND Property. 393 1467. To assist a Rebekah. A Subordinate Lodge may donate from a general fund to a Rebekah. — 1903 Journal, 23, 155, 180. 1468. Relief of wife of a member of another Lodge. The restrictions contained in Section 1, Article IX, Constitution of Subordinates, do not prohibit a Lodge from donating from its funds to relieve the wife of a member of another Lodge who retains his standing, though he has ceased to support his family and has abandoned it. — 1874 Journal, 102, 114. 1469. Loss of funds in bank and Treasurer. It is a sub- ject within the control of a Lodge to release the Treasurer from any loss of funds of the Lodge which were regularly deposited in a banking house, and the deposit made separate from his private funds and in the name of the Treasurer of the Lodge, such banking house having suspended payment. The exigency should be provided for in the By-Laws, the Lodge being fully competent to act in the premises. — 1857 Journal, 281, 282. 1470. Veteran and Honorable Veteran jewels. Subordi- nate Lodges are authorized to expend money from their general funds in the purchase of Veteran and Honorable Veteran jewels for presentation to such of their members as are entitled to wear the same, subject to the provisions of any local laws governing the expenditure of Lodge funds. — 1900 S. G. L. Journal, 786, 827, 872. 1471. Jewel for a member. A Lodge has no right, ex- cept for a Veteran or Honorable Veteran jewel, to expend the funds of the Lodge for a jewel for a member. — 1897 Journal, 807, 994, 1034. 1472. A contingent or special five per cent, fund it Lodges. This Lodge may provide in its By-Laws for the setting apart of a sum not exceeding five per cent, of its annual receipts for dues as a contingent or special fund, to be expended, in its discretion, in the payment of necessary and proper obligations incurred by the Lodge, not included 394 Funds and Peoi^erty. in or provided for by Section 1 of this Article.- Subordinates, Art. IX, Sec. 2. -Constitution Note. — Grand Lodges are in- vested with the power to permit Subordinate Lodges and Rebekah Lodges under their respective jurisdictions to set aside five per cent, of their receipts for dues as a contingent fund, to be expended in the payment of necessary and proper obligations which every Lodge must meet, and for which purpose a Subordinate Lodge, un- der existing laws, cannot expend its funds— (1890-1891 S. G. L. Journal, 12232, 12285 - 12610, 12651). 1473. Money from general fund to contingent fund. It is not legal to draw before the end of the term, from the general fund, any part of the five per cent, of the annual receipts for dues to be credited to the social fund. — 1901 Journal, 410, 557, 562. 1474. Contingent fund — General fund — Transfer of funds — Loans. A Lodge cannot borrow money from its contin- gent fund for the general fund. A Lodge cannot loan the moneys of the special or contingent fund. The contingent fund is provided to enable a Lodge to pay certain necessary and proper expenses or obligations for which, under exist- ing laws, the Lodge cannot expend the moneys of the gen- eral fund. Should the general fund become depleted, and the contingent fund have a surplus, the Lodge may, upon a regular and favorable vote, transfer from the contingent fund to the general fund, but not in the reverse, except as provided by law.— 1899 Journal, 465, 631, 675. 1475. The contingent or special five per cent, fund is a separate fund. The contingent or special fund provided by By-Laws of Lodges, under Section 2, Article IX, of Consti- tution of Subordinate Lodges, is a separate fund, and the amounts so set apart are set apart as a separate fund. — 1896 Journal, 442, 607, 636. 1476. Special fund for parties, etc. — Amendment. A Subordinate Lodge has the right to amend its By-Laws by which five per cent, of the annual income from dues may be set apart and become a ''special fund" to be used for par- Funds and Property. 395 ties, entertainments, suppers, etc. It is contrary to the law of the Order to use money from the * ' general fund ' ' for this purpose.— 1896 Journal, 409, 588, 629. 1477. Flowers for sick or deceased members. Subordi- nate and Rebekah Lodges and Encampments may expend moneys from their general fund for the purchase of flowers for their sick or deceased members. — 1905 S. G. L. Journal, 226, 297, 323. 1478. Pleasure excursions — Funerals — Railroads — Car- riages — Flowers — Music. The contingent fund cannot be used for pleasure excursions or the mere gratification of individual members of the Order, but may be appropriated for the purpose of procuring flowers or music at the funerals of deceased members, the payment of necessary railway or carriage expenses of bearers or of members attending such funerals, and for such purposes as tend to present the Order to the public in its true light, such as the procurement of speakers to instruct in the tenets of the Order and in such kindred ways as will awaken interest in the Order. — 1899 S. G. L. Journal, 39, 365, 394. 1479. Suppers. The contingent fund may be used to pay for suppers where none but members are present, the object being to promote the interests of the Order. — 1902 S. G. L. Journal, 550, 988, 1004. • 1480. Anniversary of the Order and banquet. The con- tingent fund may be used to pay for a public celebration of the anniversary of the Order, with entertainment and ban- quet following.— 1902 S. G. L. Journal, 550, 988, 1004. 1481. Cigars. A Lodge which has not adopted a By-Law as provided by Section 2, Article IX, Constitution of Subor- dinate Lodges, cannot lawfully appropriate its funds in payment of a bill for cigars. — Wilson vs. San Francisco Lodge, 1896 Journal, 516, 557. 1482. Dishes. A Lodge cannot expend money for dishes unless the By-Laws provide a contingent fund therefor. — 1896 Journal, 440, 607, 636. 396 Funds and Property. 1483. Supper or banquet — Installation. In the absence of a By-Law, as provided by Section 2, Article IX, of the Constitution of Subordinate Lodges, it is illegal to appro- priate the funds of the Lodge for the purpose of paying the expenses of a supper or banquet given on the night of the installation of its officers. — Fraser vs. Presidio Lodge, 1895 Journal, 139, 179 ; Pool' vs. Alta Lodge, 1894 Journal, 691, 718. 1484. Socials, reunions, banquets and suppers. A Lodge cannot appropriate its funds for socials, reunions, banquets, suppers and the like unless the By-Laws provide for the setting aside a certain sum in a special fund, as provided by Section 2, Article IX, Constitution of Subordinates, from which payments may be made for the above purposes. — Farnell vs. Orangedale Lodge, 1904 Journal, 521, 527. 1485. Supper for Grand Master. A Lodge which has not adopted a By-Law as provided by Section 2, Article IX, Con- stitution of Subordinates, cannot appropriate its funds for a supper for the Grand Master. In such cases the adoption of a motion that '*a warrant be drawn on the special fund of the Lodge, in favor of the Trustees, for the sum of five dol- lars, to pay for supper for the Grand Master," is unlawful. Calling the fund a ''special fund" does not make it such. A Lodge cannot evade the law by any such means. — ^Farnell vs. Orangedale Lodge, 1904 Journal, 521, 527. 1486. To entertain Grand Lodge or Grand Encampment. A Lodge is not authorized to appropriate from its general funds any moneys for the entertainment of the Grand Lodge or the Grand Encampment, but may appropriate for such purposes money from the contingent fund authorized by Section 2, Article IX, Constitution of Subordinates. — Find- ley vs. Santa Lucia Lodge, 1905 Journal, 899, 900, 910. 1487. Refreshments, transportation, music, balls and other amusements. Lodges may not from Lodge funds pay the expenses of refreshments or transportation or music pro- vided for a pleasure excursion given under the auspices of Funds and Property. 397 the Lodge; and they may not from such funds pay the ex- pense of balls or any other amusements. — 1865 Journal, 62, 81. 1488. Dinners and refreshments. A Lodge has not the right to appropriate its funds for dinners and refreshments of different kinds.— 1874 Journal, 21, 104, 107. 1489. Foot-races, bicycle-races and candy. A Lodge has no right to appropriate its funds for running foot-races or bicycle-races, or candy, in celebrating the anniversary of Odd Fellowship. (April 26th.) — Parkinson vs. San Joaquin Lodge, 1893 Journal, 412, 428. 1490. Social entertainment and banquet. A Lodge has no right to appropriate its funds to pay the expenses of a banquet or social entertainment. — 1879 Journal, 26, 106, 128. 1491. Supper or banquet at installation or Lodge anni- versary. It is not legal to take from the treasury of a Sub- ordinate the expenses of a supper or banquet given on the night of the installation of its officers or for the celebration of Lodge anniversaries.— 1882-1887 S. G. L. Journal, 8839, 9025, 9101, 10908, 10976. 1492. Improper resolution — Refreshments. The action of a Lodge in adopting the following resolution was reversed : Resolved, That the appropriating money from our Lodge funds to defray the expenses of refreshments for ourselves and invited guests of other Lodges at reasonable intervals, is in keeping with the history of Odd Fellowship, and no vio- lation of the letter or spirit of our laws. — 1864 Journal, 522, 544. 1493. Socials, reunions and Lodge anniversaries. A Lodge has no right when they are the owners of their build- ing and hall to appropriate any of their funds derived from the rents of the building for entertainments, such as socials, reunions or anniversaries of their own Lodge. — 1882 Jour- nal, 813, 828, 866. 398 Funds and Property. 1494. Banquet at visitation of Grand Officer. It is not lawful for a Lodge to use its funds to defray the expenses of a banquet at the visitation of a Grand Master or other Grand Officer.— 1885 Journal, 288, 403, 432. 1495. Excursion-picnic. Where a Lodge held an excur- sion-picnic it is unlawful for the Lodge to pay the fare of its members in good standing. — 1897 Journal, 854, 1000, 1035. 1496. Prize drills by Patriarchs Militant. A Subordinate Lodge has not the right to appropriate its funds to be awarded as prizes for excellence in drills by Patriarchs Mili- tant.— 1889 S. G. L. Journal, 11799, 11816. 1497. Funds for celebrating the anniversary of Odd Fel- lowship. Subordinate Lodges have a right to appropriate their funds to pay the expenses of celebrating with appro- priate ceremonies the anniversary of the introduction of our Order into America, and have the right to determine the propriety of appropriating their funds for all purposes rec- ognized by the Order. — 1867 Journal, 361. Note. — They may expend a lustrate its principles, or to ele- reasonable amount of their funds vate it or dignify it in the eyes to defray the necessary expenses of the community, such as hiring incident to the celebration of the halls, paying for printing, pro- introduction of Odd Fellowship curing orators, etc. — (1886-1887 in America in such manner as S. G. L. Journal, 10402, 10443- shall tend to promulgate and il- 10714, 10951, 11005). 1498. Music and parade at anniversary. The expendi- ture of Lodge funds for music to accompany a parade or as an attractive feature in connection with and as a part of the prescribed ceremonies is authorized. — 1894 S. G. L. Journal, 14050, 14073. 1499. Parties, balls, picnics, banquets, etc., at anniver- sary. A Lodge may not expend its funds for the celebration of the anniversary of the Order for those things which con- tribute merely to the pleasure or gratification of the indi- vidual members, such as parties, balls, picnics, excursions, banquets, and the like, or a literary and musical entertain- ment, with a collation and dance, or music in connection Funds and Property. with a dance or other entertainment, not constituting a part of the regular anniversary exercises. — 1886-1887-1894 S. G. L. Journal, 10402, 10443, 10714, 10951, 11095, 10253, 10521, 10659, 14050, 14073. 1500. Music and orchestra. A Lodge cannot appropriate its funds for music and transportation of an orchestra on an occasion other than at an anniversary of the Order. — 1895 Journal, 41, 185, 235. 1501. Entertainment of Grand Lodge Officers and Rep- resentatives — Lodge anniversary. Appropriation of the funds of a Subordinate Lodge for the purpose of entertain- ing the officers and representatives of Grand Bodies, or for the purpose of celebrating the anniversaries of the respective Lodges, is not proper or legitimate. — 1884-1887 S. G. L. Jour- nal. 9738, 9804-10944, 10881, 11000. 1502. For what purposes Lodges may appropriate. Sub- ordinate Lodges may, from funds of the Lodge, pay the expenses resulting from care of a sick brother, burying the dead (including payment for nurse), educating the orphans of a deceased brother, or pay benefits to the sick or widow of a deceased brother. They may provide suitable Lodge- rooms, and defray from funds of the Lodge, all necessary expenses incurred in transacting their business; but Subor- dinate Lodges may not divert the funds of such Lodges to objects foreign to the general purposes of the Order. — 1865 Journal, 62, 81. Note. — Subordinates have Order. The peculiar office of the power to regulate and control Subordinate Lodge is to provide their own financial affairs and the means to meet the claims of have the right to determine the its sick and distressed memliers; propriety of appropriating their to care for them properly during funds for all purposes recognized their illness, to bury the dead, to by the Order, yet that discretion succor the widow and to educate be exercised in a reasonable the orphan — (1806-1871-1879 8. ■umner. Its funds are stamped G. L. Journal, 3051), 4007, 8171, as trust funds only to be used for 8185, 6197, 5246). the legitimate objects of the 1503. Necessary expenses and beneficence and charity. The funds of a Subordinate Lodge can be used for two pur- 400 Funds and Property. poses, only, viz. : First, to defray its necessary expenses ; and, secondly, for objects of beneficence and charity. — 1854 Journal, 73; 1860 Journal, 28; 1861 Journal, 174; Alturas Lodge vs. Long, 1864 Journal, 523, 544. 1504. Charities of the Order. Lodge funds can only be used for charities and expenses in the Order; but the chari- ties of the Order, outside of its own members, are to be sus- tained by voluntary contributions. — 1865 Journal, 59, 72. 1505. Charity outside of the Order. The funds of a Sub- ordinate Lodge in this jurisdiction canot be used for charity outside of the Order.— 1901 Journal, 409, 557, 562. 1506. Charitable purposes not connected with the I. 0. 0. F. A Lodge has not the right to appropriate its funds for charitable purposes in no way connected with the I. O. O. F. ; the moneys of the Order should be husbanded for the needs of the Order, and not squandered in miscellaneous charities. Cannot donate funds to an association known as "The King's Daughters."— 1890-1891 S. G. L. Journal, 11892, 12217, 12281, 12353, 12632, 12701. 1507. Donations, private business, electioneering ex- penses, farm expenses. While donations for charitable pur- poses of the Order may be legal in case of actual distress when the same cannot be relieved by the payment of sick benefits, yet it is a right that should be exercised very care- fully, and does not include the right to make promiscuous donations to members to meet the demands of their private business, or to pay electioneering expenses, or the expenses incident to conducting their farms. — 1901 Journal, 415, 589. 1508. To pay debts of deceased brothers. A Lodge can- not donate from its funds money to pay any claims against the estate of a deceased brother. — Katz vs. Sutter Creek Lodge, 1891 Journal, 588, 686, 687, 715. 1509. To assist an Ancient Odd Fellow. A Lodge has a right to appropriate its funds to assist an Ancient Odd Fel- low, not a member of any Lodge, to carry on a business to Funds and Property. 401 earn a support, he being unable to do manual labor. — 1866 Journal, 134, 219, 230. 1510. Burial of suspended member. A Lodge may ex- pend part of its funds for the burial of a suspended member of the Lodge. -1895 Journal, 18, 185, 235. 1511. Funeral of person not an Odd Fellow. A Lodge donated from its funds the sum of twenty dollars towards defraying the funeral expenses of a person who died in poverty and who had been an active and efficient member of the Lodge for many years, but had been expelled recently for conduct unbecoming an Odd Fellow. Held, that this was devoting the funds to the charitable uses of the Order, and was a legal expenditure. The Lodge acted in the spirit of forgiveness appropriate to Odd Fellowship, remembering the services rendered the Order by the deceased in former years. — Cain vs. Auburn Lodge, 1880 Journal, 261, 352, 374. 1512. Music at funeral. A Subordinate Lodge cannot appropriate money from its regular funds for music at the funeral of a member. — 1880 Journal, 258, 359, 375; see also 1879 S. G. L. Journal, 8053, 8098. (See Section 679.) 1513. Railroad fare and carriage hire at funerals. A Lodge has not the right to appropriate its funds to pay railroad fare or carriage hire of its members or of its mem- bers and officers to attend the funeral or burial of a deceased member of the Lodge or of any other Lodge, or of a deceased member who was buried several miles from the Lodge-room, or of a deceased member who was buried in a cemetery be- yond the city limits, but the Lodge may make the appropria- tion from the special or contingent five per cent, fund which a Lodge may have.— 1897 S. G. L. Journal, 15168, 15534, 15584; 1898 S. G. L. Journal, 15758, 16071, 16116; 1898 S. G. L. Journal, 15801, 16071, 16116. (See Section 679.) 26 402 Funds and Property. 1514. Railroad fare and carriage hire at funerals — Illegal By-Law. A By-Law which reads "that in conducting the funeral of a brother of this Lodge in good standing who is to be buried in a cemetery beyond the city limits the Noble Grand is hereby authorized to procure at the expense of the Lodge a sufficient number of conveyances of which he shall be the sole judge, to accommodate such brothers as he may appoint to assist him and to proceed to such cemetery and perform the funeral ceremony of the Order, provided such expense shall not exceed the sum of fifteen dollars," is not legal. No Lodge has a right to pass such a By-Law, but a Lodge may appropriate money from the special or contin- gent five per cent, fund for the purpose of hiring convey- ances to transport brothers* to the funeral of a deceased member.— 1898 S. G. L. Journal, 15801, 15802, 16071, 16116. (See Section 679.) 1515. Memorial services. A Lodge holding memorial services pursuant to the proclamation of the Grand Sire, may appropriate a reasonable amount of its funds to defray the necessary expenses incident thereto. — 1889 Journal, 72. 1516. National Sanitary Commission. Lodges have the right to make contributions from their funds to a National Sanitary Commission, but it is better for brothers to con- tribute personally in the name of the Lodge, if so desired. —1863 Journal, 366, 410, 421. 1517. Defraying expenses of District Deputies. Lodges visited by District Deputy Grand Masters for the installation of officers, should make a reasonable appropriation for the purpose of defraying the necessary expenses of such depu- ties.— 1858 Journal, 381. 1518. Defraying expenses of Representatives. Reason- able appropriations may be made by Lodges to defray the expenses of their Representatives to the Grand Lodge. — 1855 Journal, 132 ; 1886 Journal, 644, 662. 1519. Watchers. A Lodge may appropriate its funds to hire watchers to watch with its own or transient members. — 1879 S. G. L. Journal, 8166, 8185. r Funds and Property. 403 1520. Brother should not pay himself from funds. If a Lodge owe a brother or officer, he has no right to pay him- self out of Lodge funds without action of the Lodge. — 1873 Journal, 843, 855. 1521. Public libraries and Odd Fellows' libraries. It is not legitimate for a Subordinate Lodge to require dues from its members for the support of a public library, but this decision shall not be construed to apply to Odd Fellows* library.— 1879 Journal, 24, 101, 110 ; Taylor vs. Etna Lodge, 1905 Journal, 899, 910. 1522. Library. It is not lawful for a Lodge to make a monthly donation to a public library not an Odd Fellows* library. It cannot use its general funds for the support of such public library. — Taylor vs. Etna Lodge, 1905 Journal, 899, 910. (See Libraries.) 1523. Reward for arrest of a robber. The funds of the Lodge cannot be used for a reward for the apprehension of one who robbed a brother. — 1904 Journal, 368, 547, 562. 1524. Reward for arrest and conviction of a person. A Lodge cannot lawfully appropriate from its funds to offer a reward for the apprehension and conviction of a person who terribly beat and wounded one of its members. — 1884 S. G. L. Journal, 9504, 9734, 9801. 1525. Organist. It is proper that a Lodge should, by resolution or By-Law, agree to pay an organist a stipulated sum for his services during the term. — 1896 Journal, 409, 581, 628. 1526. Pianist of Lodge. A Lodge may pay the pianist of the Lodge for his services without any provision in its By- Laws for such payment. — Carls vs. Los Angeles Lodge, 1901 Journal, 507, 539. 1527. Redress for illegal appropriation. The only redress of the minority of a Lodge in the case of the illegal appro- 404 Funeral. priation of the funds of the Lodge by the majority, is the right of an appeal.— 1887 Journal, 845, 865, 893, 903. 1528. Certain moneys not transferable from one fund to another. A Lodge having a balance of money, exceeding expenditures of a celebration, by vote of the Lodge places the same in the general fund. In such case it is not legal to drazv that money out of the treasury and place it in another fund.— 1890 Journal, 315, 407, 410, 436. 1529. Celebration fund created by donation. Where, after any proper celebration relating to Odd Fellowship, there are any surplus funds still on hand, they may be donated to the Lodge, to be held by such Lodge for the especial purpose of assisting at some future celebration, and the Lodge has the right to accept such a donation for such a purpose.— 1883 Journal, 1135, 1138, 1174. 1530. Donations to Lodge how entered in the books. Money donated to a Lodge for a specific purpose, outside of the regular Lodge business, such as providing entertain- ments, suppers, etc., should not be passed through the Lodge books into the treasury, as it could not then be used for the purpose intended. But the Treasurer may be selected as the custodian of such money, in trust for the use and purpose designated by the donor.— 1889 Journal, 33, 122, 163. (See Cemetery; Trustees; Property of the Lodge; News- papers.) FUNERAL. 1531. Lodge not required to open in due form for funeral. When a Lodge is convened for the purpose of conducting the funeral ceremonies of a deceased brother, it is not neces- sary for it to be opened in due form. — 1874 Journal, 111, 117. Note. — There is no law requir- of a brother. He may do so or ing a Noble Grand to open and not — (1878 S. G. L. Journal, 7735, close his Lodge in regular form 7831). when called to attend the funeral Funeral. 405 1532. Suicide and honors of the Order. The burial of a suicide with the honors of the Order is a matter optional with the Lodge.— 1869 Journal, 11, 124, 126. 1533. Brothers in arrears, and funeral honors. The pro- priety of extending funeral honors to brothers in arrears but against whom no charges for unworthy conduct are pending at the time of their death, is a matter for regulation by the local laws.— 1857 S. G. L. Journal, 2780, 2818. 1534. Brothers not in good standing. It is optional with Ijodges whether they will bury brothers with the rights and usages of the Order who were not in good standing at the time of decease.— 1857 Journal, 271, 272 ; 1862 Journal, 315. 1535. Former member. A Lodge has no right to bury a /ormer member, who ceased membership, with the funeral <;eremonies of our Order. — 1866 Journal, 199, 216. 1536. Persons not members, and regalia. Lodges should not attend in full regalia the funeral of any person who was not a member of a Lodge at the time of his decease. — 1857 Journal, 272. 1537. A suspended member. A Lodge may expend part of its funds for the burial of a suspended member of the Lodge, but cannot bury such brother with the funeral cere- monies of the Order.— 1895 Journal, 18, 185, 235. 1538. The same. A Lodge is not obliged to attend the funeral of a deceased suspended member of the Lodge. — 1857 Journal, 271. 1539. Suspended for non-payment of dues. Funeral honors cannot be extended to a deceased brother who has been lawfully suspended from membership for non-payment of dues.— 1901 S. G. L. Journal, 26, 360, 371, 372. 1540. Persons not members — Manchester Unity. A Lodge of our Order cannot perform the funeral services of our Order over the body of one who was not a member of it, although in good standing of the Manchester Unity and such 406 Funeral. service has been requested by a Lodge of the Manchester Unity.— 1900 S. G. L. Journal, 517, 827, 873. 1541. Where deceased has Withdrawal Card. The mem- bers can attend the funeral in regalia and read the funeral service over a citizen who is not, but had been, a member of the Order, and is in possession of a Withdrawal Card, such being the request of the dying person. — 1873 Journal, 782, 900, 901. 1542. Ancient Odd Fellow. A Lodge cannot, in a body, as a Lodge, attend the funeral of deceased ''Ancient Odd Fellow," and conduct the services according to the ritual of the Order.— 1876 S. G. L. Journal, 6752, 6977, 7051. 1543. Subordinate Lodge — Funeral services for brothers only. The Sovereign Grand Lodge having prescribed a Sub- ordinate Lodge ceremony to be used for the burial of de- ceased brothers only, it would be improper for a Lodge to perform said ceremony upon any occasion not authorized by the Sovereign Grand Lodge.— 1872 Journal, 657, 677. 1544. When Lodges may attend by committee. The sev- eral jurisdictions of the several States have the right to determine whether the dead can be buried by a committee of the Lodge or by the whole Lodge. — 1876 S. G. L. Journal, 6752, 6977, 7051. 1545. Funeral service. Forms of funeral service and procession are found in the Book of Forms. The forms of prayer and service selected must be strictly adhered to, and no other form of prayer can be used than those so laid down, except that in the service at the Lodge-room, house or church, an extemporaneous prayer may be had instead of those in the Form Book. There is also a Rebekah funeral service.— 1847-1848 S. G. L. Journal, 1115-1266, 1297; 1887 S. G. L. Journal, 10983, 11026-11031, 11037. 1546. Wearing hats at burial. Members in attendance at the burial of deceased brothers of the Order may wear their hats if the inclemency of the weather or heat be such as to endanger health.— 1896 S. G. L. Journal, 14945, 15018. Funeral. 407 1547. Action where funeral conducted by church. Where the body of a deceased brother in good standing has been taken charge of by a church, and where that church will not permit the Lodge to attend the funeral in the usual form of our Order, the Lodge should be governed by the wishes of the relatives and friends of the deceased brother in regard to yielding to the will of the church, or dispensing with the usual order of ceremonies of burial, or the members of the Lodge attending the funeral only as friends of the deceased. —1864 Journal, 528, 554. 1548. Subordinate Lodge and Encampment. In all cases, funeral ceremonies shall be conducted by the Subordinate Lodge, except that in conducting the funeral ceremony of a deceased brother, a member in good standing of both a Subordinate Lodge and Subordinate Encampment, the Lodge shall take precedence over the Encampment (except when the deceased is a Grand Officer, etc.), unless by the previously expressed desire of the deceased, his widow or near relative, the Encampment should be designated to take charge of his remains for burial, and then the Encampment shall take precedence.— 1890 S. G. L. Journal, 11896, 12217, 1228L 1549. When conducted by Grand Body. If a brother was a past or present elective officer of a Grand Lodge or Grand Encampment, then the ceremonies may be conducted by such Grand Lodge or Grand Encampment. — 1877 S. G. L. Journal, 7381, 7388, 7475. 1550. Funeral regalia. The regalia to be worn by all brothers of the Order, when attending the funeral of a deceased brother, shall be as follows: 1st. A black crape rosette, having a center of the color of the highest degree to which the brother may have attained, to be worn. on the left breast; above it a sprig of evergreen, and below it (if the wearer be an elective or Past Officer) the jewel or jewels which, as such, he may be entitled to wear. 2nd. The ordi- nary mourning badge to be worn by brothers in memory of a deceased brother shall be a strip of black crape passed 408 Funeral. through one buttonhole only of the left lapel of the coat, and tied with a narrow ribbon of the color of the highest degree to which the wearer may have attained. On such occasions the Marshal shall wear a black scarf, and bear a baton bound with black crape. The Outside Guardian shall bear a red wand, bound with black crape. The Scene Sup- porters shall bear white wands, bound with black crape. The Inside Guardian shall bear the regalia and insignia, indicating the rank in the Order of the deceased brother. The Supporters of the Vice-Grand shall bear their wands of office bound with black crape. The Chaplain shall wear a white scarf. The Warden shall bear the axe bound with black crape. The Conductor shall bear his wand of office bound with black crape, and the Supporters of the Noble Grand shall each bear their wands of office bound with black crape.— 1877 S. G. L. Journal, 7387, 7475. 1551. Lodge and regalia. A Subordinate Lodge cannot adopt, for funeral purposes, any other regalia than that pre- scribed or permitted by the laws of the Order. — 1900 S. G. L. Journal, 506, 827, 873. 1552. Grand Lodges and regalia at funerals. Grand Lodges may, at their discretion, permit the usual regalia of the Order to be worn at funerals, either in connection with or as a substitute for the simple regalia described in Section 1550 of this Digest.— 1877 S. G. L. Journal, 7387, 7475. 1553. Full regalia at funerals. This Lodge may attend a funeral in full regalia without asking permission of the Grand Master. — Constitution Subordinates, Art. X, Sec. 2; 1905 S. G. L. Journal, 355, 361. (See Funds.) FUNERAL ASSESSMENT OR TAX. ; (See Assessments.) FUNERAL BENEFITS AND EXPENSES. (See Benefits.) Funeral Dl'es— Gambling— German Lodges. 409 FUNERAL COMMITTEE. (See Funeral.) FUNERAL DUES. 1554. What are. Funeral dues are fines or assessments imposed on account of the death or funeral of a member. — 1891 Journal, 585, 690, 716. (See Fines; Assessments.) GAMBLING. 1555. Meaning of gambling in By-Laws. A By-Law which reads ''any member guilty of habitual drunkenness, ''gambling or heinous offenses against the laws of the land, "shall be expelled," not only prohibits professional gamb- ling, but all gambling, and for any violation of its provi- sions, the penalty must be expulsion. It is the punishment prescribed by the By-Laws, approved by the Grand Lodge. — Olive Lodge vs. Anderson, 1877 Journal, 658, 666. (See Offenses; Membership.) GENERAL RELIEF COMMITTEE. (See Relief Committee). GERMAN LODGES AND LANGUAGE. 1556. Minutes in German of certain Lodges. Certain German Lodges are authorized to keep their minutes in the German language only. Nos. 13, 74, 105, 116, 122.— 1858 Journal, 397 ; 1863 Journal, 438 ; 1867 Journal, 335. 1557. Districts and District Deputies. German Lodges may be constituted special districts whenever the Grand Master deems it for the interest of the Order, and District Deputies are to be appointed for German Lodges who under- stand both the German and English languages, who shall have all the powers of other District Deputy Grand Masters. —1858 Journal, 369 ; 1859 Journal, 513. 1558. May work in English language. Any Lodge in tills jurisdiction working in the German language may, 410 Good of the Order. whenever it deems it to the best interest of the Order, work in the English language. — 1883 Journal, 1167. 1559. Initiation in German by English-speaking Lodge. Permission should not be granted for a Lodge working in the English to initiate a candidate in the German language. —1871 Journal, 376, 445, 471. 1560. Appeals. All appeals must be made out in the English language, even though the Lodge work in German. —1863 Journal, 433. GIFT ENTERPRISE. (See Lottery.) GOOD OF THE ORDER. 1561. What is permissible under this head. Under the head of ''Good of the Order," a Lodge, in effect, resolves itself into a committee of the whole. No motion is then necessary to originate debate; no limitation is enforced, except that it shall refer to the good of the Order, and the remarks made be decorous. By a common law, or univer- sal custom among all Lodges, great latitude of remark is allowed. Under this head visiting brothers are often re- quested to address the Lodges. The topics of discourse are left entirely to the judgment and taste of the speakers, within the limitations stated. — Hathaway vs. Suisun Lodge, 1867 Journal, 325, 329. 1562. Right of brother to speak. The Noble Grand has no right to refuse a member in good standing the privilege of speaking under the head of good and welfare of the Order, provided the brother be in order, according to the By-Laws and Rules of Order of the Lodge, the same having been approved by the Committee on Laws of this Grand Lodge.— 1856 Journal, 196, 197. 1563. Motions may be made and business. All business should ordinarily be transacted under its appropriate head, but it is allowable, if found convenient or necessary, to Good Standing. 411 entertain motions or business under the head of "Good of the Order."— 1875 Journal, 292, 295. 1564. Matter that has been referred to a committee. The fact that a subject is referred to a committee does not pre- vent the temperate discussion of it under the head of ' ' Good of the Order," unless, as in cases of charges, the attempt be made to state evidence, or prejudice the Lodge. — 1867 Journal, 325, 329. 1565. Matter ordered to lie on the table. The members of a Subordinate Lodge have a right, when the Lodge is open, under the head of "Good of the Order," to discuss a question in a friendly way, which has been up when open under another head and laid on the table. — 1868 Journal, 490, 503. 1566. Brother may speak concerning charges. Under the head of "Good of the Order," a brother may make motions or remarks calculated to induce the Lodge to dis- miss or reform insufficient charges, or otherwise to secure a proper hearing before an impartial committee. — 1867 Journal, 326, 329. GOOD STANDING. 1567. Definition. Good standing is defined as being free from all charges involving moral turpitude, disability and delinquency in the payment of dues, assessments and fines. —1860 Journal, 85; 1869 Journal, 121; 1870 Journal, 302. 1568. Term "good standing," how interpreted. The term "good standing" as regards membership can only be interpreted to mean contributing members of Lodges, free from disability and delinquency in the payment of dues, assessments, fines, etc., who are under no charge regularly preferred against them, or members having legal cards authorized by the Sovereign Grand Lodge. — Norcross vs. Apollo Lodge, 1874 Journal, 15, 115, 116. Note. — The term "good stand- who are under no charge regu- ing" signifies: Ist, contributing larly preferred against them, ac- members of Subordinate Lodges cording to the constitution of 412 Good Standing. their respective Lodges — (1842 essary that the member shall be S. G. L. Journal, 497) ; and 2d. a contributing meml)er; in other freedom from any disability by words, an actwe and not a quasi reason of non-payment of dues of member — (1856 S. G. L. Journal, every kind— (1848 S. G. L. Jour- 2560, 2686, 2664). If in arrears nal, 1291), 1340; 1851 S. G. L. for dues and liable to suspension Journal, 1775, 1806; 1856 S. G. therefor, a brother is not in good L. Journal, 2560, 2686, 2664). standing— ( 1902 S. G. L. Journal, To he in good standing it is nee- 716, 988, 1004). 1569. Benefits, voting and Semi-annual Password. * ' Good standing" means so far as it relates to the payment or non- payment of dues, etc., not being so much in arrears as to deprive the brother of any of the rights or privileges of the Order, as the right to benefits, the right to vote, or the right to have the Semi-annual Password. — 1893 Journal, 413, 429. 1570. Member's standing and promissory note for dues. No member is in good standing while his note is held for dues. The indebtedness by note is a new form, not a dis- charge, of the debt.— 1851 S. G. L. Journal, 1775, 1806. 1571. When brothers cannot get out of standing. If a Lodge owe a brother a liquidated or ascertained sum on account of sick benefits, the brother cannot get out of stand- ing so long as such sum is due to him. — 1888 Journal, 1021, 1111, 1130. 1572. Having the Semi-annual Password. A member is not in good standing merely because he may have the Semi- annual Password.— 1869 Journal, 121 ; 1870 Journal, 302. 1573. Lodge cannot recognize brother, when. A Lodge cannot recognize a brother who cannot legally prove him- self to be in good standing. — 1857 Journal, 271. 1574. Business purposes and certificate of good stand- ing. It is contrary to the laws and spirit of Odd Fellow- ship, for the officers of a Lodge to issue to a member, a cer- tificate of good standing under the seal of the Lodge, for business purposes. — 1892 Journal, 14, 112, 127. (See Dues; Benefits.) » Grand Lodge. 413 GOVERNMENT. (See Secrets; Fines.) GRAND ENCAMPMENT. (See Encampment.) GRAND LODGE. 1575. Its name — How composed. This Grand Lodge shall be known by the name, style and title of ''The Grand Lodge of the Independent Order of Odd Fellows of the State of California," and shall be composed of all Past Grands, who are contributing members of Lodges subordinate to this Grand Lodge, and in good standing, and who have been admitted as required by this Constitution. ^Constitution Grand Lodge, Art. 1, Sec. 1. 1576. Its jurisdiction — Supreme tribunal in this State. The Grand Lodge has jurisdiction in Odd Fellowship over the territory known as the State of California, and over all Subordinate Lodges situated within said State, or working under the authority of the same, and is the Supreme Tri- bunal of the Order in this jurisdiction. — Constitution Grand Lodge, Art. I, Sec. 2. 1577. Grand legislative head of the Order in this State. It is the grand legislative head of the Order in the State of California to have and exercise full power and authority to enforce upon its Subordinates a strict adherence to the laws of the Order and to make and establish rules for their government. — Preamble Grand Lodge Constitution. 1578. Admission of Past Grands as members. To entitle a Past Grand to be admitted to the Grand Lodge, he must produce satisfactory evidence that he is such and is a con- tributing member in good standing of a Lodge subordinate to this Grand Lodge at the time of his admission. — Consti- tution Grand Lodge, Art. I, Sec. 3. 1579. Past Grands admitted. All Past Grands in good standing who have received the Grand Lodge Degree may be present at the session. — Constitution Grand Lodge, Art. II, Sec. 2. 414 Grand Lodge — Habits. 1580. The same. None but Past Grands in good stand- ing are admitted to a Grand Lodge session. — 1896 Journal, 414, 578, 616. 1581. Membership. To be a member of a Grand Lodge a Past Grand must have been admitted and had the Grand Lodge Degree conferred upon him, and this cannot be done except by the Grand Lodge when in session. — 1903 S. G. L. Journal, 41, 284, 314. 1582. Case of suspended member. The Grand Lodge ought not to appropriate money from its funds for the relief of a brother who stands suspended from member- ship in his Lodge. — 1886 Journal, 650, 661. 1583. Expelled Past Grand. An expelled Past Grand cannot be admitted to the Grand Lodge to defend his case on appeal. — 1857 Journal, 230. 1584. Exemplification of work. No moneys shall be appropriated by the Grand Lodge from its funds to any Lodge, team or individual, for the exemplification of any of its degrees or work. — 1886 Journal, 663. Note. — Grand Lodges may ex- that purpose may admit them to emplify the degrees in the pres- the floor of the Grand Lodge — ence of all duly qualified mem- (1883 S. G. L. Journal, 9323, oers in good standing, and for 9441). 1585. Enrollment of members at sessions. As to Past Grands and Representatives enrolling their names, see Sec- tion 2639. (See Business of Grand Lodge; Rebekah Branch.) GRAND LODGE DEGREE. (See Degrees.) GRAND OFFICERS. (See Officers of Grand Lodge.) HABITS. 1586. Applicants for membership. All applicants for initiation are required to be of industrious habits. (See Membership.) ) Drunkenness — Health— Honors of the Order. 415 HABITUAL DRUNKENNESS. 1587. Defined. Whenever the By-Laws of a Subordinate Lodge prescribe penalties or forfeiture for ''habitual drunk- enness," the term "habitual drunkenness" should be con- strued to mean such drunkenness of the accused brother "as disqualifies him a great portion of the time from prop- erly attending to business, and so continuing for the period of one year." — 1888 Journal, 1159, 1168. But a single in- stance of drunkenness is an offense in Odd Fellowship. (See Offenses.) HEALTH. 1588. Applicants for membership. All applicants for ini- tiation are required to be of sound health. (See Membership.) HOMES. (See Odd Fellows' Home; Orphans' Home.) HONORS OF THE ORDER. 1589. Grand Master entitled to, when. A Grand Master when visiting a Subordinate in his official capacity, is enti- tled to the Honors of the Order. When he visits, in his individual capacity, as a member of the Order, he should not expect to be received with the Honors. It is only when he announces himself as Grand Master that the visit becomes official.— 1857 Journal, 250. 1590. The same. When officially visiting Subordinate Lodges, the Grand Master shall be received with the Honors of the Order. — Constitution Grand Lodge, Art. IV, Sec. 1. 1591. Past Grand Master. A Past Grand Master has a right to announce his title as such at the inner door when visiting a Subordinate Lodge on ordinary occasions, but he is not entitled to the Honors of the Order unless he visits on official business, which he should announce. — 1871 S. G. L. Journal, 4993, 5185, 5222. 416 Honors of the Order. 1592. Grand Representative. A Grand Representative, who is an elective Grand Officer of a Grand Lodge or Encampment, is entitled to the Honors of the Order when visiting a Subordinate officially. — 1865 S. G. L. Journal, 3738, 3821, 3842; 1890 S. G. L. Journal, 11896, 12217, 12281. 1593. Elective and Past Grand Officers. Honors of the Order are given to elective and Past Grand Officers, visiting outside their jurisdictions, after they have addressed the Chairs, and have been introduced to the Noble Grand by name and rank.— 1871 S. G. L. Journal, 4993, 5185, 5222. 1594. Grand Master introducing a visiting brother. A Grand Master, when introducing a visiting brother, enters the Lodge in his official capacity. He announces himself as Grand Master, with a visiting brother, and is entitled to be received with the Honors of the Order, and must be so received. He cannot waive the right. The Honors are not to be given to the visiting brother unless he is also entitled thereto.— 1887 S. G. L. Journal, 10716, 10952, 11005. 1595. When Grand Officer and the visiting brother are both entitled to the Honors of the Order — When given. A Grand Representative or other elective officer of a Grand Lodge or Grand Encampment, acting in his official capac- ity, possesses the privilege of introducing a visiting brother to a Subordinate Lodge or Encampment within the juris- diction to which he belongs. Therefore, a Grand Represen- tative or elective Grand Officer in introducing a visiting brother, must himself of necessity make an official visita- tion to the Body visited and announce his rank and title at the inner door in order to exercise such privilege of office held. Consequently, under the ritualistic law he shall be acknowledged with the Honors of the Order, which should be given after addressing the Chairs and before the oral introduction of the visiting brother. After receiving the Honors of the Order he should introduce the visiting brother in the same manner prescribed for a committee, whereupon the Body for the first time learns the name and rank of the Illegal Lodgk — Incorporation. 417 visitor, and then, if the visiting brother just introduced is entitled to receive the Honors of the Order, they must be given to him.— 1890 S. G. L. Journal, 11896, 12217, 12281. 1596. When Honors of Order given. When a Grand Officer is visiting officially a Subordinate Lodge he should be introduced after he has addressed the Chairs and should then be received with the Honors of the Order. — 1899 S. G. L. Journal, 23, 365, 394 ; 1905 S. G. L. Journal, 19, 219, 243. 1597. On retiring. Honors to Grand Officers are given also on their retiring from the Lodge. — 1905 S. G. L. Jour- nal, 19, 806, 324. 1598. Honors to District Deputy Grand Masters. When District Deputy Grand Masters visit a Subordinate Lodge for the purpose of installing the officers elect, or upon other official duty, they, as the Representatives of the Grand Mas- ter, shall be accorded the same Honors that are given to that officer.— 1871 Journal, 397. Note. — A Past Grand who has to the Honors of the Order when been appointed by a District Dep- he appears for that purpose — uty Grand Master to install the (1874 S. G. L. Journal, 6229, officers of a Lodge, is not entitled 6278). 1599. Subordinate Lodge, visiting. The officers and members of Subordinate Lodges, when visiting another Lodge in a body, and introduced by their own officers, are not entitled to be received with the Honors of the Order. — 1865 S. G. L. Journal, 3805, 3853. ILLEGAL LODGE. 1600. Shall not visit or organize. No member of this Lodge shall be concerned in organizing or visiting any illegal Lodge of Odd Fellows. — Constitution Subordinates, Art. X, See. 1. INCORPORATION. 1601. Incorporation of Lodges prohibited. This Lodge shall not incorporate. (See Constitution Subordinates, Art. IX, Sec. 3.) Lodges exist by virtue of the charters granted 27 418 Incorporation. by this Grand Lodge. They are subject to its supervision and control and when they go out of existence the property of the Lodges belongs to this Grand Lodge. Were a Lodge incorporated, it would exist by virtue of the certificate of the Secretary of State, behind which would be the articles of incorporation filed in the County Clerk's office. As a corporation, under the Code of this State, it would derive all its authority, powers, privileges and rights solely from the Code. Its By-Laws would have to be adopted in pur- suance of the provisions of the Code, and its business regu- lated and carried on in harmony therewith, and not other- wise, and it could only be deprived of its charter by reason of violating some of the provisions of the Code. In case it disincorporated, the mode and manner of accomplishing that would be governed by the Code alone, and the prop- erty of the Lodge would have to be distributed amongst its members pursuant to the same law. If a Lodge were per- mitted to incorporate it would be entirely withdrawn from, and be beyond the control or supervision of this Grand Lodge. According to the theory of our Order, a Lodge can- not incorporate.— 1889 Journal, 20, 118, 163. 1602. Lodges must disincorporate. Lodges are prohib- ited from incorporating and those which have incorporated are required to disincorporate before the next session of the Grand Lodge, if possible. See also the Grand Master's reporf and the reports of the committees on the subject. — 1895 Journal, 233, 234, 251, 207, 239 and 45 to 50. 1603. The subject of the incorporation of the Grand Lodge and Subordinates. May 19th, 1853, voted that this Grand Lodge hereby adopt the enactment of the Legislature of this State, entitled : "An Act concerning the Independent Order of Odd Fel- lows," approved May 4th, 1852, of which the following is a correct copy: Incorporation. 419 ''AN ACT COXCERXIXG THE INDEPENDENT ORDER OF ODD FELLOWS. The People of the State of California represented in Senate and Assembly do enact as follows : Section 1. The Grand Lodge of the Independent Order of Odd Fellows of the State of California, or any Subordi- nate Lodge thereof, may acquire and hold such property, real and personal, as may be deemed necessary to carry out the charitable purposes of such institution, and may sue and be sued, and shall have such other general powers as are granted to corporations under the law entitled ''An Act concerning corporations," passed April twenty-second, one thousand eight hundred and fifty, approved May 4th, 1852. — 1853 Journal, 39. Legality of the law called in question. — 1857 Journal, 237, 248. A committee appointed to inves- tigate the legality of the Incorporation Law of the Grand Lodge. — 1857 Journal, 282. The committee report and a new committee appointed and Trustees elected to incorpo- rate the Grand Lodge. — 1857 Journal, 290. Report of Trus- tees, that they had incorporated the Grand Lodge. — 1858 Journal, 361, 362. Legality of Incorporation Act questioned. — 1859 Journal, 465. A new committee appointed to inves- tigate the legality of the law.— 1859 Journal, 492, 496. The committee report: "The Constitution of the State of Cali- fornia (Article IV, Section 31) provides that corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. By an Act, entitled 'An Act concerning the Independent Order of Odd Fellows,' approved May 4th, 1852, and amended April 19th, 1856, it is provided that 'The Grand Encampment of the Independent Order of Odd Fellows, and the Grand Lodge of the Independent Order of Odd Fellows of the State of Cali- fornia, and each Subordinate Lodge thereof, are severally empowered to acquire and hold such property, real and personal, as may be deemed necessary to carry out the char- itable purposes of said institution, and may sue and be sued, and have such other general powers as are granted corpora- tions, under the law, entitled 'An Act concerning corpora- 420 Incorporation. tions,* passed April twenty-second, one thousand eight hun- dred and fifty. If this Act have any force, it creates the Grand Lodge and the Subordinate Lodges corporations. It is not necessary to say, in an Act of Incorporation, that such body is made a corporation in name and in fact. The incor- poration may take place by a grant of the necessary and distinctive powers that belong to a corporation, and it is impossible to grant these powers without creating a corpora- tion. There are very grave doubts whether this Act does not undertake to create corporations, not for municipal pur- poses, by special act, and your committee consider those doubts to be well founded. They cannot see how the Grand Encampment, that is, a single body, can be considered even as a class, and the same may be said of the Grand Lodge and of each Subordinate Lodge. It cannot be perceived how they can be considered corporations formed under a general law. It is not safe, therefore, to hold this statute to be of any force, or to claim that the Grand or Subordinate Lodges take any powers under it, or become in any sense corpora- tions. — 1859 Journal, 526, 527. Resolution offered relative to testing the legality of the law.— 1862 Journal, 297. The Trustees requested to examine the question of the legality of the incorporation, and take action, if necessary, to per- fect the same. — 1863 Journal, 436. Report of the Trustees upon the subject. Until the permanent location of the Grand Lodge, the requirements of the law cannot be ful- filled. — 1864 Journal, 562. In 1893 a committee reported that under the law as it now stands, Title XII of Part IV of Division 1, of the Civil Code of the State of California, and so far as the laws of the State are concerned, there is no legal obstacle to the incorporation of the Grand Lodge in such form as will enable it to carry out all the fraternal purposes of its organization, to take and hold real property for its benevolent purposes, and to carry on and maintain institutions such as Homes for Aged Odd Fellows and their wives, and for widows and orphans of Odd Fellows; but when incorporated, its power to convey or to encumber its real property can be exercised only under authority of an Initiation. 421 order of Court, as in cases of religious associations, but in all other respects the management of its affairs may be as completely under the control of the Grand Lodge as are those of any other corporation under its control. The report was ''accepted," and the committee was discharged. — 1893 Journal, 394, 395, 399, 382, 369 to 371. As to the incorpo- ration of the Grand Lodge the Committee on Legislation reported: "We see no good reason for this Grand Body to take such a step and much to be said against it, and therefore recommend that no action be taken." Report approved.— 1898 Journal, 241, 278. (See Property of the Lodge; Odd Fellows' Hall.) INITIATION. 1604. When begins and ends. Initiation begins when the candidate is admitted into the Lodge-room, and ends when he is introduced to the Lodge. — 1895 Journal, 21, 185, 235. 1605. All must pass through the ceremony. It is not lawful for a Lodge to initiate one candidate and permit others to sit and witness it, all must pass through the cere- mony.— 1896 S. G. L. Journal, 14683, 14949, 15019. 1606. The grip. In an initiation the acting Past Grand (in closing his charge), should not greet and welcome the brother by giving him the initiatory grip. — 1897 S. G. L. Journal, 15167, 15534, 15584, 15613. 1607. Under age. A Lodge cannot initiate a candidate under twenty-one years of age. — 1903 S. G. L. Journal, 25, 284, 314. 1608. More than one at a time. It is ancient usage to initiate more than one at a time. — 1857 Journal, 272. 1609. Where required to be initiated — Staff. Initiation of menibers in Subordinate Lodges must take place in the Subordinate Lodge to which the applicant is elected. By 'the Lodge" to which he is elected is meant not merely the members composing that Lodge wherever they may be 422 Initiation. assembled, but those members, or a quornm of them, regu- larly assembled at a legally authorized time and place. Mem- bers of the Lodge to which the candidate is elected cannot take the applicant into the hall of a neighboring Lodge and have the initiation take place there by a staff of that Lodge. —1905 S. G. L. Journal, 25, 26, 219, 243. 1610. Where required to be initiated — Special meeting. All initiations must take place in the Lodge in which the applicant is elected, but initiation may take place at a special meeting called in accordance with the By-Laws. — 1865-1890-1892 S. G. L. Journal, 3739, 3821, 3842, 11897, 12217, 12281, 12797, 13050, 13075. 1611. Who may deliver Past Grand's charge. There is no law which prevents the delivery of the Past Grand's charge by the Noble Grand, although it should be given by a Past Grand if present. Under no circumstances, how- ever, should this charge be given by a Vice-Grand. It can- not be given by a Third Degree member.— 1852-1883 S. G. L. Journal, 1895, 1952, 9416, 9464. 1612. Can be no initiation, when. In the absence of the Noble Grand and all Past Grands there can be no initiation, as a Vice-Grand has no right to deliver the Past Grand's charge.— 1869 Journal, 125, 126, 12. 1613. Past Grand may initiate. The Noble Grand and Vice-Grand both being absent, a Past Grand may take the chair and initiate candidates. — 1876 Journal, 390, 474, 508. 1614. Candidate and Past Grand's Charge. As there is no legislation on that subject, it is within the discretion of the Subordinate Lodge to permit the candidate to stand or be seated during the delivery of the Past Grand's charge. 1894 S. G. L. Journal, 14031, 14065. 1615. Recognized mode. The mode of initiatory work as first promulgated and in general practice throughout the jurisdiction, is the recognized mode of conferring the Ini- tiatory Degree of the Order, and as such should be per- formed by all the Lodges in this jurisdiction. — 1888 Journal, 1114, 1130-1, 1144. i 424 Installation. By-Laws, when such installation shall be held on the first regular meeting in January of each year, providing the installing officers be present; if absent, the Lodge may, by vote, defer it for one week, or call a special meeting for that purpose at the request of the District Deputy Grand blas- ter. — Constitution Subordinates, Art. VI, Sec. 6. 1621. Ofl&cer resigns — His successor. In case an officer of a Lodge resigns, his legal successor should be installed. — 1904 Journal, 397, 541, 553. 1622. Grand Master and District Deputy Grand Master. The District Deputy Grand Master shall, in the absence of the Grand Master, install the officers of all Lodges in his district. — Constitution Grand Lodge, Art. IV, Sec. 7. Note. — It is one of the duties ciate at such installations, and as well as privileges of a Grand on such occasions may take the Master to install, or cause to- be chair of the Noble Grand — (1840- installed, the officers of a Subor- 1855 S. G. L. Journal, 919, 240.3, dinate Lodge; he may therefore, 2481, 2503). at his pleasure, attend and offi- 1623. Past Grand may install, when. Any Past Grand in good standing may install the officers of the Lodge in the absence of the District Deputy Grand Master. — 1857 Jour- nal, 274. 1624. The same. A Past Grand may install an officer elected to fill a vacancy, even though the District Deputy Grand Master has not been notified that the installation is about to take place. — 1860 Journal, 49. 1625. Examination in secret work and opening and clos- ing charges. The Noble Grand and Vice-Grand, prior to installation, must, in open Lodge, pass an examination in the secret work of the Order and in the opening and closing charges, satisfactory to the District Deputy Grand Master. — Constitution Subordinates, Art. VI, Sec. 4. 1626. Examination in the work necessary. A Noble Grand or Vice-Grand cannot be legally installed without an examination. It is necessary that the Noble Grand and Installation. 425 Vice-Grand shall both know all the unwritten work before they are installed. If Noble or Vice-Grand is installed by a Past Grand, the Past Grand must examine the Noble or Vice-Grand and certify the officer is proficient in the work. —1903 Journal, 23, 155, 180. 1627. Past Grand as installing officer, and proficiency in the work. Resolved, That it shall be illegal for any Past Grand to install into the office of Noble Grand or Vice- Grand until the said Past Grand has examined the brother and finds him sufficiently acquainted with the work to per- form the duties of the office. — 1895 Journal, 252. 1628. Unwritten work, and installation. It is necessary that the Noble Grand and Vice-Grand shall both know all of the "unwritten work" before they are installed. A Dis- trict Deputy should refuse to install them until they are proficient in this work.— 1896 Journal, 409, 588, 629. 1629. District Deputy and proficiency in the work. The District Deputy Grand Master, at the installation of offi- cers, is the only person who has the right to pass upon the qualifications of the officers elect as to their proficiency in the work.— 1889 Journal, 32, 122, 163. 1630. Noble Grand not proficient in work — Duty of Dis- trict Deputy Grand Master. If the Noble Grand elect of a Lodge be not sufficiently proficient in the work to entitle him to be installed, it is the duty of the District Deputy Grand Master, at the time of the installation, to declare the Lodge open for the nomination and election of a Noble Grand, but the District Deputy may, at the request of the Lodge, defer the installation of that officer a reasonable time to enable him to perfect himself in the work. — 1889 Journal, 34, 122, 163. 1631. Election of another when Noble Grand not pro- ficient in work. Should a District Deputy feel obliged to refuse to install the Noble Grand elect by reason of that officer not being proficient in the work (and the District Deputy puts his commission as District Deputy in jeopardy 426 Installation. by installing a Noble Grand or a Vice-Grand who has not the work of his office), he should allow the present Noble Grand to continue in office. In such a case, the Lodge may elect some other qualified brother to the office. In either case the District Deputy should forward reports, per capita tax, etc., and communicate the passwords to the Noble Grand and Vice-Grand.— 1895 Journal, 18, 185, 235. 1632. Noble Grand elect or Vice-Grand elect not quali- fied in secret work. At installation, if a District Deputy Grand Master find the Noble Grand elect or Vice-Grand elect not qualified in the secret work, he may declare the office vacant and order the immediate nomination and election of a Noble Grand or Vice-Grand, as the case may be, and install a brother properly qualified. — 1898 Journal, 222, 240, 254, 255; 1896 Journal, 439, 607, 636; 1901 Journal, 417, 540, 562; Molyneaux vs. Pomona Lodge, 1897 Journal, 968, 979. 1633. No installation by proxy — Noble Grand elect absent. Officers cannot be installed by proxy. Where the Noble Grand elect is absent at installation, the Lodge may, if it see fit, elect another Noble Grand, and he may be installed. If the Lodge desire to wait, the District Deputy should install the other officers, give the Noble Grand and Vice-Grand the passwords, and install the Noble Grand elect later.— 1895 Journal, 20, 185, 235. 1634. Noble Grand elect absent — Appointed officers. Where the Noble Grand elect is absent at the time of instal- lation of officers, the acting Noble Grand should continue to serve until the installation of his successor, and as the Noble Grand of the Lodge, has a right to appoint the sub- ordinate officers of the Lodge for the term. — 1898 Journal, 13, 221, 240. 1635. Supporters of the Vice-Grand— Vice- Grand pro tern. When a Vice-Grand elect is, on the evening of instal- lation, granted two weeks further time in which to make himself proficient in the work, and a Vice-Grand pro tern is Installation. 427 appointed for the evening, such Vice-Grand pro tern has no right to appoint the Right and Left Supporters of the Vice-Grand for the official term, and the District Deputy Grand Master has not the right to install them as such Sup- porters. The Ritual has placed with the regularly installed Vice-Grand only the authority to appoint these officers. The installation of the Vice-Grand Supporters, under the con- ditions above noted, must be deferred until the installation of the regularly elected A^^ice-Grand.— 1899 Journal, 466, 628, 675. 1636. Officers not elected for the term. A District Dep- uty Grand Master on February 12 visited a Lodge in his district and finding that the officers had not been elected for the term, caused the Lodge to elect the same and install them on the same evening and gave the Semi-annual Pass- word. Action approved by the Grand Lodge. — 1898 Jour- nal, 58, 220, 240 ; 1905 Journal, 748, 926, 944. 1637. Cannot install any one not elected. It is illegal to install any one into office who has not been legally elected thereto. Installation by proxy is unauthorized. — 1896 Journal, 411, 581, 628. 1638. Officer pro tern. An officer appointed pro tern cannot be installed.— 1903 Journal, 23, 159, 184. 1639. Noble Grand elect absent at first meeting of term. If the Noble Grand elect do not appear for installation at the first meeting of the term, the Lodge may proceed to elect and install another person upon the same evening, to take his place. — 1870 Journal, 187, 255; Louis vs. Morning Star Lodge, 1879 Journal, 25, 106, 128. 1640. Absence of Vice-Grand. Where the District Dep- uty Grand Master has installed all the officers of a Lodge except the Vice-Grand, who is absent, the Vice-Grand may be installed at the next meeting of the Lodge. Should the District Deputy be absent from that meeting, a Past Grand may, at the request of the Lodge, install the Vice-Grand, taking care, however, to examine him as to his proficiency 428 Installation. in the work prior to installation. The Lodge should be sufficiently interested in a correct performance of its work not to permit the installation of either Noble Grand or Vice-Grand unless informed that the District Deputy Grand ]\Iaster, who is the authority in the unwritten work of his district, is satisfied of the proficiency of those officers. — 1880 Journal, 257, 359, 375. 1641. When unlawful to install. It is unlawful to install the officers of a Lodge before the first regular meeting of a term.— 1888 Journal, 1020, 1111, 1130. 1642. Deferred installation or special meeting. The offi- cers of a Lodge should be installed at the first regular meet- ing of the term, but installation may be deferred until the next regular meeting, or the Lodge may call a special meet- ing for the purpose at the request of the District Deputy Grand Master.— 1895 Journal, 19, 185, 235. 1643. Arrangement with District Deputy Grand Master to install. If there were no arrangement with the Lodge that the District Deputy Grand Master should install the officers at the third meeting, the Lodge had the right, the District Deputy Grand Master being absent, to have its officers installed at the second regular meeting of the Lodge in the new term by a Past Grand. If there were such an arrangement with the Lodge, it should have waited till the third regular meeting, and then had its officers installed. — In matter of Arroyo Grande Lodge, 1896 Journal, 574, 616. 1644. Installation and Password. It is the duty of the District Deputy Grand Master, unless the Grand Master assume that duty, to install the officers and communicate the Semi-annual Password on installation, but in case the officers be installed in his absence, it is still his duty to visit the Lodge or its officers and communicate the same. — In the matter of Arroyo Grande Lodge, 1896 Journal, 574, 616. 1645. Charges preferred after election. Where a Lodge, elects a qualified brother to an office, and after his election Installation. 429 and before his installation charges are preferred against the brother, the District Deputy Grand Master must pro- ceed to install the brother. Should objections be offered, the installing officer should proceed as directed in the Rit- ual.— 1887 Journal, 770, 898, 904. 1646. Undecided charges do not affect installation. Unde- termined charges against an officer elected but not installed have not the effect of preventing his installation. — 1885 S. G. L. Journal, 286, 403, 432. (As to Crime, see Section 2251.) 1647. Noble Grand may install, when. A Noble Grand may install the officers that succeed him, when there is no qualified officer present — that is, in the absence of the Grand Master, his Deputy and all Past Grands — after the consti- tutional time has expired. — 1856 Journal, 218 ; 1848 S. G. L. Journal, 1246. 1648. Officer who holds for a year. An officer holding office for one year may be publicly installed at the mid-term installation for the remainder of his term, but cannot be compelled to be so reinstalled.— 1897 Journal, 806, 994, 1034. 1649. Joint public installations. Joint public installa- tions may be held, the Lodges being legally convened and the law regulating such matters complied with. — 1890 S. G. L. Journal, 12216, 12281. 1650. Joint installations in public or in secret session. Lodges may hold joint installations of officers either pub- licly or in secret session. A Lodge may do that in secret which the law provides may be done in public. — 1898 Jour- nal, 11, 221, 240. 1651. Joint installation — Rebekah Lodge — Encampment. A joint installation is where the officers of several Lodges are installed by the same Deputy, with the same ceremony. at the same time and place. A Subordinate Lodge Deputy, as such, cannot install the officers of a Rebekah Lodge or an Encampment. Where a Subordinate Lodge, a Rebekah 430 Installation. Lodge and an Encampment install in the same hall, on the same evening and each Lodge by its own Deputy, the same is a public installation of officers, and each organization should procure a dispensation from its respective Deputy. — 1898 Journal, 13, 221, 240. 1652. Public installation. The Subordinate Lodges of this jurisdiction are authorized to install their officers in public; provided, that the ceremony be conducted by one or more of the elective officers of the Grand Lodge, or a District Deputy Grand Master; and provided, that they use the form for public installation prescribed by the Sovereign Grand Lodge. — 1859 Journal, 524. Note. — There is no law against than the Lodge-room, there is no installing officers of Subordinate objection to declaring a recess and Lodges in any suitable hall out- then proceeding to the hall in side of the Lodge-room, provided, which the ceremony is to take the form of public installation be place, after which the Lodge used — (1871 S. G. L. Journal, should return to its Lodge-room 4992, 5185, 5222). A Lodge and close in form. If a Lodge should not "close in regular should close before installation, form" before a public installa- and then the officers should be in- tion, but, "the ordinary ceremo- stalled, the installation would be nies being suspended," the doors valid, though irregular, and the are opened and the installation installed officers would be the proceeds. After the installation, legal officers of the Lodge — (1876 the Grand Officers and all but S. G. L. Journal, 6963, 6973). members retire, when the Lodge As to dispensations for installa - closes in form. If the installa- tion of officers in public, see Sec- tion takes place at a room other tions 1175, 1195. 1653. An officer not qualified to install. A brother installed into an office by one who is not a Past Grand or by one not qualified or authorized to install is not legally installed and does not acquire the honors of the office. — 1898 Journal, 12, 221, 240. 1654. Loss of Ritual. The loss of a Ritual would not justify a District Deputy in refusal to install the officers of a Lodge.— 1895 Journal, 20, 195, 196, 236. 1655. Elective officer has precedence of District Deputy Grand Master. At public installations, in case of contro- Installation. 431 versy, an elective officer of the Grand Lodge shall have precedence of a District Deputy Grand Master in conduct- ing the ceremony. — 1860 Journal, 22. 1656. Open in Third Degree. At installation of officers the Lodge must be open in the Third Degree, and the offi- cers retiring with the Grand Marshal for examination must address the chair.— 1897 Journal, 839, 840, 994, 1034. Note. — The installation cere- Lodge is open in the Third De- mony in a Subordinate Lodge gree — (1885 S, G. L. Journal, must always take place when the 9856, 10105, 1017G). 1657. Officers elect entering or retiring. Officers elect, having been examined in the ante-room, when they enter for installation, do not address the chairs. When the officers at installation retire in charge of the Grand Marshal for exam- ination, they should retire in form, that is, address the chair. —1871-1887 S. G. L. Journal, 4992, 5185, 5222, 10716, 10951, 11005. 1658. Pecuniary charges. All officers shall be clear of all pecuniary charges on the books at the time of installa- tion. — Constitution Subordinates, Art. VI, Sec. 4. 1659. Assessments and semi-annual reports. Grand Lodge assessments must be paid to the District Deputy Grand Master prior to installation of officers, and no Lodge is entitled in this jurisdiction to have its officers installed until the semi-annual reports to the Grand Lodge shall have been placed in the hands of the installing officers. — Consti- tution Grand Lodge, Art. VIII, Sees. 3 and 4. 1660. Reports and returns. The Grand Lodge calls the attention of officers installing the officers of Subordinate Lodges to Sections 2 and 3, Article XI of the Constitution of Subordinate Lodges, and requires them not to install the officers until the provisions of those Sections are strictly complied with— 1857 Journal, 218, 250. 1661. Objections to legality of election. Should any objection be expressed, it will be the duty of the Grand Master to examine its nature, and if it should appear that 432 Installation. the election has been effected by irregular or illegal means, the Grand Master shall order a new election to take place at that time, which he shall conduct, and the person then elected, if qualified, shall be installed. (See Subordinate Lodge Ritual; Installation.) Note.— Where a new election i'ng the election or the installation is ordered by a Grand Master at of officers. A member of the installation, it is his duty to con- Lodge may vote at such election, duct the same, and the Noble although a Grand Officer, or act- Grand, or anyone else, has no ing as such, and clothed in his right to attempt to put a ques- official regalia — (1870 S. G. L. tion to the Lodge while the Grand Journal, 4842, 4870). Master or his deputy is conduct- 1662. The same. Objections to an officer of the Lodge acting as such, on the ground of illegal votes being cast, should be made at the time of installation and not after- wards.— 1877 Journal, 581, 675, 697. 1663. What language Lodges to be installed in. A Lodge working in a foreign language has no right to demand that its officers be installed into their respective chairs in the language in which they work, when the District Deputy or Installing Officers do not understand such language. — 1858 Journal, 369. 1664. Foreign language. There is no law that compels a District Deputy to learn a foreign language in order to install the officers of a Lodge working in a foreign language. —1897 Journal, 805, 1030, 1054. 1665. Lodge must have seal before Secretary is installed. District Deputy Grand Masters shall not install Recording Secretaries until Lodges place in their hands a proper seal, except in the case of institution of new Lodges. — 1858 Jour- nal, 389. 1666. Retiring Noble Grand need not be installed Past Grand. It is not necessary that the retiring Noble Grand should be present at the installation of his successor, and be installed as a Past Grand.— 1881 Journal, 502, 601, 627. Installation. 433 1667. Sitting Past Grand — Noble Grand not earned Hon- ors of Ofl&ce. At the installation of officers, the installing officer has no right to instruct a Noble Grand who has not served a majority of the meeting nights of the term, to take his seat as Sitting Past Grand of the Lodge. — 1901 Journal, 409, 557, 562. 1668. Regalia — Patriarch Militant uniform. The Grand Master and his Deputy are, so to speak, civic officers, and when performing the functions of that office should be clothed in regalia appropriate to those functions. A mem- ber of the Patriarchs Militant has no right to wear his uni- form while installing the officers of a Subordinate Lodge, either in connection with a Past Grand's regalia or without it. Being the representative of the Grand Master, he must wear the regalia representing that office, and that alone. — 1888-1895 S. G. L. Journal, 11095, 11405, 14248, 14487, 14570. 1669. Patriarch Militant uniform — Lodge officer. A member of the Patriarchs Militant in full uniform must remove his chapeau, sword and belt before he can be installed into an office in a Subordinate Lodge. Only the regalia of the office can be worn while occupying the chair of said office.— 1904 Journal, 368, 547, 562. (See Errata in Jour- nal.) 1670. When District Deputy Grand Master may be removed from office. It is the duty of the Grand Master to remove from office any District Deputy Grand Master who shall install into their respective offices any Noble Grand or Vice-Grand who has not committed to memory the charges and secret work. — 1888 Journal, 1126. 1671. Installing officer, how addressed. When installing they shall be addressed by their proper title. A District Deputy Grand Master, when installing, shall be addressed as District Deputy Grand Master. — 1897 S. G. L. Journal, 15176, 15534, 15584, 15613. (See District Deputy Grand Master under head of Offi- cers; Dispensations.) 28 434 Insurance— International Relations. INSTITUTION. (See Charter.) INSTRUCTIONS. (See Representatives.) INSTRUCTIONS IN THE WORK. (See Work of the Order.) INSURANCE. 1672. Lodges should insure their property. Resolved, That this Grand Lodge recommend to the Subordinate Lodges to insure their property against fire. — 1880 Journal, 365, 376. 1673. Grand Lodge — Insurance and surety companies. There is no law of the. Order which authorizes a Grand Lodge to form an indemnity company to protect Lodges from losses by fire, or from infidelity of officers. — 1903 S. G. L. Journal, 26, 284, 314. 1674. Soliciting life insurance. All solicitation of life insurance in the Lodge while it is in session is improper. — 1905 S. G. L. Journal, 76, 276, 291. INTERNATIONAL RELATIONS. 1675. Foreign Sovereignties. The Sovereign Grand Lodge has granted charters to the following sovereignties or Grand Lodges in foreign countries: The Grand Lodge of Australasia (which includes Australia, New Zealand, Tasmania, and other islands), the Grand Lodge of the Ger- man Empire, the Grand Lodge of Switzerland, the Grand Lodge of Sweden, the Grand Lodge of Denmark, and the Grand Lodge of Netherlands. The Sovereign Grand Lodge, in 1900, desiring to concede to its foreign jurisdictions the largest measure of independence consistent with the unity of Odd Fellowship throughout the world, adopted a uniform charter for foreign jurisdictions, to become eft'ectual in each foreign jurisdiction upon its formal acceptance by regular and lawful action of such jurisdiction in accordance International Relations. 435 with existing laws and when accepted and issued to super- sede all existing charters, supplemental charters and grants to such jurisdiction and all agreements and stipu- lations affecting the same. The following is the form of such uniform charter. '^ INDEPENDENT ORDER OF ODD FELLOWS. SOVEREIGN GRAND LODGE. Charter of the Grand Lodge of To all Whom it May Concern : — Know ye, that the Sovereign Grand Lodge of the Inde- pendent Order of Odd Fellows, by virtue of the authority vested in it, doth hereby create into distinct sovereignty and independence in Odd Fellowship the Grand Lodge of with full power in all matters relating to Odd Fellowship, as hereinafter more fully set forth, within the territory' and jurisdiction hereinafter prescribed and allotted. The powers and obligations of the Grand Lodge hereby chartered shall be and remain as herein prescribed and not otherwise. First, The Sovereign Grand Lodge is the source of all true and legitimate Odd Fellowship and the supreme power in the Order throughout the globe, except in so far as it has released or granted powers to Grand Lodges by charters or otherwise. It has original jurisdiction and ultimate power to enforce and con.strue this charter, and has appellate jurisdiction, and is the final arbiter in all questions and controversies between Grand Lodges chartered by it. Second, That the Sovereign Grand Lodge reserves to itself and shall alone have the power to introduce Odd Fellow- ship into new countries by the institution of Grand or Sub- ordinate Lodges therein, except so far as it may from time to time delegate or grant such power to others. 436 International Relations. Third, It is now and shall always remain the fundamental creed of the Order that we believe in a Supreme Being, the Creator and Preserver of the Universe. Fourth, The Order is, and shall forever continue to be, bound to charitable and beneficent works, in visiting the sick, relieving the distressed, burying the dead, and edu- cating the orphan, and in the performance of all these recip- rocal duties and benevolences which spring from our recog- nition of the Fatherhood of God and the Brotherhood of Man, and from the inculcation and practice of Friendship, Love and Truth. The manner, character and extent of monied relief to be extended is to be determined and regulated by each juris- diction. Fifth, No Grand Lodge shall have the right to excommu- nicate any other Grand Lodge or the Lodges subordinate to it, nor to proclaim or enforce non-intercourse between such Grand Lodge or its Subordinates, and another Grand Lodge, its members or subordinates, except by the consent of the Sovereign Grand Lodge and upon good cause shown to exist therefor. Sixth, Among the qualifications for membership in the Order, there shall at all times and under all conditions and circumstances be included the following qualifications; namely, that the applicant shall be a free white male of good moral character, a believer in a Supreme Being, the Creator and Preserver of the Universe. Seventh, The Grand Lodge chartered hereby shall not at any time in any wise alter, or repudiate, or permit to be altered or repudiated within its jurisdiction, any of the signs, tokens, passwords or grips, or any part of the Unwrit- ten Work of the Order, as now known and practiced, and as may hereafter be prescribed by the Sovereign Grand Lodge. Eighth, The Sovereign Grand Lodge reserves unto itself the right to prescribe and give to the Grand Lodge hereby chartered, and the said Grand Lodge is obligated to receive » International Relations. 437 the Annual Traveling Password and Explanations, and the Annual Password of the Rebekah Degree, which passwords and none other are to be used within said jurisdiction for their respective purposes, and shall be used and spoken in the English language. Ninth, Cards of Visitation and Final Cards, prescribed and issued by the Sovereign Grand Lodge, shall be respected and received, and visitation thereon, and deposit thereof .shall be permitted as now practiced and prescribed. Tenth, The Grand Lodge hereby chartered shall conform to the provisions of this instrument; otherwise this charter shall be of no further force or effect. Eleventh, In respect to all matters not herein specifically provided and reserved, the Grand Lodge hereby chartered and created shall be independent; and within the limits of its jurisdiction shall be the Sovereign and Supreme head of the Independent Order of Odd Fellows. Given under the seal of the Sovereign Grand Lodge and the hands of its officers, at the city of Baltimore, State of Maryland, in the United States of America, this day of A. D. one thousand nine hunderd and of our Beloved Order the year. Grand Sire. Deputy Grand Sire. Grand Secretary. [Seal] —1900 S. G. L. Journal, 940, 942; 1902 S. G. L. Jour- nal, 576. The prohibition in the fifth article of the Uniform Constitution for foreign jurisdictions against a Grand Lodge excommunicating or declaring non-intercourse with Sub- ordinate Lodges does not apply to the Subordinate Lodges of the Grand Lodge so acting, or to its members, but only to the Subordinates and the members of other Grand Lodges. —1901 S. G. L. Journal, 405, 406, 417. The Grand Lodge of Switzerland and the Grand Lodge of Australasia are the 438 Investments. only Sovereignties that have accepted the Uniform Charter. The charters of the other foreign jurisdictions will be found printed in the Journals of the Sovereign Grand Lodge, that is, the charter of the Grand Lodge of the German Empire and the agreement therewith and supplemental charter. —1878 S. G. L. Journal, 7601 ; 1884 S. G. L. Journal, 9653 to 9660. Charter of Grand Lodge of Denmark and agree- ment therewith.— 1884 S. G. L. Journal, 9521, 9522; 1892 S. G. L. Journal, 12813 to 12815. Charter of Grand Lodge of Sweden and agreement therewith. — 1897 S. G. L. Jour- nal, 15223, 15226. Charter of Grand Lodge of Netherlands. —1900 S. G. L. Journal, 524, 886, 914. The Grand Lodge of Australasia has sybordinate to it six Grand Lodges. The Uniform Charter for foreign jurisdictions is an imperative need of the Order for that proper unification which is essen- tial to the welfare of the Order.— 1904 S. G. L. Journal, 865, 884. Residents of a country wherein no Lodge or Encampment of our Order exists, if otherwise eligible under our laws and acceptable upon ballot, may be admitted to membership by any Lodge of our Order.— 1900 S. G. L. Journal, 929. As to the establishment of foreign Sovereignties their charters, agreements, powers granted and reserved by the Sovereign Grand Lodge, and other matters appertaining thereto, see 1900 S. G. L. Journal, 925 to 941, 715, 716 ; 1904 S. G. L. Journal, 555, 855 to 864; 1878 S. G. L. Journal, 7578, 7579, 7689 ; 1880 S. G. L. Journal, 8218 ; 1901 S. G. L. Journal, 135 to 137, 405 to 416, 417 ; 1902 S. G. L. Journal, 558, 576, 629 to 632, 998 ; 1903 S. G. L. Journal, 66 to 72, 103 to 109, 403 to 408 ; 1905 S. G. L. Journal, 130, 348. (See note to Section 2492.) INVESTMENTS. 1676. The funds of a Lodge. They may be invested from time to time as the Lodge shall direct. (See Funds.) Jewels. 439 JEWELS. 1677. Lodge must furnish. The jewels of the Order must be furnished by Lodges for their officers. — 1857 Journal, 289. 1678. Sovereign Grand Lodge Jewels. Grand Sire and Past Grand Sires, a medal three inches in diameter, of yellow metal, on one side of which shall be the coat of arms of the United States of America, surrounded by an ornamental silver edging; Deputy Grand Sire, similar to the jewel of the Grand Sire in all respects, except that it shall be two inches in diameter; District Deputy Grand Sire, a medal similar in all respects to the jewel for the Grand Sire, except that it shall be two inches in diameter; Grand Representa- .tives and Past Grand Representatives, a medal the size and style of the Grand Sire's, with the coat of arms of the State represented.— 1903 S. G L. Journal, 294, 315 ; S. G. L. By- Laws, Art. XXIT, Sec. 8. 1679. Grand Lodge medals or jewels. Past Grand Master, the sun, wath liand and heart, of white metal, two and one-half inches in diameter; Grand Master, the sun, with scales of justice, of white metal, two and one-half inches in diameter; Deputy Grand Master, a half moon, of white metal, two and one-half inches in length; District Deputy Grand Master, a shield of sterling silver, one inch and three- quarters wide and two inches long (greatest measure- ments) ; the upper part covered with white enamel with letters D. D. G. M. in blue enamel. The lower part covered with scarlet enamel bearing the following in white enamel: A crescent supporting a five-pointed star, with the letters L 0. 0. F. below the crescent. Past District Deputy Grand Master, the same jewel used for D. D. G. M. with the letter P. in blue enamel in the center above the letters D. D. G. M. ; Grand Warden, two crossed gavels, of white metal, two and one-half inches in length; Grand Secretary, tAVO crossed pens, of white metal, two and one-half inches in length; Grand Treasurer, two crossed keys, of white metal, two and one-half inches in length ; Grand Conductor, a Roman sword, of white metal, two and one-half inches in length; Grand 440 Jewels. Guardian, two crossed swords, of white metal, two and one- half inches in length; Grand Marshal, a baton, of white metal, two and one-half inches in length; Grand Herald, a trumpet, of white metal, two and one-half inches in length. —1903 S. G. L. Journal, 294, 315; 1904 S. G. L. Journal, 732, 733, 746. 1680. Subordinate Lodge jewels. Past Grand, a five- pointed star, of white metal, two and one-half inches wide, from tip to tip; Noble Grand, two crossed gavels, of white metal, two inches wide and three and one-half inches long; Vice-Grand, an hour glass, of white metal, two inches wide and three and one-half inches long; Recording or Financial Secretary, two crossed pens, of white metal, two inches wide and three and one-half inches long; Treasurer, two crossed keys, of white metal, two inches wide and three and one- half inches long ; Warden, two crossed axes, of white metal, two inches wide and three an^ one-half inches long; Con- ductor, two crossed wands, of white metal, two inches wide and three and one-half inches long ; Guardians, two crossed swords, of white metal, two inches wide and three and one- half inches long; Supporters of the Noble Grand, a wand, of white metal, with two circular arms, connected by three links, and encompassing a gavel two inches wide and three and one-half inches long; Supporters of the Vice-Grand, same, encompassing an hour glass; Scene Supporters, same, encompassing a burning torch ; Chaplain, same, encompassing a Bible.— 1903 S. G. L. Journal, 294, 315. 1681. All officers must wear jewels. The law requires the appointed as well as the elective officers of a Lodge to wear jewels.— 1877 Journal, 582, 675, 697. Note. — The jewels must not be wrought in the regalia. L. Journal, .5804, 5945, 5953). (1873 S. G. 1682. Grand Master when visiting Lodges. A Grand Master when visiting as such in his own jurisdiction should wear the regalia and jewels of his office. — 1870 S. G. L. Journal, 4716, 4842, 4870. f Jewels. 441 1683. Past Grand Master's Jewel. The Grand Lodge resolved to present each retiring Grand Master with a Past Grand Master *s Jewel. — 1869 Journal, 127. 1684. Veteran Jewel, I. 0. 0. F. Members of the Order in good standing, and who, for twenty-five years or more, have been such, shall ha entitled to wear a jewel to be desig- nated The Veteran Jewel, I. 0. O. F.— 1888-1889 S. G. L. Journal, 11341, 11410, 11542, 11674, 11726, 11785. 1685. The same — Continuous membership necessary. A brother must be a member continuously for twenty-five years to be entitled to the Veteran Jewel. A temporary suspension for non-payment of dues during that period destroys his right to the jewel.— 1902 S. G. L. Journal, 535, 996, 1006. 1686. The same — Sick benefits. A brother who has been continuously for twenty-five years a member of a Subordi- nate Lodge and not suspended for any cause, the fact that during that period he was temporarily deprived of sick benefits for arrears of dues does not deprive him of the right to receive and wear the Veteran Jewel. — 1898 S. G. L. Jour- nal, 15747, 15748, 16030, 16054. 1687. The same — A Withdrawal Card. A brother who has been continuously a member of a Subordinate Lodge or Lodges for twenty-five years without being suspended has a right to the Veteran Jewel. If he takes a Withdrawal Card from his Lodge and within a year thereafter deposits the same and is admitted to membership in another Subor- dinate Lodge, the fact of such intermission in active member- ship does not break his continuous membership in the Order so as to preclude him from claiming the Veteran Jewel. If he permit more than a year to elapse before joining another Lodge, the Withdrawal Card expires and he becomes an Ancient Odd Fellow, and thereby breaks his continuous membership, and is not in such case entitled to the jewel. — 1898 S. G. L. Journal, 15747, 15748, 16030, 16054; 1895 S. G. L. Journal, 14250, 14487, 14570; 1902 S. G. L. Journal, 18, 284, 314. 442 Jewels. 1688. May wear both sizes. A brother entitled to wear the Veteran Jewel may procure and wear both the lar«i:e and the watch-charm size.— 1902 S. G. L. Journal, 534, 950, 969, 978, 1002. 1689. Cannot purchase or wear unless entitled. No one can purchase or wear the Veteran Jewel except he be entitled thereto under the law.— 1902 S. G. L. Journal, 535, 978, 1002. 1690. Veteran Jewel. A six-pointed maltese cross of red enamel, one and one-quarter inches in diameter, supporting a six-pointed w^hite star wath red center, on which the figures 25 appear in white enamel. The base of the jewel is yellow metal, which appears as a wreath of leaves between the points of the cross. The whole is supported by a three-link pin of yellow metal attached at the top, and may be worn with or without a ribbon. This jewel is made in a smaller size, suitable to be worn as a watch charm. Both sizes are made in four qualities, but all of the same shape and style. The design is patented, and the jewels can be purchased from the Grand Secretary of the Sovereign Grand Lodge on an order from a Grand Secretary of a Grand Lodge. Prices: Plated, $3.50; 8-karat gold, $10.00; 10-karat gold, $20.00; 14-karat gold, $25.00.-1903 S. G. L. Journal, 294, 315. 1691. Sovereign Grand Lodge's sole right to manu- facture. Letters patent have been obtained for the above design of the Veteran Jewel, so that the sole right to manu- facture the same is vested in the Sovereign Grand Lodge. — 1889 S. G. L. Journal, 11497, 11545, 11674, 11726, 11785. 1692. Honorable Veteran Jewel, I. 0. 0. F. It is fur- nished and sold to members in good standing who have held continuous membership in the Order for fifty consecutive years or more, and in the same manner and on the same terms as the "Veteran Jewel, I. O. 0. F." is sold and dis- tributed. It is furnished only by the Sovereign Grand Lodge through its Grand Secretary upon the certificate of Subordinate Lodge and the order of a Grand Secretary of a I Jewels. 443 Grand Lodge, when accompanied by the cash. — 1893-1894 S. G. L. Journal, 13559, 13685, 13693, 13828. 1693. Honorable Veteran Jewel. Made of 14-karat gold throughout, except the laurel wreath, which is of 18-karat green gold. The globe is one and one-eighth inches in diame- ter, surrounded by a wreath, making an extreme width of one and one-half inches. The bar, or top piece, is one and three- eighths inches wide; total length of badge, two and five- eighths inches. The globe is boldly convexed, with flat back for inscription. Front of globe, highly polished with lines of longitude and latitude plainly engraved. The continents are inserted in the globe and made of a differently tinted gold, finished dull or frosted. The wreath, as stated, is of green gold, composed of laurel leaves in relief, connected at the bottom by three carved links. At top of globe, sup- ported by an ornamental scroll at either side, are the figures 50, set solid with diamonds. Diagonally across the globe is a raised ribbon scroll, enameled in dark blue, bearing the word "Universal" in gold letters. The pendant is connected to the bar by three links at either side. The border, and letters *'I. O. O. F." on the front of the bar are raised. On the back of the bar are a gold-hinged pin and catch for fastening. This jewel is sold by the Grand Secretary of the Sovereign Grand Lodge only on an order from a Grand Secretary of a Grand Lodge. — 1903 S. G. L. Journal, 294, 315. The price is fixed at $40.00.-1894 S. G. L. Journal, 13827, 13974, 14064. One is also authorized to be made of gold of lower karat and less weight than the one of 14-karat gold, so that it can be sold to Grand Lodges for a sum not exceeding $20.00. It is sold for $20.00—1904 S. G. L. Journal, 816, 817, 841, 842, 879; 1905 S. G. L. Journal, 211, 243. 1694. Application for the Veteran and Honorable Veteran Jewel. A member must apply for the jewels to the Grand Secretary of the jurisdiction in which he holds membership and furnish such Grand Secretary a certificate from the Secretary of his Lodge and certificates from the Secretaries 444 Journal of Proceedings. of other Lodges, if he has belonged to other Lodges, show- ing that his membership has been continuous for twenty-five years or more, or fifty years or more, or, if the Lodge in which he was initiated is defunct, a certificate from the Grand Secretary of the jurisdiction in which the Lodge was located, as to his initiation and membership, or, if the rec- ords are destroyed or from other cause the certificate from Grand Secretary cannot be obtained, he must furnish an affidavit as to his initiation and membership. A member can have his name engraved on the reverse side of the jewel.— 1889 S. G. L. Journal, 11543, 11674, 11726, 11785; 1893 S. G. L. Journal, 13559, 13685, 13693. 1695. Lodge Street Uniform Jewel. A jewel collar two and one-half inches wide, uniting in a point in front, made of light blue Italian cloth or other material, except velvet, edged with silver lace or braid, one-fourth of an inch wide, and without embroidery of any kind whatever. A medal, to be suspended from the collar, of white metal, one and three-fourths inches in diameter, having on the obverse side, in raised w^ork, the All-Seeing Eye, encircled with rays of light, and on the reverse, also in raised work, three links of the Order, surrounded by the legend, ''In God We Trust, Friendship, Love and Truth."— 1903 S. G. L. Journal, 294, 315. (See Funds.) JOURNAL OF PROCEEDINGS. 1696. One copy to each Lodge. The Grand Secretary shall make a just and true record of the proceedings of the Grand Lodge at every session, and transmit as soon as prac- ticable after the close of the annual session, to the Subordi- nate Lodges, each, one copy thereof. — Constitution Grand Lodge, Art. IV, Sec. 4. 1697. None but Odd Fellows should inspect. It is improper to submit to the inspection of persons not Odd Fellows the proceedings of the Grand Lodge, except the printed proceedings. — 1860 Journal, 84, 86. Lectures. 445 1698. Grand Lodge may omit recording some proceed- ings. A Grand Body has the undoubted right to omit recording such of its proceedings as, in its judgment, should not appear upon the record. — 1852 S. G. L. Journal, 1916, 1956. 1699. As legal information and authority. The Journals of Proceedings of the Grand Lodge are to be taken by Dis- trict Deputy Grand Masters for legal information and authority.— 1858 Journal, 331, 398. 1700. Journals for District Deputies. The Grand Secre- tary shall furnish each District Deputy Grand Master with one copy of the bound proceedings of the Grand Lodge. Said copy shall belong to the office, and it shall be the duty of each District Deputy to deliver the same to his successor in office. The number of the district shall be marked on the outside of the cover. — 1860 Journal, 69. 1701. Sovereign Grand Lodge Journal. The Grand Lodge recommends that the Journal of Proceedings of the Sovereign Grand Lodge.be in the possession of each Lodge in the jurisdiction. — 1855 Journal, 136. (See Grand Secretary and District Deputy Grand Master, under the head of Officers. See Secret Journal; Obituary Tablet.) JUNIOR PAST GRAND. (See Officers of Subordinate Lodge.) LAWS OF SUBORDINATES, COMMITTEE ON. (See By-Laws.) LECTURES. 1702. Odd Fellowship. There is no law preventing a brother lecturing, if he violate no principle or law of the Order, but he has no right to assume that he speaks from authority.— 1877 Journal, 582, 675, 697. Note. — It is not illepnl that ment of the Noble Grand, shall, members of a Lodge, by appoint- when the Lodge is opened under 446 Legislation — Libraries, Odd Fellows*. the head of "Good of the Order," Odd Fellowship— (1876 S. G. L. deliver addresses or essays on Journal, 6752, 6977, 7051). (See Charges and Lectures.) LEGAL TENDER NOTES. (See Offenses.) LEGISLATION. 1703. Committee on Legislation. The Committee on Legislation shall consist of five members, who shall examine and report on all proposed amendments of the Constitution, By-Laws, Rules of Order and Resolutions governing this Grand Lodge, and such other matters as may be referred to them by the Grand Lodge or Grand Master. — Constitution Grand Lodge, Art. VI, Sec. 10. 1704. The same— A Regular Committee. It shall be appointed at each annual session of the Grand Lodge from among the members present. It is a Regular Committee. — Constitution Grand Lodge, Art. VI, Sec. 1. LIBRARIES, ODD FELLOWS'. 1705. Recommended by the Grand Lodge. Lodges throughout this jurisdiction are recommended to establish Odd Fellows' Libraries.— 1857 Journal, 288. 1706. Donations and subscriptions to establish and sup- port. Whereas, The establishment and support of Odd Fel- lows' Libraries in connection with the Order in this State has been productive of much good in promoting intellectual advancement among the brethren and their families, and gives character to the Order for attainment in knowledge; and Whereas, It is our aim to elevate and improve the char- acter of man by the encouragement of education and the promotion of all those objects that have a tendency to give character to Odd Fellowship for intellectual greatness, as well as for its perfect system of charities: 448 Liquors. laws nor the principles of Odd they will not attempt to enforce Fellowship descend to the restric- total abstinence, a principle tion or regulation of the beverage never intended by the framers to of its members. While temper- be ingrafted upon our Order — anc€ is a cardinal principle of (1849 S. G. L. Journal, 1504, the Order and must be observed, 1513). 1708. Celebrations, anniversaries, balls and parties. Rcsoh'cd, That no Subordinate Lodge under the control of this Grand Lodge shall hold any anniversary or other cele- bration, ball or party, where the regalia of the Order may be worn, or the name of the Order assumed, without the con- sent of the Grand Master, first obtained in writing; such permission to be predicated only upon the direct promise, through the officers of the Subordinate seeking the per- mission, that no intoxicating beverages of any kind shall be offered by them to the members or guests present on the occasion; provided^ that the foregoing is not intended to prevent Lodges from joining in a public procession in regalia, in connection with other organizations, when invited to do so by civil or other authorities, permission for that purpose having first been obtained from the Grand Master. Resolved, That Lodges desiring to avail themselves of the privileges contained in the foregoing resolution may apply to the Grand Master, through their Noble Grand or Secre- tary, under seal of the Lodge. Such application shall con- tain a direct promise that no intoxicating beverages of any kind shall be offered by them to the members or guests present on the occasion. — 1866 Journal, 189, 229. Note. — The Sovereign Grand and entertainments of every kind Lodge has enacted similar legis- — (1892 S. G. L. Journal, 130(>7, lation applicable to anniversaries, 13156). excursions, picnics, balls, parties 1709. No liquors at celebration, banquet, entertainments. No Lodge shall permit the use of spirituous or malt liquors at any celebration, entertainment, banquet, supper or other repast given by the Lodge or held in the name of the Order, whether held in the building or Lodge-room controlled by the Lodge, or at any other place. — Constitution Subordi- nates, Art. X, Sec. 4. Liquors. 449 1710. Saloonkeeper, barkeeper. A saloonkeeper or a bar- keeper is not eligible to membership in the Order. — Consti- tution Subordinates, Art. II, Sec. 6; Constitution Sovereign Grand Lodge, Art. XVI, Sec. 5. (See Membership.) 1711. Saloonkeeper, barkeeper. A saloonkeeper or bar- keeper is not eligible to membership in the Order. A mem- ber of the Order who was not in the saloon business on the 18th of September, 1895, has no right to engage in the busi- ness since that time.— 1897 Journal, 808, 994, 1034; 1896- 1903 S. G. L. Journal, 14681, 14948, 15019, 21, 284, 314. 1712. When cannot resume saloon business. A member of the Order, who was engaged in the saloon business prior to September 18th, 1895, but who subsequently went out of said saloon business and remains out of it for two years or gives up the business, cannot again resume the occupation of saloonkeeper or barkeeper. — 1900 Journal, 25, 26, 185, 230; 1896-1903 S. G. L. Journal, 14681, 14948, 15019, 21, 284, 314. 1713. Leasing property for saloon. There is no law of the Sovereign Grand Lodge that prevents a Lodge leasing its property for a saloon.— 1896 Journal, 14682, 14948, 15019, 15043. 1714. A Lodge rents a store-room for a saloon. A Lodge in February, 1896, leased a store-room in a building it owned, and which was known as the Odd Fellows' building, to a brother for a saloon. The brother at the time was engaged in that business, and had been for four years next preceding that time, and had been a member of the Order for eight years prior thereto, and was such at the time. The brother, therefore, was a member of the Order and, also, enffaged in the saloon business on September 18th, 1895, »when the Sovereign Grand Lodge amended Article XVI of its Constitution, and provided that no saloonkeeper or bar- tender shall be eligible to membership in this Order. The Lodge, in leasing the store to the brother, did not violate Kl 29 L 450 Location of Lodge— Lottery. any law of Odd Fellowship. — Lurry vs. Vacaville Lodge, 1896 Journal, 522, 557. (See Odd Fellows' Hall Association.) 1715. Prohibition of their sale is a political question. The question of the sale or the prohibition of the sale of intoxi- .j^ating liquors is purely and simply a political one, when sought to be controlled or regulated by legislation, and it is, therefore, one banished by our laws without our councils. No such question can properly be considered in a Lodge- room of our Order, and therefore no communication to the legislature from the Lodge, under its seal or otherwise, should be sent. This does not prohibit nor interfere with the right of each member of a Lodge, as an individual, to sign any petition he may desire upon the subject mentioned. —1878 Journal, 820, 928, 965. (See Offenses.) LOCATION OF LODGE. 1716. How changed. The location of a Lodge cannot be changed without the consent of the Grand Lodge or dispen- sation from the Grand Master. To remove from one hall to another in the same town or city, dispensation or consent unnecessary; but to remove to another town or city, per- mission is needed. — 1861 Journal, 146; Grand Lodge Con- stitution, Art. IV, Sec. 1 ; 1895 Journal, 32, 122, 163. (See Dispensations.) LOTTERY. 1717. Lotteries prohibited. No Lodge or other organiza- tion of this Order in this jurisdiction shall ever get up, engage in, or be in any manner interested in any lottery or gift enterprise, or receive any emolument or benefit there- from.— 1871 Journal, 444, 471. 1718. Name of Order, etc., to aid lottery, prohibited. Any member using the name of the Order, or of any Lodge, Odd Fellows' Hall, Library, Cemetery or other association of J Manchester Unity — Mandamus. 451 this Order, for the purpose of aiding in or in any manner furthering the interest of any lottery or gift enterprise scheme, shall be deemed guilty of conduct unbecoming an Odd Fellow, and, upon due trial and conviction thereof, shall be expelled from the Order.— 1871 Journal, 444, 471. 1719. Raffles. It is unlawful and contrary to the laws of Odd Fellowship to sell tickets for or hold raffles in Lodges. — 1897 Journal, 851, 852, 994, 1034. 1720. Lodges and schemes of hazard and chance. No Lodge or any of the members thereof shall, in the name of the Order, resort to any schemes of hazard or chance of any kind as a means to raise funds for any purpose of relief or assistance to the Lodge or to individual members. — 1866 S. G. L. Journal, 3953, 3987. 1721. Raffles unlawful. It is unlawful for a Lodge to hold a raffle, either at open meeting, closed meeting, or at any meeting whatsoever of the Lodge, either in the Lodge-room or ante-room or in any connection therewith. A Lodge openly violating this law is guilty of insubordination and is liable to lose its charter.— 1898 Journal, 11, 12, 221, 240. MANCHESTER UNITY. 1722. Admission to our Order. Persons belonging to the Manchester Unity may be admitted to our Order by initia- tion.— 1857 Journal, 273 ; 1864 Journal, 505. Note. — There is no communion between the Manchester Unity oi Odd Fellows and our Order. There is no apjeement or recog- nition for intervisitation between the two Orders. Members of tho Independent Order of Odd Fel- lows may unite with any lawful society or association whatever without severing their connection with the Order— (1847, 1^2, 1879 S. G. L. Journal, 1070, 1074, 8839, 9021, 9101, 8078, 8174). MANDAMUS. 1723. Grand Lodge cannot issue. The Grand Lodge has no authority to issue an alternative Writ of Mandate upon a petition of a brother asking that a Subordinate Lodge be required to pay certain benefits to a brother, or show cause 452 Membership. why it should not be compelled so to do. — Gunther vs. Har- mony Lodge, 1887 Journal, 891, 904. MARRIAGE. (See Widow; Orphans.) MEMBERSHIP. 1. Qualifications for, page 452. 2. Application for, page 469. 3. By initiation, page 474. 4. Transfer of membership by card, page 478. 5. By deposit of card or certificate, or as Ancient Odd Fellow, page 488. 6. Reinstatement and readmission, page 493. 7. Non-contributing and non-beneficial members, page 501. 8. Miscellaneous, page 505. 9. Membership of Grand Lodge. (See Grand Lodge, Business of Grand Lodge, Representatives.) 10. Membership of Degree Lodge. (See Degree Lodge.) 11. Membership of Rebekah Lodges and Assembly. (See Rebekah Branch.) 1. QUALIFICATIONS FOR. 1724. Race, age, health, character, habits, means of sup- port, belief, and residence. Every applicant for initiation must be a free white male of the age of twenty-one years; of sound health; of good moral character and industrious habits, having some known respectable means of support; must believe in the existence of a Supreme Being, the Creator and Preserver of the Universe, and be proposed in the Lodge nearest his residence, except that Lodge grant permission for his joining another Lodge; provided^ that application for membership may be made to any Lodge nearest the residence of the applicant, in the same county or district. A candidate may be admitted in any Lodge in the city or village in which he resides; but all candidates Mkmbership. 453 for initiation must reside in this jurisdiction, except such candidates as may apply from other States or Territories where there is no Grand Lodge or District Deputy Grand Sire located. — Constitution Subordinates, Art. II, Sec. 1. 1725. Saloonkeeper, bartender and professional gambler. No saloonkeeper, bartender or professional gambler shall be eligible to membership in this Order. — Constitution Subordi- nates, Art. II, Sec. 6; Constitution Sovereign Grand Lodge, Art. XVI, Sec. 5. 1726. Article XVI, Sec. 5, not retroactive — Resuming business. The fifth section of Article XVI, Constitution of the Sovereign Grand Lodge, which went into effect Septem- ber 18, 1895, takes from a saloonkeeper or barkeeper in the Order no rights they were enjoying at the time of its adop- tion so long as they continue to use them. Should they at any time give up the business they cannot resume it, as that would be an overt act, for which they would be liable to charges.— 1896 S. G. L. Journal, 14681, 14948, 15019. 1727. Saloonkeeper prior to September 18, 1895. A brother who is a saloonkeeper, but became such prior to September 18, 1895, is entitled to all the benefits and privi- leges of the Order, and, if otherwise qualified, is eligible to be elected Vice-Grand.— 1901 Journal, 408, 551, 562. 1728. Saloonkeeper or barkeeper since September 18, 1895. Under Section 5 of Article XVI, Constitution of Sovereign Grand Lodge, a brother is liable to charges who, not being a saloonkeeper or bartender at the time that section was passed, has since engaged in it. — 1896 S. G. L. Journal, 14679, 14948, 15019, 15043. 1729. A saloon connected with business. A person con- ducting a bu.siness that has a saloon connected with it, in any shape, manner or form, is not now eligible to admission into the Order.— 1896 Journal, 412, 581, 628. 1729A. Saloonkeeper — Bartender. A saloonkeeper is the owner of tin- li(|unF- husiiicss. A barkeeper is an employe 454 Membership. employed in such business. — 1898 S. G. L. Journal, 15802, 16134, 16154, 16155. 1730. Partner in saloon and cigar business. A person who is one of the partners in a saloon business, but who personally attends to a cigar business conducted in connec- tion with such saloon, nevertheless is a saloonkeeper and not eligible to membership in the Order. — 1901 Journal, 408, 551, 562. 1731. Saloonkeeper, barkeeper and public officer. Prior to September 18th, 1895, a brother owned a saloon business, which he has conducted continuously since then. A part of the time he held a public office, but did not abandon or go out of the saloon business. He has employed a barkeeper at all times, but occasionally relieved him during meal hours. He is not amenable to the liquor law of 1895. The law is not retroactive. He is in the business of keeping a saloon, and does not follow and is not engaged in the occupation of a barkeeper. The greater includes the less, and temporarily tending bar in his own saloon does not make him a bar- keeper as contemplated by the law of the Order. — 1901 Jour- nal, 409, 551, 562. 1732. Chief clerk in packing-house. A clerk in a pack- ing-house, selling whisky in packages of not less than half a pint, not to be drunk on the premises, is not a saloonkeeper. To constitute a saloonkeeper, there must not only be the selling in small quantities, but also the drinking on the premises where sold.— 1903 S. G. L. Journal, 19, 284, 314. 1733. Agent selling beer by the keg. An agent of a wholesale beer company who sells to dealers beer by the keg is eligible to membership in the Order. — 1903 S. G. L. Journal, 21, 284, 314. 1734. Beer garden — Drinks and liquors to guests. A person is employed in a beer garden. The building is divided into two parts. In one part is a saloon. In the adjoining part there are tables and chairs and a small stage, where certain actors and performers play their parts in the Membership. 465 presence of the audience. He does not go behind the bar to wait upon customers at the bar, but goes to the front of the bar and carries drinks and liquors of all kinds from the bar to customers in the opera part of the beer garden, and the establishment is not a restaurant nor a hotel. He is a bar- tender.— 1904 S. G. L. Journal, 541, 752, 820. 1735. Hotel keeper. A hotel keeper is not a saloon keeper. If he have a bar and tends it, he is a bartender and as such is excluded from membership. — 1896 S. G. L. Jour- nal, 14682, 14948, 15019. 1736. Manager of a hotel. A person who is manager of a hotel in which a bar is maintained is eligible for member- ship, unless he tends the bar; if he does tend it, then he is ineligible.— 1898 Journal, 264, 280, 12. 1737. Hotel keeper — Name of hotel. When a person runs a hotel, but does not tend the bar himself, the license being taken out in the name of the "Vail Hotel,' which is the person's name, he is a saloonkeeper. — 1901 S. G. L. Jour- nal, 362, 364, 372, 373. 1738. Bar in a summer hotel. The proprietor or manager of a l)ar in a summer hotel is a saloonkeeper, and he is a bartender if he attends to the bar himself. If he should in good faith lease or rent out the bar privilege to another and should retain no interest or control in it, he would not be a saloonkeeper.— 1904 S. G. L. Journal, 525, 752, 820. 1739. Hotel and restaurant liquor license. The proprie- tor of a hotel, which holds a restaurant liquor license, in which intoxicating liquors are not sold by the drink, is eligible to membership in our Order. — 1905 Journal, 743, 922, 936. 1740. A tavemkeeper. A tavernkeeper is not necessarily- excluded from membership. If he has a bar in his house and tends to it, he is a bartender, and as such excluded. — 1896 S. G. L. Journal, 14687, 14948, 15019. 456 Membkkship. 1741. Grocerjonan and bar or saloon. A groceryman who has a bar or saloon with his grocery business for the selling of liquor over the bar is not eligible to membership in the Order.— 1898 Journal, 56, 220, 240. 1742. One who works in grocery and attends bar. An applicant for membership who works or is employed in a grocery, and a part of whose duties is to attend to a bar attached to the grocery, or who as a minor part of his duties sells liquors over the bar, is not eligible to membership. — 1901 Journal, 424, 540, 562 ; 1900 Journal, 25, 213, 214, 232. 1743. Grocer sells liquor not to be drunk on premises. A brother in the grocery business or his son as clerk, who is also an Odd Fellow, may keep and sell liquor in bottles (not to be drunk on the premises), provided they do not keep a bar or sideboard. And one in such business, if other- wise eligible, may be admitted to membership in a Lodge. — 1901 S. G. L. Journal, 30, 388, 413. 1744. Restaurant or eating house keeper. A person con- ducting a restaurant or eating house under a restaurant license, and not selling intoxicating liquors by the drink, is eligible to membership in the Order. — 1902 Journal, 750, 903, 939. 1745. Drummer or traveling salesman. A drummer or traveling salesman for a wholesale liquor house is eligible to membership in the Order— 1902 Journal, 750, 903, 939. 1746. Agent of brewery. The agent of a brewery, but not a dispenser of beer or liquor over a bar or in a saloon, is eligible to membership.— 1901 S. G. L. Journal, 362, 364, 372, 373. 1747. Manager of wholesale liquor establishment. A manager of a wholesale liquor establishment is eligible to membership.— 1899 S. G. L. Journal, 39, 365, 394. 1748. Wholesale liquor dealer. A man engaged in selling liquor at wholesale, and not retail, is eligible to membership in the Order.— 1899 Journal, 468, 631, 675. Membership. 457 1749. Druggist. A drug:o:ist is riot a saloonkeeper, though he sell liquor for other than mechanical, chemical and medi- cinal purposes.— 1896 S. G. L. Journal, 14685, 14948, 15019. 1750. Druggist and liquor bar. Should a person keeping a drug store, open a bar and sell liquor over it to be drank on the premises, he would become a saloonkeeper as well, and should he attend the bar as well as his drug store, he would become a bartender and inadmissible to the Order. — 1896 S. G. L. Journal, 14685, 14948, 15019. 1751. Waiters in restaurant or hotel. The S. G. L. con- stitutional amendment, Section 5, Article XVI, does not ex- clude from membership a waiter in a restaurant or hotel where there is no bar.— 1896 S. G. L. Journal, 14686, 14940, 15019. 1752. Waiters in hotels. Waiters in the dining-room of a hotel who serve meals to guests, and with them wine or other liquors called for only, cannot be classed as bar- tenders.- 1896 S. G. L. Journal, 14686, 14948, 15019. 1753. Winery in connection with farm. One who con- ducts a small winery in connection with his farm, but does not sell wine by the drink or at retail, is eligible to member- ship.— 1901 Journal, 409, 551, 562. 1754. Stockholder in corporation and the saloon busi- ness. A brother who is a stockholder in a corporation that owns and conducts a general merchandise business in con- nection with a saloon business, but who does not attend to the saloon business as manager or barkeeper, is not a saloon- keeper nor barkeeper within the meaning of the liquor law of 1895.— 1901 Journal, 408, 551, 562. 1755. Stockholder in hotel corporation. The ownership of shares of the stock in a hotel corporation, in which hotel there is a bar owned and conducted by the hotel, does not constitute the owner a saloonkeeper. — 1902 S. G. L. Journal, 533, 958, 970. 45»S Mkmbership. 1756. A Lodge violating the law — Liquor business. A Lodge that has a member who has, in violation of law, gone into the saloon business or tends bar, and refuses to take action against him, subjects its charter to cancellation. — 1899 Journal, 467, 631, 675. 1757. When a barkeeper who has taken a Withdrawal Card may become a member again. A brother who was a member of a Lodge and a barkeeper when the amendment to Section 5, Article XVI, Constitution of Sovereign Grand Lodge, went into effect (September 18th, 1895), takes a Withdrawal Card therefrom, continues in the occupation of a barkeeper, and within a year from the issuance of the card deposits it with another Lodge and applies for mem- bership therein, the Lodge can admit him to membership. — 1897 S. G. L. Journal, 15157, 15534, 15584, 15613. 1758. When a barkeeper who has taken a Withdrawal Card is ineligible. A brother who had gone into the business of tending bar since the passage of the law by the Sover- eign Grand Lodge declaring professional gamblers and saloonkeepers ineligible to membership in the Order, took a Withdrawal Card from his own Lodge, presented it to another Lodge, and asked that he be admitted to membership thereon. As the brother was liable to charges in his own Lodge, and if found guilty, to expulsion, he was ineligible to membership in the Lodge. — 1898 Journal, 53, 220, 240. 1759. Saloonkeepers — Cards — Defunct Lodges. Holders of a Grand Lodge Card as members of a defunct Lodge, if saloonkeepers or bartenders, cannot be admitted to mem- bership.— 1896 S. G. L. Journal, 14683, 14948, 15019. But a member of the Order who was such member at the time of the adoption of Section 5, Article XVI, Constitution Sover- eign Grand Lodge, and who at that time was and ever since has continued to be a saloonkeeper, loses no rights because of his occupation. If his Lodge in which he is in good standing becomes defunct he is entitled to a Withdrawal Card from the Grand Lodge in all respects the same as any other member and is eligible to membership and may join Membership. 459 another Lodge.— 1902 S. G. L. Journal, 534, 992, 1006 ; 1903 S. G. L. Journal, 22, 284, 314. 1760. Reinstatement and liquor business. A member who was engaged in the saloon business prior to September 18th, 1895, and continuing in the business, having been sus- pended for non-payment of dues, can be reinstated. — 1900 Journal, 26, 180, 230; 1896 S. G. L. Journal, 14681, 14948, 15019; 1903 S. G. L. Journal, 21, 321, 341. 1761. Saloonkeeper — Dismissal Certificate. The holder of a Dismissal Certificate who has been a saloonkeeper con- tinuously from a period prior to the enactment of Section 5, Article XVI, is not eligible to membership in the Order. — 1901 S. G. L. Journal, 31, 360, 371, 372, 388. 1762. Resigning membership — Saloon business. A brother resigning membership and engaging in the saloon business, who subsequently retires from such business and seeks mem- bership in his former Lodge as an Ancient Odd Fellow, may be received or rejected as the Lodge may determine. — 1904 S. G. L. Journal, 523, 757, 845. 1763. Ancient Odd Fellow — Saloonkeeper. An Ancient Odd Fellow who has been a saloonkeeper continuously from a period prior to the adoption of Article XVI, Section 5, Constitution Sovereign Grand Lodge, to the present time, cannot now be lawfully admitted to membership in a Lodge. —1902 S. G. L. Journal, 534, 978, 1002. 1764. Saloonkeeper — Transfer of membership. A mem- ber may change his membership from one Lodge to another by transfer of membership by card, although in the saloon business, without subjecting himself to any disability under Article XVI, Section 5, Constitution Sovereign Grand Lodge. —1896 S. G. L. Journal, 14687, 14948, 15019. 1765. Poolroom — Professional gambler. A man regu- larly engaged in a poolroom where pools are sold on races, earning his living by acting as cashier or performing other duties incident to carrying on the business of a poolroom, is 460 Membehship. a professional gambler and is ineligible to membership in the Order.— 1901 S. G. L. Journal, 31, 387, 413. 1766. Business — Keeper of gambling-house. To keep a gambling-house is a violation of the criminal code of the State, and any business carried on in violation of the laws of the State is not a "reputable business" within the mean- ing of our laws defining the qualifications for membership. — 1868 Journal, 414, 527. 1767. Engaged in gambling-house or criminal business. A person engaged in keeping a gambling-house or engaged therein, or in any other business in violation of the criminal laws of the State, does not come within the constitutional qualification and is not eligible for membership. — 1895 Jour- nal, 22, 223, 241, 243, 253. 1768. Free white males. The words "free white males" in the United States are ordinarily understood and used to mean and intend persons of the Caucasian race. Half-breeds, or males of mixed blood, though recognized by the laws of the land as citizens and voters, and Indians, and Mexicans who are part Indian, are not eligible to membership. — 1883 Journal, 1002, 1150, 1175. 1769. Half-breed and white. A man whose mother is a half-breed Indian and his father a white man, is not eligible to membership in a Lodge. — 1889 Journal, 28, 122, 163. 1770. Indian blood. A person who has any trace what- ever of Indian blood in his veins is not eligible to member- ship in the Order.— 1896 Journal, 413, 588, 629. 1771. Mexicans. The son of a white man by a Mexican woman is eligible if she be a Caucasian woman. The descendants of the Aztecs are not white, and consequently not eligible.— 1883 S. G. L. Journal, 9160, 9324, 9442. 1772. A person of Mexican parentage. An applicant for membership in the Order of Mexican parentage is eligible to membership if descended from the Spanish, but not if descended from the Indian.— 1902 Journal, 750, 900, 917. Membership. 461 1773. Race. An applicant whose father is a white Cali- fornian, and whose mother is French, and whose character is beyond reproach, is eligible for membership. — 1886 Jour- nal, 534, 620, 646. Note. — Chinese, Polynesians mixed foreign and Japanese par- and Japanese are not eligible — entage are not eligible — 1901S. G. 1858-1889 S. G. L. Journal, 2948, L. Journal, 24, 3G0, 371, 372. 2973, 11736, 11788). Persons of 1774. A convicted person who is pardoned. A person convicted of felony, sentenced to State's prison and after- wards pardoned, and has lived an honest life for fifteen years, is eligible to membership. The Lodge must be its own judge of the worthiness of applicants. — 1905 Journal, 744, 922, 936. 1775. Applicant under age. A Lodge may receive an application from, but cannot initiate, a candidate under the age of twenty-one years.— 1903 S. G. L. Journal, 25, 284, 314. 1776. Age. There is no maximum limit as to age which debars an adult from becoming a member of the Order. He must be a free white male of the age of twenty-one years and upwards.— 1881 Journal, 500, 601, 627; 1896 Journal, 411, 581, 628. 1777. Authority of Lodge — Age limit. Under the laws of our Order there can be no maximum age limit established by Subordinate Lodges for eligibility to membership. — 1904 Journal, 513, 515, 536, 537. 1778. Health and morals of applicant. It is just as important that a candidate should be sound in health as it is that he should be sound in morals, and it is the duty of the committee to investigate both. — 1873 Journal, 782, 900, 901. 1779. Health. Good faith to the Order requires a Lodge to satisfy itself that a person applying for admission is in good health, and sound in body and mind. — 1889 Journal, 28, 122, 163. 1780. Certificate of good health of applicant. A Lodge has a right to make By-Laws requiring from an applicant 402 Membekship. for admission by initiation a physician's certificate of good health, and has, as an incidental power, the right to demand any character of evidence that will satisfy its members as to the good health of all applicants for membership. — 1873 Journal, 895, 901. 1781. Form of doctor's certificate. The Grand Lodge has prescribed a form of physician's certificate of examina- tion of candidates for membership. It is not compulsory upon Lodges to provide in their By-Laws that applicants for membership shall furnish a physicianis certificate. (See Form No. 19 of the Forms affixed to this Digest.)— 1888 Journal, 1119, 1152. 1782. The same — The physician's certificate. The form prescribed by the Grand Lodge must be used, if any; but a Subordinate Lodge may add to the form prescribed by the Grand Lodge any questions which it may deem advisable in regard to the physical condition of the applicant. — 1895 Journal, 185, 228, 54. 1783. When physician's certificate may be required. A Lodge has the right to require a physician's certificate even if the By-Laws be silent.— 1891 Journal, 586, 686, 715. 1784. Physician's certificate after favorable ballot. A Lodge whose By-Laws require a physician's certificate to accompany all applicants for membership can require such certificate of an applicant for membership after favorable ballot, and before initiation, where, owing to a mistake, such a certificate did not accompany the application. — 1897 Journal, 1033, 1034, 1055. 1785. Physician's certificate as to health. There is no law of the Order compelling Lodges to require candidates for membership to furnish a physician's certificate of health, but Lodges have the right to provide that such certificates shall be given by an applicant for membership either by initiation, by reinstatement or otherwise. When said certifi- cate is required, it must be in the form prescribed by the Grand Lodge. The certificate of any physician is a compli- Membership. 463 ance with the law, unless the By-Laws of the Lodge provide otherwise.— 1889 Journal, 34, 122, 163. 1786. Religious belief. Where an applicant for member- ship states that "he w^ould not say that he believed in a Supreme Being, but he believed in one Overruling Power, but not in a Personal God," he is not entitled to be admitted as a member of this Order and the Outside Conductor should not report to the Lodge that satisfactory answers have been made to the questions, when such an answer as above quoted has been given. The answers given to the several interroga- tories by a candidate for admission must be without reserva- tion.— 1883 Journal, 1150. 1175. XoTE. — No peculiarities of re- Belief in a Supreme Being is es- ligious belief or practices are sential — an atheist is therefore requisite to admission into the disqualified — (1875 S. G. L. Jour- Order, and none disqualify— ( 1848 nal, 6619, 6692). S. G. L. Journal, 1198, 1240). 1787. Knowledge of the language. A candidate who cannot understand the English language is nevertheless eligible for initiation into a Lodge working in that language. But those who do not understand the English language should join Lodges working in the language which they know.— 1877 Journal, 581, 673, 697. 1788. Reading and writing. Lodges are not prohibited from initiating persons into the Order who cannot read and write.— 1858 Journal, 383. 1789. Deaf, dumb and blind. Lodges may do as they think proper about admitting to membership persons who have been deprived of a limb; but the totally deaf, dumb and blind should not be admitted. — 1859 Journal, 530. 1790. Loss of right arm. The question of the eligibility for membership in the Order, by initiation, of a person who has lost his right arm is wholly at the disposal of the Sub- ordinate Lodge to which admission is asked. — 1881 Journal, 502. 601, 627. 464 Membership. 1791. Having only one eye. A person with only one eye is eligible to membership in the Order, if he be otherwise in good health.— 1897 Journal, 806, 1030, 1054. Note. — A person whose phys- eases of partial deformity, rests ical deformity prevents a com- especially with the Subordinate plianee Avith the requirements and Lodge to which admission is asked laws of the Order should not be — (18G4 S. G. L. Journal, 3621. initiated into it. However, the 3(589, 3707). decision of the question in special 1792. Lodge must have its own committee report on qualifications. The members of a Lodge are the proper and only judges of the qualifications of persons applying for admittance into their Lodge, and can only learn these qual- ifications in a legal way through the report of a committee from among their own members. No Lodge would be justi- fied in admitting persons into the Order upon the report of another Lodge.— 1873 Journal, 889, 896. 1793. Qualifications may be discussed, when. Lodges may allow a discussion upon the character and fitness of an applicant for membership, or the propriety of his admission into the Order, after the proposition has been read and before reference to the committee, as well as after the com- mittee have made their report. — 1859 Journal, 513; 1861 Journal, 127, 176, 177. 1794. Discussion of character, fitness and qualifications of candidate — Duty of secrecy. The members of a Lodge have a perfect right to discuss the character, fitness and qualifications of an applicant for membership, and the nature of such discussion and statements of the members at that time should not under any circumstances be revealed to the applicant. A brother who does so violates his obligation. — 1901 Journal, 410, 551, 562. 1795. Constitution prescribes the only qualification — Residence. The only qualifications for membership in a Subordinate Lodge are those prescribed by the Constitution of the Sovereign Grand Lodge and the Constitution of Sub- ordinates, and it is not competent for a Subordinate Lodge Membership. 465 to add the additional qualification of residence for at least six months in the vicinity of the Lodge. — 1884 Journal, 13, 21, 116, 153 ; 1885 Journal, 361, 382, 418. 1796. The same — Ability to read and write. For the same reasons, a Lodge cannot prescribe in its By-Laws the qualification that candidates for admission shall be able to read any clause in its Constitution and By-Laws, and also to write their names. — 1884 Journal, 13, 21, 116, 153. 1797. A citizen of one State initiated in another. A citizen of California cannot be lawfully initiated into a Sub- ordinate Lodge in any other State, without the previous consent of the Grand Master or the Grand Lodge where such citizen is a resident. — 1853 Journal, 36, 42; Constitu- tion S. G. L. Journal, Art. XVI, Sec. 3. 1798. Resident of adjoining State. In order for a resi- dent of an adjoining State to become a member of a Lodge in this State, a dispensation from the Grand Master of the State of which the applicant is a resident must be obtained. —1891 Journal, 585, 690. 1799. Deposit of card in Lodge that granted it — Non- resident. A brother holding an unexpired Withdrawal Card may regain membership in the Lodge granting the same by presenting his proposition in regular form for membership by deposit of card. The holder of an unexpired Withdrawal Card issued by a Lodge in this jurisdiction cannot regain his membership in such Lodge by deposit of card if at the time he makes application he is not a resident of this juris- diction, unless he obtains the consent of the Grand Master of the State where he then resides, and he is otherwise qualified according to the requirements of Section 623 of White's Digest, edition of 1895. (Section 915 of Busbee's Dipest is the same as Section 623 of White's Digest.)— 1901 Journal, 408, 568, 586. 1800. United States soldier stationed at Manila. A brother and soldier in the United States Army, stationed at 30 466 Mkmbehship. Manila, who holds a Withdrawal Card issued by a Lodge in the jurisdiction of Texas, cannot become a member of a Lodge in this jurisdiction by deposit of card, by sending his proposition and Withdrawal Card by mail, together with a physician's certificate, as required by the By-Laws of the Lodge, and also a duly executed power of attorney to a brother of such Lodge to sign the Constitution and By-Laws for him, if elected. He must be present in person to be introduced and sign the Constitution and By-Laws. — 1901 Journal, 409, 557, 562. " 1801. Bona fide resident eligible. An applicant for admission is not required to have resided in the State, or in a town, or in a certain place, for any specified time, or any definite time. It is only necessary that he be a bona fide resident.— 1877 Journal, 582, 675, 697; 1888 Journal, 1024, 1111, 1130; 1897 Journal, 842, 994, 1034. 1802. What is a sufiicient residence. The laws of the various States and municipalities, in consequence of the diversity of their provisions, would not, as a general rule, be a proper guide in determining the question of residence of applicants for membership ; but Lodges must be governed in this respect by such considerations as would prevail in ordinary business, or social relations ; and that the presence of such person was not owing to the pursuit of a merely temporary object.— 1852 S. G. L. Journal, 1840, 1897, 1952. 1803. By-Laws cannot require a certain period of resi- dence. The By-Law of a Lodge which provides that an applicant for membership must be a resident of the county for six months is void, as it contravenes Section 1, Article II, of the Constitution of Subordinates. If he be a bona fide resident of the county or district, at the time of making his application, he is eligible.— 1881 Journal, 500, 601, 627. 1804. The same. A By-Law requiring an applicant for membership to be a resident of the jurisdiction six months before making application is illegal and void. — 1889 Jour- nal, 31, 122, 163. Membership 467 1805. Residence in city or village. An applicant may be admitted to any Lodge in the city or village in which he resides. In other cases he should apply to the Lodge nearest his residence, or to the one nearest his residence in his own county or district, unless he obtain the consent of all the Lodges nearer his residence than the one he proposes to join.— 1882 Journal, 737, 738, 844, 879 ; 1878 Journal, 817, 928, 965 ; 1879 Journal, 32, 107. 1806. Residence in county or district. Where a candidate lives in the county or district where the Lodge to which he applies for membership is situated, but lives nearer to another Lodge which is situated in another county or dis- trict, the consent of such other Lodge to the candidate's application is not required. — 1887 Journal, 768, 772, 875, 888; 1905 Journal, 745, 932, 948. 1807. Residing nearer another Lodge. A Lodge has no right to initiate a candidate residing nearer another Lodge, without the permission of such Lodge. — 1877 Journal, 581, 675, 679. 1808. The same. An application foi' membership by deposit of card cannot be entertained if made by any one who resides nearer another Lodge, unless that other Lodge consent or a dispensation be granted. — 1889 Journal, 31, 122, 163. (Errata.) 1809. The same. A member of the Order having resigned therefrom, desiring to join a Lodge remote from his resi- dence, must obtain the consent of the Lodge nearest his residence, or obtain a dispensation from the Grand Master. Section 5, Article II, of the Constitution, applies to all appli- cants for membership.— 1889 Journal, 34, 122, 163. 1810. Residence, distance how computed. In ascertain- ing whether or not a person resides nearer one Lodge than another, and who wishes to join the Order, distance is to be computed by the shortest route which is traveled in going from his residence to the respective Lodges. — 1896 Journal, 414, 581, 628. 468 Membership. 1811. Residence in another Lodge jurisdiction — Return of fee. A Lodge admitting a member who resides in the jurisdiction of another Lodge without the permission of the latter Lodge, must return the fees (initiation and degrees), when demanded by the Lodge from whose jurisdiction the member was taken. This law applies to a charter member as well as any other member. The fee demanded is the fee of the Lodge near the residence of the member. — 1897 Journal, 808, 994, 1034. 1812. Investigating Committee and residence. It is one of the duties of the Investigating Committee to learn the residence of an applicant for membership, so that the rights of the different Lodges be not abused. — 1897 Journal, 808, 994, 1034. 1813. Members of hostile societies. All Lodges have the right to reject such applicants as they regard unworthy, and it is their own fault if persons holding membership in or connected with any society or association by the obligations or requirement of which the secrets of our Order may be endangered, gain admission. — 1854 S. G. L. Journal, 2249, 2266, 2327. 1814. Signing the Constitution necessary — Rights — Dues. A candidate does not become a member of a Lodge until he signs the Constitution. Dues should not be charged against him until he signs the Constitution, and until he so signs he is not entitled to any of the rights, privileges or benefits of the Order.— 1901 Journal, 410, 557, 562. 1815. Brother cannot delegate another to sign the Consti- tution for him. A brother cannot, at the request of a person elected to become a member of a Lodge by initiation or otherwise, in his absence, and without an introduction to the Lodge, sign the Constitution for the party elected, so as to constitute him a member of the Lodge. — 1883 Journal, 1002, 1150, 1175. (See Manchester Unity.) Membership. 4S9 2. APPLICATIONS FOR. 1816. Petition necessary. Membership can only be at- tained in a Lodge by petition and election; and no other Lodge has a right to admit a person and give the password (even though requested to do so by another Lodge), except the one in which the application shall have been acted upon. —I860 Journal, 10, 86. Note.— A Subordinate Lodge nal, 12353, 12632, 12701). But cannot legally call a special meet- see when Grand Master present ing for the purpose of receiving at a special meeting may issue propositions for membership and dispensation to receive proposi- appointing committee on charac- tion, etc. — (Sections 1842, 1189, ter thereon— (1891 S. G. L. Jour- 1190 of this Digest). 1817. Proposing applicant. A member of one Lodge can- not propose in another Lodge an applicant for membership in such Lodge.— 1902 Journal, 749, 900, 917. 1818. Consent of Lodge nearest residence necessary — Procedure in such cases. When an application for member- ship is received from a person residing nearer to another Lodge than the one to which the application is made, the Lodge receiving such application shall communicate the fact to the Lodge nearest the residence of such applicant, and shall inquire whether such person is a fit and proper person to be admitted into our Order, and if in the same county and district, shall also ask the consent of such Lodge to receive and act upon such application; and it shall take no further action upon such application until an answer is received to such communication. The Lodge receiving such communication shall appoint a committee of three to investi- gate the character, standing and health of the petitioner, in the same manner as if the application were made directly to such Lodge. Such committee shall report at the next regular meeting of the Lodge, and a certified copy of the report, together with a certified copy of the minutes showing the action of the Lodge upon the request for consent to receive and act upon the application (if such consent were necessary) shall be forthwith forwarded to the Lodge in which such application is filed, and said last named Lodge may then proceed upon such application as in other cases, 470 Membership. except, that if it be a case where the consent of the other Lodge is necessary, and that consent be refused, the peti- tioner's money (if any has been paid) shall be returned, and no further action shall be had in the premises. — Consti- tution Subordinates, Art. II, Sec. 5. 1819. To what Lodge petition should be presented. It is the duty of an applicant for membership to apply to the Lodge nearest to his place of residence, or he may to the one nearest his residence in his own county or district. — 1864 Journal, 439, 555 ; Constitution Subordinates, Art. II, Sec. 1. 1820. Same subject — Question of residence. If a peti- tion for membership by initiation has been received, and referred to a Committee of Investigation, and said com- mittee have reported that the applicant resides nearer another Lodge, and that the Lodge has not jurisdiction, the Lodge can, by motion and vote, return the petition to the applicant, or a motion may first be made that leave be granted to the applicant to withdraw his petition. — 1865 Journal, 60, 77. 1821. Decision of nearest Lodge final. Under Section 5, Article II, of Constitution of Subordinates, the refusal of a Lodge nearest the residence of an applicant for membership to allow another Lodge to initiate him, is final and conclusive so far as the two Lodges are concerned. — 1888 Journal, 1020, nil, 1130. 1822. Withdrawal Card. Any brother may deposit a Withdrawal Card, and the Lodge wherein the same is depos- ited receive him without asking permission of the Lodge granting said Withdrawal Card, provided he resides within the jurisdiction of the Lodge which he proposes to join. And, also, provided, if the Lodge granting the Withdrawal Card is the nearest Lodge to the residence of the candidate, then the said Lodge must be notified as provided by Section 5, Article II, of the Constitution of Subordinate Lodges. — 1898 Journal, 12, 222, 240. 1823. Consent to join Lodge outside of city. Where a city has four Lodges, all meeting in the same building, and a Membership. 471 resident of the city applies for admission, by initiation, to a Lodge outside of the city, it is only necessary to ask the consent to receive and act upon such application of one of the city Lodges, as each has jurisdiction over the territory within the city.— 1905 Journal, 743, 932, 948. 1824. Failure to act on request for consent of Lodge. When an application for membership is received from a per- son residing nearer to another Lodge within whose jurisdic- tion he is, than the one to which the application is made and the Lodge to which the application is made requests the consent of the other Lodge, which fails or neglects to act on the request for consent, this failure or neglect is not consent. Such consent is necessary and with- out such consent the Lodge receiving the application has no right to ballot for or elect or initiate the applicant. — Appeal of Oakland Lodge; 1902 Journal, 927, 944. 1825. Consent necessary and Investigating Committee. In cases in which consent of the Lodge nearer the applicant's residence is necessary to enable another Lodge to act on the application for membership and such Lodge does not give or refuse its consent, such Lodge nearest applicant's residence is not required under Section 5, Article II, Constitution of Subordinates, to appoint a committee of three to investigate the character, standing and health of the applicant. — Appeal of Oakland Lodge, 1902 Journal, 927, 944. 1826. Applicant residing in the county but outside of limits of a city therein. Where applicant for membership in Oakland Lodge, located in Oakland, resided in Fruitvale, which is not an incorporated city or incorporated village, but is a part of the County of Alameda outside of the limits of Oakland, which is a city in the same county, and his resi- dence was nearer Fruitvale Lodge, which is located in Fruit- vale, than to Oakland Lodge, Oakland Lodge had no right to ballot for or elect or initiate the applicant without the con- sent of Fruitvale Lodge. The applicant should have been proposed in Fniitvale Lodge, it being the Lodge nearest his 472 Mkmbership. residence in the county .^Appeal of Oakland Lodge, 1902 Journal, 927, 944. 1827. Lodge must appoint Committee of Investigation. A Lodge must appoint a Committee of Investigation on the petition of a candidate for initiation, even where the Lodge nearest the candidate's residence has given its consent to the candidate's initiation by the other Lodge upon the report of a committee of its own appointment. Where no Committee of Investigation has been appointed by a Lodge, it is proper for the candidate to ask permission to with- draw his application, and the Lodge has a right to grant it. Any action of the Lodge in balloting for the person after his application has been withdrawn, is null and void. — 1873 Journal, 783, 889, 896, 900, 901. 1828. Consent of Lodge nearest residence — Initiation fee. A Lodge in granting permission to another Lodge to receive and act upon a petition of a candidate for initiation who resides within the jurisdiction of the Lodge granting permis- sion, must give or refuse consent without reservation. If a Lodge gives consent, it has no claim for fees. — 1905 Journal, 744, 922, 936, 932, 948. 1829. Vote to refer not necessary. When a petition for membership is presented to a Lodge, it does not require a motion and vote of the Lodge to refer it to a Committee of Investigation.— 1877 Journal, 582, 675, 697. 1830. Petition must not be laid over one year. A Lodge has no right to lay a petition for membership (by initiation) over for one year, even if the Investigating Committee should recommend such action by the Lodge. — 1884 Journal, 112, 131, 154. 1831. Where petition does not contain name of recom- mending brother. Where a petition for membership is duly received, accepted and acted upon, and the candidate rejected, the action of the Lodge is legal, notwithstanding it is discovered, subsequently to the rejection, that the candi- date's petition does not contain the name of the brother recommending him. — 1880 Journal, 259, 359, 375. J \ Membership. 473 1832. Second petition must take same course as first. Where a candidate for membership by card has been once rejected by the Lodge, the candidate may apply again to the same Lodge, and the Lodge has the right to receive the petition and appoint a committee; but an action of the Lodge instructing the committee to report forthwith, and then balloting for and electing the candidate, is illegal. The Lodge should have appointed a Committee of Investigation, who should report at a subsequent meeting. — In re Moke- lumne Lodge, 1866 Journal, 637, 648; 1887 Journal, 769, 896, 904. 1833. Majority of Committee of Investigation must act. If, upon the evening when the Committee of Investigation upon the application of a candidate should report, two mem- bers of the committee be absent and do not sign the report, the Lodge cannot act upon the report of the remaining member of the committee. — 1884 Journal, 13, 14, 116, 153. 1834. Different reports from Investigating Committee. When only two members of a Committee of Investigation on the application of a candidate report, one report favorable and one unfavorable, the candidate cannot be legally bal- loted for on such reports.— 1894 Journal, 605, 731, 771 ; 1890 Journal. 316, 407, 417, 436. 1835. When petition may be withdrawn. An application for membership may be withdrawn without the permission of the Lodge before the report of the committee is read to the Lodge; but after the report of the committee has been read, the candidate must be balloted for. — Constitution Sub- ordinates, Art. Ill, Sec. 6; 1903 Journal, 23, 155, 180. 1836. Withdrawal of application — Unfavorable report. If report of Committee of Investigation is unfavorable, appli- cation cannot be withdrawn after the report is read, and the Lodge must vote on unfavorable report the same as favor- able report of the Committee of Investigation. — Constitution Subordinates, Art. Ill, Sec. 16 ; 1903 Journal, 23, 155, 180. 1837. Penalty for misrepresentations in petition. If any person shall gain admittance to any Lodge ui)on a petition 47-* Membership. containing any false representations, he shall be expelled. — Constitution Subordinates, Art. Ill, Sec. 7. 1838. Form of application for membership. A form has been prescribed by the Sovereign Grand Lodge. It is not mandatory, but has been left to the discretion of the several Grand Lodges.— 1885-1886 S. G. L. Journal, 10148, 10188, 10252, 10487, 10511. 1839. Proposition for membership. The name of a per- son offered for membership, with his age, nativity, residence and occupation, must be proposed by a member in writing, signed by the applicant, with the names of two persons as references attached and entered upon the record. — Constitu- tion Subordinates, Art. Ill, Sec. 1. 1840. Objections to a candidate need not be stated. It is not obligatory upon a member of a Lodge to state his objec- tions against a candidate for initiation to the Investigating Committee.— 1864 Journal, 536, 562. 1841. Report of committee. The report of a committee on a petition for membership must be in writing. — 1897 Jour- nal, 807, 994, 1034. 1842. Special meeting. A Lodge cannot receive a petition for membership, or act on the report of a committee on a petition, and ballot for membership at a special meeting, unless the Grand Master is present at the special meeting and grants a dispensation therefor. After a candidate has been elected at a regular meeting, a special meeting may be called to initiate such a candidate. — 1897 Journal, 808, 1030, 1054 ; Constitution Grand Lodge, Art. IV, Sec. 1. 1843. Special meeting. It is illegal to call a special meeting for the purpose of receiving an application for mem- bership.- 1898 Journal, 65, 220, 240. 3. BY INITIATION. 1844. How proposed — Committee — Ballot. The name of a person offered for membership, with his age, nativity, resi- Membership. 475 dence and occupation, must be proposed by a member, in writing, signed by the applicant, with the names of two per- sons as references attached, and entered upon the record, and forthwith be referred to a committee of three members for investigation, who shall report at the next succeeding regular meeting (unless extraordinary circumstances pre- vent), when the candidate shall be balloted for with ball ballots, and if not more than two black balls appear, he shall be elected ; but if three or more black balls appear, the candi- date shall be declared rejected. — Constitution Subordinates, Art. Ill, Sec. 1. 1845. Persons elected must present themselves for initia- tion within a reasonable time. A person elected to member- ship must present himself for initiation within a reasonable time, or the application shall be deemed to be withdrawn and the fee returned. A person having applied in 1895, and paid the fee then required, but having failed to present himself for initiation, must now apply in regular form and be bal- loted for again — pay the initiation fee now required, although the fee formerly paid was not returned — the Lodge, of course, giving the applicant credit for the amount form- erly paid.— 1898 Journal, 15, 204, 205, 215. 1846. Initiation on Sunday. A person initiated on Sun- day, in violation of the laws of the Sovereign Grand Lodge, and who has not been guilty of fraud or misrepresentation, is as much an Odd Fellow as if elected and initiated at a regular meeting, and the Lodge cannot take advantage of its own wrong and repudiate its action. The brother must be recognized as a member so long as he complies with our laws.— 1873 Journal, 783, 900, 901. Note. — An initiation of an iin- If he have been guilty of fraud or worthy person cannot \ye declared misrepresentation, he must be null and void. He can only i>e tried upon charges and dealt with expelled after proper trial upon accordingly — (1848 S. G. L. Jour charges— (1849 S. G. L. Journal, nal, 1280; 1851 S. G. L. Journal, 1475, 1511). A person who has 1723, 1797; 1853 S. G. L. Journa'., been illegally initiated is never- 2140, 2177 ; 1870 S. G. L. Journal, theless a member of the Order. 4858, 4894). 476 Mkmbkrship. 1847. Initiation at illegal special meeting. A Lodge held a meeting during which the Noble Grand was taken ill, and retired to his home, a short distance away. The Vice-Grand closed the meeting and the Lodge adjourned. After adjournment it was found that a candidate (who had been previously elected) had come to town for initiation. The Vice-Grand and brothers returned to the hall, where the meeting was reopened and the candidate initiated. Although under the By-Laws the Vice-Grand had no right to call a special meeting at that time, as the Noble Grand was not absent from town, yet the candidate was a member of the Order.— 1899 Journal, 443, 650, 677. 1848. After resignation. It is competent for a Lodge to initiate an applicant who has previously held membership in the Order and resigned therefrom in good standing, if he be not able to pass an examination in the work. — 1868 Jour- nal, 489, 502. 1849. Initiation under an assumed name. There is no objection to a Lodge initiating a candidate under an assumed name when such assumed name has been taken for no illegal purpose, but is the name by which the candidate has been known and recognized since his childhood, and, furthermore, is the name which the candidate himself accepts as his true name for all purposes. — 1884 Journal, 20, 116, 153. 1850. Effect of loss of petition. A Lodge can elect and initiate a candidate notwithstanding his petition to become a member is lost after its reception. — 1870 Journal, 267, 293. 1851. Receive petition, elect and initiate same evening. It is not proper for a Lodge to receive the petition of an applicant, elect and initiate him the same night, except by dispensation. — 1857 Journal, 269, 274; Constitution Grand Lodge, Art. IV, Bee. 1. 1852. Proceedings upon rejection. When a candidate for initiation has been rejected, notice thereof shall be sent without delay, to the Grand Secretary, and to all the Lodges in the county and district, and he cannot be proposed again Membership. 477 in any Lodge for the space of one year after such rejection. All other applications for membership may be renewed at any time. — Constitution Subordinates, Art. Ill, Sec. 5. Note. — There is no general law is a matter for local law — (185G of the Order limiting the number S. G. L. Journal, 2560, 2627, of times a candidate can l>e pro- 2664). posed after rejection; the inquiry 1853. Rejected applicant, wrong name, new application. Should a person apply for membership into a Lodge by initiation, and should sign a name to the petition other than his true name, which petition coming on regularly to be con- sidered, and the petitioner rejected, he could not thereafter within one year, apply for membership under another name, the Committee of Investigation and the Lodge knowing that it was one and the same person. — 1896 Journal, 413, 581, 628. 1854. Where member of extinct Lodge unable to prove himself in work of the Order. In case a person who claims to have been a member of a Lodge in another jurisdiction, is unable to prove himself at all in the work of the Order, and is unable to procure, after reasonable effort, any evidence of his having been once a member — the Lodge in which he claims to have had membership being extinct and the records of the Lodge being lost or destroyed — it is competent for a Lodge in this jurisdiction to receive such person as an appli- cant for initiation, such person making truthful answers to the questions propounded before initiation. — 1878 Journal, 818, 928, 965. 1855. Cannot agree to waive benefits. Where a person who is fifty-five years of age, offers himself for membership and who has never been a member, and the Lodge declines to accept him, a Lodge cannot, for the purpose of admitting him, enter into an agreement with him whereby he waives all right to pecuniary benefits, but agrees to pay all dues, etc., as other members. It is illegal. — 1883 Journal, 1003, 1150, 1175. 478 Membership. 4. TRANSFER OF MEMBERSHIP BY CARD. 1856. A member of a Lodge may apply to become a mem- ber of another Lodge without first severing his connection with his own Lodge — No admission fee. A member of the Order entitled to a Withdrawal Card, who upon change of his residence may desire to join this Lodge by deposit of card may make application for admission before severing his connection with his Lodge by sending in his petition setting forth the fact, together with such other matter as is usually contained in petitions for membership. In case of the election of such applicant, the Secretary shall immediately notify the Lodge to which the brother belongs, and w^hen the brother's Withdrawal Card shall have been received by the Secretary of this Lodge he shall be entitled to sign the Constitution and thereby be received in full mem- bership without being required to pay any card or admission fee. A ballot under this section cannot be reconsidered. — Constitution Subordinates, Art. Ill, Sec. 2; 1905 Journal, 935, 936, 958, 965. Note. — The foregoing section of drawal Card at the actual cost the Constitution is based upon of the card to the Lodge, and to the legislation of the Sovereign admission to his new Lodge with- Grand Lodge of 1904 designed to out being required to pay a card provide '*For transfer of member- or admission fee; but where a ship by card," as it is designated physician's certificate is required in the report of the committee he must pay the expense of the which recommended the same, same" — (1904 S. G. L. Journal, and which legislation provides 757-761, 846). The committee's that "a member of the Order en- report contains the following: "It titled to a Withdrawal Card, "may be justly asked 'Why should changing his residence from the "an Odd Fellow who has once vicinity of his own Lodge to the "paid his initiation and degree vicinity of another, and desiring "fees, because of change of resi- to unite with a Lodge at his new "denee be compelled to pay an- place of residence, upon so stating "other admission fee if he wishes in his application for member- "to remain what he has been sol- ship, and being elected by ball "emnly declared to be, one of a ballot, as provided by local law, "great brotherhood?' When once shall be entitled upon notice be- "a man has joined our Order and ing sent to his old Lodge by the "been admitted to its charmed new Lodge to receive a With- "circle, that admittance should, Membership. 479 "as long as he obeys the laws and "to the whole world of Odd Fel- "commands of the Order, be a "lowship" — (1904 S, G. L. Jour- "passport without additional fees nal, 761). 1857. Elected to membership by another Lodge — With- drawal Card. Should this Lodge receive notification that one of its members has been elected to membership by another Lodge, upon application as provided in Section 2 of this Article, this Lodge shall, at the meeting when such notifica- tion is received, grant such brother a Withdrawal Card if he is clear on the books of the Lodge and free from all charges, upon the payment of the actual cost of the card to the Lodge, and the Secretary shall immediately forward the card to the Lodge from which the notification of the brother's election to membership comes. — Constitution Subordinates, Art. Ill, Sec. 2. 1858. Law of transfer of membership by card. The law of the Sovereign Grand Lodge in regard to admission by card on transfer of membership by card (see Sovereign Grand Lodge Journal, 757-761, 845) applies to all brothers within the jurisdiction of the Sovereign Grand Lodge. — 1905 Jour- nal, 744, 932, 948. 1859. Withdrawal Card on transfer of membership — Charges. After a brother has applied and been elected to become a member of a Lodge by deposit of card on transfer of membership, and application has accordingly been made to his Lodge for a Withdrawal Card, and he is free from all charges, the card must be granted. His Lodge in such a case cannot neglect or refuse to grant the card, and charges can- not be subsequently preferred in his Lodge and his Lodge expel him. — Taylor and Lemoore Lodge, 1905 Journal, 766, 931, 948. 1860. Grand Master may direct Lodge to grant With- drawal Card. When a brother has been elected to become a member of a Lodge by deposit .of card on transfer of mem- bership and the Lodge in which he has been elected has asked the brother's Lodge for his Withdrawal Card, which the Lodge refuses to grant, the Grand Master should direct such 480 Membership. Lodge to grant the Withdrawal Card, provided no charges have been filed against the brother before the application for a Withdrawal Card. — Taylor and Lemoore Lodge, 1905 Journal, 766, 931, 948; 1898 S. G. L. Journal, 15750, 16030, 16054; 1903 S. G. L. Journal, 15, 285, 314. 1861. Withdrawal Card— Vote by ball ballot required. After ja. brother has been elected to become a member of a Lodge under said law of 1904 on transfer of membership by card and an application has been accordingly made to his Lodge for a Withdrawal Card and he is free from all charges and all fees and dues have been paid, the Noble Grand and Secretary cannot issue the Withdrawal Card without any formal action of the Lodge. The Withdrawal Card can only be issued by the action and vote of the Lodge and the vote must be by ball ballot. — 1905 S. G. L. Journal, 38, 219, 243. 1862. Application for the Withdrawal Card. After a brother has been elected to become a member of a Lodge under said law of 1904 on transfer of membership by card, the application to the old Lodge for a Withdrawal Card should be made by the brother, but the new Lodge should give notice to the old Lodge of his application for member- ship and election.— 1905 S. G. L. Journal, 47, 219, 243. 1863. The same. The Secretary of the Lodge may apply for such Withdrawal Card at the instance and by the authority of the brother. When application for a With- drawal Card is made by the Secretary of the Lodge to which the brother has been elected, in writing and under the seal of the Lodge, authority from the brother to make such appli- cation shall be ''presumed" in the absence of evidence to the contrary.— 1891 S. G. L. Journal, 12353, 12632, 12701 ; 1899 S. G. L. Journal, 256, 389, 398. 1864. The new law of transfer of membership by card is valid and operative. The new law of the Sovereign Grand Lodge (see 1904 Sovereign Grand Lodge Journal, page 761 ; see also note to Section 1856 of this Digest) providing for transfer of membership by card is a constitutional and bind- r ^ Membership. 481 ing law and went into effect January 1st, 1905, and without any action or notice from Grand Masters. It becomes a law without action of any Grand Lodge. It became oper- ative throughout all jurisdictions January 1st, 1905, and does not require any legislation by any jurisdiction to put its provisions in force.— 1905 S. G. L. Journal, 22, 23, 26, 219, 243, 24, 32, 40. 1865. Dismissal Certificate. The said new law of the Sovereign Grand Lodge of 1904 on transfer of membership by card does not apply to applicants for membership on Dis- missal Certificates, and does not in any way affect the holder of a Dismissal Certificate.— 1905 S. G. L. Journal, 24, 26, 219, 243, 39. 1866. Expired Withdrawal Card. The said new law of 1904 does not in any way affect the holder of an expired Withdrawal Card. An applicant for membership on an expired Withdrawal Card does not come under the pro- visions of such law.— 1905 S. G. L. Journal, 24, 29, 219, 220, 243. 1867. Certificate. Under the said new law of 1904, there can be no transfer of membership on certificate, but only on a Withdrawal Card.— 1905 S. G. L. Journal, 40, 219, 243. 1868. Who may apply for transfer of membership by card. The said new law of 1904 applies only to members, and is available only on the conditions specifically set forth in the law. Thus, in order that a member of the Order shall be entitled to the benefits conferred by the law, the following facts, at least, must exist: 1. He must be a member of the Order entitled to a With- drawal Card. 2. He must change his residence from the vicinity of his own Lodge to the vicinity of another. 3. Desiring to unite with a Lodge at his new place of resi- dence, and upon so stating in his application for membership, and upon bointr elected by ball ballot, as provided by local 31 482 Membership. law, he shall be entitled, upon notice being sent to his old Lodge by the new Lodge, to receive a Withdrawal Card at the actual cost of the card to the Lodge. 4. Having so received the Withdrawal Card from his old Lodge, he may deposit it with the new Lodge he desires to join in the vicinity of his new place of residence, without being required to pay a card or admission fee; except that where a physician's certificate is required he must pay the expense of the same, and no other charge can be made for admission under the circumstances named. The conditions mentioned in the law must exist and the provisions of the law must be complied with. — 1905 S. G. L. Journal, 14, 15, 26, 27, 28, 24, 25, 219, 243, 221, 244. 1869. The application under the transfer of membership by card law. The application to the new Lodge need not be accompanied by a Dismissal Certificate, an official receipt or a Withdrawal Card. The facts necessary to support the application must appear in the petition itself, as the law provides. This petition in addition to the facts set forth in the ordinary application for membership, must state that the applicant is a member of the Order entitled to a Withdrawal Card from his Lodge (naming it), or that he holds such a card in full force (producing it), that he changed his place of residence from the vicinity of his own Lodge to the vicinity of the one he now desires to join, and that he desires to join such Lodge. If on this petition he is elected by ball ballot, as provided by local law, notice should be given by the new Lodge to the old Lodge, whereupon he shall be entitled to a Withdrawal Card from his old Lodge (if he does not already hold one in full force), and to admis- sion to the new Lodge on the conditions stated in the said new law of 1904 of the Sovereign Grand Lodge. — 1905 S. G. L. Journal, 39, 221, 244. 1870. The same. The brother should apply by petition setting forth all the facts necessary to entitle him to the benefits of said new law of 1904 of the Sovereign Grand Lodge.— 1905 S. G. L. Journal, 47, 219, 243. Membership. 483 1871. Holding a Withdrawal Card or entitled to one — Dismissal Certificate — Official receipt. The said new law of 1904 applies to a brother entitled to a Withdrawal Card or holding a Withdrawal Card in full force, who changes his place of residence from the vicinity of his own Lodge to the vicinity of another, and who desires to unite with a Lodge at his new place of residence. The holding of a Dismissal Certificate or an official receipt is not sufficient. He must hold or be entitled to hold a Withdrawal Card. — 1905 S. G. L. Journal, 38, 221, 244, 46, 47. 1872. Withdrawal Card in full force— Official certificate — Visiting Card. If a brother holds a Withdrawal Card in full force, it is of the same effect as though he were "enti- tled" to one under the provisions of the said new law of 1904. He cannot be admitted under said law, however, either on an official certificate or a Visiting Card. — 1905 S. G. L. Journal, 39, 221, 244. 1873. Withdrawal Card and no change of residence. Where a brother takes a Withdrawal Card from his Lodge without first applying for membership to another Lodge and within one year of the date of the issue of his card applies to become a member of another Lodge on that card, but has not changed his residence, he is required to pay an admis- sion fee. The said new law of 1904 does not apply to such a case.— 1905 S. G. L. Journal, 28, 29, 221. 244. 1874. Withdrawal Card— Change of residence— Card expires. A brother changes his residence and complies with all the conditions of the said new law of 1904 except that he receives a Withdrawal Card from his old Lodge at the time of his removal, and presents it with his application for membership to the Lodge of his new residence while it is still good for visiting purposes, and is elected to member- ship thereon. The old Lodge cannot charge any fee for the Withdrawal Card, because the brother already has a With- drawal Card in full force. If he complies with all the other conditions he can use that card. The new Lodge, if it elects him to membership, cannot charge an admission fee, but may 484 Membership. charge the cost of the medical certificate, when it is required. If the brother holds the Withdrawal Card thus secured for more than one year before he presents it to the Lodge of his new residence for membership the said law of 1904 does not apply to him. He should not be admitted without fee. — 1905 S. G. L. Journal, 29, 220, 243. 1875. Change of residence — City — Town — State — Juris- diction. The said new law of 1904 does apply to a person who shall change his residence from one city or town to another or from one State to another or from one vicinity to another in the same jurisdiction. — 1905 S. G. L. Journal, 23, 219, 243, 46, 219, 243. 1876. Change of residence — Same town or city. The said new law of 1904 does apply to a person who shall change his residence from the vicinity of his own Lodge to the vicinity of another Lodge in the same town or city of his residence.— 1905 S. G. L. Journal, 23, 219, 243, 28, 219, 243, 39, 221, 222, 244. 1877. Same city and no change of residence. Where there are two or more Lodges in the same city and a mem- ber of one of the Lodges has not changed his residence the said new law of 1904 does not apply to such member. — 1905 S. G. L. Journal, 24, 219, 243, 29, 219, 243, 39, 221, 222, 244. 1878. Same city and change of residence. A brother residing in the city of Boston changes his residence from the ward in which his Lodge is located to a ward ten miles distant from his former residence. He is within a minute's walk of a Lodge located at his new place of residence, and he has removed from the vicinity or neighborhood of the Lodge in which he holds membership. The said new law of 1904 applies to his case.— 1905 S. G. L. Journal, 24, 25, 219, 243. 1879. Same city and change of residence. The said new law of 1904 does apply to cities having more than one Lodge when the applicant has changed his residence and his new residence is nearer to the Lodge which he desires to join Membership. 485 than it is to his former Lodge. — 1905 S. G. L. Journal, 18, 30, 59. 1880. Residing midway between two halls. A Lodge- room in the city of Somerville is within a stone's throw of a Lodge-room in the city of Cambridge. A brother resid- ing in Somerville lives midway between the two halls. He is in the immediate vicinity of both Lodges. The said new law of 1904 is not applicable to the brother. — 1905 S. G. L. Journal, 25, 219, 243. 1881. Change of residence — Vicinity. The word *' Vicinity" in said new law of 1904 is to receive a reason- able interpretation in view of the purpose of the resolution. It cannot be defined geographically as meaning a removal from one town, city, county. State, or Territory to another. The language of the law is ''changing his residence from the vicinity of his own Lodge to the vicinity of another, and desiring to unite with a Lodge at his new place of residence." A member comes within the provision of the law when, residing in one section of a city close to his Lodge, he removes to another location in a city 10 miles away and close to another Lodge. Each case should depend upon the peculiar circumstance, keeping in view the purpose of the law. It is not intended that the word "Vicinity" should be defined by territorial limits, namely, by lines divid- ing cities, wards, counties, and States. The word "Vicin- ity" in an agricultural sparsely settled district would have a very different meaning from the word when applied to Lodges within the limits of a city. In some country dis- tricts 10 miles would be considered in the same vicinity. It would hardly be so in a compactly built city. The law does apply to a change of residence from one point in the same city to another not in the same vicinity, when all the other points in the law are found to exist. — 1905 S. G. L. Journal, 27, 219, 243. 1882. Change of residence before the law. A brother who changed his residence before the enactment of said new law of 1904 can make application under said law. — 1905 S. G. L. Journal, 30, 219, 243. 486 Membership. 1883. Change of residence after the law. A brother who changed his residence after the enactment of said new law of 1904, but before it took effect, may make application under said law— 1905 S. G. L. Journal, 30, 219, 243. 1884. When applicant may apply. A brother who has changed or shall change his residence can make application under said new law of 1904 at any time after such change of residence.— 1905 S. G. L. Journal, 31, 219, 243. 1885. When change of residence must occur. The change of residence need not have occurred after the enact- ment of this new law of 1904, nor after the date of the With- drawal Card, but must have been after he joined the Lodge from which he proposed to withdraw. If residing near to one Lodge, he lawfully joins another more distant from his residence, he cannot claim the benefit of this law to alter his choice.— 1905 S. G. L. Journal, 38, 221, 244. 1886. The same. A brother who has lived for years away from his Lodge, keeping himself in good standing so that he would be entitled to a Withdrawal Card at any time, concludes finally to transfer his membership to the Lodge of his present residence. The said new law of 1904 applies to such a member without regard to the time at which he changed his place of residence, provided such change was after he became a member of the Lodge he now proposes to leave.— 1905 S. G. L. Journal, 30, 31, 219, 243. 1887. Change of residence — Section of city — Part of county. The change of residence need not necessarily be from one jurisdiction to another, but may be from one section of a city to another section of the same city, or from one part to another part of the same county. The said new law of 1904 was intended to enable brothers to belong to Lodges close to their place of residence. — 1905 S. G. L. Journal, 38, 39, 221, 244. 1888. Suspended for non-pajrment of dues. A member of a Lodge, who has been suspended for non-payment of dues, moves from one vicinity to another and makes appli- Membership. 487 cation to a Lodge for admission, and is accepted as a mem- ber, must be entitled to a Withdrawal Card under the laws of the jurisdiction of the Lodge from which he desires to withdraw, and must comply with all the requirements of the law, which are conditions to his being so entitled. When he has become entitled to the card, the Lodge should grant it under the provisions of the said new law of 1904, if the conditions specified in that new law exist. — 1905 S. G. L. Journal, 46, 219, 243. 1889. Oflacial certificate — Visiting card — Twenty-five years a contributing member. The sections of the Constitu- tion of Subordinates which provided that a member of a Lodge holding an official certificate or a Visiting Card, or who had been a contributing member for twenty-five years, might apply to become a member of another Lodge without first applying for a Withdrawal Card from his Lodge, were repealed, and the present Section 2, Article III, Constitu- tion of Subordinates, was enacted in May, 1905, by the Grand Lodge. (See Section 1856 of this Digest.) — 1905 Journal, 935, 936, 958, 965. Note. — Said repealed sections of the Constitution of Subordi- nates were based on the law en- acted in 1880 by the Sovereign Grand Lodge which reads, "Any member of this Order who has been a contributing member twenty-five years, upon change of residence, shall have the privi- lege of applying for membership in any Lodge at his new place of residence without first applying for a Withdrawal Card from the Lodge in which he holds member- ship. Upon election of such brother by the Lodge to which he shall apply for membership, said Lodge shall notify the Lodge of which he is a member of such election, when, being free from all charges and the payment of all dues and fees, upon proper appli- cation he shall be entitled to a Withdrawal Card. Upon deposit of said card with the Lodge in which he has been elected, he shall be entitled to sign the Con- stitution and be received in full membership from such time, upon the payment of the admission tees required by the By-Laws of said Lodge"— (1880 S. G. L. Journal, 8404, 8478), and on the law en- acted in 1887 and amended in 1895 by the Sovereign Grand Lodge which reads, "Any member of a Subordinate Lodge or En- campment or Rebekah Lodge of the Order, holding a Visiting Card in force, shall have the privilege of applying for member- ship in any Lodge or Encamp- ment or Rebekah Lodge without first applying for a Withdrawal 488 Membership. Card from the Subordinate Lodge be received in full or Encampment or Rebekah Lodge from such time upon payment of in which membership is held. the admission fees required by Upon election of such member by the By-Laws of said Lodge, En- the Lodge, Encampment or Re- campment or Rebekah Lodge" — bekah Lodge to which application 1887 S. G. L. Journal, 10973. is made for membership, said 11025; 1895 S. G. L. Journal, body shall notify the body of 14596, 14611), Said law concern which the applicant was a mem- ing Visiting Cards was in 1897 ber of such election, when, being held applicable to official certifi- free from all charges and the pay- cates for dues paid to a date ment of all dues and fees, upon later than when presented — (1897 proper application he shall be S. G. L. Journal, 15165, 15534, granted a Withdrawal Card. 15163). The present Section 2, Upon deposit of said Withdrawal Article III, Constitution of Sub- Card with said Lodge, Encamp- ordinates, is based on the Sover- nient or Rebekah Lodge to which eign Grand Lodge Law of 1904 — he was elected, he shall be enti- See Section 1856 of this Digest tied to sign the Constitution and and note thereto. (See Fees.) 5. BY DEPOSIT OF CARD OR CERTIFICATE OR AS ANCIENT ODD FELLOW. 1890. Card or certificate must be deposited or loss proven. Every applicant for membership by deposit of card, or certificate of dismissal, or as an Ancient Odd Fellow, shall deposit his card or certificate with his proposition, or furnish satisfactory evidence that such card or certificate has been lost. — Constitution Subordinates, Art. II, Sec. 2. Note. — The card must be re- its rightful owner. The Lodge turned to the applicant if he be has no right to mutilate the card rejected. The card is his rightful by endorsing thereon "rejected" — property, and unless the appli- (1849-1852 S. G. L. Journal, 1399, cant should be accepted by the 1449, 1479, 1963). Lodge, it should be returned to 1891. The Annual Traveling Password. An applicant for membership by deposit of card is required to have the accompanying Annual Traveling Password. — 1861 Journal, 173. Note. — Should he not have tlie an Ancient Odd Fellow — (1861- Annual i raveling Password, or 1862 S. G. L. Journal, 3336, 3353- should the card be an expired one, 3479). the brother may be admitted as Membership. 489 1892. Applicant and expired Withdrawal Card. A per- son holding: an expired Withdrawal Card cannot be rein- stated to membership by ballot on simple motion. He must apply by petition in due form as an Ancient Odd Fellow; a committee must be appointed, etc. — Appeal of Crooks, 1903 Journal, 121, 124, 154. 1893. When application may be made. A brother may apply to join a Lodgre by deposit of card at any time before the expiration of the card. Where a card expires upon the day following such application, it is legal to proceed to ballot after the expiration of the card, the application hav- ing been made during the life of the card. — 1879 Journal, 23, 101, 110. 1894. When cannot be admitted to another Lodge. A member holding a Withdrawal Card 'from his Lodge, near which he resides, cannot be admitted to another Lodge, not in the same county or district, if his former Lodge object. — 1875 Journal, 280, 295. 1895. Holder of Withdrawal Card re-admitted, how. A brother holding a Withdrawal Card in date, with an order for the Annual Traveling Password, can join a Lodge by deposit of such card, and upon satisfactory proof to the Lodge that he is the lawful holder thereof. And this is so, even though the holder of the card be utterly unable to prove himself, in any manner or form, in the work of the Order.— 1877 Journal, 583, 675, 697. 1896. Applicant may apply, where. Where a brother obtains a Withdrawal Card from his Lodge, he may apply for membership, by deposit of card, in a Lodge more remote from his place of residence than his former Lodge is, provided Section 5, Article II, of the Constitution of Subordinates, be complied with.— 1884 Journal, 17, 116, 153. Note. — The holder of an unex- where he is not a resident of the pired Withdrawal Card ^-annot jurisdiction — ( 1897 S. G. L. Jour- deposit it and apply for member- nal, 15170, 15534, 15584, 15613). ship in the Lodge granting it, 490 Membership. 1897. Effect of granting Withdrawal Card. When a brother applies for a Withdrawal Card, his connection with the Lodge ceases on the vote being passed to grant him the card. If he should desire to become connected with the Lodge again, he mnst apply for admission upon his card — (Grimes vs. Cherokee Lodge, 1864 Journal, 557). The Lodge cannot restore him to membership by simply reconsidering the vote by which the card was granted. — 1873 Journal, 782, 783, 900, 901. See, also, 1852 S. G. L. Journal, 1841, 1898, 1952. Note. — A brother has the right it, though the Lodge granting the to deposit a Withdrawal Card on card has, since granting it, been application for membership, and suspended or expelled — (1849 S. a Lodge has the right to receive G. L. Journal, 1470, 1484). 1898. Credentials of member of extinct Lodge. A brother who was in good standing at the time his Lodge became extinct, or was a suspended member for any cause other than the non-payment of dues, or had been expelled, cannot be admitted to membership in this jurisdiction until he shall procure proper credentials from the jurisdiction to which he formerly belonged. — 1864 Journal, 487, 536. 1899. Defunct Lodges — Withdrawal Cards — Dismissal Certificates. Grand Lodges, through their proper officers, are permitted to issue to members of defunct Lodges Withdrawal Cards or Dismissal Certificates, according to the standing of the brothers when the Lodge surrendered its charter, and members holding such cards or Dismissal Certificates shall have the same privilege and are to be recognized by every Lodge to which they may be presented, whether in or out of the jurisdiction issuing them as having the same force and effect as a Withdrawal Card or Dismissal Certificate issued by an existing Lodge in good standing, and will enable the holder to join another Lodge, and all laws in conflict there- with are repealed.— 1899 S. G. L. Journal, 251, 319, 320, 353. 1900. Suspended or expelled member. No suspended or expelled member of the Order can be admitted to member- ship in this Lodge except on a Dismissal Certificate or on Membership. 491 being reinstated and receiving a Withdrawal Card from the Lodge which suspended or expelled him, or from the Grand Secretary, as prescribed by law. — Constitution Subordi- nates, Art. II, Sec. 3. 1901. To receive petition and ballot the same evening. It is not legal for a Lodge to receive a proposition for member- ship by deposit of card and ballot for the applicant the same evening, without a dispensation from the Grand Master. — 1889 Journal, 33, 122, 163. 1902. Investigating Committee not to report forthwith. Improper for an Investigating Committee to report forth- with on an application for membership by card, and for the Lodge to receive such report, and ballot on the application at the same meeting the application is received, except by dispensation. — 1860 Journal, 85, 86. 1903. Appointment of Investigating Committee. A Noble Grand may appoint an Investigating Committee on the ap- plication of a brother by deposit of card, though he may be present in the Lodge. — 1857 Journal, 272. 1904. Applicant becomes a member, when. A brother who makes application to a Lodge for membership by deposit of card and is elected, does not become a member of the Lodge until after signing the Constitution. — 1883 Journal, 1001, 1150, 1175 ; 1901 Journal, 410, 557, 562. 1905. The rank or degree of applicant. Where a brother holds a Withdrawal Card and applies for admission upon it, and can prove himself only as far as the Second Degree, but the Lodge receives a communication from the brother's former Lodge that he had received the Scarlet Degree, the number of degrees he had received is a question of fact to be determined by the Lodge. Should the Noble Grand decide the brother to be entitled to rank as a Third Degree member, and the Lodge acquiesce in the decision, the decision of the Xoble Grand becomes the decision of the Lodge. — 1878 Jour- nal, 958, 973, 983. 492 Membership. 1906. Degrees — An elected brother not signed the Con- stitution. A brother who has been elected to become a mem- ber of a Lodge by deposit of card, and who has only attained the First Degree, never having signed the Constitution, nor presented himself for introduction, cannot legally apply for the other degrees, nor can the Lodge legally confer them. — 1883 Journal, 1001, 1150, 1175. 1907. When elected, committee appointed to examine as to degrees. When a brother is presented for admission to membership by deposit of final card (after notice of his election), it shall be the duty of the Noble Grand to appoint a committee of three Scarlet Degree members, one of whom shall be the senioi> Past Grand present ; if no Past Grand be present, then the acting Noble Grand shall be one of said committee. They shall examine the applicant in all of the degrees of a Subordinate Lodge he claims to have attained, and report to the Lodge. If correct, he shall be introduced by the committee, and sign the Constitution of the Lodge. — 1857 Journal, 266. Note. — The Noble Grand should tioii was referred had not per- examine an applicant for mem- formed that duty, or a committee bership by card as to his being in of the Lodge had not previously possession of the Annual Travel- examined him therein when visit- ing Password, and of the degrees ing the Lodge — (1853 S. G. L. he claims to have received, if the Journal, 2147, 2177). committee to whom his applica- 1908. Lodge has the right to reject applicant. A Lodge has a right to reject the holder of a Withdrawal Card within date. An applicant for admission by card is subject to the same consideration as an applicant by initiation. The card is prima facie evidence of good character, but not conclusive. There may be other considerations besides character which w^ould influence the members of a Lodge to reject an appli- cant for membership by card as well as by initiation. — 1876 Journal, 391, 474, 508. Note. — A Lodge is not bound application is made is the appro- to receive a card on deposit or to priate party to judge of the ap- admit the holder thereof to mem- plicant's fitness for re-admission bership. The Lodge to which the —(1844 S. G. L. Journal, 678). b Membership. 493 1909. Rejected applicant by card may apply again at next meeting. A candidate who has applied for admission by card, and who has been rejected, can make another appli- cation at the next meeting of the Lodge. — 1888 Journal, 1021, 1111, 1130. 1910. The same — Or at same evening to same Lodge. An applicant for membership by deposit of card having been rejected, may present his application again the same even- inor and in the same Lodge. — 1889 Journal, 31, 122, 163. 1911. Renewal of application. Application for admission by card may be made at any time, and there is no limit to the number of times in case of rejection. — 1858 Journal, 378. 1912. Grand Secretary should be notified of rejection. The Grand Secretary should be notified of the rejection of a candidate who applies for admission by card. — 1888 Jour- nal, 1021, 1111, 1130. 1913. Lodges should be notified of rejection. In case a candidate by deposit of card as an Ancient Odd Fellow is rejected, it is the duty of the Lodge to report it to every Lodge in the county, and to the Grand Secretary. — 1882 Journal, 739, 844, 879. (See Cards and Certificates; Fees.) 6. REINSTATEMENT AND READMISSION. 1914. Grand Lodges' control of the question. The ques- tion of the reinstatement of members who have been sus- pended for non-payment of dues is by the Sovereign Grand Lodge relegated to and placed under the control of the several local Grand Lodges and Grand Encampments, and all laws in conflict therewith are repealed. — 1902 S. G. L. Journal, 895, 954, 970. • 1915. The general laws on the subject — Grand Lodges' laws. The law of Sovereign Grand Lodge of 1902 (S. G. L. Journal, 895, 954, 970) is comprehensive and remits the whole subject of reinstatement of members suspended for non- payment of dues to local Grand Lodges and Grand Encamp- 494 Membership. ments, and puts no limitation on the control of the matter by Grand Lodges and Grand Encampments, respectively. The general laws upon the subject are in force except where Grand Lodges or Grand Encampments in pursuance of the authority conferred by the law have assumed control and otherwise provided.— 1903 S. G. L. Journal, 26, 284, 314. 1916. Within one year after suspension for non-payment of dues. Any member suspended from membership for non- payment of dues may be reinstated in the Lodge from which he was suspended within one year thereafter, by paying the amount of one year's dues, and by receiving a vote of two- thirds of the members present — a motion to that effect hav- ing been laid over one week, and said vote shall be by ballot. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 2. 1917. Application for reinstatement within a year. A brother making application for reinstatement under the provisions of Clause 2, Article VIII, Constitution of Subordi- nate Lodges, is entitled to reinstatement under the pro- visions therein, although such reinstatement does not take place until after the expiration of the year. — 1898 Journal, 13, 231, 277. 1918. More than one year after such suspension. After one year after date of suspension, a member suspended for non-payment of dues may be reinstated upon the payment of the amount of one year's dues or such greater sum as the By-Laws of the Lodge may prescribe ; and he shall petition the Lodge in writing to be reinstated, which shall be dis- posed of as provided in Article III, Section 1, for petitions for membership by initiation. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 2. 1919. When rejected applicant may apply again. A mem- ber who has been suspended for non-payment of dues less than one year, and who, on making application for rein- statement, is rejected, may apply again at the next meeting of the Lodge.— 1897 Journal, 809, 1030, 1054. 1920. The one year's dues. The one year's dues referred to in Article VIII, Section 1, Clause 2, Constitution of Subor- Membership. 495 • dinates, relative to reinstatement of members suspended for non-payment of dues, is the one year's dues of the Lodge at the time the brother applies to be reinstated. — 1876 Journal, 391, 474, 508. 1921. Admission fees and dues. When the admission fee is ten dollars, and the yearly dues are twelve dollars, a brother suspended for non-payment of dues must pay twelve months' dues prior to reinstatement. — 1899 Journal, 443, 650, 677. 1922. More than twelve months' dues cannot be demanded, when. A Lodge cannot demand more than twelve months' dues of a brother when he petitions within a year after ceasing membership for reinstatement, after having ceased membership for non-payment of dues, even though his dues had been allowed to accumulate for a longer period than twelve months before the Noble Grand declared him to have ceased membership. — 1861 Journal, 180. 1923. Fines and Assessments. A brother suspended for non-payment of dues, upon reinstatement within one year thereafter, must pay the year's dues required to be paid by members of the Lodge at the time of the application for reinstatement. He need not pay in addition to dues, the fines and assessments charged against him during the year previous to his suspension. — 1873 Journal, 870, 892; 1872 Journal, 689; Constitution Subordinates, Art. VIII, Sec. 1, Clause 2. 1924. Fines and assessments when suspension is for a fixed period. When the suspension is for a fixed period of time, altliough payment of fines and assessments made dur- ing such period is not a pre-requisite for reinstatement, yet such assessments stand a charge against the brother when reinstated the same as before the suspension. — 1872 Journal, 689; 1873 Journal, 870, 892. 1925. When fines are imposed after trial, for offenses. All fines imposed under this section shall be paid within thirteen weeks from the date of their imposition, or the 496 Membership. brother shall stand suspended from all the rights and bene- fits of the Order until such fine is paid ; and if he cease to be a member he shall, prior to reinstatement, pay the whole amount of such fines and dues. — Constitution Subordinates, Art. VIII, Sec. 6. 1926. When petition for reinstatement necessary. Arti- cle VIII, Section 1, Clause 3, of the Constitution of Subor- dinates, must be construed in conjunction with Clause 2. An application for reinstatement and a Withdrawal Card under Clause 3 must be in writing, no particular form being necessary. If the application be made within one year after suspension, it may be granted without petition, it may be granted upon motion laid over one week, and by a two- thirds vote, which vote shall be by ballot ; but if made after the expiration of a year from the date of suspension, then it must be made by petition, etc., as indicated in Article III, Section 1, of the Constitution of Subordinates. — 1863 Jour- nal, 434, 438; 1867 Journal, 292, 338, 349; 1883 Journal, 1003, 1150, 1175. 1927. Form of petition. Article VIII, Section 1, Consti- tution of Subordinates, providing for reinstatement of a brother who has been suspended over a year for non-pay- ment of dues, does not require the same form as for initia- tion; it only prescribes the manner of the disposition of the application, and not the form. — 1863 Journal, 434, 438. 1928. When suspension is for a fixed period. When a suspension is for a fixed and limited period, the disability expires with the expiration of the term, and no announce- ment or notice is necessary, and the law does not require the Noble Grand to declare in open Lodge the fact of such reinstatement, and does not require notices of such rein- statement to be sent to the Grand Secretary and the Lodges in the county. — 1860 Journal, 51. 1929. The same. Upon the expiration of the term of suspension he is ipso facto restored to membership. His dues accrue during suspension. — 1857 Journal, 250. Membership. 497 1930. Physician's certificate may be required. Where a brother has been suspended for non-payment of dues, the Lodge has the right to require a physician's certificate of him when making application for reinstatement. — 1888 Journal, 1022, 1111, 1130; 1905 Journal, 743, 932, 948. 1931. Not necessary to introduce reinstated brother. When a brother has ceased membership for non-payment of dues, and is subsequently reinstated, it is not necessary to appoint a committee to introduce such brother. The Noble Grand should admit him, 'and then communicate the semi-annual password. — 1862 Journal, 290. 1932. Not necessary to re-sign Constitution. It is not necessary to re-sign the Constitution when a person sus- pended is reinstated. — 1861 Journal, 169 ; 1862 Journal, 290. 1933. What proceedings not necessary on reinstatement. A brother who has ceased membership for non-payment of dues more than one year, and whose ballot on reinstate- ment conforms to that of an initiate, should not be required to answer the usual questions, be introduced and re-sign the Constitution, as in case of an Ancient Odd Fellow with a card on readmission. — 1867 Journal, 339, 349. 1934. Payment of less than is due on reinstatement. . An error in reinstating a brother by payment of less than is due does not deprive the brother of membership. The bal- ance due can be charged against him on the books. — Chaf- fin vs. Hope Lodge, 1869 Journal, 64, 76. 1935. Consent of Lodge nearest residence, not neces- sary. A member of a Lodge has been suspended five years for non-payment of dues; during the interval of suspension a new Lodge was established nearer the residence of the suspended brother. Upon the petition of the suspended member to be reinstated in the Lodge which suspended him, the consent of the new Lodge nearest his residence is nnnece.s.sary. The provisions of Article II, Section 5, of the Constitution of Subordinates, are not applicable to petitions for reinstatement.— 1873 Journal, 894, 901; 1882 Journal, 739, 844, 879. 3-2 498 Membership. 1936. Reinstatement within five years and card. A mem- ber suspended from membership for non-payment of dues, and who makes application for reinstatement and for a Withdrawal Card for the purpose of uniting with another Lodge in this jurisdiction, may be reinstated and granted a final card at any time within five years from the date of suspension, upon the payment of one year's dues and the usual price of a card. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 3. Note. — But one course is open to statement — (1852 S. G. L. Jour- a person to regain admission into nal, 1885, 1948; 1855 S. G. L. the Order, who has lost connection Journal, 2495, 2520) ; or for a dis- therewith by disuse. It is to ap- missal certificate — (1880 S. G. L. ply to his former Lodge for rein- Journal, 8487 ) . 1937. Notice of reinstatement. Notice of all reinstate- ments shall forthwith be forwarded to every Lodge in the county, to the Subordinate Encampment and Rebekah Lodge, of which the brother is a member, and to the Grand Secretary. — Constitution Subordinates, Art. VIII, Sec. 8. 1938. Contributing member for twenty-five years and over sixty years of age. Provided that no member shall be suspended for non-payment of dues who is over sixty years of age, and who has been a contributing member for twenty-five consecutive years, but he shall be retained as a non-beneficial member, and as such shall be entitled to the password and all the privileges of active members, except benefits. The Lodge shall not be compelled to pay per capita tax on such non-beneficial members. Such non- beneficial members may be reinstated in the manner as pro- vided for the reinstatement of suspended members for non- payment of dues. — Constitution Subordinates, Art. VIII, Sec. 1; 1905 S. G. L. Journal, 25, 219, 243. 1939. Brother suspended for an offense. A brother sus- pended for any cause may be reinstated on the removal of the cause or the expiration of the term for which he was suspended, without action of the Lodge, and the Noble Membership. 499 Grand shall declare in open Lodge his being reinstated. Constitution Subordinates, Art. VIII, Sec. 9. Note. — The moment the term fixed for the duration of the pun- ishment expires, ipso facto, the member returns to the full enjoy- ment of his position in the Lodge, without form— (1849 S. G. L. Journal, 1504, 1513). 1940. The same. Upon the expiration of a term of sus- pension of a brother, he is ipso facto restored to membership. —1857 Journal, 250. 1941. To reinstate expelled member. An expelled mem- ber can be reinstated only after a proposition, reference and election by ballot, as in the case of a newly-proposed mem- ber, permission having first been obtained from the Grand Master. — Constitution Subordinates, Art. VIII, Sec. 9. 1942. Expelled member and member suspended on charges. This Lodge shall not reinstate an expelled member of this Lodge nor one suspended upon charges without per- mission of the Grand Master. — Constitution Subordinates, Art. X, Sec. 2. 1943. What expelled member must pay. To reinstate an expelled member, he must pay the same fee as an initiate of the same age, or such lesser fee as the By-Laws may pre- .scribe. On taking the degrees, he must pay for the same as any other member.— 1878 Journal, 818, 928, 965; 1895 Journal, 818, 928, 967. 1944. In what Lodge expelled brother should be rein- stated. If a member be expelled from a Lodge and join another Lodge by initiation without first being reinstated, and be expelled the second time, the Lodge to reinstate him is the Lodge wherein he had a legal membership. It is the Lodge from which he was first expelled. — 1872 Journal, 689. 1945. Expelled member reinstated — His rank and degrees. A brother expelled from the Lodge, upon rein- statement, should be received exactly the same as if he had never been expelled, and should take rank according to the 500 Membership. degrees obtained by him before such expulsion; no reini- tiation or reconferring of degrees is permitted. — 1878 Jour- nal, 818, 928, 965 ; 1879 Journal, 32, 107. Note. — An expelled member can- withstanding permission so to do not be readmitted to membership is given by the Grand Lodge of by another Lodge in the same the Jurisdiction — (1886 S. G. L. jurisdiction without the consent of Journal, 10406, 10443). the Lodge expelling him. Not- 1946. Expelled member of another jurisdiction. A mem- ber expelled in one jurisdiction cannot be legally reinstated in another jurisdiction except by the consent of the Lodge expelling him, and if reinstated, except by consent, is a member neither of the Lodge expelling nor of the Order. No Subordinate Lodge can reinstate an expelled member of its own motion. The consent of the Grand Lodge to which the Lodge is Subordinate, or of the Grand Master, is absolutely necessary to authorize the restoration. — 1851- 1872-1873 S. G. L. Journal, 1175, 1806, 5208, 5919, 5950. 1947. Money on rejection to be returned. When a brother applies for reinstatement after suspension for non- payment of dues, and is rejected, the money paid in by him on his application must be returned to him, although he be indebted to the Lodge in that amount. — 1870 S. G. L. Journal, 4871, 4896. 1948. How expelled member reinstated. When a mem- ber has been expelled from a Lodge for any cause, and the judgment of the Lodge has been sustained on appeal, he can be reinstated to membership only by action of the Lodge from which he was expelled. There is no provision of law investing the Grand Master or the Grand Lodge with par- doning power.— 1889 Journal, 32, 122, 163. 1949. Reinstatement of expelled member. Section 9, Article VIII, Constitution of Subordinates, regulates this matter. An application to reinstate an expelled member must be made to the Lodge which expelled him. On receipt of the application the Lodge must wait till it receives the permission or dispensation of the Grand Master, as provided Il Membership. 501 therein. On receipt of such application, if the Lodge desires to act thereon, it must, by a majority vote, determine to apply for such permission or dispensation. On receipt of such permission or dispensation it must then act in accord- ance with the requirements of said Section 9, Article VIII, of the Constitution of Subordinates. Such applicant must be balloted for in the same manner as an applicant to become a member by initiation, and the same ballot that rejects an applicant to become a member by initiation, rejects such an applicant who desires to be reinstated as an expelled member.— 1903 Journal, 195, 196, 212. 1950. The ballot on application of expelled member to be reinstated. The Subordinate Lodge Constitution expressly provides in effect that the application or proposi- tion shall be referred to a committee and the applicant shall be balloted for and elected as in the case of a newly proposed member. Under these provisions of the Subordinate Lodge Constitution, such an applicant is either elected or rejected the same as an applicant for membership by initiation or a newly proposed member, that is if three or more black balls appear the applicant is rejected. — 1903 Journal, 194, 212. 7. NON-CONTRIBUTING AND NON-BENEFICIAL MEM- BERS. 1951. Non-contributing member — Over sixty years of age and a contributing member for twenty-five years. "Pro- vided that no member shall be suspended for non-payment of dues who is over sixty years of age, and who has been a contributing member for twenty-five consecutive years, but he shall be retained as a non-beneficial member, and as such shall be entitled to the password and all the privileges of active members, except benefits. The Lodge shall not be compelled to pay per capita tax on such non-beneficial mem- bers. Such non-beneficial members may be reinstated in the manner as provided for the reinstatement of suspended members for non-payment of dues." — Constitution Subordi- nates, Art. VIII, Sec. 1, Clause 1 ; 1901 S. G. L. Journal, 392, 502 Membership. 414 ; 1902 S. G. L. Journal, 1012 ; 1904 S. G. L. Journal, 850, 866, 884. Note. — The words "contributing eluding the time an unexpired membership for twenty-five con- Withdrawal Card may have been secutive years" mean continuous held — (1903 S. G. L. Journal, 18, membership for twenty years, in- 284, 314). 1952. Non-contributing members. The Sovereign Grand Lodge adopted in 1905 the following: Resolved, That the designation '* non-beneficial," as used in the law above quoted (the law of the Sovereign Grand Lodge, which is found in Section 1951 of this Digest), be discontinued, and the term *' non-contributing" be substituted therefor, so that the designation "non-beneficial" shall apply only to mem- bers who, by reason of non-payment of dues for the time provided by local law, are not entitled to benefits. — 1905 S. G. L. Journal, 209, 279, 292. 1953. Reinstatement of non-contributing member. Where a brother over sixty years of age has been a con- tributing member for twenty-five years consecutively and is dropped for non-payment of dues to the grade of a non- beneficial member, he may be reinstated in the manner pro- vided for the reinstatement of dropped members by the Constitution and By-Laws of the several jurisdictions. — 1905 S. G. L. Journal, 25, 219, 243. 1954. Eligible to office. A non-contributing member, mentioned in Section 1951 of this Digest, is eligible to elec- tion as Noble Grand or any other elective office in a Subordinate Lodge. The language of the law is that ''such non-beneficial members [non-contributing members] shall have all the privileges of active members, except benefits." —1905 S. G. L. Journal, 25, 219, 243. 1955. Visiting Card. A member becomes a non-contrib- uting member according to Section 1951 of this Digest and resides in another jurisdiction and in order that he may have the Annual Traveling Password and visit in other jurisdictions he should obtain from his Lodge the special Visiting Card for such non-beneficial members [non-contrib- Membership. 503 nting members] .—1905 S. G. L. Journal, 209, 279, 292, 42, 219, 243. (See Section 795.) 1956. Who may be admitted as non-beneficial member. An Odd Fellow who has been regularly initiated into the Order, and has retained membership therein for at least five consecutive years, and who at the time of making appli- cation for reinstatement or membership, shall be over fifty years of age, may be admitted to membership in this Lodge as a non-beneficial member upon such terms as the By-Laws may prescribe, by presenting a petition as required under Section 1, Article III, for proposals for membership by initiation, which shall be disposed of according to said sec- tion. — Constitution Subordinates, Art. II, Sec. 4; 1881 Jour- nal, 500, 601, 627; 1886 Journal, 536, 620, 646; 1905 Jour- nal, 744, 932, 948. Note. — Non affiliated Odd Fel- sion for cause, may be admitted to lows who have been regularly in- membership in any Lodge as non- itiated in the Order and have re- beneficial members upon such tained membership therein for at terms as the local law may pre- least five consecutive years, and scribe — (1870 S. G. L. Journal, who at the time of making appli- 4884, 4919; 1876 S. G. L. Journal, cation for reinstatement or mem- 6984, 7054; 1878 S. G. L. Journal, bership shall be over fifty years of 7856, 7884). age and who are not under expul- 1957. Consent necessary. An Odd Fellow cannot be decreed a non-beneficial member at the will of his Lodge and without his consent, nor can it cut him off from bene- fits while paying his dues, unless authorized so to do by law.— 1897 Journal, 1002, 1035. 1958. Brother over fifty years of age reinstated benefi- cial member. A brother who has been suspended for non- payment of dues, and who was regularly initiated into the Order and retained his membership for at least five consec- utive years, may be reinstated after he is over fifty years of age as a beneficial member. — 1883 Journal, 1004, 1150, 1175. 504 Membership. 1959. Age — Beneficial and non-beneficial members. Sec- tion 4, Article II, of the Constitution of Subordinates, does not prohibit a Lodge from admitting, as a beneficial mem- ber, an Odd Fellow over fifty years of age. It simply per- mits a Lodge to receive, as non-beneficial members, those who possess the requirements contained in the said section and whom the Lodge might not, by reason of ill health or otherwise, desire to receive as beneficial members. — 1889 Journal, 32, 122, 163. 1960. To change from member to non-beneficial member. A member of a Lodge in good standing, over fifty years of age, can change his relation to the Order from that of a beneficial to a non-beneficial member, but it must be done by withdrawing from the Lodge and applying for read- mission as a non-beneficial member. — 1896 S. G. L. Journal, 14973, 15068. 1961. Ancient Odd Fellows over fifty years of age. A former member of a Lodge, over fifty years of age, holding a Withdrawal Card two years old, and wishing to re-unite as an Ancient Odd Fellow, is eligible to beneficial mem- bership, and the Lodge may admit him as such should it see fit. There is no maximum limit as to the age which would debar him from again becoming a member of the Order.— 1895 Journal, 21, 195, 196, 236. 1962. Rights of non-beneficial members — Vote — Office. Non-beneficial members are entitled to the same rights and privileges as beneficial members, except in the matter of benefits. They can vote and hold office. — 1896 Journal, 415, 588, 629. 1963. Qualifications of non-beneficial members. A per- son who has never been a member of the Order cannot be elected and initiated as a non-beneficial member. Only those who have been members of the Order more than five years and at the time of application are over fifty years of age are so eligible.— 1888 Journal, 1020, 1111, 1130. 1964. When a non-beneficial member may withdraw and rejoin. An Odd Fellow who joins a Lodge as an Ancient i Membership. 505 Odd Fellow, and as a non-beneficial member, can withdraw and join another Lodge in full membership, if the other Lodge be willing to accept him in that way. — 1888 Journal, 1026, 1111, 1130. 8. MISCELLANEOUS. 1965. No life membership. A Lodge cannot make a life member of a brother who is unable to pay his dues, and thus entitle him to benefits if sick. Life membership is not recognized by the laws of Odd Fellowship. — 1892 Journal, 13, 112, 127. 1966. No life membership— Trust fund for it. There is no pro\nsion in the laws of our Order for the purchase of a life membership in a Subordinate Lodge, yet there is noth- ing to prevent a brother placing with his Lodge a trust fund, which, placed at interest, will provide a revenue suffi- cient to meet all demands of the Lodge upon him. — 1898 Journal, 11, 221, 240. 1967. No honorary membership. A brother in good standing cannot be proposed, and, by motion, be elected an honorary member of a Lodge. Honorary membership is not allowed in Odd Fellowship.— 1897 Journal, 413, 607, 636; 1897 Journal, 808, 994, 1034. 1968. In case of suspension. A suspended brother of the Order is not entitled to the privileges, attentions or benefits of the same, and he should not be reported to the Lodge when sick ; and in case of his death while under sus- pension, the Lodge incurs no new liability on account of his decease.— 1856 Journal, 189, 203; 1857 Journal, 249. 1969. In case of illegal initiation. Persons who from no fault of their own are illegally initiated, cannot be dis- charged from membership for that reason, but are entitled to all the rights enjoyed by other members of similar rank ; and the same rule governs the case of an unworthy person 506 Membkrsbip. who may have been inadvertently admitted. — 1861 Journal, 147; 1888 Journal, 1031, 1121, 1152. Note. — An initiation of an un- charges duly preferred and investi- worthy person cannot be declared gated — (1849 S. G. L. Journal, null and void. He can only be ex- 1475, 1511). pelled after proper trial upon 1970. Illegally initiated, and guilty of fraud. If a per- son who has been illegally initiated have been guilty of fraud, his initiation cannot be declared void, as it might be construed as releasing him from his obligation, which per- haps would also be considered void if the whole initiation were; but in such case he can be expelled therefor after trial.— 1853 S. G. L. Journal, 2146, 2177. 1971. Insane person initiated. A man makes applica- tion for membership in a Lodge, the committee reports favorably on the application after the medical examiner has already pronounced the applicant in good health, the ballot is taken and announced clear, and the candidate declared elected. The candidate answered all questions satisfactorily, after which the candidate was initiated. After the initiation it is ascertained that the initiate is on parole from an insane asylum. Until the fact of the broth- er's insanity at the time of his application, election and ini- tiation is legally established under the laws of the Order, his membership must be recognized. If in a proceeding for that purpose, and of which he has full notice, it is shown that he was insane at the time of his application, election and initiation, his election could be annulled, and he could be expelled from the Lodge on the ground that he was not competent to enter into the contract involved in the obtain- ing of membership; or charges could be preferred against him for concealing from the Lodge and not divulging the important fact of the condition of his mind. The proceed- ings would have to be in accordance with the provisions of local law.— 1905 S. G. L. Journal, 75, 299, 300, 324. 1972. Illegal acts of Lodge. A brother should not be deprived of any of his legal rights in consequence of the illegal acts of his Lodge. — 1864 Journal, 574, 573. Membership. 607 1973. Resignation. A brother in good standing and free and clear on the books may sever his connection with the Lodge and the Order by a written resignation, without other condition, and without ever having asked for a Withdrawal Card.— 1878 Journal, 817, 928, 965; 1879 Journal, 32, 107; 1897 Journal, 804, 1030, 1054; 1879 Journal, 24, 101, 110. 1974. After Withdrawal Card refused may resign. Should the Lodge refuse to grant the card, the applicant, on tendering a written resignation of membership, and paying all dues, shall be entitled to receive from the Secre- tary a certificate, under seal of the Lodge, to that effect, and such certificate shall be sufficient evidence of good standing at the time of such resignation. — Constitution Sub- ordinates, Art. XII, Sec. 1. 1975. When resignation takes effect. A resignation from the Order must be in writing and signed by the brother resigning, and when filed with the Secretary at a regular meeting, if clear on the books, his connection with the Order is immediately severed without further action of the Lodge. —1889 Journal, 33, 122, 163. 1976. Resignation — Ballot. If a member sends to the Lodge a written resignation of his membership it must not be balloted on.— 1904 Journal, 368, 547, 562. 1977. Under charges and resignation. A member cannot resign from a Lodge w^hile charges are pending against him.— 1876 S. G. L. Journal, 7098; 1904 S. G. L. Journal, 524, 753, 820. 1978. Charges and resignation. If charges are preferred at the same meeting at which the resignation is tendered, the brother accused cannot resign. — 1904 S. G. L. Journal, 524, 753, 820. 1979. Resignation severs connection entirely. A writ- ten resignation severs the connection of a brother finally and entirely with the Order, provided he be in good stand- ing in his Lodge at the time of such resignation. When a 508 Memorial Day. brother has so separated himself from the Order, he is no longer in any respect subject to its jurisdiction. — 1849 S. G. L. Journal, 1449, 1440; 1904 S. G. L. Journal, 523, 757, 845. 1980. Resignation and Dismissal Certificate. A brother in good standing (that is, paid up) can tender his resigna- tion as a member of the Order, unless charges be preferred against him. He is not entitled to a Dismissal Certificate in that case. Dismissal Certificates can only be issued to mem- bers under suspension for non-payment of dues. — 1897 Jour- nal, 808, 1030, 1054. 1981. After resignation may re-apply. In case of resig- nation of a brother from the Order, he may apply again for admission at any time. — 1860 Journal, 64, 73. 1982. Notice of resignation. In case of the resignation of a brother from the Order, all Lodges in the district and the Grand Secretary shall be notified, but his name should not be entered in the black book. — 1860 Journal, 64, 73, 74. 1983. May solicit persons to become applicants. There is no law prohibiting the soliciting of persons to petition Lodges for membership, it is admissible and advisable to present to good citizens the advantages of the I. O. O. F. in a proper way, ask consideration and if they be favorably impressed, to request their application for membership. — 1889 S. G. L. Journal, 11482, 11728, 11786. (See Aged Odd Fellows.) MEMORIAL DAY. 1984. The day and its observance. The second Tuesday in June of each year is Memorial Day, and Lodges are requested to assemble and engage in appropriate memorial services respecting their deceased members. It is admissible for several Lodges to hold joint exercises at a selected Lodge-room or suitable hall. — 1889 S. G. L. Journal, 11761, 11794, 11482, 11728, 11786. Note. — The Grand Sire in con- is required to issue a memorial junction with the Grand Secretary, proclamation annually at least Mileage. 509 sixty days prior to the 10th day of may select such a day, and the of June. A Grand Lodge cannot Grand Master may issue his proc- fix any date other than that fixed lamation therewith — (1900S. G. L. by the Sovereign Grand Lodge for Journal, 813, 841, 874; 1899 Memorial Day, but if a different S. G. L. Journal, 41, 365, 394) . It day than the second Tuesday in is lawful to hold memorial ser- Jime be more convenient for any vices on Sunday — 1898 S, G. L. jurisdiction to hold such memorial Journal, 15749, 10030, 16059). services, the Grand Master there- (See Funds, Section 1515.) MILEAGE. 1985. Committee on Mileage a regular committee. There shall be appointed at each annual session of the Grand Lodge a regular Committee on Mileage from among the members present. — Constitution Grand Lodge, Art. VI, Sec. 2. 1986. Committee on Mileage and its duties. The Com- mittee on Mileage shall consist of five members, who shall, at each annual session of this Grand Lodge, ascertain what amount will be necessary to pay the mileage of the succeed- ing annual session, and to provide, in their report, for an as- sessment to be levied on the Subordinate Lodges of this juris- diction for that purpose. Such assessment shall be levied upon each Subordinate in proportion to the number of its members returned in the semi-annual report thereof of De- cember 31st of that year, and shall be on all members not sus- pended on that date. Said assessment shall be paid by the respective Lodges at the first meeting in January follow- ing, to the District Deputy Grand Master, or other officer authorized to receive the same, who shall remit it, without delay, to the Grand Secretary. — Constitution Grand Lodge, Art. VI, Sec. 11. 1987. The Representative Fund. At each annual com- munication of the Grand Lodge, an assessment shall be levied upon each Subordinate Lodge within this jurisdiction to raise a fund which shall be known as the Representative Fund. Said assessment shall be sufficient to raise such a sum of money as will defray the expenses provided for as 510 Mileage. follows: One Representative from each Lodge in this juris- diction, who shall attend the annual communication of the Grand Lodge and shall be present at all sittings of such annual communication, shall be entitled to and shall receive from the funds raised for such purpose the actual neces- sary traveling expenses, both in coming from and return- ing to his place of residence. — 1867 Journal, 336, 345; 1868 Journal, 496, 512. 1988. Excuses for non-attendance — Should remain till session closes. Resolved, That an.y Representative entitled to mileage in attendance at the annual session of this Grand Lodge, who fails to remain until the close of the session, unless he can furnish a written excuse signed by the Grand Master, shall forfeit his right to said mileage. Sickness of himself or family shall be the only excuse allowed. — 1894 Journal, 767. 1989. Payable the last day of session. Resolved, That hereafter Representatives to this Grand Lodge shall not be paid their mileage until the last day of the session of the Grand Lodge. Adopted as a standing resolution of this Grand Lodge.— 1900 Journal, 245. 1990. The mileage Representative. Where a Subordi- nate Lodge has failed to designate a Representative who shall be entitled to draw mileage and but one Representa- tive shall be present from such Lodge, the name of such Representative shall be entered on the special roll as the Representative entitled to mileage in such case. — 1868 Jour- nal, 476. 1991. Bill of items of actual traveling expenses required. Representatives to the Grand Lodge who may be entitled to mileage, are required to furnish with their respective certificates a bill of items of their actual traveling expenses, and the Committee on Mileage is authorized to have blanks prepared for the above named purpose. — 1874 Journal, 110. 1992. Expenses while in attendance not allowed. The Representatives to the Grand Lodge shall make their vouchers for only the actual mileage paid by them in com- Minutes and Records. 611 ing to and returning home from the Grand Lodge. No expenses while in attendance shall be included. — 1879 Jour- nal, 109. 1993. Mileage allowed from place of actual residence. Representatives to the Grand Lodge who do not reside at the location of the Lodge w^hich they represent, are allowed mileage only from the place of their actual residence; pro- vided, that mileage shall not be allowed or paid to any brother for a longer distance than the distance from his Lodge to the place of meeting of the Grand Lodge. — 1878 Journal, 942. 1994. Mileage — How computed. The computation of mileage shall be on the most direct route of first-class pass- age or traveling and at the cost of round-trip tickets or rates, or limited tickets where obtainable, to include sleep- ers both ways where necessary, and the Grand Secretary is instructed to have blank mileage certificates prepared in a manner to show the amount paid for sleepers, and to call the attention of Secretaries to this requirement in the printed blank mileage certificates sent to Lodges. — 1885 Journal, 409, 433; 1894 Journal, 750, 773. MINUTES AND RECORDS. 1995. Rules to be observed in keeping. The following rules are to be observed by Secretaries of Subordinate Lodges throughout this jurisdiction: 1. The record of every meeting should contain a caption containing date of meeting, name of Lodge, hour and place of meeting. 2. Xames of officers absent. 3. Approval of minutes of last meeting; or if amended, the amendments should here be written out in full on the minutes, and no erasure or alteration should be made of the minutes as written up. 4. All votes and resolutions passed by the Lodge, should be entered in full on the minutes, though the precise state of the vote need not be stated, unless the yeas and nays 512 Minutes and Records. be taken, when the names of all voting should be entered on the Journal. 5. An abstract or the substance of Treasurers' and Trus- tees' reports, and all reports in relation to finances of the Lodge, the annual and semi-annual reports should be noted or an abstract of the same entered on the Journal. 6. An abstract of all communications from the Grand Master and Grand Secretary shall be entered on the min- utes, and the originals numbered, and such number entered on the minutes, and the papers kept on file in the order of their numbers, provided, that the notices of suspensions, expulsions and rejections should be written up in the black book and the fact of their reception entered on the minutes. 7. The reports of all committees, or the substance thereof as the Lodge may order. 8. A brief statement of all the proceedings of the Lodge. 9. Receipts of the week. The above are not stated in the order in which they may come up in the Lodge, but Secretaries will understand that every matter of business will be noted as it arises in the Lodge.— 1859 Journal, 508, 509 ; 1868 Journal, 495, 511. 1996. Duty of Secretary. The Recording Secretary shall keep accurate minutes of Lodge proceedings; endorse and file all papers and documents pertaining to Lodge transac- tions; number serially and file all communications from the Grand Master or Grand Secretary, and enter an abstract thereof and the number on the minutes. — Constitution Sub- ordinates, Art. VII, Sec. 3. 1997. Not necessary for Noble Grand to sign. It is not necessary for the Noble Grand to sign the minutes, and there is no law requiring him to do so. The minutes, as read by the Secretary, are approved by the Lodge at each meeting. —1901 Journal, 410, 557, 562. 1998. Minutes should state the facts as they occur. The minutes of the Lodge should state the facts as they occur. They should be a truthful history of the proceedings of the Minutes and Records. 513 Lodge.— Matter of Modoc Lodge, 1896 Journal, 612, 613, 619. 1999. Minutes in case no quorum. It is the duty of the Reeordiug Secretary to enter in the minute book the date of each Lodge night, whether there be a quorum present or not. When there is no quorum present, he should note the names of those present, for in such cases, those who attend should receive credit. The minute book will then show a true statement. Thus: Lodge, No. , I. O. 0. F. Term, July , 18 . Present, Brothers , , and . No quorum present. , Secretary. —1863 Journal, 365, 410, 421. 2000. What are records. The records of a Lodge con- sist of all the books, papers, communications, reports, bills, bonds and other papers which come into the possession of the Lodge, and are requisite to preserve authentic and correct evidence of the acts and legislation of the same, and a Lodge must not mutilate any portion thereof. — 1859 Jour- nal, 447, 448, 529. 2001. Proceedings and testimony in trials are part of records. The minutes of the proceedings and testimony of a trial of a brother upon charges constitute a part of the records of the Lodge, and a brother desiring permission to in.spect them should apply to the Lodge. — Barnard vs. Hum- boldt Lodge, 1876 Journal, 450, 464. 2002. Minutes may be corrected, when and how. When the minutes of a Lodge come up for approval, they may be altered — that is, amended — if found incorrect, by a ma- jority of the members present entitled to vote, and not other- wise.— 1856 Journal, 220. 2003. Cannot be expunged. The regularly adopted proceedings of a Lodge cannot be expunged. — 1856 Jour- nal, 214. 2004. Cannot be erased. A Lodge cannot erase any por- tion of its minutes; they must be a truthful record of its .33 514 Monitory Committee— Moral Character. proceedings.— 1880 Journal, 259, 359, 375; 1887 Journal, 768, 875, 888. 2005. No act, vote or resolution should be omitted or erased. In no case should any vote or resolution, actually passed by the Lodge and ordered on record or file, be omit- ted or erased from the records, or taken from the file and placed beyond the jurisdiction of the Lodge, however erro- neous in spirit or unlawful in import. It may be rescinded or annulled at a future meeting, but the minutes and papers on file in the archives, relating to the act and its correction, should both appear. — 1859 Journal, 447, 448, 529. 2006. Lodge should not part with original records. Lodges have no right to part with any portion of their archives, or subject them to the risk of transportation, except when expressly required or permitted to do so by law. In almost all cases, copies only are called for, and, when this is the case, original papers should not go out of the close custody of the Lodge to which they belong. — Carr vs. North Star Lodge, 1862 Journal, 299, 318. 2007. Minutes as to visitors. Upon each occasion that an elective officer of the Grand Lodge introduces a visitor into the Subordinate Lodge the Recording Secretary should note the same upon the record. — 1857 Journal, 286. 2008. Appeals. The Recording Secretary should enter all appeals in full upon the record. — 1861 Journal, 196. (See Admission to One's Own Lodge.) MONITORY COMMITTEE. 2009. Prohibited. The By-Laws of Subordinate Lodges relating to Monitory Committees are annulled and Subordi- nate Lodges are prohibited from enacting By-Laws provid- ing for the creation of such committees. — 1868 Journal, 517. MORAL CHARACTER. 2010. Candidates for membership. All candidates for membership are required to be of good moral character. (See Membership.) Name of Person — Name of Subordinate Lodge. 515 MOTIONS. (See Order, Rules and Questions of.) NAME OF PERSON. 2011. Lodge cannot change name of a person. It is not competent for a Lodge, or any jurisdiction of the Order, to change the name of any person. Such power belongs solely to the civil authority.— 1862 Journal, 326, 332 ; 1863 Journal, 386, 410. 2012. Change of name upon Lodge records. In case the name of any member of the Order shall at any time appear — upon memorial duly presented by him — not to be his correct name, the Lodge may, upon motion duly made there- for, order such name (Ranged upon the records of the Lodge to his true name; provided, a motion therefor shall be sub- mitted in writing at least two weeks prior to action thereon ; and provided further, that two-thirds of the members pres- ent at the meeting of the Lodge consent thereto, and the Secretary shall report such action to the Grand Secretary, who shall report the same to all the Lodges in the jurisdic- tion. — Constitution Subordinates, Art. Ill, Sec. 8. (See Offenses.) NAME OF SUBORDINATE LODGE. 2013. Certain names cannot be chosen. The practice of allowing members of the Order to choose the name by which their Lodges, respectively, shall be known, is time-honored, and should not be disturbed for slight or trivial causes. The Grand Lodge has the right to refuse to confirm any name which may for any cause be unacceptable. No Lodge or Body within this jurisdiction is permitted to name its Lodge after the name of any living person in or out of the Order, or to give such names as Firemen's Lodge, American Lodge, Merchants' Lodge, or Laborers' Lodge. — 1854 Jour- nal, 70. (See Lottery.) 516 Name of the Order—Newspapers. NAME OF THE ORDER. 2014. Advertisements and business. The use of the name of the Order or its emblems in connection with business or advertisements is prohibited. (See Emblems; Lottery.) NEW LODGES. (See Charter.) NEWSPAPERS. 2015. No official organ. No newspaper is the official organ of the I. 0. 0. F. The Grand Lodge recognizes no official organ during recess, except the Grand Master. — 1889 Journal, 22, 120. 2016. No one authorized to designate an official organ. No person shall be authorized to designate any newspaper as the official or other organ of this Grand Lodge. — 1874 Journal, 119. 2017. Fraternal press. Resolved, That the Subordinate Lodges of the Jurisdiction of California are hereby author- ized to appropriate from their general funds for the pur- pose of subscribing for papers or journals exclusively devoted to Odd Fellowship. — 1904 Journal, 547. 2018. Publications of reports to Grand Lodge. It is improper for any officer of this Grand Lodge, or any mem- ber of the Order in this jurisdiction, to publish or impart for publication any report or extracts therefrom, intended or required to be made to this Grand Lodge, in advance of action thereon by this Grand Body, unless such publication have been specially authorized or directed. — 1872 Journal, 643, 644, 675. 2019. Publications of suspensions and expulsions. The publications of suspensions and expulsions in the public prints is discountenanced by the Grand Lodge. — 1855 Jour- nal, 156. Number of Lodge— Nurses and Watchers. 517 NEW TRIAL. 2020. Lodge may grant. The Subordinate Lodges may grant new trials in cases of charges, and a new investigation in cases of investigations as to benefits, and a new trial in case of reversal of judgment on appeal. (See Trials; Benefits; Appeals.) NUMBER OF LODGE. 2021. Charters — How numbered. Charters issued from this Grand Lodge shall be numbered consecutively in order of their issuance. — 1864 Journal, 540, 564. The Grand Lodge has permitted new Lodges to take the numbers of extinct Lodges.— 1885 Journal, 280, 378, 418; 1893 Journal, 268; 1895 Journal, 7, 8. 2022. Precedence in number. Lodges take precedence in numbers as they are instituted. — 1854 Journal, 64; 1864 Journal, 540, 564. NURSES AND WATCHERS. 2023. Watchers and nurses paid from Lodge funds — Regulation thereof. Grand Bodies may provide or permit their Subordinates to provide, by By-Law, that watchers and nurses, paid from Lodge funds, shall not be furnished to members who shall be so much in arrears for dues as to prevent them from receiving sick or funeral benefits. Grand Bodies may limit or permit their Subordinates to limit by By-Law the time for which such services of watchers and nurses paid from Lodge funds shall be rendered as may be deemed best for the interests of their Subordinates and their members in their several jurisdictions. — 1902 S. G. L. Jour- nal, 932, 954, 969; 1903 S. G. L. Journal, 29, 284, 314; 1903 8. G. L. Journal, 324, 396, 426, 427. 2024. The same. Grand Lodges may and are empowered to 80 legislate as to refjuire the same qualifications in order to entitle members to attentive benefits as are or may be required in order to entitle members to pecuniary benefits and all legislation in conflict therewith is repealed. — 1903 S. G. L. Journal, 324, 396, 426, 427. 518 Nurses and Watchers. 2025. No discrimination between members. If the By- Laws provide for nurse hire for a member, the Lodge can- not discriminate between brothers who are at the location of the Lodge, and those absent therefrom, but all members are equally entitled to the same. — Constitution Subordi- nates, Art. IV, Sec. 10. 2026. When Lodge must pay for nurse. A Lodge must pay for a nurse for one of its members when he is sick and under the care of another Lodge in the same or another jurisdiction when the brother's Lodge provides in its By- Laws for the payment of a nurse. — 1885 Journal, 383, 419. Note. — Where the By-Laws pro- its sick members when away from vide for a nurse for its sick mem- his home — (1892-1894 S. G. L. bers, a Lodge is liable for moneys Journal, 13121, 13126, 14128, expended for nurse hire for one of 14151). 2027. Accident while under influence of liquor. If a Lodge provide for nurse hire, and a brother meet with an accident while under the influence of liquor, he is entitled to such nurse.— 1897 Journal, 844, 994, 1034. 2028. When brother under care of another Lodge. If the By-Laws of a Lodge provide for the payment of a nurse, if the sick member be within the jurisdiction of his Lodge, the Lodge must pay if he be under the care of another Lodge.— 1891 Journal, 585, 690, 716. 2029. Hired watchers when brother under care of another Lodge. The By-Laws of a Lodge providing for hiring watch- ers and the amount to be paid when a brother is sick at home, though silent as* to the sickness when absent, author- izes a Lodge having the brother in charge away from his home to pay for watchers the same amount. — 1896 S. G. L. Journal, 14686, 14948, 15019. 2030. Nursing is attentive benefits. Where the By-Laws of a Lodge provide for employing nurses for the care of its members when sick, it applies equally to all members of the Lodge, whether entitled to sick benefits or not, except in case of and as prescribed by some law or By-Law as pro- I Nurses and Watchers. 519 Tided in Sections 2023 and 2024 of this Digest.— 1889 Jour- nal, 34, 122, 163. 2031. Attentive and pecuniary benefits. ''Attentive" and ** pecuniary" benefits are two separate and "distinct things. ''Attentive" benefits apply to visits, watching, nurs- ing and such care as is given a member by other members of a Lodge. "Pecuniary" benefits apply to all moneys paid for weekly or funeral benefits. "Pecuniary" benefits are due only to members who are in good standing and enti- tled to them, according to the By-Laws of the Lodge, and are paid to all alike, rich or poor, but only on a vote of the Lodge. The nursing of members, whether done by other members or by hired nurses, is an "attentive" and not a "pecuniary" benefit. "Attentive" benefits must be given all members as long as they are members of a Lodge, irre- spective of their standing, except in case of and as pre- scribed by some law or By-Law as provided in Sections 2023 and 2024 of this Digest.— 1897 Journal, 806, 1030, 1031, 1054, 1055; 1895 S. G. L. Journal, 14, 248, 14487, 14570. 2032. Where By-Laws authorize Visiting Committee to hire nurses. A Lodge has the right to make it the duty of its members to watch with sick brothers, or to hire nurses and to pay for their services out of the funds of the Lodge. And where the By-Laws of a Lodge authorize the Visiting Committee to hire nurses for sick brothers, sick brothers temporarily away from home and under the care of a Gen- eral Relief Committee, are entitled to the services of a nurse when in need of such, and the Relief Committee is legally entitled to be reimbursed by the Lodge for all moneys so expended. — Santa Cruz Relief Committee vs. Montezuma Lodge, 1882 Journal, 857, 881. 2033. When By-Laws authorize Noble Grand to employ nurse. If the By-Laws of a Subordinate Lodge provide that the Noble Grand shall see that the sick are properly cared for, and that he shall employ a nurse when in his judtrment it be deemed necessary, the Noble Grand of another Lodjfe, in whose care a brother of the first Lodge is, is 520 Nurses and Watchers. authorized by law to provide a nurse when in his judgment he may deem it necessary, and the bill incurred is a lawful one and should be paid. But the action of the Noble Grand of the second Lodge is binding only till the next meeting of the Lodge. The first Lodge cannot lawfully prohibit the other Lodge from continuing to employ a nurse, and is under obligation to pay the necessary nurse hire. — 1884 Journal, 168, 167 ; 1885 Journal, 383, 419. 2034. When nurse hiring at discretion of Noble Grand or Visiting Committee. If the By-Laws of a Lodge provide for nurse hire, and leave the engaging of a nurse to the dis- cretion of the Noble Grand or the Visiting Committee, then the Lodge is bound by their action. — 1897 Journal, 806, 1030, 1054. 2035. Reimbursement for nurse hire. The Lodge hav- ing in charge a sojourning sick brother, may, if its laws so provide, hire a nurse for the care of the brother, but is not entitled to be repaid therefor by the Lodge to which such brother belongs unless the By-Laws of that Lodge provide for the hiring and payment of nurses for the sick. — 1882 Journal, 812, 859, 882. 2036. The same. Lodge A can be compelled to refund to Lodge B, within this jurisdiction, money paid out for nurse hire in taking care of a member of Lodge A in good standing, when the By-Laws of Lodge A provide for the payment of nurse hire for its sick members ; more especially when Lodge A furnishes to Lodge B a copy of its By-Laws for its guidance.— 1877 Journal, 682, 699. 2037. The same. The Lodge having in charge a sojourn- ing sick brother whose Lodge has a By-Law which reads: "If the disease be contagious or infectious, in which case the committee shall employ a competent nurse, to be paid from the funds of the Lodge, provided further that in all cases by the direction of the Lodge, a nurse may be em- ployed to care for the brother, and paid from the funds of the Lodge," may, when proper, hire a nurse for the care I Nurses and Watchers. 521 of the sick brother, and is entitled, under the latter clause of said By-Law, to be repaid therefor by the Lodge to which the brother belongs. — Santa Lucia Lodge vs. Madison Lodge, 1905 Journal, 940, 964. 2038. Constitution and By-Laws control. Sick benefits, nurse hire and funeral expenses are regulated by the Con- stitution of Subordinates and by the By-Laws of the Lodge to which the brother belongs. He is of right entitled to receive only so much as the By-Laws of his Lodge allow, and such Lodge can be legally required to reimburse when the brother is under the care of another Lodge. All further aid is voluntarily extended as a charity, in the discretion of the Lodge bestowing it.— 1887 Journal, 846, 885. 2039. Employment of nurses — Question for Subordinates. The employment and payment of nurses to attend and take care of sick brothers is exclusively within the province of the Lodges, to be exercised without recommendation or man- date from the Grand Lodge. — 1872 Journal, 667, 684. 2040. When Lodge not liable for nurse hire. A Subor- dinate Lodge which at no time during the sickness of a brother was asked to furnish a watcher or nurse, and at no time during said sickness was a watcher or nurse so furni.shed, either by the Lodge or any of its officers, is not bound to pay a watcher or nurse hire bill otherwise con- tracted. The fact that an officer of the Lodge is notified that a nurse had been employed by the family, and such emplo>Tnent by the family reported to the Subordinate Lodge, does not in any way obligate the Lodge to pay such nurse, and more especially is this true when neither the brother nor his wife at any time made application to the Lodge or any of its officers for a watcher or nurse. — 1905 S. O. L. Journal, 218, 248. 2041. Ratifying employment of nurse. The Lodge having the right in the first instance to employ a nurse, it has the legal right to ratify that which has been done and in its judgment pay for sersices that have been actually 522 Nurses and Watchers. rendered. Whether the sick brother required a nurse, and whether the service was really performed and was worth the amount charged, were questions of fact to be deter- mined by the Subordinate Lodge. — Granger vs. Ventura Lodge, 1904 Journal, 523, 527, 528. 2042. Sick entitled to watchers till cease membership. A brother when sick is entitled to watchers until he ceases membership. The fact that he is disabled by the By-Laws from receiving benefits makes no difference, except in case of, and as prescribed by some law or By-Law, as provided in Sections 2023 and 2024 of this Digest.— 1856 Journal, 204 ; 1863 Journal, 440 : 1884 Journal, 112, 130. Note. — Night watching is a watch sick members within the form of attentive benefits — (1899 jurisdiction of the Lodge — (1902 S. G. L. Journal, 19, 365, 394). S. G. L. Journal, 530, 531, 977, There can be no limit to distantje 1002). to which brothers shall go to 2043. Before a member six months. A brother is entitled to watchers before he has been a member six months. — 1884 Journal, 112, 130. (See Sections 2023 and 2024.) 2044. Duty of brother to watch without pay. It is a bind- ing duty, imposed upon the members of the Order by our laws and principles, to watch with a sick brother without compensation, when called upon to do so, and without regard to the Lodge to which the sick brother may belong. — 1870 Journal, 268, 293 ; 1882 Journal, 812, 859, 882. Note. — Where a Lodge provides of such watchers is altogether for "night watchers" for sick mem- apart from the sick benefits due bers, this is to be considered as a under the general or local law — form of "attentive benefits," and (1893 S. G. L. Journal, 13257, any expense incurred in payment 13641, 13691). 2045. Sacred duty to watch. By the laws of our Order it is a sacred duty to watch beside the pillow of a sick brother. This feature of regular administration at the sick bed is one of the most valuable and it is one of the most Nurses and Watchers. 523 touching features of Odd Fellowship. — 1861 Journal, 159, 174. Note. — As to the duty of and out of their own jurisdiction, brothers when away from home see Section 2760 of this Digest. 2046. Notice to watch with the sick. Any member of a Lodge is competent to convey a message, or give notice, at the request of the proper authority, to a brother to watch with the sick. — Schlund vs. Mokelumne Lodge, 1863 Jour- nal, 404, 415. 2047. Sojourning sick brothers and watchers. A Lodge has the power to compel its members to watch with a so- journing sick brother, and has the right to engraft such a clause in its By-Laws. — 1868 Journal, 490, 503. 2048. Brother must not be excused, when. A Lodge can compel a brother to sit up and watch with the sick, who puts in a plea of sickness of himself, and holds a certi- ficate of a physician that it would be an injury to his health to do said duty — yet said brother is able to and does attend to his usual occupation and is not on the sick list of the Lodge. It may be admitted as injurious to the health of any one to sit up at night and lose his sleep, but no brother can ask to be excused from this duty on such certificate if the By-Laws of his Lodge require such duty. — 1872 Journal, 689, 690. 2049. Sickness caused by unnecessary exposure. Our laws compel us to furnish watchers for a sick brother, if in good standing, although his sickness were caused by un- neces.sary exposure.— 1862 Journal, 292, 338, 349. 2050. When sick cared for by Lodge members acting as watchers. No Lodge or Relief Committee that cares for its members by draft (that is by calling on the members to watch, etc.) shall be liable for the payment of nurse hire, unless said Lodge or Relief Committee shall have first authorized the payment of the same. — 1897 Journal, 806, 1030, 1054. 524 Nurses and Watchers. 2051. Notified to watch with sick brothers and excuse. A brother cannot, after he has been notified by the Visiting Committee to watch with a sick brother, absent himself without procuring a substitute, or without informing the Visiting Committee of his intention to be absent, and then claim to be excused for said neglect under the following By-Law, to-wit: **Any brother neglecting or refusing to watch with the sick or to procure a substitute, when re- quired by the Visiting Committee, shall be fined five dollars, except in case of absence, or sickness of himself or family." —1870 Journal, 267, 293. 2052. A sick Rebekah and watchers. A Subordinate Lodge cannot compel its members to watch with a sick sister of the Degree of Rebekah. — 1880 Journal, 503, 601, 627. 2053. Where a brother is guilty of immoral conduct. Where a brother is stabbed or otherwise injured while intoxicated, and the By-Laws of his Lodge are silent upon the subject, the question as to whether he be entitled to watchers is one more of propriety than of law. The dictates of humanity would suggest that the unfortunate brother should be properly looked after in his immediate peril, but after that is passed his conduct should be investigated, and if it appear that it was his own immoral and improper conduct that led to the injury, then he is not entitled to any consideration at the hands of his Lodge. The fraternal care and attention provided by our Order for its members in sickness and distress is not designed for those who so far forget their obligations as to bring sickness and distress upon themselves, — 1884 Journal, 14, 115, 153; 1887 Jour- nal, 885. 2054. When payment of nurse hire discretional. Where the By-Laws of a Lodge provide that nurse hire may be paid from the funds of the Lodge, if the circumstances and conditions of the sufferer require personal care and atten- tion, and a brother is in arrears for dues when taken sick, and is abundantly able to pay for a nurse, the payment Obituary Tablkt—Occupation. - 525 for nurse hire by the Lodge, under its By-Laws, is a matter entirely within its discretion.— 1887 Jouiral, 768, 898, 904. 2055. Wife not to be paid for nursing husband. It is illegal for a Lodge to pay a member's wife for nursing him while he is sick.— 1895 S. G. L. Journal, 14574, 14608. 2056. Wife or natural brother acting as nurse. Natural brothers are not bound to attend each other in times of sickness to such a degree as to preclude payment for such services. Such bounden duty undoubtedly subsists between husband and wife when living together as such, but whether the rule shall apply to natural brothers will depend entirely upon circumstances. The Subordinate Lodge is the sole judge of such a case, and it is proper for it to determine whether compensation shall be allowed. — Granger vs. Ven- tura Lodge, 1904 Journal, 523, 527, 528. 2057. Minor daughter nursing her father. Minor daughter of a brother and a member of his family is not entitled to be paid by a Lodge for nursing her father during his illness.— 1899 Journal, 24, 365, 394. (See also Relief Committee and Relief as to nurses and watchers.) OBITUARY TABLET. 2058. To be in each Journal. An appropriate obituary tablet shall be prepared, to be placed in the Journal, upon which shall be recorded in a fitting manner the decease of such members of this Grand Lodge as shall be announced at each session of this Body. Such record upon the obit- uary tablet shall be in lieu of resolutions relative to the death of members of this Grand Lodge, excepting Past Grand ^Masters and elective Grand Officers. — 1862 Journal, 318, 319. OCCUPATION. 2059. Right to choose. So long as a brother conducts himself properly and brings no disgrace to the Order, we 526 Odd Fellows' Hall— Odd Fellows' Home. have no right to dictate to him what occupation he should follow to earn a livelihood.— 1888 Journal, 1023, 1111, 1130. (See IMembership and Offenses, as to certain prohibited occupations.) 2060. Proposition for membership. The occupation of a person offered for membership must be stated in the proposi- tion. — Constitution Subordinates, Art. Ill, Sec. 1. ODD FELLOWS' HALL. 2061. Used for other purposes and dedication. A hall, used by Odd Fellows, may, if the Lodge so desire, be dedi- cated to the uses of Odd Fellowship, although used for other purposes. The propriety of so doing, where the hall is largely used for other purposes, is a matter of taste merely. —1878 Journal, 818, 928, 965; 1879 Journal, 32, 107. 2062. Dedication, dispensation unnecessary. It is not requisite for a dispensation to be granted to dedicate an Odd Fellows' Hall.— 1877 Journal, 582, 675, 697. (See Funds.) ODD FELLOWS' HALL ASSOCIATION. 2063. Articles of Incorporation and By-Laws. The Grand Lodge recommends a form of Articles of Incorpora- tion of an Odd Fellows' Hall Association, and also a set of By-Laws for such a corporation, which Articles and By-Laws and the report of the committee appointed to pre- pare the same, containing reasons and suggestions in regard to the matter, will be found on pages 165-171 of the Journal of 1900 of the Grand Lodge.— 1900 Journal, 165 to 171, 228. 2064. Liquor business. A Board of Directors of an I. 0. O. F. Hall Association can rent a portion of the building to a person who will sell liquors at retail. — 1904 Journal, 368, 534, 536. ODD FELLOWS' HOME. 2065. Establishment by Grand Lodge. The Grand Lodge in 1893 made provisions for the establishment of the Odd Odd Fellows' Home. 527 Fellows* Home in California by the enactment among other things of the following resolutions, and the election of Trustees accordingly : 2066. Trustees — Debts, contracts and liabilities. Resolvect, That a Board of five Trustees be elected by this Grand Lodge, who shall constitute a Board of Management, having full power to regulate its affairs, to make such necessary rules for the Home (subject to the approval of the Grand Lodge) and appoint such persons as officers and assistants as shall be required. That no Trustee shall receive any com- pensation for his services. But said Board of Management shall not have authority to make or create any debt, con- tract or liability for, or on behalf of this Grand Lodge ; nor shall this Grand Lodge be liable to said Board, or any other person, or to any of its members for any services, outlays or expenditures. 2067. Terms of Trustees and election — Report to Grand Lodge. Resolved, That the Trustees, immediately after being organized, devise ways and means to carry forward this project, to issue circulars, and to solicit such aid as may seem most desirable. That at first one Trustee shall be elected to serve five years, one for four years, one for three years, one for two years and one for one year; and at each subsequent session of the Grand Lodge, one Trustee shall be elected to serve for five years, unless removed by death or resignation, or by the Grand Lodge for cause. * * * * It shall be the duty of the Trustees to report annually to this Grand Body the condition of the Home and property under their charge. 2068. Odd Fellows* Home Fund— Secretary, Treasurer. Rcsohed, That the (irand Secretary of this Grand Body shall be Secretary of the said Trustees, and the Grand Treasurer, Treasurer of the same, until otherwise ordered by the Grand Lodge. The property shall be under the con- trol of, and the funds subject to the order of the Trustees, 528 Odd Fellows' Home. and shall be held and known as the Odd Fellows' Home Fund of California.— 1893 Journal, 368, 370, 399, 430. XoTE. — Since the adoption of the tion, and in 1896 amended the foregoing resolutions, the Grand same by making the Trustees Lodge in 1894 amended its Con- elective officers of the Grand stitution by providing that the Lodge — (1894 Journal, 734, 766; revenue of the Grand Lodge shall 1896 Journal, 560, 579, 622; Con- be raised for the support and stitution Grand Lodge, Art. VIII, maintenance of such an institu- Sec. 1, and Art. Ill, Sec. 1 ) . 2069. Deed of endowment. The Odd Fellows' Home of California was dedicated April 26, 1895.. and its deed of endowment, dated January 26, 1895 (giving and granting to the Trustees of the Home and their successors in the trust certain land and improvements thereon at Thermalito, Butte County, in trust for the uses and purposes of **a Home for Aged and Indigent Odd Fellows, their wives, widows and orphans"), is printed in full in Journal of the Grand Lodge of that year. — 1895 Journal, 153, 154. There is also a deed dated May 27, 1899, from the grantors in the deed of endowment, granting, etc., all the right, title, inter- est, reversions and remainders of the grantors in and to said real estate to the Trustees of the Home and their suc- cessors in office. This deed is printed in full in Journal of the Grand Lodge of 1900, pages 131, 132, and was first delivered in escrow, and the history and circumstances relat- ing to it and the resolutions of the Grand Lodge that the title under it has vested in the Trustees and directing that it be recorded, etc., appear in the Journals of the Grand Lodge.— 1899 Journal, 624, 625, 656, 667 to 670 ; 1900 Journal, 131, 154, 155, 175, 176; 1904 Journal, 474; 1905 Journal, 925, 963, 964. There is also a deed dated July 8, 1905, from the grantors in the deed of endowment to the Trustees and their successors in the Trust which is recorded in County Recorder's office of Butte County, and which vests in the Trustees and their successors the title and right and the authority and power to sell, grant, bargain, convey and dispose of the premises described in the deed of endow- ment, or any part thereof, absolutely, completely and en- tirely free from the trust, should the Grand Lodge so desire i Odd Fellows' Home. 529 and direct. This deed will be reported to the Grand Lodge in session and appear in its Journal of 1906. The Trustees have acquired additional pieces or lots of land in Butte County by other deeds, and have sold a part of this additional land in Butte County. — 1895 Journal, 155 ; 1896 Journal, 537, 538, 540 ; 1897 Journal, 947 ; 1898 Journal, 184; 1899 Journal, 555, 556, 564, 625; 1900 Journal, 151, 429, 430; 1904 Journal, 474. Deed of the White Tract in Santa Clara County to the Trustees of the Home received as a site for a new Home is printed in Journal of Grand Lodge of 1902, page 772. Leases of the White tract, agree- ment between Trustees of the Home and the San Jose and Santa Clara Railroad Company, deed of part of White tract to said Railroad Company, Trustees authorized to dispose of the White tract in Santa Clara County at the best possi- ble price.— 1902 Journal, 772, 847, 848, 850, 852, 853 ; 1903 Journal, 133 ; 1904 Journal, 486, 548, 561 ; 1905 Journal, 873, 925. 2070. Trustees thereof are elective officers of the Grand Lodge. The elective officers of the Grand Lodge shall be: 1st. Grand Master. ##*###* 8th. ''The five Trustees of the Odd Fellows' Home, for a term of five years, one of whom shall be elected each year to succeed the Trustee elected under the resolution of the Grand Lodge at the session of May, 1893, as the several terms for which said Trustees were elected shall expire." — Constitution Grand Lodge, Art. Ill, Sec. 1 ; 1896 Journal, 560. (See Bonds.) 2071. Claims against the Odd Fellows' Home Fund. Claims a^^ainst the Odd Fellows' Home Fund shall be exam- ined and audited by the Trustees of the Odd Fellows' Home, and be paid by warrants drawn upon said Home Fund by the President or the Board of Trustees, countersigned by the Grand Secretary. — Constitution Grand Lodge, Art. VI, Sec. 4. 34 630 Odd Fellows' Hume. 2072. Taxation for its maintenance. The revenue of this Grand Lodge shall be raised for the purpose of defraying the necessary expenses thereof, and the necessary expense of support of aged and indigent Odd Fellows, their wives, widows and orphans, whenever they shal* be supported at an Odd Fellows' Home, founded and maintained under the auspices, authorization or permission of this Grand Lodge, and the expense of furnishing and maintaining such Homes. — Constitution Grand Lodge, Art. VHI, See. 1. Note. — State Grand Lodges may and have the legal right and full establish and maintain Homes for power to make reasonable and aged and indigent Odd Fellows and necessary assessments upon its widows of deceased members of the Subordinates to provide and main- Order and Homes for the care, tain such Homes — (1894 S. G. L. protection and education of or- Journal, 14115, 14151; 1900 phans of deceased Odd Fellows, S. G. L. Journal, 513, 827, 873). 2073. Widows' and Orphans' Funds — Per capita tax — Grand Lodge. In jurisdictions where an Odd Fellows' Home is maintained the Grand Lodges of such jurisdiction are authorized to empower Subordinate Lodges to pay from the Widows' and Orphans' Fund of such Subordinate Lodges, all or any portion of the per capita tax levied by such Grand Lodge upon its Subordinates for the support of such Home, and further, to empower such Subordinate Lodges to pay from such Widows' and Orphans' Fund such sums as such Grand Lodge may determine to be necessary and proper for the support of such widows and orphans as may be placed in said Home upon request of such Subor- dinate Lodges.— 1905 S. G. L. Journal, 289, 320, 327. 2074. Right and authority of the Grand Master. Be it enacted by the Grand Lodge that the Grand Master shall have the right and authority, at all such times as he may deem expedient, to inquire into and examine, or cause to be examined, the books and accounts of, and all the affairs and matters concerning or relative to the Odd Fellows' Home and its management, and to require from the Board of Trustees of the Odd Fellows' Home, or its Superintendent, written information upon any matter or subject relative I Odd Fellows' Home. 631 thereto, and the right to submit such reports and recom- mendations to the Grand Lodge and to the said Board of Trustees as he may deem appropriate. — 1897 Journal, 1064. 2075. Receipts and expenditures. Resolved, That the Trustees of the Odd Fellows' Home be, and they are hereby instructed to submit with each annual report to this Grand Lodge a full and detailed statement for each year of the receipts and expenditures in connection with the manage- ment and conduct of the affairs and business of the Home. —1897 Journal, 1065. 2076. Inmates — Sick and funeral benefits and expenses and dues and assessments. No brother who shall have been admitted to the Odd Fellows' Home as an indigent, shall be entitled to sick or funeral benefits during the time he shall remain an inmate of the Home, but the funeral ex- penses allowed by the By-Laws of his Lodge, in case of his death and burial by the Home, shall be paid into the Odd Fellows' Home Fund. No brother shall be required to pay Lodge dues or assessments while an inmate of the Home as an indigent. — Constitution Subordinates, Art. IV, Sec. 4. 2077. A brother must consent to go to Home. An Odd Fellow cannot be required to go to the Home without his consent ; but if he do go there, while in the Home his Lodge is relieved from paying him benefits. — 1897 Journal, 1002, 1035. 2078. Sending brothers to the Home. Should a brother advanced in years become enfeebled from sickness, yet able to get around, and though indigent, but so reduced in physical strength that he considers it would be endangering his health to go to the Odd Fellows' Home, and his physician so advises, there is nothing which would compel him to go if his Lodge desired to place him in the Home, feeling as though the payment of sick benefits to him had become burdensome, and from which they desired to be released. —^896 Journal, 412, 581, 628. 532 Odd Fellows' Home. 2079. To be admitted, must be free from all charges. No brother is entitled to admission to the Odd Fellows' Home unless he be free from all charges against his name on the Lodge books.— 1897 Journal, 842, 994, 1034. 2080. Dues and assessments — Suspension. A brother in the Home is not required to pay dues and assessments, and therefore cannot be suspended during his stay at the Home, except for conduct unbecoming an Odd Fellow. — 1897 Journal, 806, 1030, 1054. 2081. Dues and assessments — Password — Good standing. A brother's dues should all be paid before he is entitled to admission to the Home, and while in the Home no dues are charged up against him. If he leave the Home, his dues begin again in his Lodge. He would, therefore, be entitled to the password all the time while at the Home. A brother cannot lose his standing while in the Hom6. — 1897 Journal, 807, 994, 1034. 2082. Password. As to the semi-annual password and orders for the same sent to inmates, see Sections 2547 and 2548 of this Digest. 2083. Resident thereof suspended and dues. When a resident of the I. O. O. F. Home is suspended therefrom for cause, for a fixed period of time or permanently, he is not during the term of such suspension a resident of the Home, and hence is not exempted from the payment of dues to the Lodge.— 1899 Journal, 665, 683, 686. 2084. Suspended inmate — Dues — Benefits. An inmate of the Odd Fellows' Home who is suspended for a limited time can, during such suspension, pay dues to his Lodge, and if sick or taken sick during such time, he is entitled to sick benefits, provided he has complied with the By-Law^s of his Lodge.— 1902 Journal, 749, 900, 917. 2085. Rules and regulations for its management. Such rules and regulations were adopted by the Board of Trustees of the Home and approved by the Grand Lodge, and are as follows : Odd Fellows' Home. 533 Preamble. The Odd Fellows' Home of California is es- tablished by the Grand Lodge, I. 0. O. P., of the State of California, under resolutions adopted by said Grand Lodge, at its session in 1893 (Journal, pages 370 and 399), under the management of a Board, consisting of five members, known as Trustees of the Odd Fellows' Home, "to consti- tute a Board of Management, with full power to regulate its affairs, to make such necessary rules for the Home (sub- ject to the approval of the Grand Lodge), and to appoint such persons, officers and assistants as shall be required, and to report annually to the Grand Lodge." Rule I. Officers and Committees. The Board of Trustees shall annually elect one of its own members as President, and one as Vice-President, and may, from time to time, ap- point such committees and prescribe their duties, as it shall deem best. The Grand Secretary shall be ex-oMcio Secre- tary of the Board, and the Grand Treasurer shall be ex-oMcio Treasurer thereof. Rule II. Superintendent and Matron. The Board of Trustees shall have power to appoint a Superintendent and Matron of the Home, to hold during the pleasure of the Board, and to fix their compensation. The Superintendent and Matron shall reside at the Home, and have general charge of the property of the Home, managing and caring for the same, and for the inmates of the Home, under the direction of the Trustees. Rule III. Duties of President and Vice-President. The President shall preside at all meetings of the Board of Trustees and be the executive officer thereof, and perform such duties as usually pertain to such office, and sign all warrants drawn upon the Treasurer. In the absence of the President, or in case of his inability to act, the Vice-Presi- dent shall perform the duties which appertain to the office of President. Rule IV. Duties of Secretary. The Secretary shall keep an accurate record of all the i)r()ceedings of the Board of 534 Odd Fellows' Home. Trustees, and an accurate account of all receipts and dis- bursements of moneys belonging to the Odd Fellows' Home Fund, and perform such other duties as such, as may be required of him by the Board of Trustees, or by the Grand Lodge, pertaining to the business of the Home. Rule V. Duties of Treasurer. The Treasurer shall re- ceive from the Secretary and safely keep and faithfully account for, and be responsible on his bond as Grand Treas- urer therefor, all moneys belonging or pertaining to the Odd Fellows' Home Fund, and pay the same out only upon the warrant of the President (or in his absence or inability to serve, of the Vice-President), attested by the Secretary. Rule VI. Funds — Disbursements — Reports — Finance Committee. All funds collected or received for the use of the Odd Fellows' Home of California, whether from sub- scription, gift, donation, or from assessment levied by the Grand Lodge, shall be paid over to and a record thereof duly made by the Grand Secretary, and be by him paid over to and deposited with the Grand Treasurer as Treas- urer; and such funds shall only be disbursed upon the war- rant of the President (or in case of his absence or inability to serve, of the Vice-President), attested by the Grand Secretary as Secretary. In eases of the payment of fixed salaries which have been established by the Board, or of fixed sums due upon contract already approved and estab- lished by the Board, warrants may be drawm for the amounts so fixed and established, when due and payable, but in all other cases, warrants shall not be drawn except in pay- ment of bills or claims duly presented to and audited and allowed by the Board of Trustees, or to meet appropriations first duly authorized by such Board. At every annual session of the Grand Lodge a full and complete report of all receipts and disbursements from the Odd Fellows' Home Fund, with an itemized statement of account and the vouchers therefor, shall be submitted for the inspection and examination of the Finance Committee of the Grand Lodge, and its report to the Grand Lodge thereon, together Odd Fellows' Home. 536 with a general report from the Trustees of the condition and management of the Home and of the property thereof. Rule Vn. Meetings — Quorum. Regular monthly meet- ings of the Board shall be held at the office of the Grand Secretary on the second Monday of each month, at two o'clock p. m., or if that shall be a legal holiday, then upon the next succeeding business day, at two o'clock p. m. (ex- cepting the meetings of April, August and December of each year, which meetings shall be held at the Odd Fellows' Home on the Saturday preceding the second Monday, at such hour as may be fixed by the President), for the audit- ing of claims and for such other business as may come before the Board. Special meetings may be held at such times or places as may be. ordered by the President, or by any two members of the Board. At all meetings of the Board the presence of at least three members shall be required to con- stitute a quorum for the transaction of business, and the concurrence of not less than three members shall at all times be required for the approval or adoption of any measure or claim requiring the action of the Board, — As amended by the Board, December 13, 1897. Rule VIII. Who to be admitted — Conditions of admis- sion. This Home is not founded, and is not to be used as a hospital for the care of persons temporarily disabled by- sickness or accident. Nor is it designed to take the place of the Lodge in the performance of the duty imposed by the elementary law of the Order, in the matter of caring for the sick, but it is rather to supplement the work of the Lodge, taking up the great work of benevolence and charity where the duty of relief and sick benefits ends, by caring for the infirmities of age, coupled with the misfortunes of poverty, and the helplessness of infancy, rather than for the afflictions of disease. It is established for the care and maintenance of members of the Order who are unable to earn a livelihood by reason of the infirmities of age and the chronic afflictions incident thereto, and are in indigent cir- cumstances, without other means of support; and of the 5S6 Odd Fellows' Home. infirm and helpless wives or widows of such, and of the helpless orphans of members of the Order, who are without other and proper provision for their care and education. Such persons, upon being admitted to the Home, and to the care and support of the Grand Lodge therein, will be cared for in sickness and in health, while they remain residents thereof, and will be required to relinquish all claims upon their respective Lodges for benefits, as a condition of their admission to and support in the Home. The funeral ex- penses, however, required by the Constitution, shall be paid to the Home on the death of a member who is a resident of said Home. Adult males, to be entitled to such admission as of right, must be aged, infirm and indigent, as hereinabove provided ; each must be at the time of his admission, and must have been for at least five years before such admission, a member in good standing in some Subordinate Lodge within the jurisdiction of the Grand Lodge of California, or must have been such in some defunct Lodge in said jurisdiction at the time of the surrender of the charter, and must present to the Board of Trustees, or to its authorized Committee on Admission, to be preserved among the records of the Home, a certificate signed by the Noble Grand and Secretary of his Lodge, and under the seal thereof, showing the fact of such membership in good standing, the date of his admission to the Lodge and his rank therein, his age, the fact that he is unable to support himself by reason of in- firmity, and is without other means of support, requesting on behalf of the Lodge that he be admitted to the Home, and certifying that as a condition of his admission he has relinquished all claim upon the Lodge for benefits while there ; and, also, a certificate from some reputable physician showing that he is not afflicted with insanity or acute or contagious diseases, and is not helpless from any chronic disease. In case the applicant be out of membership at the time, by reason of the fact that his Lodge is extinct, a certi- ficate as to the fact of infirmity and indigency, issued by the Noble Grand and Secretary of some Lodge in this juris- Odd Fellows* Home. i>S7 diction having knowledge of those facts, under the seal and by the authority of the Lodge, and a certificate from the Grand Secretary, showing the facts as to his membership and age, must be presented and filed with the Board, as aforesaid, with like physician's certificate. Such certificates approved by the Board, or its Admission Committee, shall prima facie entitle the applicant to admission to the Home as a non-paying resident thereof, whenever there is room for his accommodation and care ; but if at any time thereafter it shall be found that the certifying officers or the Board have been deceived as to the facts, and that the person is not one entitled to the care and maintenance of the Home, or if from any cause he shall cease to be indigent and become able to support himself, or he shall prove himself insubordinate, and persistently violate the reasonable rules of discipline of the Home, he may be dismissed therefrom. Aged, infirm and indigent wives of aged, infirm and in- digent Odd Fellows in standing in this jurisdiction, or the aged, infirm and indigent widows of Odd Fellows, who, at the time of their death, were members of Lodges in this jurisdiction, or aged, infirm and indigent widowed or un- married sisters of the Degree of Rebekah may be admitted to the Home upon satisfactory proof of the facts by certi- ficates, as above required, and subject to the same conditions as above prescribed for brothers. Orphans or half orphan children of Odd Fellows, who are, or who at the time of their death were, members in good standing in some Lodge in this jurisdiction, such chil- dren being under fourteen years of age, and without other suitable home or means of proper care, may be admitted and cared for in the Home at Thermalito, upon such proofs as shall be required by the Board, to be furnished by either Subordinate or Rebekah Lodges, and in the management, education and care of such orphans, the Board of Trustees may accept or call to their aid an Advisory Board, selected from among the sisters of the Degree of Rebekah, such selection to be made either by the Board of Trustees, or by the State organization of the sisters of the Rebekah Degree. 538 Odd Fellows' Home. Odd Fellows in good standing in Lodges of other juris- dictions, or the wives or widows of such, resident in the State of California, aged, infirm and indigent, as herein- above provided, not afflicted with insanity or contagious diseases, whenever and as long as there is room and accom- modation therefor without exclusion of those of our own jurisdiction, may be admitted and cared for at the Home upon such terms as may be prescribed by the Board of Trus- tees, and as shall in all cases protect the Home Fund from expense on account thereof. Rule IX. Admission of non-indigent Odd Fellows. Aged Odd Fellows, members in good standing in this jurisdiction, not indigent, may secure for themselves the right of resi- dence and care at the Home from month to month, for a fixed term or for life. The price to be paid for life member- ship shall be one thousand dollars; from month to month, or for other fixed term, such sum shall be charged as may be prescribed by the Board of Trustees, and as shall be sufficient to cover all the expenses of such care and main- tenance during the time the brother remains at the Home. Rule X. Rules of discipline. Upon the opening of the Home, and at any time thereafter, as experience shall demonstrate the necessity therefor, the Board of Trustees shall prescribe and establish such rules of discipline for the government of the officers, servants and inmates of the Home as in the judgment of the Board may be required. Rule XI. Wines and intoxicating liquors — Intoxication. No wines or intoxicating liquors of any kind shall ever be kept or furnished at the Home, or in or upon any of the buildings or grounds belonging thereto, to be used as a beverage, and none shall be permitted to be so used thereat or thereon. A violation of this rule by inmate or employee shall be sufficient ground of dismissal from the Home. Nor shall any person be permitted to remain at the Home in any capacity who is in the habit of becoming intoxicated else- where. Odd Fellows' Home. 539 Rule XII. Powers and duties of Superintendent. The Superintendent is the chief executive officer at the buildings and grounds of the Home. He shall have power to engage and discharge employees as authorized from time to time by the Board of Trustees, at such salaries as may be auth- orized, and in case of emergency, requiring extra help, may employ the same for the time being, reporting his action in such cases to the Board at the next regular meeting thereof, with his reasons therefor. He must preserve peace and order at the Home among both employees and residents, and take all necessary precautions for the preservation of the property under his charge, and the health and cleanli- ness of all persons residing therein. He must admit to the Home as residents all persons whose applications have been submitted to and approved by the Board. He shall at each regular meeting of the Board report the names of all persons who have been admitted as residents since the last preceding report, with age, rank, and the name and number of the Lodge to which such resident belongs, or on whose application he is admitted. If from information subsequently acquired, or from any cause, he shall conclude that any person admitted as a resident of the Home is not entitled to be or remain there, he shall report the facts and circumstances leading to such conclusion to the Board for investigation and determination, and if at any time during the interim between sessions of the Board of Trustees, by reason of drunkenness, or of violent or quarrelsome deportment, persistent vulgar, obscene conduct, or vulgar, profane or abusive language on the part of any resident, seriously affecting the peace and harmony of the Home, he shall have power, in his discretion, to suspend or dismiss the delinquent resident from the privileges of the Home, reporting his proceedings in regard thereto, and his reasons therefor, to the Board at its next meeting, and in the meantime the resident so suspended or dismissed must leave the Home. In case of an outbreak of contagious disease, he shall have power and it shall be his duty to take such measures 540 Odd Fkllows' Home. for the protection of others from exposure thereto, and for the proper care of the diseased one, as in his judgment shall be necessary, and as the circumstances of the case may re- quire, acting under the advice of the physician in that regard. In case of a violent and dangerous insanity, or of crime under the laws of the State, he shall have power, and it shall be his duty, to take such proceedings thereon, under the laws of the State as he shall deem necessary and proper. In case of the death and burial at the Home of a brother entitled to be buried with the honors of the Order, and other provision is not made therefor, he shall conduct the funeral, or cause the same to be done by some other quali- fied brother, according to the funeral ceremony of the Order, and cause the remains to be buried with proper ceremony, in the cemetery of the Home, and keep such record of all burials made from the Home as will enable proper identification of each grave whenever it may be desired; and he shall take charge of and safely keep, sub- ject to the claim of whomsoever may be lawfully entitled thereto, all the personal effects of such deceased brother, keeping an inventory thereof. Rule XIII. Duties of Matron. The Matron shall be the female head of the family at the Home, and perform the duties pertaining to that position, and shall be the assistant of the Superintendent in the care and management of the Home.— 1895 Journal, 192, 232 ; 1896 Journal, 609, 610, 611, 636. 2086. Duties of physician of Odd Fellows' Home. The Board of Trustees have adopted the following: Resolved, That the resident physician shall have charge of and be responsible for the hygienic and sanitary condition of the buildings and farm of ''the Home." He shall be charged with the care of the sick and disabled ; have charge of all nurses, with power to dismiss for neglect of duty or incompetency, in cases of emergency; but when the Super- Odd Fellows' Home. 541 intendent is at the Home, such cases shall be reported to him, and with him, or the Trustees, shall finally rest the power of dismissal. The physician shall make daily inspec- tion of each room occupied by a resident, also water closets, bathrooms, cellar, storerooms, kitchen, etc., and report to the Superintendent or Matron (as the case may require) any neglect of duty on the part of those charged with the care of any part or department of ''the Home." He shall present monthly reports to the Board of Trustees, showing -the number of cases treated, the sex of the patient, and the cause and duration of illness. He shall, upon the arrival of an applicant for residence at the Home, make a careful and thorough examination into the physical and mental condition of said applicant, and report same to the Board of Trustees. 2087. Certificate or application for admission to the Home. The Board of Trustees have prescribed forms of such certificate or application, to be signed by the Noble Grand of a Lodge, and attested by the seal and signed by the Secretary, and subscribed by the applicant. (See Forms Nos. 8 and 10 of the forms affixed to this Digest.) 2088. Medical certificate. The Board of Trustees has prescribed a form of medical certificate in regard to an applicant for admission to the "Home," to be signed by a physician and attested by the seal and signatures of the Noble Grand and Vice-Grand of a Lodge. (See Form No. 9 of the forms affixed to this Digest.) 2089. Certificate of life membership. (See Form No. 14 of the forms affixed to this Digest.) 2090. Rules of discipline for its government. The Board of Trustees of the Home have established such rules, and they are as follows: Rule 1. Wines and intoxicating liquors. Every resident and employee is required to carefully observe and conform to Rule XI of the Rules and Regulations prescribed by the 542 Odd Fellows' Home. Grand Lodge for the government of this Home, subject to the penalty therein prescribed. Said Rule reads as follows; INTOXICATING LIQUOBS. "RlTLE XI. No wines or intoxicating liquors of any kind shall ever be kept or furnished at the Home, or in or upon any of the buildinjrs or grounds belonging thereto, to be used as a beverage, and none shall be permitted to be so used thereat or thereon. A violation of this rule by inmate or employee shall be sufficient ground of dismissal from the Home. Nor shall any person be permitted to remain at the Home in any capacity who is in the habit of becoming intoxicated elsewhere." Rule 2. Liquors — Penalty. Any violation of Rule 1, as above provided, will subject the offender to reprimand by the Superintendent, Resident Director or President, and repeated violation of the rule shall subject the offender to dismissal from the Home. Rule 3. Giving or furnishing liquors. No visitor at the Home shall give or furnish to any resident or employee any alcoholic liquor, wine or beer. Any resident or employee having knowledge of a violation of this rule shall inform the Superintendent thereof, and the oft'ender shall there- after be denied the privilege of visiting the Home, and if a member of the Order, his offense shall be reported to the Lodge to which he belongs. Rule 4. Cooking. No cooking shall be allowed in any of the rooms of the Home except the kitchen, and special cooking at the request of residents or employees will not be allowed except upon notification to and consent of the Super- intendent or Matron or the Hospital Steward. Rule 5. Keeping rooms clean, etc. Each resident, if able, will be required to care for his or her own room, keeping it clean and in order at all times; and certified residents (being those who do not hold Life Membership) who are able to do more, are expected and required to contribute towards keeping down the expenses of the Home by assist- ing in other work about the premises according to their ability, under the direction of the Superintendent or Matron. Odd Fellows' Home. 543 Rule 6. Meals. Every person who is able to go to the dining-room is required to be prompt in attendance at meals. The hours for meals shall be determined by the Superintendent. Rule 7. Dining-room. No meals shall be served else- where than in the dining-room, except to those who are unable by reason of sickness, or other good cause, to attend at regular meals. Rule 8. Lights — Noise. Except when otherwise required by sickness, no lights will be allowed in any lodging-room after the occupants thereof have retired for the night, and all lights in lodging-rooms, and other unnecessary lights, must be turned off at seasonable hours, the same to be regu- lated by the Superintendent, from time to time, according to season, after which no loud or boisterous talking, laugh- ing, or other disturbing noises shall be permitted. Rule 9. Absence from the Home or meals. To the end that they may at all times be properly cared for, residents at the Home are requested not to leave the immediate vicinity of the Home without notice to the Superintendent or Matron, and no certified resident must leave the Home, to be absent any meal, without the previous consent of one of those officers. Such consent shall not be given a second time to one ivho returns under the iniluence of liquor. Cer- tified residents desiring to be absent from the Home over night, or for a longer period, must procure from the Super- intendent or Matron a written or printed leave of absence, showing consent, the name of the person to whom issued, with the name and number of his Lodge, and that he is a resident of the Home. Such leave shall not be issued, unless in the opinion of the officer granting the same the applicant therefor be in both physical and mental condition rendering it safe for him to travel alone, or his departure be taken in care of a relative, or a representative of his Lodge. Residents holding Life Memberships are at liberty to depart and return at pleasure, but the Superintendent or Matron should be advised of the party's intention in 544 Odd Fellows' Home. that regard, and they like all others must conform to the Rules of the Home in other respects. Rule 10. Baths. Every resident is required to take a bath at least once a week, and all residents and employees are required to so conduct themselves as to keep the Home and its surroundings in a neat, clean and healthy condition. Rule 11. Physician, medicine and nurse. A skilled phys- ician, hospital steward, medical dispensary and nurses as required are provided for the care of the health of the resi- dents at the Home, without expense to them. Residents are warned against the use of drugs or patent medicines, except when prescribed, but when medicines are required, they are expected and required to use them as directed by the physician. Rule 12. Proper conduct. Every resident and employeer is required to treat every other with respect, courtesy and kindness, and to be guilty of no act which will disturb the peace and harmony of the Home. Violations of this rule should be reported at once to the Superintendent, whose duty it is to enforce this and all other rules of the Home. Rule 13. Violation of rules and insubordination. Resi- dents and employees should remember that the penalty prescribed by the Grand Lodge for insubordination, or per- sistent violation of the reasonable rules of discipline of the Home, is dismissal therefrom. In cases of emergency, affecting the immediate welfare or peace of the Home, the Superintendent is authorized to exercise this power, and in all cases of repeated violation of the rules, or of any of them, he is required to report to the Board of Trustees for its action thereon. 2091. Additional Rules. (A) Money and valuables of brother admitted. Upon the admission of a resident to the Home, he shall deliver to the Superintendent any money and other valuables he may have on his person, taking a receipt for the same, which Offenses. 545 receipt he shall at once send to his Lodge. When the Super- intendent delivers to said resident any portion of the money or valuables originally received by him, he shall take a receipt for the same from the resident and forward said receipt to the Board of Trustees at the next regular meet- ing, and he shall be so instructed by the Superintendent. (B) Departing permanently from the Home. When a resident has been legally admitted to the Home, he or she shall not be allowed to depart permanently except upon the written authority of the Board of Trustees. (C) Voluntarily leaving the Home. Whenever a resi- dent voluntarily leaves the Home the Lodge to which such brother belongs shall be immediately notified by the Super- intendent, giving the date of such brother's leaving. (D) Leave of absence. A resident of the Home, on being granted a leave of absence, must deliver the key of his room to the Superintendent, and an absence of more than twenty days will cause the room to be declared vacant. (E) Intoxication. Whenever a resident of the Home shall become intoxicated, he shall be punished as follows: For the first offense, suspension for two months. For the second offense, suspension for four months. For the third offense, suspension for six months. For the fourth offense, he shall be expelled. OFFENSES. 1. What afe not offenses, page 545. 2. What are offenses, page 548. 1. WHAT ARE NOT OFFENSES. 2092. Collection of debts and private contracts. Our laws are not intended to be invoked for the collection of debts or for the punishment of oft'enses not of themselves clearly unbecoming an Odd Fellow. It is improper to make 546 Offenses. the Lodge the tribunal to enforce private contracts where no actual fraud appears; ordinary transactions where the courts afford a remedy and where the good name of the Order is not specially affected, and where public or private morals are not clearly violated, should not be brought in- side of the Lodge-room for adjudication. — Levey vs. Mag- nolia Lodge, 1871 Journal, 403, 404, 429. 2093. . Promises to pay pecuniary obligations. Members of the Order should not be held amenable to its penalties for a failure to comply with promises to pay pecuniary obli- gations. All grievances of this character are properly re- ferable to the courts of competent jurisdiction for a full and complete remedy. An attempt to collect debts or to enforce any kind of pecuniary obligations through the instrumentality of our code of trials, is subversive of justice and against the spirit and teachings of our Order, unless the obligation was incurred through some false pretense, or the transaction involved some act of personal dishonesty. — 1879 S. G. L. Journal, 8076, 8174. 2094. The mere owing of a debt no offense. The mere fact that a brother owes debts and has not paid them, or will not work for the creditor, so that what he earns may be applied to the satisfaction of the debt, do not constitute an offense. In matters of this nature, unconnected with any fraudulent, immoral or wrongful conduct, charges should not be preferred. — Cosgrove vs. Petaluma Lodge, 1877 Journal, 658, 666 ; Weill vs. Elmira Lodge, 1878 Jour- nal, 888, 913. 2095. Pecuniary obligations without false pretenses or fraudulent acts. Pecuniary obligations without false pre- tense or fraudulent acts, arising merely out of a brother's inability to pay his debts, are not the subject of charges and trials in our Order. — Hankerson vs. Santa Lucia Lodge, 1891 Journal, 665, 674. 2096. Private business matters. No person on being admitted to membership in this Order thereby loses any Offenses. 547 rights he had in possession as a citizen. His right to pro- tection by the civil authorities is not impaired by becoming an Odd Fellow; the laws of the land and the courts which administer them are the surest and most proper means by which justice can be obtained. Such questions of difference should not be attempted to be adjudicated by any authori- ties within the Order.— 1860 S. G. L. Journal, 3252, 3267. 2097. Paying a debt in legal tender notes. The payment of a debt by an Odd Fellow to another in treasury notes is not an offense by our laws* when the laws of our country recognize such payment as valid, unless there be a contract to pay in other money. Nothing in this decision shall be construed to mean that the Grand Lodge recognizes the right of any brother to violate his promise to a brother Odd Fellow, whether it be in writing or otherwise. — Smith vs. Pilot Peak Lodge, 1864 Journal, 549, 550. 2098. Exercise of a legal right. A persistent exercise of a legal right cannot be construed as conduct unbecoming an Odd Fellow. Thus, where the right is denied to the Xoble Grand or the Lodge to compel a brother to receive the password, the refusal of the brother to receive the pass- word, is not an offense, as there is no legal obligation requiring him to receive it. — 1876 Journal, 392, 474, 508. 2099. Sick benefits and fraudulent intent. A brother charged with accepting sick benefits, and also with claiming sick benefits, from the Lodge when not entitled thereto, must have acted with some dishonest motive or fraudulent intent, or have committed some wrongful act, in order to be guilty of an offense rendering him amenable to charges. — Kaufman vs. Germania Lodge, 1876 Journal, 472, 502; Hazen vs. Branciforte Lodge, 1887 Journal, 909, 910. 2100. Benefits and bad faith. To constitute an offense, the claim for hein'fits must be made in bad faith, the claim- ant knowing himself not to be so entitled and seeking to impose on the Lodge.— 1887 Journal, 910, 909. 548 Offenses. 2101. No law compelling brother to divulge name of offender. There is no specific law by which a member of the Order can be compelled to divulge the name of a brother whom he knows to have committed an offense against or to have violated the laws of the Order. — 1881 Journal, 500, 601, 627. 2. WHAT ARE OFFENSES. 2102. Offenses. Any member who shall be guilty of any immoral, dishonest, fraudulent or criminal act, or who shall violate any of the principles of the Order, or be guilty of conduct unbecoming an Odd Fellow, or offend against the Constitution, By-Laws or Rules of Order of the Lodge, shall be fined, reprimanded, suspended or expelled as the Con- stitution or By-Laws of the Lodge direct, or in absence of such direction as the Lodge may determine. — Constitution Subordinates, Art. VIII, Sec. 2. 2103. Gaining admission by false representations. If any person shall gain admittance to any Lodge upon a petition containing any false representations, he shall be expelled. — Constitution Subordinates, Art. Ill, Sec. 7. 2104. Brother unworthy at time of initiation. Charges can be preferred against a brother who was unworthy at the time of his initiation, and he may be tried and expelled. —1858 Journal, 383. 2105. Offense in Encampment. A brother committing an offense in another branch of the Order may be liable to penalty in the Lodge, although an act maj'- be single the offense may be several; but the place where the offense is committed must generally be immaterial. — 1860 Journal, 27. 2106. Crime against laws of the land. A brother who commits a crime against the laws of the country can be tried for conduct unbecoming an Odd Fellow, without regard to his prosecution by the people, and is presumed to be inno- cent until proven guilty, and therefore does not lose his standing in the Lodg6 until convicted. — 1877 Journal, 582, 678, 702. Offenses. 549 2107. Gaining admission by wrong name. Fraudulently gaining membership in the Lodge by assvmiing an alias name, thereby misleading the Investigating Committee and members from learning the reputation and character of the person. — Abou Ben Adhem Lodge vs. Mayhew, 1869 Journal, 101, 115. 2108. Embezzlement of Lodge funds. It is an offense for a Financial Secretary to convert Lodge funds to his own use. If the Lodge owe an officer, he has no right to pay himself out of the Lodge funds without action of the Lodge.— Kennedy vs. Wood, 1873 Journal, 843, 855. 2109. Embezzlement of Lodge Funds. An officer who uses the funds of the Lodge entrusted to his keeping for his own purposes violates his obligation and is guilty of an offense against the laws of the Order. No matter however honestly he may have intended to pay it back, the offense nevertheless is committed. It is a trust fund and must be sacredly kept for the purposes for which it was raised. — 1885 S. G. L. Journal, 9994, 10152. 2110. Embezzlement. Embezzlement is an offense against good morals, a crime and consequent violation of law, as well those of the State as of the Order, and is conduct unbe- coming an Odd Fellow.— 1893 S. G. L. Journal, 13434, 13563. 2111. Offer to return embezzled funds — False pretenses. After committing a wrong, a tender of the money does not condone the offense or stay prosecution. The funds of Odd Fellowship constitute a sacred trust devoted to the charit- able and beneficent purposes of the fraternity. He who converts them to his own use, or keeps or detains them in violation of his duty or of his trust, or obtains them from iiodges by false pretenses, or lays immoral or criminal hands on such funds, is guilty of a violation of the pure principles of Odd Fellowship, and of an offense in Odd Fellowship. — Knowles vs. Enterprise Lodge, 1897 Journal, 955, 977. 2112. Offer to return or return of embezzled money. The offer to return the money, or the actual return of the money 550 Offenses. to the Lodge or its owner, after its embezzlement or appro- priation, or the commission of an offense, is no defense to the charge, although the Lodge may, in the exercise of its discretion in the imposing of a penalty, give it such consid- eration as it deems proper. — Christensen vs. San Leandro Lodge, 1903 Journal, 125, 127, 154. 2113. Drunkenness is a gross offense. The offense of drunkenness is a gross one against the laws of our Order and its Ritual, and one that aff'ects the good name not only of the offender, but of all who are associated with him. — 1859 Journal, 487, 495 ; 1869 Journal, 67, 78 ; 1871 Journal, 428, 440; Sacramento Lodge vs. Gilday, 1871 Journal, 458, 470; 1874 Journal, 80, 84; 1876 Journal, 450, 464; Rogers vs. Fresno Lodge, 1877 Journal, 648, 665; Mann vs. Branci- f orte Lodge, 1878 Journal, 884, 913 ; Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. 2114. Habitual drunkenness or a single instance. A single instance of drunkenness is disgraceful to a brother and to the Order. — Sharpies vs. Industrial Lodge, 1877 Jour- nal, 650, 665. Drunkenness, whether habitual or in a single instance, is an offense in Odd Fellowship as the Grand Lodge has frequently declared. — Shiels vs. St. Helena Lodge, 1888 Journal, 99, 107 ; 1888 Journal, 1168. 2115. Drunkenness — Time — Place. Drunkenness is an offense against the Order at all times and in all places. — 1900 S. G. L. Journal, 797, 871. 2116. Penalty for drunkenness. The offense of drunken- ness is an offense in Odd Fellowship whicli justifies and gen- erally merits expulsion; yet the penalty appertains to the discretion of the Lodge. — Barnard vs. Humboldt Lodge, 1876 Journal, 449, 464; Rogers vs. Fresno Lodge, 1877 Journal, 649, 665; Mann vs. Branciforte Lodge, 1878 Journal, 884, 913; Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. 2117. Murder. Thou shalt not commit murder is the command of Odd Fellowship. — Billings vs. Eureka Lodge, 1891 Journal, 695, 697, 723. Offenses. 561 2118. Perjury. Perjury is clearly conduct unbecoming an Odd Fellow and is an offense. Applied to a case of per- jury, in the verification of an answer in a civil action. We have no legislation prohibiting a Lodge from entertaining the charge till the accused is tried and convicted of the crime by a legal tribunal. — Maulbatch vs. Pajaro Lodge, 1877 Journal, 659, 666. 2119. Introducing a woman of bad repute. A Subordi- nate has the power to expel a member for introducing a woman of bad repute to an Odd Fellows' festival, he having knowledge of her character. — 1875 S. G. L. Journal, 6609, 6688. 2120. Threats to black-ball. It is clearly conduct unbe- coming an Odd Fellow to threaten to black-ball any and all persons proposed for membership by certain brothers in the Lodge, without regard to the merits or qualifications of the applicants. — Tonkin vs. Marion Lodge, 1901 Journal, 511, 539. 2121. Improper conduct in Lodge. All members of the Order are in duty bound, while in the Lodge, to be gov- erned by the well-known usages of the Order, and in case of refusal, it is proper to prefer charges against them for conduct unbecoming an Odd Fellow. No member can claim indulgence, on account of his official position in the Order. —1868 S. G. L. Journal, 4241, 4374, 4404, 4414, 4430. 2122. Holder of Visiting Card borrowing Lodge funds and offense. A member of the Order in good standing, evidenced by holding an unexpired Visiting Card, issued in conformity with the laws of the Order by his Lodge or Encampment, and having the Annual Traveling Password, being in distress, or pretending so to be, and needing money, and who, having asked for and received from a Lodge or Encampment, or a member thereof, a sum of money under the assurance or promise that he will return or repay the same within a given time, or so soon as he returns home, but who shall neglect to do so after a reasonable time thereafter, 552 Offenses. without a satisfactory excuse being rendered, shall be deemed guilty of conduct unbecoming an Odd Fellow. Due notice of such facts having been officially communicated to his Lodge by the Lodge or Encampment so loaning him the money, it shall be the duty of his Lodge to notify him of such indebtedness or loan, and to demand payment there- of, and if he then refuse or neglect to pay the same, his Lodge shall prefer charges against him, try him, and, if found guilty and without sufficiently mitigating circum- stances, expel him from the Order. If there be such miti- gating circumstances, the Lodge shall impose such penalty as it may deem best.— 1874 S. G. L. Journal, 6310; 1875 Journal, 338. 2123. Urging litigation against a brother. The urging of litigation against a brother; stirring up a suit against him on the ground of dishonesty, especially when no such ground exists; preventing, for the sake of personal gain, a compromise that would be greatly to the advantage of a brother, are gross violations of the laws of Odd Fellowship. — San Juan Lodge vs. Moore, 1859 Journal, 489, 495. 2124. Suspended member refusing to retire. It is an offense for a suspended member to refuse, at the hour for opening the Lodge at the regular meeting night, to retire from the Lodge-room when requested by the Noble Grand. —Bay View Lodge vs. Turner, 1870 Journal, 256, 282. 2125. Debt due a Lodge — Non-payment of the same — Statute of Limitations. Notwithstanding a person may in a Court of Justice plead the Statute of Limitations of the State of California as a defense, or in bar, of an action to recover a debt, yet the debtor still owes the debt. Such Statute of Limitations does not and can not exempt an Odd Fellow in such case from his promise or pledged word to pay, or from the obligation of honesty and honor, or from fraternal obligations. The debt due the Lodge, if paid, belongs to the funds of the Lodge, which are a sacred fund — a trust fund, devoted to the relief of the sick, the burial of the dead, the education of the orphan, and the care of the Offenses. 553 widow. When a brother is indebted to a Lodge upon a promissory note, secured by a mortgage upon real estate, and such Statute of Limitations has run against the note and mortgage, and the brother has the ability to pay the debt due the Lodge, and the ability to renew the mortgage therefor, when the Lodge is willing thus to extend the loan, who neither pays the debt nor thus extends the loan, is guilty of an offense in Odd Fellowship. In this case the note and mortgage were given to the Trustees of the Lodge. — Jefcoat vs. Mineral Lodge, 1904 Journal, 528, 536. 2126. Owing money to Lodge, insolvency and Statute of Limitations. An Odd Fellow who borrows money from his Lodge is not morally excused from paying the same on account of the Statute of Limitations, or on account of the lapse of time, however long it may be. One who seeks that advantage, or who, while owing money to his Lodge, accepts pecuniary assistance upon condition that he shall not fulfill his moral and pecuniary obligations thereto, is guilty of an offense deserving expulsion. Applied to a case where a brother after his insolvency was assisted in his business by persons who exacted a promise from him, that he would not renew any of his old obligations, and on that account refusing to take any steps to pay or in effect promise to pay in the future. — Sutter Creek Lodge vs. Fifield, 1870 Journal, 261, 292. 2127. Borrowed money — Statute of Limitations. Where members indebted to the Lodge on notes for money bor- rowed from the Lodge, and which notes are outlawed and tke members are able to pay but refuse to make a satis- factory arrangement with the Lodge, either by payment or by giving the Lodge new security, charges should be pre- ferred. We should not keep in membership those who do not regard the sacred obligations of Odd Fellowship. — 1905 Journal, 744, 922, 936. 2128. Expelled member initiated under different name. Where a person, after conviction on charges, is expelled and aftenvards, under a different name, is initiated into » 554 Offenses. another Lodge of this jurisdiction and takes his With- drawal Card and joins another Lodge, and is Sitting Past Grand therein, he commits an oflPense against Odd Fellow- ship. Such expelled person cannot be legally initiated; charges should be preferred, and he should, after trial, be expelled.— 1871 Journal, 451, 452, 473. 2129. False statement by Noble Grand. A Noble Grand making a false statement to the Lodge that was intended to mislead the Lodge. — Balch vs. Occidental Lodge, 1878 Jour- nal, 894, 935. 2130. Bartender or saloon-keeper. If a member of the Order commence to attend bar or conduct a saloon, either temporarily or permanently, after September 18th, 1895, he is amenable to the laws of the Order for an offense and liable to charges and trial and the penalties prescribed by law. — Davisson vs. Suisun Lodge, 1897 Journal, 954, 977 ; Petition of Rosenbaum, 1900 Journal, 143, 176. 2131. Abandons liquor business and afterwards engages in it. If a brother who was heretofore engaged in the liquor business should, after September 18th, 1895, cease said business, and not engage therein for a period of time, but thereafter engages in the saloon business, or attends bar, or if in fact he were out of the business at the time the law was adopted, and thereafter takes it up again, he is amenable to the laws of the Order, and guilty of conduct unbecoming an Odd Fellow.— 1896 Journal, 414, 581, 628. 2132. Change from "bartender" to "saloon-keeper." A "saloonkeeper" is an owner of the liquor business; a "bar- tender" is an employe employed in such business. A change by a brother legally a "bartender" to that of a "saloon- keeper" is a violation of law.— 1898 Journal, 15802, 16134, 16154, 16155. It is illegal to retain as a member one who was a bartender at the time of the enactment of the amend- ment (Section 5, Article XVI, Constitution S. G. Lodge) and who has since purchased a saloon which he conducts himself with the aid of a bartender. — 1901 S. G. L. Journal, 29, 360, 371, 372. Offenses. 555 2133. Attending bar occasionally — No compensation. A brother who occasionally tends bar, two, four and six hours at a time, as an accommodation, and without compensation, violates the law.— 1904 Journal, 368, 534, 536. 2134. Acting as bartender, not for gain — Time and quan- tity. A brother cannot act as bartender, not for gain, to accommodate a friend who wishes to visit his family for a few days. No Odd Fellow can become a bartender for any purpose without violating the fundamental law of the Order. The Constitution of the S. G. Lodge, Article XVI, Section 5, reads ''bartender," without qualification or limi- tation as to time or quantity. — 1900 S. G. L. Journal, 800, 872. 2135. Hotel and liquor business. A brother who owns a half interest in a hotel and, at times of rush of business goes behind the bar and serves drinks is a saloon-keeper and subject to charges.— 1903 Journal, 23, 155, 180. 2136. Pecuniary interest in a saloon. A brother who since the amendment of 1895 (Section 5, Article XVI, Con- stitution S. G. Lodge) becomes the owner of a saloon or invests money in a saloon or purchases an interest in a saloon or has his name on the sign as *'A's Saloon," indi- cating ownership or interest, is a saloon-keeper, and violates the law.— 1903 S. G. L. Journal, 21, 284, 314, 22, 284, 314. 2137. Bartender in clubroom. A brother who tends bar in a clubroom, sells drinks to members of the club only, vio- lates the law if he engaged in the business since the amend- ment of 1895 (Section 5, Article XVI, Constitution S. G. Lodge).-- 1903 S. G. L. Journal, 19, 284, 314. 2138. Criminal dealer in or seller of liquors. A member who deals in or sells intoxicating liquors contrary to the penal law of a State or country is guilty of conduct unbe- coming an Odd Fellow and is amenable t(t the laws of the Order.— 1903 S. G. L. Journal, 19, 284, 314; 1896 S. G. L. Journal, 14678, 14948, 15019. (See, also. Membership as to saloon-keepers and bar- tenders.) 556 Offenses. 2139. Professional gamblers. Professional gamblers in violation of the laws of the State were, before the amend- ment (Section 5, Article XVI, Constitution S. G. L.), subject to discipline and expulsion. — 1896 S. G. L. Journal, 14678, 14948, 15019. 2140. Poolroom where pools are sold on races. A mem- ber regularly engaged in a poolroom where pools are sold on races, earning his living by acting as cashier or performing other duties incident to carrying on the business of a pool- room, is a professional gambler and is liable to charges for violating Section 5, Article XVI, Constitution S. G. Lodge. — 1901 S. G. L. Journal, 31, 387, 413. 2141. Criminal gambling. A member who is guilty of gambling in violation of the penal laws of a State or country is guilty of conduct unbecoming an Odd Fellow, and is amenable to the laws of the Order. — 1903 S. G. L. Journal, 19, 284, 314. 2142. Accidentally or improperly obtaining password and using it. Any member who, accidentally or surrepti- tiously, comes into possession of a password, when not en- titled to the same, because in arrears, or of any part of the secret work of the Order, and uses it to his own advantage, or otherwise violates his obligations, is guilty of conduct unbecoming an Odd Fellow.— 1895 Journal, 21, 237, 251. 2143. Rank and regalia of Past Grand. Unlawfully and falsely representing and pretending to a committee of a Lodge, or to the Noble Grand, or to officers and members of the Lodge, that one is a Past Grand and wearing the Past Grand's regalia, is an offense. — Clark vs America Lodge, 1899 Journal, 548, 549, 612. 2144. Counsel for claimant and offensive conduct. Coun- sel for claimant appearing before committee appointed under Section 5, Article IV, Constitution of Subordinates, to investigate a claim for sick benefits, in a state of intoxica- tion or committing before the committee any offensive or improper conduct, is guilty of an offense. — Nichols vs. Bran- ciforte Lodge, 1899 Journal, 603, 604, 613. Offenses. 557 2145. Revealing private business of Rebekah Lodge. A member of a Subordinate Lodge who is also a member of a Rebekah Lodge, and who in violation of duty reveals the private business of a Rebekah Lodge, is liable to charges in his Subordinate Lodge for so doing, and if found guilty may be fined, reprimanded, suspended or expelled, provided the private business does not relate to, or require any dis- closure of the work or secrets of the Degree of Rebekah. — 1898 Journal, 256, 257, 12, 278. 2146. Other offenses. The Grand Lodge has declared the following to be offenses: (1.) Maliciously and with intent to injure a brother in his business, procuring a third person to sue the brother and attach his property and thereby causing him to pay the expenses of such unnecessary proceedings. — Balducci vs. Gilroy Lodge, 1879 Journal, 76, 99. (2.) Vulgar, indecent and insulting language to a brother. — Balducci vs. Gilroy Lodge, 1879 Journal, 76, 99. (3.) Any indecent conduct toward the wife of a brother is an offense. — Millard vs. Mountain View Lodge, 1879 Jour- nal, 76, 77, 99. (4.) Solicitation of adultery made to the wife of a brother is an offense. — 1879 Journal, 76, 77, 99. (5.) Offensive, insulting and obscene or defamatory lan- guage of, and concerning a brother, may constitute an of- fense in Odd Fellowship, although the brother may not be present when the same is uttered. — Weller vs. Soquel Lodge, No. 137, 1892 Journal, 69, 90. (6.) Where a brother obtained funeral benefits by caus- ing a letter and certificate of his death to be sent to his Lodge, and years afterwards the Lodge ascertained that the brother was alive, he has thereby committed fraud and forgery, he is still a member of the Lodge and charges should be preferred and he should be tried and expelled. — 1894 Journal, 606, 607, 732, 771. 558 Offenses. (7.) Assault and battery on the person of a brother. — 1871 Journal, 406, 439. (8.) An assault with a deadly weapon on a public street. —California Lodge vs! Beck, 1866 Journal, 191, 210. (9.) Brutally beating and bruising one's son, or kicking one's son in such a manner as to endanger his life. — Castle vs. Oso Lodge, 1873 Journal, 864, 887. (10.) Attempting by threats and intimidation, to prevent a brother from prosecuting charges which he has filed in the Lodge. — California Lodge vs. Beck, 1866 Journal, 192, 210. (11.) Appropriating admission fee. — Mt. Davidson Lodge vs. Bodwell, 1865 Journal, 35, 41. (12.) Abuse of wife and children. — Sacramento Lodge vs. Gilday, 1871 Journal, 458, 470 ; Bidwell Lodge vs. Price, 1873 Journal, 856, 864. (13.) Acting as second in a duel. — 1856 Journal, 208. (14.) Calling a brother a thief and liar in public m an angry manner. — In re Bagnell, 1870 Journal, 228, 280. (15.) Calling a brother a liar in open Lodge. — California Lodge vs. Livingston, 1870 Journal, 257, 291, 292; 1898 Jour- nal, 167, 198. (16.) Causing the wife of another to leave her husband under promise of receiving her in one's house and marrying her, and by means of these promises inducing her (to use the words of the charge) "to leave the ways of a virtuous woman." — Conrad vs. Orpheus Lodge, 1878 Journal, 895, 935. (17.) Calling a brother profane and vulgar names. — Covenant Lodge vs. Maus, 1871 Journal, 406, 439. (18.) Defaming the character of a brother's wife. — Lansdon vs. Annally Lodge, 1860 Journal, 43, 44. Offenses. 659 (19.) Desertion and abuse of family. — El Dorado Lodge vs. Mucke. 1866 Journal, 170, 174 ; Castle vs. Oso Lodge, 1873 Journal, S6^, 887. (20.) Disorderly conduct on the streets, and fighting and profane language. — Barnard vs. Humboldt Lodge, 1876 Jour- nal, 450, 464. (21.) Defrauding the widow of a brother. — Vacaville Lodge vs. Eversole, 1871 Journal, 433, 470. (22.) Embezzlement of money of cemetery association by superintendent. — Bay View Lodge vs. Turner, 1869 Journal, 66, 78. (23.) Feigning sick, and attempting thereby to obtain sick benefits. — California Lodge vs. Livingston, 1870 Jour- nal, 257, 291, 292. (24.) Fraud and fraudulently obtaining goods by false representation. — Bay City Lodge vs. Ephraim, 1861 Journal, 154, 166. (25.) A teller fraudulently misreading the ballots to secure the election of a brother. — Yerba Buena Lodge vs. Collins, 1869 Journal, 94, 116, 123. (26.) Failing to serve as a watcher vvith a sick brother, having been duly notified so to do. — Yerba Buena Lodge vs. Fonda, 1866 Journal, 169, 174. (27.) Indecent behavior, and indecent and vulgar lan- guage under intoxication, on a public street and in the presence and hearing of respectable ladies and others. — Toman vs. Tuolumne Lodge, 1870 Journal, 227, 251. (28.) Insulting language towards brothers of the Order, and contemptuous language in open Lodge. — Rattenberry ▼8. Capitol Lodge, 1870 Journal, 261, 292. (29.) An insolvent, with fraudulent intent, purchasing goods with intent to have them attached for his own per- sonal benefit. — Spiegal vs. Bay City Lodge, 1863 Journal, 402, 414. 560 Offenses. (30.) Injuring a brother in his business, and deceiving him. — Humphrey vs. San Andreas Lodge, 1858 Journal, 356. (31.) Language in open Lodge attacking the character of a brother. — Brooklyn Lodge vs. Burgess, 1857 Journal, 246, 247 ; Brooklyn Lodge vs. Henderson, 1868 Journal, 477, 501, 502. (32.) Publication of a libel on a brother. — Powers vs. Suisun Lodge, 1867 Journal, 331, 349. (33.) Seduction. — San Francisco Lodge vs. Neuval, 1871 Journal, 405, 439. (34.) Seduction under promise of marriage of an un- married female of previous chaste character in violation of Section 628 of the Penal Code of the State of California is an offense in our Order.— ^Dunbar vs. Chorro Lodge, 1900 Journal, 134, 135, 176. (35.) Self-confessed libertine.— 1871 Journal, 405, 439. (36.) Slander of a brother in wantonly charging him with dishonesty. — Red Bluff Lodge vs. Porter, 1860 Journal, 33, 34. (37.) Slander in charging a brother with perjury. — Forest City Lodge vs. Gould, 1861 Journal, 153, 166. (38.) Slander of a brother. — Price vs. Magnolia Lodge, 1863 Journal, 400, 414. (39.) Slandering and uttering falsehoods about a brother by falsely reporting that he had informed a rejected candi- date that a certain brother had cast a black-ball. — Goodale vs. Havilah Lodge, 1870 Journal, 226, 250. (40.) Vilifying a brother and speaking disrespectfully and harshly of one's Lodge, both to members and persons not members of the Order. — Ukiah Lodge vs. Morse, 1872 Journal, 562, 653. Officers of Grand Lodge. 561 (41.) Calling a brother a swindler in the presence of others. — Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. (42.) Revealing to a person not a member the transac- tions of a Lodge. — Ukiah Lodge vs. Morse, 1872 Journal, 562, 653. (43.) Wilfully neglecting to sit up with the corpse of a brother during the night, after being notified to do so by the Noble Grand of his Lodge, or to furnish a substitute to perform said duty. — Napa Lodge vs. Israelsky, 1871 Jour- [ nal, 427, 440. (44.) Wilfull, deliberate falsehoods, to deceive a Lodge. — California Lodge vs. Livingston, 1870 Journal, 257, 291, 292. (45.) Writing or copying the charge in Degree of Re- bekah.— 1870 Journal, 279, 280, 296. (46.) Violating the penal laws of the land, or committing a crime. — Sacramento Lodge vs. Gilday, 1871 Journal, 458, 470; Knowles vs. Enterprise Lodge, 1897 Journal, 955, 961; Dunbar vs. Chorro Lodge, 1900 Journal, 134, 135, 170. (47.) Threatening the life of the complainant, if he per- sisted in prosecuting charges. — California Lodge v^. Beck, 1866 Journal, 192, 210. (48.) Keeping opium place in violation of city ofdinance. —1884 Journal, 104, 133. (See Ritual; Lottery; Trials.) OFFICERS OF GRAND LODGE. 1. Qualifications, nominations, election, appointment, re- moval, vacancies, general provisions and decisions, page 562. 2. Grand Master, page 568. 3. Grand Secretary, page 574. 4. Grand Representatives, page 578. 5. Other Elective Grand Officers, page 579. 6. District Deputy Grand Master, page 580. . 7. Tnistees. (See Trustees.) 562 Officers of Grand Lodge. 1. QUALIFICATION, NOMINATION, ELECTION, AP- POINTMENT, REMOVAL, VACANCIES, GENERAL PROVISIONS AND DECISIONS. 2147. Elective Officers. The elective officers of the Grand Lodge shall be : First, Grand Master ; Second, Deputy Grand Master; Third, Grand Warden; Fourth, Grand Secretary; Fifth, Grand Treasurer; Sixth, Grand Representatives to the Sovereign Grand Lodge; Seventh, Three Trustees; Eighth, Five Trustees of the Odd Fellows' Home, for a term of five years, one of whom shall be elected each year to suc- ceed the Trustee elected under the resolution of the Grand Lodge at the session of May, 1893, as the several terms for which said Trustees were elected shall expire. — Constitu- tion Grand Lodge, Art. Ill, Sec. 1. Note.— The attainment of the (1853-1855-1885 S. G. L. Journal, Royal Purple Degree cannot be 1922, 1957-2479, 2503-10098, made a necessary qualification 10175). for the office of Grand Master — 2148. Appointed Officers. The appointed officers shall be: ^^ Grand Chaplain, Grand Marshal, Grand Conductor, Grand Guardian, Grand Herald. District Deputy Grand Master for each district. — Consti- tution Grand Lodge, Art. Ill, Sec. 2. 2149. Election of Grand Master. A Grand Lodge can elect its Grand Master from the floor without previous ser- vice in office, unless there is some provision in its Constitu- tion making the brother ineligible. — 1905 S. G. L. Journal, 39, 219, 243. 2150. Qualifications of elective Grand Officers. No one shall be eligible for any elective Grand Office unless he be qualified to become a member of the Grand Lodge, and have attained such degrees as by virtue of his office he may confer upon others. — Constitution Grand Lodge, Art. Ill, Sec. 4. Note. — A provision in a State Grand Lodge cannot be elected to Constitution that members of a office therein until one year after Officers of Grand Lodge. 663 their admission to membership S. G. L. Journal, 8090, 8176, therein is illegal— (1879-1887 10937, 10978). 2151. Qualifications of officers of the Grand Lodge. A Past Grand who is not a member of the Grand Lodge is ineligible to appointment as Grand Secretary. No one can be an officer of a Grand Lodge who is not in fact a member of that Grand Lodge. To be a member of a Grand Lodge a Past Grand must have been admitted and had the Grand Lodge Degree conferred upon him, and this cannot be done except by the Grand Lodge when in session. — 1903 S. G. L. Journal, 41, 284, 314. 2152. Officers must have secret work. One of the im- portant and necessary qualifications to be possessed by candidates for the office of Grand Warden, Deputy Grand blaster, and Grand Master shall be a perfect acquaintance with the secret work of the Order before their installation. —1882 Journal, 870. 2153. Consent of nominee must be obtained. In the nomination of officers, members are required to obtain the consent of those they name before presenting their names for officers of the Grand Lodge. — 1863 Journal, 440. 2154. Promise from nominee for Grand Representative required. Every candidate of the Grand Lodge who shall be proposed as a candidate for the office of Grand Repre- sentative is required to state, upon his honor, whether or not he intends (if elected to the office) to return on or before the 1st day of January next succeeding his election. —1859 Journal, 502, 510, 531. 2155. Time and manner of nomination and election — Tellers — Count and canvass. The election for elective officers of the Grand Lodge shall be held at 10 o*clock a. m. on the third day of the session, by ballot, in the following manner: When open in that order of business, each Past Grand present having the privilege to nominate, there shall be provided a ballot box, in which to deposit the ballots, and all shall proceed to vote; and when all have voted that wish, o64 Officers of Grand Lodge. the Grand Master shall proclaim the ballot closed. Nomina- tions shall be made for all offices to be filled before balloting: for any is commenced. After the nominations, and before balloting commences, there shall be appointed by the Grand Master four tellers for each office for which there is more than one person in nomination. The Grand Lodge shall then immediately proceed to successively ballot for each and every office to be filled, and the tellers appointed for the respective contests shall receive the votes on such contest and shall retire to the ante-room, or to some part of the Grand Lodge room, where they will not interfere with the business of the Grand Lodge, where they shall publicly count and canvass the votes, and shall, immediately upon the conclusion of the same, report the result thereof to the Grand Lodge. While the tellers are counting and canvass- ing the votes, the Grand Lodge may proceed with its other business, and it shall always be in order to receive the report of the tellers and declare the result thereof, and imme- diately take another ballot if no election has resulted, which ballot shall be confined to the three having the greatest num- ber of votes (provided there are three voted for), and if there then be no choice, the ballot shall be confined to the two receiving the greatest number of votes. Any Past Grand qualified, having received a majority of votes, shall be declared elected, and shall be installed into his respective office on the last day of the session. Provided, that in all cases where only one person is in nomination for an office, the election may be held z'iva voce. Provided, also, that the Grand Lodge may, after a four-fifths vote, install any officer or officers at any time after his election, but the duties of said officer or officers shall not commence until the last day of the session. — Constitution Grand Lodge, Art. Ill, Sec. 3. 2156. Balloting for Grand Officers and collectors of bal- lots. When a ballot is being taken at an election of officers in the Grand Lodge every person in the room, except the col- lectors, shall be required to be and remain seated during the taking thereof; and the Grand Master shall appoint a suffi- Officers of Grand Lodge. - 665 cient number of collectors to assign one for each row of seats; and the collectors shall simultaneously start from the head of the room (that nearest the Grand Master's station) and proceed together to collect the ballots in order from the brothers in their respective rows of seats, and from no others, and shall immediately deposit the same with the tellers. — Adopted as a standing Rule of Order of the Grand Lodge.— 1902 Journal, 925, 941, 942, 945. 2157. Bonds. — As to the bonds required of Grand Officers and Trustees, see Section 718. 2158. Previous service in office. The Grand Lodge will hereafter ignore the practice of electing, as a matter of course, the Deputy Grand Master to the office of Grand Master, and the Grand Warden to the office of Deputy Grand Master, but will elect officers without regard to their previous service in office. — 1870 Journal, 262, 263. 2159. Appointed officers, how appointed. The appointed officers shall be appointed by the Grand Master, by and with the consent and approval of this Grand Lodge, after his installation. — Constitution Grand Lodge, Art. Ill, Sec. 5. 2160. Grand Officers, pro tern. The Grand Master may appoint all Grand Officers pro tern. — Constitution Grand Lodge, Art. IV, Sec. 1. 2161. Past Grand and appointed office. The Grand Mas- ter may appoint a Past Grand a member of the Grand Lodge who is not a representative to an appointed office. — 1869 Journal, 114, 117 ; 1903 S. G. L. Journal, 41, 284, 314. (See Sections 2150 and 2151.) 2162. Vacancies, how filled. The Grand Master may suspend a District Deputy Grand Master from office for neglect of duty, and vacancies in such office, from any cause, shall be filled by the Grand Master. Vacancies in the other Grand offices, except that of Grand Master, shall be filled by the Grand Lodge, if in session ; if not, then by the Stand- ing Committee, for the remainder of the term ; provided^ that 566 Officers of Grand Lodge. in case of vacancy in the office of Grand Representative or of Trustee of the Odd Fellows' Home, the appointee of the Standing Committee shall only hold until the succeeding session of this Grand Lodge. — Constitution Grand Lodge, Art. V, Sec. 4. 2163. Withdrawal Card does not vacate office, when. An officer of the Grand Lodge does not vacate his office by taking a Withdrawal Card, if the same be immediately de- posited in the Grand Lodge, accompanying the application for a new charter; provided, that while holding such With- drawal Card, and until such new Lodge be established, such person can discharge no official act. — 1857 Journal, 250, 251. Note. — An officer of a Grand During the time between his tak- Lodge may take a Withdrawal ing the card and depositing it in Card without vacating his office, another Lodge, the discharge by though he do not intend to change him of the functions of his office is his residence, if within one month suspended, to be revived upon the he shall deposit it in and join a deposit of his Withdrawal Card Subordinate Lodge— (1889 S. G. L. as aforesaid— (1892 S. G. L. Jour- Journal, 11487, 11728, 11786). nal, 12790, 12791, 13050, 13076). 2164. Suspension for cause vacates office. An elective officer of a State Grand Lodge was suspended for three months in his Subordinate, after trial and conviction on charges of conduct unbecoming an Odd Fellow. This vacated his office, and it should be filled in the mode pro- vided in the Constitution of the Grand Lodge, and he would not be restored to his office at the end of his suspension, unless the Constitution so declared. — 1879 S. G. L. Journal, 7909, 8072, 8173. 2165. Trial and removal for misconduct or neglect. Any Grand Officer may be removed from his office by the Grand Lodge for misconduct or neglect of duty, but he shall be entitled to a fair trial, and two-thirds of the votes of the members present shall be necessary for removal. — Constitu- tion Grand Lodge, Art. V, Sec. 1. 2166. Who to occupy the chair during time of trial of Grand Master. Whenever the Grand Master, or officer act- Officers of Grand Lodge. 567 ing as such, shall be on trial, or whenever a resolution for the removal of the Grand Master, or officer acting as such, shall be submitted, the Grand Lodge may direct any Past Grand Master, in case the Deputy Grand Master or Grand Warden are incapacitated, to occupy the chair. — Constitu- tion Grand Lodge, Art. V, Sec. 2. 2167. Duties of appointed officers. The appointed officers of this Grand Lodge shall perform such duties as are required by their charges and usages of the Order. — Constitution Grand Lodge, Art. IV, Sec. 8. 2168. Candidates electioneering. Electioneering for the purpose of obtaining an office from this Grand Lodge is a violation of the high and pure principles of Odd Fellow- ship, and should receive the condemnation and disappro- bation of every member of the Order, and secure the cer- tain defeat of every candidate resorting to such evil prac- tice to secure an election to any office within the power of this Grand Lodge to confer. — 1875 Journal, 278. 2169. Electioneering in Grand Lodge. The distribution of election cards in his own behalf, the solicitation of votes for himself, and similar electioneering practices, by a candi- date for office in this Grand Lodge, are in conflict with the usages of the Order and repugnant to the spirit of Odd Fellowship, and shall not be permitted at sessions of the Grand Lodge. — Adopted as a standing Rule of Order of the Grand Lodge.— 1902 Journal, 925, 941, 942, 945. 2170. Electioneering circulars and papers. Ballots at the election of Grand Officers headed "People's Ticket" and all papers of an electioneering kind are to be earnestly con- demned. It is an introduction into the Order of a part of the machinery of politics which cannot be too sternly repro- bated. If practiced, it will sap the foundations of the Order and convert the temples dedicated to Friendship, Love and Truth into dens of corruption and hate. — 1876 S. G. L. Jour- nal, 7019, 7074. 568 Officers of Grand Lodge. 2171. The same — Grand Lodge's authority to prohibit. A Grand Lodge has the right to forbid by law the issuing of electioneering circulars by Subordinate Lodges or indi- vidual members of the Order within its jurisdiction, advocat- ing or condemning brothers as candidates for Grand Officers. —1899 S. G. L. Journal, 18, 365, 394. 2. GRAND MASTER. 2172. Duties. The Grand IMaster shall preside at all sessions of the Grand Lodge, and preserve order therein, and enforce a due observance of the Constitution and By- Laws of the Sovereign Grand Lodge, and of this Grand Lodge. All questions of order, and all decisions made by him on any point growing out of the Constitution or By- Laws of this Grand Lodge, shall be subject to appeal from his decision to the Grand Lodge; and it shall be his duty to put the question on all such appeals to the Grand Lodge. He may appoint all Grand Officers pro tern, and all com- mittees not otherwise provided for in this Constitution, or ordered by the Grand Lodge. He shall give the casting vote in all cases where the votes are equally divided, ex- cept in cases of election of officers. When any demand shall have been approved by a majority of the Finance Committee, he shall order the Grand Treasurer to pay the same. — Constitution Grand Lodge, Art. IV, Sec. 1. Note. — Upon principle a Grand Subordinate Lodge are such as Master should not hold office in might be inconsistent with the his Subordinate Lodge such as proper discharge of his duties as Vice-Grand or Noble Grand. The Grand Master— (1900 S. G. L. duties of an executive officer of a Journal, 506, 827, 873). 2173. Powers and duties. He may, in person, confer the Past Official Degrees; and when present at a special meet- ing of a Subordinate Lodge, he may exercise the powers conferred on him by the first and seventh subdivisions of this section. He shall decide all appeals on questions of law which may be made to him from the decisions of his deputies. He shall receive and act upon all complaints which may be made to him against his Deputies or Lodges. Officers of Grand Lodge. 669 He shall give such instructions from time to time, in the work of the Order, to the Deputies or to the Lodges, as may be necessary. When officially visiting Subordinate Lodges he shall be received with the honors of the Order. In case of the loss or destruction of a charter belonging to a Lodge, the Grand Master and Grand Secretary shall, on proper notification, issue at once another charter to said Lodge. — Constitution Grand Lodge, Art. IV, Sec. 1. Note. — As to his power to issue dispensations, see Dispensations. 2174. Grand Master's powers and duties in cases of un- just delays, obstructions, etc., as to benefits, charges, etc. Be it enacted by the Grand Lodge, that the Grand Master whenever he considers that a Lodge, by its actions, non- actions, neglects, omissions, delays, postponements, obstruc- tions, etc., is abusing the laws and principles of Odd Fellow- ship, and an appeal is not an adequate remedy, and that justice and a proper administration of the laws of Odd Fellowship require an immediate consideration thereof, and action thereon, may refer such matters to some Standing Committee of this Grand Lodge for consideration, and a report thereon to him, recommending certain directions by the Grand Master to the Lodge relative thereto, and if the Grand Master approves the same he shall command and direct said Lodge accordingly, and if the Lodge fails to obey said direction the Grand Master is authorized to take the charter and suspend the Lodge. All such reports and approval and actions of the Grand Master shall be reported to the Grand Lodge at its next session, for its action. Mat- ters relating to benefits or charges shall be referred by the Grand Master to the Committee on Appeals and other matters to such Standing Committees as the Grand Master may select. When the Grand Master determines to refer such matters to a committee, he shall command the Lodge, under the seal of the Grand Lodge, attested by the Grand Secretary, to trans- mit forthwith to the (irand Secretary for the use of the committee, a transcript of all the minutes, proceedings and documents of the Lodge, and its committees, if any, and 570 Officers of Grand Lodge. notify the Lodge that the same will be considered by the committee of the Grand Lodge to whom the Grand Master referred it for a report and recommendation under this legislation.— 1898 Journal, 272, 273, 281. 2175. Grand Master's powers and authority as to Re- bekah Lodges. Be it enacted, that the Grand Master shall have power to issue dispensations to Rebekah Lodges in all similar instances in which he possesses such power in regard to Subordinate Lodges, and shall possess all powers and authority in regard to Rebekah Lodges that he pos- sesses in regard to Subordinate Lodges. — 1898 Journal, 274, 281. 2176. Grand Master no authority to decide as to benefits. The Grand Master has no authority to determine or decide, upon an ex-parte statement of the facts, whether or not a brother is entitled to sick or funeral benefits or expenses. The issue of fact must be tried by an Investigating Com- mittee, and their report acted upon by the Lodge, pursuant to the provisions of Article IV, Section 5, Constitution of Subordinate Lodges, and then an appeal may be taken direct to the Grand Lodge.— 1901 Journal, 410, 544, 562. (See Benefits.) 2177. New trial. A Grand Master has not the right to set aside the action of a Lodge and order a new trial. — 1897 S. G. L. Journal, 15168, 15534, 15584. (See Appeals.) 2178. District Deputy Grand Master. The Grand Mas- ter may suspend a District Deputy Grand Master from office for neglect of duty. — Constitution Grand Lodge, Art. V, Sec. 4. 2179. Cannot loan Grand Lodge funds. The Grand Master is not authorized to loan any of the funds of the Grand Lodge to anyone for any purpose. — 1896 Journal, 412, 581, 628. [ Officers of Grand Lodge. 571 2180. His relation to the Grand Lodge. The Grand Lodge alone is the Supreme tribunal of the Order in its jurisdiction; to it he is indebted for his position, and to it he is accountable and from and through it to the Sover- eign Grand Lodge. He has no right to refuse to entertain appeals from his decisions to the Grand Lodge, though, in his judgment, an adverse decision might violate the Consti- tution.— 1847 S. G. L. Journal, 1108, 1122. 2181. Publishing his decisions. The Grand Lodge recom- mends the decisions of the Grand Master made during his administration be published, from time to time, in the papers devoted to publishing information concerning the Order in this jurisdiction, proznded that no expenses of publication be incurred which the Grand Lodge shall be called upon to pay.— 1896 Journal, 458, 581, 628. 2182. Decisions and annual report of Grand Master. After the Digest shall have been published, Grand Masters should simply refer inquirers upon questions of law already decided, and which may be found in our Constitution and By-Laws, enactments and decisions, to such law, and not encumber his annual report by any reference thereto, ex- cept in important matters of general interest, and thus save cost of printing, and the time of the Grand Lodge in their further consideration. — 1896 Journal, 554, 556. 2183. He cannot make laws. A Grand Master is not the law-making power. He cannot ordain, enact or make laws or rules of procedure. He is a creature of the law and not a creator of it, and possesses only the power conferred upon him by the law. He must see that the law and practice of the Order is observed throughout his jurisdiction and in correcting errors, irregularities' or giving instructions, he is responsible for his acts and therefore should employ such means to accomplish his purpose as in his judgment may seem to be necessary and safe and for which he is willing to be held responsible.— 1879-1890 S. G. L. Journal, 8110, 8178, 11898, 12217, 12281. 572 Offickrs of Grand Loi ge. 2184. Annual report and visitation. It is the duty of the Grand Master to embrace iu his annual report an account of the number and location of all Lodges visited. — 1856 Journal, 211, 214. 2185. Decisions of President of Rebekah Assembly. The President of the Rebekah Assembly shall report each de- cision rendered by her to the Grand Master for his decision thereon, and the Grand Master shall embody his decisions thereon in his annual report. — 1898 Journal, 274, 281. 2186. Annual report and statistics. Grand Masters shall not include statistical matter in their annual reports. — 1876 Journal, 476, 503. 2187. Annual report and District Deputies' reports. Grand Masters should embody in their reports so much of the reports of their District Deputies as they may deem of importance to the Order. — 1858 Journal, 377, 378. (See Section 2234.) 2188. To wear regalia and jewels. A Grand Master, when visiting as such in his own jurisdiction, should wear the regalia and jewels of his office. — 1870 S. G. L. Journa^, 4716, 4842, 4870. 2189. Traveling expenses. Resolved, That the Grand ]\Iaster be authorized to draw on the Grand Treasurer at such times and for such amounts as he may deem necessary, same to be expended for necessary traveling: and other ex- penses of Grand Master while on official business for Grand Lodge, provided^ such suras so drawn shall not exceed in the aggregate $1,500 in any one year, and provided further, that so soon as practicable after drawing such sums he shall file with the Grand Secretary a certificate, stating that such sums have been actually expended for the purposes authorized by this resolution. — 1896 Journal, 564, 567. 2190. Relation of Grand Master to Subordinates. A Grand Master should not take the chair of a Noble Grand to prevent that officer from submitting an illegal motion. If f Officers of Grand Lodge. 573 the Noble Grand persist in violation of law and his obligra- tions, it is the duty of the Grand blaster to inform the Lodge that unless it shall require its officers to conform to the law, he will proceed against it for insubordination. The official relations of the Grand Master are not with the Noble Grand, but with the Subordinate Lodge itself in its Lodge capacity. — 1864 Journal, 504. 2191. Cannot review or amend Grand Lodge proceedings. It is not competent for the Grand blaster to review or amend the proceedings of the Grand Lodge. — 1887 Journal, 769, 897, 904. 2192. To require Subordinate to comply with Sovereign Grand Lodge decision. Whenever the Sovereign Grand Lodge, in case of appeal, instructs the Grand Lodge of a jurisdiction to direct a Subordinate to comply with the decision of the Sovereign Grand Lodge, it becomes the duty of the Grand Master of the jurisdictioa in such case, on receiving official notice of the action of the Sovereign Grand Lodge, to notify the Subordinate Lodge of such action and direct it to comply therewith. — 1884 Journal, 37, 116, 153; 1883-1890 S. G. L. Journal, 9162, 9324, 9442, 12124, 12288. 2193. Property of extinct Lodge. In case of the sur- render of a Lodge's charter and property to the Grand Lodge, the Grand Master has no authority whatever to dis- pose of such property without authority from the Grand Lodge. The power to dispose of property of extinct Lodges appertains solely to the Grand Lodge. — 1878 Journal, 927, 965. 2194. Instruction in secret work. The Grand blaster has full authority, in person or by lawful officers under him, to instruct in secret work and to enforce uniformity in all the signs and charges, as well as in mode of working. — 1889 S. G. L. Journal, 11731, 11787. 2195. Right to suspend a Subordinate Lodge. A Grand Master in vacation does possess the right to suspend a Sub- ordinate Lodge for y>orsistent disobedience or violation of 574 Officers of Grand Lodge. law, without a trial, provided the local law does not other- ■wise provide: but this power should not generally be exer-' eised until after notice to the Subordinate, and not arbi- trarily or for slight cause. He may restore such suspended Lodge without waiting for action of his Grand Lodge, un- less the Constitution, or instructions of the Grand Lodge, limit his authority in this respect.— 1890-1891-1893 S. G. L. Journal, 12121, 12288, 12229, 12284, 12561, 12647, 13258, 13548, 13671. 2196. Power to suspend Lodge. The power given to a Grand Master to suspend and take from a Lodge its charter is a highly penal power, and should be exercised only in extreme cases when injury to the Order is imminent. — 1896 S. G. L. Journal, 14684, 14948, 15019. 2197. Suspending Grand Master's Lodge. When a Grand Master suspends a Subordinate Body of which he is a mem- ber or withdraws its charter, such suspension or withdrawal of charter shall not affect his rank or standing in the Order during the remainder of his term of office and for a period of thirty days after the close of said term. — 1888 S. G. L. Journal, 11385, 11400. 2198. Visitation of Lodges. Grand Masters requested to visit those Lodges which have not been visited by their im- mediate predecessors, so that visitations may be, as far as possible, equalized. — 1877 Journal, 118, 140. (See Districts for visitation by Grand Master.) 3. GRAND SECRETARY. 2199. Duties. The Grand Secretary shall make a just and true record of the proceedings of the Grand Lodge at every session, and transmit as soon as practicable after the close of the annual session, to the Subordinate Lodges, each one copy thereof. He shall keep the accounts between the Grand Lodge and its Subordinates, receive all moneys com- ing therefrom, and pay the same over to the Grand Treas- urer weekly. He shall issue all necessary notices and cir- Officers of Grand Lodge. 575 culars to Subordinates, Representatives and officers ; he shall provide all stationery for the use of the Grand Lodge, and superintend such printing as the Grand Lodge shall direct. He shall perform such other duties as are herein provided for, or that may be ordered by the Grand Lodge. He shall receive such salary as may be fixed upon at each annual session, which shall be paid monthly. — Constitution Grand Lodge, Art. IV, Sec. 4. Note. — Past Grand, otherwise time. Any constitutional provision qualified, can be elected to the in a Subordinate jurisdiction to office of Grand Secretary and the contrary is invalid — (1891 Grand Representative at the same S. G. L. Journal, 12354). (See Section 2151.) 2200. Assistant. Grand Secretary empowered to engage an assistant.— 1884 Journal, 148, 163. 2201. Special session to confer Grand Lodge Degree. Hereafter, when the Grand Secretary shall attend special sessions of the Grand Lodge held to confer the Grand Lodge Degree, the Grand Master is authorized to draw a warrant on the Grand Treasurer in favor of the Grand Secretary, for his necessary expenses incurred in such attendance. — 1883 Journal, 1155, 1176. 2202. Duty as to constitutional amendments. As soon as possible after the close of each regular session of the Grand Lodge, the Grand Secretary shall cause to be printed on separate slip.s, and gummed so as to be easily inserted in, and attached to, the constitution-book, the amendments to the Constitutions of Subordinate and Rebekah Lodges adopted at such session, and two copies thereof, respectively, to be fonvarded, with proper instructions, to each Subordi- nate and Rebekah Lodge.— 1896 Journal, 534, 558, 559. 2203. Printed Constitutions for Subordinates. Resolved, That the Grand Secretary be, and is, authorized to have printed, in regular size for binding, for Lodge use, the Con- stitution of Subordinate Lodges, and that the Grand Secre- tary shall sell to Subordinates these Constitutions as Grand % 576 Officers of Grand Lodge. Lodge supplies at no more than ten per cent, increase of their cost. — 1894 Journal, 767. 2204. Printed Rebekah Lodge Constitutions. Resolved, That the Grand Secretary be, and is, hereby authorized to have printed, in regular size for binding, for Lodge use, the Constitution of Rebekah Lodges, and that the Grand Secre- tary shall sell to Rebekah Lodges these Constitutions as Grand Lodge supplies, at no more than ten per cent, increase of their cost; said Constitutions to bear the imprint, ** printed by order of the Grand Lodge, I. O. O. F., of Cali- fornia," on the title page. — 1896 Journal, 536, 559. 2205. To furnish Journals and Digest to Committees. The Grand Secretary shall furnish each of the Committees on Appeals, State of the Order, and Legislation, one full copy of the Journal and Pigest of Proceedings of the Sov- ereign Grand Lodge and of this Grand Lodge. The name of the respective committee shall be printed on the books, and the Grand Secretary shall keep them during the interim of sessions of the Grand Lodge. — 1865 Journal, 83. 2206. Blank Financial Secretaries' reports. Grand Secre- tary empowered to devise a printed blank for Financial Secretary's report, copies of which he shall send to each Subordinate Lodge with other blanks foi* Lodge use. — 1888 Journal, 1106. 2207. To furnish blank bonds to Lodges. The Grand Secretary is required to furnish blank bonds to all Lodges, in a legal form, for the purpose of qualifying officers having care of the funds of the Lodge. — 1854 Journal, 77. 2208. To furnish certain forms to Lodges. The Grand Secretary shall cause a quantity of blank forms for charges, summons, subpoenas, reports of Trial Committees, notices of filing report, bills of exceptions and notices of appeal to be printed, and keep a supply on hand, and furnish the same to Lodges, when called for, free of charge. — 1869 Journal, 109, 128; 1870 Journal, 231, 251. I Officers of Grand Lodge. 577^ 2209. To furnish certain proceedings of Grand Lodge to Subordinates. The Grand Secretary shall furnish all Sub- ordinate Lodges, at the earliest possible moment, a copy of such proceedings of the Grand Lodge as require their prompt action. — 1853 Journal, 42. 2210. To furnish forms of certain certificates. Grand Secretary instructed to provide necessary blanks for certi- ficates of Representatives-elect to the Grand Lodge and Past Grands in good standing in each year. — 1859 Journal, 529. 2211. May require certain information from Lodges. The Grand Secretary is authorized to demand from each Subordinate Lodge in this jurisdiction a full and complete statement showing, as far as can be ascertained — 1st. The full name of every person who has ever been a member of said Lodge. 2nd. The age of members at time of admission. 3rd. The nativity. 4th. The occupation. 5th. When admitted. 6th. How admitted. 7th. Name, number and location of Lodge from which card was taken. 8th. When suspended. 9th. When expelled. 10th. When resigned. 11th. When reinstated. 12th. Date of death. 13th. Date of withdrawal. And upon such demand being made, it shall be the duty "f said Lodge to immediately make provision for furnishing the same in the manner and form above prescribed. — 1879 Journal, .32, 116, 1.39. .17 978 Officers of Grand Lodge. 2212. Rooms of Grand Secretary. The Grand Lodge shall procure a suitable room, or rooms, and furnish the same appropriately, for the use of the Grand Secretary, and to be used for the legitimate business of the Order, and no other. Proper accommodations shall be set apart in the same for the use of the Grand Master. — 1873 Journal, 838, 861. 2213. Last day's proceedings of Grand Lodge. The Grand Secretary is required to prepare and cause the publi- cation of the last day's proceedings of the Grand Body, attesting the same with his signature, and forward to the several Lodges of which the Representatives are members one copy for each Representative. — 1899 Journal, 663, 664, 682. (See Sections 2800, 1585; and see Odd Fellows' Home; Bonds.) 4. GRAND REPRESENTATIVE. 2214. Certificate of election. Immediately after the election of a Grand Representative, it is the duty of the Grand Secretary to forward to the Grand Secretary of the Sovereign Grand Lodge a duplicate copy of the Representa- tive's certificate of election. — 1857 S. G. L. Journal, 2768, 2811. 2215. Report. At each session of the Grand Lodge, the Grand Representatives are required to report, in writing, all matters regarding the Good of the Order of this State, as well as any measure brought by them before the Sover- eign Grand Lodge, in behalf of this jurisdiction. — 1854 Jour- nal, 75, 76. 2216. Seat declared vacant, when. The Grand Lodge has the right to declare the seat of a Grand Representative vacant who does not return to his jurisdiction on or before the 1st day of January following the annual session of the Grand Lodge, at which he shall represent such State Grand Body, unless he shall be prevented by sickness or unavoid- Officers of Grand Lodge. 579 able accident, of which the Grand Body he represents shall be the judge.— 1860 Journal, 23. 2217. To report to Rebekah Assembly. Grand Repre- sentatives are required to report to the Rebekah Assembly all legislation in regard to Rebekahs. — 1894 Journal, 735, 773. 5. OTHER ELECTIVE GRAND OFFICERS. 2218. Duties of Deputy Grand Master. The Deputy Grand Master shall support the Grand Master in presiding, and in his absence shall occupy the chair for him. In the event of a vacancy in the office of Grand Master, the Deputy Grand Master shall become Grand Master for the balance of the term, and receive the honors of a full term. — Consti- tution Grand Lodge, Art. IV, Sec. 2. 2219. Duties of Grand Warden. The Grand Warden shall assist the Grand Master in conducting the business of the Grand Lodge. He shall, under the Grand Master, have special charge of the door, and in the absence of the Grand Master and Deputy Grand Master, he shall preside. — Con- stitution Grand Lodge, Art. IV, Sec. 3. XoTE. — A Grand Warden per- therein, is not entitled to take the torming the duties of Deputy rank of a Deputy Grand Master — Grand Master, without having (1900 S. G. L. Journal, 515, 827, been duly elected and installed 873). 2220. Duties of Grand Treasurer. The Grand Treasurer shall receive and receipt for all moneys belonging to or placed in his charge by this Grand Lodge, and deposit the same immediately on receipt thereof by him in some bank, to be designated to him in writing by the Finance Commit- tee of this Grand Lodge, in the name of and to the credit of this Grand Lodge ; he shall pay all orders drawn on him by the Grand Master, under seal of the Grand Lodge, by cheek or draft on said bank, signed by said Grand Treasurer and countersigned by the Grand Secretary, with the seal of the Grand Lodge affixed thereto. Each month the Grand Treauurer shall furnish to the Grand Master an account of 580 Officers of Grand Lodge. all moneys received during the month and a bank tag, show- ing the amount of money in bank to the credit of the Grand Lodge. The Finance Committee shall have power to change the bank where such money shall be deposited, and in case of a change, the committee shall be charged with the duty of seeing that their directions as to change of deposit are carried out. The Grand Treasurer shall attend all regular sessions of this Grand Lodge; he shall keep his accounts in such a manner as will exhibit the sources and amount of receipts, and to whom paid; have his accounts closed up on the thirty-first day of March annually, and submit them to the Finance Committee; he shall produce for the examina- tion of said Finance Committee, the funds in his hands, or the evidence of the deposit thereof in said bank, and shall annually report to this Grand Lodge, a full and true account of all moneys received and paid out by him. The Grand Treasurer's account and books, including the bank book, shall at all times be open and subject to the inspection of the Grand Master, the Finance Committee or the Trustees, or either of them, of the Grand Lodge. — Constitution Grand Lodge, Art. IV, Sec. 5. (See Odd Fellows' Home; Trustees; Bonds.) 6. DISTRICT DEPUTY GRAND MASTER. 2221. Duties. The District Deputy Grand Master shall, in the absence of the Grand Master, install the officers of all Lodges in his district, and enforce a due observance of the Constitution, By-Laws and Resolutions of the Grand Lodge ; be the organ of the Grand Master with the Subordinates in his jurisdiction; have power to grant dispensations to Lodges in his district, for the election of any Third Degree member of the Lodge to any office in such Lodge in case all qualified members refuse to serve; for holding public instal- lations of officers, and for the giving of social parties in the name of the Order ; he shall see that the work of the Order is performed uniformly; confer official degrees on Past Grands; collect from Lodges in his district all returns and moneys due the Grand Lodge, and forward them immedi- h Officers of Grand Lodge. 581 ately to the Grand Secretary; decide all questions of law that may be submitted to him by the Lodges under his charge; he must report immediately all such decisions to the Grand Master for his approval, and report annually to the Grand Master all other proceedings had or taken by him. He shall forthwith report to the Grand Master all cases of violation on the part of the Subordinates, of the Constitu- tion and By-Laws of the Grand Lodge, or disobedience to his lawful commands. — Constitution Grand Lodge, Art. IV, Sec. 7. 2222. Need not be a Representative. A Past Grand is eligible to the office of District Deputy Grand Master, rhether he be a Representative to the Grand Lodge or not ; mt it is necessary that he should have had the Grand Lodge degree conferred on him. A District Deputy Grand Master this jurisdiction is an appointed officer of the Grand >dge. The Grand Master may appoint a Past Grand a lember of the Grand Lodge who is not a Representative to -an appointed office.— 1903 S. G. L. Journal 41, 284, 314; 1869 Journal, 114, 117; 1885 Journal, 387, 402, 431. (See Section 2151.) 2223. Term. The term of a District Deputy Grand Mas- ;r expires when his successor is appointed. — 1895 Journal, !1, 195, 196, 236. 2224. Residing out of his district. The fact that a Dis- •ict Deputy (Jrand Master has moved beyond the boundary >f his official district does not disqualify him in the per- formance of his duties as District Deputy Grand Master in md for the district for which he has been appointed Deputy. ■1899 Journal, 467, 431, 675. 2225. Committee to examine and instruct nominees. At >ach annual communication of the Grand Lodge, on the Irst day of the session, the sitting Grand Master shall appoint a committee of five, among whom shall be the acting dge and of this Grand Lodge. — Constitution Grand Ige, Art. IV, Sec. 1. 2441. Questions and decisions of order and appeal from |Grand Master. All questions of order, and all decisions lade by him on any point growing out of the Constitution 624 Order. Rules and Questions of or By-Laws of this Grand Lodge, shall be subject to appeal from his decision to the Grand Lodge; and it shall be his duty to put the question on all such appeals to the Grand Lodge. — Constitution Grand Lodge, Art. IV, Sec. 1. 2442. Appeals debatable. On an appeal from the de- cision of the chair (the Grand Master), the question is de- batable.— 1856 Journal, 187. 2443. Vote by yeas and nays. When five of the mem- bers call for a vote by yeas and nays, or when the same are in this Constitution required to be taken, they shall be so taken and recorded on the journal. — Constitution Grand Lodge, Art. VII, Sec. 1. 2444. When ayes and nays are called, no motion is in order. A motion to pf a San Francisco Lodge can become a member of the San •ancisco General Relief Committee if he be properly dele- fated by a Lodge or Encampment represented in said com- ittee, and the committee will receive him. — 1885 Journal, 287, 403, 433. 2652. Representative from Encampment. It is optional iWith a General Relief Committee as to the admission as lembers thereof of Representatives from Encampments, lere is no law of the Grand Lodge in reference thereto. — 1888 Journal, 1023, 1111, 1130. 2653. Rules regulating Relief Committees and Lodges in [this jurisdiction. When an application is made to a sister )dge or Relief Committee for assistance, it shall be their luty to immediately communicate with the Lodge to which [the brother belongs, and when notified that he is entitled to benefits, and the amount thereof under the By-Laws of the [Lodge, they shall pay the same, and the Lodge to which the brother belongs shall be holden for the amount. Should [the brother taken sick require immediate assistance, the ILodge or committee may render such assistance, but not to j'«xceed two weeks' benefits, provided the brother be in pos- 43 674 Relief Committee and Relief. session of the current Semi-Annual Password, and the Lodge to which the brother belongs shall be holden for the same, provided the Lodge or committee comply with the pro- visions of this section. — 1864 Journal, 576. 2654. Lodge of another jurisdiction furnishing nurse. Under the laws of our Order which regulate the rights of Lodges of different State jurisdictions in relation to nurse hire and sick benefits for a brother of a Lodge who happens to be out of his own State jurisdiction when sick, a Lodge of this jurisdiction whose By-Laws make no provision for a nurse for a sick brother, nor for hiring or payment of a nurse, is not responsible to a Lodge in another jurisdiction for nurse hire. — Tisquantum Lodge vs. San Lorenzo Lodge, 1904 Journal, 370, 590. 2655. Same power as Lodges. A Relief Committee has no further or higher powers than a Lodge would have under similar circumstances. — 1869 Journal, 121; 1870 Journal; 302. 2656. Semi-Annual Password. A member of a Relief Committee has the right to demand the Semi-Annual Pass- word of a brother sick or in distress, if the brother seek relief.— 1869 Journal, 112, 117. 2657. Orphans. A General Relief Committee cannot use money for the relief of orphans of a deceased brother who held a Withdrawal Card at the time of his death. — 1879 Journal, 131, 143. 2658. Claims upon Lodges. A General Relief Committee, as a matter of right, can claim from the Lodge of a brother whom it has relieved, only what is allowed by the By-Laws of the brother's Lodge.— 1869 Journal, 119, 120, 121; 1870 Journal, 302. 2659. The same. When a sick brother of a Lodge of this jurisdiction is absent from his Lodge's location, another Lodge of this jurisdiction may grant relief not exceeding two weeks* benefits, and his Lodge will be holden for the same, provided he have the Semi-Annual Password, and the Relief Committee and Relief. 675 Lodge notify his Lodge as required by law. — Pajaro Lodge vs. Laguna Lodge, 1883 Journal, 1087, 1179. 2660. Care of the sick. In cities where there is a Gen- ,eral Relief Committee a sojourning brother reported sick the Relief Committee cannot be turned over to the care )f some Lodge that does not belong to the Relief Committee. [either can a Lodge (not belonging to the Relief Com- ittee) turn over to said Relief Committee a brother re- )orted to said Lodge as being sick. — 1897 Journal, 805, 1030, 1054. 2661. Immediate communication to sick brother's Lodge. Where a brother of a Lodge of this jurisdiction makes appli- cation for benefits to another Lodge of this jurisdiction, it is the duty of that Lodge to communicate with the brother's iodge at once, and to await an answer, that the brother is Entitled to benefits, etc., from that Lodge. — Pajaro Lodge vs. Laguna Lodge, 1883 Journal, 1179. 2662. Expressage upon benefits sent. Where a brother has been paid benefits by a General Relief Committee, the brother's Lodge has the right to charge the brother with the expressage upon the money sent by the Lodge to reim- burse the said committee for the benefits so paid. — 1884 Journal, 12, 116, 153. 2663. Unauthorized acts of a brother. Where a Lodge i makes an inquiry of another Lodge whether a deceased brother was in good standing and entitled to benefits, and a member takes it upon himself to respond and answers that lue was in good standing and entitled to benefits at the time of his death, when in reality he was not, the brother's Lodge is not responsible therefor, because the member had no authority to bind his Lodge. Had he that authority, his Lodjre would be bound thereby. — Joaquin Lodge vs. Pro- urt'ssive Lodge, 1876 Journal, 406, 483, 503. 2664. Failure to notify Lodge of expenditures. Where a Goneral Relief Committee has expended certain sums as sick and funeral benefits for a brother under its care, and « 676 Relief Committee and Relief. thereafter the brother *s Lodge also expends a sum of money for funeral benefits for the same brother, not knowing that the General Relief Committee had already made the ex- penditure warranted by the By-Laws of the Lodge and the General Relief Committee, and its officers having failed to notify the Lodge of its expenditures when they ought to have done so, the Lodge in settling with the committee has the right to deduct from the committee's bill the amount paid by the Lodge itself.— 1883 S. G. L. Journal, 9256, 9289, 9349, 9381. 2665. Mistake as to good standing of sick brother. Where a Lodge makes a mistake in reporting a brother in good standing to a sister Lodge or Relief Committee, and recom- mends the payment of benefits to the brother, the Lodge can correct its mistake and withdraw its recommendation for benefits, provided circumstances will permit the sister Lodge or Relief Committee to remove the sick brother from their care without injury to him. The sister Lodge or Relief Committee can recover from the brother's Lodge all moneys expended up to the time the sister Lodge or Relief Com- mittee with proper effort can provide for said brother's care without endangering his life. — 1874 Journal, 94, 113, 114. 2666. Notice to Lodge of brother's sickness. Where the By-Laws of a brother's Lodge provide that ''any member of the Lodge, at a distance from this village, claiming bene- fits, shall immediately notify a Lodge in his vicinity, if there be one within a reasonable distance," and the By- Laws then proceed and provide for notification of the brother's own Lodge, in case there is no Lodge within a reasonable distance, and conclude as follows: ''No member shall be entitled to benefits for more than one week anterior to the receipt of such notice by this Lodge," the brother is not responsible for any failure or neglect on the part of the Lodge to which he is reported sick to notify his own Lodge of his sickness. The Lodge to which the brother is reported sick is the agent of the brother's own Lodge, and notice to the agent in the direct line of his agency is notice to the t C78 Relief Committee and Relief. sick brother, when the nature of the sickness requires such nurse's attention. Second. It shall be the duty of the Re- cording Secretary of a Subordinate Lodge, when he issues a Visiting Card, to endorse thereon the character of attentive benefits allowed by the By-Laws of such Lodge, and if such By-Laws allow the hiring of nurses during sickness, such fact shall also be stated, together with the compensation allowed per night for such nurses, which indorsement shall be signed by such Secretary, with the seal of the Lodge attached. Third. A Lodge or Relief Committee which pro- vides for nursing its own members by draft, cannot hire a nurse for a transient sick brother who is not afflicted with a contagious malady, unless authorized by the Lodge of which such transient sick brother is a member. But it is a sacred duty, enjoined by the principles and laws of the Order, that every Lodge or Relief Committee must care for a transient sick and disabled brother, in the same manner that they care for their own members. Fourth. No Lodge or Relief Committee that cares for its members by draft, shall be liable for the payment of nurse hire, unless said Lodge or Relief Committee shall have first authorized the payment of the same. Fifth. A Lodge shall not be required to pay for nursing its members, when out of its jurisdiction, a sum in excess of the provisions of its By-Laws, or in ex- cess of the sum which the Lodge or Relief Committee, in whose care the brother may be, is in the habit of paying for such service for its own sick members. Sixth. A Lodge shall not be permitted to provide for non-payment of a nurse for one of its members, when out of its own jurisdiction, when it provides for hiring nurses for its members who are within its jurisdiction.— 1892 S. G. L. Journal, 13121, 13161. 2671. General law modified — Watchers and nurses paid from Lodge funds. Resolved, That hereafter the qualifica- tions for "attentive benefits" in this Order, and which in- volves the payment of money of the Lodge so far as such benefits include the services of watchers or nurses, shall be the same as for ''weekly benefits," and Grand Bodies may limit or permit their Subordinates to limit by By-Law the Relief Committee and Relief. 679 time for which such services shall be rendered, as may be deemed best for the interests of said Subordinates and their members in the several jurisdictions, or providing that watchers and nurses paid from Lodge funds shall not be furnished to members who shall be so much in arrears for dues as to prevent them from receiving sick or funeral ben- efits.— 1902 S. G. L. Journal, 932, 954, 969. 2672. The general law and night nurses or watchers. The general law of the Order requires only night nurses or watchers to be furnished as ''attentive benefits," not day nurses.— 1895 S. G. L. Journal, 14250, 14487, 14570. 2673. Relief to brothers holding Visiting Cards. Upon the issuing of a Visiting Card by a Subordinate Lodge or Encampment, the Secretary or Scribe thereof shall insert therein the amount of weekly and funeral benefits allowed by the Constitution and By-Laws of said Lodge or Encamp- ment. It shall be bound for any relief extended to the brother holding such a card, to the extent of the benefits so rendered. Where a Subordinate Lodge, Encampment or General Relief Committee is applied to for relief by a brother holding a card, such Lodge, Encampment or General Relief Committee shall require the certificate of a respectable physi- cian, showing the time that the brother has been sick, and shall take a draft upon his Lodge or Encampment for what- ever amount he may have received, which, with the certifi- cate, shall be forwarded for payment; proznded, that in the event of the death of a brother, and his being buried by a Lodge, Encampment or General Relief Committee, it shall only be necessary to forward the physician's certificate or that of some other respectable citizen, together with his card and a proper voucher for the amount so advanced. Payment .of the same shall in all cases be promptly made. — 1853 [8. G. L. Journal, 2151, 2180; 1854 S. G. L. Journal, 55. 2674. Duty to reimburse General Relief Committee. It is the solemn bounded duty of every Lodge who reports to a Relief Committee that a brother is in good standing and en- ^titled to certain benefits or certain funeral expenses and sick 6S0 Renunciation of the Order. benefits or expenses are paid by any such committee or Lodge of the Order, to reimburse such committee or Lodge of any expense incurred or benefits paid. — 1889 Journal, 152, 171. 2675. Duty of Lodges. Where a sick brother, a member of a Lodge whose By-Laws provide for a certain amount per week for sick benefits and a certain amount for funeral ex- penses finds himself in the care of another Lodge, and his own Lodge gives the other Lodge an open commission to properly care for the brother and send him home as soon as he is able to travel (not restricting the other Lodge to the amounts stated in its By-Laws, and knowing that the other Lodge was incurring expenses without being so limited), the brother's Lodge becomes liable and is bound to reim- burse the other Lodge such expenses as were necessary in properly caring for the sick brother, and burying him should he die. Medical attendance and medicines are such neces- sary expenses. The Lodge undertaking the care of a sick member of a sister Lodge, with an open commission from his Lodge to care for him, that neglected to provide a competent physician and the medicines prescribed, would be con- demned, not only by sister Lodges, but by the world at large. — Konokti Lodge vs. Golden Gate Lodge, 1876 Jour- nal, 394, 483, 503. (As to burial of brother in arrears by General Relief Com- mittee, see Section 680.) (See Nurses and Watchers; Benefits; Appeals.) RENUNCIATION OF THE ORDER. 2676. Forfeits benefits. If an Odd Fellow renounce the Order he thereby forfeits all benefits to which by law he may be entitled, from the time of such renunciation. —1881 Journal, 501, 601, 627. 2677. Letter from Catholic priest. Such a letter stating the law of the Catholic Church in regard to secret societies, and renunciation thereof, and then stating, "By applying Reports and Returns. 681 this law to the question you will readily find a solution," is not admissible to prove that a brother who received the sacrament of the Catholic Church, and was buried in ac- cordance with its doctrines, renounced the Order on his death-bed. — Teague vs. Bay View Lodge, 1869 Journal, 68, 69, 78. 2678. Proof. No Subordinate Lodge should, under any circumstance, pass a resolution declaring that a deceased brother has on his death-bed renounced the Order, except from the clearest proofs and most positive evidence. — 1870 Journal, 272, 294. 2679. Burden of proof — Buried under auspices of Cath- olic Church. In case of the death of a brother in good standing the burden of proof is upon the Lodge to establish the fact that he renounced the Order, and the rights of the widow to the funeral benefits or expenses provided by the By-Laws cannot be forfeited in the absence of sufficient evi- dence of that fact. The mere fact that the brother was buried under the auspices of the Catholic Church is not sufficient. — Schmidt vs. Germania Lodge, 1897 Journal, 971, 979. REPORTS AND RETURNS. 2680. Semi-annual reports as required by Grand Lodge Constitution. At the end of each term every Subordinate Lodge shall report to the Grand Lodge the work thereof for such term, which shajl include the full name, date of admission, age, occupation and nativity of those initiated, admitted by card ; as an Ancient Odd Fellow, rejected, with- drawn by card, reinstated, and deceased ; the names of those suspended and expelled, with the cause thereof; together with the number of degrees conferred, the whole number in membership, the amount of receipts, and the result of the election of officers, accompanied by whatever amount may be due the Grand Lodge. — Constitution Grand Lodge, Art. IX, Sec. 3. 682 Reports and Retuuns. 2681. Annual reports as required by Grand Lodge Con- stitution. At each annual session eveiy Lodge shall report in addition, up to the first day of January, a full return of members, with their names ranked according to the degrees they have taken, and a statement of the number of brothers relieved, vridowed families relieved and brothers buried, and amount of money applied to each of these purposes, designat- ing the amount paid for the education of orphans. — Consti- tution Grand Lodge, Art. IX, Sec. 4. 2682. Failure to make returns. Any Subordinate Lodge failing to make its returns as required by Article IX, Sec- tion 3, of Grand Lodge Constitution, for one year, shall be deemed an extinct Lodge and its charter shall be forfeited. — Constitution Grand Lodge, Art. XI, Sec. 4. 2683. Installation and passwords. No Lodge under this jurisdiction shall be entitled to have its officers installed, or to receive the traveling or term password, until the semi- annual reports to the Grand Lodge shall have been placed in the hands of the installing officer. — Constitution Grand Lodge, Art. VIII, Sec. 4. 2684. Semi-annual reports as required by Subordinate Lodge Constitution. The officers for the term about expiring shall prepare and deliver to the officers who shall install their successors, the result of the elections, and a report of the work of the term, including the names of those admitted, whether by initiation, by card, as an Ancient Odd Fellow, or by Dismissal Certificate, together, with their age, nativity, occupation and rank ; also those suspended and expelled, and the cause thereof, those reinstated and deceased, the num- ber of degrees conferred, the whole number in membership, and amount of receipts, accompanied by whatever amount may be due to the Grand Lodge. — Constitution Subordinates, Art. XI, Sec. 2. 2685. Annual reports as required by Subordinate Lodge Constitution. In addition to the above, the officers for the term expiring on the first meeting in January, shall annual- Reports and Returns. 683 ly make to the Grand Lodge a full return of the members of the Lodge, ranked according to the degrees attained, and a statement of the number of members relieved in the past year; the number of widowed families relieved; the number of members buried ; the number of sisters buried ; the amount of money applied for each of these purposes; the amount paid for the education of orphans ; the amount of money in the Treasury, the amount of Widows' and Orphans' Fund, the amount and nature of investments, the amount paid for charity, and the amount paid for current expenses. — Con- stitution Subordinates, Art. XI, Sec. 3. 2686. Failure to make returns. Should this Lodge fail to make any of its returns, as required by the two preced- ing sections, for one year, it shall thereby forfeit its charter and become extinct; and it shall be the duty of the Grand Master or District Deputy Grand Master to withhold the Annual Traveling Password and Semi-Annual Password until such returns are made and the amount due the Grand Lodge paid. And it shall be the duty of the last installed officers to transmit or surrender to the Grand Master or his Deputy the charter, books, papers, furniture and funds of the Lodge. — Constitution Subordinates, Art. XI, Sec. 4. 2687. Value of Lodge's property and investments. In reports and returns to the Grand Lodge, neither the Trustees nor the Financial Secretary have the right to add to or take from the value of the property or investments of the Lodge, except upon approval of the Lodge. The Lodge only has the right to fix the value of its property and invest- ments. The Trustees or Financial Secretary may make recommendations from time to time to the Lodge as to the value of its property or investments as they consider proper. The Lodge is the sole judge of the matter. — Appeal of Brock- ington, 1902 Journal, 750, 903, 882, 891. 2688. Semi-Annual Reports — General and Contingent Funds. In the Semi-Annual Reports, under the head, ''Total amount in the treasury," the Grand Lodge requires the C84 Reports and Returns. amount of money in both the General and Contingent Funds. The Lodge should report the entire amount belonging to the Lodge in both these funds. All the property of the Lodge is but a trust held by the Lodge in which the Grand Lodge has a reversionary right. Should the Lodge be suspended or give up its charter, the property and funds of the Lodge, whether in the General or Contingent Fund, revert to the Grand Lodge; hence the Lodges should report their true financial condition by setting forth the amounts in these two funds, either as one amount, or divided, as shown by their books.— 1899 Journal, 465, 631, 675. 2689. Degrees conferred. By ** degrees conferred" in the Semi-Annual Report of a Lodge is meant the degrees as num- bered after the Initiatory.— 1904 Journal, 395, 541, 553. 2690. Reports and Grand Lodge dues must be transmit- ted. The law is imperative and requires the reports and Grand Lodge dues to be transmitted as soon as practicable after the 1st of January or July of each year, regardless of whether the officers have been installed or not.. Should the officers not be installed the Lodge should send the reports and dues; and the receipt of the Grand Secretary therefor or proof from the postoffice or express office that they had been transmitted is sufficient warrant to the District Deputy to install at any future meeting. — 1892 Journal, 25, 17. 2691. Brothers suspended for a certain period. Names of brothers under suspension for a definite period in punish- ment for an offense should be included as being in ''mem- bership ' ' by Lodge officers when making their returns to the Grand Lodge, in accordance with Sections 2 and 3, Article XI, Constitution of Subordinates.— 1875 Journal, 300, 301. 2692. Signatures of elective officers to reports. All term reports made to the Grand Lodge by Subordinates must con- tain the signatures of the elective officers thereof, in their own handwriting. — 1863 Journal, 388. 2693. Reports made even if new officers not installed. The reports of the Lodge for the term expiring shall be made Reports and Returns. 685 to the Grand Lodge at the first meeting of the new term, whether the new officers be installed or not. — 1884 Journal, 18, 116, 153. 2694. What moneys included in reports. Annual or semi- annual reports of moneys received should only include so much as was received and reported to the Lodge previous to and on the last session in each term. — 1857 Journal, 258, 273. 2695. Proceedings of January 1st and July 1st. No por- tion of the proceedings of a Lodge meeting held on the first day of January and July should appear in the semi-annual report of any officer of the previous term. — 1862 Journal, 321. 2696. Noble Grand must not return himself as Past Grand. A presiding officer or sitting Noble Grand has no right to sign an annual or semi-annual report, returning himself as a Past Grand, unless he have previously passed the Noble Grand's chair.— 1861 Journal, 147. 2697. Installation. The annual and semi-annual returns under Article XI, Sections 2 and 3, Constitution of Subordi- nates, must be placed in the hands of the Installing Officer before the officers of a new term can be installed. — 1856 Journal, 218 ; 1857 Journal, 250. 2698. Annual reports as to property, etc., on or before March 31st. Each Subordinate Lodge, under the jurisdic- tion of this Grand Lodge, shall annually, on or before the 31st day of March of each year, make and forward to the Grand Secretary of this Grand Lodge, a report in the form of a tabulated statement, in relation to the property owned by such Subordinate Lodge, including the name, number and location of the Lodge, the size of lot, and the height, size and material of building owned by it; date of erection of such building, cost of property, present value, indebted- ness, if any ; amount of insurance on the property, net annual income from property ; size of Lodge-room ; character of the title to the real property, whether in fee, under lease, or 68(5 Representatives and Representation. otherwise, and, if owned jointly with others, what part is owned by the Lodge, or, if owned by a corporation, the amount and market value of the stock owned by the Lodge ; also the amount of money or securities not included in stock above mentioned; also cemetery or cemetery lot owned or controlled by the Lodge ; and the Grand Secretary shall fur- nish blank forms to each Subordinate Lodge for the reports above required. — 1896 Journal, 655, 656. (See Officers; District Deputy Grand Master.) (As to account of moneys paid to Grand Secretary and of supplies and property received, see Subordinate Lodge.) REPRESENTATIVES AND REPRESENTATION. 2699. Number, qualifications, election, vacancy. Every Subordinate Lodge shall be entitled, in this Grand Lodge, to one Representative for its. members of fifty or under ; also one Representative for every fifty members over and above said first number of fifty, and one for every fraction exceeding thirty members in good standing. Representatives must be Past Grands in good standing, and shall be elected by the Lodge, at any regular meeting, within two months previous to each annual communication, to serve one year from the beginning of said annual communication. Vacan- cies may be filled at any time to serve the remainder of the term. — Constitution Grand Lodge, Art. II, Sec. 3. 2700. Time of election— Number Lodge entitled to. The Lodge, at the last regular meeting in March of each year, shall elect one Representative to the Grand Lodge for its members of fifty or under ; also one Representative for every fifty members over and above said first number of fifty, and one for every fraction exceeding thirty members in good standing, as shown by its report on the 31st day of Decem- ber of the previous year. — Constitution Subordinates, Art. VI, Sec. 11. Note. — The only qualification Grand Lodge, is that he should be necessary for a Past Grand to be a member of his Lodge in good a candidate for election as repre- standing — (1893 S. G. L. Journal, sentative of his Lodge, in its 13258, 13548, 13654). k t ■Representatives and Representation. 687 2701. Past Grands. All Past Grands in good standing are eligible to the office of Representative to the Grand Lodge, and may be elected, whether nominated or not. — 1885 Journal, 426, 435. 2702. Not a Past Vice-Grand. A Past Grand who is not a Past Vice-Grand, but who has been legally elected as a Representative, is entitled to a seat in the Grand Lodge. — 1877 Journal, 582, 675, 697. 2703. Junior Past Grand. Junior Past Grand of a Lodge is eligible to election to the office of Representative to Grand Lodge.— 1886 Journal, 537, 620, 646. Note. — A Junior Past Grand Junior Past Grand, and until a may be elected a Representative — Noble Grand becomes a Past (1848 S. G. L. Journal, 1286, Grand, he cannot be elected Rep- 1317; 1886 Journal, 537, 620, resentative to his State Grand 646). But service as Noble Grand Lodge — (1874 S. G. L. Journal, to the very last moment is a pre- 6211, 6263; 1877 S. G. L. Journal, liminary condition to becoming a 7362, 7450). 2704. Nominations not necessary. It is not necessary to nominate in the Subordinate Lodges certain Past Grands in the election of Representatives to the Grand Lodge. All Past Grands in good standing are to be considered in nomi- nation, unless they expressly decline, and they may be elected, whether nominated or not. — 1880 Journal, 258, 359, 375; 1885 Journal, 426, 435. 2705. Qualifications of Representative. Representatives must be Past Grands in good standing, properly elected, and members of the Lodge which they claim to represent. — 1866 Journal, 185; 1893 Journal, 413, 429. 2706. Member of Rebekah Lodge. It is not necessary to be a member of a Rebekah Lodge in order to be qualified for a Representative to the Grand Lodge. — 1902 Journal, 750, 916, 940. (See Errata.) 2707. Noble Grand. The retiring Noble Grand cannot be elected as Representative ''until he ceases to be Noble Grand and has become a Past Grand." It is not competent 688 Repkesentatives and Representation. to provide by law that a Noble Grand shall have a seat and vote in a Grand Lodge. No one but Past Grands can be ad- mitted into a Grand Lodge.— 1872-1882 S. G. L. Journal, 5558, 5578, 9020, 9100. 2708. Election of. At an election for Representatives to the Grand Lodge it requires pnly a majority of the votes cast to elect, and when more than the number of Repre- sentatives to which the Lodge is entitled receive a majority, those having the greatest number of votes over a majority shall be deemed elected.— 1889 Journal, 31, 122, 163. 2709. The same. Where at an election for Representa- tives there is found, on counting votes, one more ballot than there are members present, and the extra ballot does not affect the result, the election is valid. — 1893 Journal, 358, 385, 421. 2710. Where charges are pending. A Past Grand elected a Representative when a charge was pending against him for an alleged violation of the principles of Odd Fellowship, was admitted to the Grand Lodge as a Representative. — 1867 Journal, 288. 2711. Resignation may be accepted. A Subordinate Lodge may accept the resignation of a Representative-elect to the Grand Lodge, even though the certificate of his elec- tion had been forwarded to the Grand Secretary. — 1863 Jour- nal, 432. 2712. Election cannot be annulled. When a Representa- tive to the Grand Lodge has been elected at the time and in the manner required by law, his election cannot be annulled, but if the Representative-elect resigns or a vacancy other- wise occurs, the vacancy can be filled as the law may pre- scribe.— 1904 S. G. L. Journal, 528, 752, 820. 2713. Basis of representation. The basis of representa- tion of Subordinate Lodges in the Grand Lodge is the num- ber of members in good standing, as shown by the report to the Grand Secretary on the previous January. — 1858 Jour- nal, 381. Repkesentatives and Representation. 689 2714. Lodges working under dispensation. Lodges work- ig iinder dispensations, and which make their reports as ler Lodges, shall be represented according to member- lip, while those which do not make their report on the 31st lay of December shall be entitled to only one Representa- ive.— 1869 Journal, 77, 106. 2715. Number of Representatives to be reported. The rrand Secretary shall make out a list from the semi-annual jports of the Subordinate Lodges, made on the 31st day of December in each year, of the number of Representatives to rhich each Lodge is entitled, and report the same to the [rand Lodge. — 1858 Journal, 398. 2716. When instructions to Representatives improper. A >dge, after trial, expelled a member, who appealed to the Jrand Lodge. After the election of the Representatives the >dge instructed its Representatives to vote to sustain the idgment of expulsion. It was improper. The Grand Lodge :ercises both legislative and judicial powers, and in the :ercise of its judicial powers its Representatives are not subject to instructions by their respective Lodges. — 1871 Foumal, 461. 2717. Expenses of Representatives. A Subordinate >dge has the right to appropriate money towards defray- ig the expenses of its Representatives to the Grand Lodge. -1896 Journal, 408, 588, 629. (See Ballot and Voting; Committees; Credentials; Busi- less of Grand Lodge.) REPRESENTATIVE FUND. (See Mileage.) RESIGNATION OF MEMBERSHIP. (See Membership.) RESIGNATION. (See Officers; Representatives; Fines.) 44 690 Revenue — Rituals. RESOLUTIONS. (See Contempt ; Commvmications to Lodges ; Officers ; Order, Rules and Questions of.) RETURNS. (See Reports and Returns.) REVENUE. 2718. Grand Lodge. The revenue of this Grand Lodge shall be raised for the purpose of defraying the necessary- expenses thereof, and the necessary expenses of support of aged and indigent Odd Fellows, their wives, widows and or- phans, whenever they shall be supported at an Odd Fellows' Home founded and maintained under the auspices, authori- zation or permission of this Grand Lodge, and the expense of furnishing and maintaining such Homes. — Constitution Grand Lodge, Art. VHI, Sec. 1. RITUALS. 2719. The duty of the Noble Grand. It shall be the duty of the Noble Grands of the various Lodges to keep securely the Charge Books (Rituals) of the Order. — 1859 Journal, 508. 2720. Custody of Ritual. It is recommended that the Noble Grand grant a liberal use of the Ritual to deserving officers of the Lodge. It is not in order for a Lodge to in- struct its Noble Grand to place a Ritual in charge of the Vice-Grand, It is the duty of the Noble Grand to keep safely the Rituals and he must be his own judge of their safe custody.— 1887 Journal, 769, 875, 888. 2721. Must not be taken from the Lodge-room. It is unlawful for the Charge Books (Rituals), or others contain- ing or relating to the secret work of the Order, to be taken from the Lodge-room. The Noble Grand of a Lodge being the proper custodian of such books, may entrust them to his subordinate officers or to any member in good standing of the Degree of Truth, for the purpose of qualification, while Rituals. 691 in tfie Lodge-room. The laws of the Order prohibit the writing of the initiatory charges, as well as all other parts of the secret work.— 1895 S. G. L. Journal, 14527, 14565. 2722. Four Rituals to each Lodge. Each Subordinate Lodge is allowed to procure not to exceed four Rituals for its use.— 1899 S. G. L. Journal, 342, 374. 2723. Number Lodge entitled to. A Lodge has no right to more than four Rituals, and cannot have more than that number.— 1897 Journal, 808, 994, 1034. 2724. Grand Lodges — Number of Rituals. Grand Bodies may compel their Subordinates to purchase a given number of Rituals not exceeding the number allowed by the laws of the Sovereign Grand Lodge.— 1897 S. G. L. Journal, 15168, 15558, 15616. 2725. Old Charge Books returned to Grand Secretary. When a Lodge orders and gets a new set of Charge Books (Rituals) the old ones shall be returned to the Grand Secre- tary.— 1871 Journal, 367, 445, 471. 2726. New Rituals. Lodges must procure new Rituals as soon as they are printed and ready for the Lodges. — 1897 Journal, 808, 994, 1034. 2727. Loss of Charge Books — Duty to prefer charges. In case of the loss of any such books (Rituals) the sitting Past Grand of the Lodge shall prefer charges against the officer losing the same, and if it shall be found that such books were carelessly or negligently lost, such officer shall be ex- pelled from the Order, unless such Lodge shall determine that such negligence was excusable, in which case the pun- ishment may be removal from office, or leprimand and fine not exceeding one hundred dollars. In case the sitting Past Grand shall lose such books, charges shall be preferred by the District Deputy of the District.— 1859 Journal, 508. 2728. Duty of District Deputy Grand Master. The Dis- trict Deputy Grand Masters are required to take a receipt 692 Room Committee — Safe — Salary. from the Noble Grand at installation of all Charge Books (Rituals) belonging to and in the possession of their re- spective Lodges, and to forward the same to the Grand Sec- retary with the reports. — 1867 Journal, 363. 2729. District Deputy not entitled to. The District Deputy Grand Masters are not entitled to have copies of the Ritual of the Order.— 1889 Journal, 76. 2730. Binding of Rituals. The law does not permit the Rituals to be taken from the Lodge room, but if they can be bound in the Lodge room, there can be no objection, pro- vided the binder is a member of the Order who has the entire work of the particular Ritual to be bound. — 1889 Journal, 77 ; 1895 S. G. L. Journal, 14527, 14565. (See Consolidation; Work of the Order; Rebekah Branch.) ROOM COMMITTEE. 2731. Noble Grand may appoint. A Noble Grand has a right to appoint a Room Committee, in accordance with a resolution adopted by the Lodge authorizing and directing such appointment. — 1895 Journal, 20, 185, 235. RULES OF ORDER. (See Order, Rules and Questions of.) SAFE. 2732. Right to purchase. A Lodge has the authority and right to purchase a safe for the use of the Lodge. The de- sirability, expediency or propriety of the purchase of a safe is a question which is left to the discretion or judgment of the Lodge. — Clairmont vs. Boulder Creek Lodge, 1905 Journal, 901, 902, 910. SALARY. 2733. Grand Secretary. He shall receive such salary as may be fixed upon at each annual session, which shall be paid monthly. — Constitution Grand Lodge, Art. IV, Sec. 4. Seal. 693 2734. Appointed officer. A Lodge cannot attach a salary to an appointed office upon a motion made and adopted at the same meeting. — 1857 Journal, 270, 274. 2735. Regulated by By-Law. The subject of salaries of Subordinate Lodge officers must be regulated by the By- Laws of the Lodge.— 1857 Journal, 270, 274. (See Section 1525, Organist.) SEAL. 2736. Each Lodge must have a seal. A Lodge must have a seal in order to transact its business properly. — 1884 Journal, 21, 116, 153. Note. — A Lodge would be justi- attested by its seal — (1885 S. G. fied in refusing attention to any L. Journal, 9857, 10195, 10176). document of another Lodge not 2737. Wax impressions deposited with Grand Secretary. All Lodges in this jurisdiction are required to have deposited in the office of the Grand Secretary, a wax impression of their seal.— 1856 Journal, 207. 2738. Recording Secretary sole custodian — Noble Grand. The Recording Secretary is the sole custodian of the seal of the Lodge, and alone authorized to use it. Noble Grand has no power to order the Recording Secretary to affix his seal to any paper. He may advise, but the Secretary is only bound to obey the orders of the Lodge. — 1862 Journal, 305 ; 1872 Journal, 576, 665, 684. 2739. Recording Secretary. The Recording Secretary is the officer into whose hands the seal of the Lodge has been committed by the installation ceremony. He is the only one authorized to use it, and he alone can officially attest anything for or on behalf of the Lodge. — 1897 Journal, 1032, 1055; 1885 S. G. L. Journal, 9856, 10105, 10176. 2740. Duty of Recording Secretary. He shall issue, sign and attest, when required by the Lodge or the laws and usages of the Order, all cards, certificates, drafts and other official documents, and affix thereto the Lodge seal, which 694. Skal. shall be in his charge and keeping. — Constitution Subordi- nates, Art. VII, Sec. 3. 2741. When Noble Grand and Secretary may use seal. The Noble Grand or Secretary has not the right to use the seal of the Lodge at any time or for any purpose, without a vote of the Lodge, except in accordance with the Consti- tution and By-Laws.— 1857 Journal, 270, 274. 2742. Must be printed or impressed, not affixed. The seal of a Lodge, in authenticating papers, must be printed or impressed upon the paper it authenticates, and not affixed thereto.— 1858 Journal, 333. 2743. Seal used for what purpose. The seal of a Lodge cannot be used except for the purpose of attesting the acts of the Lodge as such.— 1S78 Journal, 822, 928, 965. Note. — It should be used only iness of the Lodge — (1876 S. G. L. in transacting the legitimate bus- Journal, 6752, 6977, 7051). 2744. Official certificates. Official certificates (official re- ceipts for dues, etc.) are attested by the seal. — 1897 S. G. L. Journal, 15067, 15068, 14951. 2745. Orders for passwords. Orders for passwords must be under the seal of the Lodge giving the orders. — 1861 Journal, 179, 180. 2746. Notice of arrearages. A notice from the Financial Secretary of a Lodge to a brother in arrears for dues, does not require the impression of the Lodge seal. — 1862 Journal, 305; Porter vs. Magnolia Lodge, 1864 Journal, 482, 521, 522. 2747. Financial Secretary. It is not necessary to place the seal upon the notices of the Financial Secretary to make them official.— 1864 Journal, 482, 521. 2748. Communications and cards. All cards, whether visiting or withdrawal, and all communications from Grand or Subordinate Bodies, must be authenticated by having the seal attached. — 1862 Journal, 291. 2749. Laws and documents sent to Sovereign Grand Lodge. All laws sent to the Sovereign Grand Lodge for ap- t Seal. 695 proval shall bear the seal of the body adopting them, and all documents without seal (where the body has one) shall be returned by the Sovereign Grand Lodge without consid- eration.— 1872 S. G. L. Journal, 5518, 5547. 2750. Certifying to sickness. A Lodge has the right to use its seal in certifying to the sickness of a member of another beneficial society. — 1879 Journal, 24, 101, 110. 2751. Presumption in case of notice under seal. A notice coming from a Lodge, and issued under its seal, and the legal custodian of the seal being the Recording Secretary, by the laws of the Order, it will be presumed, nothing else appearing, that the person whose name appears to the com- munication so sealed, was the Recording Secretary of the Lodge, even if he do not sign himself as such. — 1878 Jour- nal, 829, 946, 974. 2752. Seal as evidence. It is not incumbent on the Dis- trict Deputy to go behind the seal of a Lodge to ascertain whether a brother claiming the Past Official Degrees is legal- ly entitled to receive them, but he may take the certificate of a Lodge as true. — 1863 Journal, 421. 2753. The seal of the Grand Lodge. Note. — A Grand Lodge must have a seal, and an impression thereof in wax, is required to be deposited with the Sovereign Orand Lodge. All laws sent to the Sovereign Grand Lodge for approval must bear the seal of (See Installation.) the Body adopting them, and all documents without a seal (when the Body has one) shall be re- turned by the Sovereign Grand Lodge without consideration — (1872 S. G. L. Journal, 5518, 6547). 096 Secret Journal — Session — Sick Brothers. SECRETS. 2754. Family, government and other secrets. The spirit of the laws of Odd Fellowship do not require any brother to betray family, government or other secrets, by means of which injury will be caused to himself or others. — 1864 Journal, 524, 545. SECRET JOURNAL. 2755. Duty to keep matters therein secret. Grand Lodge members are required to keep secret from the Subordinate Lodges all business of this Grand Lodge which is entered on the Secret Journal, unless otherwise ordered by the Grand Lodge.— 1857 Journal, 278. (See Journal.) SECRET WORK. (See Work of the Order.) SEMI-ANNUAL PASSWORD. (See Password.) SEMI-ANNUAL REPORTS AND RETURNS. (See Reports and Returns.) SESSION. 2756. Lodge meeting. A Lodge is a permanent society holding regular meetings every week. Every meeting is therefore a session. — Peckham vs. Pajaro Lodge, 1884 Jour- nal, 29, 128, 154. (See Annual Communications; Special Sessions.) SICK BROTHERS. 2757. Lodge not necessarily liable for expenses, when. A Lodge is not necessarily liable to pay expenses incurred in behalf of a sick brother merely because he continues to hold membership in the Lodge. — 1869 Journal, 121 ; 1870 Journal, 302. Sick Brothers. 697 2758. Right to care in sickness. So long as a brother remains in membership, whether in arrears for dues or not, he is entitled to care in sickness. — 1887 Journal, 846, 885. 2759. Duty to sojourning sick brothers. It is the duty of a Lodge to attend upon all sick brothers of the Order so- journing within its immediate jurisdiction, requiring such care, and in this respect to make no distinction between the stranger and its own members. But while this is the rule, it would seem to be more in harmony with the general teach- ings of our Order — those beautiful teachings which do not permit of a mere technical evasion of any duty — that a Lodge should always itself, with the aid of nurses, or by its own members, personally care for the sick of its own member- ship, when it can do so with but little more inconvenience than the same duty can be discharged by a sister Lodge. — 1882 Journal, 812, 859, 882. 2760. Duty of brothers when out of their own jurisdic- tion. Resolved, That the law found on page 10990 of the Journal of the Sovereign Grand Lodge for 1887 and digested in Section 112 of White's Digest of 1895 be and is hereby amended so as to read as follows : ' ' Resolved, That it is the duty of every Odd Fellow, when he is away from home and out of the jurisdiction of his own Lodge, to give attention and care to 'his brethren in distress and watch with the sick when necessary, as well as when he is within his own jurisdiction ; and further resolved, that it is and shall be the duty of every member of the Order, on taking up his resi- dence away from the vicinity of his own Lodge, to report himself to the Lodge nearest his residence, or when it is equally near to two or more Lodges, to one thereof, within thirty days after taking up such residence, and in making such report he shall give the name, number and location of his Lodge, and when requested by the Lodge to which he has reported, shall watch with the sick who are wider the care of said Lodge, both members and visitors; and any such member failing so to report or to watch shall not be entitled to attention from any Lodge. And this legislation 698 Sign— Smoking— Sovereign Grand Lodge. shall not be construed to hinder or prevent any Lodge or member from furnishing watchers or giving attention to any sick or needy brother. "—1899 S. G. L. Journal, 321, 322, 353, 354. Note.— The Grand Sire in No- of 1898 (S. G. L. Journal, pp. vember, 1905, rendered decisions 1G056, 16112, 16115 and also to that the law of 1887 (S. G. L. be found in Busbee's Digest, Sec- Journal, pp. 10990, 11028) as to tion 172) never became a law, as the duties of Odd Fellows away its consideration was indefinitely from home and also to be found postponed. These decisions are in Busbee's Digest, Section 172, is subject to the approval of the superseded and replaced by the Sovereign Grand Lodge at its ses- foregoing law or resolutions of sion in September, 1906. 1899, and that the proposed law (See Benefits; Relief Committee and Relief; Visiting Cojn- mittee ; Nurses and Watchers. ) I SIGN. 2761. Emblems and name of the Order. The use of them on any business sign prohibited. (See Emblems.) SMOKING. 2762. Prohibited in Lodge room. Whereas, The habit of smoking cigars, pipes and cigarettes in Lodge rooms dur- ing regular sessions, and even during work, is a growing evil and an offense against good order and decorum, demor- alizing in its influence and objectionable to many members, actually preventing some from enjoying Lodge meetings; therefore, be it Resolved, That Noble Grands of Lodges are required to prohibit smoking in Lodge rooms during **work," or when the Lodge is in regular session. — 1897 Journal, 1018. (See Funds.) SOVEREIGN GRAND LODGE. 2763. The source of all legitimate Odd Fellowship. It is the source of all true and legitimate Odd Fellowship in the United States of America, and possesses such powers and jurisdiction over the whole brotherhood as are provided Special Sessions of Grand Lodge. 699 in the Constitution and Ritual of the Order. Its authority- extends also to such Lodges and Encampments as may be organized under its charter in foreign countries. — Constitu- tion Sovereign Grand Lodge, Art. I, Sec. 2. 2764. Constitution of Sovereign Grand Lodge. It is pre- fixed to this Digest, page 3. For Index thereto, see Index to this Digest under the head Sovereign Grand Lodge. (See Constitution and Laws; Decisions.) 2765. By-Laws of Sovereign Grand Lodge. They are prefixed to this Digest, page 17. For Index thereto, see In- dex to this Digest under the head of Sovereign Grand Lodge. 2766. Organizations claiming to be part of the Order. No organization can have the emblems or refer to Ritual or work of Odd Fellowship and no organization claiming to be part Odd Fellowship can pay benefits or have legal ex- istence without the sanction of the Sovereign Grand Lodge. —1904 S. G. L. Journal, 541, 752, 820. SPECIAL FUND. (See Funds.) SPECIAL SESSIONS OF GRAND LODGE. 2767. How called and for what purposes, etc. Special sessions shall be called by the Grand Master on application, by resolution under seal, of ten Subordinate Lodges. Special sessions may also be called at the option of the Grand Mas- ter. Such sessions shall be for the transaction of extra- ordinary business only, which shall be specified in the call, and not less than thirty days' notice shall be given by letter to each Representative; which thirty days shall begin from the date on which said letters are mailed. Such special ses- sions shall be held at the place of meeting of the last previous annual communication. Special sessions may also be called at the option of the Grand blaster, at such time and place as he may deem advisable; at which session no business of any kind shall be transacted except the conferring of the 700 Spurious Lodge— Standing Committee. Grand Lodge Degree, Past Official Degrees, and the exem- plification of the work; ahvays provided, that such special session shall not be held unless either the Grand Master, Deputy Grand Master or Grand Warden and Grand Secre- tary of this Grand Lodge shall be present. — Constitution Grand Lodge, Art. II, Sec. 5, (See Annual Communications.) SPURIOUS LODGE. 2768. Organizing or visiting. No member of this Lodge shall be concerned in organizing or visiting any spurious Lodge of Odd Fellows. — Constitution Subordinates, Art. X, Sec. 1. STANDING COMMITTEE. 2769. Who constitute, and duties. The elective Grand Officers, except the Grand Representatives and the Trustees of the Odd Fellows' Home, shall constitute the Standing Committee, to act in the recess of the annual session of the Grand Lodge, and perform such duties as may be assigned to them. Of said committee the Grand Master shall be the chairman, and he may call meetings thereof at his discre- tion. — Constitution Grand Lodge, Art. VI, Sec. 1. 2770. Powers to fill vacancies in office. The Grand Master may suspend a District Deputy Grand Master from office for neglect of duty, and vacancies in such office, from any cause, shall be filled by the Grand Master. Vacancies in the other Grand offices, except that of Grand Master, shall be filled by the Grand Lodge, if in session; if not, then by the Standing Committee, for the remainder of the term. Pro- vided, that in case of vacancy in the office of Grand Repre- sentative or of Trustee of the Odd Fellows' Home the ap- pointee of the Standing Committee shall only hold until the succeeding session of this Grand Lodge. — Constitution Grand Lodge, Art. V, Sec. 4. i Stay of Proceedings. 701 STATE OF THE ORDER. 2771. Committee on State of the Order is a regular com- mittee. There shall be appointed at each annual session of the Grand Lodge a regular Committee on the State of the Order, from among the members present. — Constitution Grand Lodge, Art. VI, Sec. 2. 2772. Duties of committee. The Committee on State of the Order shall consist of five members, appointed in the same manner as the Finance Committee, who shall examine the reports of the District Deputy Grand Masters and such other matters as may be referred to them, and report there- on to the Grand Lodge; and they shall annually present to the Grand Lodge an exhibit of the conditions and progress of the Order under this jurisdiction and recommend such measures for the good of the Order as from time to time they shall judge proper. — Constitution Grand Lodge, Art. VI, Sec. 9. 2773. Certain questions referred to the committee. All questions involving explanation of laws of the Grand Lodge or relating to the State of the Order shall be referred to the Committee on the State of the Order. — 1861 Journal, 169; 1864 Journal, 519. (See Questions.) STATUTE OF LIMITATIONS. (See Trials.) STAY OF PROCEEDINGS. 2774. An appeal effects a stay only in certain cases. The filing of a notice of appeal, by any member, from the action of the Lodge authorizing the payment of money from the funds thereof, shall stay the payment of such money by the Lodge and its officers until the appeal has been heard and determined by the proper authority of this jurisdiction on such appeal, and then the Lodge and its officers shall be governed by such decision. This action shall not be ap- plicable to an order for the payment of sick benefits not ex- 702 Stay of Pkoceedings. ceeding twenty dollars, or to an order for the payment of a charitable donation to a brother or his widow, child or orphan, not exceeding fifty dollars, or to an order for money to secure a proper burial of a member, or his widow, child or orphan. — Constitution Subordinates, Art. VIII, Sec. 11. 2775. The effect of appeal. An appeal does not operate as a stay of proceedings, except in the cases provided in Article VIII, Section 11, Subordinate Lodge Constitution. An appeal by a member under suspension does not restore him to the privileges of his Lodge. — Newfield vs. Garcia Lodge, 1881 Journal, 503, 602, 627 ; 1870 Journal, 256, 282. 2776. Grand Master. In case of appeal from a Subordi- nate Lodge the Grand Master has no power to grant a stay of proceedings. — In re Los Angeles Lodge, 1876 Journal, 504, 509. 2777. The same — Stay or suspension of judgment. The Grand Master has no power to grant a stay of proceedings or cause a suspension of a judgment of a Lodge pending an appeal to the Grand Lodge.— 1877 Journal, 583, 678, 702. 2778. Announcement, statement or protest. The mere announcement or statement that a brother will or intends to appeal does not bring the case within the provisions of Section 11, Article VIII, of the Constitution of Subordinate Lodges, which provides that a notice of appeal shall stop the payment of the money. To stop the payment the notice of appeal must be given before the Lodge makes the pay- ment. The payment cannot be stayed by a protest or state- ment of an intention to appeal. — Mysell vs. Harmony Lodge, 1891 Journal, 669, 674. 2779. Appeal to Grand Lodge and Withdrawal Card. Our laws do not provide for a stay of proceedings in cases of appeal, except in those cases provided for in Article VIII, Section 11, Constitution of Subordinates. So, where a brother applies for a Withdrawal Card from his Lodge, and another brother prefers charges against him which, the Subordinate Lodge. 703 Lodge, upon motion duly made and carried, dismisses as in- formal or frivolous, whereupon the accusing brother appeals, the Lodge has the right to proceed to grant the card, with- out waiting for the determination of the appeal. — Newfield vs. Garcia Lodge, 1881 Journal, 503, 602, 627. 2780. Warrant for ten dollars each in favor of thirty-four brothers. A motion made and seconded to draw a warrant upon the funds of the Lodge for the sum of ten dollars each in favor of thirty-four brothers of the Lodge is stayed, and payment prevented by a notice of appeal from the action of the Lodge by a member of said Lodge, especially where the motion does not state, and the records of the Lodge do not show, that the donation was for charitable purposes. — 1898 Journal, 13, 221, 240. 2781. Reinstatement and appeal. An appeal from the action of the Lodge reinstating a brother does not suspend the membership of said brother until the determination of the appeal. Section 11, of Article VIII, of Constitution of Subordinates, enumerates the cases in which an appeal sus- pends the judgment of the Lodge, and this case is not one of them.— 1898 Journal, 223, 13, 256. 2782. Appeal to Sovereign Grand Lodge. A decision of the Grand Lodge is final and conclusive in all cases until re- versed. No authority is vested in the Grand Master, in case of appeal to the Sovereign Grand Lodge to grant a stay of proceedings, but the brother or Lodge desiring a stay should apply for and obtain the stay from the Grand Lodge, as the Grand Lodge alone possesses the authority to grant the same. — Lowenthal vs. San Jose Lodge, 1876 Journal, 506, 510. (See Appeals.) SUBORDINATE LODGE. 2783. Shall consist of at least five members. This Lodge shall consist of at least five members of the Degree of Truth, including one qualified to preside at its meetings, to be hailed and entitled Lodge, No. . . . , of the Independent 704 SUBOKDINATK LODGE. Order of Odd Fellows of California, holding a legal charter granted by the Grand Lodge of the Independent Order of Odd Fellows of the State of California. It cannot voluntarily surrender its charter so long as five Third Degree members in good standing object thereto. — Constitution Subordinates, Art. I, Sec. 1. Note. — Subordinate Lodges uniform Constitution for the gov- have no legislative power, except ernment of their Subordinates — to make By-Laws for their inter- (1848-1851 S. G. L. Journal, 1235, nal government. State Grand 1724, 1797-1786, 1807). Bodies have authority to adopt a 2784. Hall used for other purposes. There is no law which prevents a Subordinate Lodge from holding its meet- ings in the same hall that is used for other purposes than that connected with Odd Fellowship. — 1896 Journal, 409, 588, 629. 2785. Basement. There is no law preventing a Lodge from holding its meetings in a basement, provided the same is secure.— 1877 Journal, 582, 675, 697. 2786. Change from weekly to meetings once in two weeks. To change the meetings of a Lodge from once a week to once in two weeks, the By-Laws of a Lodge should be changed to that effect, after the Lodge has received per- mission from the Grand Master. To change back to once a week all that is necessary is to amend the By-Laws again in the regular manner, without any action on the part of the Grand Master.— 1895 Journal, 19, 195, 196, 236. 2787. Petition to change from weekly to meetings once in two weeks. If a Lodge wish to change its meetings from once a week to once in two weeks, the petition addressed to the Grand Master must be signed by two-thirds of all the members of the Lodge.— 1896 Journal, 408, 588, 629. 2788. Notice of change of meeting night. It is obligatory upon our Lodges to notify the Grand Secretary of any change in their night of meeting. — 1856 Journal, 207. Subordinate Lodge. 705 2789. Meetings on week days only. Meetings of all Sub- ordinate Lodges must be held on a week day and on regular specified days in the week.— 1889 S. G. L. Journal, 11744, 11798. 2790. Holidays. It shall be lawful for Subordinate Lodges, whenever their regular meeting nights fall upon the National Anniversary, Thanksgiving and other legally es- tablished or generally recognized holidays, to omit such ses- sions.— 1886 S. G. L. Journal, 10473, 10474. 2791. Opening in the Initiatory Degree. A Lodge should not close in the Third Degree and open in the Initiatory Degree until the Outside Conductor comes in and reports his examination of the candidate. The officers may prepare for initiation while the Outside Conductor is in the ante-room, and then, after he has returned, close the Lodge in the Third Degree and open in the Initiatory. — 1897 Journal, 804, 805, 994, 1034. 2792. Dedication. A Lodge may meet in a new hall pend- ing its dedication.— 1895 Journal, 21, 185, 235. 2793. Noble Grand and Vice-Grand absent. If both the Noble Grand and Vice-Grand be absent, a Past Grand may preside, the senior Past Grand present being entitled to the preference.— 1896 Journal, 608, 636. 2794. Noble and Vice-Grand absent and no Past Grand present. The Noble and Vice-Grand absent, the Lodge not having a Past Grand except the Noble Grand, members from the floor may be chosen to fill the offices, a quorum being present, all regular business transacted is legal; but those present cannot initiate or confer degrees without a qualified officer.— 1895 Journal, 39, 185, 235. (See Sections 2598, 2783.) 2795. Settlement of controversies. A Subordinate Lodge is entitled to exercise a fair discretion in the management of it« property and in the settlement of controversies which 45 706 Subordinate Lodge. may arise concerning its property and business transactions. — Crossland vs. Delano Lodge, 1895 Journal, 135, 178. 2796. Compromise or settlement of financial questions. In the settlement of financial questions arising from contracts between a member and the Lodge, the Lodge may, if it deem or find it just and reasonable under all the circumstances of the case, or for the best interest of the Lodge, compromise or settle such matters by accepting a less amount than is due. — Clough vs. Phoenix Lodge, 1896 Journal, 525, 558. 2797. Application for pecuniary aid. No Lodge shall en- tertain any application from a Lodge for pecuniary aid or assistance under whatever scheme it may be offered, unless it be authorized by the Grand Lodge or the Grand Master of the jurisdiction in which such aid is solicited. — 1896 Jour- nal, 410, 588, 629. 2798. Rights as regards its own members. A Lodge has the right to investigate the circumstances and condition of its members at any time, and loses none of its rights over its members by reason of their being in the charge of another Lodge or of a Relief Committee.— 1889 Journal, 33, 122, 163. 2799. Right to speak. A Lodge has no right to deprive a brother of the right to speak, so long as he is a member of the Lodge. A By-Law to that effect is illegal. — 1888 Journal, 1026, 1111, 1130. (See Sections 21 and 3199.) 2800. Account of moneys paid to Grand Secretary and of supplies and property received. Each Lodge in this juris- diction shall, at every annual session of this Grand Lodge, send by its Representatives thereto a detailed and itemized account of all moneys paid to the Grand Secretary, and all supplies and property received from him during the past year, which reports shall be delivered to the Finance Com- mittee of the Grand Lodge, and by that committee compared with the books of the Grand Secretary, and if any discrep- ancies are found, the same will be immediately reported to ft I I \ Subordinate Lodge. 707 this Grand Lodge. That on the last meeting night in March of each year said financial statement shall be submitted, and after being duly approved by the Finance Committee of the Lodge shall be approved by the Lodge and immediately thereafter transmitted to the Finance Committee of the Grand Lodge. And in order to secure prompt compliance with the foregoing resolution, the Grand Secretary shall, at least sixty days before the annual session of the Grand Lodge, transmit by mail, postage paid, to each Lodge, a copy of the foregoing resolution, and shall report at the opening of the Grand Lodge whether or not he has fully complied with this direction.— 1894 Journal, 767; 1902 Journal, 876, «79, 892. 2801. The same — To be sent to chairman of Finance Com- mittee. The Lodges are in future to send their reports of such matters to the chairman of the Finance Committee, in- stead of to the Grand Secretary. When blanks are sent to Lodges for these reports they are to be accompanied by return envelopes addressed to the chairman of the Finance CJommittee.— 1895 Journal, 168, 187. 2802. To annul or rescind action. The officers of a Lodge are not the Lodge, but are its executive agents, and the Lodge only possesses the power to annul or rescind its action.— 1877 Journal, 711, 715. 2803. Obedience to the Grand Lodge. A Subordinate Lodge owes obedience to its o.wn Grand Lodge, and would violate any law of the Grand Lodge at its peril; but, if aggrieved, may appeal to the Sovereign Grand Lodge. — 1860 Journal, 28, 29. 2804. May refuse permission to join Lodge further from residence. A Lodge has a right to refuse a brother permis- 8ion to join another Lodge, further from his place of resi- dence than the one of which the permission is asked, and the Jjodge is not required to give any reason for such refusal. — 1864 Journal, 555. 708 Subordinate Lodge. 2805. Regular meetings. Neither the Lodge nor the Grand IMaster have the power to dispense with a regular meeting, or to authorize a regular meeting on any other day than the regular day.— 1872 Journal, 575, 665, 684. (See Section 2790.) 2806. Opening Lodge. On opening a Lodge, after the Noble Grand instructs the Guardians to close the doors, no brother except the Warden, who goes into the ante-room to take up the password, should be allowed to enter the Lodge- room until the Lodge is declared open by the Right Sup- porter of the Noble Grand.— 1897 Journal, 804, 994, 1034. 2807. Day and hour of meeting. If the time for the meeting of a Lodge be fixed by the By-Laws, such time can be changed (either as to day of week or hour), only in such manner and by such vote as is required by the By-Laws. In such a case, the change would have to be made by an amend- ment of the By-Laws, unless the By-Laws themselves provide a different method therefor.— 1897 Journal, 1030, 1054. 2808. Re-opening the same evening. A Lodge, after clos- ing, cannot re-open on the same evening and transact busi- ness that is required to be transacted at a regular meeting. — 1880 Journal, 361, 376. 2809. Conduct unbecoming a Lodge. The transmission from one Lodge to another of a resolution characterizing a certain action of the other Lodge as an insult to the first Lodge, is conduct unbecoming a Lodge and is an act that merits censure. It is a practice which should never be re- sorted to in our Order, as it tends to create discord, contra- venes the spirit of fraternity, violates the sentiments of char- ity and is not in conformity with the teachings and prin- ciples of Odd Fellowship. — Laguna Lodge vs. Rose, 1877 Journal, 689, 704. 2810. Right of self-government. Under our system of laws a Lodge is a Sovereignty, having all the rights of self- government; subject, however, to the Constitution and Laws Subordinate Lodge. 709 of the Sovereign Grand Lodge and the Grand Lodge of this State.— Haswell vs. Capitol Lodge, 1873 Journal, 865, 887; Frazer vs. Santa Rosa Lodge, 1887 Journal, 841, 854. 2811. Executive, legislative and judicial powers. It pos- sesses and exercises executive, legislative and judicial powers, and in the administration of the benefits and char- ities of Odd Fellowship the presumption is in favor of the justice and legality of its proceedings. — Haswell vs. Capitol Lodge, 1873 Journal, 865, 887 ; Frazer vs. Santa Rosa Lodge, 1887 Journal, 841, 854; Donnelly vs. Sutter Creek Lodge, 1876 Journal, 505, 510. 2812. Disorder and improprieties. Subordinate Bodies, by existing regulations, possess an inherent right to protect themselves from disorder, the want of decorum, and viola- tions of the ordinary proprieties of life. — 1858 Journal, 346. 2813. Lodges working under dispensation. A Lodge (which has not yet received a charter) working under dis- pensation, cannot confer three degrees on a candidate at the same meeting, by virtue of the said dispensation granted at their institution. Such Lodge is subject to the same rules that govern chartered Lodges.— 1885 Journal, 287, 403, 432. 2814. Lodge exists by virtue of its charter. Subordi- nate Lodges of this Order do not, in the first instance, de- pend upon the laws of the State for their existence. They hold the charter of their existence from the proper Grand Lodge, and only under, and in pursuance of such charter, can they exist at all. Odd Fellowship is, so to speak, a law unto itself, and does not need to place itself under the con- trol of State laws.— 1881 Journal, 582, 613. 2815. Offenses of Subordinate Lodges. Whenever any Subordinate or Degree Lodge shall violate the Constitution, By-Laws, Rules or Regulations of the Sovereign Grand Lodge, or of this Grand Lodge, such Lodge shall be liable to a trial and punishment of suspension or expulsion. — Consti- tution Grand Lodge, Art. XI, Sec. 1. 710 Subscription— Sunday. 2816. Charge against Lodge for unbecoming conduct. Where a Lodge is charged with unbecoming conduct, in that it fails and refuses to visit the sick of sister Lodges when confided to its care, the charges must distinctly set forth the offense with specifications of time, place and circum- stance, sufficient to constitute a complete offense, so as to enable the Lodge to prepare for its defense. — Riley vs. En- cinal Lodge, 1882 Journal, 850, 881. 2817. A Lodge may answer questions of sister Lodge. A Lodge has a right to answer questions derogatory to the character of a visiting member, where such questions are asked by the Lodge to which such visiting member belongs, without the answering Lodge being informed that charges have been preferred against such member. — 1885 Journal, 289, 403, 432. (See Property of the Lodge.) SUBPOENA. (See Trials.) SUBSCRIPTION. 2818. Semi-Annual Password. Lodges cannot charge subscriptions to a brother's account and thereby deny him the Semi-Annual Password when the By-Laws do not so provide. — 1860 Journal, 88. SUICIDE. (See Benefits; Funeral; Dues.) SUMMONS. (See Trials.) SUNDAY. 2819. No Lodge meeting on Sunday. No Lodge or En- campment or Degree Lodge shall hold any meeting for work or business upon Sunday, except for funeral purposes. Per- Supplies. 711 mission to institute a Lodge on Sunday refused. — 1870-1886 S. G. L. Journal, 4834, 10256, 10487, 10511; 1871 Journal, 395. 2820. Committee meetings — Conscientious scruples — Fines. Committees of Lodges cannot oblige the members thereof to attend meetings on Sunday in violation of their conscientious scruples, and a Lodge has no right to require attendance of its officers or members at such meetings, or to inflict a fine or penalty for non-attendance. The Order of Odd Fellows goes forth to its work holding in its hands the assurance that it does not require of those who lay their vows upon its altars any opinion or act that may conflict with the "exalted duties they may owe to their God, their countries, their families, or themselves"; and it is asking too much of a brother, after admitting him into the Order under such a stipulation, to require him to perform an act that would outrage his conscience, or, in failure thereof, present him the alternative of resigning his office or his membership in an Order which he entered in full faith upon the sincerity of its assurances. This decision relates to fining of a member for non-attendance at a meeting of a General Relief Committee.— 1874 S. G. L. Journal, 6329, 6330, 6234, 6314. 2821. Picnic. A Lodge has a right, without dispensation, to hold a picnic on any day without regalia. This decision made in reference to the protest of a Lodge concerning the celebration of its anniversary on Sunday. — 1870 Journal, 190, 274 to 279, 296. SUPPLIES. 2822. Cash must accompany order for. Resolved, That the Grand Secretary be and he is hereby forbidden to fur- nish supplies to Subordinate Lodges, unless the order for the same be accompanied with the cash, and that all sums less than ten dollars be forwarded through the registry de- partment of the postoffice. Resolved, That the Grand Secretary be instructed to have the above resolution printed on the cover of the printed 712 Supplies. Journal, calling the attention of the Lodges to the same. — 1860 Journal, 80. 2823. Fixing the price. The Committee on Printing is empowered to revise and fix the price of the present list of printed supplies of the Grand Lodge. — 1895 Journal, 190, 235, 238. 2824. Grand Secretary shall prepare list. Resolved, That the Grand Secretary shall prepare a list of all Grand Lodge supplies, showing their cost to the Subordinate Lodges, and a copy thereof shall be transmitted to each Subordinate and Rebekah Lodge in the jurisdiction with direction to the Secretaries thereof to place the same in a conspicuous place for future reference. And the Grand Secretary is forbidden to sell any supplies or fill any orders for the same, except upon receipt of the money therefor. — 1887 Journal, 859, 860, 881. 2825. Schedule of prices for supplies. The following sup- plies must be obtained from the Grand Secretary, I. 0. 0. F., of the State of California: Anniversary Ceremonies, each $ 25 Book of Forms ( for public use ) , each 1 00 Bound Journal Grand Lodge of California, per volume 3 00 Bound Journal Sovereign Grand Lodge, per volume 3 00 Charter Fee, Subordinate, including two Rituals and Journals and Digest 30 00 Charter Fee, Rebekah, including two Rituals and Digest 10 00 Cards, Withdrawal, Visiting and Dismissal Certificates, each. ... 25 Cipher Key 50 Constitutions, Subordinate, in sheets for binding, per hundred ... 3 00 Constitution Book, for members to sign 2 00 Degree Charts, Subordinate 2 50 Digest, Grand Lodge of California, per volume 3 00 Digest, Sovereign Grand Lodge (1903 Edition), per volume 3 50 Diplomas, Subordinate (new issue) 75 Funeral Ceremonies, each 25 Floor Work (Sovereign Grand Lodge), Subordinate Lodges, each 50 Memorial Ceremonies, each 25 Orders for Password, per fifty, 75 cents; per hundred 1 00 Ode Cards, Subordinate, or funeral, each 08 Ode Cards, Subordinate (with music) , each 121/0 Ode Books ( with music ) , each 75 Official Certificates, Sovereign Grand Lodge, per hundred 1 00 Suspended Lodge — Suspension. 713 Propositions, Subordinate, per fifty, $1 00; per hundred 1 50 Propositions, with medical certificate, per fifty, $1 50; per hun- dred 2 00 Question Book 2 00 Rituals, Subordinate, each 2 50 Roll Book of Officers, each 1 25 Seal and Press, design to be furnished by Lodge 5 00 The following supplies may also be obtained from him: Treasurer's Warrant Book $3 50 Treasurer's Receipt Book (receipts of the evening) 2 00 Visitors' Register 2 00 Secretary's Cash Book ( new form ) 2 50 Notices of Suspension, per fifty, 75 cents; per hundred 1 00 Notices of Arrearages, per one hundred and twenty- five 1 00 Letter Heads, one ream, $4 50; one-half ream, $2 50; one-fourth ream, $1 50 ; one-eighth ream 1 00 Record Books and Ledgers (according to size) Orders for supplies should be under the seal of the Lodge. (Supplies for Rebekah Lodges, see Rebekah Branch.) SURETY. (See Bonds.) SUSPENDED LODGE. 2826. Visiting. No member of this Lodge shall be con- cerned in visiting a suspended Lodge of Odd Fellows. — Con- stitution Subordinates, Art. X, Sec. 1. SUSPENSION OF LODGE. (See Charter.) K SUSPENSION. ^L 2827. Notice of. Notice of all suspensions and of brothers ^■prho have been suspended in accordance with Section 1 of ^"this Article (for non-payment of dues), shall forthwith be forwarded to every Lodge in the county ; to the Subordinate Kncampment and Rebekah Lodge of which the brother is •1 member and to the Grand Secretary.— Constitution Sub- rdinates, Art. VIII, Sec. 8. (See Trials; Membership; Black Book.) 714 Telegraph Cipher and Key. SUSPENSION FOR NON-PAYMENT OF DUES. (See Dues.) TELEGRAPH CIPHER AND KEY. 2828. Established and its use recommended. The fol- lowing telegraph cipher and key the Sovereign Grand Lodge has established, and its use recommended, and directs Grand Lodges to publish it in all editions of their general laws : House: Is in our city, holding a Visiting Card from your Lodge, and asking of us financial assistance. Funds: Shall we aid him, and draw on you to the extent of $ ? Cash: Is in our city, asking financial assistance, and claims membership in your Lodge in good standing. River: Has your Lodge a member in good standing by the name of ? Boat: He is an expelled member, and has not been in good standing for White: We don't know any such party, and he does not belong to our Lodge. Grip: Draw on us for the amount of expenses incurred. Caution: Look out for a fraud named Secretary: He has a fraudulent card. Final: A member of your Lodge died here. Black: He is a fraud, and if he has a card or other papers from this Lodge, they are forgeries. Red: Holding a Visiting Card from your Lodge, died here. Green: Wire instructions to us at once as to the disposi- tion of his remains. Yellow: Is in our city, and very sick. Claims member- ship in your Lodge. Shall we give him attendance on your account ? Purple: We think best to bury him there. Lodge: Forward remains to this place by f I Terms. 715 Regalia: Assist him, and we will honor draft to extent of $ Help: Will your Lodge pay nurse hire, and how much per day? Benefit: What sick and funeral benefits do you pay? Widozu: Wife or child of a deceased member of your Lodge is in our city asking assistance. Shall we draw on you to the extent of $ ? —1895 S. G. L. Journal, 14555, 14569 ; 1899 S. G. L. Journal, 322, 354 ; 1896 S. G. L. Journal, 15060, 15090. 2829. Must be printed with Subordinate Lodge Constitu- tion. The Telegraph Cipher and Key adopted by the Sov- ereign Grand Lodge must be printed with all Constitutions of Subordinate Lodges that may be hereafter printed. — 1903 Journal, 168, 206. TEMPERANCE. (See Liquors; Membership; Offenses.) TERMS. 2830. When commence and end. All terms shall com- mence on the first day of January and July in each year, and end on the day on which the succeeding one commences. — Constitution Subordinates, Art. XI, Sec. 1. 2831. Yearly terms. Lodges may provide for yearly terms in their By-Laws and may elect officers annually in December for the ensuing year when so provided in their By-Laws. — Constitution Subordinates, Art. VI, Sees. 1 and 6. Note. — No terms other than ized to make the terms of their six months or one year are al- Subordinates one year instead of lowed, and no power subordinate six months — (1889-1890 S. G. L. to the Sovereign Grand Lodge can Journal, 11743, 11790, 11900, change the terms of the officers. 12217, 12281). Grand Lodges have been author- 2832. Special term. Where a Lodge is instituted on April 24th the term commences on that date and continues 716 Treasury — Trials. until the 31st day of December. This is called a special term.— 1902 Journal, 749, 903, 939. 2833. Short terms — Special terms — New or revived Lodges. Whenever a Subordinate Lodge is instituted or resuscitated during the first half of a regular term, so that a majority of the meeting nights of such term shall remain at the time of such institution or resuscitation, such period shall constitute a short term, which shall end on the first meeting night of the succeeding regular term; but when a Subordinate shall be instituted or resuscitated during the last half of a regular term, so that a majority of the meeting nights of the term shall not remain at the time of such insti- tution or resuscitation, the term is extended to the end of the succeeding regular term. Such terms are called special terms.— 1889 S. G. L. Journal, 11743, 11790. TREASURY. 2834. Appropriation of money. Money cannot legally be drawn from the treasury for any purpose without the same has been authorized by the Lodge. — 1905 Journal, 744, 932, 948. TRIALS. 1. Accuser, page 716. 2. Charges — Demurrer; Plea; Amendments and Dismis- sal, page 720. 3. Summons, page 734. 4. Trial Committee, page 738. 5. Evidence and Witnesses, page 756. 6. Objections and Exceptions, page 770. 7. Judgment and Penalties, page 778. 8. Miscellaneous, page 795. 1. ACCUSER. 2835. Who may prefer charges. Charges # # • shall be submitted to the Lodge in writing and signed by a member of a Lodge within this jurisdiction. — Constitution Subordinates, Art. VIII, Sec. 3. J t I Trials. 717 2836. Lodge, as such, cannot be accuser. A Lodge, act- ing in its capacity as a Lodge, has not the right to prefer, under its seal, charges against a member of another Lodge ; and the Lodge to which the accused belongs has not the right to proceed to investigate such charges and place the accused on trial, the penalty involved being suspension or expulsion.— 1867 Journal, 338, 339, 349. 2837. The same. No Lodge, in its capacity as such, can prefer a charge against a brother, but it is the right and duty of any member of a Lodge in the jurisdiction having knowledge of a brother's fraud upon the Order, to prefer a charge against the guilty brother, which must be signed by a member of a Lodge in this jurisdiction. — 1883 Journal, 1146, 1156 ; 1884 Journal, 13, 116, 153. 2838. When acting Past Grand to prefer charges. The acting Past Grand shall prefer charges when violations of the law are called to his attention by brothers of the Lodge. — Constitution Subordinates, Art. VII, Sec. 10. 2839. Noble Grand and committee to investigate and pre- fer charges. If a member of a Lodge goes into the saloon business and no one prefers charges, the Noble Grand, in the absence of any law or action by the Lodge authorizing him to do so, cannot of his own motion appoint a committee to investigate the matter, and if the committee find the mem- ber has engaged in the prohibited business, to prefer charges against him. — 1904 Journal, 368, 555, 568. 2840. Accuser must be member within jurisdiction. Charges cannot be entertained by a Lodge, unless made by a member of some Lodge within the jurisdiction of this Grand Lodge. — 1856 Journal, 214. 2841. Accuser, a member of another jurisdiction. A Lodge has no jurisdiction of charges filed by a member of another jurisdiction against a brother of this jurisdiction who is not a member of the Lodge in which charges are filed. — 1905 Journal, 743, 932, 948. 718 Trials. 2842. Accuser not present. The brother who prefers the charges is not required to be present when the charges are presented in open Lodge, or at that meeting of the Lodge. — Silberstein vs. Capay Lodge, 1904 Journal, 517, 527. 2843. A brother under charges. A brother under charges has the right to prefer charges against a member. — 1889 Journal, 31, 122, 163. 2844. Brother in arrears. A brother in arrears, but not suspended, may prefer charges. — Bidwell Lodge vs. Price, 1873 Journal, 856, 864. 2845. A suspended brother. A brother while under sus- pension for cause, or non-payment of dues, has not the right to bring charges against a member. — 1899 Journal, 468, 431, 675. 2846. Members of the Order. None but members of the Order can prefer charges. — 1855 Journal, 130, 139. (See Section 3870.) 2847. Holder of Withdrawal Card. A brother holding an unexpired Withdrawal Card may prefer charges against a member of his Lodge during the year for which said card extends.— 1857 Journal, 250; 1870 Journal, 187, 255. 2848. No personal knowledge. A brother may prefer charges, although he have no personal knowledge of the acts or conduct constituting the offense. — Weller vs. Soquel Lodge, 1892 Journal, 69, 90. 2849. Motive of accuser. In the matter of charges the motive or pretext of the accuser is not a question that can affect the right to prefer charges. — Weller vs. Soquel Lodge, 1892 Journal, 67, 90. 2850. An accused brother. A brother can prefer charges against one who has preferred charges against him. — 1891 Journal, 586, 690, 716. 2851. Personal knowledge, information or belief. The accuser is not required to have personal knowledge of the I Trials. 719 acts constituting the offense, nor to state in charges that he prefers them on information or belief, or otherwise. If either party desire him as a witness for any purpose, he may be called and his testimony taken. — Whitters vs. Truth Lodge, 1890 Journal, 430, 448; Tully vs. San Francisco Lodge, 1890 Journal, 402, 410. 2852. Accuser need not be notified of Lodge's decision. The Recording Secretary of a Subordinate Lodge is not bound to notify a brother who has preferred charges, of the decision of the Lodge upon them. He must supply himself with information on that point. — Kendall vs. Eureka Lodge, 1855 Journal, 121, 132. 2853. Absence of accuser from trial. Absence from the trial of a member on charges, either by death or otherwise, of the brother preferring said charges, does not operate as a stay of proceedings or dismissal of the case; but the com- mittee may adjourn from time to time to compel the attend- ance of the accuser, or take his deposition if he be living. — 1866 Journal, 134, 219, 230. 2854. Motive or purpose — Witness. It is a matter of in- difference whether the charges were ''made out" by the brother who signed them or not. They are not required to be signed by any witness for the prosecution, the motive or purpose for which a brother prefers charges do not affect their validity. — Berns vs. Blue Lake Lodge, 1892 Journal, 93, 101. 2855. Right to know name of accuser. It is the right of a member of a Lodge, when put upon trial upon charges made against him, to know the name of his accuser and to raise the point for investigation whether the person pre- ferring the charges is really a member of the Order. The Noble Grand has no right to order the name of the person preferring charges to be withheld. The accused shall be furnished with a full copy of the charges preferred. — Chedic V8. Eldorado Lodge, 1855 Journal, 130, 139. (See Rituals.) 720 Trials. 2. CHARGES— DEMURRER— PLEA — AMENDMENT- DISMISSAL. 2856. When not obligatory upon member to prefer charges. It is not obligatory, but optional, on a member to prefer charges against another member for a violation of any important law of the Order, if said member be satisfied in his own mind that it was caused by negligence and not from any willful violation of such law, unless a repetition of the offense is to be feared ; but it should be reported to the Grand Master. The intent of an action should be the chief cause for consideration in matters of this nature. — 1857 Journal, 271. 2857. Certain charges not encouraged. Charges should never be brought or encouraged when there is simply a dis- agreement between brothers and for the mere settlement of such disagreement. It is. not for every offense even that charges should be preferred. The person offended against has often a duty of forbearance to perform, which much better proves him a worthy brother than the preferring of inconsiderate charges for slight offenses. — ^Brooklyn Lodge vs. Mallett, 1861 Journal, 165, 192. 2858. Petty grievances and small matters. The Lodge- room is neither the place for settling the law of the land nor for adjusting petty grievances. It is a school in which to learn to avoid offending our brothers, but it is not an institution insuring us against the ordinary vexations of life. In small matters it is better to forgive instead of frit- tering away the time in bringing a brother to the bar of the Lodge for trial. — Kennedy vs. Crusade Lodge, 1863 Journal, 412, 413. 2859. Charges in nature of criminal prosecutions. Charges are in the nature of criminal prosecutions, and should not be resorted to except in cases of criminal, im- moral or wrongful act or intent. — Occidental Lodge vs. Adams, 1874 Journal, 82, 117 ; 1880 Journal, 322, 351. 2860. Charges against member of another Lodge. Charges preferred by a member of a Lodge in this jurisdiction Trials. 721 against a member of another Lod«:e in this jurisdiction must be preferred in the Lodge to which the accused belongs. No other Lodge has jurisdiction or right to receive or act upon the same. The law of the Sovereign Grand Lodge (see Sov- ereign Grand Lodge Journal for 1871, pages 4993, 5195 and 5245) is not applicable in this Grand Lodge jurisdiction as to the charges preferred by a member of a Lodge of this juris- diction against a member of another Lodge of this jurisdic- tion. In such cases it is not necessary nor proper to submit charges to the complainant's Lodge nor to have a certified copy transmitted under its seal to the Lodge of which the accused is a member. — Weller vs. Soquel Lodge, 1892 Jour- nal, 67, 90 ; 1896 Journal, 415, 578, 619 ; Preble vs. Harmony Lodge, 1879 Journal, 81, 99; Sullivan vs. National City Lodge, 967, 977. 2861. Brother suspended for non-payment of dues. A Subordinate Lodge has jurisdiction over a brother who has ceased membership on account of non-payment of dues, when charged with conduct unbecoming an Odd Fellow. — 1861 Journal, 179, 181. 2862. Suspended for non-payment of dues and saloon business. Charges can be legally filed against a brother who has been suspended for non-payment of dues for engaging in the saloon business. — 1903 Journal, 22, 155, 180. 2863. Suspended for a year. A brother under suspension for a year for an offense, who commits another offense dur- ing the suspension, is still a member of the Order and amen- able to its laws, and charges may be preferred against him for the second offense and he may be tried therefor. — 1889 Journal, 28, 122, 163; 1867 Journal, 339, 350. (See, also. Sections 3227 and 3228 of this Digest.) 2864. Limitations — Within what time charges must be preferred. There shall be no limitation within which charges must be preferred for revealing the secrets of the Order, or for gaining admission by any false representation, or for embezzlement or wrongful appropriation of the funds or 46 722 Trials. property appertaining to a Lodge or the Order, or for fraud or dishonesty toward the Lodge or the Order, or for being an unworthy person at the time of initiation, or for homicide or felony. All charges for other conduct unbe- coming an Odd Fellow must be preferred within two years after the commission of the same. — Constitution Subordi- nates, Art. VIII, Sec. 12. 2865. Seduction and our law of limitations. Section 12, Article VIII, of the Constitution of Subordinate Lodges, ex- pressly declares that there shall be no limitation within which charges must be preferred for felony. For the offense of seduction under promise of marriage of a female of previous chaste character, prohibited by Section 628 of the Penal Code of the State of California, charges may be pre- ferred in the Lodge at any time after the commission of the offense, for it is a felony by the law of the State. The fact that after trial and conviction in a court of justice of this State, the court does not sentence the party to confinement in the State Prison, but imposes as the punishment a fine, and in default of payment imprisonment in the county jail, does not affect the law contained in Section 12, Article VIII, of Constitution of Subordinate Lodges, or exempt the offense from the operation of that provision which decrees that there shall be no limitation within which charges shall be preferred for felony. — Dunbar vs. Chorro Lodge, 1900 Jour- nal, 134, 135, 176. 2866. Charges or accusation. Charges shall duly specify the offense so as fully to apprise him (the accused) of the nature thereof, and to enable him to prepare for his de- fense, and shall be submitted to the Lodge in writing, and signed by a member of a Lodge within this jurisdiction. — Constitution Subordinates, Art. VIII, Sec. 3. 2867. Demurrer and amendment. The accused may de- mur to the charges for insufficiency. If the committee sus- tain the demurrer, it shall forthwith report the same to the Lodge, which, if it approve the action of the committee, may permit amended charges to be filed at any time within two weeks. — Constitution Subordinates, Art. VIII, Sec. 3. Trials. 723 Plea. The accused may plead orally guilty or not guilty. — Coustitutiou Subordinates, Art. VIII, Sec. 3. 2869. Charges, motion to lie on table. The Lodge, if it desire to consider the charges before action upon them, has the right to order them to lie on the table for one week. — Piddington vs. Ontario Lodge, 1896 Journal, 524, 558. 2870. Payment of dues does not affect. The payment of dues by a brother, after charges are preferred against him, does not in any manner affect the charges or the prosecu- tion of the same. — Strong vs. Eel River Lodge, 1893 Journal, 347, 363. 2871. What shall charges contain. Charges shall dis- tinctly set forth the offense, with specifications of time, place and circumstances, sufficient to constitute a complete offense, otherwise they are insufficient. — 1856 Journal, 211, 215 ; Fleury vs. Washington Lodge, 1856 Journal, 199, 200 ; Powers vs. Suisun Lodge, 1867 Journal, 331, 349 ; Brooklyn Lodge vs. Henderson, 1868 Journal, 477, 501, 502; Price vs. Magnolia Lodge, 1863 Journal, 401, 414; Paul vs. Laurel Lodge, 1885 Journal, 355, 367 ; Porter vs. San Lorenzo Lodge, 1894 Journal, 689, 690, 718; Morse vs. San Mateo Lodge, 1901 Journal, 541, 544; Pfeifter vs. Orange Lodge, 1903 Journal, 157, 180. 2872. Specifications. No charges sufficient without speci- fications.— 1863 Journal, 401, 414. 2873. Time of commission of offense, etc. Charges alleg- ing the acts to have been committed some time in June, or shortly before, *'are too indefinite as to time." They should state the time of the commission of the offense, the place and circumstances. — 1863 Journal, 395; 1856 Journal, 199, 200; 1863 Journal, 401, 404; Morse vs. San Mateo Lodge, 1901 Journal. 541, 544. 2874. Venue. Charges which do not aver the venue, that is the place or county, are insufficient. — King vs. Ophir Lodge, 1896 Journal, 576, 618; Roe vs. Eel River Lodge, 1891 Journal, 666, 674; Howard vs. Martha Washington Rebekah 724 Trials. Lodge, 1891 Journal, 665, 674; Morse vs. San Mateo Lodge, 1901 Journal, 541, 544. 2875. Charges in ordinary language and technicality. The same degree of technicality that is exacted by courts of justice in public accusations is not required in prosecu- tions in Odd Fellowship. If charges and specifications state facts constituting an offense in ordinary language, and in such a manner as to enable one of common understanding to know what is intended, or in such a manner as to apprise the accused of the nature thereof, and to enable him to pre- pare for his defense, they are sufficient. — Price vs. Magnolia Lodge, 1863 Journal, 401, 404; Preble vs. Harmony Lodge, 1879 Journal, 81, 99 ; 1880 Journal, 323, 351. 2876. Precision of statement. Our Order does not re- quire the same degree of technicality or precision of state- ment in the charges made against a brother as is required in the pleadings in the courts of law. — ^Fella vs. Golden Gate Lodge, 1883 Journal, 1164, 1180. 2877. Not like indictments. Charges and specifications are not required to be drawn with that fullness of form and particularity of statement which characterizes indictments in courts of justice. — Shelton vs. Scio Lodge, 1894 Journal, 685, 728. 2878. Charges to be direct and certain. Charges should be direct and certain. They should not be in the alternative. It is permissible to state the date as "on or about the 7th day of April, 1893." — Berry vs. Evergreen Lodge, 1896 Jour- nal, 520, 557. 2879. Insufficient charges. It is insufficient to charge that a person did an act ''so far as appearances show," for charges should be direct and certain. — Krocker vs. Maxwell Lodge, 1899 Journal, 546, 612. 2880. The same. Where the charges are intended to ac- cuse a brother with improperly interfering in the family affairs of the accuser, specifications which use the words Trials. 725 **Mrs. Brown'* without stating that she is the wife of the accuser, and without stating who she is or what relation she bears to the accuser or accused, are insufficient. In charges relating to such matters it is best to state all the acts and course of conduct of the accused in one specification, and to allege that the acts are in violation of the accused 's duty as an Odd Fellow, and to allege the intent or j)urpose with or for which the acts are committed. — Pfeift'er vs. Orange Lodge, 1903 Journal, 157, 180. 2881. Nature of charges. Charges are in the nature of criminal prosecutions and the intent should be considered and they should specify some criminal, immoral or wrong- ful act, or should specify some acts constituting a violation )f law or duty. — Berry vs. Evergreen Lodge, 1896 Journal, >20, 557. 2882. Charges must contain name of accuser. Where the sharges are defective in the name of the person preferring lem, and the accused makes this a ground of objection, the jonviction should be reversed. — Cloutman vs. Eldorado Ige, 1855 Journal, 129, 139. 2883. Embezzlement. Where a brother is accused of em- bezzling a certain amount of money, the prosecution is not required to prove the exact amount of the defalcation as charged. The words "more or less" after the amount stated in the charges do not render the charges defective. — Preble vs. Harmony Lodge, 1897 Journal, 81, 99. 2884. Not an Odd Fellow when offense committed. It has not been the practice in our Order either to allege in the specifications or to prove that the accused was an Odd Fellow at the time of the commission of the offense charged. When an accused believes that the fact that he was not an Odd Fellow at the time of the commission of the offense charged, will avail to relieve him from responsibility to the Order for his conduct, he should prove that fact on the trial. He should thus make it an issue in the case. — Billings vs. Kureka Lodge, 1891 Journal, 695, 697, 723. 72G Trials. 2885. Conduct unbecoming an Odd Fellow. The follow- ing complaint was filed against a brother: ''I herewith file a complaint against Brother (giving his name) for conduct unbecoming an Odd Fellow." It was signed by the accuser. The charges are entirely insufficient, and the Lodge can, on motion, dismiss the same on account of being frivolous and informal.— 1896 Journal, 412, 581, 628. 2886. Slander. Charges for defamation and slander are defective in not specifying in what way or by what words the person's character was defamed. — ^Lansdon vs. Annally Lodge, 1860 Journal, 43, 44 ; Price vs. Magnolia Lodge, 1863 Journal, 401, 414. 2887. Perjury. The following specification, to-wit : That on or about the 11th day of November, A. D. 1892, said (giving name of accused), in the Superior Court of Santa Cruz County, State of California, committed the crime of perjury — is insufficient. — Porter vs. San Lorenzo Lodge, 1894 Journal, 689, 690, 718. Perjury. Where a brother is charged with per- jury, it is sufficient if the charges set forth the testimony alleged to have been given by the brother, together with the time, place and circiunstances under which it was given, and that the testimony so given was false and known to the brother giving it at the time to be false, and that it was given with intent to deceive. It is unnecessary that the testimony should be material to the issue, because the rea- sons that induce courts of justice or legislative assemblies to require that testimony shall be material to the issue in a charge of perjury, are not applicable to Odd Fellowship. The Lodge or committee may take the immateriality of the testimony into consideration in determining whether the accused has knowingly or corruptly testified. — Fella vs. Golden Gate Lodge, 1883 Journal, 1164, 1180. 2889. Charges in case of conviction in court of justice. Charges in cases where there has been a conviction in a court of justice, should state the time, place and circum- 728 Trials. 2894. Fraudulently drawing benefits. A charge that a brother fraudulently drew sick benefits, feigning sickness for the purpose, should specifically allege the wrongful in- tent, the particular sickness claimed to have been feigned, and between what dates the alleged benefits were fraudu- lently drawn. — Hazen vs. Branciforte Lodge, 1887 Journal, 910. 2895. Wrongfully claiming benefits. A charge or speci- fication that a brother claimed certain benefits is not an offense, unless accompanied by some allegation showing that the claimant knew he was not entitled to such benefits. There must be some wrongful intent alleged and proven, otherwise there is no offense. — Sayles vs. Industrial Lodge, 1880 Journal, 317, 350. 2896. Profane language — Disgrace to the Order. Where the charge against a brother is that he **used profane lan- guage" and "is a disgrace to the Order" the specifications must state the objectionable language, with time, place and circumstances. The particulars wherein it is claimed the brother is a disgrace to the Order must be set forth, so that the defendant shall be fully apprised of the nature of the charges against him, that he may prepare for his defense. — McBeth vs. Alpine Lodge, 1880 Journal, 319, 351. 2897. Wrongfully preferring charges. Charges which simply state in. effect that the appellant, on a certain day, preferred charges in the Lodge against a brother of mis- conduct, are insufficient. The mere fact of the preferring of charges will not suffice. It is requisite, to constitute an oft'ense, that the charges should be preferred maliciously and without probable cause, and these facts must be substantiated by proof. — Avansino vs. Morning Star Lodge, 1875 Journal, 258, 266. 2898. Offensive and profane language. Charges for hav- ing spoken or addressed any offensive, threatening, abusive or profane language to or concerning a person, brother or brothers, should show the names of the person, brother or brothers to or of whom the offensive words were spoken, ) Trials. 729 and should set forth the language used. — Harbor Lodge vs. Englebright, 1886 Journal, 609; Miller vs. Golden Gate Lodge, 1886 Journal, 638, 648 ; Paul vs. Laurel Lodge, 1886 Journal, 640, 648. 2899. False swearing. A charge that a brother gave false testimony in a court of justice should specify that the accused was sworn as a witness, before what officer, and that he wilfully and corruptly testified to certain facts, and that he knew at the time that what he testified to was false. — Fowles vs. Mound Lodge, 1886 Journal, 658, 662. 2900. False statements in a letter. Where a brother is charged with writing a letter to the Grand Secretary and with maliciously, wilfully and knowingly making therein certain false statements of and concerning his Lodge and the members thereof, etc., it is unnecessary to set out in the charges a copy of the letter. It is sufficient if those parts of the letter constituting the offense are set forth. — ^Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 2901. Battery. A charge of battery is sufficient, if it sufficiently state the time and place and the person upon whom the battery was committed. — Miller vs. Golden Gate Lodge, 1886 Journal, 638, 648. 2902. The same. The usual language employed in charg- ing the offense of battery on a person is to state that the accused wilfully and unlawfully did make an assault upon and beat, and then specify the name of the person, and also to state the date and venue. — Sullivan vs. National City Lodge, 1897 Journal, 968, 979. 2903. The same. On a simple charge of battery, the lan- guage used on the occasion of the battery would be part of the transaction and admissible in evidence, but it would not be necessary to set forth the language in the charges. — Mil- ler vs. Golden Gate Lodge, 1886 Journal, 638, 648. 2904. Preferring false charges. Where a brother is charged with preferring false charges to his Lodge, the 730 Trials. specification must state what the charges were, and that they were preferred knowingly and maliciously, unlawfully, without probable cause. — Paul vs. Laurel Lodge, 1886 Jour- nal, 640, 648. 2905. Amendment. The charges or pleadings in a case may be amended when it can be effected without detriment to the accused, and the same should always be done upon good cause being shown. Applied to a case where, after trial commenced, it was found that one of the alleged im- proper acts charged against the defendant occurred in a different locality than the one charged, and in order that evidence might be introduced as to said charge, the Lodge, upon application of the managers who conducted the cause against the defendant, allowed an amendment of the charge in that respect. — Rattenberry vs. Capitol Lodge, 1870 Jour- nal, 262, 292; Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. 2906. The same. If charges, obviously imperfect, be re- ferred to a committee, the Lodge may at any time, on motion of any member of the Lodge, order the committee to report them back, and then dismiss them or allow proper amendments.— 1867 Journal, 325, 329. 2907. Amendment after trial. Charges against a brother for purchasing stolen goods were tried by a Trial Com- mittee, and they found he did not purchase them. The charges may be amended and referred back to the same Trial Committee which heard the case originally. By consent the case may be submitted to the same Trial Committee upon the testimony already taken before that committee before the charges were amended. — Turley vs. San Francisco Lodge, 1890 Journal, 403, 410. 2908. Amending charges. The Lodge has the right to allow the accuser to present amended charges which relate to the same offense as alleged in the original charges, but set it forth with more particularity. Applied to a case where, on January 2nd, 1897, the Lodge granted a brother a With- drawal Card, and at a regular meeting of the Lodge, held J Trials. 731 on January 1st, 1898, the Lodge annulled the Withdrawal Card, and forthwith charges were preferred against the brother, and on January 22nd, 1898, the Lodge allowed the accuser to amend the charges by then and there presenting amended charges. — Landsborough vs. Florin Lodge, 1898 Journal, 169, 203. 2909. When Lodges may dismiss charges. When charges are preferred against a brother and presented to the Lodge, the Lodge may, if the charges be frivolous, dismiss them, on motion.— 1896 Journal, 407, 578, 619. 2910. Frivolous charges. Frivolous charges are charges that do not state an offense, or are insufficient. Such charges the Lodge may dismiss. — 1896 Journal, 678, 619 ; Martin vs. Cupertino Lodge, 1901 Journal, 513, 514, 539. 2911. Charges specifying an offense. Where charges specify an offense the Lodge has no right to refuse to enter- tain them, but must appoint a Trial Committee. — Laguna Lodge vs. Kose, 1877 Journal, 689, 704; Brown vs. Coloma Lodge, 1858 Journal, 371, 372; Martin vs. Cupertino Lodge, 1901 Journal, 513, 514, 539; Morse vs. San Mateo Lodge, 1901 Journal, 541, 544. 2912. When Lodge may dismiss charges on motion. If the charges preferred against a brother be informal or friv- olous the Lodge has the right to dismiss them on motion duly made and carried, and that without reference to a Trial Committee. — Newfield vs. Garcia Lodge, 1881 Journal, 503, 602, 627; 1388 Journal, 1019, 1111, 1130; Morse vs. San Mateo Lodge, 1901 Journal, 513, 514, 539. 2913. Motion to dismiss charges — No grounds. A motion made in Lodge by a member thereof to dismiss charges with- out giving grounds for dismissal, after a Trial Committee has been appointed by the Noble and Vice-Grand, is out of order.--1895 Journal, 41, 185, 235; 1896 Journal, 409. 2914. Dismissal of insufficient charges. When charges wliich are insuflicient are preferred, a motion to dismiss on 732 Trials. that ground is in order, and the Lodge may, by a majority vote at that time, dismiss insufficient charges; if not thus dismissed, the charges should be referred to a committee of five and disposed of as provided in Article VIII, Section 4, Constitution of Subordinates. — Slocomb vs. Cayucos Lodge, 1896 Journal, 519, 557. 2915. Withdrawal of insufficient charges. Charges which do not state facts constituting an offense, the Lodge may permit to be withdrawn. — Piddington vs. Ontario Lodge, 1896 Journal, 524, 558. 2916. Withdrawal of charges. The accuser or the accuser and the accused has no right to withdraw charges without the consent of the Lodge, and which consent should not be given by the Lodge except the circumstances of the case justify the same. — Tonkin vs. Marion Lodge, 1900 Journal, 146, 177. 2917. Dismissal or reform of charges. A Lodge has the right to dismiss or reform charges for irregularity at any time before they are referred to the Committee of Investiga- tion.— 1896 Journal, 409, 578, 619. 2918. Withdrawn, amended and dismissed. Charges once withdrawn, amended and again presented, and by a vote of the Lodge dismissed on the ground of being frivolous, amended again, but being substantially the same, cannot again be forced before the Lodge for the third time. — 1895 Journal, 41, 185, 235. 2919. General demurrer. A general demurrer to the charges on the ground of their insufficiency will lie if the deficiency appear on the face of the complaint or charges. As no charge is sufficient without specifications, such a de- murrer reaches both. — Price vs. Magnolia Lodge, 1863 Jour- nal, 401, 414. 2920. Informality — Good of the Order. A brother against whom charges have been preferred and referred to a Trial Committee, may, under the head of "Good of the Order," object that the charges do not constitute an offense against i Trials. 733 the laws of the Order. The accuser, or the accused, or any brother, may move to reject the charges for informality. Such matters are pure matters of law, and do not involve the merits. — Hathaway vs. Suisun Lodge, 1867 Journal, 325, 329. 2921. Trial Committee. The Trial Committee may report the charges back, of its own motion, as insufficient, if it so deem them, before taking the evidence. — 1867 Journal, 325, 329 ; Hart vs. Ferndale Lodge, 1901 Journal, 507, 539. 2922. Trial Committee reporting charges insufficient and action on report. A Trial Committee may of its own motion report charges back to the Lodge as insufficient, if it so deems, before taking evidence. In such cases, or in cases where Trial Committees sustain demurrers to charges, the Lodge may act upon the report at the same meeting at which the report is presented. The law does not require or eon- template a bill of exceptions in such cases. — Hart vs. Fern- dale Lodge, 1901 Journal, 507, 539. 2923. Demurrer and leave to amend. When a demurrer to the charges has been sustained, leave may be given to the complainant to amend. — Price vs. Magnolia Lodge, 1863 Journal, 401, 414. 2924. The proper plea. A written answer to charges is not the proper practice. A plea of not guilty is the proper plea.— Lord vs. Parker Lodge, 1894 Journal, 722, 739. 2925. Plea of guilty and evidence. If the Trial Committee finds and reports the accused guilty without taking any evi- dence in support of the charges or in relation thereto, it does not affect the validity of the proceedings when the accused, in effect, pleads guilty. The taking of evidence in such case is unnecessary, although the committee, in the exercise of its discretion, may take evidence. — Christensen vs. San Leandro Lodge, 1903 Journal, 125, 127, 154. 2926. Demurrer, and plea of not guilty. The accused should demur before pleading not guilty. — Lord vs. Parker Lodge, 1894 Journal, 722, 739. 734. Trials. 2927. Accuser. The accuser is not required to be present when the accused pleads guilty, or is tried. If the defendant need the accuser, he should have him subpoenaed. — Ilsohn vs. Diamond Springs Lodge, 1897 Journal, 955, 977. 2928. Form of charges. The Grand Lodge has prescribed a form of charges. (See Form No. 22 of the Forms affixed to this Digest.)— 1870 Journal, 232, 251. (See Grand Secretary's duty to furnish printed forms of, Section 2208.) (See Cards; Dismissal Certificates; Dues; Installation; Officers.) 3. SUMMONS. 2929. The parties to be summoned. The Trial Com- mittee shall, without unnecessary delay, summon the parties and try the case. — Constitution Subordinates, Art. VIII, Sec. 3. 2930. Copy of the charges. A copy of the charges under the seal of the Lodge is to be served upon the accused. — Constitution Subordinates, Art. VIII, Sec. 3. 2931. Duty of Trial Committee. When sufficient charges are preferred the Trial Committee must comply with the re- quirements of Sections 4 and 5, Article VIII, Constitution of Subordinates; must summon the accused and the accuser and try the case. — Dunbar vs. Chorro Lodge, 1901 Journal, 511, 512, 513, 539. 2932. Form of summons, certificate and admission of service. The Grand Lodge has prescribed a form of sum- mons and form of certificate of service thereof, and a form of admission of service thereof. (See Forms Nos. 23, 24 and 25 of the Forms affixed to this Digest).— 1870 Journal, 232, 251. (See Grand Secretary's duty to furnish printed forms of, Section 2208.) 2933. Service of summons with copy of charges. The Constitution of Subordinate Lodges requires the accused to Trials. 735 be "diily summoned" (see Section 5, Article VIII, thereof), and a copy of the charges under seal of the Lodge to be served on him (see Section 3, Article VIII, thereof). The form of summons prescribed by the Grand Lodge provides that a copy of the charges under seal are to be served with it. — Race vs. Fortuna Lodge, 1892 Journal, 99, 119. 2934. Time committee meets. A summons to a brother against whom charges have been preferred in a Lodge should be specific in stating the time the committee will meet to try the accused. — Marlett vs. Brooklyn Lodge, 1862 Jour- nal, 277, 289. 2935. Place of committee's meeting. Where the accused is "summoned to appear before said committee at I. O. 0. F. Hall," and the only defect in the summons is that it fails to state the particular town or place in which the ''I. 0. 0. F. Hall" is located, and it is signed by all the committee, and the accused makes no claim that he was, in fact, misled by the omission, it is a sufficient summons. — Swain vs. Merced Lodge, 1895 Journal, 130, 177. 2936. To appear in another and distant county. The service of a summons in one county for a brother to appear in another and a distant county should afford a reasonable time for the brother to so appear. Such service in a county which requires a brother to leave for a distant place next day at 9 a. m. is not reasonable. — Race vs. Fortuna Lodge, 1892 Journal, 99, 119. 2937. Time of service of summons. The Grand Lodge has enacted no law regulating the time of the service of the summons. If the service of the summons one day before the trial do not afford the accused time to prepare for trial, or for any other good reason he be not ready, he should make a motion for a continuance and show the cause therefor. — Rogers vs. Fresno Lodge, 1877 Journal, 648, 665. 2938. Notice of meeting of committee. A notice of eight or nine hours to the accused of the meeting of the com- mittee at a certain time and place is sufficient. If the ac- 73G Trials. cused desire more time in which to procure witnesses, he should apply for it to the committee. — Baker vs. Fountain Lodge, 1878 Journal, 907, 952. 2939. Time to serve summons before trial. . In this juris- diction there is no law requiring the summons to be served a certain number of days before the trial. Of course, a rea- sonable time must be afforded the accused ; in ordinary cases, two or three days is a reasonable time. If the accused require time to prepare for trial or to procure his witnesses, he can apply for a continuance, and the committee should be very liberal and indulgent in granting such first continuance. — Ilsohn vs. Diamond Springs Lodge, 1897 Journal, 955, 977. 2940. Verbal "summons or notice. The parties must be summoned in due form, and the form has been prescribed by the Grand Lodge, together with the form of certificate or admission of service. The Lodge should preserve proof of service. A verbal notice is not a legal summons. — 1861 Journal, 181, 179 ; Laurel Lodge vs. Howe et als., 1885 Jour- nal, 357, 373; Chase vs. Fall River Lodge, 1888 Journal, 1121, 1152. 2941. Objects of a written or printed summons. The object of the law in requiring a written or printed summons is to obtain certainty as to the time and place of trial, and to avoid disputes and misunderstandings which are sure to arise from verbal notice or agreements. — Laurel Lodge vs. Howe et als., 1885 Journal, 357, 373. 2942. By whom copy of charges served. Copy of charges under seal of the Lodge should be served upon the accused by the Recording Secretary, or by some other member of the Lodge duly appointed therefor by the Noble Grand, or any brother, at the request of the Secretary, may serve the charges, but it is best for the Secretary to serve the same in all cases.— 1896 Journal, 578, 619, 409; Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 2943. Personal service of summons and charges imprac- ticable. Upon proof of the fact that personal service is 1 Trials. 737 impracticable, and that a copy of the charges and notice of trial has been deposited in the postoffice nearest the last known residence of the brother, directed to him at such place of residence, post paid, and that a like copy of the charges and notice of trial was left at his last place of residence if the same be known, the Lodge may regularly proceed with the trial. Then evidence can be introduced as in ordinary ases. In such trial the record of the court in which he was tried, convicted and sentenced would be competent evidence. —1895 Journal, 22, 23, 195, 196, 236. 2944. Accused absconds or conceals himself, etc. In cases where charges are preferred against a brother of the Order in any Lodge to which he may belong, but from having ab- sconded, or from his permanent absence or concealment he cannot be found so that charges preferred or notice of trial cannot be personally served upon him, the Lodge may regu- larly proceed with the trial upon proof of the fact rendering such personal service impracticable, and that a copy of the charges and notice of trial has been deposited in the post- office nearest the last known residence of such brother, directed to him at such place of residence, post paid, and that a like copy of the charges and notice of trial was left at his last place of residence if the same be known. Provided, that such papers shall be deemed to have been served upon the brother only from the date when the constructive service above prescribed is complete ; and, proznded further, that in case such brother returns after the conclusion of his trial, not having appeared on such trial either in person or by counsel, and asks for a new trial, the same shall be granted him. An absconding member cannot be tried without the issuing of a citation pursuant to the foregoing require- tients.— 1855 Journal, 149; 1856 Journal, 180; 1855 S. G. L. Journal, 2507, 2522, 2531; 1865 S. G. L. Journal, 3836, 3847. 2945. Summons to members of Lodge to attend. A sum- mons to the members of a Lodge, when provided by its By- Laws to attend a certain regular meeting to act on a certain subject, is proper whenever the Lodge chooses to order the 47 738 Trials. same. A penalty for disregrard of such summons can be in- flicted only after due trial and conviction, as provided for in the Constitution of Subordinates. — 1872 Journal, 576, 665, 684. 2946. Copy of charges and Trial Committee. It is not necessary that the Secretary of the Lodge should serve mem- bers of a Trial Committee with a copy of the same. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 4. TRIAL COMMITTEE. 2947. To consist of five. Such charges shall be referred to a committee of five members, who shall, without unneces- sary delay, summon the parties and try the case. — Constitu- tion Subordinates, Art. VIII, Sec. 4. (See Section 3241.) 2948. Appointed without delay. When charges are duly preferred, the Constitution contemplates the appointment of the Trial Committee without delay. — 1886 Journal, 534, 620, 646. 2949. To keep full minutes. The committee shall keep full minutes of the evidence and of their proceedings, and report the same to the Lodge with their verdict. — Constitu- tion Subordinates, Art. VIII, Sec. 4; Dunbar vs. Chorro Lodge, 1901 Journal, 511, 512, 513, 539. 2950. Committees, how appointed. Article VI, Section 10, Constitution of Subordinates, provides that "the Noble Grand, or officer acting as such, shall appoint the majority, and the Vice-Grand, or officer acting as such, the minority of all committees on charges." It is a good ground of ob- jection to a committee that it is not appointed as above pro- vided; but if objection be not made at the proper time, the objection comes too late. — Robinson vs. Templar Lodge, 1880 Journal, 326, 367. 2951. Appointment of. In this jurisdiction, when charges are preferred, the Lodge may appoint the Trial Committee in the absence of the accused. It is not required to postpone Trials. 739 tthe appointment because the accused is not present. If the iccused should be present, he may ask a continuance, which rnst be granted for at least one week. — Ilsohn vs. Diamond Jprings Lodge, 1897 Journal, 955, 977. 2952. Appointment on Trial Committee — Excuse — Chal- [lenge. When a brother is appointed on a Trial Committee )y either the Noble or Vice-Grand it is his duty to accept ich appointment, and he must serve on such committee [unless excused by the Lodge for good reason or cause, or rhen in due time challenged by the accuser or accused for >ias or prejudice, and he is biased or prejudiced. — 1901 [Journal, 410, 544, 562. 2953. Charges preferred — Duty of Lodge and members, 'n all cases when charges are preferred the Lodge must pro- [ceed to act upon the same according to the provisions of [the Constitution of Subordinates, and it is the duty of every ^member of the Lodge to aid in carrying out the intent of the law in such matters. The members of a Lodge have no [right to wilfully defeat or prevent a trial upon charges, by mrposely and without cause refusing to act upon the Trial FCommittee.— 1901 Journal, 410, 544, 562. 2954. Who may be present at the trial. Whether any [member of the Order has a right to be present at the trial, for whether only members of the Lodge to which the accused pelongs have such right, depends on local legislation. In the [absence of local legislation the action of the Trial Com- littee would govern.— 1905 S. G. L. Journal, 32, 219, 243. 2955. The same. Whether the Trial Committee is com- [pelled by law to order brothers to retire from the room upon ►bjection by counsel of the accused to their presence, or |irhether it is discretionary with the Trial Committee, de- tpends upon local legislation. In the absence of such legisla- tion the committee would have such discretionary power. — ^1905 S. G. L. Journal, 32, 219, 243. 2966. Objections to committee. Objections to the ap- )ointment or to any of the committee must, if the accused 740 Trials. be present in the Lodge when committee is appointed, be made then, unless the brother request a continuance, which shall be granted for at least one week, and each member of the committee may be examined as to his qualifications to act thereon, and if the accused be not present when the com- mittee is appointed, he must make his examination of and his objections to the committee before he demurs or pleads. The accuser must make his objections at the same time that the accused objects or is required to object. Such objections, when made to the committee, shall forthwith be referred and reported to the Lodge for its action thereon. — Consti- tution Subordinates, Art. VIII, Sec. 4 ; Silberstein vs. Capay Lodge, 1904 Journal, 517, 527. 2957. Objections to members of Trial Committee. In case the accused is present when the Trial Committee is appointed, he must then make his objections to members thereof, unless he requests a continuance, which must be granted for at least one week, and each member of the com- mittee may be examined as to his qualifications to act there- on. The objection and its grounds should be entered in the minutes and the proceedings and actions of the Lodge there- on. — Silberstein vs. Capay Lodge, 1904 Journal, 517, 527. 2958. Objection to committee — A new committee ap- pointed. Where objections to the Trial Committee were made by the accused that the committee was illegally consti- tuted, comprising more than five members, and that the Lodge in removing a member of the committee had acted contrary to the Constitution, and the committee sustained the objections of the accused and so reported to the Lodge, and upon motion, the action of the committee was sustained and adopted by the Lodge and the Lodge discharged the committee, the appointment of a new Trial Committee was legal. — Ayer vs. Famsworth Lodge, 1900 Journal, 149, 177. 2959. Illegal appointment. It is illegal for the Noble Grand to appoint four members of the Trial Committee, and the Vice-Grand one. The Noble Grand must appoint a major- ity (three), and the Vice-Grand the minority (two). — Unity Trials. 741 Lodore vs. Barnard, 1872 Journal, 560, 653; Rathamel vs. Hecker Lodge, 1896 Journal, 517, 557. 2960. Election of Trial Committee illegal. It is illegal to nominate, and the Lodge to elect, the Trial Committee. The Noble Grand, under the law of this jurisdiction, is required to appoint three and the Vice-Grand two of the Trial Com- mittee. — Johnson vs. Embarcadero Lodge, 1898 Journal, 166, 198. 2961. Vacancy, how filled. A member appointed on a Trial Committee by the Vice-Grand resigns ; the Vice-Grand should appoint to fill the vacancy in the committee. — 1888 Journal, 1026, 1111, 1130. 2962. In case Noble Grand appoint entire committee. The Noble Grand must appoint the majority, and the Vice-Grand the minority of Trial Committee. In case the Noble Grand should appoint all the members thereof, it would be a fatal error, if objection were made at the proper time; but if no objection be made, the defect is waived. — Cohen vs. Harbor Lodge, 1895 Journal, 165, 184. 2963. The same. If the Noble Grand appoint the entire Trial Committee, and the accused make no objection thereto and plead guilty, he could not thereafter avail himself of such objection. — Weller vs. Soquel Lodge, 1892 Journal, 67, 90. 2964. Resignation of member of. A Lodge has the right to accept the resignation of a member of the Trial Com- mittee, if the committee have not entered upon the discharge of its duties and have not begun the taking of testimony. — Billings vs. Eureka Lodge, 1891 Journal, 697, 717, 723. 2965. Election of member of Trial Committee as Noble Grand. The election and installation of a Past Grand to the oflfice of Noble Grand while said brother was a member of a Trial Committee, did not make the electron and installation of the said Past Grand illegal, but would disqualify the brother from any further action on said Trial Committee. — 1896 Journal, 441, 607, 636. 742 Trials. 2966. No proxy. Under no circumstances can an absent member of a Trial Committee act by proxy. — Wilson vs. Templar Lodge, 1887 Journal, 892, 904. 2967. Committee to try a Past Grand. Under our pres- ent Constitution of Subordinate Lodges, a member of a Trial Committee, to try a Past Grand, is not required to be a Past Grand. Any Scarlet Degree member is eligible. — Billings vs. Eureka Lodge, 1891 Journal, 697, 717, 723; 1889 Journal, 28, 122, 163. 2968. A witness. A witness against the accused should not be a member of the Trial Committee. The committee is appointed because they are supposed to be unbiased brothers standing between the accuser and the accused, and should they testify in the case, they necessarily must pass upon the credibility and weight of their own testimony. Such con- duct of a committee is clearly erroneous. — Blair vs. Giles, 1873 Journal, 840, 855. (See Section 3088.) 2969. Our Subordinate Lodge Constitution governs. In appointing a Trial Committee, the Lodge is governed by the provisions of Section 10, Article VI, Constitution of Subordi- nate Lodges, established by the Grand Lodge of California. The Code of Procedure, in the appendix to White's Digest, established by Sovereign Grand Lodge, applies only to Sub- ordinate Lodges under the immediate jurisdiction of the Sovereign Grand Lodge.— 1888 Journal, 1023, 1111, 1130. 2970. May test the committee's fitness, etc. Our Order may not be as strict, in regard to the Trial Committee, as courts are as to jurors, yet the rights of an Odd Fellow are as dear to him as the rights of other men are to them. He is protected by a fair trial, before an unbiased and impartial committee, and if he desire to challenge or test the com- mittee's fitness, etc., he may do so. — Fella vs. Golden Gate Lodge, 1883 Journal, 1163, 1165, 1180. 2971. Plea of guilty. Where the Lodge acts upon a plea of guilty and affixes the penalty, it renders it immaterial f i Trials. 743 for all purposes of substantial justice, whether two of the Trial Committee were so biased as to disqualify them to act or not. — Rogers vs. Fresno Lodge, 1877 Journal, 648, 665. 2972. Employed by a railroad. The mere fact that a brother is employed by a railroad is no disqualification or ground of objection to his appointment or service on a Trial Committee. — Harbor Lodge vs. Englebright, 1886 Journal, 608. 2973. Need not inform accused as to his right to object. It is not the duty of the Trial Committee or of the Lodge to inform the accused that he has the right to object to any of the Trial Committee. — Holcomb vs. Nietos Lodge, 1877 Journal, 654, 666. 2974. Peremptory challenge not allowed. A brother who is under charges is not entitled to any peremptory challenges to the members of the Trial Committee. — 1881 Journal, 503, 601, 627. 2975. District Deputy Grand Master may be member of committee. There is no law prohibiting the appointment of a District Deputy Grand Master on a Trial Committee, although it is good policy for a Lodge to avoid such a selec- tion. — Rogers vs. Fresno Lodge, 1877 Journal, 648, 665. 2976. The whole committee must act. The Trial Com- mittee must be composed of the full number required by law, and all must be present to see and hear all of the wit- nesses and testimony. — Mariposa Lodge vs. Washburne, 1860 Journal, 35, 37, 33 ; Bay View Lodge vs. Turner, 1869 Jour- nal, 66, 78; Meyer vs. Hermann Lodge, 1876 Journal, 452, 467; Schlarbaum vs. Ukiah Lodge, 1885 Journal, 375, 411; 1887 Journal, 891, 904; Johnson vs. Ophir Lodge, 1894 Jour- nal, 685, 686, 717 ; Peterson vs. California Lodge, 1894 Jour- nal, 686, 717 ; Treasure vs. Mountain Vale Lodge, 1895 Jour- nal, 163, 183. 2977. Accused cannot waive full committee. The accused cannot divest himself of his right to be tried by a Trial Com- mittee composed of the full number required by law, by 744 Trials. waiving it. — Mariposa Lodge vs. Washburne, 1860 Journal, 35, 37, 33 ; Schlarbaum vs. Ukiah Lodge, 1885 Journal, 375, 411 ; 1887 Journal, 891, 904 ; Johnson vs. Ophir Lodge, 1894 Journal, 685, 686, 717; Peterson vs. California Lodge, 1894 Journal, 686, 717; Treasure vs. Mountain Vale Lodge, 1895 Journal, 163, 183. Note. — Four members of a com- member of tlie committee, who mittee cannot lawfully try a case, signs the report — (1885 Journal, even though the evidence is all in 288, 403, 432). writing and is read by the fifth (See Section 583.) 2978. Too late to challenge committee, when. It is too late to challenge a Trial Committee, or a member, on the ground of bias, or of having formed an opinion before trial, or object to the competency of members, or object to the committee upon the ground that the Noble Grand appointed the whole committee, after the trial had taken place. — Ken- dall vs. Eureka Lodge, 1855 Journal, 121, 132; Humphrey vs. San Andreas Lodge, 1858 Journal, 356. Note. — The accused cannot be charges, too late to object or ex- allowed to fish for a favorable is- cept to a Trial Committee on the sue before a committee, and fail- ground that it was not chosen ing to get a verdict, then to inter- from qualified persons — ( Calif or- pose objections to the original nia Lodge vs. Beck, 1866 Journal, constitution of the committee. It 192, 210). is, therefore, after the trial of 2979. Challenge for bias. A member who was not pres- ent when Trial Committee appointed, summoned to trial upon charges, has the right to challenge said committee for bias, and such right exists up to the time that the accused demurs or pleads to the charges. — 1874 Journal, 94, 113; Constitution Subordinates, Art. VIII, Sec. 4. 2980. Challenge for bias — Evidence. When the accused objects to certain members of the Trial Committee on the ground of bias, he must produce evidence in support of his allegation of bias. Should he fail to produce such evi- dence, the Lodge commits no error in compelling the mem- bers objected to, to serve on the committee. — Smith vs. St. ^ I Trials. 745 Helena Lodge, 1880 Journal, 321, 351; 1868 Journal, 466, 481. 2981. Conflicting evidence as to member of. Where the accused objects to a member of the Trial Committee and offers, in support of his objection, an affidavit of an ex- convict, and the member objected to denies, upon his honor as an Odd Fellow, the truth of the statements contained in the affidavit, the Lodge is the judge of the qualification of the member, and of the credibility of the witnesses, and the weight which is to be given to the evidence presented in support of the objection. — 1883 Journal, 1138, 1174. 2982. Challenge tried by the Lodge. If the accused be not present when the committee is appointed, then his right to challenge the Trial Committee for bias exists up to the time that he demurs or pleads to the charges. The com- mittee are not permitted to be judges of their own case, any more than the jurors in the courts of law are, and when challenges are made to the members of the committee, such challenges shall be referred to the Lodge to determine. — Lake vs. Lowenthal, 1872 Journal, 655, 656, 677; Fella vs. Golden Gate Lodge, 1883 Journal, 1164, 1180; Constitution Subordinates, Art. VIII, Sec. 4. 2983. Certain questions may be asked. When the Lodge is enquiring into the competency or bias of the Trial Com- mittee, it is proper to ask questions such as these: ''Have you at any time formed or expressed a desire that the de- fendant be got rid of as a member of this Lodge?" or **Have you ever formed or expressed an opinion or desire that the accused's connection with the Lodge should be severed?" — Fella vs. Golden Gate Lodge, 1883 Journal, 1164, 1180. 2984. Challenge for bias or prejudice. When a Trial Committee is appointed, either side — prosecutor or accused — has the undoubted right to challenge for bias or prejudice any or all of the members of the committee. Such challenge must be made at the time required by the Constitution. The committee can be questioned by both sides, to a reason- 746 Trials. able extent, to be determined by the Lodge, as to their bias, prejudice or feeling for or against the accused, and proper minutes thereof should be kept by the Secretary of the Lodge, after which the Lodge shall pass upon their reten- tion or exclusion from the committee. This is sufficient to protect the rights of all. — Constitution Subordinates, Art. VIII, Sec, 4; Miller vs. San Pablo Lodge, 1884 Journal, 104, 133. 2985. Testing qualifications of Trial Committee. The accused has a right to test the qualifications of a member of the Trial Committee, by propounding to him questions as to whether he has formed or expressed an opinion as to the guilt or innocence of the accused, and whether he had con- versed with the accuser in relation to the accusations or charges, and what the accuser said, etc. — Johnson vs. Embareadero Lodge, 1898 Journal, 166, 198. 2986. Conflicting evidence as to bias. When a member of the Order, upon his honor as an Odd Fellow, declares that he has no bias, prejudice or opinion in the case on trial, and is uncontradicted, except by the ex-parte state- ment or affidavit of a person not connected with the Order, the presumption is in favor of the Odd Fellow, and it is not, and cannot be error, for the Lodge to believe him. If he have falsified, the remedy is by proper charges therefor. — Miller vs. San Pablo Lodge, 1884 Journal, 104, 133. 2987. Partial and biased member excused. The members of the Trial Committee should be impartial and unbiased, and should any member of said committee answer in a way showing that he is biased or prejudiced against the accused, the Lodge should excuse him from service on the committee. — ^Parker vs. Laurel Lodge, 1885 Journal, 356, 373. 2988. Decided opinion as to guilt. A brother ought not to act upon a Trial Committee who has heard the evidence in the trial of the accused in a court of justice, and has formed and expressed decided opinions as to the guilt of the accused. In such a case, the fact of the brother stating that he could and would give the accused a fair and impartial Trials. 747 trial and that nothing would please him more than to see the accused clear himself of these charges, and that he would like to see him do it if he can, does not render him a fair and impartial member of the committee, and if he serve as such member after objection duly made, the judgment of conviction will be reversed. — Springer vs. Harbor Lodge, 1886 Journal, 622, 645. Opinion not disqualifying. The mere fact that a member of a Trial Committee entertains an opinion that whenever one brother has a dispute with another brother, it ought to be brought before the Lodge, does not dis- qualify him from acting as a member of such committee. — Miller vs. Golden Gate Lodge, 1886 Journal, 638, 648. 2990. Contributed money to prosecute, etc. A brother who has contributed money to prosecute the accused in courts of justice and who has expressed and has a fixed and determined opinion of his guilt, is not qualified to serve on the Trial Committee. — Prewett vs. Mound Lodge, 1887 Journal, 837, 853. 2991. Where no evidence of bias. The complainant objected in open Lodge, and before the committee to sev- eral members of the committee, because, as he alleged, they had formed and expressed an unqualified opinion in the case. No evidence of such bias or prejudice was produced, and the brothers, being interrogated in open Lodge, asserted severally, on the honor of Odd Fellows, that they had not formed or expressed any such opinion. There was no error in requiring them to serve on the committee. If the com- plainant had any evidence of the matter alleged he should have produced it to the Lodge, and for such purpose, if desired, time would undoubtedly be given him. — Livy Swan vs. Mt. Shasta Lodge, 1868 Journal, 466, 481. 2992. Accused and accuser. The principle declared by this Grand Lodge and the Sovereign Grand Lodge that the accused, when an officer, cannot appoint the whole or a part of the Trial Committee, and cannot, when Noble Grand, preside while the Lodge is acting upon the charges, should 748 Trials. by parity of reason be applied to the accuser. All proceed- ings and matters of charges should be so conducted as to be reasonably free from all suspicion of unfairness or partiality. The demands of justice, the dearest rights of an Odd Fellow, require that no accuser, no biased and inter- ested officer shall have the power and opportunity to appoint members of the Trial Committee, or to mould and control the proceedings, verdict and penalty. — Stanton vs. Santa Barbara Lodge, 1876 Journal, 453, 467. 2993. Those who institute or take part in charges or prosecutions. Neither the accuser nor any one who writes or prints the very charges preferred, or initiates or insti- tutes the charges or prosecution, or aids or assists therein, or takes part therein, should be appointed on the commit- tee. A brother is not to be tried by his accusers, but is entitled to a fair and impartial committee. — Johnson vs. Embarcadero Lodge, 1898 Journal, 166, 198. 2994. Fair and impartial committee. The defendant is entitled to a fair and impartial trial before a fair and im- partial committee. Hence, where two of a committee, before their appointment, express their belief in open Lodge that the accused is guilty, and the accused objects to their acting on the committee, the Lodge should sustain the objection, otherwise a judgment of conviction will be reversed by the Grand Lodge. — Concordia Lodge vs. Geste- field, 1872 Journal, 557, 651. 2995. Absence of accuser from trial. The absence from a trial, either by death or otherwise, of the brother pre- ferring the charge, does not operate as a stay of proceedings or dismissal of the case; provided, that the committee may adjourn from time to time to compel his attendance or take his deposition, if he be living.— 1866 Journal, 134, 219, 230. 2996. No right to report the accuser guilty of mis- demeanor. A Committee on Charges have no right to report the accuser guilty of a misdemeanor, when charges are not sustained, even if it appear that he preferred the charges Trials. 749 wilfully, but they may express their conviction of any facts bearing upon his conduct. — 1861 Journal, 181, 179. 2997. Statement by complainant. The mere fact that a complainant has stated' what occurred to a brother, or the mere fact that he should so state to all the members in open Lodge, and then prefer charges, would not disqualify the particular member or any member from serving on the Trial Committee. — Berns vs. Blue Lake Lodge, 1892 Journal, 93, 101. 2998. Biased member of. The accused is entitled to an impartial and unbiased Trial Committee, and it is error for a Lodge to retain on such committee a member objected to, who had said, concerning the accused: *'He should go out of the Lodge. The Lodge would not be good for anything until he went out. I think I can whip him. He is a stinker." — Parker vs. Laurel Lodge, 1885 Journal, 355, 373. 2999. Vice-Grand related to complainant. Where the objection is that the Vice-Grand, who appointed two of the Trial Committee, is a brother of the member of the Lodge who preferred the charges, the committee should refer the matter to the Lodge for determination. A Vice-Grand who is a brother of the accused should not appoint any member of the committee, but should cause another qualified member to act as Vice-Grand in making the appointment. — Hanker- son vs. Santa Lucia Lodge, 1891 Journal, 664, 674. 3000. Objection to member of. When an objection to or challenge of a member of the Trial Committee on the ground of bias, etc., is made in proper time, the matter should be reported to the Lodge for its action. — Rae vs. Eel River Lodge, 1891 Journal, 667, 674. 3001. Noble Grand cannot be on committee. Where the Noble Grand appoints a majority of the Trial Committee, the Vice-Grand in appointing the minority of said com- mittee cannot lawfully appoint the Noble Grand a member thereof. As the presiding officer of the Lodge should be free from all feeling that might govern his actions upon the report of such committee.— 1886 Journal, 626, 647. 750 Trials. 3002. Biased member of. The Grand Lodge has declared that an accused brother is entitled to a fair and impartial trial, and that a brother who has already in his mind tried and convicted a brother, cannot act on the Trial Committee. That each member of the Trial Committee must be free from such opinions. — Springer vs. Harbor Lodge, 1886 Journal, 622, 645. 3003. No written notice of appointment. The Trial Committee is appointed and not elected by ballot, and the members thereof may meet as such committee and perform their duties without any written notice of their appoint- ment. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 3004. Each brother entitled to separate trial. Where separate charges are preferred against several brothers of a Lodge, it is advisable to appoint a separate and different committee in each case, if possible. Each brother is entitled to a separate trial. — Laurel Lodge vs. Howe, et als, 1885 Journal, 357, 373. 3005. Question of jurisdiction. The question as to the jurisdiction of a Trial Committee over an accused is not involved in the manner of its appointment. — Robinson vs. Templar Lodge, 1880 Journal, 326, 367. 3006. Must be tried by his own Lodge. A brother can be tried only by a Trial Committee of his own Lodge. No other Lodge or committee has jurisdiction, and jurisdiction cannot be obtained by another Lodge or committee, even by agreement between the respective parties. — 1884 Journal, 20, 116, 153. 3007. Removal of committee for cause. When a Trial Committee does not, ''without unnecessary delay," proceed to try charges submitted to them, they may be removed by a vote of the Lodge, and the charges referred to a new com- mittee. There is no statutory punishment for a Trial Com- mittee which neglects its duty in this particular. — 1883 Journal, 1003, 1150, 1175. (See Section 583.) Trials. 751 3008. Trial by new committee. Where a Lodge has legally ordered charges against a brother to be tried by a new committee, and selects the committee and closes its session, the accused has the right to be tried by said com- mittee, and the Lodge has no right at a subsequent meeting to reconsider the appointment of the new committee. — Brown vs. Charity Lodge, 1875 Journal, 259, 266. 3009. Members of Trial Committee may vote. The mem- bers of the Trial Committee have the right to vote in the Lodge on all questions relative to their report or the deter- mination of the penalty. — Davis vs. Lafayette Lodge, 1885 Journal, 377, 413. 3010. Majority and minority reports. The Trial Com- mittee may submit majority and minority reports as to the guilt and innocence of the accused. — Bay City Lodge vs. Ephraim, 1861 Journal, 154; Yerba Buena Lodge vs. Collins, 1869 Journal, 99, 123. 3011. The same. Where there are two reports of a Trial Committee, a majority finding the accused not guilty and a minority report finding him guilty, the Lodge must receive both, and notify both accused and accuser, allowing them two weeks after such notice to present such exceptions as either may desire to present.— 1878 Journal, 818, 948, 974. 3012. Report of committee. The Grand Lodge has pre- scribed a form of report of Trial Committee. (See Form No. 29 of the Forms affixed to this Digest.) 3013. Verdict of "not guilty," when. Where there is not sufficient evidence in the opinion of the Trial Committee to sustain the charges, the verdict of said committee should be "not guilty." — Parker vs. Laurel Lodge, 1885 Journal, 356, 373. 3014. Report of "guilty." The report of the Trial Com- mittee finding the brother "guilty," where a brother is charged with two or more offenses, is sufficient, as the ver- dict or report of guilty imports that the committee have found the brother guilty as charged, or of all the charges. 752 Trials. It matters not whether the committee have rendered their verdict of guilty on the evidence, or his confession of guilt, or both. — Barnard vs. Humboldt Lodge, 1876 Journal, 450, 464. 3015. Where there are several charges. Where there are several charges or specifications against the accused, and the Trial Committee report him ''guilty of conduct un- becoming an Odd Fellow as charged in the specifications," it is sufficient. It is the better practice that the Trial Com- mittee, in making their report, should state their verdict on each charge or specification separately. — Kelly vs. Silver Star Lodge, 1887 Journal, 855, 866. 3016. Committees should report their minutes and evi- dence. The committee should report the minutes of its pro- ceedings and the evidence with its verdict, and on its failure to do so, should be compelled to do so by the Lodge ; but if the defendant be discharged from liability by the report of the committee and the action of the Lodge, he sustains no injury from the irregularity. — ^Powers vs. Suisun Lodge, 1867 Journal, 331, 349. 3017. Should not recommend a penalty. The Trial Com- mittee should not in its report recommend a penalty. Yet such a recommendation does not vitiate their verdict or report. — Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. 3018. Minutes must be complete history of trial. It is obligatory on the Trial Committee to reduce all the testi- mony to writing. The committee cannot omit or expunge any objection, or the testimony, or any portion of the testi- mony, of any witness. These minutes must be a complete history of the case before the committee, embodying all the evidence, objections, exceptions, acts and proceedings. — Caveil vs. Oakland Lodge, 1876 Journal, 451, 464. 3019. Opportunity to present defense. In trials, care should be taken to award the accused all of his substantial rights. He must have full, free and reasonable opportunity I Trials. 763 to present his defense, and when this is done, no rights of the Lodge are impaired, but, on the contrary, are secured, and its members can act with confidence, knowing that they are in possession of every fact and argument upon which to exercise an intelligent and just judgment. — Paul vs. Laurel Lodge, 1886 Journal, 639, 648. 3020. Personal appearance of accused may be waived. A brother is not required to appear personally before this committee, for he may waive it. If he send a letter answer- ing or explaining the matter, the committee may afford him additional time to appear, or proceed with trial in his absence, according to circumstances. — Race vs. Fortuna Lodge, 1892 Journal, 99, 119. 3021. Charge of perjury. It is the practice of certain courts of justice not to try an indictment for perjury arising out of civil suit while that suit is in any way undetermined, except in cases where the court in which it is pending post- pones the decision of it in order that the criminal charge may be first disposed of. Our Order has no laws or pract'ice regulating or relating to this matter. Perhaps it would be well for the Lodges to adopt the practice of postponing the trial of such charges till after the determination of the civil suit.— ;Maulbatch vs. Pajaro Lodge, 1877 Journal, 659, 660. 3022. Reopening the case. A Trial Committee that had not made a report or rendered a verdict, did, nine days after the case was submitted, reopen the case upon motion of the prosecution (previous notice of motion having been given to the accused), and heard further testimony. This was a proper exercise of the discretion of the committee. The possession and use of such a power may often be necessary for the ascertainment of the truth. — Lyster vs. Pajaro Lodge, 1875 Journal, 259, 266. 3023. Continuance and notice. Where the accused is duly summoned, and appears before the Trial Committee, and all the subsequent meetings of the Trial Committee are continued to a time certain, no notice is necessary to the accused or his attorney of such subsequent meetings. If a 48 754 Trials. Trial Committee adjourn without adjourning to a time cer- tain, or without fixing the time of its next meeting, in such cases a notice to the accused or his attorney of the next meeting should be given. If the counsel be present at the meeting, the want of notice is immaterial. — Shiels vs. St. Helena Lodge, 1889 Journal, 99, 107. (See Section 590.) 3024. The same. When a Trial Committee, from any cause, fails to meet at the time appointed to try a brother upon charges, they should fix another time and notify the accused to appear at such time and proceed with the trial. A brother is not in jeopardy until tried and verdict ren- dered.— 1877 Journal, 582, 678, 702. 3025. Report and proceedings. The Trial Committee should present with their report the minutes of their pro- ceedings and evidence. — Paul vs. Laurel Lodge, 1885 Jour- nal, 353, 367. 3026. Continuance and want of counsel. When the accused appears before the Trial Committee for the first time, as required by the summons, the committee should be liberal in granting a continuance. Where a brother desires to be represented by counsel, and appeared with one ready to proceed, but through ignorance and mistake of law, he retained one not qualified to act, and the brother was acting in good faith, a continuance should be granted. — Paul vs. Laurel Lodge, 1885 Journal, 353, 367. 3027. Accused in jail and continuance. Where the accused is confined in jail to be tried for the same offense, it would, as a general rule, be better, where there is any probability that the accused might be released on bail and appear before the committee in a reasonable time, to grant a reasonable continuance, that he might appear before the Trial Committee during the investigation. — Prewett vs. Mound Lodge, 1887 Journal, 836, 837, 853. 3028. Presence of accused. The accused is entitled to be present at all proceedings in the Lodge up to the ballot on Trials. 755 the penalty. The law requires him to withdraw from the Lodge-room during the ballot thereon. — Tonkin vs. Marion Lodge, 1900 Journal, 146, 177. 3029. Plea of guilty and report. Where the accused pleads guilty, and the committee reports his plea to the Lodge, it is not necessary to take evidence or for the com- mittee to find or to report that they found him guilty. — Eldridge vs. Klamath Lodge, 1889 Journal, 98, 107. 3030. Verdict and report. The Trial Committee should state their verdict on each charge or specification separately, and the verdict should be "guilty as charged" or **not guilty." The report of the Trial Committee should not con- tain any recommendations to the Lodge, or state any reasons for the verdict. — Cohen vs. Harbor Lodge, 1895 Journal, 165, 184. 3031. Trial and time. There is no law requiring the trial to take place within a specified time, — Conrad vs. Orpheus Lodge, 1878 Journal, 895, 935. 3032. Disposition of charges. When charges of miscon- duct, in due form, are legally preferred, the Trial Committee appointed, the accused pleads not guilty, and the prosecu- tion is ready to proceed, the charges should be investigated and disposed of as provided in the Constitution of Subordi- nate Lodges, unless the Lodge, by and with the consent of the prosecutor, make some other disposition of the chart^es, which the circumstances justify. — 1896 Journal, 409, 578, 619 ; Meyer vs. Hermann Lodge, 1876 Journal, 452, 467. 3033. Committee's duty as to verdict. It is the Trial Committee's duty to find the accused guilty or not guilty of the charge or some portion of the charge. They are not to pass upon matters not involved in the charge. — Treanor vs. Chico Lodpe, 1894 Journal, 688, 717. 3034. Continuances. The object of the trial is to deter- mine the guilt or innocence of the accused and for the pur- pose of ascertaining the truth. It is in the sound discretion of the committee to adjourn from time to time to receive 756 Trials. additional testimony. — Berns vs. Blue Lake Lodge, 1892 Journal, 92, 101. 3035. Continuance of trial in discretion of committee. A continuance of the hearing of charges against the accused is a matter which appertains to the discretion of the Trial Committee and the Grand Lodge will not interfere on this point on appeal unless the committee have abused its discre- tion. — Prewett vs. Mound Lodge, 1887 Journal, 837, 853. Note. — A case cannot be post- mits all that it is assumed can be poned to procure the testimony proved by such absent witness — of an absent witness, when the (1863 S. G. L. Journal, 3573, other party to the proceeding ad- 3589 ) . 3036. Motion for continuance. Upon such motions some showing should be made as to what it is expected or intended to prove by the witness. Some evidence should be presented to sustain the application. A mere statement that the accused desires a person or persons as witnesses, or has documentary evidence, or moves a continuance that he may have a person or persons as witnesses, etc., is not suffi- cient. If such mere statements or motions were sufficient, a guilty man might not permit a trial to be completed or ended. — Knowles vs. Enterprise Lodge, 1897 Journal, 955, 977. 5. EVIDENCE AND WITNESSES. 3037. Obligation or oath of witness. If a witness be a member of the Order, he shall be obligated and give his evidence on the honor of an Odd Fellow; if he be not a member, then on oath or affirmation, and the proceedings must state that such obligation or oath was administered. Any member of the committee may administer the obligation or oath. — Constitution Subordinates, Art. VIII, Sec. 4. 3038. Hearsay and ex-parte statements. Hearsay and ex-parte statements must not be received, but the person must personally appear as a witness and testify, or his deposition must be taken as provided by the laws of the Order. — Constitution Subordinates, Art. VIII, Sec. 4. Trials. 757 3039. Right of cross-examination. No testimony shall be taken without notice, or opportunity for cross-examin- ation by the opposing party. — Constitution Subordinates, Art. Vlil, Sec. 4. 3040. Witnesses to sign their testimony. Each witness, at the conclusion of his testimony, or, if the committee ad- journ before its conclusion, then at each adjournment, shall have his testimony, as taken down by the committee, read over to him, and shall make such corrections thereof as he may deem proper, and shall thereupon sign each page of said testimony. The fact that his testimony has not been concluded shall, in case of adjournment, be noted on the minutes. — Constitution Subordinates, Art. VIII, Sec. 4. (See Section 3881.) 3041. When testimony taken by shorthand reporter. In lieu of taking and signing the testimony as herein provided, the same may, by consent, duly signed, be taken down by a shorthand reporter, and as soon as pxossible thereafter written out by him in long hand and duly certified by him to be correct, but any witness may, if he desire, correct his testimony after it is so written out, and in such case of cor- rection shall sign the same, and the Lodge shall not be liable for the expenses or any part thereof except it, at a regular meeting and prior to the taking of the same by the reporter, agree to pay for the same. — Constitution Subordinates, Art. Vni, Sec. 4. Note.— A stenographer or type- (1897 S. G. L. Journal, 15175, writer to take down the evidence 15534, 15584, 15613). must be a member of the Order — 3042. Testimony taken in shorthand by oral consent. Where the testimony is taken down in shorthand with the express consent of the accused, who is present at all the meetings of the committee, the accused cannot under the circumstances obj.ect to such procedure for the first time in his notice of appeal, although his consent is not given in writing.— McKenzie vs. Napa Lodge, 1898 Journal, 169, 198, 214. 758 Trials. 3043. Rules to be observed. In appeal cases to the Grand Lodge, the judgment of the Subordinate Lodge will not be sustained unless the following rules be substantially complied with. All testimony to be reduced to writing, under oath if made by a person not a member of the Order, and upon the honor of an Odd Fellow if the witness be a member, and the testimony must state that such oath or obligation was administered. No testimony to be taken without notice to, and opportunity for cross-examination by, the opposing party. — 1856 Journal, 211, 215. 3044. Evidence .governed by State law, when. Where no other rules of evidence are prescribed by the Order, Trial Committees must be governed by those of the courts of the State. — California Lodge vs. Beck, 1866 Journal, 192, 210. 3045. Presumption of innocence. A brother is always presumed to be innocent until he is proven guilty. He need not introduce evidence to refute a charge until the evidence brought to sustain it shows that it is probably true. — Porter vs. Magnolia Lodge, 1862 Journal, 286, 285. 3046. Reasonable doubt. The guilt of the defendant must be proved beyond a reasonable doubt. It is not enough that he may possibly be guilty. The complainant must prove him guilty beyond a reasonable doubt. A defendant may rest his case on the presumption of his innocence. The pro- ceedings are criminal in their nature. — ^Blair vs. Giles, 1873 Journal, 840, 855. 3047. Obligation or oath. The witnesses should be obli- gated or sworn, and the minutes of the proceedings of the Trial Committee should show that an oath or obligation was administered to each witness, and the witnesses should sign their testimony. — Cohen vs. Harbor Lodge, 1895 Journal, 165, 184; Rothamel vs. Hecker Lodge, 1896 Journal, 517, 557. 3048. Obligation or oath, by whom administered. Any member of the committee may administer the obligation or oath to witnesses. We have no law requiring the oath to Trials. 759 be administered by a public officer. — Constitution Subor- dinates, Art. VIII, Sec. 4; Conrad vs. Orpheus Lodge, 1878 Journal, 895, 935. 3049. Oath to witnesses. It must be presumed, in the absence of direct proof to the contrary, that the Trial Com- mittee did its full duty, and where a witness was sworn before the committee the presumption is he was legally sworn. Any member of the Trial Committee, when re- quested to do so by the committee, can administer an oath to a witness not a member of the Order. — Mason vs. Golden Star Lodge, 1884 Journal, 94, 102. 3050. Testimony, how taken. The examination of wit- nesses on the trial of charges is by questions and answers, and all the questions and answers should be taken down by the Trial Committee, so that the Subordinate Lodge, and also the Grand Lodge, in case of appeal, may be placed in possession of all the proceedings and evidence. A knowl- edge of all the proceedings and evidence is necessary to enable the Subordinate Lodge and the Grand Lodge to make a just and proper disposition of the case. — McCormack vs. East Side Lodge, 1890 Journal, 404, 410; Berry vs. Ever- green Lodge, 1896 Journal, 520, 557. 3051. Cross-examination. Cross-examination is one of the tests of the truth or falsity of the witness's testimony, and it is a right which should never be denied. — Eureka Lodge vs. Wilson, 1877 Journal, 651. 3052. Friendly feelings of witness. On cross-examination an inquiry may be made whether the witness is friendly with the accuser or no, — Pfeiffer vs. Orange Lodge, 1903 Journal, 157, 180. 3053. Cross-examination. The accused has the right to cross-examine a witness for the prosecution who partici- pated in the transaction which was the subject of investiga- tion, as to the language used by the witness, whether profane or otherwise, as it was part of the transaction. — Shortel vs. Morilla Lodge, 1889 Journal, 121, 148. 760 Trials. 3054. Witness, how obligated or sworn. Every witness who is a member of the Order, must be obligated upon the honor of an Odd Fellow, or, if he be not a member, must be sworn after the manner of witnesses in courts of justice, by the Trial Committee. A brother should be obligated that he affirms, upon the honor of an Odd Fellow, that the evi- dence he shall give in the matter under consideration shall be the truth, the whole truth, and nothing but the truth. The Grand Lodge requires that the minutes must state the oath or obligation was administered. — Hankerson vs. Santa Lucia Lodge, 1891 Journal, 665, 674. 3055. Rights of the accused. The defendant is entitled to meet the witnesses face to face, to cross-examine them either by himself or by his counsel, and to test their memory by every known device. To deprive the accused of an opportunity to cross-examine a witness for the prosecution, who was examined in chief, is a sufficient error to reverse the whole proceedings. — Livingston vs. California Lodge, 1863 Journal, 416, 417; Blair vs. Giles, 1873 Journal, 840, 855. 3056. Test of witness's knowledge of languages. When a witness testifies that the defendant called the witness and his family bad names in the Hebrew language, the defendant may test the witness's knowledge of that language on the cross-examination, and may demand that the witness repeat or write the Hebrew words used by him. — Unity Lodge vs. Barnard, 1872 Journal, 561, 653. 3057. Witness must answer all proper questions. Where the questions asked of a witness are proper, but the witness does not wish to answer, the Chairman of the committee has no right to rule that the committee has no power to demand of witness unwilling answers. The committee j should require witness before it to answer all proper ques- tions, and should report the questions and answers to the Lodge.— Wilson vs. Templar Lodge, 1887 Journal, 892, 904. 3058. Wife as a witness. Proceedings on charges in our Order are in the nature of criminal prosecutions. A wife 1 \ J Trials. 7G1 cannot testify against her husband when he is the accused, except in cases of criminal violence by him upon her. The parties to proceedings on charges are in contemplation of law, the Lodge and the accused. Where the husband is not the accused party (the party against whom charges are pre- ferred), the wife is a competent witness for or against the accused. The fact that the husband is the complaining wit- ness does not render the wife an incompetent witness. Any other qualified brother might have been the complainant or accuser. — Pfeiffer vs. Orange Lodge, 1903 Journal, 157, 180. Note. — A \\ife cannot testify Journal, 8404, 8478). Declara- against her husband, if he object, tions of a deceased person, made unless the husband is charged when he supposed himself to be in with inflicting some corporal in- extremis, can be heard in evidence, jury upon her — (1880 S. G. L. Such declarations must be made Journal, 8404, 8478). A divorced when the person making them woman may testify against her had no hope or expectation of re- divorced husband — (1849 S. G. L. covery — (1877 S. G. L. Journal, Journal, 1502, 1513; 1880 S. G. L. 7344, 7413). 3059. A wife. A wife is not a competent witness against her husband charged with the use of certain language. — Shortel vs. Morilla Lodge, 1889 Journal, 121, 148. 3060. Defendant as a witness. A defendant cannot be forced to testify against himself, although he may volun- tarily offer himself as a witness in his own behalf. — Hanker- son vs. Santa Lucia Lodge, 1891 Journal, 665, 674. 3061. Brother under charges may be a witness. A brother who is under charges for an oft'ense not connected with the matter on trial is a competent witness for or against a brother who is on trial, reserving to the committee, or the Lodge, as the case may be, the right to determine the weight which shall be attached to his testimony. — Cloutman vs. El Dorado Lodge, 1855 Journal, 129, 139. 3062. Accuser not a necessary witness. The fact that the brother who preferred the charges was not a witness at the trial, nor his deposition introduced to sustain the prose- cution, is immaterial. If the accused desire his testimony, 762 Trials. he can subpoena him and introduce him as his witness. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 3063. Declarations of accused as evidence. A man's declarations against his own interest are admitted in evi- dence on the ground that he will not speak falsely against himself. He is entitled to have all the declarations which he made at the time in question produced in evidence, that the tribunal may know that he is not misrepresented. But his declarations in his own favor, made at other times, are not admitted, because he would be under temptation to create evidence in his own favor. — California Lodge vs. Beck, 1866 Journal, 192, 210. 3064. The Noble Grand a witness. Where the Noble Grand was acquainted with the facts of the case, yet ap- pointed members of the Trial Committee, but his appointees were not objected to by the accused on this or any other ground, and it did not appear that any member of the Trial Committee was in any way biased or prejudiced against the accused, the Noble Grand is not estopped from giving his testimony on the trial because he made appointments on the Trial Committee. — Tonkin vs. Marion Lodge, 1901 Jour- nal, 511, 539. 3065. Credibility of witnesses. The Trial Committee, or the Lodge, are the judges of the facts or the credibility of the witnesses and the credit, value, effect and weight to be given to their testimony. — ^Bay City Lodge vs. Ephraim, 1861 Journal, 156, 166 ; Fella vs. Golden Gate Lodge, 1883 Journal, 1160, 1178; McCleery vs. Sacramento Lodge, 1887 Journal, 870, 887. 3066. Hearsay evidence. On the trial of a brother no evidence should be permitted to be introduced from hearsay of another's remarks, whose name is refused to be disclosed, thus preventing a rebuttal or disproval. Hearsay testimony contains within itself such obvious and inherent defects that it must not be accepted as evidence. — Humphrey vs. San Andreas Lodge, 1858 Journal, 356; Cook vs. Santa Clara Lodge, 1887 Journal, 868, 886. Trials. 703 3067. Hearsay evidence — Railroad ticket. Cannot prove the purchase of a railroad ticket and the name signed to it by hearsay that a person so told the witness. — Pfeiffer vs. Orange Lodge, 1903 Journal, 157, 180. 3068. Libel and subsequent publications. In case of charges for a publication of a libel on one brother by an- other, the defense, after proof of the publication, may offer a subsequent publication in evidence as an admission of com- plainant that he had provoked the libelous assault. — Powers vs. Suisun Lodge, 1867 Journal, 331, 349. 3069. Committee should be liberal as to evidence. In the trial of charges the utmost good faith must be preserved — the utmost liberality be observed to facilitate the ascer- tainment of the truth. — Powers vs. Suisun Lodge, 1867 Jour- nal, 331, 349 ; Oroville Lodge vs. Evans, 1868 Journal, 467, 481. 3070. Verdict of jury in civil actions. On the trial of charges the complainant, to prove that a certain allegation in a civil answer in an action in a court of justice was false, cannot introduce in evidence the judgment roll containing the verdict of the jury. The verdict is not evidence, as the jury might have been mistaken. Whether they were or not, their verdict upon any fact submitted to them is not tes- timony against a member of the Order in a trial for conduct unbecoming an Odd Fellow. — Blair vs. Giles, 1873 Journal, 839, 840, 855. 3071. Testimony when brother pleads guilty. Where a brother pleads guilty, and the Trial Committee examine wit- nesses on both sides, including a witness not a member of the Order, and find the brother guilty, the fact that the witness not an Odd Fellow is not sworn is of no importance. —In re Bagnell, 1870 Journal, 228, 280. 3072. Records of courts as evidence. On the trial of a brother on charges for an assault with a deadly weapon, the accused offered the testimony of the police judge, that he was charged before him with an assault with a deadly wea- 764 Trials. pon, and after examination was discharged as not guilty. If testimony of such a fact be admissible at all, the fact must be proved by the best evidence, viz. : the records of the court where the examination and discharge took place. The attempt to establish it by the recollection of the judge is improper, and the committee will refuse such testimony. Even if the best evidence of the fact be offered and ad- mitted, the testimony will not be conclusive, for the com- mittee can still determine whether the accused is guilty of the offense, even if discharged by the examining magis- trate. — California Lodge vs. Beck, 1866 Journal, 191, 210. 3073. Record of conviction in courts of justice. The record of the conviction of a brother of a criminal offense in a public court of justice of which offense he is charged in the Lodge, is prima facie evidence of his guilt. — Bassett vs. Elmira Lodge, 1886 Journal, 607. Note. — When a member of the of which he is a member, and upon Order is convicted of a crime and the facts being established and is sentenced and serving a term the member fully identified, he in State Prison, charges shall be must be expelled — (1895 S. G. L. preferred against him in the Lodge Journal, 14563, 14580, 14609). 3074. Record of conviction. A certified copy of the record of conviction in a court of justice would not only be prima facie evidence of the guilt of the accused, but strong evidence only to be overcome by evidence offered by the accused, clearly proving his innocence of the oft'ense of which he was convicted. Generally a certified copy of the record of conviction should be considered as conclusive evidence of his guilt. — Dunbar vs. Chorro Lodge, 1900 Jour- nal, 134, 135, 176. 3075. Reputation. Evidence to the effect that the repu- tation of certain women was that of notorious prostitutes is proper as tending to prove that the women were of that class. — Lyster vs. Pajaro Lodge, 1875 Journal, 259, 266. 3076. Evidence against teller for misreading ballots. Brothers may testify as to how they voted at an election to prove that a teller fraudulently misread the ballots to secure Trials. 765 the election of a brother. The tickets voted are admissible also to prove the same thing. — ^Yerba Buena Lodge vs. Col- lins, 1869 Journal, 99, 123. 3077. Certain opinion of witness is inadmissible. A wit- ness was asked and gave his opinion that certain conduct of the accused was unbecoming an Odd Fellow. Such tes- timony is inadmissible. — Barnard vs. Humboldt Lodge, 1876 Journal, 450, 464. 3078. Right to introduce testimony. The accused has the right to introduce his testimony and the opportunity must be afforded him, however clear the case against him may appear to be. — Oroville Lodge vs. Evans, 1868 Journal, 467, 481. 3079. Evidence where charge is drunkenness. Where the charge is drunkenness, the prosecution may offer evi- dence as to how the brother acted or comported himself upon the occasion of alleged drunkenness. — 1885 Journal, 370, 378. 3080. The same — Opinion of witness. Where the accused is charged with drunkenness, a witness may, upon his own personal observation and knowledge, testify or give his opinion that the accused was or was not drunk. — Kelley vs. Silver Star Lodge, 1887 Journal, 855, 866. 3081. Declined to answer, might criminate. The fact that the accused, in an action in* a Superior Court, declines to answer certain questions on the ground that it might criminate him, or criminate himself of a certain oft'ense, cannot be used as evidence against him in the prosecution of charges before the Trial Committee. — Fowler vs. Mound Lodge, 1886 Journal, 658, 662. 3082. Sworn testimony in a court. A document which is claimed to be the sworn testimony of a person before a court of justice is not admissible in testimony before the Trial Committee, under the objection of the accused. The witness ought to be produced before the Trial Committee 766 Trials. to give his testimony, for the accused has the right to be confronted with the witnesses against him and to exercise his right of cross-examination. — Prewett vs. Mound Lodge, 1887 Journal, 837, 853. 3083. Certain opinions as to brother drawing benefits. The testimony of a witness, in general terms, that a brother has drawn benefits, when in the opinion of the zvitness he was not entitled thereto, is entirely improper. This is a material fact and can only be determined by the committee from all the evidence and the law applicable thereto. It is not a matter for the witness to decide by his opinion. — Hazen vs. Branciforte Lodge, 1887 Journal, 910. 3084. Comparison of handwriting. Where a letter, alleged to have been written by the accused, is a material fact for the prosecution .to prove, and the only evidence concerning the writing or signing of the same was a mere casual comparison between the handwriting of the signature to the letter and that of the signature of the accused to the Constitution of the Lodge, it is not safe or proper for the prosecution in such cases to rely solely or exclusively upon such comparison of handwriting. There must be some addi- tional proof that the letter was written or signed by the accused, or that it was in his handwriting. — McCormack vs. East Side Lodge, 1890 Journal, 405, 410. 3085. Testimony of absent witnesses. If it be desired to take the testimony of absent witnesses, they must be taken by deposition, as provided in the law enacted by the Sovereign Grand Lodge in that behalf. — Sullivan vs. Na- tional City Lodge, 1897 Journal, 968, 979. 3086. Depositions of absent witnesses, how taken. Whenever a Subordinate Lodge, or a member under a charge, shall desire to take the testimony of a witness whose personal presence cannot be had before the tribunal trying such charge, his deposition may be taken in the following manner: The party desiring to take the deposition shall file with the Secretary of the Lodge the interrogatories he I Trials. 767 Avishes to be propounded to the witness or witnesses, naming them. The Secretary shall immediately deliver, or cause to be delivered, to the opposite party a copy of the interrog- atories. The latter party, within one week from such ser- vice, may file counter interrogatories with the Secretary, if he or they think proper. At the expiration of the week, or sooner, if the counter interrogatories be filed, the Secre- tary shall forthwith forward them to the Noble Grand of a Lodge near to the witness, with a communication request- ing him to take the deposition of the witness or witnesses named. Upon receipt of the same, the Noble Grand shall, as soon as possible, take, or cause the deposition to be taken by some competent member of the Order, causing every in- terrogatory to be propounded to the witness, and the answer to each reduced to writing, in the presence of the witness, and when the deposition is completed shall cause the witness to sign the same. And then the Noble Grand, or person taking the same, shall certify the same to be duly taken, and such certificate shall be verified by the seal of the Lodge, and the deposition shall then be sealed in an envelope and transmitted by mail to the Lodge, before which the trial is pending. A deposition thus taken and certified may be read in evidence in the cause to which it relates. The testimony of non-resident witnesses may be taken in the same manner.— 1857 S. G. L. Journal, 2725, 2738, 2774 ; 1858 Journal, 345; 1858 S. G. L. Journal, 2885, 2909, 2962. 3087. Depositions on behalf of the prosecution. The prosecution may take testimony of absent and non-resident witnesses by written interrogatories. The law regulating this matter is a law of the Sovereign Grand Lodge, and it is for the benefit of the party preferring the charges as well as the party charged. — Eureka Lodge vs. Wilson, 1877 Journal, 651, 666. 3088. Member of Trial Committee. A member of Trial Committee is not a competent witness.— 1894 S. G. L. Jour- nal, 13978. (See Section 2968.) 768 Trials. 3089. Affidavits. Depositions taken in the form of affi- davits before a notary public, the accused not being present, but the accused having been notified that the same would be taken, are incompetent evidence, and should not be ad- mitted in testimony. Witnesses should appear and give their evidence before the Trial Committee; but depositions are admissible in evidence if taken in accordance with the law of the Sovereign Grand Lodge. — Paul vs. Laurel Lodge, 1885 Journal, 355, 367. 3090. Reading of evidence before Lodge. There is no law requiring the evidence taken on the trial of a brother to be read to the Lodge when action is taken on the report of the Trial Committee, unless the reading be demanded. The Lodge may order it read, or the accused may demand it.— 1855 Journal, 121, 132; 1862 Journal, 321, 322; Tonkin vs. Marion Lodge, 1901 Journal, 506, 538. 3091. Reading portion of the testimony. Where the accused desires all the testimony read before the Lodge, he should demand it. If he do not, it is discretionary with the Lodge to read such portions of it as it sees fit. — Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. 3092. Reading the testimony. Where the accused does not demand that the testimony taken before the Trial Com- mittee be read, it is discretionary with the Lodge to dispense with its reading. — Vanderworker vs. Porter Lodge, 1895 Journal, 133, 178. The same — Majority and minority reports. Where there are majority and minority reports, and the brother signing the minority report demands that the evidence taken before the Trial Committee be read before the Lodge, it should have it read before acting upon the reports or adopt- ing the majority report and expelling the accused. — Cohen vs. Harbor Lodge, 1895 Journal, 137, 178. 3094. Exclusion of witnesses from trial — Offense to listen. When witnesses are excluded from the hearing of the testimony of other witnesses, it is an offense for a i Trials. 769 brother to listen to the testimony, and communicate to others to be called as witnesses; but such conduct Avould not, ex- cept under extraordinary circumstances, be considered suffi- cient to justify a new trial. — Parker vs. Laurel Lodge, 1885 Journal, 356, 373. 3095. Part of testimony missing. When at the time the evidence was read to the Lodge, a part of the testimony given by the accused was missing and the record simply states the fact and does not give any explanation in relation to the matter, and on motion the accused gave orally to the Lodge the lacking testimony and did not object, he thus, by his acts, acquiesced and consented that the Lodge should make a disposition of the case upon the evidence read and his oral testimony. — Holcomb vs. Nietos Lodge, 1877 Jour- nal, 655, 666. 3096. Testimony need not be signed by committee. There is no law requiring the testimony to be signed by the committee, or by its chairman. — Holcomb vs. Nietos Lodge, 1877 Journal, 654, 666. 3097. Form of subpoena and certificate of service. The Grand Lodge have prescribed forms of subpoena and certifi- cate of service and acceptance of service of subpoena. (See Forms Nos. 26, 27 and 28, of the Forms affixed to this Digest.)— 1870 Journal, 233, 251. (See Grand Secretary's duty to furnish printed forms of. Section 2208.) 3098. Brother must obey subpoena. A member cannot refuse to attend as a witness when subpoenaed by a Trial Committee, even though the Trial Committee may have been appointed by a Lodge other than the one to which the member belongs.— 1875 Journal, 280, 295. 3099. Duty to give names of witnesses. If a brother knows or has information that certain brothers or persons are witnesses or know certain facts which tend to prove that a brother is feigning sickness or attempting to impose 49 770 Trials. upon a Lodge to obtain sick benefits, it is his duty to give the names of the witnesses to the Lodge. If a General Relief Committee or any of its members know or have information of such witnesses, it is their duty to give the names of such witnesses.— In re Yreka Lodge, 1898 Journal, 247, 249, 261. 3100. Procedure where brother refuses to obey subpoena. Where a witness, a member of the Order, has been duly subpoenaed by a Trial Committee and refuses or neglects to appear and testify, the committee should prefer charges against him for violation of his duty. — 1875 Journal, 301. 3101. Record should show. The record should disclose or state that a witness was sworn or obligated. — McCormack vs. East Side Lodge, 1890 Journal, 405, 410. 3102. Attendance of witnesses. Resolved, That on appli- cation of the Trial Committee, in writing, to the Noble Grand of another Lodge of which the party wanted as a witness is a member, such Noble Grand shall, by written order, require the attendance of such witness before such committee, if within the county, or if without the county, before a referee to take his testimony, and if such witness shall neglect or refuse to obey such order without sufficient cause (to be determined by his Lodge), he shall be deemed guilty of contempt, and may be fined, reprimanded, sus- pended or expelled, as his Lodge, by ballot, may determine. —1883 Journal, 1159. 3103. Exclusion of witnesses. The request of the accused that all persons except the parties, counsel, and the wit- nesses under examination, be excluded from the room, per- tains to a matter in the discretion of the committee. — Cali- fornia Lodge vs. Beck, 1866 Journal, 193, 210. 6. OBJECTIONS AND EXCEPTIONS. 3104. Exceptions reserved when absent from trial. The appellant, the accused, not appearing in person nor by attorney of his own selection, all objections to the sufficiency of the charges and the proof to sustain them are considered as reserved, as also all exceptions to the regularity of the pro- Trials. 771 ceedings had by the Lodge. — Spiegel vs. Bay City Lodge, 1864 Journal, 402, 403, 414; 1863 Journal, 402, 441. 3105. Two weeks to file bill of exceptions. Upon the re- port being made to the Lodge, notice thereof shall forthwith be given by the Secretary to the party against whom the verdict is rendered, and he shall have two weeks after ser- vice of the notice in which to file his exceptions. The Secre- tary shall file a written certificate or proof of such service. — Constitution Subordinates, Art. VIII, Sec. 4 ; Muratt vs. Los Angeles Lodge, 1897 Journal, 988, 993; 1898 Journal, 171, 203 ; Silberstein vs. Capay Lodge, 1904 Journal, 517, 527. 3106. The same. Accused has two weeks from time of ser- vice on him of the notice of the filing of the report of the Trial Committee within which to file a bill of exceptions. — 1885 Journal, 425, 435 ; Weill vs. Elmira Lodge, 1878 Journal, 888, 913; Muratt vs. Los Angeles Lodge, 1897 Journal, 988, 993 ; Needham vs. Sumner Lodge, 1900 Journal, 137, 176. 3107. Bill of Exceptions and findings of fact. A Bill of Exceptions to the report of a Trial Committee is not de- signed as or to serve the purpose of *' findings of fact," so called. It relates to questions of law. It cannot be used for any other purpose than a Bill of Exceptions. — Martin vs. Cupertino Lodge, 1902 Journal, 883, 891, 892. 3108. Form of Bill of Exceptions. The Grand Lodge has prescribed a form of a Bill of Exceptions. (See Form No. 32 of the Forms affixed to this Digest.)— 1870 Journal, 234, 251. (See Grand Secretary's duty to furnish printed forms of, Section 2208.) 3109. Object of law relative to Bills of Exceptions and waiver. The object of the provisions of Article VIII, Section 4, of the Constitution of Subordinates, relative to Bills of Ex- ceptions, is to enable the Lodge to pass upon the errors or objections in the proceedings, so that the Lodge may make a just and proper disposition of the case. In order that the Lodge may do this, it is the duty of the accused to call the 772 Trials. attention of the Lodge fo them, and to point them out in his Bill of Exceptions. A neglect to do this is an acquiescence in the report of the Trial Committee, and a waiver of prior objections. — Lowenthal vs. San Jose Lodge, 1876 Journal, 465, 467; Galvin vs. Stella Lodge, 1878 Journal, 890, 935; Pfau vs. Petaluma Lodge, 1878 Journal, 919 ; Bassett vs. El- mira Lodge, 1886 Journal, 607 ; Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. 3110. Merits of Bill of Exceptions, how determined. In case the Bill of Exceptions and the report of the Trial Com- mittee adjudging the accused guilty come up together, the adoption of the report is a determination upon the merits of the bill. — Suisun Lodge vs. Hathaway, 1874 Journal, 80, 84. 3111. Act upon Bill of Exceptions before considering re- port. It is better practice to act upon the Bill of Exceptions before considering the report of the Trial Committee, but the adoption of such a report by the Lodge is a sufficient determination upon the merits of the Bill of Exceptions. — Tonkin vs. Marion Lodge, 1901 Journal, 511, 539. 3112. Objections prior to Bill of Exceptions. All objec- tions prior to the Bill of Exceptions and not specified therein are waived. — McCormack vs. East Side Lodge, 1890 Journal, 404, 410. 3113. Want of specification — Acquiescence. In a Bill of Exceptions the want of a specification wherein the Trial Committee ruled against the accused is a waiver of all such objections not specified therein and an acquiescence in the action of the committee. — Shiels vs. St. Helena Lodge, 1889 Journal, 99, 107. • 3114. Waived unless specified in Bill of Exceptions. Ob- jections as to matters prior to the filing of the Bill of Ex- ceptions are deemed to be waived by the party making them, unless they be specified in the Bill of Exceptions, and the Bill of Exceptions must be filed in time and as required by the Constitution of Subordinates. — Kelly vs. Silver Star Lodge, 1887 Journal, 855, 866 ; Galvin vs. Stellar Lodge, 1878 Trials. 773 Journal, 891, 935 ; Conrad vs. Orpheus Lodge, 1878 Journal, 895, 935. 3115. Neglect to file exceptions. A neglect to file excep- tions to the report of the Trial Committee is an acquiescence in the report of the Trial Committee. — Vanderworker vs. Porter Lodge, 1895 Journal, 133, 178. 3116. Failure to file Bill of Exceptions within time. When the accused is served with notice of the filing of the report of the Trial Committee and does not file a Bill of Exceptions within two weeks thereafter, as required by Section 4, Article VIII, Constitution of Subordinates, the failure to file a Bill of Exceptions within time is a waiver and acquiescence in the report of the committee. — Jefcoat vs. Mineral Lodge, 1904 Journal, 528, 536. 3117. Objections should state, what. The objection in a Bill of Exceptions that the accused was not permitted to have an opportunity to cross-examine witnesses who testified against him, should state in what manner he was not per- mitted to exercise this right, the record being silent upon the point. If it were by or through any fault of the com- mittee, the fact should be so stated. — Winfry vs. California Lodge, 1880 Journal, 320, 351. 3118. Objection to meeting on Sunday. If the accused have any conscientious scruples or other objections to the trial or meeting of the committee on Sunday, he must make them known at the time, for it is too late after the trial or action of the committee to raise the objection. — Rogers vs. Fresno Lodge, 1877 Journal, 648, 665. 3119. Objection to accuser. A brother preferring charges should follow the form prescribed by this Grand Lodge, and allege therein that he is a member of a Lodge (giving its name and number), under the jurisdiction of the Grand Lodge, I. 0. 0. F., of the State of California. Yet the want of such an allegation does not affect the validity of the charges. A brother has the right to raise the point for in- ve.stigation whether the accuser is a member of a Lodge in 774 Trials. this jurisdiction or has the right to prefer charges. He should, however, exercise this right before he pleads to the charges.* After he pleads and the testimony has been taken, it is too late to raise the objection, and the brother has waived and lost his right. — Barnard vs. Humboldt Lodge, 1876 Journal, 450, 464. 3120. Objection to insufficient evidence. The legislation of the Grand Lodge prescribes a form of a Bill of Exceptions which provides for the exception, that the evidence is in- sufficient to sustain the charges or the report of the com- mittee. The failure to file a Bill of Exceptions is a waiver and an acquiescence in the report of the committee. — Whit- ters vs. Truth Lodge, 1891 Journal, 680, 685. 3121. Objections to charges. Objections to charges that are not made until after the trial, or until after the verdict and report of Trial Committee, are too late. If they be not made in time, the informality is waived. — Lyster vs. Pajaro Lodge, 1875 Journal, 259, 266; Solomon vs. Santa Barbara Lodge, 1877 Journal, 647, 665; Holcomb vs. Nietos Lodge^ 1877 Journal, 654, 666. 3122. The same. The Grand Lodge has repeatedly ruled . that exceptions to charges must be made at the time, or be deemed waived, that neither party shall fish for a verdict, and not getting it, object to the charges. By not objecting in time, the accused consents to go to trial upon the merits. — Cutting vs. Mountain Brow Lodge, 1891 Journal 678, 685 ; Excelsior Lodge vs. Buffum, 1868 Journal, 468, 481, 3123. Objections to charges informal and defective. Ob- jections to charges, that they are informal and defective, cannot be first taken in the Bill of Exceptions. — Barnard vs. Humboldt Lodge, 1876 Journal, 450, 464. 3124. No objections to charges — Plea of not guilty. If the accused does not object to the charges, but pleads not guilty, he thereby waives any objections there might be thereto, and consents to go to trial upon the merits. — Jefcoat vs. Mineral Lodge, 1904 Journal, 528, 536. Trials. 775 3125. No objections to charges — Plea of guilty. A party- is not permitted to plead guilty and fish for a favorable judgment or penalty, and not obtaining it, then to object to the charges. If the objections be not taken in time the in- formality is deemed waived. — Leighton vs. Placer Lodge, 1879 Journal, 130, 142. 3126. No allegation that the accuser or accused are Odd Fellows. The want of an allegation that the accuser or ac- cused is a member of the Lodge or Order does not affect the validity of charges. It is too late after the committee has tried and reported him guilty for the accused to raise these objections for the first time. — King vs. Redwood Lodge, 1898 Journal, 171, 172, 203. 3127. Objection that more than one offense is stated. Ob- jections to the sufficiency of the charges and that more than one offense is stated in the specification, made after trial, come too late. The accused by not objecting or demurring to the charges and pleading not guilty waives the objections and thereby goes to trial on the merits. — Tonkin vs. Marion Lodge, 1900 Journal, 146, 177. 3128. Objections to charges. In his Bill of Exceptions appellant stated that at the date of the filing of the charges and appointment of the Trial Committee, he ''felt perfectly indifferent as to the informality of the charges." That in- difference, no matter from what cause, is fatal, as it pre- vented his taking his exceptions in time. — Excelsior Lodge vs. Buffum, 1868 Journal, 468, 481. 3129. The same — Objections deemed to be waived, when. The accused must except to the sufficiency of the charges, else objections to their sufficiency are deemed to be waived. — Penter vs. Cosumnes Lodge, 1881 Journal, 571, 579. 3130. Want of venue in charges. Charges specifying the use of some insulting and offensive language. to and a bat- tery upon a brother, and giving the time when the language was used or the battery committed, should also have stated the county or some other designated place. But an objection 776 Trials. that the charges do not state the place where the language was used or the battery committed must be taken by the accused before trial, else he waives the same. — Davis vs. Lafayette Lodge, 1885 Journal, 377, 413. 3131. Objections to Trial Committee. It is not the duty of the Trial Committee or of the Lodge to inform the accused that he has the right to object to any of the Trial Committee. — ^Holcomb vs. Nietos Lodge, 1877 Journal, 654, 666. 3132. When too late to object to Trial Committee or members thereof. It is too late after the trial to object or except to the members of the Trial Committee or to their competency; the objections should be made in time. The accused cannot be allowed to fish for a favorable issue before a committee, and failing to get a verdict, to then interpose objections to the original. constitution of the committee. — California Lodge vs. Beck, 1866 Journal, 192, 210 ; Huniphrey vs. San Andreas Lodge, 1858 Journal, 356. 3133. Must be made in time or waived. The Grand Lodge has frequently ruled that exceptions to the appointment of committees must be made at the proper time or be deemed waived. — Excelsior Lodge vs. Buffum, 1868 Journal, 408, 481. 3134. After consenting to member, cannot object. The accused objected to a member of a Trial Committee that he had formed an opinion, whereupon the member stated before the Lodge that he had, and then the accused stated to the Lodge that he had no objection. He cannot after thus con- senting that the member may serve, raise again the objection after trial. — Cutting vs. Mountain Brow Lodge, 1891 Jour- nal, 678, 685. 3135. Objections after trial, or verdict and report. Ob- jections to the Trial Committee that are not taken till after trial, verdict and report, or after trial, come too late. The failure to object or except in time is a waiver thereof and an acquiescence in the trial by the committee. — Solomon vs. Santa Barbara Lodge, 1877 Journal, 647, 648, 665; Conrad Trials. 777 vs. Orpheus Lodge, 1878 Journal, 895, 935; Van Every vs. Sonoma Lodge, 1891 Journal, 661, 674. 3136. Adoption of majority report on motion of accuser. The adoption and approval by the Lodge of the majority re- port of the Trial Committee, on motion of the accuser, is an acquiescence by the accuser in the majority report and a waiver of prior objections. — Childs vs. Klamath Lodge, 1905 Journal, 898, 919. 3137. A continuance refused and no exception. Where a continuance is asked and the Trial Committee refuses, and the accused takes no exception, he cannot avail himself or raise an objection to the refusal on appeal. — ^Lord vs. Parker, 1894 Journal, 722, 739 ; Knowles vs. Enterprise Lodge, 1897 Journal, 955, 977. 3138. Notice of filing report. The accused must be, unless he waive the right, notified of the filing of the report of the Trial Committee. — Weill vs. Elmira Lodge, 1879 Journal, 115, 139; McBeth vs. Alpine Lodge, 1880 Journal, 319, 351. 3139. Form of notice of filing report. The Grand Lodge has prescribed a form of notice of filing of the report of a Trial Committee and certificate of service thereof. (See Forms Nos. 30 and 31 of the Forms affixed to this Digest.) — 1870 Journal, 234, 251. (See Grand Secretary's duty to furnish printed forms of. Section 2208.) 3140. When service of notice cannot be waived. Where, at the trial, the accused has had no opportunity of appearing in person or by attorney, the service of notice of the filing of the report of the committee cannot be waived. — Spiegel vs. Bay City Lodge, 1864 Journal, 402, 403, 414. 3141. Notice given even if accused plead guilty. The Constitution of Subordinates requires that the accused must be notified of the making of the report of the Trial Com- mittee, and that two weeks must elapse after the service of the notice before the Lodge acts upon it. This is applicable 778 Trials. to a case where the accused pleads guilty before the Trial Committee. — Rasberry vs. Hope Lodge, 1862 Journal, 277, 289 ; Weill vs. Elmira Lodge, 1879 Journal, 115, 139. 7. JUDGMENT AND PENALTIES. 3142. Judgment of Lodge. If a Bill of Exceptions to the report of the committee be filed, as provided in Constitution of Subordinates, the Lodge may determine upon its merits, and either change, modify or sustain the report of the com- mittee, or refer the same back to the same or another com- mittee, or grant a new trial. If the Lodge shall deem the exceptions not well taken, or if no exceptions have been filed within two weeks, it shall proceed to pronounce its judgment, and if it be a judgment of conviction shall affix the penalty. — Constitution Subordinates, Art. VIII, Sec. 4. Note. — A Grand Master ha,s not trial — (1897 S. G, L. Journal, the right to set aside the action 15168, 15534, 15584). of a Lodge, or to grant a new 3143. Time for judgment cannot be waived. Where the report of a Trial Committee finding a brother guilty is sub- mitted to a Lodge and, under the rules, is laid over two weeks, and at the next meeting of the Lodge the accused appears and desires to waive time, and asks for judgment at that time, it is not proper nor legal for the Lodge to accept the waiver and pronounce judgment then. It must not take up the case before the expiration of the two weeks. — 1875 Journal, 302. 3144. Accused absent when Lodge acts on report. The accused is not required to be present at the Lodge meeting when the Lodge acts upon the report of the Trial Committee or pronounces its judgment, either in person or by attorney. He may be if he see fit, and it is his duty to inform himself concerning the matter, and to attend accordingly if he so desire.-^Tonkin vs. Marion Lodge, 1901 Journal, 506, 538. 3145. Action on report — Notice of report — Proof of ser- vice. A Lodge has no authority to act on or adopt a report of a Trial Committee at the meeting on which it is presented. Trials. 779 As soon as the report of the Trial Committee is received notice should be forthwith given to the accused of the mak- ing or filing of the report, and he should have two weeks after he receives the notice in which to file his exceptions, and a written certificate or proof of such service should be filed.— Rodgers vs. Fresno Lodge, 1898 Journal, 171, 203; Rothamel vs. Hecker Lodge, 1896 Journal, 517, 557. 3146. Motion to receive report. A motion to receive re- port of a Trial Committee is not equivalent to a motion to adopt the report. — Rothamel vs. Hecker Lodge, 1896 Jour- nal, 517, 557 ; McKenzie vs. Napa Lodge, 1898 Journal, 168, 198, 214. 3147. Motion to accept a report. To accept a report in parliamentary proceedings means to receive for further action, and to receive a report is not equivalent to adopting it. By adopting a motion to receive or to accept a report a Lodge takes no action on the report and does not thereby adopt the report or pronounce any judgment. — Krocker vs. Maxwell Lodge, 1899 Journal, 546, 612; McLain vs. Moke- lumne Lodge, 1899 Journal, 544, 612; Tonkin vs. Marion Lodge, 1900 Journal, 146, 177 ; Silberstein vs. Capay Lodge, 1904 Journal, 517, 527 ; Rodgers vs. Fresno Lodge, 1898 Jour- nal, 171, 203. 3148. Action on Bill of Exceptions and report of com- mittee. It appears the Bill of Exceptions to the Trial Com- mittee was read and a motion made to adopt the report of the Trial Committee, which was carried, and thereupon the Lodge took action upon the penalty and expelled the ap- pellant. It is a better practice to act upon the Bill of Exceptions before the consideration of and action upon the report of the Trial Committee. But it is the settled law of this Grand Lodge that the adoption of the report of the Trial Committee is a determination upon the merits of the Bill of Exceptions. — Billings vs. Eureka Lodge, 1891 Jour- nal, 691, 717, 723. 3149. Verdict of acquittal by Trial Committee and new committee. A Lodge, when acting on the report of a Trial 780 Trials. Committee, even though the report be one of acquittal, may- refer the matter back to the same committee or refer it to a new committee for trial. — 1880 Journal, 256, 359, 375. 3150. Pronouncing judgment. After passing upon the Bill of Exceptions the Lodge should then pass upon, or come to some conclusion upon, the report of the Trial Committee. It should pronounce its judgment. In pronouncing its judg- ment it may or may not adopt the report of the committee — that is, may find the brother guilty or not guilty, or take such other action as may be proper. It must pronounce its judgment that the accused is guilty before it can affix a pen- alty. — Porter vs. San Lorenzo Lodge, 1894 Journal, 689, 690, 718; Phillips vs. Sheridan Lodge, 1898 Journal, 164, 197; Tonkin vs. Marion Lodge, 1901 Journal, 506, 538 ; Clark vs. Santa Barbara Lodge, 1901 Journal, 588. 3151. After passing on Bill of Exceptions, must pronounce judgment. It is the settled law of this Grand Lodge that after passing upon the Bill of Exceptions the Lodge should then pronounce its judgment. In pronouncing its judgment the Lodge may or may not adopt the report of the Trial Com- mittee, or change or modify it, or refer it back to the same or another committee, or grant a new trial, or find or de- clare the accused guilty or not guilty. — Martin vs. Cupertino Lodge, 1902 Journal, 883, 891, 892. 3152. Majority and minority reports — Bill of Exceptions — Judgment. Where the majority of a Trial Committee re- ported the accused guilty and the minority of the committee reported him not guilty, and the accuser filed a Bill of Exceptions to the majority report, and his exceptions were in effect that the evidence is insufficient to sustain the major- ity report, and he claimed and asserted therein also that the preponderance of the evidence established the guilt of the accused, and the Lodge sustained the Bill of Exceptions, yet nevertheless the Lodge must pronounce its judgment, and in so doing may adjudge the accused guilty or not guilty. —Martin vs. Cupertino Lodge, 1902 Journal, 883, 891, 892. I Trials. 781 3153. No action on the Trial Committee's report. The Trial Committee reported the accused guilty, and he was notified of the filing of the report, but did not file any Bill of Exceptions. The Lodge took no action on the report, but proceeded to ballot on the penalty, and expulsion was car- ried, and the accused declared expelled. As no action was taken on the report, there was no judgment of the Lodge, and balloting and affixing the penalty without judgment was illegal. — Dunlap vs. Observatory Lodge, 1896 Journal, 529, 558 ; Turner vs. Camptonville Lodge, 1890 Journal, 423, 427 ; McKenzie vs. Napa Lodge, 1898 Journal, 168, 198, 214; Clark vs. Santa Barbara Lodge, 1901 Journal, 588. 3154. No Bill of Exceptions — Must pronounce judgment. By the provisions of the Constitution of Subordinates, Sec- tion 4, Article VIII, the Lodge is required to pronounce judg- ment, whether a Bill of Exceptions be filed or not, and the Lodge, in pronouncing judgment, can adopt the report of the committee, or change or modify it, or refer it back to the same or another committee, or grant a new trial. It may find the brother guilty or not guilty, or give < such judgment as it deems the evidence justifies and requines, but it must pro- nounce judgment before it proceeds to ballot on the penalty. Until the Lodge has taken action on the report, there is no judgment. — Dunlap vs. Observatory Lodge, 1896 Journal, 529, 558 ; Bassett vs. Elmira Lodge, 1886 Journal, 607, 608 ; Newington vs. Silver Star Lodge, 1886 Journal, 638, 648; 1869 Journal, 112, 113, 117. 3155. When to act on report. The Lodge has no power to act at all upon or adopt the report on the night of its pre- sentation, and none, at any time, to dismiss charges of which the defendant has been pronounced guilty. It is illegal for a Lodpre to act upon the report of the committee finding the accused guilty one week after the report is presented. — Mountain Rose Lodge vs. McCoy, 1860 Journal, 33, 34, 40 ; 1861 Journal, 159; Speigel vs. Bay City Lodge, 1863 Journal, 403, 414 ; Kodgers vs. Fresno Lodge, 1898 Journal, 171, 203. 782 Trials. 3156. Notice of time fixed for acting on report. There is no law requiring the Lodge to notify the accused of the time fixed by the Lodge to act upon the report of the Trial Committee. The accused, like ^ny other brother, must in- form himself about such matter by attending the Lodge or by proper inquiry. — Tonkin vs. Marion Lodge, 1901 Journal, 506, 538. 3157. Postponing action on report of Trial Committee. The action of a Lodge postponing the consideration of the report of a Trial Committee for two weeks, and then again for two weeks, is not contrary to law. — Tonkin vs. Marion Lodge, 1901 Journal, 508, 539. • 3158. What action may take on report. A Lodge, when acting on the report of a Trial Committee, may refer the matter back to the same committee, or refer it to a new committee for trial. A Lodge may pursue such course when- ever there is a reasonable doubt as to the correctness of the plea, or the accused has been improperly induced or misled to put in a particular plea, or has put in a particular plea by mistake or inadvertence, or the plea does not cover the entire charges and specifications, or the plea was put in with a certain understanding with the prosecution and the Trial Committee, which the Lodge does not approve, or whenever the interests of truth and justice may require it. Where there is nothing in the proceedings of the Lodge's action on the report showing the reasons that induce the Lodge to order the matter to a new committee for trial, as it is a mat- ter within the sound discretion of the Lodge, it must be pre- sumed that the Lodge has good reasons for its action. — Brown vs. Charity Lodge, 1875 Journal, 259, 266 ; 1880 Jour- nal, 256, 359, 375. 3159. Changing or amending the report. A Lodge may change or amend the report of a Trial Committee where the committee submit a report finding the accused not guilty, .'^he Lodge may amend the report so as to read guilty, and adopt the report as so amended, thereby adjudging the t T f I ■ ■»■ i 1 Tkials. 783 accused guilty. — Ayer vs. Farnsworth Lodge, 1900 Journal, 149, 177. 3160. Majority and minority reports, and action thereon. If there be a majority and a minority report, and a motion be made to adopt the majority report, and an amendment be offered and carried to strike out the word ''majority" in the original motion, and insert the word ''minority," the adoption of the amendment simply changes the form of the motion, and the motion, as amended, must then be put to the Lodge and acted upon. — Mertes vs. Roseville Lodge. 3HH5 Journal, 399, 431. 3161. The penalty. If a specific penalty for an offense be provided in the Constitution or By-Laws, the Noble Grand shall enforce it. If none be so provided, the Lodge shall de- cide by paper ballot whether the penalty shall be expulsion, suspension, or reprimand and fine. During the ballot the accused brother shall withdraw from the Lodge-room. If, upon the first ballot, it shall appear that two-thirds of the ballots are cast for expulsion, such shall be the penalty. If two-thirds of the ballots be not cast for expulsion, then the Lodge shall proceed to ballot for suspension, and if two- thirds of the ballots be cast for suspension, suspension shall be the penalty, and the Lodge shall proceed to fix the dura- tion of such suspension, which shall not exceed two years. If neither expulsion nor suspension be determined as the penalty, as above provided, then the penalty shall either be reprimand, fine, or both ; if fine be determined upon, then the Lodge shall fix the amount, not exceeding ten dollars; if reprimand be decided upon, then the accused shall be repri- manded in open Lodge by the acting Noble Grand. No ballot held under this section shall be reconsidered. All fines imposed under this section shall be paid within thirteen weeks from date of their imposition, or the brother shall stand suspended from all the rights and benefits of the Order until such fine be paid ; and if he cease to be a member, he shall, prior to reinstatement, pay the whole amount of such fines and dues. — Constitution Subordinates, Art. VIII, Sec. 6. 784 Trials. 3162. Must pronounce judgment before penalty. The Lodge before it can proceed to ballot upon or fix a penalty must pronounce a judgment of conviction. — Rodgers vs. Fresno Lodge, 1898 Journal, 171, 203; Tonkin vs. Marion Lodge, 1900 Journal, 146, 177 ; Silberstein vs. Capay Lodge, 1904 Journal, 517, 527; Krocker vs. Maxwell Lodge, 1899 Journal, 546, 612. 3163. The accused must be tried before penalty. A Lodge cannot pass a resolution summarily expelling a brother with- out a trial or notice, no matter how plain a case there may be against him. Even if every member of the Lodge witness the act and know that the offending brother is guilty, yet the Lodge is bound to give the brother a fair trial. — 1872 Journal, 575, 665, 684. 3164. May affix penalty on plea or admission of guilt. In cases where the accused admits or pleads guilty to the charges, the Lodge is not required to pronounce a judgment of conviction before affixing the penalty, but may impose the penalty upon the plea or admission of guilt. — Christensen vs. San Leandro Lodge, 1903 Journal, 125, 127, 154. 3165. The Lodge fixes penalty. The power to impose a penalty rests exclusively in the Lodge. The Lodge cannot authorize the Noble Grand to fix the amount of a fine. — ^Price vs. Magnolia Lodge, 1863 Journal, 401, 414. 3166. Duty of Noble Grand to declare penalty, when. Where the By-Laws of a Lodge prescribe a specific penalty, such as expulsion, for a certain offense, such as habitual drunkenness, gambling, or feigning sickness, it is the duty of the Noble Grand, in case of the conviction of a brother, to declare the penalty and execute it in obedience to the man- date of the Constitution of Subordinates, without a ballot or other action of the Lodge. — Olive Lodge vs. Anderson, 1877 Journal, 657, 666. 3167. Trial Committee should not recommend or fix. The Committee on Charges have no right to recommend or fix Trials. 785 the penalty for an offense, of which they have found the brother guilty.— 1858 Journal, 389, 391, 392. 3168. Specific penalties, how prescribed. To affix a specific penalty for an offense peculiarly and appropriately appertains to legislation. Specific penalties must be pre- scribed by the Constitution or By-Laws of a Subordinate Lodge, or by a law enacted by this Grand Lodge or by the Sovereign Grand Lodge. — Davisson vs. Suisun Lodge, 1897 Journal, 854, 977. 3169. When no specific penalty prescribed. Where there is no law prescribing a specific penalty, the Lodge has the right, under its Constitution (Constitution of Subordinates, Article VIII, Section 6) to exercise its discretion upon all the circumstances of the case and impose expulsion, suspen- sion, fine or reprimand, or both fine and reprimand. — Davis- son vs. Suisun Lodge, 1897 Journal, 954, 977; 1900 Journal, 224, 225, 244 ; Childs vs. Klamath Lodge, 1905 Journal, 898, 919. 3170. When penalty in discretion of Lodge. The Consti- tution of Subordinates, Article VIII, Section 6, prescribes that in case a specific penalty be provided for an offense, the Noble Grand shall enforce it, and in case no specific penalty be provided, the Lodge shall decide by paper ballots whether the penalty shall be expulsion, suspension, fine or reprimand, or both fine and reprimand. Under this section, when no specific penalty is provided, the measure of punishment is in the discretion of the Lodge. — Thompson vs. Golden Gate Lodge, 1876 Journal, 473, 503 ; Rogers vs. Fresno Lodge, 1877 Journal, 647, 648, 665; Mann vs. Branciforte Lodge, 1878 Journal, 885, 913; Gould vs. Jackson Lodge, 1878 Journal, 893, 935; Pfau vs. Petaluma Lodge, 1878 Journal, 919, 953; Brooks vs. Capitol Lodge, 1879 Journal, 106, 128; Leighton vs. Placer Lodge, 1879 Journal, 130, 142 ; Prewett vs. Mound Lodge, 1887 Journal, 836, 837, 853 ; Smith vs. Stony Creek Lodge, 1887 Journal, 837, 853; Fariey vs. Gilroy Lodge, 1887 Journal, 839, 853; Shiels vs. St. Helena Lodge, 1889 Journal, 50 786 Trials. 99, 107 ; Weller vs. Soquel Lodge, 1892 Journal, 69, 90 ; Bode vs. Germania Lodge, 1888 Journal, 1086, 1096; Fleury vs. Washington Lodge, 1856 Journal, 200; Davis vs. Lafayette Lodge, 1885 Journal, 377, 413; 1887 Journal, 839, 853; Strong vs. Eel River Lodge, 1893 Journal, 347, 363; Ilsohn vs. Diamond Springs Lodge, 1896 Journal, 955, 977. 3171. Mitigating circumstances. As to mitigating circum- stances, that is a matter for the consideration of members of the Lodge in affixing the penalty and not for the Grand Lodge. — Gould vs. Jackson Lodge, 1878 Journal, 893, 935. 3172. When charges need not be read. The charges are not required to be read in the Lodge before voting on the penalty in such cases where the accused pleads guilty, unless a demand be made therefor. — Weller vs. Soquel Lodge, 1892 Journal, 69, 90; Christensen vs. San Leandro Lodge, 1903 Journal, 125, 127, 154. 3173. Reading report of Trial Conunittee. The report of the Trial Committee is not required to be read at the meet- ing at which the penalty is imposed in cases where the accused pleads guilty, unless demand was made therefor. — Christensen vs. San Leandro Lodge, 1903 Journal, 125, 127, 154. 3174. Right to vote. A member present when the Lodge acts upon the report of the Trial Committee, and upon the question of penalty, but who has been initiated since the Lodge rendered a judgment of expulsion against the accused in the matter, and which judgment has been reversed by the Grand Lodge, has, if otherwise qualified, the right to vote on all questions. — Tonkin vs. Marion Lodge, 1901 Journal, 506, 538. 3175. Right to vote on report and penalty. Members present when the Lodge acts upon the report of the Trial Committee and upon the question of penalty, but who have not attended the Lodge during the progress of the case, have a right to participate in the proceedings and vote on all Trials. 787 questions relating to the case. — Tonkin vs. Marion Lodge, 1901 Journal, 506, 538. 3176. Right to vote — Charges — Report. Members of the Lodge who have not heard the charges or report read, nor read them, have, if otherwise qualified, the right to vote on the penalty and all questions relating to the case. — Christen- sen vs. San Leandro Lodge, 1903 Journal, 125, 127, 154. 3177. Vote on expulsion. The law requires the ballot on the punishment to be taken first on expulsion. — Eldridge vs. Klamath Lodge, 1889 Journal, 98, 107. 3178. The record. In trials the proceedings or minutes of the Lodge must show a ballot for expulsion. — Prewett vs. Mound Lodge, 1887 Journal, 836, 837, 853 ; Granite Lodge vs. Hall, 1859 Journal, 499. 3179. Record must show number of ballots on penalty. When a Lodge ballots upon the penalty to be affixed in the matter of charges the Secretary should enter in the minutes the number of ballots cast for or against a penalty. Where a Lodge expelled a brother and the minutes did not show the number of ballots cast for or against expulsion, it was de- clared to be error. — Krocker vs. Maxwell Lodge, 1899 Jour- nal, 546, 612. 3180. Drunkenness. Drunkenness is an offense, and the measure of punishment is in the discretion of the Subordi- nate Lodge. — Eldridge vs. Klamath Lodge, 1889 Journal, 98, 107. 3181. Ballots, how taken. In fixing penalty on charges the Lodge sliould first vote by ballot on the question of ex- pulsion, that is, should vote for or against expulsion. If ex- pulsion be lost, then it should vote by ballot on suspension, that is, for or against suspension. If suspension be fixed as the penalty, then the Lodge should fix the duration of the suspension by vote, on motion, without paper ballots. — Mor- ris vs. Merced Lodge, 1890 Journal, 380, 388 ; 1887 Journal, 898, 904; 1863 Journal, 413; Rothamel vs. Hecker Lodge, 1896 Journal, 517, 557. 788 Trials. 3182. Ball ballots are illegal. A Lodge must decide by- paper ballots whether the penalty shall be expulsion, sus- pension, reprimand or fine, where no specific penalty is at- tached. Ball ballots are illegal.— 1862 Journal, 304; Spiegel vs. Bay City Lodge, 1863 Journal, 403, 414 ; Kenney vs. Crusade Lodge, 1863 Journal, 412, 413. 3183. Vote required for different penalties. To impose expulsion or suspension in cases of charges, a two-third vote is requisite, but to impose fine or reprimand, a majority vote will suffice. A majority is sufficient to fix the amount of the fine. — Buckhout vs. Wilson, 1874 Journal, 78, 84; Salinas Lodge vs. Adcock, 1878 Journal, 893, 935 ; 1897 Journal, 1030, 1054. 3184. Two-thirds vote and blank ballots. Where a Lodge, in determining the penalty, voted on the question of ex- pulsion by paper ballots, eleven ballots were cast; seven ballots were '* Expulsion, yes," three ballots were *' Expul- sion, no," and one ballot was blank, expulsion was not affixed. Article VIII, Section 6, Constitution of Subordi- nates, requires two-thirds of all ballots cast to affix that penalty. Blank ballots must be counted. The Lodge by this determined that expulsion should not be the penalty. A ballot under this section cannot be reconsidered. — Berry vs. Evergreen Lodge, 1896 Journal, 520, 557. 3185. Two-thirds vote and brothers who do not vote. Section 6, Article VIII, Constitution of Subordinates, which regulates balloting on penalties in matters of charges, pro- vides that if two-thirds of the ballots are cast for expulsion, such shall be the penalty. Under this provision no count is to be made of brothers who do not vote. If two-thirds of the ballots cast are for expulsion, it is carried. — Tonkin vs. Marion Lodge, 1900 Journal, 146, 177. 3186. Grand Master and penalty. If the law of the Lodge requires a two-thirds vote to expel a member, the Grand Master has no authority to set it aside, and direct expulsion by a majority vote. If the Lodge has the discretion to fix Trials. 789 a penalty and declines by the necessary vote to make it expulsion, the Grand Master cannot direct the Lodge to expel.— 1905 S. G. L. Journal, 40, 219, 243. 3187. Term of suspension — How fixed. When suspension is fixed as the punishment, the Lodge shall proceed to fix the duration of the suspension, and this may be done with- out ballot and by a majority vote. — King vs. Ukiah Lodge, 1874 Journal, 80, 84; Sharpies vs. Industrial Lodge, 1877 Journal, 650, 666. 3188. Ballots for expulsion. It is better for the brothers voting on the question of expulsion to write on their ballots **for expulsion," or ''against expulsion." But where under direction of the Noble Grand, the members were instructed to vote for or against expulsion, that those who were for ex- pulsion should vote or write ''yes" on their ballots, and those who were against expulsion should vote or write "no" on their ballots and the brothers voted accordingly, it is voting for or against expulsion within the contemplation of our law. — Weller vs. Soquel Lodge, 1892 Journal, 67, 90; Berns vs. Blue Lake Lodge, 1892 Journal, 92, 101. 3189. The same. In voting on the penalty the Noble Grand instructed the Lodge that a vote upon expulsion was about to be taken, and a vote was thereupon had, and there were eleven ballots; five ballots read "expulsion," three ballots had "yes" on them, two had "no" on them, and one read "fine." The ballots that had "yes" should be counted for expulsion, and as there were two-thirds of the ballots for expulsion, the brother was expelled. — Eldridge vs. Kla- math Lodge, 1889 Journal, 98, 107. 3190. Ballots on penalty and the Noble Grand. In voting on the penalty after conviction on charges, it is illegal for the Noble Grand to order the brothers to prepare their ballots upon which the word expulsion or suspension must be written. The Noble Grand has no power to dictate to a brother as to how he shall vote on any question. Some of the brothers may desire to vote against both expulsion and 700 Trials. suspension, believing that reprimand or fine would be ample punishment, and, if so, they have a perfect right to vote as they please. — Bidwell Lodge vs. Price, 1873 Journal, 856, 864. 3191. Expulsion or suspension, when rejecting one, fixes the other. When the By-Laws of a Lodge provide that for an offense a brother ''shall be suspended or expelled at the discretion of the Lodge, ' ' then in case of conviction it is the duty of the Lodge to determine between these two penalties, and if the Lodge reject expulsion as the penalty, it thereby affixes suspension as the penalty by virtue of the By-Laws, and the Lodge should fix the duration of the suspension. — Sharpies vs. Industrial Lodge, 1877 Journal, 650, 666. 3192. Certain votes, how counted. Where the Lodge is voting upon the penalty of expulsion, and some members cast their votes *'for suspension," two-thirds of the Lodge, however, voting for expulsion, the action of the Lodge ex- pelling the brother is legal. The votes ''for suspension" will be understood as meaning simply "against expulsion." — Eobinson vs. Templar Lodge, 1880 Journal, 328, 367. 3193. Reprimand. When a member shall be subject to the penalty of reprimand, he shall be summoned to attend at some regular meeting to be fixed by the Noble Grand, to be reprimanded from the chair of the Noble Grand; and until he so attend and be reprimanded, he shall be suspended from all benefits and privileges of membership. — Constitu- tion Subordinates, Art. VIII, Sec. 7. 3194. The same. When, after trial and conviction, repri- mand is fixed as the penalty, the provisions of the Constitu- tion relative to reprimand must be complied with. The judg- ment is final and conclusive until reversed on appeal. — In re Los Angeles Lodge, 1876 Journal, 505, 509. 3195. The same. When a brother has been found guilty of conduct unbecoming an Odd Fellow, and the Lodge has fixed the penalty that he be reprimanded, he stands sus- pended from all privileges and benefits until reprimanded, Trials. 791 and it is the duty of the Noble Grand to give him notice to appear at a fixed time to receive the punishment. — 1888 Jour- nal, 30, 122, 163 ; Matter of L. Katz, 1893 Journal, 433 ; 1894 Journal, 605, 733, 771 ; Gulp vs. Escondido Lodge, 1902 Jour- nal, 885, 892. 3196. Reprimand should be made at appointed time. Where the penalty to be inflicted upon a brother is repri- mand, and the brother is cited to appear before the Lodge at a certain time for the purpose of receiving such reprimand, and he does so appear, the Lodge must reprimand him at the time appointed or forfeit its right to reprimand him at all. Should the Noble Grand be absent from that meet- ing, it is the duty of the acting Noble Grand to reprimand the brother, and any one entitled to occupy the chair of the Noble Grand may be called upon to deliver the reprimand from that chair.— 1880 Journal, 259, 359, 375. 3197. The penalty — Saloonkeeper or bartender. The pen- alty to be inflicted on a member convicted of being a saloon- keeper in violation of the law of the Order is now regulated by the Sovereign Grand Lodge. If at the time of conviction the brother continues in such business, the penalty is ex- pulsion. If the offending brother has, prior to conviction, in good faith discontinued the business, then the penalty is such as may be determined by the Trial Lodge. — Silberstein vs. Capay Lodge, 1904 Journal, 517, 527. 3198. Member convicted of being a saloonkeeper or bar- tender. The Sovereign Grand Lodge, when the offending brother has in good faith discontinued the business, or occu- pation, prior to conviction, leaves the penalty to the discre- tion of the Trial Lodge, which may impose, in such case, expulsion, suspension, fine, or reprimand — that is, the Sov- ereign Grand Lodge leaves it to the Trial Lodge to exercise its forgiveness or charitable or fraternal judgment, and by the imposition of a light penalty in such case, to retain the brother in membership. If the member, at the time of con- viction, has not discontinued such business or occupation, the 792 Trials. penalty is expulsion. — Silberstein vs. Capay Lodge, 1904 Journal, 517, 527. 3199. Right to appear and speak. The accused has no right to appear at the Lodge and speak before he receives his reprimand.— 1894 Journal, 605, 733, 771. 3200. Expulsion — Reprimand. A Lodge canjiot expel a brother for refusing to appear and receive a reprimand. — 1882 Journal, 740, 844, 879. 3201. Brother voting when not entitled. When on the question of expulsion a brother voted who was not entitled to vote, this one illegal vote could not affect the validity of the action of the Lodge, as there were seventeen votes for and six against expulsion. Likewise when ten vote for ex- pulsion and two against it and a brother voted who was disqualified from exercising that right. This one vote does not affect the validity of the vote, as with or without it, two- thirds voted for expulsion. — Tonkin vs. Marion Lodge, 1901 Journal, 506, 538; Castle vs. Oso Lodge, 1873 Journal, 864, 865, 887. 3202. Fine cannot be increased. In case the report of the committee be adopted, and a fine and reprimand be the pen- alty imposed, at the next meeting of the Lodge the repri- mand cannot be dispensed with, by vote, and the fine in- creased. — Appeal of Sierra Lodge, 1874 Journal, 18, 115, 116. 3203. Fine imposed upon conviction and suspension. A brother cannot be suspended from membership in his Lodge for non-payment of a fine imposed until the same is one year in arrears. . Section 6, Article VIII, Constitution of Subordi- nates, applies to hivS suspension from rights and benefits, and not from membership.— 1898 Journal, 13, 231, 277. 3204. Ballot cannot be rescinded, when. In case a Lodge have discretion to impose or not impose a particular penalty, a legal ballot rejecting the penalty cannot be rescinded to the prejudice of the accused. — Cosgrove vs. Petaluma Lodge, 1877 Journal, 658, 666. j Trials. 793 3205. Some penalty must be imposed — Fine. Under Article VIII of the Constitution of Subordinates the Lodge must impose some penalty upon a brother found guilty under charges, and if the Lodge reject the penalties of expulsion, suspension and reprimand, it must impose a fine, as provided in the Constitution. — St. Helena Lodge vs. Kister, 1878 Jour- nal, 885, 913; Salinas Lodge vs. Adcock, 1878 Journal, 893, 935. 3206. Some penalty must be imposed — Reprimand. When no specific penalty is provided, yet under Article VIII, Sec- tion 6, Constitution of Subordinates, the Lodge must impose some penalty on a brother found guilty under charges* and if the Lodge rejects the penalties of expulsion, suspension and fine, it must impose reprimand, as provided in the Con- stitution. — Childs vs. Klamath Lodge, 1905 Journal, 898, 919. 3207. Accuser has right to make motion and vote. The brother who makes the charges against the accused has the right to submit a motion fixing the penalty and the duration of the same, and to vote upon the penalty or upon the final issue of the case when acted on by the Lodge. — Davis vs. Scepter Lodge, 1883 Journal, 1125, 1173. 3208. No right to debate or speak on penalty — Counsel. The Constitution of Subordinates, Article VIII, Section 6, provides in regard to penalties that ** during the ballot the accused brother shall withdraw from the Lodge-room." As the accused is required to retire, he has no right to debate or speak upon the question of the penalty, and as he had no such right his attorney who represents him has no such right. It is contemplated by this section that no further debate is to take place. — King vs. Redwood Lodge, 1898 Journal, 171, 172, 203. 3209. Counsel may vote. A member of a Lodge, acting as counsel for a brother under trial, has the same right to vote on the penalty that he would have were he not counsel. —1893 S. G. L. Journal, 13256, 13548, 13671. 794 Trials. 3210. The Noble Grand. The Noble Grand has the right to vote on the questions of expulsion and suspension. — Davis vs. Scepter Lodge, 1883 Journal, 1125, 1173; 1873 Journal, 782, 900, 901. 3211. Fines and penalties. Fines and penalties must be prescribed by the By-Laws, and not by the Rules of Order. —1886 Journal, 609 ; 1904 Journal, 386, 541, 553. 3212. Indefinite suspension is illegal. A sentence of in- definite suspension is illegal. It must be for a definite time. The suspension of a brother until he pays borrowed money and a bill for board is an indefinite and illegal suspension. — 1858 Journal, 331, 398; Cubberly vs. Eureka Lodge, 1858 Journal, 364. 3213. Duration of suspension. A penalty of suspension for a period of ten years is virtually an expulsion, and is excessive and in conflict with the laws of the Order. — 1854 S. G. L. Journal, 2287, 2340; 1869 S. G. L. Journal, 4467, 4598; 1874 S. G. L. Journal, 6241, 6317. All suspensions shall be temporary and regulated by the magnitude of the offense.— 1849 S. G. L. Journal, 1504. The word *' temporary" as defined by our courts and usage, is a period of short duration.— 1854 S. G. L. Journal, 2188, 2340 ; Davis vs. Scep- ter Lodge, 1883 Journal, 1125, 1173. Two years is the limit of suspension under the laws of this jurisdiction. — Consti- tution Subordinates, Art. VIII, Sec. 6. 3214. Ballot on penalty, arguments and absence of ac- cused. The law requiring the accused to retire from the Lodge-room during the ballot on the penalty presumes that the argument of the case is closed, and subsequent debate on the merits of the question, in the absence of the accused, is entirely wrong. — Humphrey vs. San Andreas Lodge, 1858 Journal, 356. 3215. Notice of Lodge's judgment not necessary. When charges have been preferred against a brother and he has had a trial, and the Lodge has passed judgment in the case, Trials. 795 no notice to the brother of the Lodge's decision is necessary. —1860 Journal, 64, 73. 3216. Reconsideration and expulsion. A By-Law pro- viding for the reconsideration of a motion does not apply to a case of expulsion by a secret ballot, but to the ordinary parliamentary questions arising in deliberative bodies. A member once expelled is out of the Order, and no motion made to reconsider the vote can be entertained. — 1882 S. G. L. Journal, 8999, 9096. 3217. How fines after trial enforced. All fines imposed after trial must be paid within thirteen weeks from the date of their imposition, or the brother shall stand suspended from all the rights and benefits of the Order until such fine is paid. — (Constitution of Subordinate Lodges, Article VIII, Section 6.) Fines or assessments cannot be added to dues. Fines, assessments and dues are each and all of them separtely considered, and cannot in any instance be com- bined.— 1896 Journal, 607, 636, 408. 8. MISCELLANEOUS. 3218. Grand Master. As to the powers of the Grand Master when a Lodge is guilty of abusing the laws and prin- ciples of Odd Fellowship by unjust delays, obstructions, etc., see Section 2174 of this Digest. 3219. Bargains of Trial Committees. Bargains of Trial Committees with members under charges, whereby the labors of the committee are lightened and unfaithful members oft escape merited punishment, are strongly reprehended by the Sovereign Grand Lodge. It is a practice subversive of the principles of justice and an assault upon its integrity. — 1905 S. G. L. Journal, 241, 266. 3220. When Lodge does not open on time. The fact that the Lodge, at the meeting when the charges were preferred, did not open promptly on time, did not render that meeting illegal. Some Lodges, located in the interior of the State, on account of harvest time, or because their members are 796 Trials. few and live a long way from the Lodge-room, do not, at times, for lack of a quorum, meet at the time prescribed by the By-Laws for the Lodge to open or commence its session, but open some time thereafter, as soon as there is a quorum present ; yet the session of the Lodge is nevertheless valid. — Silberstein vs. Capay Lodge, 1904 Journal, 517, 527. 3221. Non-suit. There is no such thing as a non-suit in cases of trial under charges. The only conclusion the Trial Committee can arrive at is a verdict of ''guilty" or ''not guilty."— Cohn vs. Hiller, 1867 Journal, 323, 327. 3222. The same. On the conclusion of the testimony for the complainant, the defendant moved for a non-suit, which was granted by the committee. No testimony was intro- duced by the defense. On reporting to the Lodge, instead of stating that they had granted a non-suit, the committee reported a verdict that the charges were not sustained. The granting a non-suit was error, but the finding and report of the committee cured the error. They acted upon the merits in making up the report. — 1867 Journal, 325, 327. 3223. Penalty may be disclosed. Members of the Order have the right to disclose the fact of a brother's expulsion, but that right should be used with discretion, and in accord- ance with the principles of the Order. — 1860 Journal, 64, 73. 3224. Moral turpitude warrants expulsion. A criminal conviction for any offense involving moral turpitude is good ground in itself for expulsion from our Order. — Mari- posa Lodge vs. Washburn, 1860 Journal, 33, 36. 3225. Suspended brother may be tried for offense. A suspended brother who commits an offense during the time of his suspension may be duly charged with the commission of the offense and tried.— 1889 Journal, 28, 122, 163. 3226. The same. A brother while under suspension com- mits a crime, and after due trial by the courts, is sentenced to State's prison for a term of six years for such act. To expel him, the Lodge must proceed in the same manner as if he were not under suspension. — 1867 Journal, 339, 350. ^TRIALS. 7S)7 3227. Member suspended for non-payment of dues, may be expelled. A member suspended for non-payment of dues may, aftenvards, be expelled for criminal or unworthy con- duct. A brother under suspension is still a member of his Lodge, although deprived of certain rights and privileges and is subject to the laws in relation to discipline for un- worthy conduct.— 1849 S. G. L. Journal, 1400, 1502, 1513. • (See, also. Sections 2861, 2862 and 2863 of this Digest.) 3228. Suspended member on trial admitted to Lodge. A brother suspended for non-payment of dues is suspended as a means of punishment. All suspensions of membership are intended as a means of punishment. A suspended member may be arraigned and tried without first being reinstated, but when arraigned for trial and punishment, he must be temporarily admitted to the Lodge, for the purpose of mak- ing his defense, without being restored to his rights of mem- bership.— 1850 S. G. L. Journal, 1575, 1655. 3229. After expulsion, money advanced refunded. Upon the expulsion of a brother after trial upon charges, any amount of money paid by him, in advance, beyond the time that he remains a member, shall be refunded. — 1878 Journal, 817, 928, 965; 1879 Journal, 32, 107. 3230. Expulsion severs membership — Appeal. A brother who has been expelled cannot enter the Lodge-room during session for any purpose pending an appeal from him on ex- pulsion. Expulsion from a Subordinate Lodge is absolute, and severs membership totally from the Lodge, Encampment and Canton. While the right to appeal is sacred under the law, yet a member expelled from a Subordinate Lodge stands expelled until the order from the Grand or Sovereign Grand Lodge for his reinstatement to membership reaches the Sub- ordinate Lodge.— 1898 Journal, 10, 221, 240. 3231. When may accept resignation or prefer charges. Where a member of a Lodge has been convicted of a crime and is serving his sentence in State prison, the Lodge may, in its discretion, accept his resignation or prefer charges and try him.— 1886 Journal, 538, 620, 646. 798 Trials.' 3232. Verdict of not guilty in courts no defense. The fact that the accused was in a trial before a court of law, found not guilty of the offense charged, does not constitute a defense or a bar to charges for the same offense in our Order. A jury in a court of law may convict, and yet the Lodge may acquit, and so a jury may acquit and the Lodge convict. Our Order designs to try brothers on the merits and to render its decisions irrespective of the opinions of others. — Billings vs. Eureka Lodge, 1891 Journal, 696, 717, 723. 3233. Suspended brother initiated in another Lodge. A brother suspended for non-payment of dues by a Lodge in California is afterwards initiated in a Lodge in New Mex- ico, the Lodge here has jurisdiction over him, and charges may be brought therein against him for conduct unbecoming an Odd Fellow.— 1894 Journal, 720, 721, 739. 3234. When former charge not a bar. A charge of being drunk and drawing a pistol in a threatening manner is not the same as a charge of assault, and the proceedings in a former case of assault are not a bar to an investigation and trial upon the charge of being drunk, etc. — Fechelroth vs. Sonora Lodge, 1890 Journal, 381, 388. 3235. Absence of accused at trial. When charges have been preferred against a brother remote from his Lodge and he answers the summons denying the charges and stating his inability to attend the trial, the Lodge may proceed to try the case in the form as laid down in the Constitution of Subordinate Lodges. — 1864 Journal, 556, 555; Pettit vs. Eureka Lodge, 1865 Journal, 44, 61. 3236. Where accused holds Withdrawal Card. After a brother has received a Withdrawal Card the Lodge loses all power to entertain charges against him and have him tried thereon, without first having brought him back into the Lodge by annulling the card. For certain purposes a brother holding such card is within the jurisdiction of the Order, but not for purposes of charges and trial. No Lodge can try a brother who is not at the time of trial a member of Trials. 799 that Lodge.— Desty vs. North Star Lodge, 1863 Journal, 396. (See Cards.) 3237. Transfer of membership by card — Charges — ^Ex- pulsion. After a brother has applied and been elected to become a member of a Lodge by deposit of card on transfer of membership, and application has accordingly been made to his Lodge for a Withdrawal Card, and he is free from all charges, the card must be granted. His Lodge in such a. case cannot neglect or refuse to grant the card, and charges can- not be subsequently preferred in his Lodge and his Lodge expel him. — Taylor and Lemoore Lodge, 1905 Journal, 766, 931, 948. 3238. Change of venue. There is no law of the Grand Lodge providing for a change of venue in case of charges. — 1882 Journal, 738, 844, 879. 3239. Proof of venue. The prosecution is required to prove the venue. — Silberstein vs. Capay Lodge, 1904 Jour- nal, 517, 527. 3240. Lodge must try its own members. Where charges have been preferred against a brother by a member of another Lodge, the brother must be tried in his own Lodge and not in the Lodge of the brother who prefers the charges. —1887 Journal, 769, 898, 904; 1905 Journal, 743, 932, 948. 3241. Grand Lodge and Trial Committee. A Grand Lodge of a State has no power to appoint a committee of the Grand Lodge to try a brother of a Subordinate Lodge. It may, however, order a Subordinate Lodge to try a member, and to the order the Subordinate Lodge must yield obedience. — 1871 S. G. L. Journal, 4993, 5194, 5245. 3242. The same. Where charges for conduct unbecoming an Odd Fellow have been preferred against a member of a Lodge, the Lodge cannot delegate to another Lodge the power to try said brother.— 1886 Journal, 625, 647. 3243. When trial may commence. The law does not re- quire that the trial of the accused should not commence 800 Trials. within two weeks after the appointment of- the Trial Com- mittee. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 3244. Certificate or admission of service of notice. The law requires that notice of the filing of the report of the Trial Committee must be served on the party against whom the verdict is rendered, and a certificate or admission of such service should be filed with the Lodge.- — Paul vs. Laurel Lodge, 1885 Journal, 354, 367. 3245. Where charges fall, brother reinstated from date of charges. When charges are preferred against a brother, and are not sustained, or are for any cause dismissed, the brother shall be declared reinstated in full membership from the date of such charges. — 1854 Journal, 81. 3246. Offending against By-Law. Charges may be pre- ferred in the usual manner against a brother who offends against a By-Law, making it an offense to make public the transactions of his Lodge in any of its degrees, or to expose the name of a brother who may vot^ or speak against a can- didate for membership to any of its degrees, and the accused may be tried for the offense in the usual manner. — 1885 Jour- nal, 405, 426, 435. 3247. Members or officers under charges. A member has the right, during the pending of charges against him, to sit in the Lodge, and, if an officer, to discharge the duties of his office at all times when, if Noble Grand, his case is not under action. — 1858 Journal, 394, 395. 3248. Charges against Noble Grand. When charges are pending against the Noble Grand of a Lodge, his functions as Noble Grand do not cease, except while such charges are being acted upon in open Lodge. It shall then be the duty of the Noble Grand to place in his chair the Vice-Grand, or, in his absence, some competent Past Grand, who shall ap- point the majority of the members of the Trial Committee, and, according to the Constitution of Subordinates, other- wise act in the premises. — 1858 Journal, 394, 395. Trials. 801 3249. Our Subordinate Lodge Constitution governs. The Code of Procedure published in the Sovereign Grand Lodge Digest (see White's Digest, 1895) is a part of the Consti- tution enacted by the Sovereign Grand Lodge, I. O. O. F., for the government of Subordinate Lodges under the im- mediate jurisdiction of the Sovereign Grand Lodge. That Constitution and Code are not applicable to the Subordinate Lodges under the jurisdiction of the Grand Lodge of this State. The Constitution enacted by the Grand Lodge of California is the Constitution of Subordinate Lodges in the State of California, and its provisions regulate and govern the procedure in the appointment of Trial Committees and the trial of charges in this jurisdiction. — Johnson vs. Em- barcadero Lodge, 1898 Journal, 166, 198, Ilsohn vs. Dia- mond Lodge, 1897 Journal, 955, 977. 3250. Duty of Lodge when charges preferred — Trial Committee. It is the duty of the Lodge, when charges are preferred, to proceed with and complete the trial without unnecessary delay. If a Lodge should, upon false pretexts or for purposes of annoyance, knowingly, purposely and un- necessarily delay the trial, or delay the trial with the de- sign of preventing a brother from receiving benefits due, it is liable to charges and discipline for a violation of its duty. If a Trial Committee knowingly, purposely and unnecessar- ily commit such acts, it or those of the committee partici- pating therein are liable to charges and the penalties pro- vided for conduct unbecoming an Odd Fellow. — 1897 Jour- nal, 1045, 1059. 3251. Defense and matters of mitigation. Every brother on trial must have allowed him a fair opportunity for de- fense from any alleged fault and be permitted to present any matters in mitigation. — 1861 Journal, 163. 3252. Noble Grand should not act as counsel. An ex- ception that the Noble Grand of the Lodge acted as counsel for the prosecution in a case, is not a good one in point of law, but, as a matter of taste, it is better that he should not 80 act.— California Lodge vs. Beck, 1866 Journal, 193, 210. 51 802 Trials. 3253. Right of accused to consult with counsel. Where an accused brother selects counsel to act for him in his absence, who declines to serve, it is a fatal error for a Lodge to neglect to inform the accused of the fact, and to appoint other counsel for the accused without notifying him (the accused), and giving him an opportunity to consult with the newly-appointed counsel. — Valley Lodge vs. Levy, 1866 Journal, 171, 174. 3254. Counsel sick — Continuance granted. The right to be represented and defended by counsel is a substantial one, and an accused brother is entitled to a full, fair and reason- able opportunity to avail himself of such right. Where counsel, therefore, is confined to his room by sickness, and sends a letter to the Trial Committee, stating therein upon the honor of an Odd Fellow, that he cannot appear for that reason, for the period of ten days, and asks a continuance of the hearing for that time, the committee should grant the continuance, it being a reasonable delay. — ^Paul vs. Laurel Lodge, 1886 Journal, 639, 648. 3255. Limiting counsel as to time. A brother should have every opportunity to make his defense. A Lodge granted defendant's counsel only fifteen minutes to sum up his case in open Lodge. This was certainly an extraordinary disre- gard of the rights of defendant. He was allowed counsel, and then deprived of the full benefit of his counsel's services by limiting him to fifteen minutes, to reply to the arguments which each or all of the members of the Lodge might make, and also to read or comment on sixty-six pages of testimony, which of itself could not be done in half an hour. In the Lodge-room it ought never to be suffered, whatever the gravity of the offense. — Levey vs. Magnolia Lodge, 1871 Journal, 404, 429. 3256. Offensive or disorderly conduct of counsel. If counsel, a member of the Order, representing the accused, should, in addressing the Trial Committee before going into the evidence of the case, impugn its integrity by saying that Trials. 803 he knew ** there was no use in making objections," that he knew **he was up against it," that he ''did not expect fair play at the hands of the committee, ' ' and refuse to obey the orders of the committee in maintaining order and resuming his seat when directed, the Trial Committee has full power to compel an orderly transaction of business before it and full power to refuse to permit him to be heard, and to ask that the accused shall secure other counsel, and has the right to order the offending counsel to leave the room and if he continues his disorderly conduct, to eject him. If his name appears anywhere on the record it should remain, and the Trial Committee should make note on their minutes why he was not allowed farther to appear in the case; if the de- fendant so desires he should be granted a reasonable time to secure other counsel.— 1905 S. G. L. Journal, 32, 219, 243, 221, 244. 3257. By-Laws. Constitution of Subordinates provides the manner in which charges shall be preferred against a brother. Any By-Law to the contrary is null and void. — 1864 Journal, 573. 3258. Improper haste. Charges should not be urged to trial with improper haste. Time should be granted the accused to procure evidence without neglect of his business. — Coloma Lodge vs. Brown, 1857 Journal, 260, 261. 3259. Reversal of judgment on appeal and new trial. In every case of the reversal of a judgment on appeal by this Grand Lodge, the Subordinate Lodge has the power to order a new trial, avoiding the errors in the proceedings pointed out by the Grand Lodge. — 1856 Journal, 205. 3260. New trial, newly discovered evidence. An appli- cation for a new trial on the ground of newly discovered testimony comes in a very suspicious form where the names of the newly discovered witnesses are not stated, the nature of their testimony is not set forth, and no means given to the Lodge by which it can judge of the credibility of the witnesses or the value of their testimony: whether the new 804 Trials. testimony would be cumulative or to new points ; whether it would be introduced to impeach that of other witnesses, or whether, in fact, it exists at all. To sustain such practice would be to open the door to endless delays and vexations, and effectually bar the administration of justice. — San Juan Lodge vs. Moore, 1859 Journal, 489, 490, 495. 3261. The same. Applications for new trial on the ground of newly discovered testimony should afford the Lodge some means of judging of the importance and mate- riality of the evidence, should give the names of the wit- nesses, set forth the nature of their testimony, present some proof that the testimony in fact exists. — Holcomb vs. Nietos Lodge, 1877 Journal, 654, 666. 3262. Committee to investigate rumors about brother's conduct. A Subordinate Lodge cannot appoint a committee to investigate rumors regarding the conduct of a brother in good standing, prior to charges being preferred against him and report to the Subordinate Lodge. — 1880 S. G. L. Journal, 8331, 8440. 3263. Trials of brothers who have not the Third Degree. All proceedings in trials that take place in a Lodge, take place in the highest degree attained by the accused. A brother of a lower degree, although he have preferred the charges, cannot be present in Lodge. The Lodge shall be especially opened in the highest degree attained by the accused, and all rules of order for the transaction of busi- ness in the Third Degree shall prevail at such trial, provided that voting upon all questions before said trial Lodge, if below the Third Degree, shall be either viva voce, division or ballot.— 1886-1892 S. G. L. Journal, 10253, 10487, 10311, 13143, 13144, 13193. 3264. Acquittal in civil courts. Acquittal in civil courts of a charge of murder is not a sufficient defense in a trial by the Lodge.— 1891 S. G. L. Journal, 12555, 12646. 3265. Charges against applicant for Dismissal Certificate. It is not only legal for a Subordinate Lodge to entertain, Trustees of Grand Lodge. 805 permit or allow charges to be brought against a member who has an application for a Dismissal Certificate before it after five years from the date of suspension, but it is the duty of the Lodge to allow and try such charges. — 1885 S. G. L. Journal, 9856, 10105, 10176. (See Appeals; Cards; Dismissal Certificates; Officers; In- stallation.) TRIAL OF SUBORDINATE LODGES. (See Subordinate Lodges.) TRUSTEES OF GRAND LODGE. 3266. Their duties. The Trustees shall, immediately after their election and qualification, by giving a bond as hereinafter provided, organize as a Board, with a President and Secretary, and shall hold in trust such funds, stocks, bonds, securities, investments and other property as the Grand Lodge may from time to time place in its custody and control, or which may otherwise come into its posses- sion, and shall transfer, exchange or deposit the same, or any part thereof, as the Grand Lodge may direct. The Board shall keep a full and correct account of all moneys received, expended or invested, and report, in writing, to the Grand Lodge at each annual session, the business trans- acted by the Board during the term, together with a partic- ular statement of the funds and investments belonging to the Grand Lodge, which shall be carefully examined by the Finance Committee, in the same manner as the funds and accounts of the Grand Treasurer are required to be exam- ined. The Board shall provide accommodations for the annual session of the Grand Lodge; perform such other duties as may be required by the customs and usages of the Order. The Trustees shall also, at least twice a year, and at such other times as they may deem necessary, examine the books, accounts and vouchers in the hands of the Grand Secretary, and also count the money and examine the books and vouchers in the hands of the Grand Treasurer. — Consti- tution Grand Lodge, Art. IV, Sec. 6. 806 Trustees of Subordinate Lodge. 3267. Elective officers, election and term. They are elective officers of the Grand Lodge. Their terms and time and manner of election the same as elective officers of Grand Lodges. — Constitution Grand Lodge, Art. Ill, Sees. 1 and 3. (See Bonds.) TRUSTEES OF ODD FELLOWS' HOME. (See Odd Fellows' Home.) TRUSTEES OF SUBORDINATE LODGE. 3268. Three Trustees may be elected. The elective officers * * * . The Lodge may also elect three Trustees to serve for such terms as the By-Laws shall prescribe ; provided, that no member shall hold any two of said offices at the same time. — Constitution Subordinates, Art. VI, Sec. 1. 3269. Who ineligible. No member shall be eligible for election as Trustee of a Lodge who is indebted to the Lodge for any borrowed money, or held as security to the Lodge for any indebtedness due the Lodge; nor shall a Trustee be permitted to borrow or use any funds of the Lodge, or become surety for the same. — Constitution Subordinates, Art. VI, Sec. 14; 1890 Journal, 449. 3270. The same. No member holding an office relating to the management or disbursement of Lodge funds, shall be eligible to any other office of similar character in the same Lodge during the term of office to w^hich he was first elected. — Constitution Subordinates, Art. VI, Sec. 12. 3271. Their duties. The Trustees (if there be any) shall give a joint and several bond in such sum as may be required, for the faithful performance of their duties, to be approved by the Lodge, and made payable to the Noble Grand and Vice-Grand, with two good and sufficient sureties for each Trustee ; provided, that each Trustee may execute a separate bond with two sureties as aforesaid, if he so elect, or the By-Laws so prescribe. The Board of Trustees shall hold in trust all stocks, securities, investments, property and funds Trustees of Subordinate Lodge. 807 belonging to this Lodge, and transfer, exchange, or deposit the same, or any part thereof, when required by the Lodge so to do ; and shall also keep the funds invested for the best interests of the Lodge, in such stocks, bonds, or other secur- ities, as shall be approved of by a two-thirds vote of the members present at a regular meeting, or deposit the same in some savings bank. It shall be their duty to have the general supervision of the widows and orphans of deceased members of the Lodge, and render them such assistance as the Lodge may direct, or the rules and usages of the Order may require. On the expiration of their term of office, or removal therefrom, they shall deliver to their suc- cessors in office, or such persons as shall be appointed, all the books, papers, bonds or other property they may have in their hands belonging to the Lodge. They shall keep a full and correct account of all moneys received, expended or invested, and at the close of each semi-annual term, make a full report in writing of all business transacted by them during the term, together with a particular statement of the funds and investments belonging to the Lodge. — Constitu- tion Subordinates, Art. VII, Sec. 6. 3272. No right to expend or invest funds. Without the consent of the Lodge the Trustees thereof have no right and are not authorized to expend or invest the funds of the Lodge.— 1902 Journal, 750, 903, 939. 3273. Bonds, stocks, mortgages, deeds, etc. — Inspection by members. Bonds, stocks, mortgages, deeds, etc., are placed in the custody and charge of the Trustees of the Lodge, to be held subject to the order^of the Lodge. When- ever ordered by the Lodge it is the duty of the Trustees to produce them for inspection, examination or other purposes. A member may inspect or examine such securities only as a matter of courtesy, and not as a right, unless he has an order or authorization from the Lodge. — 1901 Journal, 411, 551, 562. 3274. Interest on certificates of deposit, notes, etc. Under the provisions of Section 6, Article VII, Constitution of Sub- 808 Trustees of Subordinate Lodge. ordinate Lodges, the Trustees of a Lodge may deposit tb« interest on certificates of deposit, notes or other interest- bearing paper in their hands in a savings bank without the interest having first passed through the books of the Lodge. They must make a full report of their acts at the end of each term.— 1898 Journal, 12, 231, 277. 3275. Nomination and election same evening. The nomi- nation and election of Trustees at the same session of a Lodge is not regular, unless on the evening of election alt the previous nominees decline. — 1884 Journal, 18, 116, 153. 3276. Should elect only three Trustees. If a Lodge elect five Trustees, it is irregular, as the Constitution of Subordi- nates provides for but three. Under the circumstances of the case (five Trustees having been elected by the Lodge), the Lodge should proceed to elect three Trustees. The election should be held at the next regular meeting after the nomi- nation, as provided in Section 8, Article VI, Constitution of Subordinates; and in the meantime the Noble Grand may, if necessary, appoint Trustees pro tern. — 1884 Journal, 18. 116, 153. 3277. Vice-Grand, Recording Secretary and Trustee. A brother cannot legally hold the office of Trustee and Record- ing Secretary, or Trustee and Vice-Grand, of a Lodge at one and the same time.-^1883 Journal, 1002, 1150, 1175 ; 1886 Journal, 534, 620, 646 ; 1896 Journal, 408. 3278. Election by ballot or acclamation. A Lodge may elect Trustees by ballot, or by acclamation in cases where there is only one cancSdate for each office. It is not neces- sary that a member should have previously served in an appointed office to be eligible to the office of Trustee. — 1895 Journal, 20, 195, 238. 3279. Election and term. Every Lodge should elect a Board of Trustees, whose term of office shall be fixed by the By-Laws, and said Trustees must be elected in accordance with the provisions thereof. — 1896 Journal, 411, 581, 628. Uniforms. 809 3280. Resignation accepted — Reconsideration. The vote by which the resignation of a Trustee is accepted, cannot be reconsidered at a subsequent meeting. — 1904 Journal, 386, 541, 553. 3281. Finance Committee. A brother cannot hold the office of Trustee and be on the Finance Committee at the same time.— 1897 Journal, 841, 994, 1034. 3282. Cannot nominate and elect to fill vacancy the same evening. A Lodge cannot legally elect a Trustee to fill a vacancy on the same evening he is nominated, as it would be contrary to Section 8, Article VI, Constitution of Subor- dinates.— 1881 Journal 503, 601, 627. 3283. Nomination and election same evening. The nomi- nation and election of Trustees at the same session of a Lodge is not regular unless on the regular evening or session of election all the previous nominees decline. — 1884 Journal, 18, 16, 153. 3284. Election and term of office. At a regular meeting of the Lodge, three brothers were nominated for Trustees, each of whom declined, leaving no nominees. On the even- ing of election of officers, no nominations were made, but the three brothers who were nominated at previous meeting and had declined were elected. On the evening of installa- tion they refused to serve, or qualify, or resign on the ground that they were not legally elected, having declined the nom- ination. In such case, there being no candidates in nomina- tion for trustees none could be legally elected. The Trus- tees of the previous term hold until their successors are elected and qualified.— 1881 Journal, 499, 601, 627. UNIFORMS. Lodge street uniform. ITniform street dress to be worn by Subordinate Lodges when in public procession : 1. The style of hat or cap and dress shall be left to the jurisdiction of the individual Subordinate Lodges, provided that in each case strict uniformity shall be enjoined and observed. 810 Visitors and Visiting. 2. Plain white gloves only shall be worn. 3. A jewel collar two and one-half inches wide, uniting in a point in front, made of light blue Italian cloth or other material, except velvet, edged with silver lace or braid, one-fourth of an inch wide, and without embroidery of any kind whatever. A medal, to be suspended from the collar, of white metal, one and three-fourths inches in diameter, having on the obverse side, in raised work, the All-Seeing Eye, encircled with rays of light, and on the reverse, also in raised work, three links of the Order, surrounded by the legend, "In God We Trust. Friendship, Love and Truth." Officers and Past Officers may wear instead thereof or in addition thereto such jewel or jewels of the Order as they may be entitled to wear elsewhere in conformity with the existing regulations.— 1877 S. G. L. Journal, 7370, 7472 ; 1878 S. G. L. Journal, 7790; 1903 S. G. L. Journal, 294, 315. 3286. Uniforms optional. . The wearing of uniforms is purely a voluntary matter, and anything that would directly or indirectly compel members to procure them would be highly objectionable.— 1880 S. G. L. Journal, 8345, 8461. UNWRITTEN WORK. (See Work of the Order.) VISITATION. (See Districts; Honors of the Order.) VISITORS AND VISITING. 1. Right to visit, page 810. 2. Examination and introduction, page 816. 3. Introduction by Elective Grand Officers, page 818. 1. RIGHT TO VISIT. 3287. Visitors must have the proper password. A Noble Grand has no right to admit a visiting brother, or allow him to remain in the Lodge if present when open, unless he Visitors and Visiting. 811 be in possession of the proper password. — 1862 Journal, 259, 305, 320. Note. — The Noble Grand has no jurisdiction without the term pass- right to admit a member belong- word — (1852 S. G. L. Journal, ing to another Lodge in his State 1840, 1897, 1952). 3288. The same. Lodges cannot by a vote overrule the Noble Grand and admit a visiting brother who is not in pos- session of the proper password. — 1858 Journal, 390; 1860 Journal, 88. 3289. Visitors must have password in use by the Lodge. At the commencement of a new term, a brother cannot visit a sister Lodge unless he have the password in use by the Lodge he desires to visit. — 1857 Journal, 272 ; 1862 Journal, 304, 305. Note. — After installation of Lodge has not yet arrived, and oflBcers and the receipt of the new the visitor, consequently, was not password, the Noble Grand can- entitled to the new password — not admit a member of another (1872 S. G. L. Journal, 5502, Lodge on the old password, al- 5545; 1873 S. G. L. Journal, 5796, though the time for the installa- 5828). tion of the oflScers of the visitor's 3290. When old term word may be given. If the officers of a Subordinate Lodge at the commencement of a regular term have not the password of the new term, the Lodge can permit members of another Lodge of the same jurisdic- tion whose officers have been installed and have received the new term password to visit it, but the old term word must be given by the visiting brother. — 1860 Journal, 84, 86. 3291. Visitors from other jurisdictions must have Annual Traveling Password. An imperative test prescribed by the Sovereign Grand Lodge for the admission of a visiting brother from a foreign jurisdiction is that he shall have the Annual Traveling Password. — 1858 Journal, 88. Note. — No brother can be ad- of the proper officers and seal of mitted to visit a Lodge out of the the Lodge of which he is a mem- State, district or territory where l)er, and signed on the margin in he resides, unless he present a card his own proper handwriting, or as furnished under the signature an official certificate, as required 812 Visitors and Visiting. by law, and prove himself in the 6612, 6690; 1896 S. G. L. Journal, Annual Traveling Password, and 14953, 15067; and 1897 S. G. L. in the degree in which the Lodge Journal, 15165, 15174, 15534, is open— (1875 S. G. L. Journal, 15584, 15613). 3292. When Noble Grand cannot admit such visitor. It is not proper for the Noble Grand to admit a brother of another jurisdiction who has a Traveling Card and not the Annual Traveling Password, or the Annual Traveling Pass- word and not the Traveling Card or the official certificate in date.— 1857 Journal, 254; 1896 S. G. L. Journal, 14953, 15067 ; and 1897 Journal, 15562, 15616. 3293. Card and Annual Traveling Password necessary. A brother of this jurisdiction must have the official certifi- cate or the Visiting Card to visit in any other jurisdiction, as he cannot visit on the Annual Traveling Password alone. —1898 Journal, 58, 220, 240. 3294. Visiting Card and official certificates as orders for passwords. As to when a Visiting Card or official certifi- cate is an order for passwords and as to a brother holding such card or official certificate obtaining passwords from the Noble Grand of another Lodge, see Passwords. 3295. A brother cannot visit after expiration of card. A brother cannot be permitted to visit a Lodge after his card has expired, though he may still have the Annual Trav- eling Password which accompanied the card, and visited the Lodge as long as the card was in date. — 1857 Journal, 262. Note. — In case of a brother who invalid for the purpose of visiting has honorably withdrawn by card — (1852 S. G. L. Journal, 1921, from his Lodge, and has remained 1956; 1868 S. G. L. Journal, 4386, out of the Order for a period of 4417). twelve months, his card becomes 3296. When visiting brothers must be admitted. A Lodge cannot exercise any discretion as to the admission of visiting brothers in good standing, or holding cards in date with the accompanying Annual Traveling Password. Bro- thers in possession of proper cards, and who prove themselves according to established rules and regulations, are entitled Visitors and Visiting. 813 to admission into Lodges of any State or Territory. Journal 208, 215, 218, 281, 291 ; 1858 Journal, 346. -1857 XoTE. — A Lodge has no right to refuse, admission to one who has a regular card, on the ground that he was improperly or illegally ini- tiated, or because he is an im- proper person. One having proper credentials and proving himself in the work should be received as a visiting brother, and his conduct, if improper, be reported to the Lodge granting the card — (1851 S. G. L. Journal, 1723, 1797; 1852 S. G. L. Journal, 1885, 1948; 1857 S. G. L. Journal, 2759, 2783, 2787, 2818; 1876 S. G. L. Journal, 6987, 7055). But Indians are utterly excluded from membership, and although an Indian have been reg- ularly initiated, present a regular card, have the password, and pass an examination, he cannot law- fully be permitted to visit a Lodge — (1877 S. G. L. Journal, 6752, 6977, 7051 ) . No Lodge has a right to refuse admittance to a brother who has a regular Visiting Card, and is correct, etc., for the simple reason that his presence is obnox- ious to the Lodge— (1886 S. G. L. Journal, 10252, 10413, 10487, 10511). 3297. Supposed unworthy member. A Subordinate Lodge has not the right, and it is not proper, to request a member of the Order in good standing to refrain from visiting the Lodge, it appearing to the Lodge that the brother is not a worthy member. The course for a Lodge or a member to pursue in such a case is to prefer charges against the sup- posed unworthy member. — Sacramento Lodge vs. Kendall, 1857 Journal, 281. 3298. Brother of this jurisdiction holding Withdrawal Card. A brother of this jurisdiction holding a Withdrawal Card must visit on the card and give the Annual Traveling Password.— 1877 Journal, 581, 675, 697. 3299. Withdrawal Card and password. A brother hold- ing a Withdrawal Card is entitled to the Annual Traveling Password in use at the time the card was granted, and retains the right to visit on that word for one year, and cannot visit on any other word. — 1857 Journal, 249, 273 ; 1860 Jour- nal, 10, 86; 1861 Journal, 127, 177; 1895 Journal, 23, 195, 196, 236. 3300. The same. A brother granted a Withdrawal Card October 28th, 1893, is entitled to the password which was in 814 Visitors and Visiting. force on the date at which he was g:ranted the card. He can visit on that password until the expiration of his card. He is not entitled to the password for 1894, and cannot visit on it.— 1895 Journal, 23, 195, 196, 236. 3301. Visitor who cannot write his name. A Lodge should admit a visiting brother in possession of a Visiting Card who cannot write his name on the margin of his card, if he can prove his identity in any other manner satisfactory to the Lodge.— 1869 Journal, 112, 117. 3302. Member of suspended or expelled Lodge. A mem- ber of a suspended or expelled Lodge has not the right to visit on an unexpired Visiting Card granted prior to such suspension or expulsion. He is thereby suspended from his privileges and cannot visit a Lodge. — 1848-1849 S. G. L. Journal, 1148, 1291, 1316-1470, 1484. 3303. Brother of this jurisdiction holding Visiting Card. A brother holding an unexpired Visiting Card from a Lodge in this jurisdiction should use the Semi-Annual Password in visiting Lodges therein; but if without the Semi-Annual Password, he may visit upon his card and the Annual Travel- ing Password.— 1862 Journal, 290; 1869 Journal, 49, 50; 1895 S. G. L. Journal, 14249, 14487, 14570; 1896 S. G. L. Journal, 14683, 14948, 15019. 3304. Visiting Card — Oflacial Certificate — ^Password. A Noble Grand should give to a brother with a Visiting Card or official certificate, the Annual Traveling Password cur- rent at the time of presentation, provided the card or certifi- cate, as the case may be, covers a period which extends to a later date.— 1901 S. G. L. Journal, 28, 401, 416. 3305. Dues in advance on official certificate. A brother must pay his dues in advance, the same as on a Visiting Card, in order to visit on the official certificate. — 1897 S. G. L. Journal, 15165, 15534, 15584, 15613. 3306. Expired official certificate. A brother cannot visit on an expired Official Certificate. — 1897 S. G. L. Jour- nal, 15174, 15534, 15584, 15613. The holder of an official Visitors and Visiting. 815 certificate cannot visit thereon after the date to which the same shows his dues to be paid. — 1901 S. G. L. Journal, 28, 360, 371, 372; 1904 S. G. L. Journal, 533, 752, 820. 3307. Official certificate and Semi-Annual Password. A brother who is in possession of an official certificate and the Annual Traveling Password, can visit a Lodge within the jurisdiction containing his own Lodge, he being without the password of the current term. — 1879 S. G. L. Journal, 15174, 15534, 15584, 15613 ; 1905 S. G. L. Journal, 39, 40, 219, 243, If he has the Semi-Annual Password he can visit without the official certificate.— 1898 S. G. L. Journal, 15744, 16030, 16054. (See Sections 2492, 2493, 2494.) 3308. Duty to examine holder of official certificate — Password. An official certificate does not of itself permit visitation. It is the duty of a Lodge to which such certifi- cate is presented to cause the brother's identity to be proven by an examination or otherwise. — 1899 S. G. L. Journal, 24, 365, 394. 3309. When brother may visit Grand Lodge. A brother who has filled the chair of Noble Grand for one term, but who has never filled the chair of Vice-Grand, is entitled to visit the Grand Lodge.— 1888 Journal, 1021, 1111, 1130. 3310. The same. A brother, after leaving the chair of the Noble Grand, does not have to fill the chair of Past Grand one full term before being entitled to visit the Grand Lodge.— 1888 Journal, 1021, 1111, 1130. 3311. Visitors to Sovereign Grand Lodge. A visitor to the Sovereign Grand Lodge must be a Past Grand in good standing in his Lodge, Encampment and Rebekah Lodge, who has received the Grand Lodge Degree and the Royal Purple Degree. Such a visitor is admitted to the Sovereign (rrand Lodge upon the voucher of a Grand Representative from his jurisdiction.— 1889 Journal, 34, 122, 163; 1871 S. G. L. Journal, 4993, 5185, 5222; 1899 S. G. L. Journal, 42, 390, 398 ; Constitution S. G. Lodge, Art. IX, Sec. 3. 816 Visitors and Visiting. 3312. Disorderly visitor. Subordinate Bodies by exist- ing regulations possess an inherent right to protect them- selves from disorder, the want of decorum and violations of the ordinary proprieties of life, and where a visitor is so disorderly the Lodge may refuse him admission or eject him from the meeting, although such visitor is in posses- sion of the proper card and has proved himself, according to established regulations, entitled to admission into Lodges and Encampments of any jurisdiction. — 1857 S. G. L. Jour- nal, 2730, 2787, 2818. 3313. Withdrawal Card — Saloon-keeper — Bartender. A Lodge should not grant a Withdrawal Card to a member when it has knowledge that he has violated the law by engaging in the business of a saloon-keeper or bartender, but should prefer charges.— 1903 S. G. L, Journal, 20, 284, 314. A brother who was a saloon-keeper or barkeeper when the amendment to Section 5, Article XVI, Constitution of Sovereign Grand Lodge, went into effect (September 18, 1895) and has pursued the occupation ever since and takes a Withdrawal Card is entitled to the Annual Traveling Pass- word and may visit upon it one year, though he continue the business.— 1896 S. G. L. Journal, 14681, 14687, 14948, 15019 ; 1897 S. G. L. Journal, 15157, 15534, 15584, 15613. 3314. How a Lodge may visit. A Lodge with its officers can in a body visit another Lodge outside of its own juris- diction without cards or the Annual Traveling Password, but it is necessary that one of their first two officers in charge must be in possession of the Annual Traveling Password, and have his card. Such officer may introduce them in the man- ner provided for the introduction of visitors by the elective Grand Officers.— 1875 S. G. L. Journal, 6350, 6619, 6692; 1857-1858-1859 S. G. L. Journal, 2792, 2828, 2990, 4467, 4598, 4614. (See Passwords.) 2. EXAMINATION AND INTRODUCTION. 3315. Visiting brothers from other jurisdictions, how admitted. In the appointment of a committee to examine a Visitors and Visiting. 817 visiting brother, it is necessary to appoint as a member of that committee, either the Vice-Grand or sitting Past Grand, in possession of the Annual Traveling Password, or the Noble Grand must himself act as a member of the committee. The Noble Grand has no authority to communicate the Annual Traveling Password to a Past Grand for the purpose of en- abling him to make the necessary examination. Where the Vice-Grand and the sitting Past Grand are both absent, the Noble Grand shall act as a member of the Examining Com- mittee.— 1884 Journal, 20, 116, 153. Note. — When a visiting brother whose especial duty it shall be, p^rst, to obtain the said Annual Traveling Password privately from the visitor, whose duty it shall be to commence by letters. This preliminary being settled, the committee will then examine the visitor in the degree in which the Lodge is open— (1844 S. G. L. Journal, 690; 1869 S. G. L. Jour- nal, 4467, 4626, 4671) . If he shall prove himself entitled to admis- sion he shall be introduced to the Lodge by the Examining Commit- tee— (1846 S. G. L. Journal, 912), and not work his way in — (1847 S. G. L. Journal, 1086, 1114). presents himself at the door he should hand his card to the Guard- ian, that it may be placed in pos- session of the Lodge. If the Lodge be satisfied of its authen- ticity, it will thereupon appoint a committee of three members, all of whom must have received the Scarlet Degree, to proceed to the ante-room and examine the visit- ing brother. One member of this committee must be the Noble Grand, or his Vice, or sitting Past Grand, or some other brother known to be in possession of the Annual Traveling Password, 3316. Revisiting by card — Opening of Lodge. After a visiting brother has been examined and introduced into a Lodge no further examination of the brother upon the same card shall be necessary in the same Lodge, but he may be received into the Lodge at the opening and through the whole session, provided that the presiding officer, upon inspection, shall find the card in date at the time of said visit, and the Lodge shall be satisfied that the brother has before that time been regularly examined and admitted to its session on some former occasion on the same card. — 1874 S. G. L. Journal, 6266, 6267, 6324; 1858 S. G. L. Journal, 2923, 2990. 3317. Right to examine visitor every visit. It is the right of a Lodge to examine a visiting brother every night 52 818 Visitors and Visiting. he may present himself for admission, and when examined he must be introduced by the committee. — 1857 Journal, 250 ; 1859 Journal, 473 ; 1856 S. G. L. Journal, 2561, 2629, 2664. 3318. No examination in password of Grand Lodge Degree. A committee appointed to examine a visiting brother who announces himself as a Past Grand has no right, and it is not its duty, to examine the brother in the password of the Grand Lodge Degree. — 1875 Journal, 301, 300. 3319. Examination in the work. The committee has the right to examine a visiting brother in the address to the chair and in everything up to the highest degree of the Subordinate Lodge to which he has attained. — 1895 S. G. L. Journal, 14248, 14487, 14570. 3320. Test obligation no part of examination. A test obligation is no part of the mode of examining visitors pre- scribed by the Sovereign Grand Lodge, and a Subordinate Lodge introducing such a requirement would be deserving of censure.— 1847 S. G. L. Journal, 1070, 1074. 3. INTRODUCTION BY ELECTIVE GRAND OFFICERS. 3321. Elective OflBcers of the Grand Lodge and Grand Representatives. An elective Grand Officer of the Grand Lodge and a Grand Representative of either branch of the Order have the right to introduce into Subordinate Lodges of his own jurisdiction, brothers of another jurisdiction or brothers holding unexpired Withdrawal Cards without the Annual Traveling Password.— 1857 Journal, 267 ; 1864 Jour- nal, 504; 1888-1895 S. G. L. Journal, 11103, 11368, 11396, 14249, 14525, 14570; By-Law XIV, Sovereign Grand Lodge. Note. — A brother out of the ju- such cases the presiding officer risdiction or State where his shall be satisfied that the brother Lodge is located, may always visit, introducing such visitor is a if introduced by a Grand Repre- Grand Representative or elective sentative or any elective officer of officer of the Grand Lodge of the the 'Grand Lodge or Grand En- jurisdiction to which his Lodge or campment within whose jurisdic- Encampment belongs — (1875-1882- tion he wishes to visit. In all 1895 S. G. L. Journal, 6612, 6690, Visitors and Visiting. 819 9028, 9102, 14249, 14525, 14570). to be given to the visiting brother A Grand Master, when introduc- unless he also be entitled thereto. ing a visiting brother, enters the A Grand Representative has no Lodge in his official capacity. He right to introduce visitors to a announces himself as Grand Mas- Subordinate Encampment whom ter with a visiting brother, and is he knows are not members of the entitled to be received with the patriarchal branch of the Order — Honors of the Order, and must be (1887 S. G. L. Journal, 10716, so received. The honors are not 10951, 10952, 11005). 3322. Right of Grand Representative to introduce visi- tors. A Grand Representative's right to introduce visitors is confined to his own jurisdiction ; he has, therefore, not the right to introduce any brother into any Subordinate out of his own jurisdiction under any circumstances. — 1889 Jour- nal, 73. 3323. Cannot introduce members of their own jurisdic- tion. Grand Officers and Grand Representatives are not authorized to introduce members of their own Grand juris- diction — only members of other jurisdictions. The only authority for such introduction is given by Article XIV of the By-Laws of the Sovereign Grand Lodge. — 1895 S. G. L. Journal, 14249, 14525, 14570. 3324. Expired Withdrawal Card. An elective officer of the Grand Lodge cannot legally introduce into a Lodge a brother holding an expired Withdrawal Card. — 1871 S. G. L. Journal, 4993, 5185, 5222. 3325. Powers of elective Grand Officers cannot be dele- gated. The Grand Master, or other elective Grand Officer, has no power to grant a dispensation to admit as a visitor an Ancient Odd Fellow or any other brother. They cannot delegate the power in them in regard to the introduction of visitors. It must be done in person by said officer upon each and every occasion such brother visits the Lodge, and the Recording Secretary should note the same upon the record. —1857 Journal, 285, 286. 3326. Grand Representative's right. A Lodge has no right to require a Grand Representative or elective Grand Officer to show them the law or to require him to inform 820 Visiting Committee. the Lodge how he had convinced himself that the brother he intended to introduce, was in good standing and that their only right was to be convinced that the brother intro- ducing was a Grand Representative or elective Grand Officer of the same jurisdiction as the Lodge. — 1902 S. G. L.. Jour- nal, 532, 978, 1002. 3327. Visitor to Grand Lodge or Subordinate Lodge. A Grand Representative from a Grand Encampment or Grand Lodge may introduce a brother in a Grand or Subordinate Lodge.— 1901 S. G. L. Journal, 48, 360, 371, 372. 3328. District Deputy Grand Master cannot introduce visitor. A District Deputy Grand Master has no right to introduce any brother into a Lodge as a visitor. — 1858 S. G. L. Journal, 2859, 2925, 2963. (See Honors of the Order; Cards; Official Certificates; Passwords; Recess.) VISITING CARDS. (See Cards.) VISITING COMMITTEE. 3329. Objects of. There are two objects to be attained in having a Visiting Committee in the Lodge: First, that the sick brother shall be properly cared for; second, that the Lodge may be kept constantly advised of his actual condi- tion.— 1889 Journal, 28, 29, 122, 163. 3330. Duty of sick brothers in certain cases. Those who are on the sick list and are able to lighten the labors of the committee should do so by calling on them at convenient times. The Noble Grand should request the sick brother to call on the members of the committee as often as he is in town, and in that way they may be entirely relieved of the necessity of visiting him at his home. — 1889 Journal, 29, 122, 163. 3331. Duty of committee and sick brothers. The Visiting Committee is compelled to visit a brother as long as he is on the sick list, provided the brother be too sick to call on Vouching— Widow. 821 members of the committee. If he be able to call on them he should do so, and thus lighten their labors. — 1890 Journal, 316, 407, 417, 436. (See Benefits.) VOTE AND VOTING. (See Ballot and Voting.) VOUCHING. 3332. Vouching for brothers is illegal. It is not legal nor proper to vouch for a brother who has not the password or a card. Vouching for brothers to obtain admission as visitors is contrary to all law and usage. — 1857 Journal, 254, 272. 3333. Expired Visiting Card and vouching. A brother cannot visit a Lodge in another jurisdiction than that to which his Lodge belongs, after his Visiting Card has expired ; nor can he be vouched for. — 1896 Journal, 408, 588, 629. 3334. A brother's standing. There is no such thing in Odd Fellowship as vouching for a brother's standing. — 1902 S. G. L. Journal, 529, 978, 1002. (See Section 3311.) WATCHERS AND WATCHING WITH THE SICK. (See Nurses and Watchers.) WIDOW. 3335. Married and divorced. The widow of an Odd Fel- low who marries and is divorced from her second husband is not thereby restored to widowhood. — 1896 Journal, 410, 581, 629. 3336. Money and donation. A Lodge is not obliged to pay the widow of one of its members any money except the By-Laws so provide. It may, however, make such donation as in its discretion may be expedient. — 1896 Journal, 410, 588, 629. (See Benefits; Orphans; Cards.) 822 Work of the Order. WITHDRAWAL CARDS. (See Cards.) WITNESSES. ' (See Trials; Benefits.) WORK OF THE ORDER. 3337. Grand Master. He shall give such instructions, from time to time, in the work of the Order, to the Deputies or to the Lodges, as may be necessary. — Constitution Grand Lodge, Art. IV, Sec. 1. (See Section 2194.) 3338. District Deputy Grand Master. He shall see that the work of the Order is performed uniformly. — Constitu- tion Grand Lodge, Art. IV, Sec. 7. 3339. Grand Representatives must not instruct in, when. Grand Representatives to the Sovereign Grand Lodge have no right, and are forbidden, to instruct in the secret work of the Order, or decisions of the Sovereign Grand Lodge, any Subordinate Lodge or person, except the "Grand Master, before they report thereon to the Grand Lodge. — 1858 Jour- nal, 383. Note. — To the Sovereign Grand power to provide and establish Lodge belongs the power to regu- suitable lectures and other written late and control the unwritten work therefor — (S. G. L. Consti- work of the Order, and also the tution, Art. I, Sec 5). 3340. Who may instruct in. The Grand Master, his Deputy, and the Noble Grand are the only ones having authority to impart instruction in the secret work of the Order in a Subordinate Lodge. Representatives to the Grand Lodge have no such authority. — 1860 Journal, 50. 3341. Duty of installing officers. Installing officers should impress upon the minds of those officers holding in custody the secret work of our Order the great importance of such trust, and the binding nature of their obligations in the premises, and the penalty attached to their violation. — 1870 Journal, 280, 296. I Work of the Order. 823 3342. Must not be written. It is wrong for a Lodge or Noble Grand to require or request of a brother, when taking the Third or any other degree, that he shall write the pass- word or any of the secret work. — 1872 Journal, 574, 665, 684. 3343. Must not have or use a written key. Any brother who has or uses a written key to the unwritten work of the Order is subject to expulsion.— 1887 Journal, 770, 875, 888. 3344. Cipher key — Initiatory member. Cipher key can- not be sold to an Odd Fellow who has only received the Ini- tiatory Degree.— 1905 S. G. L. Journal, 20, 219, 243. 3345. Cipher keys and Grand Secretaries. Grand Secre- taries can sell cipher keys to Secretaries of Subordinate Lodges upon the Lodge's order. — 1905 S. G. L. Journal, 20, 219, 243. 3346. Cipher keys and Secretary of Subordinate Lodge. The Secretary of a Subordinate Lodge can sell cipher keys to members of his own Lodge, but to Third Degree members only.— 1905 S. G. L. Journal, 20, 219, 243. 3347. Who can have a cipher key. No Odd Fellow ex- cept one who has obtained the Third Degree can buy or have a cipher key.— 1905 S. G. L. Journal, 20, 219, 243. 3348. Grand Secretary and cipher keys. He must sell cipher keys to Secretaries of Subordinate Lodges only. He cannot sell them to Odd Fellows in good standing. — 1905 S. G. L. Journal, 20, 242, 266. 3349. A brother cannot sell or give away a cipher key. It is a violation of law for a brother who has but one of these cipher keys to sell to another brother or to give it to another brother.— 1905 S. G. L. Journal, 20, 242, 262. 3350. Instructor in the work and the cipher key. Where the laws of a Grand Lodge require that a brother shall be proficient in the degree previously taken before he can ad- vance to the next degree, and it is the custom that a brother be designated by the Noble Grand of the Lodge to instruct 824 Work of the Order. a brother in the work, the instructor would violate the law if he should leave his key in the possession of the brother endeavoring to memorize the work and in his control, apart from the presence of the instructor. If, however, in the pro- cess of instruction it is simply handed to the brother by the instructor temporarily, and the brother's examination con- fined to the work of memorizing the work of the degree he has received, it would be legal. The instructor would violate the law if he should give this key to the brother and permit him to have it in his possession and away from the instructor. 1905 S. G. L. Journal, 21, 219, 243. 3351. Obligations, who can administer. Only a Noble Grand, Vice-Grand or Past Vice-Grand can administer obli- gations.— 1891 Journal, 586, 690, 716. Note. — The obligation to a can- staff are to be governed by the didate must be administered by a question of fitness" it means fit- Vice-Grand or Past Vice-Grand. ness within the limitations of law Where the instructions in floor — (1893 S. G. L. Journal, 13256, work say that "positions on a 13548, 13671). 3352. Memorizing obligations. The question whether the obligations should be memorized or read from the Ritual should, in the absence of local State legislation, be left to the Subordinate Lodges as the best judges of the manner by which their officers can most impressively render the work. —1891 Journal, 12644, 12703. 3353. Obligations must be administered letter prefect. With the Subordinate Lodge rests the decision of the question as to whether the obligations to candicjates shall be delivered from memory or be read from the Ritual, the Sovereign Grand Lodge having decided that each Lodge is the best judge as to how its officers can best administer the obligations. In either case, of course, they must be admin- istered letter perfect. — 1895 Journal, 20, 185, 235. 3354. Cannot omit or add to any part. It is not legal to omit any part of the work of the initiatory, or any of the other degrees. No one has any right to add to or take from Work of the Order. 825 the work, as laid down in the Ritual, except the Sovereign Grand Lodge.— 1895 Journal, 18, 185, 235. Note. — All Grand Lodges shall enforce upon their Subordinates a strict adhertnce to the wbrTc of the Order, according to the forms fur- nished by the Sovereign Grand Lodge, I. O. O. F., and are held responsible for any irregularities that they may allow — (By-Laws S. G. L., Art. XXll). 3355. How it must be studied. It is not lawful for the Noble Grand, or any member of the Order, to study the un- written work of a Subordinate Lodge from a book which is not furnished by the Grand Lodge. The penalty for the violation of this law is expulsion. — 1890 Journal, 315, 316, 407, 417, 436. 3356. Alleged secret work It is a gross violation of law for a Lodge to use or have in its possession any work pur- porting to be the secret work of Odd Fellowship, except that is.sued by the Sovereign Grand Lodge. — 1896 S. G. L. Jour- nal, 14683, 14948, 15019. 3357. The unwritten work. The Sovereign Grand Lodge now prints the unwritten work, with illustrations, and sells copies thereof to Grand Lodges. — 1904 S. G. L. Journal, 835, 877; 1903 S. G. L. Journal, 292, 293, 315; Busbee's Digest, Sections 2224, 2254. 3358. Paraphernalia. The paraphernalia used in the secret work cannot be worn by the ofificers on the occasion of a public anniversary of a Lodge. — 1896 S. G. L. Journal, 14683, 14948, 15019. 3359. Rehearsal. It is a violation of law to rehearse any degree or secret work in the Lodge-room, except the author- ized work prepared by the Sovereign Grand Lodge. — 1896 S. G. L. Journal, 14683, 14948, 15019. 3360. Devices to make ridiculous. Any member of the Order who shall introduce, sell or offer to introduce, or sell to any Subordinate Lodge, Rebekah Lodge, Encampment or Canton of Patriarchs Militant, any device which in its char- acter is calculated to make ridiculous the sublime lessons 826 Work of the Order. taught by the several degrees of the Order, shall be guilty of an offense against the Order, and on conviction thereof shall be expelled.— 1897 S. G. L. Journal, 15641. 3361. Costumes. The costumes used in conferring Lodge degrees form part of the paraphernalia belonging to the secret work and it is improper to make a public display of them.— 1890 S. G. L. Journal, 11892, 12217, 12281. 3362. Photographs. Neither a Subordinate Body nor a member is allowed to manufacture or sell photographs of scenes in the Dramatic Work, nor groups of Ritualistic char- acters.— 1890-94 S. G. L. Journal, 11893, 12217, 12281, 14171. 3363. Floor work. A Subordinate Lodge may use any form of floor work it prefers, provided it conforms in all respects to the Ritual. The forms authorized by the Sover- eign Grand Lodge are only guides, and are not obligatory. But if a Lodge uses any other form than that provided by the Sovereign Grand Lodge it is not proper to print and publish the same, as it must of necessity contain reference to the Ritual and ceremonies of the Order, which can only be printed or published by authority of the Sovereign Grand Lodge.— 1892 S. G. L. Journal, 12797, 13050, 13076; 1895 S. G. L. Journal, 14247, 14487, 14570. 3364. Copies of floor work must be kept by Lodge. A Lodge may procure as many copies of the authorized floor work as it requires, but they should be retained in the cus- tody of the Lodge for the use of its officers. They are not to be sold to or held by individual members as personal property.- 1892 S. G. L. Journal, 12797, 13050, 13076. 3365. Conflict between floor work and Ritual or law. When there appears a conflict between the Subordinate Lodge Ritual and the so-called Subordinate Lodge floor work, the instructions laid down in the Ritual must be ad- hered to.— 1893 Journal, 276, 391, 421. Note.— In any conflict between (1893 S. G. L. Journal, 13256, the "floor work" and Ritual or 13548, 13671; 1895 S. G. L. Jour- law, the latter must" govern— nal, 14247, 14487, 14570). .^^■j^gfj. Mtatrg Work of the Order. 827 3366. Ritual and law. The Ritual of 1896 takes prece- dence over a constitutional or statutory law in all matters purely Ritualistic, such as opening and closing Lodges, con- ferring degrees, 372. etc.— 1901 S. G. L. Journal, 33, 360, 371, 3367. Secret work and holder of Dismissal Certificate. No officer of the Order is authorized to give the secret work to a person holding a Dismissal Certificate. — 1900 S. G. L. Journal, 515, 827, 873. (See Rituals; Charges and Lectures; Rebekah Branch.) 828 Rebekah Branch. REBEKAH BRANCH 1. Rebekah Degree Code as amended 1905, page 828. 2. Laws and Decisions, page 841. (For Index to Rebekah Degree Code, Laws and Decisions, Constitution of Rebekah Assembly and Constitution of Re- bekah Lodges, see Rebekah Branch in the Index to this Digest.) 1. REBEKAH DEGREE CODE. 3368. Rebekah Degree Code as amended 1905. The fol- lowing is the Code for the government of Rebekah Lodges. It was revised and adopted by the Sovereign Grand Lodge in September, 1900, and amended in 1902 and 1903: Objects and purposes. The objects and purposes of Re- bekah Lodges are declared to be : First. To visit and care for the sick; to relieve the dis- tressed; to bury the dead, and in every way to assist their own members, and to assist Subordinate and sister Rebekah Lodges in kindly ministrations to the families of Odd Fel- lows when in trouble, sickness or want. Second. To aid in the establishment and maintenance of Homes for aged and indigent Odd Fellows and their wives and for the widows of deceased Odd Fellows, and Homes for the care, education and support of orphans of deceased Odd Fellows and of deceased sisters of the Re- bekah Degree. Third. To cultivate and extend the social fraternal rela- tions of life among Lodges and the families of Odd Fellows. Sovereign Grand Lodge supreme. Section 1. To the Sov- ereign Grand Lodge belongs the power to regulate and con- trol the Unwritten Work of the Order, and to fix and determine the customs and usages in regard to all things ^ Rebekah Branch. 829 which appertain thereto. And to it alone belongs the power to provide and establish suitable lectures and other written work therefor. The above provision shall apply with full force and effect to the Degree of Rebekah. Institution of Lodges. Section 2. The Grand Lodges subordinate to the Sovereign Grand Lodge are hereby authorized and empowered to institute Rebekah Lodges at such places as they may deem proper within their territorial limits. Section 3. A Grand Master, any Past Grand or Past Noble Grand, who is in good standing in a Rebekah Lodge, and being thereunto first duly appointed by the Grand Mas- ter, may serve as the instituting officer of a new Lodge. Section 4. The Grand Sire may institute, or cause to be instituted, Rebekah Lodges in any country. State or Terri- tory under the immediate jurisdiction of the Sovereign Grand Lodge. Section 5. Rebekah Lodges shall not be chartered by the name of any living person. Membership. Section 6. The persons herein specified shall be eligible to membership in a Rebekah Lodge of this Order, subject to the laws relative to residence of the Sover- eign Grand Lodge and of the Grand Lodge of the jurisdiction in which application is made; and conditioned further that all female applicants shall be white women, who have at- tained the age of eighteen years (except that the said age limit shall not apply to applicants who are the wives of Odd Fellows), who believe in a Supreme, Intelligent Creator and Ruler of the Universe, and who are of good moral character : 1. All persons who have received the Rebekah Degree. 2. All Odd Fellows in good standing, their wives, daugh- ters, sisters and mothers. Also the daughters, sisters and mothers of deceased Odd Fellows who at the time of their death were members of our Order. 830 Rebekah Branch. 3. All unmarried white women. — 1903 S. G. L. Journal, 427, 428, 397. Initiation. Section 7. In initiating a candidate into a Rebekah Lodge, the work prescribed by the Ritual fur- nished by the Sovereign Grand Lodge must be adhered to, and no person except a member of a Rebekah Lodge shall witness such work. Equal rights. Section 8. A sister in a Rebekah Lodge shall not lose her membership by the operation of any rule not alike applicable to brothers. Rebekah Degree. Section 9. Rebekah Lodges shall con- fer the degree on those persons only who apply for member- ship therein. A person elected to membership in a Rebekah Lodge must receive the degree in the Lodge in which such person was elected. The right and duty of conferring this degree cannot be transferred to another and different Lodge. Brothers* membership. Section 10. In the case of brothers, membership in a Rebekah Lodge is dependent on continu- ous good standing in a Subordinate Lodge, except that if a brother shall take a Withdrawal Card from the Subordinate Lodge of which he may be a member, his membership in his Rebekah Lodge shall not be affected thereby for one year from the date of said Withdrawal Lodge, if during that time he shall keep his dues paid up in the Rebekah Lodge; and if he shall, during said year, become a member of another Lodge, by deposit of said card, his membership in the Re- bekah Lodge shall not be affected by the taking of the card. Notice. Section 10a. It shall be the duty of the Record- ing Secretary of each Rebekah Lodge to furnish to the Recording Secretary of each Subordinate Lodge to which any member of such Rebekah Lodge belongs, a list of the members of said Subordinate Lodge, who are also members of said Rebekah Lodge, and thereafter to notify the Re- cording Secretary of the proper Subordinate Lodge when any brother shall become a member of said Rebekah Lodge ; J Rebekah Branch. 831 and it shall be the duty of the Recording Secretary of each Subordinate Lodge thus notified that a member or members of his Lodge are members of such Rebekah Lodge, to inform the Recording Secretary of said Rebekah Lodge, without unnecessary delay, of the withdrawal by card, dropping, suspension or reinstatement of such member. Officers. Section 11. The officers of a Rebekah Lodge shall be a Noble Grand, a Vice-Grand, a Recording Secre- tary, a Financial Secretary (when all the secretarial duti^ of a Lodge shall be performed by one officer, then the title of such officer shall be Secretary) and a Treasurer, who shall be elected by the Lodge; a Warden, a Conductor, an Inside Guardian, an Outside Guardian, Right and Left Sup- porters to the Noble Grand, and a Chaplain, who shall be appointed by the Noble Grand, and the Right and Left Supporters to the Vice-Grand, who shall be appointed by the Vice-Grand. Eligibility to office. Section 12. Any member, in good standing, of a Rebekah Lodge is eligible to election or ap- pointment to any office in such Lodge, except to the offices of Noble Grand and Vice-Grand. To be eligible to the office of Vice-Grand a member must have served a term in some elective or appointive office in a Rebekah Lodge other than Trustee, and to be eligible to the office of Noble Grand a member must have served a term in the office of Vice-Grand in a Rebekah Lodge. But any member, in good standing, may be elected as the first Noble Grand or Vice-Grand of a new or revived Lodge, or to fill a vacancy occurring during the first term (called a special term) of such new or revived Lodge. And in case of a vacancy in the office of Noble Grand or Vice-Grand of a Rebekah Lodge, if all qualified members refuse to accept such vacant office, the Lodge may elect any member thereto, provided that a dispensation for the purpose be obtained from the proper authority in the jurisdiction to which the Lodge belongs before any such officer 80 elected can be installed or can act as such officer. All terms of office shall be for six months or one year, as prescribed by the Grand Lodge of the jurisdiction, which 832 Rebekah Branch. Grand Lodge may provide a longer term for Recording Secretaries, Financial Secretaries and Treasurers than for other officers. Service in office and honors. Section 13. Officers must serve a majority of the meetings held in a term and to the end of the term in order to be entitled to the honors of the office. Officers elected or appointed to fill vacancies, and serving to the end of the term, shall be entitled to the honors of the office. Powers and privileges. Section 14. Rebekah Lodges insti- tuted in conformity with the foregoing sections shall pos- sess the power and enjoy the privileges following, subject to the rules, usages and general regulations of the Order applicable thereto, and to the provisions of constitutional and other laws enacted for their government by the Grand Body to which they are subordinate. To confer the degree. Section 15. To confer the Rebekah Degree on properly qualified applicants, as hereinbefore specified. Election and appointment of officers. Section 16. To elect and appoint their own officers, in the manner pre- scribed by the Grand Bodies to which they are, respectively, subordinate, and by their own By-Laws. Service in office in a Subordinate Lodge shall not be a qualification for office in a Rebekah Lodge, and a past officer in a Subordinate Lodge shall not be entitled, by reason thereof, to any special privilege in a Rebekah Lodge, other than wearing the collar of the highest rank attained. Fees and dues. Section 17. To fix and establish initia- tion fees and dues, to be paid at such time and in such manner as the Constitution or By-Laws may provide, and to suspend from the rights and privileges of membership those in arrears for one year's dues. Payments and disbursements. Section 18. To pay and disburse the funds of the Lodge as a majority of the mem- bers present shall, by vote, determine, for any of the de- ■Rebekah Branch. 833 clared purposes of this degree, as set forth in subdivisions first, second and third, under the head of "Objects and Purposes. ' ' By-Laws and Rules or Order. Section 19. To establish such By-Laws and Rules of Order not inconsistent herewith, or with the rules, usages and general regulations of the Order, as they may deem proper, subject, however, to the approval of the Grand Body to which they are subordinate. Meetings. Section 20. Lodges shall hold regular and special meetings, as provided by their By-Laws. A Grand Lodge may authorize special meetings at other times and places. Charters. Section 21. Grand Lodges are authorized to issue charters to Rebekah Assemblies and Rebekah Lodges within their respective jurisdictions, such charters to be in the form prescribed and upon blanks furnished by the Sov- ereign Grand Lodge. Returns. Section 22. The Grand Secretary shall furnish Grand Lodges with blanks for annual returns of Rebekah Lodges, and such Grand Lodges shall require such returns to be made on the 31st of December of each year, and may require that such returns shall be made to the Secretary of the Rebekah Assembly, and in such case shall require such officer to make a full report of the same to the Grand Lodge. Any neglect to make such returns shall be visited with such penalties as the Grand Lodge of the jurisdiction may direct. Reinstatement and Dismissal Certificate. Section 23. A member of a Rebekah Lodge suspended for non-payment of dues may be reinstated in said Lodge or may take a Dis- missal Certificate from said Lodge. Voting and balloting. Section 24. Voting in Rebekah Lodges shall be as follows: Upon admission or reinstatement of members, in any lawful manner whatsoever, votes shall be by ball ballot, and not less than three black balls shall be required to reject. Upon sustaining charges, upon the infliction of any form of penalty after trial and conviction, 53 834 Rebekah Branch. and upon granting of Withdrawal Cards, votes shall also be by ball ballot. In elections of officers, of Delegates or Representatives to Assemblies, and of committees which are to be elected, the vote shall be by ballot, except that local laws may provide for election by acclamation where there is but one candidate. Votes in all other cases shall be znz'G voce. No petition shall be received from any re- jected applicant unless the period of six months has inter- vened between such applications. Regalia and jewels of Rebekah Lodges. Section 25. The regalia and jewels for officers of Rebekah Lodges shall be as follows, to-wit: Each collar shall not exceed three inches in width; each baldric shall not exceed three and one-half inches in width, and each jewel shall be of silver or silver-plated, circular in form, and one and one-half inches in diameter, with de- sign hereinafter specified engraved or stamped on one side and with the other side plain. For the Noble Grand. — ^Regalia, a collar with pink center and green edges, trimmed with silver lace and fringe ; jewel, with representation or figure of '* Rebekah at the Well," and underneath the word "Fidelity.'* For the Vice-Grand. — ^Regalia, a collar with green center and pink edges, trimmed with silver lace and fringe ; jewel, with representation or figure of **Ruth and Naomi," and underneath the word "Industry." For the Secretary. — Regalia, a collar with pink center and green edges, trimmed with silver lace; jewel, with a representation or figure of a pen, and underneath the word "Deborah." For the Financial Secretary (if there be one). — Regalia, a collar and jewel same as the Secretary's, except that the word "Deborah" shall be omitted from the jewel. For the Treasurer. — Regalia, a collar with green center and pink edges, trimmed with silver lace; jewel, with rep- i Rebekah Brajtch. 835 resentation or a figure of a key, and underneath the word *' Trust.*' For th£ Warden. — Regalia, a baldric, with upper side green and lower side pink, with three rows of silver lace, one on each edge and one along the center, the lowest edge to be trimmed with silver lace; jewel, with representation or figure of a bar and axe, crossed, and underneath the word ''Hope." For the Conductor. — Regalia, a baldric, same as Warden *s in shape and colors, with row of silver lace around inner edge; jewel, with representation or figure of two wands, crossed, and underneath the word ''Safety." For tlie Inside Guardian. — Regalia, a baldric, same as Warden's; jewel, with representation or figure of a shield crossed by a spear, and underneath the word "Prove." For tlie Outside Guardian. — ^Regalia, a baldric, same a« Conductor's, except that the row of silver lace.be on the outside, none in the center; jewel, same as Inside Guardian's, except that the word shall be "Vigilance." For the CJvaplain. — Regalia, a white baldric, with silver lace on each edge, the front to be ornamented with pink roses and green leaves. For the Supporters to Noble Grand. — Regalia, a baldric, with pink center and green edges, trimmed with two rows of silver lace. For the Supporters -to Vice-Grand. — Regalia, a baldric, with green center and pink edges, trimmed with two rows of silver lace. For each Past Noble Grand. — Regalia, a collar, the same as Noble Grand's in shape and colors, except that the lace and frinfje shall be of gold instead of silver; jewel, a five- pointed star of white metal. The use of the jewel shall be optional to all but the Junior Past Noble Grand. All of the foregoing shall apply to all officers and Past Noble Grands, irrespective of sex. 836 Rebekah Branch. Brothers who are not officers or Past Noble Grands shall wear the regalia they are entitled to wear in a Subordinate Lodge. Sisters who are not officers or Past Noble Grands shall wear badges or collars of pink and green, not exceeding three inches in width. (See also, 1903 S. G. L. Journal, 294, 315, wherein the fore- going jewels are declared to be authorized jewels of the Order.) Regalia and jewels for officers of a Rebekah Assembly. The regalia and jewels for the officers of the Rebekah As- sembly shall be as follows, to-wit: Each collar shall not exceed three inches in width; each baldric shall not exceed three and one-half inches in width; each jewel shall be of gold, or gold-plated, or of yellow metal, circular in form, and one and one-half inches in diameter, with design hereinafter specified engraved or stamped on one side, and with the other side plain, but with the addition to each jewel, both of officers and past Presidents, of the word ** Assembly" on the hanger, above the design. For the President. — Regalia, a collar, with pink center and green edges, trimmed with gold lace and fringe ; jewel, same size and shape as described above, with representa- tion or figure of ''Queen Esther," and underneath the word "Service." For the Vice-President. — Regalia, a collar, same as the President's; jewel, with representation or figure of "Re- bekah at the Well," and underneath the word "Fidelity." For the Warden. — Regalia, a collar, same as the Presi- dent's; jewel, with representations or figures of "Ruth and Naomi," and underneath the word "Industry." For the Secretary. — Regalia, a collar, same as the Presi- dent's; jewel, with representation or figure of a pen, and underneath the word "Deborah." L Rebekah Branch. 837 For the Treasurer. — Regalia, a collar, same as the Presi- dent's; jewel, with representation or figure of a key, and underneath the word ''Trust." For the Marshal. — ^Regalia, a baldric, with upper side green and lower side pink, with three rows of gold lace, one on each side and one along the center, the lowest edge to be trimmed with gold lace or gold fringe; jewel, with representation or figure of a baton, and underneath the word ''Hope." For the Conductor. — Regalia, a baldric, same as Mar- shal's in shape and colors, with row of gold lace around inner edge; jewel, with representation or figure of two wands, crossed, and underneath the word "Safety." For the Chaplain. — Regalia, a white baldric, with gold lace on the upper edge, and gold lace or gold fringe on the lower edge; the front to be ornamented with pink roses and green leaves; jewel, with representation or figure of a Bible, open, and underneath the word "Holy." For the Inside Guardian. — Regalia, a baldric, same as the Conductor's; jewel, with representation or figure of a shield crossed by a spear, and underneath the word ^' Prove." For the Outside Guardian. — Regalia, a baldric, same as the Conductor's; jewel, same as Inside Guardian's, except that the word underneath shall be "Vigilance." For ea^h Fast President. — Regalia, same as the Presi- dent's; jewel, the same as the President's, except that the word underneath the design shall be "Honor." Note. — The Sovereign Grand jewel for Past Presidents. — See Lodge in 1905 designed a new Section 3551 of this Digest. All members of Rebekah Assemblies, when in attend- ance, not in office, shall wear the collar prescribed for a Past Noble Grand of a Rebekah Lodge, or a badge of pink and green, not exceeding three inches in width. Such embriodery as will be in keeping with the Rebekah Degree may be added to any of the foregoing described regalia. 838 Rebekah Branch. Each Rebekah Assembly may provide suitable regalia and jewels for its officers. (See, also, 1903 S. G. L. Journal, 294, 315, wherein the foregoing jewels are declared authorized jewels of the Order. Cards and Dismissal Certificates and Defunct Certificates. Section 26. Visiting and Withdrawal Cards and Dismissal Certificates and certificates for former members of defunct Rebekah Lodges shall be provided by the Grand Secretary of the Sovereign Grand Lodge for Rebekah Lodges and their members, and the same shall be furnished to State, Territorial and Provincial jurisdictions at the same price as those for Lodges and their members; and all laws and decisions of the Sovereign Grand Lodge relating to appli- cations and fees for, and to issuance, use, force and effect of similar cards and certificates in and by Grand and Sub- ordinate Lodges and their members, shall apply and ex- tend to said cards and certificates. Conferring of degree. Section 27. The Rebekah Degree shall be conferred by duly constituted Rebekah Lodges only, except that for the purpose of assisting in the organ- ization of Rebekah Lodges the necessary power to induct applicants for charter into the degree, where they do not possess it, and are otherwise qualified, shall be vested in the several Grand Lodges, and Grand Masters ad interim. Surrender of charter. Section 28. A Rebekah Lodge shall consist of not less than five members, and cannot voluntarily surrender its charter nor dissolve as long as five members, in good standing, desire to retain such charter and work under it; provided^ that when a vote upon the surrender of a charter is to be taken, notice shall be sent to all members of the Lodge in good standing. Quorum. Section 29. A quorum of a Rebekah Lodge shall consist of five members, including one lawfully qual- ified to preside. All the above requirements are to be con- strued as applying to members, irrespective of sex. A Grand Lodge may require a greater number of applicants Rebekah Branch. 839 than five for the institution or revival of a Rebekah Lodge, and may require that not more than one-half of such appli- cants shall be brothers. Rebekah Assembly. Section 30. Any Grand Lodge work- ing under a charter granted by the Sovereign Grand Lodge in a jurisdiction having five or more Rebekah Lodges is hereby empowered, upon proper petition, to charter and institute a Rebekah Assembly within its own jurisdiction, and such Grand Lodge may clothe such Assembly with such powers and surround it with such limitations as may be deemed best for carrying out the objects and purposes of Rebekah Lodges, as set forth in the laws governing the same. Sucli Assemblies shall be required to make such re- ports as their respective Grand Lodges may direct. But all rights and privileges granted to Rebekah Assemblies, both those granted by charter and by law, shall be revoc- able at any time by the Grand Lodge granting the same, or by the Sovereign Grand Lodge. Officers of Rebekah Assembly. Section 31. The principal officers of a Rebekah Assembly shall be a President, a Vice- President, Warden, Secretary and Treasurer; and the Pres- ident shall have the power to appoint a Marshal, Con- ductor, Chaplain, Inside and Outside Guardians. The duties of these various officers shall be those which usually pertain to such officers. All officers shall be of the female sex. Appeals. Section 32. All appeals from the decision or action of a Rebekah Assembly shall be made to the Grand Lodge of its jurisdiction, and from the Grand Lodge to the Sovereign Grand Lodge, as provided by the rules and regu- lations of the Sovereign Grand Lodge. Membership of Rebekah Assembly. Section 33. The membership of Rebekah Assemblies shall be limited to Past Noble Grands of Rebekah Lodges and those who have here- tofore received the Assembly Degree; provided^ however, that Past Grands of Subordinate Lodges who are members in good standing of Rebekah Lodges may be admitted to Assembly membership and to receive the Assembly Degree 840 Rebekah Branch. when the Assembly Constitution prescribed by the Grand Lodge of the jurisdiction so provides; and provided, that no one shall be permitted or entitled to take part in the legislative work of the Assembly or vote for officers thereof excepting those designated in the Constitution of such Assembly; and provided, also, that in each jurisdiction the Grand Master and Grand Representatives shall be admitted to the Assembly and receive the Assembly Degree for the purpose of official visitation and instruction. — As amended in September, 1902. Rebekah laws. Section 34. Except as hereinbefore pro- vided, all laws, rules and regulations of the Sovereign Grand Lodge now in force, or that may hereafter be adopted for the government of Grand Jurisdictions, or that in any way affect the rights of individual members, are made to apply, where applicable, in all their force to country, Provincial, State and Territorial Grand Jurisdictions of the Rebekah Degree; and in so applying them, when necessary, where the masculine gender is referred to in said laws, the same shall be construed to mean the feminine gender. In Rebekah Lodges the laws shall apply to all members alike, and the rights, duties and privileges of membership shall be the same for brothers as for sisters. Repeal of conflicting laws. Section 35. All laws and parts of laws in conflict with this code are hereby re- pealed. Note. — This Revised Code was to all laws in conflict with the adopted September 22, 1900, and code enacted prior to September therefore this repeal is applicable 22, 1900. Watching with the sick. Section 36. It shall be lawful for any Grand Body, having jurisdiction over Rebekah Lodges, to provide for requiring only the sisters in Re- bekah Lodges to perform the service of watching with the sick, and for requiring only the sisters to watch with sick sisters, leaving the watching for and by brothers to the Subordinate Lodges. Semi-Annual Password. Section 37. The Grand Master (or if empowered by authority of the Grand Lodge, the L Rebekah Branch. 841 President of the Rebekah Assembly) of each Grand Lodge represented in the Sovereign Grand Lodge under which any Rebekah Lodge has been or hereafter shall be insti- tuted, is required to make a Semi-Annual Password for use in all Rebekah Lodges in the jurisdiction of such Grand Lodge. Annual Password. Section 38. The Annual Password for the Rebekah Degree shall be used in conjunction with a Visiting or Withdrawal Card or Official Certificate, issued by a Rebekah Lodge, when the holder thereof is visiting a Rebekah Lodge under the law authorizing such visitation, as a Traveling Password, but shall be communicated and otherwise used in the manner prescribed in the Ritual of the Rebekah Degree, notwithstanding its use as a Travel- ing Password. 2. LAWS AND DECISIONS. ADMISSION TO ONE'S OWN LODGE. 3369. Without the Password. A member of a Rebekah Lodge may enter or sit in his or her own Lodge without the password.— 1895 Journal, 24, 189, 234. 3370. Right to enter one's Lodge. A member of a Re- bekah Lodge has a right to enter his or her Lodge so long as they remain members, whether in good standing or not. —1895 Journal, 24, 189, 234. ANNIVERSARY. 3371. The 20th of September the anniversary. The 20th day of September is recognized by the Sovereign Grand Lodge as the anniversary of the institution of the Rebekah Degree, and is to be annually celebrated and commemo- rated as such by proper and appropriate ceremonies. The 20th day of September is the natal day of the Rebekah Degree, it having been established on that day, in the year 1851.— 1897 S. G. L. Journal, 15640. ANNUAL PASSWORD. (See Passwords.) 842 Rebekah Branch. APPEAL TO GRAND LODGE. 3372. Referred to new committee for trial — Appeal. Where the Trial Committee reported a brother not guilty, and the Lodge ''rejected the report, discharged the com- mittee and appointed a new committee" for a new trial, and the accused gave notice of appeal. This notice of appeal did not operate as a stay of proceedings. It was premature, as the Lodge had not made or rendered a final disposition or final judgment in the matter. An appeal did not lie. — ^Burns vs. Isabella Rebekah Lodge, 1898 Jour- nal, 192, 193, 215. 3373. Notice and grounds of appeal required. The Con- stitution of Rebekah Lodges requires that an appeal shall be taken by filing with the Secretary a notice of appeal and the grounds thereof, and where there is no statement of the grounds thereof, the attempted appeal is ineffectual and will be dismissed. — Morrison vs. Sylvan Rebekah Lodge, 1904 Journal, 22, 34. 3374. Dismissal of charges and appeal. A Lodge dis- missed charges. An appeal therefrom must be taken within two weeks. An appeal taken four weeks thereafter dis- missed by Grand Lodge as not taken in time. — Due vs. Teu- tonia Rebekah Lodge, 1896 Journal, 526, 558. 3375. Errors on appeal must affirmatively appear. The law presumes in favor of the legality of the action of a Lodge, and its action should not be disturbed on appeal unless error affirmatively appears. — In re Martha Washing- ton Rebekah Lodge, 1889 Journal, 143, 160. 3376. Grand Lodge may grant power. A Grand Lodge can delegate to the President of the Rebekah Assembly the power to act ad interim on appeals from Rebekah Lodges. —1898 S. G. L. Journal, 15751, 16071, 16116. APPEALS TO SOVEREIGN GRAND LODGE. 3377. Must first appeal to Grand Lodge. Appeals from the Rebekah Lodge should first be made to the Grand Lodge of the jurisdiction.— 1889 S. G. L. Journal, 11490, 11728, 11786. Rebekah Branch. 843 3378. Grand Master's decision. A Rebekah Lodge can- not appeal to the Sovereign Grand Lodge direct from the decision of a Grand Master, but must first appeal to the Grand Lodge of the jurisdiction. If dissatisfied with the action, an appeal can then be made to the Sovereign Body. —1899 S. G. L. Journal, 32, 365, 394. APPELLATE POWER. 3379. Grand Lodge's power. A Grand Lodge can em- power its Rebekah Assembly to hear and determine appeals from Rebekah Lodges, and also to determine appeals for the non-observance of the general laws of the Order, subject to the right of appeal to the Grand Lodge. — 1896 S. G. L. Jour- nal, 14679, 14949, 15019; 1898 S. G. L. Journal, 15752, 16071, 16116. ARREARS. (See Dues; Installation; Password.) ASSEMBLY. (See Rebekah Assembly. ASSEMBLY DEGREE. 3380. Presidents may confer. Presidents of the Rebekah Assemblies are authorized to confer the degree, or cause the same to be done, in their respective Assemblies, upon sisters and brothers who are eligible to membership in said Re- bekah Assemblies.— 1896 S. G. L. Journal, 15051, 15088. 3381. Special session to confer. Unless the Grand Lodge or the charter of a Rebekah Assembly permits, a Rebekah Assembly cannot convene in special session to confer the Assembly degree.— 1900 S. G. L. Journal, 510, 827, 873. The Constitution of the Rebekah Assembly, I. O. 0. F., of Cali- fornia, approved by the Grand Lodge, provides for such special sessions for such purposes. — Constitution Rebekah Assembly, Art. II, Sec. 2. 3382. Upon whom conferred. It can be conferred only on those entitled to admission to the Rebekah Assembly at Assembly meetings.— 1896 S. G. L. Journal, 14674, 14948, 15019. 844 Rebekah Branch. ASSESSMENTS. 3383. Per capita tax. A Grand Lodge can authorize its Rebekah Assembly to levy upon and collect from its Re- bekah Lodges a per capita tax. It can transfer its power to tax Rebekah Lodges to the Rebekah Assembly. — 1896 S. G. L. Journal, 14679, 14949, 14673, 14674, 14678, 15019, 15072; 1900 S. G. L. Journal, 510, 827, 873. 3384. Lodge instituted prior to June 30th. A Rebekah Lodge instituted at any time during the first half of the year and prior to June 30th is liable for and must pay the per capita tax due and payable for the membership on June 30th. The per capita tax due and payable at that time is not for past, but for accruing and future expense. — Matter of Torosa Rebekah Lodge, 1901 Journal, 508, 539, 412, 541, 567. 3385. Funeral assessment. A Rebekah Lodge cannot levy a funeral assessment. — 1903 Journal, 24, 176, 210. 3386. Per capita tax as to inmate of Odd Fellows* Home. A Rebekah Lodge must pay per capita tax on a member thereof who is an inmate of the Odd Fellows' Home of Cali- fornia.— 1903 Journal, 190, 204, 213. BALLOT AND VOTING. 3387. Who to preside at balloting. The Noble Grand and Vice-Grand being present, should not request, and the Noble Grand must not permit a Past Noble Grand to pre- side during balloting on applicants for membership. The Noble Grand must preside. — Bentley vs. Gem of the Valley Rebekah Lodge, 1896 Journal, 530, 558. 3388. Vice-Grand's duty as to balloting. The Vice- Grand must examine the ballot-box before the balloting, and must inspect the ballot after such balloting, as ex- pressly required by Article IV of Constitution of Rebekah Lodges. — ^Bentley vs. Gem of the Valley Rebekah Lodge, 1896 Journal, 530, 558. Rebekah Branch. 845 3389. Balloting and Right Supporter of Vice-Grand. The Vice-Grand may invite her Right Supporter to take her chair during balloting while the Vice-Grand plays the inarch for members. During a temporary absence the Right Supporter of the Vice-Grand takes the chair of the Vice- Grand.— 1903 Journal, 191, 204, 213. 3390. Passing ballot-box to Noble Grand and Vice- Grand. By analogy the law permitting the ballot-box, when balloting for candidates, to be passed to the Noble Grand and Vice-Grand of a Subordinate Lodge in their official positions, applies also to Rebekah Lodges, but it cannot be passed to any other officers. — 1904 S. G. L. Journal, 538, 752, 820. 3391. Black balls and ballot-box. A ballot-box should not contain less than three black balls, and there should be no less than six or eight black balls. — 1896 Journal, 417, 587, 628. 3392. Withdrawal Card— Black and white balls, and bal- lot-box. In voting for a Withdrawal Card, there should be a sufficient number of black balls and a sufficient number of white balls to permit all entitled to vote as they desire. — 1904 Journal, 369, 563, 569. 3393. Not compelled to admit applicant. A Rebekah Lodge is not compelled to admit every Odd Fellow who may apply for membership; all applicants must be balloted for and there is no appeal in case of rejection. — 1889 Journal, 35, 123, 163. 3394. Right to cast black ball. The members of the Rebekah Lodge are vested with the sole power of deter- mining whom they will accept as their co-members, and their reasons for voting against a candidate should not be inquired into by the Grand Lodge. So declared in relation to an application for reinstatement after being dropped from the roll.— 1893 Journal, 404, 423. 3395. Number of black balls required to reject. Not less than three black balls shall be required to reject an 846 Rebekah Branch. application for membership in a Rebekah Lodge. Grand Lodges may require a larger, but not a smaller number than three to reject such an application. In this jurisdiction the number of black balls required to reject is three, prescribed by Article III, Section 3, Constitution of Rebekah Lodges. — 1897 S. G. L. Journal, 15170, 15560, 15616. 3396. Secrecy of the ballot. A member should not reveal the nature of his ballot, and he is not required and cannot be required by a member, officer or committee of the Lodge to state how he voted.— 1902 Journal, 750, 751, 916, 940. 3397. The number of black balls not to be told. Neither the Noble Grand nor the Vice-Grand has a right to tell how many black balls or cubes were cast against a candi- date. The Noble Grand should destroy the ballot imme- diately on announcing the result. — 1897 Journal, 808, 994, 1034. 3398. Not to tell that a person was black-balled. The ballot should be secret, and no member has a right to tell outside the Lodge that Mr. or Mrs. So and So was black- balled in the Lodge.— 1897 Journal, 808, 994, 1034. 3399. Members should vote. Every member of a Lodge should vote, providing they be in good standing, upon all motions put to the Lodge, and upon all applications for membership, unless they be excused by the Lodge. — 1895 Journal, 24, 189, 234; 1885 Journal, 288, 403, 432. 3400. Member must vote if Lodge refuse to excuse. If a member asks to be excused from voting on an applica- tion for membership, and the Lodge, by motion, refuses to excuse, she must vote. — 1903 Journal, 190, 204, 213. 3401. Application for membership and vote of Noble Grand. If the Lodge refuse to excuse the Noble Grand, the Noble Grand must vote on an application for membership. —1903 Journal, 191, 204, 213. 3402. Payment of arrears entitles one to vote. A sister who is not qualified to vote by reason of being in arrears Rebekah Branch. 847 for dues, may at any time before the ballot is taken pay the arrears, and thus place herself in standing, and there- upon be entitled to vote, irrespective of the number of bal- lots previously taken upon the proposition. — 1902 Journal, 750, 900, 917. 3403. Must ballot in case of unfavorable report of com- mittee. When the report of the Committee of Investigation is unfavorable, the Lodge must proceed to ballot upon the application the same as upon a favorable report, and if the ballot results favorably the applicant must be declared elected.— 1902 Journal, 751, 916, 940. (See Errata.) 3404. When may receive proposition and ballot at special meeting by dispensation. A Lodge cannot receive a petition for membership, or act on the report of a com- mittee on a petition, and ballot for membership at a special meeting unless the Grand Master or President of the Re- bekah Assembly be present at the special meeting and grant a dispensation therefor. — 1897 Journal, 808, 1030, 1054. 3405. Separate ballot for each applicant. Candidates must not be elected collectively or rejected collectively. Each candidate must be balloted for separately. — Bentley vs. Gem of the Valley Rebekah Lodge, 1896 Journal, 530, 558. 3406. May reconsider a favorable ballot. A favorable ballot on application for membership in Rebekah Lodge can be reconsidered at any time prior to admission of appli- cant. — Ward vs. Oakland Rebekah Lodge, 1893 Journal. 365, 378. 3407. Motion to reconsider. Any member may move a reconsideration of a favorable ballot for membership. — In re Martha Washington Rebekah Lodge, 1889 Journal, 142, 160. 3408. Reconsidering ballots and niles of order. The whole matter of reconsidering ballots for membership is regulated by the Constitution, and a Lodge cannot, by rules of order or otherwise, add to or take away from the 848 Rebbkah Branch. conditions prescribed in the Constitution in regard to it. — In re Martha Washington Rebekah Lodge, 1889 Journal, 143, 160. 3409. Voting to reconsider. Section 4. Article III, Con- stitution of Rebekah Lodges, provides how an unfavorable ballot upon a petition for membership may be reconsidered, and it requires it to be decided by T3all ballots. It provides that a favorable ballot may be reconsidered, and does not require ball ballots. The vote to reconsider a favorable ballot may, therefore, be taken in the ordinary way. — In re Martha Washington Rebekah Lodge, 1889 Journal, 142, 160. 3410. A new ballot. If the Noble Grand believes an error or mistake has been made in the ballot, she may in her dis- cretion immediately declare a new ballot, as per Section 4, Article III, Constitution of Rebekah Lodges. — 1902 Jour- nal, 751, 916, 940. (See Errata.) 3411. More balls or cubes cast than members present. In balloting for a candidate, if there are more balls or cubes east than members present, the Lodge should order a new ballot.— 1905 Journal, 749, 926, 944. 3412. Reballot and two black balls. In case an un- favorable ballot is retaken to ascertain whether an error has been made, and two black balls are found, the candidate is elected.— 1905 Journal, 747, 926, 944. 3413. Petition of members for reballot illegal. A peti- tion circulated among the members of a Rebekah Lodge, requesting that a reballot be had where a rejection had taken place, is unauthorized, and should not be permitted. —1896 Journal, 419, 587, 628. 3414. Elected to become a member; lapse of time; re- ballot. There is no law which renders the election of a per- son to membership by initiation void on account of lapse of time ; if, however, there has been considerable time between the election and the time the candidate appears for initia- tion, the Lodge should reballot upon the petition, which they are authorized to do at any time previous to the ad- Rebekah Branch. 849 mission. — Rebekah Constitution, Art. Ill, Sec. 4 ; 1896 Jour- nal, 415, 587, 628. 3415. Voting on Withdrawal Card. In voting a With- drawal Card in a Rebekah Lodge, ball ballots or cubes must be used, and a majority vote of all present is necessary to grant said card.— 1897 Journal, 807, 1000, 1046. 3416. Voting. The mode of voting in a Rebekah Lodge is **Yes" and "No."— 1888 Journal, 1021, 1111, 1130. Note. — But see Section 24, of the Rebekah Code, which regulates bal- loting and voting in Rebekah Lodges. 3417. Viva voce votes. Votes ''shall be viva voce" means that the vote may be either "Yea" or "Nay," or "Yes" or "No."— 1897 S. G. L. Journal, 15172, 15534, 15584, 15613. 3418. Voting on reports. In voting to adopt either a majority or minority report in a Rebekah Lodge, it should be by "Yes" or "No."— 1897 Journal, 806, 1000, 1046. 3419. Right to vote in Rebekah Assembly. No one shall be permitted or entitled to take part in the legislative work of the Rebekah Assembly or vote for oflRcers, excepting those designated in the Constitution of such Rebekah As- sembly. — Section 33, Rebekah Code. BENEFITS. 3420. Sick benefits — Funeral benefits or expenses. Re- bekah Lodges are not authorized to pay sick benefits or funeral benefits or expenses as such, but in proper cases this may be done as a charitable donation. — 1904 S. G. L. Journal, 534, 752, 820; 1901 S. G. L. Journal, 33, 360, 371, 372. 3421. Sickness — Care and attention. The members of a Rebekah Lodge are entitled to be visited when sick and given such care and attention as the principles of the Order dictate.— 1896 Journal, 416, 587, 628. (See Nurses and Watchers.) 64 850 Rebekah Buanch. BY-LAWS OF REBEKAH LODGE. 3422. Changing the amount of dues. It is necessary to have the approval of the Committee on Laws of Subordi- nates of the Grand Lodge to an amendment to the By-Laws, changing the amount of dues. — 1892 Journal, 15, 97, 103; 1885 Journal, 287, 403, 432. 3423. Not presented to Committee on Laws of Subordi- nates. An amendment to a By-Law of a Rebekah Lodge that was never presented to the Committee on Laws of Subordinates of the Grand Lodge for its approval, is not law.— 1892 Journal, 15, 97, 103 ; 1884 Journal, 13, 116, 153. 3424. When By-Laws of Rebekah Lodge are in force. Under Section 2, Article XI, Constitution of Rebekah Lodges, no By-Laws whatever of a Rebekah Lodge are in force till the Lodge receives notice of their approval by the Committee on Laws of Subordinates. — Davidson vs. La- gunita Rebekah Lodge, 1901 Journal, 816. 3425. Motion to adopt By-Laws of another Rebekah Lodge till Lodge prepares its own. Where in Lagunita Re- bekah Lodge a motion "that we adopt the By-Laws of Cor- nelia Rebekah Lodge until such time as we can prepare our own," was carried, but these By-Laws of Cornelia RebeKah Lodge were never submitted to the Committee on Laws of Subordinates as the By-Laws of Lagunita Rebekah Lodge. These By-Laws of Cornelia Rebekah Lodge, not having been approved by the Committee on Laws of Subordinates as the By-Laws of Lagunita Rebekah Lodge, were not, under Sec- tion 2, Article XI, of the Constitution of Rebekah Lodges, the By-Laws of Lagunita Lodge or otherwise expressed were never in force. — Davidson vs. Lagunita Rebekah Lodge, 1901 Journal, 535, 543. (See Errata.) 3426. Noble Grand should enforce the By-Laws. It is the duty of the Noble Grand of a Rebekah Lodge to enforce the By-Laws of her Lodge. If the By-Laws are objection- able they should be remedied by repeal or amendment, and not by violation.— 1898 Journal, 14, 204, 205, 215. Rebekah Branx'H. 851 3427. Grand Lodge may grant power. A Grand Lodge can delegate to the President of the Rebekah Assembly the power ad interim to approve the By-Laws of Rebekah Lodges.— 1898 S. G. L. Journal, 15572, 16071, 16116. CARDS. 3428. May withhold Withdrawal Card pending investi- gation. Upon application for a Withdrawal Card, should objection be made to its being granted, it will be proper to withhold the granting of it until proper investigation can be made, as it is a certificate of good character and fitness to visit for one year, as in a Subordinate Lodge. — 1896 S. G. L. Journal, 14674, 14948, 15019. 3429. Can refuse Withdrawal Card. A Rebekah or Sub- ordinate Lodge can legally refuse to grant a Withdrawal Card.— 1897 S. G. L. Journal, 15177, 15534, 15584, 15613. Note. — See Sections 1856, 1859 drawal Cards must be granted by and 1860, transfer of membership Subordinate Lodge, by card for cases in which With- 3430. Live Withdrawal Card from Subordinate Lodge and membership in Rebekah Lodge. The holder of a live Withdrawal Card does not sever the holder's connection with the Order, but only with his Lodge, and the severance in this case is not complete, as he is a quasi-member, and may visit Lodges. He may retain his membership in his Encampment and Rebekah Lodge. — 1896 S. G. L. Journal, 15002, 15070. 3431. Holder of Withdrawal Card from Subordinate Lodge and also from Rebekah Lodge. A brother is granted a Withdrawal Card from his Subordinate Lodge on Decem- ber 14th, 1896 ; on September 10th, 1897, he applies for ad- mission by card, and is rejected ; on December 1st, 1897, he applies for a Withdrawal Card from the Rebekah Lodge. It is held that the Rebekah Lodge of which he is a member has the right to grant him a Withdrawal Card, and when it has been so granted he has a right to visit upon it for twelve months after its date.— 1898 S. G. L. Journal, 15757, 16071. (See Passwords; Visitors and Visiting.) 852 Rebekah Branch. CARD PLAYING. 3432. For amusement. There is no special law or regula- tion of the Order permitting or prohibiting card playing for amusement during recess in a Rebekah Lodge-room. Social pleasures are permitted and encouraged, but it is difficult to draw the line. This is a matter that should be determined by each Lodge. — 1901 Journal, 412, 541, 567. 3433. Ante-rooin. It is not lawful for brothers to play cards in the ante-room during the session of the Lodge. — 1905 Journal, 749, 926, 944. CERTIFICATES. (See Official Certificates; Dismissal Certificates.) CHARGES. (See Trials.) CHARTER OF REBEKAH ASSEMBLY. (See Rebekah Assembly.) CHARTER AND CHARTER MEMBERS. 3434. Rebekah Assemblies and power to charter Lodges. The respective Grand Lodges in jurisdictions where Re- bekah Assemblies are organized are authorized to permit the President of such Assemblies to receive petitions for charters and dispensations, grant the same and institute new Rebekah Lodges, subject to the approval of Grand Lodges and under such regulations as may be prescribed by such Grand Lodges.— 1905 S. G. L. Journal, 253, 297, 323. 3435. Rebekah Assembly and power to revoke charter. A Grand Lodge cannot give its Rebekah Assembly power to revoke the charter of a Rebekah Lodge or disturb it in possession of its chartered rights. — 1896 S. G. L. Journal, 14678, 15011, 14948, 15019. 3436. President of Rebekah Assembly and power to re- claim charter. A Grand Lodge cannot transfer from the Grand Master to the President of the Rebekah Assembly Rebekah Branch. . 853 the power to reclaim the charter, books and effects of a Rebekah Lodge.— 1896 S. G. L. Journal, 14679, 14949, 15019. 3437. Surrender of charter. The charter of a Rebekah Lodge cannot be surrendered while the minimum number of its members required by law to petition for a charter are willing and desirous to retain the charter. — 1900 S. G. L. Journal, 509, 827, 873. 3438. Grand Lodge and number of applicants. A Grand Lodge may require more than five applicants for a charter for a Rebekah Lodge.— 1900 S. G. L. Journal, 509, 827, 873. 3439. Refusal of charter and membership. The refusal of a charter by the Grand Lodge to a Lodge working under dispensation terminates membership. — 1896 S. G. L. Jour- nal, 14680, 15078, 15093. 3440. President and Secretary of Rebekah Assembly — Signing charter. The President and Secretary of Rebekah Assemblies are not required to sign the charters for Re- bekah Lodges, nor has the Grand Lodge of the jurisdiction the right to so require.— 1901 S. G. L. Journal, 37, 361, 371, 372. (See Section 3434 as to the new legislation of Sovereign Grand Lodge.) 3441. Certain consent necessary for new Lodge. Peti- tioners for a charter to institute a Rebekah Lodge are re- quired to obtain the consent of three-fourths of the Re- bekah Lodges in the county where the proposed Lodge is to be instituted, provided there are four or more in the county, and present the same to the Grand Master, before a dispensation can be issued for the institution of such Lodge.— 1892 Journal, 106, 120. 3442. Consent to institution of new Lodge before taking Withdrawal Cards. Members of a Rebekah Lodge who desire to institute a new Rebekah Lodge are not required to take out Withdrawal Cards in their own Lodge before applying for the necessary consent of the other Lodges in 854 ^ Rebekah Branch. the district, but such cards must accompany an application for a charter.— 1901 Journal, 411, 541, 567. 3443. When members may apply for such consent of their own Lodge. Members of a Rebekah Lodge may ask permission of their own Lodge to institute a new Rebekah Lodge before withdrawing from their own Lodge. — 1901 Journal, 411, 541, 567. 3444. Who must apply for a warrant to institute a Re- bekah Lodge — Withdrawal Cards and Certificates of Resig- nation. Where five or more Certificates of Resignation ac- companied a petition for a warrant to institute a Rebekah Lodge, it was refused because five of the petitioners had not unexpired Withdrawal Cards. It is necessary that five of the petitioners for a warrant for the institution of a new Rebekah Lodge shall be in possession of the Rebekah De- gree, irrespective of sex, and have and file with the petition their unexpired cards. The law does not contemplate that a Resignation Certificate shall be equivalent to an unex- pired Withdrawal Card for this purpose. — 1901 Journal, 414, 541, 567. 3445. Initiatory Degree — Charter member. An Initia- tory Degree member is qualified to become a charter mem- ber of a Rebekah Lodge.— 1895 S. G. L. Journal, 14240, 14487, 14570; 1896 S. G. L. Journal, 15003, 15071, 15080. 3446. Rejected applicant and charter member. If a can- didate for membership by deposit of card be black balled in a Rebekah Lodge she cannot become a charter member of a new Lodge instituted in the same town two months thereafter.— 1903 Journal, 190, 204, 213. 3447. To be charter member must be present. No one can be a charter member of a Rebekah Lodge who is not actually present at the institution thereof. — 1889 Journal, 35, 122, 163. 3448. Eligibility to office in new Lodges. At the institu- tion of a Rebekah Lodge, all of the charter members are eligible to any office therein, previous service in, office not Rebekah Branch. 855 being a necessary qualification in such cases. — 1889 Jour- nal, 33, 122, 163. 3449. When no Past Noble Grand at institution. At the institution of a Rebekah Lodge and during the first term of such Lodge, when no Past Noble Grand is present, any member in good standing may be selected to fill the Past Noble Grand's chair.— 1904 S. G. L. Journal, 867, 884. 3450. Election — Past Noble Grand. At the institution of a Rebekah Lodge it is not legal to elect a member to fill the office of Past Noble Grand. The honors of that office can only be acquired by actual service as Noble Grand. — 1889 Journal, 35, 123, 163. 3451. To exemplify the secret work. The instituting officer of a Rebekah Lodge, in the absence of a qualified Representative of the jurisdiction, may invite a Past Grand Master of another jurisdiction, who happens to be present, to exemplify the secret work of the degree. — 1899 S. G. L. Journal, 32, 365, 394. 3452. A sister as instituting officer. A sister who is a Past Noble Grand may be appointed a special deputy to in- stitute a Rebekah Lodge.— 1904 S. G. L. Journal, 536, 752, 820. Such appointment must come from the Grand Master. —1896 S. G. L. Journal, 14674, 14948, 15019. 3453. Charter fee. The fee for a charter for a Rebekah Lodge is ten dollars, to accompany the application therefor. — Constitution Grand Lodge, Art. VIII, Sec. 2. 3454. Report of institution of new Lodge. All District Deputy Grand Masters, and all special deputies instituting new Lodges, are required, immediately upon instituting a Rebekah Lodge, to report the same to the Secretary of the Rebekah Assembly, giving name, number and location of Lodge, and a full report of all business done. — 1894 Jour- nal, 756, 773. 3455. Instituting new Lodge — District Deputy Grand Master. A District Deputy Grand Master cannot assist in 856 Rebkkah Branch. instituting a new Rebekah Lodge who is himself not a mem- ber of a Rebekah Lodge.— 1905 S. G. L. Journal, 44, 219, 243. 3456. Charters refused to those who fail to respect authority of Grand Lodge. Where the Grand Master re- called a charter and took possession of the property of a Rebekah Lodge because its officers and members failed to recognize the authority and respect the mandates of the Grand Lodge relative to giving to a certain member all the rights and privileges of a sister, and after this recall of the charter nearly all of the former officers and members of the Lodge whose charter was recalled petitioned for a warrant to institute a new Rebekah Lodge. The petition was refused by the Grand Master and the Grand Lodge, as the granting of the petition would be absurd and ill-ad- vised.— 1901 Journal, 413, 414, 541, 567. 3457. Forfeiture of charter. Where the charter of a Re- bekah Lodge has been declared forfeited by the Grand Lodge, although the charter has not been actually taken up, the members cannot legally work as a Lodge under such charter. They must petition the Grand Lodge either for the institution of a new Lodge or the resuscitation of the old one.— 1885 Journal, 288, 403, 432. CHILDREN. 3458. When excluded from Lodge-room. When children reach the age of understanding they should be excluded from the Lodge-room. As a matter of precaution, all chil- dren over two years of age should not be permitted to re- main in the Lodge-room. — 1896 Journal, 419, 587, 628. COMMITTEES. 3459. In arrears for dues. Arrearages for dues do not excuse a member from serving on committees. — 1895 Jour- nal, 24, 189, 234. (See Finance Committee; Trials; Social Committee.) Rebekah Branch. 857 CONSOLIDATION OF LODGES. 3460. Not required to sign Constitution. ]\Iembers of a Rebekah Lodge which was consolidated with and into an- other Rebekah Lodge are not required to sign the Consti- tution of the latter Lodge before becoming members thereof. They are to be treated in all respects as regular members of the latter Lodge.— 1905 Journal, 746, 926, 944. 3461. When Lodge cannot consolidate. A Lodge cannot be compelled to consolidate with another while the mini- mum number of its members required by law to petition for a charter are willing and desirous to retain the charter. — 1900 S. G. L. Journal, 509, 827, 873. CONSTITUTIONS. 3462. Constitution of Rebekah Assembly. It will be found affixed to this Digest. It was adopted in 1896, and will also be found in the Journal of that year. It was amended in 1897, 1898, 1899, 1900, 1903, 1905. For matters contained in the Constitution, see Index to this Digest, under the head of Rebekah Branch. — 1896 Journal, 568, 569, 570 to 573, 595, 596, 626, 627; 1897 Journal, 1027, 1054; 1898 Journal, -266, 267, 280; 1899 Journal, 678; 1900 Jour- nal, 238, 246, 247 ; 1903 Journal, 208, 213, 214 ; 1905 Jour- nal, 961, 964, 966, 967. 3463. Constitution of Rebekah Lodges. It will be found affixed to this Digest. It was enacted in 1896, and will also be found in the Journal of that year, and was amended in 1897, 1900, 1902, 1903, 1905. For matters contained in the Constitution, see Index to this Digest, under the head of Rebekah Branch.— 1896 Journal, 639 to 648 ; 1897 Jour- nal, 1027, 1028, 1054, 1045, 1059, 1056, 1068 ; 1900 Journal, 238, 246, 247, 248; 1902 Journal, 935, 945; 1903 Journal, 207, 208, 213, 334; 1905 Journal, 939, 964. CONTEMPT. 3464. New trial — Accused fails to appear. Where a brother appeared and underwent a trial before a Trial Com- mittee which reported him not guilty and the Lodge rejected 858 Rebekah Branch. the report and referred the matter to a new committee ''for a new trial," and, although notified, the brother failed to appear before the new committee, he was not guilty of con- tempt. In such cases of new trial, where the accused does not appear, the committee may proceed with the new trial. — ^Burns vs. Isabella Rebekah Lodge, 1898 Journal, 192, 193, 215. 3465. Accused appeared before Trial Committee — Failed to appear thereafter. Where the accused recognized the authority of the Trial Committee, appeared in answer to the summons, demurred, examined and objected to mem- bers of the Trial Committee, but left a meeting of the com- mittee and failed to appear before it thereafter, because she was not allowed an assistant counsel — this is not con- tempt within the contemplation of Section 4, Article VI, of the Constitution of Rebekah Lodges. Her counsel stated before she left the committee that, as she was not allowed assistant counsel, **she would not stand trial or have any- thing further to do with the matter." — Carrie Budelman vs. Vesper Rebekah Lodge, 1899 Journal, 545, 612. CONTINGENT FUND. (See Funds.) COUNSEL. 3466. In the matter of charges. A brother in good stand- ing in a Subordinate Lodge may appear before a Trial Committee of a Rebekah Lodge as attorney or counsel for the accused, although said counsel is not a member of a Re- bekah Lodge, but he has not the right to appear before the Rebekah Lodge in secret session at the time of action on the report of the Trial Committee, or to appear in the Re- bekah Lodge.— 1898 Journal, 114, 204, 215 ; Carrie Budelman vs. Vesper Rebekah Lodge, 1899 Journal, 545, 612 ; 1898 Jour- nal, 11, 204, 215. DEGREES. (See Rebekah Degree; Assembly Degree.) Rebekau Branch. 859 DEGREE STAFF. 3467. Right of officers. The officers of the Lodge have the right to their respective positions upon the degree staff in the regular Lodge work, and cannot he deprived of that right except by their consent. — 1896 S. G. L. Journal, 14675, 14949, 15019. 3468. Who qualified to act. A member cannot occupy any position or deliver any charge in a degree staff, that he is not qualified to fill by the rank he has attained as a mem- ber of the Order.— 1896 S. G. L. Journal, 14687, 14948, 15019. 3469. Conductor. The Conductor of a Rebekah Lodge has the right to hold the position in the team, when or- dered to vacate it by the Noble Grand and captain of the team.— 1904 S. G. L. Journal, 536, 752, 820. 3470. Officers* collars. When the regular officers of a Lodge surrender their chairs to the degree staff, they should surrender their collars also. — 1903 Journal, 190, 204, 213. 3471. Paraphernalia or robes of degree. A degree team of a Subordinate Lodge has no right to appear in the para- phernalia or robes of the degree at a Rebekah Lodge, or any other place outside of a Subordinate or Degree Lodge. —1901 Journal, 409, 551, 562. (See Work of Rebekah Degree.) DECISIONS. (See President of Rebekah Assembly.) DISMISSAL CERTIFICATE. 3472. Dismissal Certificates for Rebekah Lodges. They are to be printed and sold at same price as other Dismissal Certificates.— 1889 S. G. L. Journal, 11722, 11770. (See Supplies.) I 860 Rebekah Branch. 3473. Dismissal Certificate, no ballot. In a Rebekah Lodge no ballot is required in granting a Dismissal Certifi- cate.— 1896 S. G. L. Journal, 14674, 14948, 15019. 3474. Suspension and Dismissal Certificate. In a Re- bekah Lodge a member suspended for the non-payment of dues has the right to demand a Dismissal Certificate on the payment of one dollar without first applying for reinstate- ment.— 1896 S. G. L. Journal, 14674, 14949, 15019. 3475. Dismissal Certificate and resignation. A member of a Rebekah Lodge who owes dues, assessments or fines, is not entitled to a Dismissal Certificate. On payment of all charges against her or him, he or she may resign; then the Lodge must give a certificate of such resignation. Dis- missal Certificates can be granted only to members who have been suspended for non-payment of dues. — 1897 Jour- nal, 805, 1030, 1054. DISPENSATIONS. 3476. Grand Master. The Grand Master has power to issue dispensations to Rebekah Lodges in all similar in- stances in which he possesses such power in regard to Sub- ordinate Lodges.— 1898 Journal, 274, 281. 3477. Nomination, election and installation. District Deputy Presidents have no authority to grant dispensations to Lodges in their districts to nominate, elect and install officers the same evening. — 1898 Journal, 246, 278. 3478. To install one not nominated or elected. A Dis- trict Deputy President has no power to grant a dispensation to install into the office of Vice-Grand a sister who has not been either nominated or elected. Such action by the Deputy is absolutely without authority and inexcusable. — 1898 Jour- nal, 246, 278. 3479. To ballot for, elect and initiate. A District Deputy Grand Master of a Rebekah Lodge cannot grant a dispen- sation to receive the application of, ballot upon, and initiate a candidate on one and the same meeting night of fc Kebekah Branch. 8G1 the Lodge, unless this power is given by local legislation. — 1905 S. G. L. Journal, 44, 219, 243. 3480. Admission fees. A Rebekah Lodge cannot have a dispensation to reduce the admission fee for three months. —1894 Journal, 605, 734, 773. 3481. Series of socials. When a series of socials are given it is necessary to have a dispensation for each social. —1901 Journal, 411, 541, 567. 3482. To be in writing and also requests therefor. All dispensations should be in writing. A request for a dis- pensation should be in writing and under seal of the Lodge. —1903 Journal, 210, 216. 3483. Joint installations with Subordinate Lodges. Dis- trict Deputy Presidents have no authority to grant dispen- sations to hold joint installations with Subordinate Lodges, but may grant dispensations to hold public installations. — 1903 Journal, 216. 3484. Grand Lodge may grant power. A Grand Lodge may delegate to the President of the Rebekah Assembly the power ad interim to grant dispensations to Rebekah Lodges without the approval of the Grand Master (1898 S. G. L. Journal, 15752, 16096, 16143), and may delegate to the President of the Rebekah Assembly the power to grant permission to restore expelled members. — 1898 S. G. L. Journal, 15753, 16071, 16116. 3485. Raffle — Orphans' Home. A dispensation cannot be granted to raflfle a ring for the benefit of the Orphans' Home, the tickets to have the name 'of the Lodge printed thereon.— 1905 Journal, 746, 926, 944. 3486. Sale of tickets for benefit of Orphans' Home. A member of a Rebekah Lodge has not the right to have printed and to sell tickets in the name of the Order for the benefit of the Orphan's Home without a dispensation. — 1905 Journal, 746, 926, 944. 862 Rebekah Branch. DISTRICT DEPUTY GRAND MASTER. (See Officers of Rebekah Assembly; Work of the Degree.) DISTRICT DEPUTY PRESIDENT. (See Officers of Rebekah Assembly; Dispensations; Instal- lation; Rebekah Degree.) DUES. 3487. Dues, fractions of months, motion, By-Laws. Dues are fixed by the By-Laws of the respective Rebekah Lodges, and commence from the date of signing the Constitution. The effect of the By-Laws cannot be set aside by a mere motion. The effect of the By-Laws as to fractions of months cannot be set aside on motion. — 1903 Journal, 191, 204, 213. 3488. Reading names of members in arrears. It is not legal to read the names of members who are in arrears for dues and fines when the amount owed for dues, fines or assessments are equal to the amount of one year's dues. The names of members, subject to suspension for non-pay- ment of dues, fines, or assessments, can be read, as pro- vided by Clause 1, Section 10, Article VI, Constitution of Rebekah Lodges, only after such members shall have become delinquent in the payment of either dues, fines or assessments, for a full period of twelve months. — 1903 Journal, 24, 176, 210. 3489. When suspension for non-payment of dues is illegal. If a Lodge suspends a member for non-payment of dues on June 26th, he not being twelve months in arrears until July 1st, such. action is illegal. A Lodge cannot legally suspend a member for non-payment of dues until he is more than twelve months in arrears. — 1903 Journal, 189, 204, 213. 3490. Inmate of insane asylum, dues and suspension. A Lodge cannot legally suspend for non-payment of dues one of its members who is an inmate of an insane asylum. — 1903 Journal, 190, 204, 213. } Rebkkah Branch. 863 3491. Inmate of Odd Fellows' Home, dues and suspen- sion. If a member of a Rebekah Lodge becomes an inmate of the Odd Fellows' Home of California, such member can- not be legally suspended for non-payment of dues while an inmate.— 1903 Journal, 190, 204, 213. 3492. Laws governing Rebekah Lodges. All laws of the Sovereign Grand Lodge in regard to dropping or suspension for non-payment of dues- are extended to and govern Rebekah Lodges, the same as Subordinate Lodges. — 1893 S. G. L. Journal, 358, 393, 421. FEES. 3493. Reduction of admission fees. A Rebekah Lodge cannot have a dispensation to reduce the admission fee for three months.— 1894 Journal, 605, 734, 773. 3494. When admission fee to be returned. When the applicant does not appear in a reasonable time after notifica- tion, the Lodge should return to him the initiation fee, and by this act rescind his election to membership. — 1896 Jour- nal, 415, 587, 628 ; 1895 Journal, 25, 189, 234. FINANCE COMMITTEE, 3495. Its duty as to bills and accounts. It is the duty of the Finance Committee to examine all bills and accounts previous to their being passed upon by the Lodge. — 1905 Journal, 748, 926, 944. 3496. Minority report of Finance Committee. In the ab.sence of a majority report, a minority report of the Finance Committee cannot be accepted by a Lodge. — 1905 Journal, 747, 926, 927, 944. FLAG. 3497. Rebekah Lodge can purchase and use one. A Rebekah Lodge can purchase and float a flag emblematic of the Order, of the design prescribed by the Sovereign Grand Lodge, and hoist it at half mast on the death of a sister. — 1904 Journal, 369, 563, 569. 864 Rebekah Branch. FUNDS AND PROPERTY. 3498. Rebekah Lodge funds are trust funds — Refresh- ments. The funds of Rebekah Lodges are trust funds for the relief of distress and the kindred purposes mentioned in the Rebekah Code, and it would not be proper or lawful for a Rebekah Lodge to vote money from its general funds for refreshments when entertaining other Lodges or at installa- tion. If a Lodge has the five per cent contingent fund, it can lawfuly make such expenditures from such fund. — 1904 S. G. L. Journal, 537, 754, 820. 3499. Flowers for sick or deceased members. Rebekah Lodges may expend moneys from their general fund for the purchase of flowers for their sick or deceased members. — 1905 S. G. L. Journal, 226, 297, 323. 3500. Nurse fund for sisters. A Rebekah Lodge can make provision for a nurse fund for sisters only. — 1902 S. G. L. Journal, 539, 988, 1004. 3501. To aid institution of Lodge. A Rebekah Lodge may appropriate money or make a donation from its funds to aid the institution of a new Rebekah Lodge. — Kelton vs. Calaveras Rebekah Lodge, 1893 Journal, 347, 348, 363 ; 1898 Journal, 15, 204, 205, 215. 3502. Bill for robes. A Rebekah Lodge may expend its funds for any legitimate purpose at any regular meeting not contrary to its By-Laws, and the fact that the committee incurring the bill for robes was appointed at a special meet- ing does not in any manner affect the legality of the charge or the right of the Lodge to consider or pay the same at a regular meeting.— 1898 Journal, 14, 204, 205, 215. 3503. Bills for services. A bill *'for services rendered" is sufficiently specific to justify drawing a warrant on the treasury, if not objected to ; but it is the duty of the Noble Grand to see that all bills are paid from the proper fund. — 1898 Journal, 14, 204, 205, 215. 3504. Rebekah Veteran Jewel. Lodges are authorized to expend money from their general funds in the purchase of Veteran Jewels for presentation to such of their members Rebekah Branch. ^ 865 as are entitled to wear the same, subject to the provisions of any local laws governing the expenditure of Lodge funds.— 1900 S. G. L. Journal, 786, 827, 872. 3505. Jewel for member. A Rebekah Lodge has no right, except for a Veteran Jewel, to expend its funds for a jewel for a member.— 1897 Journal, 807, 994, 1034. 3506. Cannot donate to Christian Endeavor Society. A Rebekah Lodge cannot donate from its funds to a Christian Endeavor Society.— 1900 S. G. L. Journal, 509, 827, 873. 3507. Present to District Deputy President. A Rebekah Lodge cannot use its money for the purpose of making a present to the District Deputy.— 1898 Journal, 14, 204, 205, 215. 3508. Present to a Subordinate Lodge. A Rebekah Lodge, in consideration of ''love and affection," is not justified in making a present out of its general fund to a Subordinate Lodge, the latter being in funds and having money at interest.— 1902 Journal, 751, 916, 940. (See Errata.) 3509. Traveling expenses of installing officers. It is not legal for a Rebekah Lodge to appropriate its funds for the purpose of paying the traveling expenses of the installing officers, except the District Deputy President. — 1901 Jour- nal, 411, 541, 567. 3510. Donation by Subordinate Lodge — Purchase of tickets. A Subordinate Lodge may donate to Rebekah Lodge to aid them in purchasing necessary and appropriate paraphernalia for the work of the Rebekah Lodge, but has no right to buy tickets for a concert or ball for the purpose of raising funds for that purpose. — ^Leggett vs. Donner Lodpe, 1890 Journal, 443, 448. 3511. Special or Contingent Fund. Grand Lodges may authorize Rebekah Lodges to set aside five per cent of the receipts for dues for the Special or Contingent Fund. — 1897 S. G. L. Journal, 15171, 15534, 15584, 15613. XoTE.— As to Special or Contingent Fund, see note to Sec. 1472 of thia Digest. 65 866 Rebekah Branch. 3512. When may draw the five per cent from General Fund. It is not legal to draw any part of the five per cent of the annual income for dues, provided for in our By-Laws, from the General Fund for the Special or Contingent Fund before the end of the term.— 1898 Journal, 15, 204, 205, 215. 3512a. General Fund — Special Fund — Transfer — Loan. A Lodge cannot borrow money from the General Fund and transfer the same to the Special or Contingent Fund. — 1898 Journal, 14, 204, 205, 215. 3513. Moneys from socials and entertainments. It is legal for Rebekah Lodges to provide in their By-Laws that moneys received from socials and entertainments be placed in the Contingent Fund if the Grand Lodge of their juris- diction has expressly conferred the power on Rebekah Lodges or has conferred the necessary general power on the Rebekah Assembly, and if in the latter case the Assem- bly has taken action authorizing the same, but not otherwise. If any such power has been conferred specifically or gener- ally by the Grand Lodge, then provision can be inserted in the By-Laws. The same rule applies to Rebekah Lodges as to Subordinate Lodges — 1904 S. G. L. Journal, 546, 547, 752, 820. 3514. Funds cannot be appropriated for a ball, supper, entertainment, etc., but Contingent Fund may. The funds of a Rebekah Lodge cannot be legally appropriated for a ball, supper, entertainment, party or any other amusement. Such expenditures cannot be made, even upon the celebra- tion of the anniversary of the Order or institution of the Lodge. If the By-Laws of the Lodge provide that five per cent of the annual income from dues be set aside and placed in a special fund, this money can be expended for such purposes. Though the Rebekah Code provides that the Rebekah Lodge shall cultivate the social feature of the Order, it is not intended that this should give to it the license to expend its money for dinners, parties, entertain- ments, etc.— 1896 Journal, 417, 587, 628; Durwater vs. Evergreen Rebekah Lodge, 1895 Journal, 138, 178. Rebekah Branch. 867 3515. Music, parties, entertainments. A Rebekah Lodge cannot pay for music for a party out of the general funds of the Lodge. It is illegal to use the general funds for par- ties, entertainments, etc. — 1903 Journal, 24, 176, 210. FUNERAL. 3516. Proper badges at funeral for brothers and sisters. At the funeral of a member of a Rebekah Lodge the brothers should wear the badge appropriate to their stand- ing either in the Subordinate Lodge or Encampment. The brothers should not wear the funeral badge of the Rebekah Lodge; sisters alone wear this badge. — 1896 Journal, 418, 587, 628. Note. — The Sovereign Grand and sold as supplies — (1887 Lodge has adopted a Rebekah S. G. L. Journal, 10983, 11026, funeral service, which is printed 11031, 11037). FUNERAL BENEFITS AND EXPENSES. (See Benefits.) GRAND LODGE. 3517. Control of Rebekah Branch. A Grand Lodge can- not delegate the entire Rebekah branch to the control of Rebekah Assemblies.— 1895 S. G. L. Journal, 14241, 14487, 14570. 3518. Meetings to exemplify work. A State Grand Lodge may authorize any Rebekah Lodge within its jurisdiction to open a session of such Lodge, presided over by its officers, to meet at any place within its jurisdiction during the ses- sion and at the place of meeting of such Grand Lodge, for the purpose of exemplifying, in the presence of the mem- bers of the Order entitled to witness the same, the Rebekah work.— 1889 Journal, 66. 3519. The same — Member of Grand Lodge. No mem- ber of a Grand Lodge is entitled to witness such exempli- fication by reason of his being such member of or a representative to a Grand Lodge. — 1889 Journal, 66. 868 Rebekah Branch. 3520. Degree of Rebekah. The work of the Degree of Rebekah should not be rehearsed in the Grand Lodge. Those not in possession of it have no right to witness it. — 1889 Journal, 123, 165. GRAND MASTER. 3521. His powers and authority as to Rebekah Lodges. Be it enacted that the Grand Master shall have power to issue dispensations to Rebekah Lodges in all similar in- stances in which he possesses such power in regard to Sub- ordinate Lodges, and shall possess all powers and authority in regard to Rebekah Lodges, that he possesses in regard to Subordinate Lodges.— 1898 Journal, 274, 281. GRAND REPRESENTATIVES. 3522. To report to Rebekah Assembly. They are re- quired to report in writing to the Rebekah Assembly all legislation in regard to Rebekahs. — 1894 Journal, 735, 773. 3523. Elected delegate to Rebekah Assembly. Should a Grand Representative be elected by his Lodge as a Repre- sentative to the Rebekah Assembly, he should take the obli- gation of the Rebekah Assembly Degree before entering upon his duties as a member. — 1896 S. G. L. Journal, 14676, 14948, 15019. HONORS OF THE DEGREE. 3524. Officers of Rebekah Assembly and of Grand Lodge. The Honors of the Degree are to be given to officers of the Rebekah Assembly and to officers of the Grand Lodge when visiting officially and when so announced, and this includes officers conducting installations. If an officer of the Re- bekah Assembly or of the Grand Lodge should not be visit- ing officially, they should not so announce. — 1904 S. G. L. Journal, 536, 538, 752, 820. 3525. Officers outside of their own jurisdiction. The law providing for the honors of the Order, for elective and past elective officers of a Rebekah Assembly, contemplate that these honors shall be paid to elective and past elective I \ \ Rebekah Branch. officers of a Rebekah Assembly when visiting a Rebekah Lodge outside of their own jurisdiction, provided the visit is on official business, or in an official capacity. — 1905 S. G. L. Journal, 43, 219, 243. 3526. A District Deputy President. A District Deputy President, when visiting officially, is entitled to the Honors of the Degree.— 1904 S. G. L. Journal, 536, 537, 538, 752, 820. 3527. When admitting new members. It is permissible to illustrate the Honors of the Degree by giving them im- mediately after a new member is introduced to the Lodge, both for instruction to the new member and for practice, but with the understanding that they are then given not as an honor but for instruction and practice. — 1904 S. G. L. Journal, 536, 752, 820. HONORS OF THE OFFICE. (See Officers.) INITIATION. (See Rebekah Degree.) INSIGNIA. 3528. Three links. The law permits a sister of the Re- bekah Degree to wear the three links. — 1901 S. G. L. Jour- nal, 35, 36, 360, 371, 372. INSTALLATION. 3529. Positions in installation. Installing officers of Rebekah Lodges are authorized to fill various positions in the installation of officers of such Lodges with lady Past Noble Grands.— 1887 S. G. L. Journal, 10982, 11026. 3530. Cases of emergency. Only in cases of emergency can other than Past Grands or Past Noble Grands be per- mitted to act at the installation of officers. — 1902 S. G. L. Journal, 540, 988, 1004. 870 Rebekah Branch. 3531. Installing officers and Past Noble Grands. Install- ing officers, representing Grand Officers, should be Past Noble Grands. Escorts and minor officers need not be. — 1901 Journal, 411, 541, 567. 3532. Illegal installation. A Rebekah Lodge cannot in- stall its officers before the first regular meeting in a term. —1894 Journal, 604, 732, 771. 3533. Duty of District Deputy President. The District Deputy President should install the officers in each Lodge in her district, as it is the duty of that officer to see that each officer installed is fully qualified and that the reports of the Lodge are properly made out. — 1898 Journal, 14, 204, 205, 215. 3534. Officers not elected. A District Deputy President visiting a Rebekah Lodge in her district for the purpose of installing officers, and finding the officers have not been elected, may cause the Lodge to proceed to nominate and elect officers, after which she may install the officers. — 1905 Journal, 748, 926, 944. 3535. Past Grand may install. Any Past Grand in good standing may install the officers of a Rebekah Lodge, if he be a member of a Rebekah Lodge. — 1887 Journal, 768, 875, 888. 3536. When Past Grand or Past Noble Grand may install — ^District Deputy President absent. A Past Grand or Past Noble Grand in good standing in a Rebekah Lodge may, upon request from the Lodge, install the officers in the ab- sence of the District Deputy President. If the District Deputy President be not present at the first meeting in the term, courtesy toward that officer should continue the in- stallation until the next meeting. — 1898 Journal, 14, 204, 205, 215; 1903 Journal, 209, 216. 3537. Past Noble Grands. The Grand Master and Dis- trict Deputies may, at their option, request Past Noble Grands (sisters) to install the officers of Rebekah Lodges, r Rebekah Branch. 871 and such installations shall be as valid as though performed by a District Deputy.— 1886 Journal, 647, 661. 3538. In arrears for dues. A member who is in arrears for dues cannot legally be installed into finy office, but such arrearages do not excuse the member from serving upon committees.— 1895 Journal, 24, 189, 234. 3539. Noble Grand-elect absent. If on the night of in- stallation the Noble Grand-elect be absent from any cause, the Lodge may, if it see fit, proceed to elect another person to said office.— 1895 Journal, 26, 189, 234. 3540. Who may be present. At the installation of officers in a Rebekah Lodge, none but members of Rebekah Lodges can be present, except it be a public installation. —1889 Journal, 36, 123, 163, and Errata. 3541. Installing one not elected. A District Deputy President has no power to grant a dispensation to install into the office of Vice-Grand a sister who had not been either nominated or elected. Such action by the Deputy is absolutely without authority and inexcusable. — 1898 Journal, 246, 278. 3542. A member not qualified or eligible elected. Should a Rebekah Lodge elect to the office of Noble Grand a member who is not a Past Vice-Grand when there is a Past Vice-Grand in nomination for the office, the District Deputy should not install him or her.— 1881 Journal, 502, 601, 627. 3543. Joint installation — Subordinate Lodge — Rebekah Lodge. A joint installation is where the officers of several Lodges are installed by the same Deputy with the same ceremony at the same time and place. A Subordinate Lodge Deputy, as such, cannot install the officers of a Rebekah Lodge. Where a Subordinate Lodge and Rebekah Lodge install in the same hall on the same evening, and each Lodge by its own Deputy, the same is a public installation of offi- cers, and each organization should procure a dispensation from its respective Deputy.— 1898 Journal, 13, 221, 240. 872 Rebekah Branch. 3544. Charges and installation of Vice-Grand. A mem- ber who has been regularly and legally elected to the office of Vice-Grand must be installed, if she proves herself com- petent in accordance with the requirements of our law. The preferring of charges after her election does not stop her installation.— 1905 Journal, 746, 926, 944. 3545. Unwritten work and Vice-Grand. The Vice-Grand of a Rebekah Lodge is required to know the unwritten work of the degree.— 1896 Journal, 417, 587, 628; 1887 Journal, 770, 875, 880. 3546. Unwritten work and the charge of office. A Dis- trict Deputy President has a right to refuse to install a Noble Grand-elect or a Vice-Grand-elect who has not com- mitted to memory the charge of her office. The Deputies are expected to install into the office of Noble Grand or Vice-Grand no one who has not committed to memory the unwritten work and the charge of her respective office. — 1903 Journal, 190, 204, 213. 3547. Examination as to work — Past Noble Grand. When a Past Noble Grand may legally install an officer of a Rebekah Lodge, it is illegal for such Past Noble Grand to install such officer without the examination prior thereto of such officer as to her proficiency in the work. — 1899 Jour- nal, 466, 628, 675. 3548. Traveling expenses of installing officers and Dis- trict Deputy President. It is not legal for a Rebekah Lodge to appropriate its funds for the purpose of paying the traveling expenses of the installing officers, except the District Deputy President.— 1901 Journal, 411, 541, 567. 3549. Installation in Subordinate Lodge. The sisters of a Rebekah Lodge cannot be present at the installation of the officers of a Subordinate Lodge unless it be a public installation.— 1858 Journal, 331, 398. 3550. Not subject to Constitution of Subordinates. Rebekah Lodges are governed in the installation of their officers by Article IV, Sections 6 and 7, of the Constitution Rebekah Branch. 873 of Rebekah Lodges, and are in no way subject to the Con- stitution of Subordinates in the matter. — 1884 Journal, 16. 116, 153. (See Dispensations; District Deputy President.) INSTITUTION. (See Charter.) JEWELS. 3551. Jewel of Past Presidents of Rebekah Assemblies. Said jewel to be in form circular, of the diameter of 2i/^ inches ; on the face thereof, on the upper side of the circle, seven stars set in the center thereof with diamonds; on the immediate left of said stars a raised crescent ; on the extreme lower edge of said circle, a raised representation of a bee- hive ; and immediately thereunder, three links ; on the imme- diate left of said beehive, a raised figure of a lily, and on the immediate right, and on a line with the top of said beehive, the figure of a flying dove, holding in its bill an olive branch, the figure of which is to be cut into the surface of the jewel. The disc of said jewel to be milled; the back thereof to have inscribed thereon the words: ** Presented to (name of Past President, date of presentation) by (name of Assem- bly) Rebekah Assembly. "—1905 S. G. L. Journal, 349, 360; 1904 S. G. L. Journal, 743, 869, 870, 886. 3552. Rebekah Veteran Jewel — Who entitled thereto. Any sister who has been a member in good standing of a Rebekah Lodge for fifteen consecutive years shall be en- titled to wear a jewel, to be designated the Rebekah Veteran Jewel, I. O. O. F.— 1891 S. G. L. Journal, 12701. 3553. Rebekah Veteran Jewel. Of yellow metal, one and one-quarter inches in diameter. A round bar with pin is attached to the jewel by two chains of yellow metal, and between the chains is suspended the monogram, V. R. D. The round bar is enameled pink and green. In the center of the jewel are the figures 15, in white enamel, surrounded by an olive wreath on a dark ground. The outer edge of 874 Rebekah Branch. the jewel is finished with white enamel. The entire length of the jewel, including the bar and chains, is two and one- quarter inches. The design is patented and the jewel is sold by the Grand Secretary of the Sovereign Grand Lodge, on an order from a Grand Secretary. Prices: Plated, $3.50 J 8-carat gold, $10.00; 10-carat gold, $20.00; 14-carat gold, $25.00.-1903 S. G. L. Journal, 294, 315. 3554. Authority to sell. Grand Secretary of the Sov- ereign Grand Lodge is authorized to sell Rebekah Veteran Jewels on the order of the Secretary of a Rebekah Assembly in jurisdictions which have delegated to the Rebekah Assem- bly the right to handle Rebekah Lodge supplies; provided, that said Rebekah Assembly shall first provide for securing and retaining the record of membership necessary to entitle a sister to wear the Rebekah Veteran Jewel. — 1904 S. G. L. Journal, 776, 846. In this jurisdiction the Grand Lodge has delegated to the Rebekah Assembly, I. 0. 0. F. of California, the right to handle Rebekah Lodge supplies. — 1901 Journal, 583, 584, 589. 3555. A sister cannot own or wear D. D. G. M. Jewel. The District Deputy Grand Master's Jewel cannot be sold to be worn by a sister who is a District Deputy Grand Master in a Rebekah Lodge. All laws enacted upon this si:^ject re- fer only to brothers who have been appointed District Deputy Grand Masters.— 1901 S. G. L. Journal, 35, 360, 371, 372. (See Funds.) LIQUORS. (See Membership.) LOTTERY. 3556. Raffles unlawful. It is unlawful for a Rebekah Lodge to hold a raffle either at open meeting, closed meet- ing, or at any meeting whatsoever of the Lodge, either in the Lodge-room or ante-room or in any connection there- with. A Rebekah Lodge violating this law is guilty of in- k Rebekah Branch. 875 subordination and is liable to lose its charter. — 1898 Journal, 11, 12, 221, 240. (See Dispensations.) MARRIAGE. (See Name; Membership.) MEETINGS. (See Rebekah Lodge.) MEMBERSHIP. 3557. Proposing a person for membership. A person can be proposed for membership in a Rebekah Lodge by a mem- ber of another Rebekah Lodge.— 1905 Journal, 747, 926, 944. 3558. Report of Investigating Committee — Names of committee. When the report of an Investigating Committee is read by the Secretary, that officer must read the names of the committee and their report, whether favorable or unfavorable, thereby making known to the Lodge who re- ported unfavorably on the application. — 1905 Journal, 746, 926, 944. 3559. Discharge of Investigating Committee. When the report of an Investigating Committee is read, a motion to discharge the committee is not required. — 1905 Journal, 746, 926, 944. 3560. Favorable ballot when committees report unfavor- ably. When the report of the Committee of Investigation is unfavorable, the Lodge must proceed to ballot upon the application the same as upon a favorable report, and if the ballot results favorably the applicant must be declared elected.— 1902 Journal, 751, 916, 940. (See Errata.) 3561. Residence. A lady may apply for and receive the Degree of Rebekah as soon as she is a resident. — 1890 Jour- nal, 316, 407, 417, 436. 3562. Residence of brother. Any permanent resident of the district, designated in the charter of a Rebekah Lodge, 876 Rebekah Branch, being an Odd Fellow in good standing, is eligible for mem- bership in such Rebekah Lodge, regardless of the locality of his Subordinate Lodge.— 1878 Journal, 820, 928, 965. 3563. Time or duration of residence. No specified time is required to reside in a town to be eligible to join a Rebekah Lodge. It is only necessary that he or she be a bona fide resident.— 1905 Journal, 747, 748, 926, 944. 3564. Resident of another State. A Rebekah Lodge of this State may acquire as a member a person whose resi- dence is in another State, by obtaining the consent of the Grand Master of the State in which such person resides. —1903 Journal, 190, 204, 213. 3565. Wives of Odd Fellows. White women, who are wives of Odd Fellows in good standing, are eligible to mem- bership in Rebekah Lodges.— 1899 S. G. L. Journal, 31, 365, 394. 3566. A wife undeir 18 years of age. The wife of an Odd Fellow, who is not eighteen years of age, is eligible to mem- bership in a Rebekah Lodge.— 1905 Journal, 748, 926, 944; 1903 S. G. L. Journal, 397, 427, 428. 3567. Age of candidates for membership. Under the Rebekah Code, the wife of an Odd Fellow can be admitted to membership though she be not eighteen years of age (Section 6.) The age of eighteen years is, however, neces- sary to those who join under Subdivision 3, Section 6. — 1896 S. G. L. Journal, 418, 587, 628; 1889 S. G. L. Journal, 35, 123, 163; 1888 Journal, 1019, 1021, 1111, 1130, 1903 S. G. L. Journal, 427, 428, 397. 3568. The eighteen-year age limit. The eighteen-year age limit applies to all applicants except the wife of an Odd Fellow.— 1905 S. G. L. Journal, 44, 219, 243. 3569. Unmarried women. Any unmarried woman, whether any of her relatives belong to the Order or not, is eligible to membership in a Rebekah Lodge, if she be a white woman, eighteen years of age or more, and believe Rebekah Branch. 877 in a Supreme Ruler and Preserver of the Universe. — 1895 Journal, 25, 189, 234. (See Offenses, Section 3684.) 3570. Certificate of relationship from unmarried ladies. It is contrary to the laws of our Order for a Rebekah Lod^e to demand or require a certificate of relation from unmar- ried ladies, and a Lodge persisting in such demand is guilty of insubordination.— 1898 Journal, 15, 204, 205, 215. 3571. A widow. A widow — an unmarried woman — is en- titled to be admitted to a Rebekah Lodge, although her husband was not an Odd Fellow in good standing at the time of his death.— 1895 S. G. L. Journal, 14239, 14487, 14570. 3572. Widow. A widow — an unmarried woman — is elig- ible to membership in a Rebekah Lodge, although she has no relation as a basis for application. — 1904 S. G. L. Jour- nal, 537, 752, 820. 3573. * ' Grass widow. " If by * ' grass widow ' ' is meant one living apart from her husband, he being alive, she is not eligible to membership.— 1896 S. G. L. Journal, 14676, 14948, 15019. 3574. Wife of non-Odd Fellow. If an applicant has never received the degree, she being married and her husband not an Odd Fellow, she is not eligible to membership. — 1896 S. G. L. Journal, 14675, 14949, 15019. 3575. Divorced woman. A woman divorced absolutely from her husband is an "unmarried woman" and eligible to membership in a Rebekah Lodge.— 1896 S. G. L. Journal, 14675, 14975, 15069; 1899 S. G. L. Journal, 31, 365, 394. 3576. Wife of Odd Fellow, though living separate from husband. A married lady who does not live with, but is not divorced from her husband (who is an Odd Fellow), and is likewise the sister of an Odd Fellow, in seeking membership in a Rebekah Lodge may apply as the wife or as the sister of an Odd Fellow, as she may choose. — 1902 Journal, 538, 993, 1006. 878 Rebekah Branch. 3577. Daughter, sister and mother of Odd Fellow. The daughter, sister or mother of an Odd Fellow, in good stand- ing, or who died in good standing, are eligible to member- ship if over eighteen years of age, though married to a man not an Odd Fellow.— 1900 S. G. L. Journal, 509, 827, 873; 1904 S. G. L. Journal, 536, 752, 820 ; 1905 S. G. L. Journal, 43, 219, 243 ; 1905 Journal, 745, 748, 926, 944. 3578. Legally adopted daughter of Odd Fellow. The legally adopted daughter of an Odd Fellow, in a jurisdiction where the laws provide that such child possesses all the rights of a natural-born child, is eligible to membership in a Rebekah Lodge.— 1900 S. G. L. Journal, 510, 827, 873. 3579. Stepmother of Odd Fellow. A married woman, not the wife of an Odd Fellow, is not entitled to membership be- cause she is the stepmother of an Odd Fellow. — 1900 S. G. L. Journal, 508, 827, 873. 3580. Married stepdaughter. A married stepdaughter is not eligible to membership in a Rebekah Lodge. — 1901 Jour- nal, 411, 541, 567. 3581. A wife a half-breed Indian. A half-breed Indian, the wife of an Odd Fellow, is not eligible to membership in a Rebekah Lodge.— 1889 Journal, 35, 123, 163. Note. — A woman of mixed standing, is not eligible to mem- blood, Indian or negro, who is the bership — (1895 S. G. L. Journal, wife of an Odd Fellow in good 14240, 14487, 14570). 3582. Daughter of saloonkeeper. A lady who is the daughter of a saloonkeeper is not by that fact ineligible to membership.— 1899 S. G. L. Journal, 32, 365, 394. 3583. Saloon business prior to September 18th, 1895, and since. A brother who was engaged in the saloon business prior to September 18th, 1895, and who since has been con- tinuously engaged in the business, is eligible to membership in a Rebekah Lodge.— 1903 Journal, 23, 176, 210 ; 1900 Jour- nal, 25, 213, 232. 3584. A saloonkeeper — A barkeeper. A brother who was in good standing in the Order at the time of the enacting of Rebekah Branch. 879 the Liquor Law of 1895, and who, prior thereto and at all times since has been engaged in the liquor business, is eligible to nlembership in a Rebekah Lodge upon an expired With- drawal Card, he being otherwise qualified at the time of making application.— 1898 Journal, 12, 221, 240. 3585. Brother of the Initiatory Degree. A brother who has received the Initiatory Degree in his Subordinate Lodge is eligible to membership in a Rebekah Lodge. — 1905 Jour- nal, 745, 926, 944. 3586. One who received the degree marries a non-Odd Fellow. A lady who has heretofore received the Degree of Rebekah, and is not now a member of a Lodge, and who, since receiving the degree has married a man not an Odd Fellow, is eligible to membership. — 1896 Journal, 415, 587, 628. 3587. Expelled members. The part of Section 6, Rebekah Code, ''all persons who have received the Degree of Re- bekah," does not embrace an expelled Odd Fellow who once had the degree, nor his wife if she had been expelled, though she may have had the degree. — 1895 S. G. L. Journal, 14241, 14487, 14570. 3588. Suspended, or expelled, and Dismissal Certificate. Though a person has once had the Degree of Rebekah, if such person be now under expulsion or suspension from the Order, either for cause or for non-payment of dues, such per- son is not eligible to membership in another Rebekah Lodge without first becoming reinstated within her own Lodge, or receiving a Dismissal Certificate therefrom" — 1896 Journal, 416, 587, 628. 3589. When wife of expelled member not eligible. The wife of a member who has been expelled for contempt, and who has deserted his family, cannot become a member of a Rebekah Lodge, if she have not the degree already, although she may possess the requisite good moral character. She occupies no better position than if her husband had never been a member of the Order.— 1882 Journal, 841, 875. 880 Rebekah Branch. 3590. Expelled member to regain membership. A brother expelled from his Subordinate Lodge, his membership in the Rebekah Lodge terminates. To regain membership therein, after being reinstated in his Subordinate Lodge, he must petition the Rebekah Lodge for admission as provided by Article VI, Section 7, Constitution of Rebekah Lodges. — 1905 Journal, 747, 926, 944. 3591. Members of defunct Lodges. They can regain mem- bership by obtaining Withdrawal Cards, Dismissal Certifi- cates or defunct certificates, as provided in Sections 806 to 810 of this Digest. 3592. Grand Lodge card. A sister may join a Lodge upon a card issued by a Grand Lodge to her as a member of a de- funct Lodge of the jurisdiction of the Grand Lodge. — 1898 Journal, 68, 246, 278. 3593. Wife of Odd Fellow holding unexpired or expired Withdrawal Card. The wife of an Odd Fellow who holds a Withdrawal Card, unexpired or expired, from his Subordi- nate Lodge, is not eligible to membership. — 1902 S. G. L. Journal, 538, 539, 988, 1004. 3594. A sister holding expired Withdrawal Card. A sis- ter who has an expired Withdrawal Card must gain ad- mission into a Rebekah Lodge in the same manner as an Ancient Odd Fellow into a Subordinate Lodge. — 1905 Jour- nal, 747, 926, 944. 3595. A lady who holds an expired or unexpired With- drawal Card marries. A lady who holds a Withdrawal Card, expired or unexpired, is eligible to membership in a Rebekah Lodge, and the question as to whether she has married an Odd Fellow or a non-Odd Fellow in no way affects her eli- gibility.— 1898 Journal, 15, 204, 205, 215. 3596. Expired Withdrawal Card — Defunct Lodge. A person can make application for membership on an expired Withdrawal Card, issued by a Lodge, since defunct. — 1905 Journal, 748, 926, 944. I Rebekah Branch. 881 3597. Expired Withdrawal Cards of husband and wife. A wife has an expired Withdrawal Card from her Rebekah Lodgre. Her husband has an expired Withdrawal Card from his Subordinate Lodge. She can regain membership in a Rebekah Lodge, without her husband first joining a Subor- dinate Lodge.— 1895 S. G. L. Journal, 14241, 14487, 14514, 14570. 3598. Withdrawal Cards from Subordinate and Rebekah Lodges. A brother holding a live Withdrawal Card from a Subordinate Lodge, and also a live Withdrawal Card from a Rebekah Lodge, cannot join a Rebekah Lodge by deposit of card, without first having renewed his membership in a Subordinate Lodge. To join a Rebekah Lodge he must be a member of a Subordinate Lodge. — 1897 S. G. L. Journal, 15172, 15534, 15584, 15613. 3599. Wife and husband hold Withdrawal Cards from Rebekah Lodge. The wife of a husband, both of whom once belonged to a Rebekah Lodge, but took W^ithdrawal Cards, now out of date, can join a Rebekah Lodge. — 1895 S. G. L. Journal, 14240, 14487, 14570. 3600. Eligibility of husband and wife when husband's Subordinate Lodge becomes defunct. If the Subordinate Lodge to which a brother belonged has become defunct, and both he and his wife have received the degree, the wife is eligible for membership in a Rebekah Lodge upon produc- tion of proof of being in possession of the degree. The hus- band is eligible when he becomes a member in good standing in a Subordinate Lodge.— 1896 S. G. L. Journal, 14676, 14949. 15067. 3601. Wife — Husband — Subordinate Lodge refused char- ter. A Rebekah Lodge cannot act upon the report of its committee and receive into membership the wife of a brother of a Ijodge acting, at the time of application, under dis- pensation, but whose Grand Lodge refused it a charter be- fore the Rebekah Lodge had acted on the report of the com- mittee.— 1896 S. G. L. Journal, 14673, 14949, 15067. 56 882 Rebrkah Branch. 3602. Wife of a suspended member. The wife of a sus- pended member, if she have never had the degree, is in- eligible until her husband regains full membership. — 1896 S. G. L. Journal, 14676, 14949, 15019. 3603. By deposit of card. A person desiring to join a Rebekah Lodge by deposit of card, makes out the usual form of petition and inserts therein by ''Deposit of Card." Such person if elected, is then notified of such election, and should be introduced to the Lodge by the Warden, after which he or she signs the Constitution. — 1896 Journal, 417, 487, 628. 3604. By deposit of card when card lost. A person de- siring to join a Rebekah Lodge by deposit of card, which card has been lost, should write to the Lodge which issued said card, obtaining therefrom a certificate, under the seal of the Lodge, that on a certain date such person had been issued a Withdrawal Card from said Lodge. This presented witli the petition for membership in the Rebekah Lodge would be sufficient evidence to elect such person a member by deposit of card.— 1896 Journal, 418, 587, 628. 3605. Introducing members by card. A gentleman and lady, joining a Lodge by card, should be introduced as brother and sister before they have signed the Constitution. —1905 Journal, 747, 926, 944. 3606. Visiting Card — OflBcial certificate. A member of a Rebekah Lodge can take a Visiting Card and deposit it in another Lodge, and then, if elected, he or she must obtain a Withdrawal Card before he or she can be admitted to the other Lodge as a member.— 1897 Journal, 809, 1000, 1046. Official certificate is sufficient guarantee of good standing to accompany petition for membership in a Rebekah Lodge in another jurisdiction.- 1899 S. G. L. Journal, 29, 365, 394. 3607. New law of transfer of membership by card. The law of the Sovereign Grand Lodge of 1904, Transfer of Mem- bership by Card (see S. G. L. Journal of 1904, page 761, and see, also, note to Section 1856 of this Digest), does not apply b I Rebekah Branch. S83 to Rebekah Lodges or the Rebekah Branch of the Order. — 1905 S. G. L. Journal, 23, 219, 243, 39, 40, 43. 3608. Visiting Card. A sister of a Rebekah Lodge in another jurisdiction and holding a Visiting Card, wishing to join a Lodge in this jurisdiction, may make application and be balloted for in the second Lodge before she applies for a Withdrawal Card from the Lodge of which she is a member.— 1893 Journal, 277, 391, 421. (See Note to Section 1889.) 3609. A brother an applicant and certificate of good standing. When a brother applies for membei^ship in a Re- bekah Lodge he should accompany his petition with a certifi- cate of good standing issued by the Subordinate Lodge of which he is a member. — 1896 Journal, 417, 587, 628. 3610. Certificate of good standing — Official receipt. Though the official receipt is sufficient evidence of the brother's standing, yet a certificate, under seal of the Lodge to be filed by the Secretary of the Rebekah Lodge, should accompany an application for membership. — 1905 Journal, 746, 926, 944. 3611. Certificate of good standing — Withdrawal Card. A brother applying for admission to a Rebekah Lodge upon a Withdrawal Card must furnish a certificate showing that he is in good standing in a Subordinate Lodge. Good standing in a Subordinate Lodge is his basis of admission to a Re- bekah Lodge.— 1898 Journal, 15, 204, 205, 215. 3612. A wife an applicant and certificate of husband's good standing. If the wife of an Odd Fellow apply for mem- bership in a Rebekah Lodge, she should accompany her peti- tion with a certificate from a Subordinate Lodge, certifying that her husband is an Odd Fellow in good standing of such Lodge.— 1896 Journal, 416, 587, 628 ; 1895 Journal, 25, 189, 234. 3613. Wife of member of Rebekah Lodge— Certificate. The wife of a member of a Rebekah Lodge is not entitled to 884 Rebekah Branch. be admitted into the Lodge without a certificate of her hus- band's good standing from his Subordinate Lodge. — 1890 Journal, 315, 410, 436. 3614. Reinstating suspended sister — Certificate. To rein- state a suspended sister to membership a certificate of her husband's good standing in his Subordinate Lodge is not required.— 1903 Journal, 33, 284, 314. 3615. Applicant who did not sign the application for membership. An application for membership was presented to a Lodge and a committee of investigation was appointed. At the next meeting of the Lodge the committee were granted further time in which to report. Some of said com- mittee then called upon the applicant and requested her to withdraw her application, stating that some of the members objected to her becoming a inember. She refused to with- draw the application. At the next meeting the committee reported favorably on the application. Before the ballot was had some one inquired if the applicant had signed the appli- cation, when the proposer of the applicant stated that when she got the application blank from the Secretary she stated that she would take it to the applicant and have her sign it and fill it out ; that the Secretary stated to her that that was not necessary, that the proposer could sign it, as most of the applications were not signed by the applicants. A ballot was then had and the applicant was declared elected, and the Secretary notified her to appear for initiation at the next meeting of the Lodge. She was elected, even though she had not signed the application in the first place, she had adopted it as her application when she refused to withdraw it, and if she had been rejected she could not have taken advantage of the failure to sign.— 1904 Journal, 369, 588. 3616. Candidate must present petition. Those who have taken the Degree of Rebekah in the Subordinate Lodge can- not become members of a Rebekah Lodge without presenting a petition and having it regularly acted upon. — 1880 Jour- nal, 256, 359, 375. I Rebekah Branch. 885 3617. Applicant for membership without proper certifi- cate rejected. It is necessary to accompany a brother's application for membership in a Rebekah Lodge, whether by deposit of card, or otherwise, with a certificate of good standing in his Subordinate Lodge. Where a brother knowingly or inadvertently failed to file such a certificate with his application, but did file a certificate of his good standing in a Rebekah Lodge, and the Lodge, believing the proper certificate to be on file, appointed a Committee of Investigation and received and accepted the report thereof, and balloted upon the ap- plication, which ballot resulted in the rejection of the appli- cant, the brother cannot take advantage of his own wrong or neglect, and have the action of the Lodge set aside or declared illegal.— 1901 Journal, 412, 556, 562. 3618. Such rejected applicant cannot renew his applica- tion for six months. When such ballot was taken and the applicant rejected, no one questioned at that meeting the legality or regularity of the ballot, and the Lodge adjourned under the impression that the petition had been definitely acted upon. A ballot accepted de facto becomes by law after the close of the evening de jure, and cannot be repudiated, but may be reconsidered, as provided in Article III, Section 4, Constitution of Subordinates. A brother, after his appli- cation has been voted upon and rejected, cannot take advan- tage of his failure to file with his application the required certificate of good standing. The applicant stands rejected and is subject to the law in such cases, which provides that a candidate rejected cannot renew his application for mem- bership until the expiration of six months after such rejec- tion.— 1901 Journal, 412, 413, 556, 562. 3619. Rejected applicants — New application. Rejected applicants for membership cannot apply again under six months.— 1900 S. G. L. Journal, 510, 827, 873. 3620. Rejected applicant and charter member of new Lodge. If a candidate for membership by deposit of card be black balled in a Rebekah Lodge, she cannot become a char- 886 Rebekah Branch. ter member of a new Lodge, instituted in the same town two months after.— 1903 Journal, 190, 204, 213. 3621. Refusal of Rebekah Lodge to reinstate — Applica- tion to another Lodge upon Dismissal Certificate. Section 24 of the Rebekah Code does not prevent a brother, who has asked to be reinstated in his Rebekah Lodge and been refused, and who has demanded and received a Dismissal Certificate and paid the price required by Section 26, from applying upon that certificate to another Rebekah Lodge for membership immediately. He need not wait six months. — 1896 S. G. L. Journal, 14673, 14948, 15019. 3622. Persons elected must present themselves for initia- tion within a reasonable time. A person elected to member- ship must present himself for initiation within a reasonable time, or the application shall be deemed to be withdrawn and the fee returned. A person having applied in 1895, and paid the fee then required, but having failed to present himself for initiation, must now apply in regular form and be bal- loted for again — pay the initiation fee now required, al- though the fee formerly paid was not returned — the Lodge, of course, giving the applicant credit for the amount former- ly paid.— 1898 Journal, 15, 204, 205, 215. 3623. Elected to become a member — Lapse of time — Re- ballot. There is no law which renders the election of a per- son to membership by initiation void on account of lapse of time ; if, however, there has been considerable time between the election and the time the candidate appears for initiation, the Lodge should reballot upon the petition, which they are authorized to do at any time previous to the admission. — Rebekah Constitution, Art. Ill, Sec. 4; 1896 Journal, 415, 587, 628. 3624. Elected applicant — Return of initiation fee. If the person do not appear in a reasonable time after notification, the Lodge should return to the petitioner the initiation fee, and by this act rescind its action in electing a person to membership.— 1896 Journal, 415, 587, 628. Rebekah Branch. 887 3625. Initiation fee returned. When the election of a candidate for membership is rendered void, on account of his or her non-appearance for initiation, the fee should be re- turned.— 1895 Journal, 25, 189, 234. 3625a. Illegally initiated. A person who has not been bal- loted for and elected to membership in a Rebekah Lodge who has been initiated by mistake and without fault on the part of the person so initiated is a member. — 1898 Journal, 15, 204, 205, 215. 3626. A member illegally joins another Lodge. A sister who had not applied for nor received a card from her Lodge, applied to become a member of another Lodge by initiation and is duly elected. She is a member of the first Lodge, as she did not legally become a member of the second Lodge. The Grand Master should notify the second Lodge to strike her name from the roll of membership and notify the Lodge to which she belongs to prefer charges against her. — 1898 S. G. L. Journal, 15753, 16071. 3627. Sister illegally initiated. A lady, with others, was admitted and initiated. There had been no petition or ap- plication from her, no Investigating Committee or ballot in regard to her. She is a member. If she has been guilty of fraud in obtaining admission, she is liable to charges and punishment.— 1899 S. G. L. Journal, 30, 365, 394. 3628. A lady ineligible initiated. A lady admitted to membership by error on the part of the D. D. G. M. and innocently on her part, should not be expelled. — 1902 S. G. L. Journal, 539, 988, 1004. 3629. Standing of husband and wife's standing. The standing of a brother does not affect the standing of his wife in the Rebekah Lodge of which she is a member. — 1898 Journal, 68, 72, 246, 278. 3630. A sister marries a non-Odd Fellow. Should a sister, a member of a Rebekah Lodge, marry a man who is not an Odd Fellow, she does not thereby forfeit her mem- 888 Rebkkah Branch. bership in the Lodge.— 1889 Journal, 35, 122, 163 ; 1883 Jour- nal, 1003, 1150, 1174; 1882 Journal, 846, 853, 881; 1880 Jour- nal, 257, 359, 375 ; 1884 Journal, 12, 18, 116, 153. Note. — The marriage of a sis- in the Lodge — (1898 S. G. L. ter with a man not an Odd Fel- Journal, 15753, 1G071, 16116). low does not affect her standing 3631. Sister's rights as to office and membership — Hus- band. A sister can retain membership in her Rebekah Lodge and hold office therein, irrespective of the standing of her husband in the Order. — The suspension or expulsion of a brother does not affect the standing of his wife. — 1880 Jour- nal, 257, 359, 375 ; 1883 Journal, 1003, 1150, 1175. 3632. Brother's Withdrawal Card and membership. At the expiration of one year from the date of the issuance of a Withdrawal Card by a Subordinate Lodge, the membership of a brother in a Rebekah Lodge ceases. When the brother shall have been restored to membership in his Subordinate Lodge, and not until then, he will be entitled to reinstate- ment in his Rebekah Lodge in the manner and upon the terms fixed by the Constitution and By-Laws of the latter. — 1893 Journal, 358, 393, 421. 3633. The same. A brother taking a Withdrawal Card from his Subordinate Lodge can retain membership in a Re- bekah Lodge for only one year, and during that year his membership is in no wise disturbed in his Rebekah Lodge on account of such withdrawal. To retain his membership in a Rebekah Lodge he must deposit his card in some Subordi- nate Lodge within one year. — 1897 Journal, 805, 1000, 1046 ; 1899 Journal, 467, 630, 675. 3634. A brother's standing in the Rebekah Lodge. A brother's standing in the Rebekah Lodge depends upon his continuous good standing in a Subordinate Lodge in good standing, except in case of a brother holding a Withdrawal Card in date, his membership in a Rebekah Lodge is not affected thereby, provided he keep his dues in the Rebekah Lodge paid for one year from date of Withdrawal Card. — 1897 S. G. L. Journal, 15171, 15534, 15584, 15613. Rebekah Branch. «89 3635. Withdrawal Card — Dues — Suspension. A brother taking a Withdrawal Card from his Subordinate Lodge re- tains his membership in his Rebekah Lodge for one year thereafter; but he must keep in good standing in his Re- bekah Lodge in that year, or he may be suspended for non- payment of dues. To retain membership in his Rebekah Lodge, he must deposit his card with some Subordinate Lodge within the year.— 1898 Journal, 72, 246, 278. 3636. Expelled or suspended in Subordinate Lodge. If a brother is suspended on charges or expelled from his Sub- ordinate Lodge, his membership terminates at once in his Rebekah Lodge.— 1903 S. G. L. Journal, 34, 284, 314; 1899 Journal, 467, 630, 675. 3637. When brother suspended for a year for cause. A member of a Subordinate Lodge who has been suspended therefrom for any cause whatever, for the term of one year, shall stand suspended from any Rebekah Lodge within this Grand Jurisdiction, to which he may belong. — 1891 Journal, 715, 718, 731. 3638. Suspended for cause in Subordinate Lodge. A brother suspended for cause from his Subordinate Lodge stands suspended from his Rebekah Lodge during the same period, according to Section 10, Rebekah Code. During the period of his suspension he must pay his dues in both Lodges, or he may be suspended for non-payment of dues. At the expiration of the period of suspension the brother is rein- stated in both Lodges without a vote, provided he has kept his dues paid in both. — 1897 Journal, 807. 3639. Resigns from Subordinate Lodge. If a brother re- signs from his Subordinate Lodge his membership ceases immediately in his Rebekah Lodge. — 1899 Journal, 467, 630, 675. 3640. Suspended for non-payment of dues in Subordinate Lodge — Reinstatement. When a brother is suspended from his Subordinate Lodge for non-payment of dues, and even though his dues may be paid in advance in his Rebekah 890 Rebekah Branch. Lodge, his membership ceases in the Rebekah Lodge with his suspension from the Subordinate Lodge, and he is not entitled to visit or take any active part as a member in his Rebekah Lodge. Should he become reinstated in his Sub- ordinate Lodge within one year from the time of his sus- pension, and no other disability rests against him in his Re- bekah Lodge, then, on account of such reinstatement in his Subordinate Lodge, he becomes ipso facto reinstated in his Rebekah Lodge. (That the laws relative to membership of brothers in a Rebekah Lodge may be fully carried out, it becomes necessary for the Secretaries of both the Subordi- nate and Rebekah branches of the Order to carefully per- form the duties assigned them in a proper exchange of notices as required by law.) — 1899 Journal, 467, 630, 675. 3641. Husband suspended by Rebekah Lodge. A wife's standing is not affected by her husband being dropped from the roll of a Rebekah Lodge for non-payment of dues. —1884 Journal, 12, 116, 153. 3642. Reinstatement. The legislation of the Sovereign Grand Lodge providing for the reinstatement of brothers suspended for non-payment of dues is applicable to Rebekah Lodges.— 1897 S. G. L. Journal, 15172, 15534, 15584, 15613. 3643. By-Laws and terms of reinstatement. Rebekah Lodges may provide in the By-Laws the terms of reinstate- ment.— 1895 S. G. L. Journal, 14241, 14487, 14570. 3644. Grand Lodge's control of the question. As to the Grand Lodge's control of the question of the reinstatement of members suspended for non-payment of dues as given by legislation of the Sovereign Grand Lodge in 1902, see Sec- tions 1914 and 1915 of this Digest. 3645. Reinstatement within one year. An application for reinstatement in a Rebekah Lodge may be made orally, if made within one year after suspension for non-payment of dues, and accompanied with the amount of one year's dues. —1898 Journal, 14, 204, 205, 215. Rebekah Branch. 891 3646. Amount of dues to be paid to be reinstated. A brother or sister suspended for non-payment of dues and thereafter the dues were changed, to be reinstated within one year thereafter, they must pay the one year's dues re- quired at the time of their reinstatement. — 1894 Journal, 604, 734, 773; 1876 Journal, 391, 474, 508: Constitution Re- bekah Lodges, Art. VI, Sec. 10, Clause 2. 3647. Introduction. It is not necessary when a member is reinstated to introduce him. — 1903 Journal, 209, 216. 3648. When cannot refuse to reinstate. A Lodge cannot by vote refuse to reinstate a member who has been suspended for non-payment of dues, the member not being twelve months in arrears at time of such suspension. — 1903 Journal, 189, 204, 213. 3649. A sister who marries a non-Odd Fellow and is thereafter suspended, reinstated. A sister who marries a man not an Odd Fellow, and is thereafter dropped from member- ship for non-payment of dues, may be re-instated in her Lodge. Once having had the degree entitles her to regain membership.— 1896 Journal, 416, 587, 628. . 3650. Suspended for non-payment of dues — Marries — Re- instated. A sister who was suspended for non-payment of dues, and marries a person not a member of the Order, can be reinstated.— 1904 Journal, 369, 563, 569. 3651. Husband and wife suspended by Rebekah Lodge — Wife restored to membership. Husband and wife joined a Rebekah Lodge ; subsequently both were suspended for non- payment of dues. She may be restored, notwithstanding his suspension, after she became a member; his standing cannot affect hers.— 1889 Journal, 35, 122, 136. 3652. Husband suspended by Subordinate Lodge — Wife suspended — Wife reinstated. On account of the non-payment of her dues, a sister stands suspended from membership in her Lodge, in which she obtained membership, by reason of her marital relation to an Odd Fellow. Her husband was 892 Rebekah Branch. suspended from his Subordinate Lodge. The husband's standing in his Lodge does not affect her standing in the Rebekah Lodge either one way or the other. She is eligible for reinstatement. — 1895 Journal, 24, 189, 234. 3653. How suspended member may join another Lodge. A brother or sister who has been suspended from a Rebekah Lodge for non-payment of dues, cannot become a member of another Rebekah Lodge without first obtaining a Dismissal Certificate or being reinstated and receiving a Withdrawal Card from the Lodge in which he or she was suspended. — 1888 Journal, 1020, 1111, 1130; 1895 Journal, 24, 189, 234. 3654. Suspended for non-payment of dues and initiation. It is not legal for a sister who has been suspended for non- payment of dues to join another Lodge by initiation. She must either be reinstated in the Lodge from which she is sus- pended and take a Withdrawal Card, or obtain a Dismissal Certificate and join by deposit of card or certificate. — 1903 Journal, 23, 176, 210. 3655. Suspended for non-payment of dues, initiation and election to office. A member suspended for non-payment of dues in one Rebekah Lodge cannot be initiated into, and elected and installed into office, in another Rebekah Lodge. Such admission, election and installation are illegal and void. Such suspended member is not an officer or member of the Lodge that admitted, elected and installed her. — 1903 Jour- nal, 209, 216. 3656. Suspended for non-payment of dues and initiation. If a member stands suspended from a Rebekah Lodge in another jurisdiction, it is not proper or lawful for her to make application and enter a new Lodge in this State as an initiate on the night of institution. — 1903 Journal, 189, 204, 213. 3657. Members suspended for non-payment of dues g,nd members of a defunct Lodge. Where persons suspended from a Rebekah Lodge for non-payment of dues and others members of a defunct Rebekah Lodge joined a Rebekah I I Kebekah Branch. 803 Lodge as new members they are not legally members of the Lodge, and their membership should be cancelled. In the case of those who are suspended for non-payment of dues, they can apply for a Dismissal Certificate from the Lodge which suspended them and then the Lodge can elect them to membership on such certificates. Those who are members of a Lodge which has surrendered its charter may obtain a Grand Lodge Card from the Grand Secretary, which card they may deposit with any Lodge they wish. — 1905 Journal, 747, 926, 944. 3658. Lodge may refuse to reinstate expelled member. It is legal for a Rebekah Lodge to refuse to reinstate a sister who was under suspension for two years, and who appealed to the Grand Lodge, which reinstated her, if, pending such appeal, other charges were preferred against her and she was expelled.— 1897 S. G. L. Journal, 15171, 15534, 15584, 15613. 3659. May resign. A member can resign membership in a Rebekah Lodge without taking a Withdrawal Card. — 1890 Journal, 315, 410, 436. 3660. No cancelling membership by erasing of name. If a person tender his resignation from membership in a Re- bekah Lodge the Lodge should grant it if there be no charges pending against the applicant. There is no such thing as cancelling membership by erasing the name of the person from the records.— 1896 Journal, 418, 587, 628. 3661. Resignation must be in writing — No expense. A member of a Rebekah Lodge who has paid all demands again.st him or her, may resign his or her membership, but such resignation must be in writing. No expense is attached to such resignation.— 1897 Journal, 806, 1000, 1046. 3662. Certificate of resignation. No charge shall be made for a certificate of resignation of membership. — 1904 Jour- nal, 369, 563, 569. 3663. When must accept resignation. A member clear on the books of a Lodge can resign his or her membership in 894 Rebekah Branch. the Lodge without first applying for a Withdrawal Card, and the Lodge must accept his or her resignation. He cannot be compelled to apply or pay for a Dismissal Certificate or Withdrawal Card, but is entitled to a certificate of resigna- tion without charge.— 1897 Journal, 804, 1030, 1054; 1898 Journal 14, 204, 205, 215. 3664. May resign before applying for Withdrawal Card. A member of a Rebekah Lodge, in good standing, can re- sign from membership in the Lodge without first applying for a Withdrawal Card. And the resignation of a member can be accepted, even if a final card have been refused. — 1886 Journal, 610, 625, 647. 3665. May apply for membership after resignation. Where a brother pays up his dues in a Rebekah Lodge, and at his request is dropped from membership, he can join another Lodge thereafter by making application and depositing therewith his certificate of resignation. — 1893 Journal, 277, 278, 391, 421. 3666. A member who has resigned, how readmitted. A sister can regain membership in a Rebekah Lodge, after hav- ing resigned her membership, by making application the same as on a Withdrawal Card and as an Ancient Rebekah. —1904 Journal, 369, 563, 569. 3667. Resignation and applying for admission to same Lodge. A person who has resigned from a Rebekah Lodge may apply for membership in the same Lodge, and it is not necessary to initiate him or her again if he or she can pass a satisfactory examination in the work, otherwise it would be proper to initiate him or her. — 1901 Journal, 411, 541, 567. 3668. Members of Lodge whose charter was arrested. A dispensation must be obtained from the Grand Master to receive the applications of members of a Rebekah Lodge whose charter has been arrested by the Grand Lodge. Said applications must then be acted upon as in the case of new applications for membership. — 1905 Journal, 745, 746, 926, 944. Rebkkah Branch. 895 3669. Receiving proposition or acting on report or ballot- ing for membership at special meetings. See Ballot and Voting:, Section 3404. 3670. Signing the Constitution. Expulsion, resignation or the taking of a Withdrawal Card severs the member's connection with a Lodge, therefore a former member cannot regain membership after expulsion, resignation, or the tak- ing of a Withdrawal Card, without signing the Constitution of a Lodge which he or she joins, whether he or she join another Lodge or the one to which he or she formerly be- longed.— 1895 Journal, 24, 189, 234. 3671. Non-beneficial members. Members in a Rebekah Lodge are each and all of the same consideration. There is no such membership in Rebekah Lodges as a "non-bene- ficiar' member.— 1896 Journal, 416, 587, 628. MINUTES AND RECORDS. 3672. Keeping minutes on slips of papery-Approval. It is not right or proper for the Secretary of the Lodge to keep the minutes on slips of paper and not write them in the minute book until they are approved by the Lodge. The Secretary must write up the minutes of previous meeting. The Lodge should refuse to approve the minutes until they are so written in full in the minute book. — 1903 Journal, 23, 176, 210. 3673. Must not be mutilated or torn. ^linutes of a Rebekah Lodge can be corrected by a resolution or motion duly presented, and carried by the Lodge. The records can- not be mutilated or torn out.— 1896 Journal, 416, 587, 628. 3674. Reading minutes and admission to Lodge. ^lem- bers can be admitted to the Lodge-room during the reading of the minutes of previous meeting. — 1903 Journal, 24, 176, 210. NAME OF LODGE. 3675. The name of a living person cannot be chosen. A Rebekah Lodge cannot have the Christian or surname of a 896 Rebekah Branch. living person, especially when intended for or as an honor to such living person.— 1903 S. G. L. Journal, 31, 283, 314. NAME OF A SISTER. 3676. Change of name by marriage. The Secretaries of Rebekah Lodges should change on their records the names of sisters who marry persons of a different name, and should note the change of name in their report to the Grand Secretary.— 1880 Journal, 257, 359, 375. NEWSPAPERS. 3677. Fraternal paper. An appropriation may be made by a Lodge from its five per cent. Contingent Fund to pay for a paper published exclusively in the interest of the Order for each of its members. — 1903 S. G. L. Journal, 27, 284, 314. 3678. Fraternal press. Grand Lodges may authorize Subordinate and Rebekah Lodges to appropriate from their General Funds for the purpose of subscribing for a paper or journal devoted exclusively to Odd Fellowship for each of its members.— 1903 S. G. L. Journal, 271, 272, 327, 353. NURSES AND WATCHERS. 3679. Nurse Fund. A Rebekah Lodge can make pro- vision for a Nurse Fund for sisters only. — 1902 S. G. L. Jour- nal, 539, 988, 1004. 3680. A sister becomes in arrears for dues. In a Re- bekah Lodge which has a Nurse Fund for sisters only, if a sister entitled to this Nurse Fund becomes sick while in good standing and a nurse be provided for her to be paid from the Nurse Fund, but during the continuance of her sickness she becomes in arrears for dues, she is not entitled during that sickness to the continuance of the nurse to be paid from the Nurse Fund after the date when she becomes in arrears.— 1904 S. G. L. Journal, 530, 752, 820. 3681. Attentive benefits. Rebekah Lodges are now charged with the duty of rendering ''attentive benefits" Rebekah Branch. 897 the same as Subordinate Lodges. — 1895 S. G. L. Journal, 14241, 14487, 14570. 3682. Hiring a nurse or watcher for a sister. If author- ized by the Grand Lodge of its jurisdiction, a Rebekah Lodge may provide in its By-Laws for hiring a night watcher or nurse for a sister who is sick. — 1901 S. G. L. Journal, 36, 360, 371, 372. 3683. Subordinate Lodge and sick sister. A Subordi- nate Lodge cannot compel its members to watch with a sick sister of the Degree of Rebekah. — 1880 Journal, 503, 601, 627. OFFENSES. 3684. To black ball an unmarried woman in violation of Sovereign Grand Lodge law. If a member of a Rebekah Lodge should cast a black ball against an unmarried lady, who applies for membership by initiation, on the sole grounds that said applicant is not related to an Odd Fellow, either by blood or by marriage, such act is in defiance of the Sovereign Grand Lodge and a violation of the Rebekah Code. Such a person should have charges preferred against him or her, and, if it be proved that such black ball was cast for no other reason than that heretofore given, he or she should be found guilty and expelled from the Order. — 1896 Journal, 417, 587, 628. ! 3685. Threats to blackball unmarried women not related to an Odd Fellow. A member of a Rebekah Lodge who openly declares that he or she will at all times when oppor- tunity affords blackball any and all applicants applying for membership under the new law is guilty of insubordina- tion, and charges should be preferred against said members, and if found guilty they should be dealt with according to law.— 1898 Journal 16, 204, 205, 215. 3686. Statement as to intent to blackball candidate. Say- ing at the Lodge-room, in presence of several members, and immediately after an applicant for membership had been rejected, "that no applicant should become a member of 67 ad8 Rebekah Branch. said Lodge during the term of office of the then Noble Grand of said Lodge," and of further saying at that time, "I will not let any applicant come into this Lodge this term," is an offense. — ^Dunlap vs. Sunset Rebekah Lodge, 1900 Journal, 136, 176. 3687. Conspiracy to blackball applicants. Conspiring with three other sisters of the Lodge to prevent worthy applicants from becoming members of the Lodge during the term of then Noble Grand, by agreeing together to blackball every applicant for membership ''that might apply during that term" because of their dislike of the Noble Grand, is an offense. — Dunlap vs. Sunset Rebekah Lodge, 1900 Journal, 136, 176. 3688. Casting two black balls at one balloting. A mem- ber, in balloting for a candidate or for any other purpose, who casts two black balls, is guilty of conduct unbecoming an Odd Fellow, and subject to charges. — 1902 Journal, 751, 916, 940. (See Errata.) Noble and Vice-Grand and secrecy of the ballot. A Noble or Vice-Grand must preserve the secrecy of the ballot, and if either of them reveal the condition of the ballot they are guilty of an offense against the laws of the Order, and are subject to charges. — 1902 Journal, 750, 751, 916, 940. (See Errata.) 3690. Slander. Slander, in saying to a certain member of the Lodge that Sister (naming her) had never been mar- ried, although she well knew that the sister was married and was the mother of one child, now living, is an offense. — Dunlap vs. Sunset Rebekah Lodge, 1900 Journal, 136, 176. 3691. Noble Grand declaring a rejected applicant elected. If any Noble Grand or acting presiding officer, knowing that there are three or more black balls against a candidate, wilfully and knowingly declare such candidate elected, charges should be preferred and the offender should be ex- pelled.— Bentley vs. Gem of the Valley Rebekah Lodge, 1896 Journal, 530, 558. Rebekah Branch. 899 3692. Improperly obtaining password. Surreptitiously obtaining the term password for Rebekah Lodges for the term and gaining admission to the Lodge by its use, when not entitled to the same, is an offense. — Dunlap vs. Sunset Rebekah Lodge, 1900 Journal, 136, 176. OFFICERS OF REBEKAH ASSEMBLY. 3693. President. As to questions of law and usage and decisions of the President of the Rebekah Assembly thereon, see Questions, Section 3796. 3694. Honors as Past President, when entitled to. A Vice-President of the Rebekah Assembly of Oregon, who upon the death of the President discharged the duties of that office during a major portion of the term, is not en- titled, although elected and installed President on the first day of the meeting of the Assembly, to the rank and honors of Past President at the close of the session. Regular an- nual election and installation on the last day of the session in the office of President, and service rendered, according to the provisions of the Constitution of the Rebekah As- sembly of that jurisdiction, are essential prerequisites. — 1903 S. G. L. Journal, 31, 284, 314. 3695. Right to hold office— Rebekah Assembly. A Re- bekah A.ssembly may, with approval of the (inuid Lodge, adopt a law providing that only Past Noble Grands and Past Grands shall hold office therein. — 1901 S. G. L. Journal, 34, 360, 371, 372. 3696. District Deputies — Lady Past Noble Grands. Grand Masters of the various State jurisdictions in which Rebekah Lodges exist are authorized to appoint deputies from among the Lady Past Noble Grands of such Lodges, to exercise the duties of installation, and such other duties in said Lodges as their office empowers them to do. — 1887 8. G. L. Journal, 10982, 11026; 1888 S. G. L. Journal, 11094, 11364, 11395. 3697. District Deputies— President of Rebekah As- mnbly. Grand Lodges may authorize and empower the 900 Rebekah Branch. Presidents of their Rebekah Assemblies to appoint and commission District Deputies of Rebekah Lodges in their respective jurisdictions. — 1897 S. G. L. Journal, 15607, 15633. 3698. Title of District Deputy appointed by President. The title of the District Deputy appointed by a President of a Rebekah Assembly is "District Deputy President." — 1898 S. G. L. Journal, 15753, 16071, 16116. 3699. District Deputy. A District Deputy for Rebekah Lodges, if a Past Grand and member of a Rebekah Lodge in good standing, need not be a Past Noble Grand. — 1896 S. G. L. Journal, 14712, 14948, 15019. 3700. District Deputy Presidents — Rebekah Assembly. A District Deputy President is one of the appointed officers of the Rebekah Assembly .-r-Constitution Rebekah Assembly, Art. IV, Sec. 2. 3701. District Deputy and Withdrawal Card. A District Deputy of a Rebekah District who applies for and receives a Withdrawal Card from her Lodge can hold her office as such District Deputy for one month thereafter. — 1893 Jour- nal, 277, 379, 420. 3702. Expenses of District Deputy. A Rebekah Lodge has a right, and should pay the District Deputy enough to pay her expenses in performing her duties. — 1896 Journal, 416, 587, 628. 3703. Expenses of District Deputy attending installa- tion. A Lodge should pay the expenses of the District Deputy incurred in attending the Lodge at the time of in- stallation, and an order may be drawn on the General Fund for that purpose.— 1898 Journal, 14, 204, 205, 215. 3704. Decision of District Deputy. A Lodge has not the authority to overrule a decision of the District Deputy. — 1895 Journal, 25, 189, 234. 3705. District Deputy President and Lodge seal. A Dis- trict Deputy President cannot use the seal of the Lodge to I Rebekah Branch. 901 which she belongs on her communications as a District Deputy President.— 1904 Journal, 369, 563, 569. 3706. Resignation of Noble and Vice-Grand — District Deputy President. When both the Noble and Vice-Grand of a Rebekah Lodge have resigned and the resignations have been accepted, it is not the duty of the District Deputy President to take the chair of the Noble Grand until an- other is elected. She may, if a member of the Lodge, be called to the chair, not in her official capacity, but only as a Past Noble Grand.— 1901 Journal, 412, 541, 567. 3707. Officers of Rebekah Assembly and of Rebekah Lodge. The officers of a Rebekah Assembly, such as Presi- dent, Vice-President, Treasurer and Secretary, have the right to hold any office in their Rebekah Lodge in which they hold membership.— 1905 S. G. L. Journal, 43, 219, 243. 3708. Recording Secretary and District Deputy. A per- son can hold the office of Recording Secretary and be Dis- trict Deputy at the same time. — 1905 Journal, 747, 926, 944. 3709. Right to introduce visitors from another jurisdic- tion. As to right of elective officers of the Rebekah Assem- bly to introduce visitors, see Section 3899. OFFICERS OF REBEKAH LODGE. 3710. Officers not elected — District Deputy President — Installation. A District Deputy President visiting a Re- bekah Lodge in her district, for the purpose of installing officers, and finding the officers have not been elected, may cause the Lodge to proceed to nominate and elect officers, after which she may install the officers. — 1905 Journal, 748, 926, 944. 3711. Officers must be elected each term. A Lodge should not permit the same officers to remain in office longer than one term, without a regular election and installation. —Rebekah Constitution, Art. IV, Sec. 7 ; 1896 Journal, 416, 687, 628. 902 Rebekah Branch. 3712. New Lodge — Election of officers. A Rebekah Lodge having been instituted the second quarter in the term does not have to elect a new set of officers and install them.— 1894 Journal, 604, 734, 773. 3713. Only members elected or appointed to office. The Noble Grand cannot appoint a member of another jurisdic- tion to fill an office when there are members of her own Lodge present who are capable of filling the office. Only- members of the Lodge can be elected or appointed. — 1905 Journal, 748, 926, 944. 3714. An absent elective officer — Who to act for her. An elective officer cannot select a member to act for him or her when absent from the Lodge meeting. It is the duty of the Noble Grand, in the absence of an officer, to appoint some one qualified to act pro tern. — 1904 Journal, 369, 563, 569. 3715. Vice-Grand for remainder of term — Election. It is obligatory upon a Lodge to elect and install a Vice- Grand for the remainder of the term, the Vice-Grand hav- ing resigned.— 1903 Journal, 209, 216. 3716. When all nominees have declined. It is permissible to nominate and elect on election night in case all nominees for an office have declined.— 1905 Journal, 748, 926, 944; 1892 Journal, 14, 112, 127. 3717. Nominees and voting. At the election of delegates or officers, a nominee is not debarred from voting. — 1898 Journal, 72, 246, 278. 3718. Nominated when not present. A member not present at Lodge meeting can be nominated for office unless the By-Laws otherwise provide. — 1905 Journal, 747, 926, 944; 1903 Journal, 190, 204, 213. 3719. Elected when not present. A member not present at Lodge meeting can be elected to office unless the By- Laws otherwise provide. — 1905 Journal, 747, 926, 944. 3720. Name of one nominee not read by Secretary, and election. If, on the night of election, the Secretary is asked Kebekah Branch. 903 to read the names of nominees, and she omits one (that member being present and drawing no one's attention to the omission), the election held at that time is legal. — 1903 Journal, 190, 204, 213. 3721. Declining nomination. A member who is nom- inated for office on the last evening of nominations may decline when nominated. She is not required to wait until the night of election to withdraw. — 1905 Journal, 746, 926, 944. 3722. Arrears for dues and office. A clause in a Rebekah Constitution, depriving a member six months in arrears for dues from holding office or taking part in Lodge pro- ceedings, does not violate any law of the Sovereign Grand Lodge.— 1896 S. G. L. Journal, 14676, 14949, 15019. 3723. Eligibility to office in new Lodges. At the insti- tution of a Rebekah Lodge all of the charter members are eligible to any office therein, previous service in office not being a necessary qualification in such cases. — 1889 Jour- nal, 33, 122, 163. 3724. First term of new Lodge — Past Noble Grand's chair. At the institution of a Rebekah Lodge and during the first term of such Lodge, when no Past Noble Grand is pres- ent, any member in good standing may be selected to fill the Past Noble Grand's chair.— 1904 S. G. L. Journal, 744, 867, 876. 3725. Institution of new Lodge and Past Noble Grand. At the institution of a Rebekah Lodge it is not legal to elect a member to fill the office of Past Noble Grand. The honors of that office can only be acquired by actual service as Noble Grand.— 1889 Journal, 35, 123, 163. 3726. Past Noble Grand— First term of Lodge— Vice- Grand. A si.ster who serves as Past Noble Grand during the first term of the Rebekah Lodge does not by reason of such service become eligible to election to the office of Vice- Grand. She can be legally Vice-Grand only by dispensation when all qualified members decline to serve. — 1901 Journal, 411, 542, 567 ; 1905 Journal, 747, 926, 944. 904 Rebekah Branch. 3727. Past Noble Grand not an officer. The chair of the Past Noble Grand is not an office, nor is the Past Noble Grand an officer.— 1895 S. G. L. Journal, 14239, 14539, 14570; 1901 Journal, 411, 542, 567. 3728. Past Vice-Grand of any Lodge eligible to Noble Grand. A sister who has rightfully earned the honors of Vice-Grand, no matter in what Lodge she acquired the same, is eligible to the office of Noble Grand. Her With- drawal Card from her former Lodge should show that she is a Past Vice-Grand.— 1898 Journal, 15, 204, 205, 215. 3729. Vice-Grand for unexpired term and honors of office. A Vice-Grand elected and installed for an unexpired term, and serving a majority of the meetings and to the end of the term, is entitled to the honors of the office. — 1903 Journal, 209, 216. 3730. Service as Vice-Grand — Residing at a distance from Lodge. A sister must serve as Vice-Grand a majority of the meeting nights of the term to be eligible to election to the office of Noble Grand, unless excused by the Lodge on account of sickness. Living a great distance from the Lodge or out of the district is not an excuse. — 1901 Journal, 411, 541, 567. 3731. Election of Noble Grand. A sister can be elected from the floor as Noble Grand by dispensation. — 1894 Jour- nal, 605, 734, 773. Note. — See Section 12 of the Rebekah Assembly, as to the eon- Rebekah Code, and Article V. ditions under which a dispensa- Sections 1 and 6, Constitution of tion may issue. 3732. Dispensation to elect, when all qualified refuse"!© serve. A sister can be elected to the office of Vice-Grand if she have never served in an appointive office or an elective office, provided all those who are eligible to the office refuse to serve, and a dispensation therefor be issued by the Presi- dent of the Rebekah Assembly or the District Deputy Presi- dent of the district.— 1896 Journal, 417, 587, 628 ; Constitu- tion Rebekah Assembly, Art. V, Sees. 1 and 6. Rebekah Branch. 905 3733. Past Vice-Grand in nomination — An ineligible member elected. \Yhere there is a Past Vice-Grand in nom- ination for the office of Noble Grand, a Rebekah Lodge should not elect to that office a member who is not a Past Vice-Grand, and should the Lodge elect such a member, the District Deputy Grand Master should not install him or her.— 1881 Journal, 502, 601, 627. 3734. Service in an appointive office in any Lodge. If a member have held and rendered sufficient service in an ap- pointive office in one Lodge, said member is eligible to an elective office in any other Lodge of which he or she may subsequently become a member. — 1895 Journal, 25, 189, 234. 3735. Appointive office and installation to qualify. A sister, who has served in an appointive office without being installed therein, has not acquired the qualifications to en- title her to the office of Vice-Grand. — 1896 Journal, 417, 587, 628. 3736. Junior Past Noble Grand and Financial Secretary. The Junior Past Noble Grand may legally hold the office of Financial Secretary without conflicting with her honors as Past Noble Grand.— 1903 Journal, 210, 216. 3737. Officers of Rebekah Assembly and of Rebekah Lodge. The officers of a Rebekah Assembly, such as Presi- dent, Vice-President, Treasurer, and Secretary, have the right to hold any office in their Rebekah Lodge in which they hold membership.— 1905 S. G. L. Journal, 43, 219, 243. 3738. District Deputy and Recording Secretary. A Dis- trict Deputy can hold the office of Recording Secretary at the same time.— 1905 Journal, 747, 926, 944. 3739. Service required for honors of Past Noble Grand. A member who has served the majority of the nights of a term, and to the end of the term as Noble Grand, is entitled to the honors of Past Noble Grand, whether she serve in the office of Past Noble Grand or not. Such honors are a reward for service as Noble Grand, irrespective of further nervice. The only possible method of obtaining the honors 906 Rebkkah Branch. of Past Noble Grand is by the required service as Noble Grand.— 1895 Journal, 24, 189, 234. 3740. When Noble Grand becomes Past Noble Grand. A Noble Grand of a Rebekah Lodge becomes a Past Noble Grand on the installation of his or her successor, if he or she have served the requisite number of meetings and to the end of the term. It is not necessary for the District Deputy to tell her to take her seat as Past Noble Grand, or for the Lodge to declare it. She is entitled to the honor for service as Noble Grand. — 1897 Journal, 807, 1000, 1046. 3741. Past Noble Grand and installation. A Noble Grand of a Rebekah Lodge becomes a Past Noble Grand on the installation of her successor, if she have served the proper time, whether she be present at the installation or not. A Noble Grand becomes a Past Noble Grand from service and not from installation.— 1897 Journal, 807, 1032, 1055. 3742. Re-election as Noble Grand. The Noble Grand becomes a Past Noble Grand upon the expiration of her term of office, regardless of whether she is re-elected to the same office or not.— 1903 S. G. L. Journal, 31, 284, 314. 3743. Insufficient service as Noble Grand. A sister elected to the office of Noble Grand, who does not serve a majority of the nights of the term, but has been granted a leave of absence from her Lodge, and even though the Lodge vote to confer upon her the honors of Noble Grand, is not entitled to the honors of that office. — 1896 Journal, 417, 587, 628. 3744. The same. The Noble Grand of a Rebekah Lodgo who attended three meetings of her term, was taken sick, and when recovered did not attend any more during tl^c term, is not entitled to the honors. — 1894 Journal, 605, 734, 773. 3745. Honors of office, and not signing the Constitution. A person admitted to a Rebekah Lodge, but who did not sign the Constitution, and was elected to office, served in that office, went to the Rebekah Assembly, and afterwards Rebekah Branch. 907 signed the Constitution, is entitled to the honors of the elective office if he or she served in the elective office the required time.— 1897 Journal, 805, 1000, 1046. 3746. Majority of meeting nights of a term. In deter- mining the majority of the meeting nights of a term th-3 time must be computed from the date of installation. — 1902 Journal, 751, 916, 940. (See Errata.) 3747. Sickness when an excuse for absence. To be a legal excuse for absence the illness must be personal to the member, not among his or her family. — 1905 Journal, 748, 926, 944. 3748. Absence at roll call and honors of office. Section 13 of the Rebekah Code provides that service for a majority of the meetings held in a term and to the end of the term, shall entitle the officer to the honors of the office, and if the Vice-Grand serves the Lodge accordingly, she is eligible to become Noble Grand, although she may be absent at roll call a majority of the meeting nights. — 1903 Journal, 190, 204, 213. 3749. Noble Grand served except last two meeting nights. A Noble Grand who serves all of the meeting nights of the term except the last two, and moves from the district and resigns her office, is not entitled to the honors of the office.— 1905 Journal, 748, 926, 944. 3750. A Noble Grand absent the last of the term. A Noble Grand who has served a majority of nights of her term, even though absent the last of the term and her office was not declared vacant by the Lodge, is entitled to the honors of office.— 1905 Journal, 746, 926, 944. 3751. Elected to fill a vacancy and honors of Past Noble Grand. A Noble Grand elected to fill a vacancy must serve a majority of the nights after her installation to entitle her to the honors of Past Noble Grand and to make her eligible as a delegate to the Assembly.— 1903 Journal, 190, 204, 213. 3752. Lodge becomes defunct during term. The Noble Grand of a Kebekah Lodge is not entitled to a Past Noble 908 Rebekah Branch. Grand *s certificate, even though she served a majority of nisrhts in the term, if her Lodge becomes defunct before the end of the term.— 1899 S. G. L. Journal, 29, 365, 394. 3753. Minutes failing to show sickness was excused. Where it is necessary to count the nights when absent from sickness in order to entitle to honors as Past Noble Grand, the minutes of the Lodge should show that such absence has been excused by the Lodge. The certificate of the Secre- tary, merely, is not sufficient. And where sickness, that has been excused, does not appear of record on the minutes, the Lodge should take appropriate action authorizing the cer- tificate of the Secretary.— 1903 S. G. L. Journal, 33, 286, 314. 3754. Meetings prohibited by government. A sister is entitled to the honors and rank of Past Noble Grand if the nights actually served as Noble Grand, added to the nights when excused for sickness and the nights when the govern- ment prohibited meetings because of the prevalence of an epidemic, would together make a majority of the meeting nights of the term.— 1903 S. G. L. Journal, 33, 286, 314. 3755. Absence of officer, and vacancy. The office of Vice-Grand cannot be declared vacant when she has been absent three times as follows : that is, twice out of town and once sick in bed.— 1894 Journal, 603, 731, 771. 3756. Who should preside. In the absence of the Noble Grand, the Vice-Grand must preside, and perform all the duties and functions of that office. If the Noble Grand be present the Vice-Grand cannot preside. — 1896 Journal, 417, 587, 628. 3757. When duty of Vice-Grand to preside. It is the duty of the Vice-Grand of a Rebekah Lodge to preside in the absence of the Noble Grand, and the Vice-Grand has not the right to request a Past Noble Grand to take the chair of the Noble Grand and perform the duties of that officer while she, the Vice-Grand, occupies her own station. In the ab- sence of the Noble Grand, should there be initiatory work, Rebekah Branch. 909 the Vice-Grand can invite a Past Noble Grand to take the chair of that officer, the Vice-Grand remaining at her own station.— 1898 Journal, 72, 246, 278, 204, 205, 14, 215. 3758. Scene Supporter, Altar Bearer, Banner Bearer. There is properly no such office in a Rebekah Lodge as Scene Supporter. As accessories to the floor work, the Noble Grand may appoint Altar Bearers or Banner Bearers, but service as such is not qualifying for election to an elective office, as they are not among the appointive offices provided for in the Rebekah laws. — 1895 Journal, 24, 189, 234. * 3759. Altar Supporter. An Altar Supporter is not an appointive office. Service therein does not qualify the mem- ber to election as Vice-Grand.— 1896 Journal, 419, 587, 628. 3760. Salary of Outside Guardian. A Lodge cannot pay a salary to its Outside Guardian unless its By-Laws so pro- vide.— 1904 Journal, 369, 563, 569. 3761. Notice. "When a brother joins a Rebekah Lodge the Secretary of the Rebekah Lodge should immediately notify his Subordinate Lodge of that fact, and then the Secretary of the Subordinate Lodge must make a record of his membership in the Rebekah Lodge, so as to be able to carry out Section 8 of Article VIII, Constitution of Subor- dinates.— 1897 Journal, 804. (See Section 10a, Rebekah Code.) 3762. Not subject to Constitution of Subordinates. Re- bekah Lodges are governed in the election of their officers by Article IV, Sections 6 and 7, of the Constitution of Re- bekah Lodges, and are in no way subject to the Constitution of Subordinates in the matter. — 1884 Journal, 16, 116, 153. OFFICIAL CERTIFICATES. 3763. Must be used. Only the official receipt should be j^ven for the payment of dues, fines or assessments. — 1904 Journal, 369, 563, 569. 910 Rebekah Branch. 3764. Rubber stamps and signature. It is illegal for the Secretary to use a rubber stamp in signing her name to official receipts.— 1905 Journal, 746, 926, 944. 3765. Seal and signature of Noble Grand. It is neces- sary that the Noble Grand sign and the seal of the Lodge be affixed to authenticate a receipt for dues. — 1903 Journal, 190, 204, 213. 3766. Husband and wife. In making out official receipts for dues it is not right for the Secretary to use only one receipt for husband and wife. A separate one should be properly filled out for each.— 1903 Journal, 190, 204, 213. 3767. Order for password. It is not necessary to have an order for the password in addition to the official certificate. —1904 Journal, 369, 563, 569. 3768. Used in lieu of Visiting Card. The official certifi- cate, when dues are paid to a date later than when the same is presented, is to be recognized as evidence of good stand- ing to be used in lieu of a Visiting Card. — 1897 S. G. L. Journal, 15561, 15565, 15174, 15534, 15584, 15613, 15616, 15663 ; 1896 S. G. L. Journal, 14953, 15067. 3769. Passwords. As to when holders of official certifi- cates are entitled to the Semi-Annual Password or the Annual Password, see Passwords, Section 3791. (See Visiting and Visitors.) ORPHANS. (See Orphans' Home, Sections 2481, 2483.) PARAPHERNALIA. (See Work of the Degree.) PASSWORDS. 3770. Password at opening of Lodge — Noble Grand — Warden. In taking up the password at the opening of the Lodge the Noble Grand gives the password to the Warden. —1904 Journal, 369, 563, 569. Rebekah Branch. 911 3771. What passwords required upon opening. In open- ing a Rebekah Lodge the Warden and Conductor must require both the Semi-Annual Password of the degree and the permanent password of the Degree of Rebekah. — 1886 Journal, 537. 620, 646. 3772. Conductor may assist Warden in taking up pass- word. By direction of the Noble Grand, the Conductor may assist the Warden in taking up the password. — 1899 S. G. L. Journal, 31, 365, 394. 3773. Giving password outside of Lodge-room. The Noble Grand may give a member, in good standing, the pass- word outside of the Lodge-room. — 1905 Journal, 747, 926, 944. 3774. Noble Grand's power to communicate. In the absence of any limiting local legislation, the declaration of the Sovereign Grand Lodge ("or cause them to be com- municated") gives the Noble Grands of Rebekah Lodges the same power in communicating the passwords that is given to the Noble Grands of Subordinate Lodges. — 1896 S. G. L. Journal, 14675, 14948, 15019. 3775. Duty of Noble Grand to communicate passwords. The Noble Grand of a Rebekah Lodge should communicate both Annual and Semi-Annual Passwords of the degree to members of her own Lodge in good standing ; and the Noble Grand can delegate any member of the Lodge (who is him- self or herself entitled to it) to communicate, in the Lodge- room, the Semi-Annual Password to a member known to be in good standing.— 1880 Journal, 256, 359, 375. 3776. When Noble Grand may authorize password to be communicated. The Noble Grand of a Rebekah Lodge is now authorized to direct an officer to communicate the Semi- Annual Password to the members of the Lodge. This ap- plies only to that particular meeting — such powers could not be conferred upon an officer for the term. — 1896 Jour- nal, 419, 587, 628. 3777. Password and arrears. The Noble Grand should not communicate the password to any member who is more 912 Rebekah Branch. than thirteen weeks in arrears for dues at the time he or she asks for the word.— 1897 Journal, 808, 994, 1034. 3778. Vice-Grand and password. The Vice-Grand of a Rebekah Lodge has no right to give the password at any- time, except when acting in the place of the Noble Grand in the absence of that officer, and except at any one particu- lar meeting when authorized by the Noble Grand so to do. —1897 Journal, 1032, 1055. 3779. Noble Grand out of jurisdiction — Vice-Grand's power. The Vice-Grand has the power to give the pass- words to members in good standing, at any time, when the Noble Grand is out of the jurisdiction. — 1905 Journal, 748, 926, 944. 3780. Password, but no installation. A Lodge is entitled to the password at the time fixed for installation if the re- quired reports be made and tax paid, even if the installa- tion do not then take place. — 1897 Journal, 1032, 1055. 3781. Not compelled to receive password. A member is not by law compelled to be invested with the password. — 1895 Journal, 24, 189, 234. 3782. Without the password. A member may enter or sit in his or her own Lodge without it. — 1895 Journal, 24, 189, 234. 3783. Annual Password — When given. The Annual Pass- word is given by the Noble Grand of a Rebekah Lodge after the candidate has signed the Constitution. — 1901 S. G. L. Journal, 35, 360, 371, 372. 3784. Annual Password — How communicated. The An- nual Password in Rebekah Lodges is to be communicated to all members at initiation in a whisper (privately). — 1897 Journal, 809, 1000, 1046, 1030, 1054. 3785. Annual Password to visitors. The Noble Grand must personally communicate the Annual Password to visitors.— 1905 Journal, 748, 926, 944. Rebekab Branch. 913 3786. Passwords in Rebekah Lodges. The term pass- word of the Subordinate Lodj?e shall not be applicable to, or be used in, a Rebekah Lodge, and the passwords of the Rebekah Degree shall alone be used by both sexes therein. —1877 S. G. L. Journal, 7456, 7503. 3787. Proper password — ^Withdrawal Card and visiting — Order for password when required. At the time a With- drawal Card is issued to a sister she is given the Annual Password then in force. She may visit on such Withdrawal Card and this password for one year thereafter, and on no other password whatever. She is not entitled to any other password — Annual or Semi-Annual. The Noble Grand of another Lodge, on presentation of such Withdrawal Card, has no right to communicate the Annual Password without an order therefor from the Lodge issuing the Withdrawal Card. When a Withdrawal Card and an order for the pass- word is presented to a Lodge by a sister it is the duty of the Noble Grand to communicate to such sister the Annual Password in force at the date of issue of such card, or dele- gate some other member to do so who she knows to be in possession of such password. — 1901 Journal, 412, 557, 562. 3788. Withdrawal Card and password. The District Deputy exceeded her authority when slie told a Noble Grand to admit, without password, on ^larch 28th, 1898, a sister who had taken a Withdrawal Card, February, 1898. The Noble Grand should have given the member the password when she took the card, and it was not too late to correct the oversight. To enable a person holding a Withdrawal Card to visit a Lodge he or she must present the card and give the password within one year. — 1898 Journal, 246, 278. 3789. Annual Traveling Password. The Noble Grand of a Rebekah Lodge has no right to receive the Annual Travel- ing Password. This word should never be used in Rebekah Lodge8.--1874 Journal, 21, 104, 117; 1880 Journal, 258, 359, 375. 914 Rebekah Branch. 3790. Orders for Annual and Semi-Annual Passwords for Rebekah Lodges. (See Forms Nos. 17 and 18 of the Forms affixed to this Digest.) 3791. Annual Password and Semi-Annual Password and official certificates and Visiting Cards. The possession of a Visiting Card, the date of which extends to a date later than when the same is presented, or an official certificate for dues paid to a date later than that when the same is pre- sented, properly signed and sealed, is sufficient, proper and legal authority for any Noble Grand of a Rebekah Lodge, upon proper identification, to communicate to the holder thereof the Annual Password of the Rebekah Degree, and if the holder of a Visiting Card or official certificate, as above mentioned, is a member of a Rebekah Lodge in the same jurisdiction as the Rebekah Lodge to which the said Visit- ing Card or official certificate is presented, then and in that event the Noble Grand of the Rebekah Lodge is authorized to communicate to the holder of said Visiting Card or official certificate the Semi-Annual Password. — 1900 Journal, 103; 1899 S. G. L. Journal, 344, 347. (See Section 2492.) 3792. District Deputy and password. A District Deputy of a Rebekah Lodge cannot give the password to visiting brothers; he can only give it to the proper officers at in- stallation.— 1894 Journal, 604, 734, 773. PAST GRANDS. 3793. Rank in Rebekah Lodge. A Past Grand who be- comes a member of a Rebekah Lodge holds the same rank in the Rebekah Lodge that he holds in his Subordinate. — 1888 Journal, 1094, 1104, 1128. (See Rebekah Lodge; Officers of Rebekah Assembly.) PAST NOBLE GRAND. (See Officers of Rebekah Lodge; Officers of Rebekah As- sembly.) Rebekah Branch. 915 PAST NOBLE GRAND'S CHARGE. (See Rebekah Degree.) PRESIDENT OF REBEKAH ASSEMBLY. (See Questions; Officers of Rebekah Assembly.) PIANIST. 3794. Salary of organist or pianist. An organist or pian- ist is not an officer of a Lodge as provided by the Constitu- tion, therefore the payment of a salary to the organist is a matter to be adjusted by the Lodge, like other of its ex- penses, unless otherwise specially provided by its By-Laws. —1904 Journal, 369, 563, 569. 3795. Member of another Lodge and roll call. A Lodge has the right to engage the services of a member of another Rebekah Lodge as pianist, and to have her name entered on the roll book and called by the Recording Secretary every meeting night. The pianist is not an officer of the Lodge, and the Lodge may choose this way of ascertaining whether or not the pianist is present to perform the work for which she has been hired.— 1903 Journal, 191, 204, 213. QUESTIONS. 3796. Questions to and decisions by President of Rebekah Assembly — Grand Master. Resolved, That the President of the Rebekah A.ssembly shall not answer in an official manner questions of law, or usage, unless submitted to her by a Rebekah Lodge, in writing, under the seal of the Lodge; provided, that this resolution shall not apply to the work of the Rebekah Branch, and that the President of the Re- bekah Assembly shall report, as soon as practicable, each decision to the Grand Master for his decision thereon, and the Grand Master shall embody his decisions thereon in his annual report.— 1898 Journal, 274, 281. QUORUM. (See Rebekah Lodge.) 916 Rebekah Branch. RAFFLES. (See Lottery.) RECONSIDERATION. (See Ballot and Voting.) REBEKAH ASSEMBLY. 3797. Charter, institution, etc., of Rebekah Assembly. The Rebekah Assembly of the Independent Order of Odd Fel- lows of California chartered and instituted in 1895 — peti- tion for charter — form of charter. This Rebekah Assembly is the successor of the Rebekah State Convention, I. 0. 0. F. of California, and all funds, records, history, books, papers and other property belonging to the Rebekah State Conven- tion, and all rights and privileges that it owned or possessed, were transferred to and became the property of this Rebekah Assembly; and all past officers of the Rebekah State Con- vention are entitled to the same rights, privileges and honors as the past officers of this Rebekah Assembly. — 1895 Journal, 6, 208, 228, 238, 252, 241, 242, 247. 3798. Only authorized Rebekah Grand Body. A Grand Lodge cannot authorize the existence of any other Rebekah Grand Body than an Assembly. — 1897 S. G. L. Journal, 15172, 15534, 15584, 15613. 3799. Legislative work and voting for officers. No one shall be permitted or entitled to take part in the legislative work of the Rebekah Assembly or vote for officers thereof excepting those designated in the- Constitution of the Re- bekah Assembly. — Rebekah Code, Section 33. 3800. Rebekah Assembly's authority over Lodges. In a jurisdiction where a Rebekah Assembly is instituted, all Rebekah Lodges therein are controlled by the same to the extent that power is delegated to it by the Grand Lodge. — 1903 S. G. L. Journal, 35, 284, 314. 3801. Grand Master and official visits. A Grand Master has the right to visit, officially, the Rebekah Assembly of his own jurisdiction.— 1900 S. G. L. Journal, 510, 827, 873. I Rebekah Branch. 917 3802. Membership. To be a member of a Rebekah As- sembly one must be qualified as required or provided in Section 33, Rebekah Code, and must be a member of a Re- bekah Lodge in the jurisdiction in which the Rebekah Assembly exists.— 1901 S. G. L. Journal, 33, 34, 360, 371, 372. 3803. Form of charter. The Sovereign Grand Lodge has prescribed a fonn of charter for Rebekah Assemblies. — 1897 S. G. L. Journal, 15611, 15634. (See Assembly Degree.) REBEKAH DEGREE. 3804. An integral part of Odd Fellowship. The Degree of Rebekah is a necessary part of the Order and is recog- nized as a regular degree of the I. 0. 0. F., to be conferred in a regularly chartered Rebekah Lodge. It is in the same position as the other degrees of the Order, which cannot be revoked by a mere majority of the Sovereign Grand Lodge. It has become strongly entrenched in the chartered rights of a Rebekah Lodge.— 1896 S. G. L. Journal, 15006, 15071. 3805. Must be conferred in Lodge electing candidate. A person elected to membership in a Rebekah Lodge must have the degree conferred upon him in the Lodge in which he was elected. The right and duty of conferring this degree, which is equivalent to initiation, cannot be trans- ferred to another and different Lodge. — 1892 S. G. L. Jour- nal, 12791, 13050, 13076. 3806. Resident of another jurisdiction. It is a violation of law to initiate in a Kebekah Lodge persons known to be residents of a jurisdiction other than the one where they are initiated.— 1902 S. G. L. Journal, 538, 998, 1004. (See Membership.) 3807. Cannot authorize another Lodge to confer. One Rebekah Lodge cannot authorize another to confer the degree upon a person elected to membership in the first named Lodge.— 1900 S. G. L. Journal, 509, 827, 873. 918 Rebekah Branch. Special meeting. After a candidate has been elected at a regular meeting, a special meeting may be called to initiate such a candidate. — 1897 Journal, 808, 1030, 1054. 3809. When former member may be initiated. A Lodge may initiate an applicant, who has formerly held member- ship in the Order, if he or she cannot pass a satisfactory examination in the work. — 1905 Journal, 748, 926, 944. 3810. A deaf person. It is not unlawful to initiate a person in a Rebekah Lodge if not totally deaf, who is so deaf that she has to use an ear trumpet, but is otherwise eligible.— 1905 Journal, 746, 926, 944. 3811. Robes, regalia, team, badge. A Rebekah Lodge during initiation must wear robes or regalia. When the members of the team wear white dresses they must wear the regalia of office. A badge of pink and green ribbon can- not be worn in lieu of regalia or robes. — 1903 Journal, 24, 176, 210. 3812. Brother and Subordinate Lodge regalia. A brother should wear the regalia he is entitled to wear in his Sub- ordinate Lodge, when entering for initiation in a Rebekah Lodge.— 1904 Journal, 369, 563, 569. 3813. Brother and initiatory work. In the initiation of a brother the entire initiatory work should be given. — 1905 Journal, 749, 926, 944. 3814. Brother — Vice-Grand's charge. At the initiation of a brother the Vice-Grand's charge must be given. The new Ritual contains no provision authorizing or providing for the omission of any portion of the work of initiation in conferring the degree on a brother. — 1898 Journal, 246, 278, 68. 3815. Obligation. It is optional with the Lodge whether the obligation be read or recited. — 1896 Journal, 416, 587, 628. 3816. Obligation, by whom administered. The obliga- tion to a candidate for membership in a Rebekah Lodge Rebekah Branch. 919 must be administered by a Vice-Grand or a Past Vice- Grand. If a team do the work, the Vice-Grand in the team should therefore be a Vice-Grand or a Past Vice-Grand. Any Past Noble Grand is qualified to act as Vice-Grand. — 1897 Journal, 806, 1000, 1046. 3817. Instructions how to enter Lodge. The Noble Grand may instruct the Warden to retire with the candi- dates, for the purpose of instructing them how to work their way into the Lodge.— 1896 Journal, 417, 587, 628. 3818. New Lodge and Past Noble Grand's charge. At the institution of a Rebekah Lodge and during the first term of such Lodge, when no Past Noble Grand is present, any member in good standing may be selected to fill the Past Noble Grand's chair.— 1904 S. G. L. Journal, 744, 867, 876. 3819. After first term— Past Noble Grand's charge. After the first term of a Rebekah Lodge, only Past Noble Grands or a Noble Grand can deliver the Past Noble Grand's charge.— 1897 Journal 807, 1000, 1046. 3820. Who may deliver Past Noble Grand's charge. If no Past Noble Grand be present at initiation, the Past Noble Grand's charge may be delivered by the Noble Grand; but no member who has not attained either of these ranks can legally deliver the Past Noble Grand's charge. — 1895 Jour- nal, 25, 189, 234. (See Section 3818.) 3821. A qualified past officer may confer the degree. The Noble Grand may invite a qualified past officer to occupy the chair during the conferring of the degree, but it must be under the Noble Grand's authority and control, and this right to invite a qualified officer appertains solely to the pre- siding officer.— 1882 Journal, 735., 844, 879; 1896 S. G. L. Journal, 14675. 14949. 15019. 3822. The same — Noble Grand absent. In the absence of the Noble Grand, the Vice-Grand can invite a Past Noble Grand to take the chair of the Noble Grand and perform 920 Rebekah Branch. the duties of that officer during initiation, the Vice-Grand remaining at her own station. — 1898 Journal, 72, 246, 278, 204, 205, 14, 215. 3823. Officers at initiation. The Noble Grand and officers of a Rebekah Lodge have a right to give up their chairs during initiation.— 1894 Journal, 604, 734, 773. 3824. Initiation, when complete. The initiation of a candidate in a Rebekah Lodge is not complete until he or she has been introduced to the Lodge, which is after he or she has signed the Constitution. — 1895 Journal, 24, 189, 234. 3825. A German Lodge may give the degree in English. A Rebekah Lodge working in the German language may, when it considers it for the best interests of the Order, give the degree in English ; but the officers giving the work must have it committed to memory, so that they will not have to read it from the book.— 1895 Journal, 24, 189, 234. (See Work of the Degree.) REBEKAH LODGE. 3826. An independent organization. A Rebekah Lodge is an entirely independent organization from that of a Sub- ordinate Lodge. It is auxiliary to the Subordinate Lodge only by reason of being engaged in kindred work and being a division of the same Order of Odd Fellows, but in its gov- ernment and chartered existence it is independent of and not auxiliary to the Subordinate Lodge. — 1899 S. G. L. Journal, 30, 365, 394. 3827. Rebekah Lodge the proper title. The title of Lodges of the Degree of Rebekah has been changed from Rebekah Degree Lodge to Rebekah Lodge, and the word *' degree" has been stricken out wherever the three words ** Rebekah Degree Lodge" occurred. — 1896 Journal, 417, 588, 628. 3828. Rebekah Lodge not called a Subordinate Lodge. "Subordinate Lodge" has and holds a technical meaning, > Rebekah Branch. 921 and does not include a Rebekah Lodge. — 1895 S. G. L. Jour- nal, 10139, 10185. 3829. Special meetings. After the close in regular form of a regular meet in ^j, the Noble Grand and a few members held a meeting and transacted some business, and the minutes thereof were entered on the records. The By-Laws require the Secretary to notify the members of special meet- ings. No notice was given to the members. The only ones who were informed were those who attended. The meeting was illegal and its acts void, and they were, on appeal, an- nulled by the Grand Lodge. — Hancock vs. Elmwood Re- bekah Lodge. 1897 Journal, 953, 977. 3830. Special meeting and business. A Lodge cannot transact any business at a special meeting other than that for which the special meeting was called. If Lodge funds are to be expended the call must particularly provide for the same.— 1898 Journal, 14, 204, 205, 215. 3831. Meetings — Past Grands and presiding officer. Five Past Grands who are members of a Rebekah Lodge, but none of whom has ever passed the chairs in a Rebekah Lodge, cannot legally hold and conduct a Rebekah Lodge meeting. A Rebekah Ix)dge meeting must be presided over by the Noble Grand, Vice-Grand or a Past Noble Grand of a Re- bekah Lodge.— 1903 Journal, 190, 204, 213. (See Section 2794.) 3832. Who has charge of the door of the Lodge. The door of the Lodge is in charge of the Noble Grand, and, unless placed in charge of the Vice-Grand, remains in charge of the Noble Grand at all times during the session. It is. necetfiary for the Noble Grand to place the inside door in charge of the Vice-Grand at each meeting after the opening of the Jjodgc if she desire that officer to take charge of it. The mere fact that she has once placed it in charge of that oflBcer at a former meeting does not continue that charge after the meeting during which it is so placed. — 1898 Jour- nal, 15, 204, 205, 215. 922 Rebekah Branch. 3833. Admission without term password. When a sister or brother presents. herself or himself at the outer door and is without the term password, and the Outside Guardian is instructed by the Noble Grand to admit the brother or sister to the ante-room, the brother or sister should work into the Lodge in regular form. — 1903 Journal, 24, 176, 210. 3834. Addressing the chair. On entering or retiring from a Rebekah Lodge, members should address the Noble Grand, not the Vice-Grand.— 1898 Journal, 16, 204, 205, 215. RECESS. 3835. Non-member. A Rebekah Lodge may pass resolu- tion to not allow anyone who is not a Rebekah to enter the Lodge-room during a recess. — 1903 Journal, 24, 176, 210. 3836. Sisters admitted to Subordinate Lodge-room. Dur- ing a recess of a Subordinate Lodge, sisters of the Degree of Rebekah, and others, may be admitted to its Lodge- room. They should not be admitted under ''Good of the Order."— 1897 Journal, 808, 994, 1036. REGALIA. 3837. Brothers' and sisters' regalia. The regalia to be worn in a Rebekah Lodge is for brothers who are not officers of the Rebekah Lodge the same that they are entitled to wear in a Subordinate Lodge, and for sisters who are not officers thereof nor Past Noble Grands, the badge or collar of pink and green of the Degree of Rebekah. — 1889 Journal, 35, 122, 163 ; see Section 25, Rebekah Code ; 1898 S. G. L. Jour- nal, 15802, 16071, 16116. 3838. Floral bouquets. Floral bouquets of pink and green cannot be worn in lieu of regalia. — 1900 S. G. L. Jour- nal, 510, 827, 873. 3839. Encampment regalia. A brother, not an officer, may wear his Encampment regalia while sitting in a Re- bekah Lodge.— 1897 S. G. L. Journal, 15172, 15534, 15584, 15613. Rebekah Branch. 923 3840. Regalia of brothers. Brothers in a Rebekah Lodge must wear the regalia they are entitled to wear in a Sub- ordinate Lodge as brothers, and not as officers of the Subordinate Lodge.— 1897 Journal, 808, 1000, 1046. 3841. A brother, an officer and regalia. A brother who holds an office in a Rebekah Lodge should wear the regalia pertaining to such office, and not the regalia pertaining to a similar office in a Subordinate Lodge. — 1892 Journal, 14, 112, 127; 1898 Journal, 14, 204, 205, 215. Note. — An officer of a Rebekah vided by law for such office — Lodge, whether a brother or a (1897 S. G. L. Journal, 15172, sister, must wear the regalia pro- 15534, 15584, 15613). 3842. Regalia of Noble Grand. The Noble Grand of a Rebekah Lodge has no right to wear the regalia of a Sub- ordinate Lodge.— 1898 Journal, 246, 278. 3843. Sister Noble Grand and regalia. It is not legal for a sister, when Noble Grand of a Rebekah Lodge, to wear the regalia prescribed for Noble Grands of Subordinate Lodges. —1878 Journal, 827, 946, 974. 3844. Noble Grand of Subordinate Lodge. A brother, who is a Noble Grand of his Subordinate Lodge, cannot wear his Noble Grand regalia in the Rebekah Lodge of which he is a member.— 1905 S. G. L. Journal, 44, 219, 243. 3845. Sister Past Noble Grand and Past Grand collar. It is not permissible for a sister Past Noble Grand to wear a Past Grand collar belonging to a Subordinate Lodge.^ 1904 Journal, 369, 563, 569. 3846. Voting. A member of a Rebekah Lodge cannot vote upon an application for membership unless clothed in appropriate regalia.— 1899 S. G. L. Journal, 32, 365, 394. 3847. Locked in wardrobe. In a Rebekah Lodge the regalia must be worn by the officers, if possible. It is not sufficient excuse for omitting to do so that it is locked up in the wardrobe.— 1896 S. G. L. Journal, 14674, 14948, 15019. 924 Rebekah Branch. 3848. Rebekah Assembly. Rebekah Assemblies cannot authorize or permit wearing of other regalia than that pre- scribed by the Sovereign Grand Lodge. — 1899 S. G. L. Jour- nal, 32, 365, 394. 3849. May make its own regalia. Any Lodge may make its own regalia, provided the same is made as prescribed by law.— 1898 S. G. L. Journal, 15753, 16071, 16116. REINSTATEMENT. (See Membership.) REJECTIONS. (See Membership.) REPORTS AND RETURNS. 3850. When annual and semi-annual reports to be adopted. The annual or semi-annual reports may be adopted at the first meeting night of the term, but must not be adopted before such meeting. — 1902 Journal, 751, 916, 940. (See Errata.) 3851. Failure to make returns — Grand Lodge — Penalty. Grand Lodges have the power to fix the penalty for neglect to make returns.— 1896 S. G. L. Journal, 14676, 14949, 15019. 3852. Blank forms for reports. In future, Grand Lodges must prepare and furnish to the Rebekah Lodges in their jurisdictions blank forms for reports, which forms must require all the information demanded by the law of the Sovereign Grand Lodge.— 1902 Journal, 979, 1002. RESIGNATION OF MEMBERSHIP. (See Membership.) RITUALS. 3853. Lodge-room. Rituals cannot be taken from the Lodge-room even for binding.— 1896 S. G. L. Journal, 14675, 14949, 15019. Rebekah Branch. 925 3854. For Rebekah Lodges only. The Ritual of Rebekah Lodges is for the exclusive use of such Lodges, and it is unlawful for the officers of Rebekah Lodges to give that work before a Subordinate Lodge. — 1887 Journal, 781. 3855. Encampment Ritual. No portion of the Encamp- ment Ritual can be used in a Rebekah Lodge under any circumstances.— 1899 S. G. L. Journal, 32, 365, 394. 3856. Grand Warden. A Grand Warden, not a member of a Rebekah Lodge, has no right to the Rebekah Ritual. — 1897 S. G. L. Journal, 15175, 15534, 15584, 15613. SEAL. 3857. Seal. All seals used by Rebekah Lodges should bear the legal designation ** Rebekah Lodge," and not that of "Degree of Rebekah," ''D. of R.," etc.— 1898 S. G. L. Journal, 15754, 16071, 16116. 3858. District Deputy President. A District Deputy President cannot use the seal of the Lodge to which she belongs on her communications as a District Deputy Presi- dent.— 1904 Journal, 369, 563, 569. SECRET WORK. (See Work of the Degree.) SEMI-ANNUAL PASSWORD. (See Passwords.) SESSION. (See Rebekah Lodge; Assembly Degree.) SOCIAL COMMITTEE. 3859. Debts for social purposes. The Social Committee has not the right to incur a debt for social purposes without authority from the Lodge, and the Lodge should not pay such a bill, so incurred, out of its General Fund, not having any money in its Special or Contingent Fund. — 1898 Jour- nal, 15, 204, 205. 215. 926 Rebekah Branch. SPECIAL FUND. (See Funds.) SPECIAL SESSION OF REBEKAH ASSEMBLY. (See Assembly Degree.) SUPPLIES. 3860. Secretary of Rebekah Assembly. The Grand Lodge authorizes the Secretary of the Rebekah Assembly, I. O. 0. F., of California, to purchase direct from the Grand Secretary of the Sovereign Grand Lodge, I. 0. 0. F., all supplies to be used by Rebekah Lodges of this jurisdiction. —1901 Journal, 583, 584, 589; 1900 S. G. L. Journal, 834, 903, 916. 3861. Schedule of prices for supplies. The following supplies must be obtained from the Secretary of the Re- bekah Assembly, I. 0. O. F., of California : Anniversary Ceremonies, each $ 0.25 Book of Forms (for public use), each 1.00 Burial Ceremonies, each 15 Charter Fee, including two Rituals 10.00 Cards, Withdrawal and Visiting, each 25 California Beautified Work 50 Cipher Key 50 Constitutions, in sheets for binding, per 100 2.20 Constitution Book, for members to sign 1.50 Digest Grand Lodge of California, per volume 3.00 Digest Sovereign Grand Lodge (1904 edition), Busbee, per volume 3.50 Diplomas 25 Dismissal Certificates, each 25 Floor Work (Sovereign Grand Lodge) 50 Memorial Ceremonies, each 25 Orders for Password, per 50, 75 cents; per 100 1.00 Ode Cards, each OH Ode Cards (with music), each 12i/L' Ode Books ( with music ) , each 75 Official Certificates (receipts for dues, etc.), per 100 1.00 Propositions for Membership, per 50, $1.00; per 100 1.50 Rebekah Codes and Digest of Laws 40 Rituals, each 2.50 Roll Book of Officers, each 1.25 Seal and Press, design to be furnished by Lodge 5.00 Rebekah Branch. 927 The following supplies may also be obtained from her: Treasurer's Receipt Book $ 2.00 Treasurer's Warrant Book 3.50 Visitor's Register 1.50 Notices of Suspension, per 50, 75 cents; per 100 1.00 Notices of Arrearages, per 125 1.00 letter Heads, one ream, $4.50; one-half ream, $2.50; one-fourth ream, $1.50 ; one-eighth ream 1.00 Record Books and Ledgers, according to size. Orders for supplies should be under seal of the Lodge. The Secretary of the Rebekah Assembly is forbidden to sell any supplies, or fill any orders for the same, except on the receipt of the money therefor. SUSPENSION FOR NON-PAYMENT OF DUES. (See Dues.) TERMS. 3862. Meeting semi-monthly. Rebekah Lodge having six months' terms and meeting semi-monthly, thirteen meet- ings would constitute a term, and seven a majority of the nights of the term.— 1896 S. G. L. Journal, 14674, 14949, 15019. TRIALS. 3863. Trial of brothers or sisters. A Rebekah Lodge may try, suspend or expel a member, male or female. — 1875 Journal, 281, 295 ; 1873 Journal, 871, 892. 3864. Subordinate and Rebekah Lodge. A brother under charges for the same ofl'ense in both his Subordinate and Rebekah Lodge should be tried in each. — 1903 S. G. L. Journal, 34, 284, 314. 3865. Charges of altering a Treasurer's receipt. In an accusation of this kind, a copy of the receipt should be set out in the charges, and the alteration thereof specified. — Carrie Budelman vs. Vesper Rebekah Lodge, 1899 Journal. 545, 612. 928 Rebekah Branch. 3866. Slander by accusing of theft. In such cases, when the language used does not directly or clearly charge theft, the facts or allegations should be set forth in the charges, showing that the language means or imports theft. — Carrie Budelman vs. Vesper Rebekah Lodge, 1899 Journal, 545, 612. 3867. Venue in charges. Charges should aver the place where the alleged offense occurred. They should give at least the county. — Howard vs. Martha Washington Rebekah Lodge, 1891 Journal, 666, 674. 3868. Venue and circumstances. Charges must specify the venue and other circumstances necessary to constitute an offense. — Sitton vs. Harmony Rebekah Lodge, 1905 Jour- nal, 912, 919. 3869. Frivolous charges.. Frivolous charges are charges which do not state facts constituting an offense in Odd Fel- lowship. — Dunlap vs. Sunset Rebekah Lodge, 1900 Journal, 136, 176. 3870. One who has resigned cannot prefer charges. A member who has resigned from the Order has no rights nor privileges therein, and cannot prefer charges against a member of the Order.— 1902 Journal, 751, 916, 940. (See Errata.) 3871. Request to withdraw charges — Motion. A motion to request the complainant to withdraw the charges is not a proper motion, as it is the Lodge's duty to appoint a Trial Committee as provided in Section 3, Article VI, and Section 1, Subdivision 12, Article V, of the Constitution of Rebekah Lodges. When the testimony is taken as provided in said Section 3, and reported to the Lodge with the verdict of the committee, then the Lodge, being in the possession of the testimony or evidence, will be enabled to pass upon the sufficiency of the evidence. — Dunlap vs. Sunset Rebekah Lodge, 1900 Journal, 136, 176. 3872. Lodge's duty when charges preferred. Where charges specify an oft'ense the Lodge has no right to refuse i Rebekah Branch. 929 to entertain them; they must be referred to a committee. — Dunlap vs. Sunset Rebekah Lodge, 1900 Journal, 136, 176. 3873. Appointment of Trial Committee — Noble Grand disqualified. The Xoble Grand appoints a majority of the committee. If the Noble Grand be disqualified, the Vice- Grand should take her place and as acting Noble Grand appoint the majority of the Trial Committee. — Wheeler vs. Friendship Rebekah Lodge, 1898 Journal, 165, 197. 3874. Filling a vacancy in Trial Committee — Vice- Grand. A vacancy caused by the resignation of a member appointed by the Vice-Grand should be filled by a Vice- Grand. — Wheeler vs. Friendship Rebekah Lodge, 1898 Journal, 165, 197. 3875. Objections to Trial Committee and examination, lere the accused duly objects to a member of the Trial 'Committee the accused has the right to question and exam- ine the member as to his qualifications to act thereon and alleged bias and prejudice. — Wheeler vs. Friendship Re- ibekah Lodge, 1898 Journal, 165, 197. 3876. When charges preferred by Noble Grand. When Icharges stating an offense are submitted to the Lodge by [the Noble Grand, the Noble Grand should vacate the Noble [Grand's chair and the same should be taken by the Vice- Grand, who, as acting Noble Grand, should appoint three [of the Trial Committee, and the acting Vice-Grand — that [is, the member who takes the Vice-Grand's chair while the '^ice-Grand occupies the Noble Grand's chair — should ap- [point, as acting Vice-Grand, two of the Trial Committee. — [Dunlap vs. Sunset Rebekah Lodge, 1900 Journal, 136, 137, 176. 3877. When charges preferred against Noble Grand. :W^hen charges are preferred against the Noble Grand of a Rebekah Lodge, the Vice-Grand takes the chair of the [Noble Grand and thus becomes the acting Noble Grand, ^and as such appoints three members of the Trial Commit- [tee. The member appointed to take the chair of the Vice- 69 930 Rebekah Branch. Grand becomes the acting Vice-Grand, and as such appoints the other two members of the committee. — 1897 Journal, 805, 1000, 1046. 3878. New Trial Committee. When a trial has been had and a new Trial Committee is to be appointed, none of the members on the former Trial Committee should be appointed on the new committee. — Solomon vs. Myrtle Re- bekah Lodge, 1903 Journal, 124, 154. 3879. Witnesses obligated or sworn. A witness who is a member of the Order must be obligated on the honor of an Odd Fellow, or, if not a member, must be sworn after the manner of witnesses in Courts of Justice by a member of the Trial Committee, The minutes of the committee must state that such oath or obligation was administered. — Solomon vs. Myrtle Rebekah Lodge, 1903 Journal, 124, 154. 3880. All the Trial Committee must act. All of the Trial Committee must be present to see and hear all the wit- nesses and all the testimony. — Solomon vs. Myrtle Re- bekah Lodge, 1903 Journal, 124, 154 ; Sitton vs. Harmony Rebekah Lodge, 1905 Journal, 912, 919. 3881. Reading over and signing testimony. Article VI, Section 3, of the Rebekah Lodge Constitution, does not require the testimony of witnesses in trials to be read over to the witness, or to be signed by the witness, but the Trial Committee may pursue that practice. — Solomon vs. Myrtle Rebekah Lodge, 1903 Journal, 125, 154; Dunlap vs. Sunset Rebekah Lodge, 1900 Journal, 145, 176. 3882. Wife as witness — Cross-examination. If the ac- cused introduces his wife as a witness, she is subject to cross-examination, and must answer all proper questions like other witnesses. — Solomon vs. Myrtle Rebekah Lodge, 1903 Journal, 125, 154. 3883. Testimony by questions and answers. In trial of charges the testimony must be taken by questions and answers, and be reduced to writing in the words employed I Rebekah Branch. d32 in propounding: the questions and in the words used in response thereto. — Sitton vs. Harmony Rebekah Lodge, 1905 Journal, 912, 919 ; Solomon vs. Myrtle Rebekah Lodge, 1903 Journal, 124, 154. 3884. All questions and answers must be taken down. The examination of witnesses in the trial of charfres is by questions and answers, and all the questions and answers should be taken down by the Trial Committee so that the Lodge, and also the Grand Lodge, in case of appeal, may be placed in possession of all the proceedings and evidence. — Solomon vs. Myrtle Rebekah Lodge, 1903 Journal, 124, 154. 3885. Testimony and proceedings in trials — Minutes. The Trial Committee must keep full, true and correct minutes of all testimony and proceedings. It is illegal for the Trial Committee to adopt a motion that the witnesses be allowed to testify in their own way and also a motion that the substance of the testimony be put on record. It is a fatal error. The testimony should be produced in accordance with the manner in Courts of Justice, that is, by questions and answers, and the questions as put and the answers as griven should be taken down. — Wheeler vs. Friendship Rebekah Lodge, 1898 Journal, 165, 197. 3886. Trial Committee must keep full minutes. The Trial Committee must keep full minutes of the evidence and of their proceedings (Article VI, Section 3, Rebekah Lodge Constitution), and it must reduce all the testimony to writing and must not omit any portion of the testimony of any witness and must embody in its minutes all the evidence, objections, exceptions, acts and proceedings. — Solomon vs. Myrtle Rebekah Lodge, 1903 Journal, 124, 154. 3887. Absence of accuser from trial. The fact that the accuser was not present at or a witness at the trial is immaterial. If the accused desires his testimony, he can have him subpoenaed and introduced as a witness, or the Trial Committee, if it considers it necessary or proper, may do likewise. — Solomon vs. Myrtle Rebekah Lodge, 1903 Journal. 124. 154. 932 Rebekah Branch. 3888. Notice of filing report and exceptions. The Secretary must forthwith, on the filing or the submission to the Lodge of the report of the Trial Committee, notify the party against whom the verdict is rendered, of the filing or making of the report, and the accused must have two weeks after the receipt of such notice in which to file ex- ceptions thereto, if he shall so desire. — Sitton vs. Har- mony Rebekah Lodge, 1905 Journal, 912, 919. 3889. Verdict of acquittal by Trial Committee and new committee. A Lodge may, in acting on the report of a Trial Committee, even though the report be one of acquittal, refer the matter to a new committee for trial. — Burns vs. Isabella Rebekah Lodge, 1898 Journal, 192, 215. 3890. Motion to accept a report. To accept a report means to receive for further action, and to receive a report is not equivalent to adopt. — Carrie Budelman vs. Vesper Rebekah Lodge, 1899 Journal 545, 612. 3891. Lodge must pronounce its judgment — Bill of Ex- ceptions. A Lodge, after passing upon a Bill of Exceptions, or after having resolved that the exceptions are not well founded, should then pass upon or come to some conclu- sion upon the report of the Trial Committee. It should pronounce its judgment. In pronouncing its judgment, it may or may not adopt the report of the Trial Committee, — that is, may find the brother guilty or not guilty, or take such other action as may be proper. It must pronounce its judgment that the accused is guilty before it can affix a penalty. — Solomon vs. Myrtle Rebekah Lodge, 1903 Journal, 124, 154; 1898 Journal, 165, 197. 3892. Lodge must pronounce judgment — No Bill of Ex- ceptions. The Lodge is required to pronounce judgment, whether a Bill of Exceptions is filed or not, and in pro- nouncing its judgment it may find the accused guilty or not guilty; but it must pronounce its judgment of conviction of some offense before it is authorized to proceed to ballot on the penalty or to impose a penalty. Where the Rebekah Branch. 933 Lodge took no action on the Trial Committee's report, or in any regard thereto, or in regard to the question of guilt or innocence of the accused, but proceeded and voted on the penalty, there is no judgment. — Sitton vs. Harmony Rebekah Lodge, 1905 Journal, 912, 919. TRUSTEES OF ORPHANS' HOME. (See Orphans' Home, Section 2483.) TRUSTEES OF REBEKAH LODGE. 3893. Election of Trustees for different terms. Where three Trustees are to be elected for different specified terms they cannot be elected collectively. The three may be elected on one ballot, but the ballot must specify the length of term for which each candidate is to be elected. — 1905 Journal, 746, 926, 944. 3894. When no By-Law provides for Trustees. Only such Rebekah Lodges as have provided for the election of Trustees in their By-Laws are required to elect Trustees. — 1903 Journal, 190, 204, 213. UNWRITTEN WORK. (See Work of Rebekah Degree.) VISITATION. (See Honors of the Degree.) VISITORS AND VISITING. 3895. Committee to examine visitors and annual pass- word. All members of the committee appointed to exam- ine visitors are not required to be in possession of the annual password. The Sovereign Grand Lodge requires that at least one member shall be in possession of the an- nual password.— 1903 Journal, 190, 204, 213. 3896. Suspended from Subordinate Lodge. A brother su.spended from his Subordinate Lodge tor a definite time cannot visit a Rebekah Lodge during such suspension. — 1897 Journal, 807, 1000, 1046. 934 Rebekah Branch. 3897. Withdrawal card and annual password. A per- son granted a Withdrawal Card by a Rebekah Lodge is entitled to visit Rebekah Lodges for one year after the date of said card on the annual password that was used at the date of the issuance of the card. — 1896 Journal, 419, 587, 628; 1880 Journal, 258, 359, 375. 3898. Withdrawal Card and proper password. At the time a Withdrawal Card is issued to a sister she is given the annual password then in force. She may visit on such Withdrawal Card and this password for one year there- after, and on no other password whatever. She is not en- titled to any other password — annual or semi-annual. — 1901 Journal, 412, 557, 562. 3899. Right to introduce visitors from another jurisdic- tion. Grand Representatives, elective officers of a Grand Lodge and elective officers of a Rebekah Assembly may introduce visiting members from another jurisdiction into Rebekah Lodges within their jurisdiction under the limita- tions of existing laws. — 1900 Journal, 889, 915; Article XIV, By-Laws S. G. Lodge. 3900. The same — Grand Representative and elective officers of Grand Lodge. A Representative to the Sover- eign Grand Lodge, or any elective officer of a Grand Lodge who is a member in good standing of a Rebekah Lodge, has the right to introduce a visitor into a Rebekah Lodge in his own jurisdiction whom he knows to be a member of a Rebekah Lodge in good standing of another jurisdiction. — 1892-1895 S. G. L. Journal, 13614, 13196, 14249, 14525, 14570. 3901. Elective Grand Officer and non-member of Rebekah Lodge. An elective officer of the Grand Lodge has no power to introduce into a Rebekah Lodge, a member of the Order who is not a member of a Rebekah Lodge. — 1885 Journal, 436. VISITING CARDS. (See Cards.) Rebekah Branch. 985 VOTE AND VOTING. (See Ballot and Voting.) WATCHERS AND WATCHING WITH THE SICK. (See Nurses and Watchers.) WITHDRAWAL CARDS. (See Cards.) WITNESSES. (See Trials.) WORK OF REBEKAH DEGREE. 3902. No deviations from Ritual. Rebekah Assemblies cannot permit any deviation from the work in the Ritual of the Rebekah Degree.— 1899 S. G. L. Journal, 32, 365, 394. 3903. Additional robes. There is nothing prohibiting additional robes to those prescribed in the Ritual, but others cannot be substituted in place of those prescribed. — 1895 S. G. L. Journal, 14241, 14487, 14570. 3904. Instruction in secret work. Only the Grand blas- ter or a Deputy or the Noble Grand has authority to impart instruction in the secret work. A delegate to the Rebekah Assembly has no authority to impart such instruction. — 1903 Journal, 210, 216. The President of the Rebekah As- sembly is the State Deputy of the Grand Master. — Constitu- tion Rebekah Assembly, Art. V, Sec. 1. 3905. Instruction in secret work — Assisting officer-elect. Any member in possession of it may a.ssist an officer-elect in becoming proficient in the secret work; but such assist- ance must not in any wise interfere with the official instruc- tions authorized by the laws of the Order. — 1904 Journal, 369, 563, 569. 3906. District Deputy of Subordinate Lodg^es — Past Grands. A District Deputy Grand Master of Subordinate Lodjjes has no ripht to instruct all Past Grands of his dis- trict in the work of the Degree of Rebekah.— 1889 Jounial, 119, 123, 166. 936 Rebekah Branch. 3907. Public anniversary. The paraphernalia used in the secret work cannot be worn by the officers on the occa- sion of a public anniversary of a Lodge. — 1896 S. G. L. Journal, 14676, 14949, 15019. 3908. Costumes, robes, exhibitions and photographs. A Rebekah Lodge cannot legally give an exhibition drill in costume, before persons not members of a Rebekah Lodge, using the drill or floor work pertaining to the degree; nor use the costumes in giving a public exhibition; nor have photographs of the staff taken in the robes and costumes used in conferring the degree, nor place such photographs on sale to Odd Fellows, nor have them taken for the use of its members.— 1896 S. G. L. Journal, 14676, 14949, 15019; 1897 S. G. L. Journal, 15170, 15534, 15584, 15613. 3909. Photographs of Rebekah Lodge Staff. A Rebekah Lodge Staff cannot have photographs taken in the robes and costumes of the staff work. — 1905 Journal, 748, 926, 944. 3910. Robes or costumes not worn in public or at pub- lic entertainment. A Rebekah Lodge cannot appear in pub- lic in the robes or costumes worn by them in conferring the degrees. They may only appear in public in the prescribed regalia. Nor is it permissible to give an entertainment to the public where the robes of the officers are used. — 1896 Journal, 418, 587, 628. 3911. Robes not worn in public ; no dispensation. There is nothing in the law which permits the Grand Master to issue to Rebekah Lodges a dispensation to appear in pub- lic in the robes worn by the officer in conferring the Re- bekah Degree.— 1896 Journal, 417, 587, 628. 3912. Exemplification of work — Rebekah Assembly. It is legal for Rebekah Assemblies to provide for exemplifica- tions of the unwritten work of the Rebekah Degree in open Lodge, by order of the installing officer of the Assembly. — 1897 S. G. L. Journal, 15171, 15534, 15584, 15613. (See Grand Lodge, Section 1584.) Rebekah Branch. 937 3913. Work not issued by Sovereign Grand Lodge. It is a gross violation of law for a Lodge to use, or have in its possession, any work purporting to be the secret work of Odd Fellowship, except that issued by the Sovereign Grand Lodge.— 1896 S. G. L. Journal, 14683, 14948, 15019. 3914. Spurious degree. The laws of the Order do not permit such a degree to be conferred in the Lodge-room or any room over which the Lodge has jurisdiction, — 1896 Journal, 419, 587, 628. 3915. Mock initiation. A Rebekah Lodge has no right to give or permit a mock initiation. There is but one form of initiation known to the Order, and that, the form pro- vided in the Ritual, and no Lodge should undertake any other. *'Mock initiation," or forms of pretended or false initiation of a candidate into the Order, are liable to lessen and to some extent destroy the solemnity and impressive- ness of the real initiation.— 1896 Journal, 582, 628, 419. 3916. Floor work. A Rebekah Lodge may use any form of floor work it prefers, provided it conforms in all respects to the Ritual. The forms authorized by the Sovereign Grand Lodge are only guides, and are not obligatory. But if a Lodge uses any other form than that provided by the Sov- ereign Grand Lodge it is not proper to print and publish the same, as it must of necessity contain reference to the Ritual and ceremonies of the Order, which can only be printed or published by authority of the Sovereign Grand Lodge. — 1892 S. G. L. Journal, 12797, 13050, 13076 3917. The unwritten work of Rebekah Degree. The Sovereign Grand Lodge now prints the unwritten work of the Rebekah Degree with illustrations and sells the same to the Secretary of the Rebekah Assembly in all jurisdictions where the Grand Lodge has granted permission to the Re- bekah Assembly to purchase supplies direct from the Grand Secretary of the Sovereign Grand Lodge. — 1903 S. G. L. Journal, 292, 293, 315. In this jurisdiction the Grand Lodge has granted such permission to the Rebekah Assembly, I. 0. O. F. of California.— 1901 Journal, 583, 584, 589. 938 CONSTITUTION OF SUBORDINATE LODGES UNDER THE JURISDICTION OF THE GRAND LODGE, I. 0. 0. F. OF THE STATE OF CALIFORNIA. PREAMBLE. For the purpose of effecting uniformity in the adminis- tration of the privileges, honors and benefits of Odd Fel- lowship withi*Q this jurisdiction, the Grand Lodge of the Independent Order of Odd Fellows of the State of Califor- nia ordains the following Constitution of Subordinate Lodges under its jurisdiction: ARTICLE I. Section 1. — Name. This Lodge shall consist of at least five members of the Degree of Truth, including one qual- ified to preside at its meetings, to be hailed and entitled Lodge, No , of the Independent Order of Odd Fellows, of California, holding a legal charter grant- ed by the Grand Lodge of the Independent Order of Odd Fellows of the State of California. It cannot voluntarily surrender its charter so long as five Third Degree members in good standing object thereto. ARTICLE II. Section 1. — Membership. Every applicant for initiation must be a free white male of the age of twenty-one years; of sound health; of good moral character and industrious habits, having some known respectable means of support; must believe in the existence of a Supreme Being, the Cre- Constitution of Subordinate Lodges. 989 ator and Preserver of the Universe, and be proposed in the Lodge nearest his residence, except that Lodge grant per- mission for his joining another Lodge; provided^ that ap- plication for membership may be made to any Lodge near- est the residence of the applicant in the same county or district. A candidate may be admitted in any Lodge in the city or village in which he resides; but all candidates for initiation must reside in this jurisdiction, except such can- didates as may apply from other States or Territories where there is no Grand Lodge or District Deputy Grand Sire located. Sec. 2. — Deposit of card, Dismissal Certificate or Ancient Odd Fellow. Every applicant for membership by deposit of card, or certificate of dismissal, or as an Ancient Odd Fellow, shall deposit his card or certificate with his propo- sition, or furnish satisfactory evidence that such card or certificate has been lost. Sec. 3. — Suspended or expelled members. No suspended or expelled member of the Order can be admitted to mem- bership in this Lodge except on a Dismissal Certificate or on being reinstated and receiving a Withdrawal Card from the Lodge which suspended or expelled him, or from the Grand Secretary, as prescribed by law. Sec. 4. — Non-beneficial members. An Odd Fellow who has been regularly initiated into the Order, and has retained membership therein for at least five consecutive years, and who at the time of making application for reinstatement or membership shall be over fifty years of age, may be ad- mitted to membership in this Lodge as a non-beneficial member upon such terms as the By-Laws may prescribe, by presenting a petition as required under Section 1, Article III, for proposals for membership by initiation, which shall be disposed of according to said section. Sec. 5. — Applicant residing nearer another Lodge. When an application for membership is received from a person residing nearer to another Lodge than the one to which the application is made, the Lodge receiving such application 940 Constitution of Subordinate Lodges. shall communicate the fact to the Lodge nearest the resi- dence of such applicant, and shall inquire whether such person is a fit and proper person to be admitted into our Order, and, if in the same county and district, shall also ask the consent of such Lodge to receive and act upon such application; and it shall take no further action upon such application until an answer is received tc such communica- tion. The Lodge receiving such communication shall ap- point a committee of three to investigate the character, standing and health of the petitioner, in the same manner as if the application was made directly to such Lodge. Such committee shall report at the next regular meeting of the Lodge, and a certified copy of the report, together with a certified copy of the minutes showing the action of the Lodge upon the request for consent to receive and act upon the application (if such consent was necessary), shall be forthwith forwarded to the Lodge in which such application is filed, and said last-named Lodge may then proceed upon such application as in other cases, except that if it be a case where the consent of the other Lodge is necessary, and that consent be refused, the petitioner's money (if any has been paid) shall be returned, and no further action shall be had in the premises. Sec. 6. — Saloon-keeper, bartender and gambler. No saloon-keeper, bartender or professional gambler shall be eligible to membership in this Order. ARTICLE III. Section 1. Propositions for membership. The name of a person offered for membership, with his age, nativity, residence and occupation, must be proposed by a member, in writing, signed by the applicant, with the names of two persons as references attached, and entered upon the record, and forthwith be referred to a committee of three members for investigation, who shall report at the next succeeding regular meeting (unless extraordinary circumstances pre- vent), when the candidate shall be balloted for with ball ballots, and if not more than two black-balls appear, he ^ Constitution of Subordinate Lodges. 941 shall be elected ; but if three or more black-balls appear, the candidate shall be declared rejected. upc Sec. 2. — Transfer of membership by deposit of card. A mber of the Order entitled to a Withdrawal Card, who on change of his residence may desire to join this Lodge by deposit of card may make application for admission be- fore severing his connection with his Lodge by sending in his petition setting forth the fact, together with such other matter as is usually contained in petitions for membership. In case of the election of such applicant, the Secretary shall immediately notify the Lodge to which the brother belongs, and when the brother's Withdrawal Card shall have been received by the Secretary of this Lodge he shall be entitled to sign the Constitution and thereby be received in full membership without being* required to pay any card or ad- mission fee. A ballot under this section cannot be recon- sidered. Sec. 3. — Withdrawal Card on transfer of membership. Should this Lodge receive notification that one of its mem- bers has been elected to membership by another Lodge, upon application as provided in Section 2 of this Article, this Lodge shall, at the meeting when such notification is re- ceived, grant such brother a Withdrawal Card if he is clear on the books of the Lodge and free from all charges, upon the payment of the actual cost of the card to the Lodge, and the Secretary shall immediately forward the card to tlie Lodge from which the notification of the brother's elec- tion to membership comes. Sec. 4. — Reconsideration of ballot — Re-ballot. No recon- sideration of an unfavorable ballot can be had unless all he brothers who may cast black balls against an applicant or membership voluntarily make a motion for reconsidera- tion of the ballot; provided, such reconsideration be had within four regular meeting nights next succeeding such • jection; and in such case the vote on the reconsideration hall be taken by ball ballots, and if all the balls cast be in ; avor of it, the reconsideration shall be had ; whereupon the 942 Constitution of Subordinate Lodges. application shall lie over till the succeeding meeting, wh another ballot shall be had with ball ballots, and if the sa be unanimously in favor of the applicant, he shall thereb; be elected; but if one or more black balls appear in either ballot, the applicant shall be rejected; and in no case shall a reconsideration be had except upon a voluntary motion of all those who cast black balls; and never more than one motion for a reconsideration in the same case shall be al- lowed. A favorable balloting can be reconsidered at any meeting prior to the admission of a candidate; provided, a majority of the members present agree thereto. In case one or more black balls appear in a ballot for a candidate for membership, the Lodge may immediately retake the bal- lot for such candidate, in order to verify the fact that such black balls may not have been cast by error. Sec. 5. — Rejection notice — Renewal of application. When a candidate for initiation has been rejected, notice thereof shall be sent, without delay, to the Grand Secretary, and to all the Lodges in the county and district, and he cannot be proposed again in any Lodge for the space of one year after such rejection. All other applications for membership may be renewed at any time. Sec. 6. — Withdrawing application. An application for membership may be withdrawn without the permission of the Lodge before the report of the committee is read to the Lodge ; but after the report of the committee has been read, the candidate must be balloted for. Sec. 7. — False representations. If any person shall gain admittance to any Lodge upon a petition containing any false representations, he shall be expelled. Sec. 8. — Change of name on records. In case the name of any member of the Order shall" at any time appear — upon memorial duly presented by him — not to be his correct name, the Lodge may, upon motion duly made therefor, order such name changed upon the records of the Lodge to his true name; provided, a motion therefor shall be sub- Constitution of Subordinate Lodges. 943 mitted in writing at least two weeks prior to action thereon ; and provided further, that two-thirds of the members pres- ent at the meeting of the Lodge consent thereto; and the Secretary shall report such action to the Grand Secretary, who shall report the same to all the Lodges in the jurisdic- tion. ARTICLE IV. Section 1. — Fees, dues and assessments. The fees of the Lodge shall not be less than $10.00 for initiation; $5.00 for admission by card; $5.00 for each degree; $8.00 for an An- cient Odd Fellow, and $10.00 by deposit of Dismissal Cer- tificate. No card or admission fee shall be required in case of those who become members on an unexpired Withdrawal Card on transfer of membership. The dues of this Lodge shall not be less than twelve and one-half cents per week for beneficial members, and five cents per week for non-bene- ficial members, both payable weekly in advance; provided, that the dues of non-beneficial members shall not be more than one-half the amount charged to beneficial members. In addition to the foregoing, the Lodge may provide by its By-Laws for a widows', orphans' and educational fund, and funeral tax, and for extraordinary assessments for Lodge purposes. Sec. 2. — Benefits and dues, assessments and fines. Every member qualified as required by tlie By-Laws shall in case of being disabled by sickness or bodily accident from earn- ing a livelihood, be entitled to, and may receive such weekly benefits as may be fixed by law, from the funds of the Lodge, which shall in no case be less than four dollars per week for Third Degree members; provided, that Lodges may provide in their By-Laws that when a brother shall have received, in the aggregate, the sum of five hundred dollars as sick benefits from the funds of the Lodge, he shall there- after be entitled to receive two dollars per week as sick benefits. But the Lodge may provide in its By-Laws that none but Third Degree members shall be entitled to weekly benefits; also, that benefits shall not be allowed for the first 944 Constitution of Suboudinate Lodges. week's sickness. Such benefits shall commence six months from the date of admission to membership in this Lodge, whether the same be by initiation, deposit of card, as an Ancient Odd Fellow, or by Dismissal Certificate; provided, the brother shall have attained the degree required by the By-Laws, and all brothers, if otherwise qualified, shall be entitled to benefits if not more than thirteen weeks in arrears for dues, assessments or fines ; provided, that all pay- ments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the pay- ment of dues, assessments and fines in the order in which they become due, but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. Benefits are rights personal to the member, his family and dependent relatives, and are not payable to the legal repre- sentatives of a member's estate. Sec. 3. — Funeral expenses and funeral benefits. In case of the death of a member, irrespective of his standing rela- tive to sick benefits, there shall be allowed from the Lodge a uniform sum of not less than thirty dollars to defray the expenses of the burial, to be paid by the Noble Grand on account of the funeral; provided, the brother be buried by the Order or at the expense of the family of the deceased. In the absence of competent relations the Noble Grand shall take charge of the funeral and render an account of the disbursements. In addition to the above, the Lodge may provide in its By-Laws for a funeral benefit. Sec. 4. — Funeral and sick benefits) funeral expenses and inmates of Odd Fellows' Home. The funeral and sick ben- efits shall be regulated by the By-Laws of the Lodge, and all orders drawn for the above benefits shall be by vote of the Lodge. No brother who shall have been admitted to the Odd Fellows' Home as an indigent shall be entitled to sick or funeral benefits during the time he shall remain an in- mate of the Home, but the funeral expenses allowed by the By-Laws of his Lodge, in case of his death and burial by the Home, shall be paid into the Odd Fellows' Home Fund. Constitution of Subordinate Lodges. 945 No brother shall be required to pay Lodge dues or assess- ments while an inmate of the Home as an indigent. Sec. 5. — Benefit investigations — Appeal. If a Lodge re- fuses or neglects to grant sick benefits to a brother he may, at any time within four weeks thereafter, demand, in writ- ing, that the Lodge appoint a committee to investigate the matter; whereupon the Lodge shall appoint a committee of five to hear the evidence and report the facts and their con- clusions to the Lodge. The Noble Grand shall appoint three members of such committee, and the Vice-Grand shall ap- point two members. The committee shall be governed by the laws applicable to Trial Committees upon charges. Such committee shall, without unnecessary delay, notify the brother of the time and place of their meeting, and investi- gate the case. Objections to the appointment, or to any of the committee must, if the claimant is present in the Lodge when the committee is appointed, be made then, unless the brother requests a continuance, which s?iall be granted for at least one week, and each member of the committee may be examined as to their qualifications to act thereon, and if the claimant is not present when the committee is appointed, he must make his examination of, and his objections to, the committee before it proceeds to receive the testimony or evidence. Such objections, when made to the committee as herein provided, shall be forthwith referred and reported to the Lodge for its action thereon. The committee shall keep full minutes of the evidence, and of their proceedings, and report the same to the Lodge with their conclusion. The claimant has the affirmative of the issue. If a witness be a member of the Order, he shall be obligated and give his testi- mony on the honor of an Odd Fellow. If he be not a member then on oath or affirmation, and the proceedings must state that such oath, affirmation or obligation was administered. The obligation, oath or affirmation may be administered by any member of the committee. Hearsay and ex-parte state- ments must not be received, but the witness must personally appear and testify, or his deposition must be taken as pro- vided by the laws of the Order. No testimony shall be taken 60 946 Constitution of Subordinate Lodges. without notice, or opportunity for cross-examination by the opposing party. Each witness, at the conclusion of his testi- mony, or if the committee adjourn before its conclusion, then at each adjournment, shall have his testimony as taken down by the committee read over to him, and after making such corrections thereof as he may desire, shall then sign each page of said testimony. The fact that his testimony has not been concluded shall, in case of adjournment, be noted in the minutes. Upon report being made by the committee to the Lodge, notice thereof shall be given by the Secretary to the claimant, and he shall have two weeks after service of such notice in which to file his exceptions thereto. The Sec- retary shall file a written certificate or proof of such service. If a Bill of Exceptions to the report of the committee is filed, as above provided, the Lodge may determine upon its merits, and either change, modify or sustain the report of the committee; or refer it back to the same or another com- mittee, or order a new investigation. If the Lodge shall deem the exceptions not well taken, or if no exceptions have been filed within two weeks as above provided, it shall pronounce its judgment and decision. An appeal from the judgment of the Lodge may be taken at any time within two weeks there- after to the Grand Lodge, on questions of law, or fact, or both, and if no such appeal is taken, the judgment of the Lodge is final. In lieu of the taking down of the testimony by the committee and the signing of the same as herein pro- vided, the same may, by consent, duly signed, be taken down by a shorthand reporter, and as soon as possible thereafter written out by him in long-hand, and duly certified by him to be correct, but any witness may, if he desires, correct his testimony after it is so written out, and in such case of cor- rection shall sign the same. The Lodge shall not be liable for the expenses of the stenographer or any part thereof, except it shall have authorized the employment of said stenographer by vote, at a regular meeting prior to his employment. Sec. 6. — A member no right to resort to courts of law for benefits, etc. This Constitution and all laws, rules and regu- Constitution of Subordinate Lodges. 947 lations providing for the granting of sick, funeral and other benefits, or of any aid, relief, assistance, allowance, expenses, or money to any member, wife, widow, orphan or any person whatever, or providing for the payment to the Lodge of dues, assessments and demands by a member, are not intended and shall not be construed to create the relation of debtor and creditor, nor to create legal rights, liabilities, nor responsi- bilities, nor any legal contractual relation, nor to confer any right to enforce the granting or payment of the same by resort to courts of law ; on the contrary, all questions, whether of law or fact, relative to the granting, payment, or refusal of the same, relate to moral duties or obligations, and not to legal ones, and appertain to the sole jurisdiction of this Lodge and the authorities of this Order, and their decisions in the premises shall be binding, conclusive and final upon all members, wives, widows, orphans, or persons. Every person by becoming or continuing a member of this Lodge consents to and agrees to abide by all the laws and decisions of this Lodge and of the authorities of the Order. Sec. 7. — Sovereign Grand Lodge and Grand Lodge. The Constitution, Laws and Decisions of the Sovereign Grand Lodge of the Independent Order of Odd Fellows and the Constitution, Laws and Decisions of the Grand Lodge of the Independent Order of Odd Fellows of the State of Cali- fornia, are laws of this Lodge, and all persons, by becoming or continuing members of this Lodge, consent to, and agree to abide by the same. Sec. 8. — When benefits and allowance not payable — In- vestigation — Appeal. No benefits shall be paid for any injury or disability received in the commission of a crime or an immoral act, nor for any sickness or disability arising from any criminal or immoral acts, conduct, causes or con- siderations, nor in cases where the same contribute thereto. No benefit or allowance shall be paid to any widow of an Odd Fellow, except while she maintains a good moral char- acter in fact, and in case a Lodge neglects or refuses to grant the same on account of any immoral act or conduct, or other- wise, she may demand within four weeks thereafter the 948 Constitution of Subordinate Lodges. appointment of a committee, as provided in Section 5 of this Article, and said section shall, in all matters, including man- ner and time of appeal, be applicable thereto. In cases where the Lodge refuses or neglects to pay any benefit or relief, or allowance, which our laws provide shall be paid, the person may, within four weeks thereafter, likewise demand a committee, as provided in said Section 5, and the section shall likewise, in all matters, including the time and manner of appeal, be applicable thereto. Sec. 9. — Death and substitution of parties. If any member shall die before the time for making any demand or exer- cising any right under our laws has expired, his widow, or other relative or person pecuniarily interested in the matter under our laws, may be substituted in the place of such de- ceased member within eight weeks after said death, and thereafter prosecute the matter to final determination in the Order. Such substitution may be made by serving the Lodge with a written notice, stating the death and the date thereof, the facts showing the person to be such beneficiary, and that the person desires to prosecute the matter, and also, within the said eight weeks, make the demand on the Lodge or exercise the right by notice, in writing, to the Lodge. Sec. 10. — Benefits — Arrears — Assignment — Executor or administrator — Nurses. A brother who is not entitled to sick, funeral or other benefits, by reason of non-payment of dues or demands against him, cannot, during his sickness, by the payment of arrearages, reinstate himself in good stand- ing, so as to be entitled to benefits during that sickness. A sick brother claiming benefits must report himself, or cause himself to be reported, sick to the Lodge without delay. Sick, funeral or other benefits, allowance to defray burial or funeral expenses, relief, donation, aid, assistance or allow- ance, are not assignable and are not payable to an executor or administrator. In any case in which neither this Consti- tution nor the laws of the Lodge, nor of the Order, designate the person to whom the benefits, expenses, allowance, relief, etc., shall be paid, the Lodge may determine the same. If the By-Laws provide for nurse hire for a member the Lodge Constitution of Subordinate Lodges. 949 cannot discriminate between brothers who are at the location of the Lodge and those absent therefrom, but all members are equally entitled to the same. ARTICLE V. Section 1. — Degrees. Application for election to either of the three Subordinate Degrees shall be accompanied with the amount required therefor, and presented to the Lodge, under the proper head, when the Lodge shall ballot upon the appli- cation, and if not more than two black balls or cubes are cast, he shall be declared elected; and if the Lodge does not confer the degrees upon its own members, a certificate shall be given the applicant, addressed to a Degree Lodge, or officer authorized to confer degrees, showing that he is a member of this Lodge, and has been authorized to receive them; provided, that no brother shall have conferred upon him a higher degree in the Order until he has been found proficient by examination in open Lodge in the secret work and the signs, passwords and grips of the highest degree he has attained. Sec. 2. — Conferring degrees — Renewal of application. Not more than two degrees shall be conferred upon a candidate at any one meeting, except by dispensation from the Grand Master only. If any degree be refused a brother, no appli- cation shall be again received from him within three months. Sec. 3. — Balloting on two or more applicants for degrees. Two or more applications for the same degree may be bal- loted upon at the same time, and if not more than two black balls, or cubes, be cast, all shall be declared elected to the degree balloted for; but if more than two black balls, or cubes, be cast, the Lodge shall then proceed to ballot upon each application for such degree separately. ARTICLE VI. Section 1. — Elective officers. The elective officers shall consist of a Noble Grand, Vice-Grand, Secretary, and Treas- urer: providedt that Lodges may elect officers annually in 950 Constitution of Subordinate Lodges. December for the ensuing year when so provided in the By- Laws of the Lodge. The Lodge may also elect a Financial Secretary to serve for one year, and three Trustees to serve for such terms as the By-Laws shall prescribe; provided, further, that no member shall hold any two of said offices at the same time. Sec. 2. — Appointed oflacers. The appointed officers shall consist of a Warden, Conductor, Outside Guardian, Inside Guardian, Right Supporter to Noble Grand, Left Supporter to Noble Grand, Right Supporter to Vice-Grand, Left Sup- porter to Vice-Grand, and Right and Left Scene Supporters, who shall each serve a regular term ; and the Lodge may also appoint a Chaplain for a regular term. Sec. 3. — Qualifications for office — Dispensation. No mem- ber of this Lodge shall be installed as Noble Grand unless he has served a term as Vice-Grand, or a majority of the nights of the last of a term to fill a vacancy; or as Vice- Grand, unless he has served twenty-six weeks in an inferior office other than Trustee. Service in office, whether elected or appointed, is qualifying in any other Lodge as well as in this Lodge, providing a brother has a certificate to that effect under seal of a Lodge in good standing; provided, that any member of the Degree of Truth may be elected if all qualified brothers refuse to serve, and a dispensation be granted by the Grand Master or Deputy of the District previous to the election. Sec. 4. — Officers — Secret work — Pecuniary charges. The Noble Grand and Vice-Grand, prior to installation, must, in open Lodge, pass an examination in the secret work of the Order and in the opening and closing charges, satisfactory to the District Deputy Grand Master. All officers shall be clear of all pecuniary charges on the books at the time of installation. Sec. 5. — Nominations. Nominations for elective offices shall be made only on the two meetings immediately pre- ceding that of a regular election, except when the nominees for an office all decline. Constitution of Subordinate Lodges. 951 Sec. 6. Election — Installation. Officers shall be elected by ballot at the first regular meeting in June and December of each year, unless othenvise provided in the By-Laws; provided, that if any officer so elected declines to serve, then the Lodge may proceed to nominate and elect to fill such vacancy at any regular meeting prior to installation, and be installed at the first regular meeting in January and July of each year, unless a term of one year is provided in the By-Laws, when such installation shall be held on the first regular meeting in January of each year, providing the installing officers be present; if absent, the Lodge may, by vote, defer it for one week, or call a special meeting for that purpose at the request of the District Deputy Grand Master. Sec. 7. — Absence of officer — Removal. Any officer absent- ing himself from the Lodge for three successive meetings, except in case of sickness, or any officer for misconduct or neglect as such, may be removed by a vote of two-thirds of the members voting at the next regular meeting after a reso- lution therefor has been offered in the Lodge at a regular meeting. Sec. 8. — Vacancies, how filled. Vacancies in any elective office may be filled by the Lodge by nomination, and election by ballot at the next regular meeting after nominating, and, imtil so filled, the Noble Grand shall appoint a member to the office pro tern. Sec. 9. — Duties of officers. The duties of the various officers shall be as laid down in the charges of office, and as specified by this Constitution and the By-Laws of the Lodge. Sec. 10. — Committees on candidates and charges. The Xoble Grand, or officer acting as such, shall appoint the majority, and the Vice-Grand, or officer acting as such, the minority of all committees on candidates and charges. Sec. 11. — Representatives. The Lodge, at the last regular meeting in March of each year, shall elect one Representa- tive to the Grand Lodge for its members of fifty or under; also, one Representative for every fifty members over and above said first number of fifty, and one for every fraction 952 Constitution of Subordinate Lodges. exceeding thirty members in good standing as shown by its report on the 31st day of December of the previous year. Sec. 12. — Holding different offices. No member holding an office relating to the management or disbursement of Lodge funds shall be eligible to any other office of similar character in the same Lodge during the term of office to which he was first elected. Sec. 13. — Election by acclamation. At all elections pro- vided for by Sections 6 and 8 of this Article, if there be but one candidate for an office, such candidate may be elected by acclamation. Sec. 14. — Treasurer, Trustee, and funds. No member shall be eligible for election of Treasurer or Trustee of a Lodge who is indebted to the Lodge for any borrowed money, or held as security to the Lodge for any indebtedness due the Lodge; nor shall a Treasurer or Trustee be permitted to borrow or use any funds of the Lodge, or become surety for the same. ARTICLE VII. Section 1. — Duties of Noble Grand. It shall be the duty of the Noble Grand to preside at all sessions of the Lodge and enforce a due observance of the Constitution and By- Laws ; to see that all officers, members and committees of the Lodge perform their respective duties, as enjoined by the several charges and laws; to appoint all officers and com- mittees not otherwise provided for; to see that brothers are instructed, to enable them to meet the requirements of Article V of this Constitution; he shall not be entitled to vote, except at the election of officers and when balloting for candidates; when the members are equally divided on other questions he shall give the casting vote, excepting in cases of appeal from his decision; he shall inspect and an- nounce the result of all ballotings, or other votes by the Lodge; sign all orders drawn by the Recording Secretary on the Treasury for moneys legally voted, and previous to clos- ing require the Financial Secretary to read the receipts of the evening, and ask the Treasurer if he has received the Constitution of Subordinate Lodges. 953 same. He shall, also, on the evening of installation, appoint a Finance Committee to serve for the term, consisting of three members not having charge of the Lodge funds. Sec. 2.— Duties of Vice-Grand. The Vice-Grand shall assist the Noble Grand in the performance of his duties ; under his direction have charge of the door; preside over the Lodge in the absence of the Noble Grand ; shall examine and ascertain the condition of the ballot in all cases where the vote is required to be taken by ball ballots, and perform all other duties required by the charges and usages of the Order. Sec. 3. — Duties of Recording Secretary. The Recording Secretary shall keep accurate minutes of Lodge proceed- ings; endorse and file all papers and documents pertaining to Lodge transactions; issue, sign and attest, when required by the Lodge or the laws and usages of the Order, all cards, certificates, drafts and other official documents, and affix thereto the Lodge seal, which shall be in his charge and keep- ing; number serially and file all communications from the Grand Master or Grand Secretary and enter an abstract thereof, and the number, on the minutes ; make out with the assistance of the Financial Secretary (if any) the term and relief reports; give without vote, to any qualified brother, a certificate of his standing in the Lodge to enable him to join an Encampment or a Rebekah Lodge; give the notice required by Section 8 of Article VIII of this Constitution; endorse on proposition for membership the names of the Committee of Investigation and notify them of their appoint- ment; notify persons elected to membership when to appear for initiation or admission ; keep a roll of the members, with a record of the degrees and rank they have attained; and perform such other duties as are or may be required by the laws, charges and usages of the Order. He shall, immediately after the installation of officers of his Lodge at the com- mencement of each term, fonvard an order for the Semi- Annual Password to each member of his Lodge who is an inmate of the Odd Fellows* Home. He may receive such compensation for his services as the Lodge may determine. 954 Constitution of Subordinate Lodges. Sec. 4. — Duties of Financial Secretary. The Financial Secretary (or Secretary, should there be no Financial Sec- retary) shall keep just and true accounts between the Lodge and its members, or others, in a regular set of books, includ- ing ledger, iournal, receipt and cash books, and such others as may be required by the Lodge and the laws and usages of the Order. And he shall give each member credit for money when paid to him, and the brother's credit and stand- ing shall date from such payment. He shall also keep a book in which the residence of each member is recorded, and in which he shall note any change of the same He shall receive and receipt for all money due the Lodge. He shall pay the same to the Treasurer at each meeting. He shall give the notices required by Section 1 of Article VIH of this Consti- tution, and shall keep a copy of the same, or the substance thereof, with the date, on a stub to be retained by him in a book prepared for that purpose; endorse cards of visitors; during the months of June and December of each year, and previous to the last meeting of said months, notify each mem- ber who is in any way indebted to the Lodge, of the state of his account; assist the Recording Secretary in making his term reports and render to the Lodge at the closing of each term an abstract of all accounts on the Lodge books, together with the receipts and expenditures of the term. He shall also furnish at each election a list of members entitled to vote to the Noble Grand; under his direction call the same, and perform such other duties as may be required by the Lodge and the laws and usages of the Order; The Financial Secre- tary may receive such compensation for his services as the Lodge may determine. Sec. 5. — Duties of Treasurer. The Treasurer, prior to installation, shall give a joint and several bond, payable to the Trustees, in trust for the Lodge, in the sum of not less than one thousand dollars, with two or more sureties, for the faithful performance of his duty ; receive from the Finan- cial Secretary, each Lodge night, the money in his hands; pay all orders drawn on him by the Noble Grand by author- CONSTITXJTION OF SUBORDINATE LODGES. 955 ity of the Lodge, and attested by the Recording Secretary under the seal thereof; give, when requested by the Noble Grand, a statement, in writing, of money on hand; report at the first meeting in each month the receipts and expendi- tures of the preceding month, with balance on hand ; at the last meeting of each term report the term receipts and ex- penditures, and exhibit vouchers, and have his books written up for examination by the Finance Committee within twenty- four hours thereafter. Sec. 6.— Duties of Trustees. The Trustees (if there be any) shall give a joint and several bond in such sum as may be required, for the faithful performance of their duties, to be approved by the Lodge, and made payable to the Noble Grand and Vice-Grand, with two good and sufficient sureties for each Trustee ; provided, that each Trustee may execute a separate bond with two sureties as aforesaid, if he so elect, or the By-Laws so prescribe. The Board of Trustees shall hold in trust all stocks, securi- ties, investments, property and funds belonging to this Lodge, and transfer, exchange, or deposit the same, or any part thereof, when required by the Lodge so to do; and . shall also keep the funds invested for the best interests of the Lodge, in such stocks, bonds, or other securities as shall be approved of by a two-thirds vote of the members present at a regular meeting, or deposit the same in some savings bank. It shall be their duty to have the general supervision of the widows and orphans of deceased members of the Lodge, and render them such assistance as the Lodge may direct, or the rules and usages of the Order may require. On the expira- tion of their term of office, or removal therefrom, they shall deliver to their successors in office, or such persons as shall be appointed, all the books, papers, bonds or other property they may have in their hands belonging to the Lodge. They shall keep a full and correct account of all moneys received, expended or invested, and at the close of each semi-annual term make a full report, in writing, of all business transacted by them during the term, together with a particular state- ment of the funds and investments belonging to the Lodge. 956 Constitution of Subordinate Lodges. Sec. 7. — Duties of Warden. The Warden shall canvass all votes, when directed by the Noble Grand, and perform the other duties of his office. Sec. 8. — Duties of the Outside Guardian. The Outside Guardian, in addition to the duties of his office, shall, under the Warden, take care of the regalia and Lodge-room, and may receive such compensation for his services as the Lodge may determine. Sec. 9. — Chaplain. The Noble Grand may appoint a Chap- lain, \Vho shall open and close regular meetings with prayer, and perform such other appropriate duties as the Lodge may direct. Sec. 10. — Duties of Acting Past Grand. The Acting Past Grand shall attend all regular meetings, deliver the charge of his office, and act as Outside Conductor when required by the Noble Grand, and prefer charges when violations, of the law are called to his attention by brothers of the Lodge. Sec. 11. — Other officers. All other officers shall perform such duties as are prescribed for them by the regulations of the Order, this Constitution, or the By-Laws of this Lodge. Sec. 12. — Official bonds or guarantee. Any Lodge may provide in its By-Laws for the acceptance of the guarantee of an incorporated security company in place of the bonds provided for in this Article, for the faithful performance of their respective duties by the financial officers of the Lodge. ARTICLE VIII. Section 1. — Suspension for non-payment of dues or de- mands. Clause 1. Any member neglecting or refusing to make payment of his dues, or demands against him, to the Lodge according to its By-Laws, for the space of twelve months, the fact that he is in arrears more than twelve months shall be announced by the Financial Secretary, or if there is none, by the Recording Secretary, in open Lodge, at least two regular meetings, and he shall be suspended from membership and shall be so declared by the Noble Grand, \ Constitution of Subordinate Lodges, 957 [unless otherwise determined by a vote of the Lodg:e. When a brother is eleven months in arrears, the Financial Secretary, or if there be none, the Recording Secretary, shall give him personally or shall send him by mail, to his last given ad- ^dress, a written notice of the state of his account. The fail- or neglect to give or send this notice shall not delay or affect the validity of the suspension; and provided that no person shall be suspended under this section while charges are pending against him, and provided that a member may, prior to suspension, pay a sufficient portion of the amount due to avoid suspension. Provided, that no member shall be sus- pended for non-payment of dues who is over 60 years of age, and who has been a contributing member for twenty-five consecutive years, but he shall be retained as a non-bene- ficial member, and as such shall be entitled to the password and all the privileges of active members, except benefits. The Lodge shall not be compelled- to pay per capita tax on such non-beneficial members. Such non-beneficial members may be reinstated in the manner as provided for the reinstatement of suspended members for non-payment of dues. Clause 2. — Reinstatement. Any member suspended from membership for non-payment of dues may be reinstated in the Lodge from which he was suspended within one year thereafter, by paying the amount of one year's dues and by receiving a vote of two-thirds of the members present — a motion to that effect having been laid over one week, and said vote shall be by ballot; but after one year he may be reinstated upon the payment of the amount of one year's dues or such greater sum as the By-Laws of the Lodge may prescribe; and he shall petition the Lodge in writing to be reinstated, which shall be disposed of as provided for in Article III, Section 1, for petitions for membership by ini- tiation. Clause 3. — Reinstatement and Withdrawal Card. A mem- ber suspended from membership for non-payment of dues, and who makes application for reinstatement and for a Withdrawal Card for the purpose of uniting with another Lodge in this jurisdiction, may be reinstated and granted a 958 Constitution of Subordinate Lodges. final card at any time within five years from the date of suspension, upon the payment of one year's dues and the usual price of a card. Clause 4. — Dismissal Certificate. A member, after being suspended in this jurisdiction for non-payment of dues for the space of five years, wishing to join a Lodge in this juris- diction, shall be entitled to receive, and the Lodge shall grant him, upon proper application, a Dismissal Certificate, upon the receipt of one dollar. Clause 5. — Dismissal Certificate. A member suspended from membership in this jurisdiction for non-payment of dues, wishing to regain membership in another jurisdiction, shall, upon proper application, be entitled to receive from the Lodge from which he was so suspended a Dismissal Certificate, upon the payment to said Lodge of one dollar. Clause 6. — Dismissal Certificate. In all cases, when a mem- ber has been suspended for non-payment of dues, and his Lodge has refused to reinstate him, he shall, upon proper application, be entitled to receive, and the Lodge shall grant, a Dismissal Certificate, upon the receipt therefor of one dollar. Clause 7. — Dismissal Certificate. Dismissal Certificates may be received from the holders thereof, on application for membership in Subordinate Lodges, in the same manner and with the same effect as Withdrawal Cards ; and applications made on such certificates shall be received and acted upon in like manner as upon Withdrawal Cards. But the holders of such certificates shall in no case be allowed to visit thereon. Clause 8. — Dismissal Certificate. The certificates named in this section shall be only those provided by the Grand Secretary of the Sovereign Grand Lodge. Sec. 2. — Offenses and penalties. Any member who shall be guilty of any immoral, dishonest, fraudulent or criminal act, or who shall violate any of the principles of the Order, or be guilty of conduct unbecoming an Odd Fellow, or offend Constitution of Subordinate Lodges. 959 against the Constitution, By-Laws or Rules of Order of the Lodge, shall be fined, reprimanded, suspended or expelled, as the Constitution or By-Laws of the Lodge direct, or, in absence of such direction, as the Lodge may determine. Sec. 3. — Charges and trial. Every member shall be en- titled to a fair trial for any offense involving reprimand, suspension or expulsion. Charges shall duly specify the offense, so as to fully apprise him of the nature thereof and to enable him to prepare for his defense, and shall be sub- mitted to the Lodge, in writing, and signed by a member of a Lodge within this jurisdiction, and a copy thereof, under seal of the Lodge, be served upon him. Sec. 4. — Trial Committee — Trial — Appeal. Such charges shall be referred to a committee of five members, who shall, without unnecessary delay, summon the parties and try the case. Objections to the appointment or to any of the com- mittee must, if the accused is present in the Lodge when committee is appointed, be made then, unless the brother requests a continuance, which shall be granted for at least one week, and each member of the committee 'may be exam- ined as to his qualifications to act thereon, and if the accused is not present when the committee is appointed, he must make his examination of and his objections to the committee before he demurs or pleads. The accuser must make his objections at the same time that the accused objects or is required to object. Such objections, when made to the com- mittee, shall forthwith be referred and reported to the Lodge for its action thereon. The accused may demur to the charges for insufficiency. If the committee sustains the demurrer, it shall forthwith report the same to the Lodge, which, if it approves the action of the committee, may permit amended charges to be filed at any time within two weeks. The accused may plead orally guilty or not guilty. The com- mittee shall keep full minutes of the evidence and of their proceedings, and report the same to the Lodge, with their verdict. If a witness be a member of the Order, he shall be obligated and give his evidence on the honor of an Odd t • 9G0 Constitution of Subordinate Lodges. Fellow ; if he be not a member, then on oath or affirmation, and the proceedings must state that such obligation or oath was administered. Any member of the committee may ad- minister the obligation or oath. Hearsay and ex-parte state- ments must not be received, but the person must personally appear as a witness and testify, or his deposition must be taken as provided by the laws of the Order. No testimony shall be taken without notice, or opportunity for cross- examination by the opposing party. Each witness, at the conclusion of his testimony, or, if the committee adjourn before its conclusion, then at each adjournment, shall have his testimony, as taken down by the committee, read over to him, and shall make such corrections thereof as he may deem proper, and shall thereupon sign each page of said testimony. The fact that his testimony has not been concluded shall, in case of adjournment, be noted on the minutes. Upon the report being made to the Lodge, notice thereof shall forth- with be given by the Secretary to the party against whom the verdict is rendered, and he shall have two weeks after service of the notice in which to file his exceptions. The Secretary shall file a written certificate or proof of such service. If a Bill of Exceptions to the report of the com- mittee is filed, as above provided, the Lodge may determine upon its merits, and either change, modify or sustain the report of the committee, or refer the same back to the same, or another committee, or grant a new trial. If the Lodge shall deem the exceptions not well taken, or if no exceptions have been filed within two weeks, it shall proceed to pro- nounce its judgment, and if it is a judgment of conviction, shall affix the penalty. An appeal from the judgment of the Lodge may be taken at any time within two weeks there- after to the Grand Lodge, and if no such appeal is taken, the judgment of the Lodge is final. In lieu of taking and signing the testimony, as herein provided, the same may, by consent, duly signed, be taken down by a short-hand re- porter, and as soon as possible thereafter written out by him in long-hand and duly certified by him to be correct, but any witness may, if he desires, correct his testimony after it is so written out, and in such case of correction shall Constitution of Subordinate Lodges. 961 sign the same, and the Lodge shall not be liable for the expenses, or any part thereof, except it, at a regular meet- ing, and prior to the taking of the same by the reporter, agrees to pay for the same. Sec. 5. — Contempt. If the accused refuse or neglect to stand trial when duly summoned, the committee shall report him guilty of contempt of the Lodge, and, if the Lodge sus- tains the report, and finds the accused guilty of contempt, the punishment shall be expulsion, and the Noble Grand shall enforce it and declare the accused expelled. Sec. 6. — Penalties. If a specific penalty for an offense be provided in the Constitution or By-Laws, the Noble Grand shall enforce it. If none be so provided, the Lodge shall decide by paper ballot whether the penalty shall be expul- sion, suspension, or reprimand and fine. During the ballot the accused brother shall withdraw from the Lodge-room. If upon the first ballot it shall appear that two-thirds of the ballots are cast for expulsion, such shall be the penalty. If two-thirds of the ballots are not cast for expulsion, then the Lodge shall proceed to ballot for suspension, and if two- thirds of the ballots are cast for suspension, suspension shall be the penalty, and the Lodge shall proceed to fix the duration of such suspension, which shall not exceed two years. If neither expulsion nor suspension is determined as the penalty, as above provided, then the penalty shall either be reprimand, fine, or both ; if fine is determined upon, then the Lodge shall fix the amount, not exceeding ten dollars ; if reprimand is decided upon, then the accused shall be reprimanded in open Lodge by the acting Noble Grand. No ballot held under this section shall be reconsidered. All fines imposed under this section shall be paid within thirteen weeks from date of their imposition, or the brother shall stand suspended from all the rights and benefits of the Order until such fine is paid ; and if he ceases to be a member, he shall, prior to reinstatement, pay the whole amount of such fines and dues. 61 9G2 Constitution of Subordinate Lodges. Sec. 7. — Reprimand. When a member shall be subject to the penalty of reprimand, he shall be summoned to attend at some regular meeting, to be fixed by the Noble Grand, to be reprimanded from the chair of the Noble Grand; and until he so attend and be reprimanded he shall be suspended from all benefits and privileges of membership. Sec. 8. — Notices of suspensions, expulsions, etc. Notice of all suspensions, expulsions, rejections and reinstatements, and of brothers who have been suspended in accordance with Section 1 of this Article, shall forthwith be forwarded to every Lodge in the county ; to the Subordinate Encampment and Rebekan Lodge of which the brother is a member, and to the Grand Secretary. Sec. 9. — To reinstate an expelled member. An expelled member can be reinstated only after a proposition, reference and election by ballot, as in the case of a newly proposed member, permission having first been obtained from the Grand Master. A brother suspended for any cause may be reinstated on the removal of the cause or the expiration of the term for which he was suspended without action of the Lodge, and the Noble Grand shall declare in open Lodge his being reinstated. Sec. 10. — Appeals, transcript, etc. All appeals shall be taken by filing with the Secretary a notice of appeal and the grounds thereof. The Secretary shall forthwith send to the Grand Secretary a certified copy of all minutes and docu- ments of the Lodge relating thereto. In cases of charges the Secretary shall forthwith send a certified copy of the Notice of Appeal, together with a certified copy of all charges, re- ports, evidence, minutes, documents and proceedings of the Lodge and of the Trial Committee relating to the case, to the Grand Secretary, to be presented to the Committee on Appeals of the Grand Lodge. In cases involving the good standing of the member with his Lodge, if such member shall die before the time for filing his Notice of Appeal has ex- pired, any person pecuniarily interested in the result of the case as a beneficiary under our laws, may be substituted in Constitution of Subordinate Lodges. 963 place of such deceased member within eight weeks there- after, and thereafter prosecute said case to final determina- tion. Such substitution shall be made by serving the Lodge with a written notice, stating the death and the date thereof, the facts showing the person to be such beneficiary, and that the person desires to prosecute the case ; and filing with the Secretary a Notice of Appeal. Sec. 11. — When an appeal operates as a stay. The filing of a Notice of Appeal, by any member, from the action of the Lodge authorizing the payment of money from the funds thereof, shall stay the payment of such money by the Lodge and its ofiicers until the appeal has been heard and deter- mined by the proper authority of this jurisdiction on such appeal, and then the Lodge and its officers shall be gov- erned by such decision. This section shall not be applicable to an order for the payment of sick benefits not exceeding twenty dollars, or to an order for the payment of a charitable donation to a brother or his widow, child or orphan, not exceeding fifty dollars, or to an order for money to secure a proper burial of a member, or his widow, child or orphan. Sec. 12. — ^Limitations as to offenses. There shall be no limitation within which charges must be preferred for reveal- ing the secrets of the Order, or for gaining admission by any false representation, or for embezzlement or wrongful appropriation of the funds or property appertaining to a Lodge or the Order, or for fraud or dishonesty toward the Lodge or the Order or for being an unworthy person at the time of initiation, or for homicide or felony. All charges for other conduct unbecoming an Odd Fellow must be pre- ferred within two years after the commission of the same. Sec. 13. — Members thirteen weeks in arrears. No member who is more than thirteen weeks in arrears for weekly or funeral dues shall be entitled to the term password or to vote in the Lodge. Sec. 14. — Funeral of brother of another Lodge. This Lodge may, if it so provide in its By-Laws, impose a fine on its members for refusing to attend the funeral of a brother 964 Constitution of Subordinate Lodges. belonging to another Lodge ; providing^ the deceased brother, at the time of his death, was under the care of this Lodge. Sec. 15. — Appeals. Appeals may be taken from the action, refusal or neglect of a Lodge within two weeks thereafter by any brother deeming himself aggrieved thereby. All appeals shall be taken directly to the Grand Lodge unless otherwise provided. Sec. 16. — Badges, lapel buttons, rosettes and other in- signia. When a member of this Order is suspended or ex- pelled therefrom it shall be unlawful for such person to wear any badge, lapel button, rosette, or other recognized and established insignia of the Independent Order of Odd Fel- lows, during such suspension or expulsion. ARTICLE IX. Section 1. — Funds and property. The funds and property of this Lodge shall be held exclusively as a Trust Fund to be devoted to no other purpose than the charitable uses of the I. 0. 0. F., and expenditures legitimately made for Lodge purposes, and the advancement of the interests of the Lodge or Order and the uses and purposes mentioned in Section 2 of this Article. The funds may be invested from time to time as the Lodge shall direct, but no part thereof, or of the Lodge property, or of the proceeds of any sales of such property, shall ever be divided among the members ; and in case of a surrender or forfeiture of the Lodge charter, all the funds and property of the Lodge of whatsoever kind shall be immediately surrendered and delivered up to the Grand Lodge of this jurisdiction, or to its officers or agents properly authorized to receive them. Sec. 2. — Contingent or Special Fund. This Lodge may provide in its By-Laws for the setting apart of a sum not exceeding five per cent, of its annual receipts for dues as a Contingent or Special Fund, to be expended, in its discre- tion, in the payment of necessary and proper obligations incurred by the Lodge, not included in or provided for by Section 1 of this Article. Constitution of Subordinate Lodges. 965 Sec. 3. — Incorporation. This Lodge shall not incorporate. Sec. 4. — Loaning funds. The funds of this Lodge shall not be loaned to a member of this Lodge. ARTICLE X. Section 1. — Certain offenses — Motions. No member of this Lodge shall be concerned in organizing or visiting any illegal, spurious, expelled, extinct or suspended Lodge of Odd Fellows. No member shall receive or put any motion from the chair of the Noble Grand, unless he be a present or past Noble Grand or Vice-Grand, except that the Right Sup- porter to the Noble Grand, when occupying the chair of the Noble Grand temporarily, may entertain a motion, put the question and declare the result. Sec. 2. — Processions, celebrations, balls, etc. This Lodge shall not have a public procession, unless to attend the funeral of a member, nor have any public celebration of any kind, nor get up any ball or public entertainment in the name of the Order, nor reinstate an expelled member of this Lodge or one suspended upon charges, without permission of the Grand Master. This Lodge may attend a funeral in full regalia without asking permission of the Grand Master. Sec. 3. — Emblems and name of the Order. No member of this Lodge shall exhibit, or in any way use for business pur- poses, or upon his businiess card or sign, any emblem of the Order, nor any name by which this Order or any of its branches are known; and no member of this Lodge shall become or continue a member or officer of any association or corporation using such emblem or name for business pur- poses. Any member violating any of the provisions of this section shall, upon conviction thereof, be suspended for not less than one year, or expelled, as the Lodge may deter- mine. The provisions of this section shall not apply to any Odd Fellows* Librar>% Hall or Cemetery As-sociation, nor to corporations or associations now existing which are bona fide in process of dissolution, and which sbjill in ^rood faith 966 Constitution of Subordinate Lodges. prosecute such dissolution to completion within a reasonable time. Sec. 4. — Spirituous or malt liquors. No Lodge shall per- mit the use of spirituous or malt liquors at any celebration, entertainment, banquet, supper or other repast given by the Lodge or held in the name of the Order, whether held in the building or Lodge-room controlled by the Lodge or at any other place. ARTICLE XI. Section 1. — Terms. All terms shall commence on the first day of January and July of each year, and end on the day on which the succeeding one commences. Sec. 2. — Semi-annual report. The officers for the term about expiring shall prepare and deliver to the officers who shall install their successors, the result of the elections, and a report of the work of the term, including the names of those admitted, whether by initiation, by card, as an Ancient Odd Fellow, or by Dismissal Certificates, together with their age, nativity, occupation and rank ; also those suspended and expelled and the cause thereof, those reinstated and de- ceased, the number of degrees conferred, the whole number in membership, and amount of receipts, accompanied by whatever amount may be due to the Grand Lodge. Sec. 3. — Annual return or report. In addition to the above, the officers for the term expiring on the first meeting in January shall annually make to the Grand Lodge a full return of the members of the Lodge, ranked according to the degrees attained, and a statement of the number of members relieved in the past year; the number of widowed families relieved; the number of members buried; number of sister buried ; the amount of money applied for each of these pur- poses; the amount paid for the education of orphans; the amount of money in the treasury; the amount of Widows^ and Orphans' Fund; the amount and nature of investments; the amount paid for charity, and the amount paid for cur- rent expenses. Constitution of Subordinate Lodges. 967 Sec. 4. — Failure to make returns. Should this Lodge fail to make any of its returus, as required by the two preced- ing sections, for one year, it shall thereby forfeit its charter and become extinct; and it shall be the duty of the Grand Master, or District Deputy Grand Master, to withhold the Annual Traveling Password and Semi-Annual Password until such returns are made and the amount due to the Grand Lodge paid. And it shall be the duty of the last installed oflBcers to transmit or surrender to the Grand Master or his Deputy the charter, books, papers, furniture and funds of the Lodge. ARTICLE XII. Section 1. — ^Withdrawal Cards — Resignation. Withdrawal Cards may be granted to members who are clear of the books, according to law, by a majority vote, by ballot, of the members present when the application is made. Should the Lodge refuse to grant the card, the applicant, on tendering a written resignation of membership, and paying all dues, shall be entitled to receive from the Secretary a certificate, under seal of the Lodge, to that effect; and such certificate shall be sufficient evidence of good standing at the time of such resignation. Sec. 2. — Visiting Cards. Visiting Cards may be granted upon application in open Lodge, or they may be issued by the Noble Grand and Recording Secretary to members in good standing, upon application in writing, but in either case the dues of the applicant must be paid up to the end of the time for which the card is granted, which time shall not exceed one year from the date of the card. ARTICLE Xni. Section 1. — Interpretation. When any doubt arises as to the true meaning of any part of these Articles, it shall be determined by the Grand Lodge. Sec. 2. — Amendments. These Articles, or any part thereof, shall not be altered, amended or annulled, except as pro- vided in Section 5 of Article IX, Constitution of the Grand Lodge. 968 Constitution of Subordinate Lodges. ARTICLE XIV. Section 1. — By-Laws, Rules and Resolutions. This Lodge may make, alter or rescind such By-Laws, rules and resolu- tions, from time to time, as may be deemed expedient, pro- vided that they do not in any wise contravene this Constitu- tion, or the Constitution, By-Law^s or Regulations of the Grand Lodge of the State of California, or of the Sovereign Grand Lodge, I. O. O. F. Sec. 2. — By-Laws. The By-Laws of this Lodge shall be in force from the time the Lodge shall have received notice of their approval by the Committee on Laws of Subordinates; or, where such By-Laws themselves fix a date subsequent to the time of the receipt of such notice for their going into effect, then from such subsequent date, subject to the ap- proval of the Grand Lodge ; and the manuscript copy of such By-Laws shall, immediately after their adoption by the Lodge, and before being printed, be transmitted to the Grand Secretary, to be submitted to the Committee on Laws of Subordinates for their approval ; and, where a session of the Grand Lodge shall have intervened since the By-Laws of a Lodge were approved by the Committee on Laws of Subordinates, such By-Laws shall not be printed or re- printed until they shall have been again submitted to and approved by that committee. 969 CONSTITUTION OF TH K REBEKAH ASSEMBLY OF THE INDEPENDENT ORDER OF ODD FELLOWS OF CALIFORNIA. ARTICLE I. Section 1. — Name. This Rebekah Assembly shall be known by the name, style and title of the Rebekah Assembly of the Independent Order of Odd Fellows of California. ARTICLE n. Section 1. — Sessions. The Rebekah Assembly shall hold the regular annual session at the city of San Francisco (un- less otherwise ordered), commencing on the second Tuesday of May of each year at 10 o'clock and shall continue to meet at such hours as may be agreed upon from day to day con- secutively (Sunday excepted) until the close of the session. Sec. 2. — Special sessions. Special sessions may be called at the option of the President at such time and place as she may deem advisable; at which sessions no business shall be transacted except the conferring of the Assembly Degree and the exemplification of the work; ahvays provided^ that such special session shall not be held unless either the Presi- dent, Vice-President or Warden and Secretary of the Re- bekah Assembly shall be present. Sec. 3. — Quomm. The Rebekah Assembly cannot be opened unless delegates from six Lodges are present. 970 Constitution of Rebekah Assembly. ARTICLE III. Section 1.— Membership. The membership of the Rebekah Assembly shall consist of the duly elected delegates, officers and past elective officers of the Rebekah Assembly of Cali- fornia, in good standing in any Rebekah Lodge, who shall be entitled to a seat in the Rebekah Assembly, and no one shall be permitted to vote upon questions before the Rebekah Assembly but the officers, past elective officers, and duly elected delegates. Delegates must be Past Noble Grands or Past Grands in good standing in Rebekah Lodges. Sec. 2. — Delegates and election. The basis of representa- tion shall be to each Rebekah Lodge of this jurisdiction, one delegate for a membership of fifty members or less, and one delegate for every additional fifty members or fraction thereof exceeding thirty members, as shown by its report of December 31st of the previous year. Such election shall take place at the last regular meeting of the Lodge in March of each year. Sec. 3. — Votes of absentees. Delegates in the annual ses- sions of the Rebekah Assembly of California, representing Rebekah Lodges not having their full number of delegates present, shall be entitled to east the full number of votes to which their respective Lodges are entitled. ARTICLE IV. Section 1. ^Officers and elections. The elective officers of this Rebekah Assembly shall consist of a President, Vice- President, Warden, Secretary, and Treasurer, 'who shall also constitute the Executive Committee, which shall serve as such during their respective terms of office, and who shall be elected annually by ballot by the officers, past elective officers and duly elected delegates. Sec. 2. — Appointed officers. The appointed officers shall consist of a Marshal, Conductor, Chaplain, Inside Guardian, Outside Guardian and a District Deputy President for each District of Rebekah Lodges. Constitution of Rebekah Assembly. 971 Sec. 3. — Eligibility to oflBce. None but officers, past elective officers, and regularly elected delegates shall be eligible to any elective office in this Rebekah Assembly, and all officers shall be of the female sex. Sec. 4. — Election and installation. The election for elective officers of the Rebekah Assembly shall be the order of busi- ness on the third day of the session after reception and refer- ence of credentials and admission of new members, by ballot, in the following manner: When open in that order of busi- ness each member present shall have the privilege to nom- inate, and there shall be provided the necessary ballot-box in which to deposit the ballots, and the members shall pro- ceed to vote, and when all have voted that wish, the Presi- dent shall proclaim the ballot closed. Nominations shall be made for all offices to be filled before balloting for any is commenced. After the nominations, and before balloting commences, there shall be appointed by the President four tellers for each office for which there is more than one person in nomination. The Assembly shall then immediately pro- ceed to successively ballot for each and every office to be filled, and the tellers appointed for the respective contests shall receive the votes on such contest and shall retire to the ante-room, or to some other part of the Assembly-room, where they will not interfere with the business of the As- sembly, where they shall publicly count and canvass the votes, and shall, immediately upon the conclusion of the same, report the result thereof to the Assembly. While the tellers are counting and canvassing the votes, the Assembly may proceed with its other business, and it shall always be in order to receive the report of the tellers and declare the result thereof, and immediately take another ballot if no election has resulted, which ballot shall be confined to the three having the greatest number of votes (provided there are three voted for), and if there then be no choice, the bal- lot shall be confined to the two receiving the greatest number of votes. Any qualified candidate of this Assembly having received a majority of votes shall be declared elected, and shall be installed into her respective office on the last day of 972 Constitution of Rebekah Assembly. the session ; provided, that in all cases where only one person is in nomination for an office, the election may be held znva voce; provided, also, that this Assembly may, after a four- fifths vote, install any officer or officers at any time after her election, but the duties of said officer or officers shall not commence until the last day of the session Sec. 5. — Appointment of officers. The appointed officers shall be appointed by the President, by and with the consent and approval of this Rebekah Assembly, after her installa- tion, excepting the District Deputy Presidents, who shall be appointed in accordance with Article XI of this Constitu- tion. ARTICLE V. Section 1. — Duties of President. The President shall pre- side at all sessions of the Rebekah Assembly, and preserve order therein, and enforce a due observance of the Consti- tution and Laws of the Sovereign Grand Lodge, and of the Grand Lodge and of this Rebekah Assembly. Appeal. All questions of order, and all decisions made by her on any point growing out of the Constitution or By- Laws of this Rebekah Assembly shall be subject to appeal from her decision to the Rebekah Assembly ; and it shall be her duty to put the question on all such appeals to the Re- bekah Assembly. Officers pro tern, and committees. She may appoint all officers pro tern., and all committees not otherwise provided for in this Constitution, or ordered by the Rebekah Assembly. Votes — Order on Treasurer. She shall give the casting vote in all cases where the votes are equally divided, except in cases of election of officers. When any demand shall have been approved by a majority of the Finance Committee, she shall order the Treasurer to pay the same. State Deputy — Dispensations. The President shall be a State Deputy of the Grand Master. She may grant dispensa- tions — Constitution of Rebekah Assembly. 973 1st. To allow Lodges to admit to membership persons who reside near some other Lodge. 2nd. To authorize the installation of officers in public. 3rd. To give entertainments for the benefit of the Order. 4th. To authorize the balloting for, and initiation of, a candidate at the time his or her proposition is presented to the Lodge. 5th. To empower a Lodge to elect members to any office in such Lodge ; provided, that all qualified members refuse to serve. Password — Assembly Degree. The President shall make and cause to be properly distributed, a Semi-Annual Pass- word for use in the Rebekah Lodges of this jurisdiction. She may, in person, confer the Assembly Degree; and, when present at meetings of Rebekah Lodges, shall give such in- structions in the work of the Order as she may deem proper, and may install officers. She may also, when attending a special meeting of a Rebekah Lodge, exercise the powers conferred on her by the fourth sub-division of this section. Sec. 2. — Duties of Vice-President. The Vice-President shall assist the President in the performance of her duties. She shall preside over the Assembly during the absence of that officer; and should the President be absent from the juris- diction, or be unable, from any cause, to discharge the duties of her office, the Vice-President shall exercise all the duties of the President. Sec. 3. — Duties of Secretary. The Secretary shall keep an accurate record of the proceedings of each session of the Rebekah Assembly, and transmit as soon as practicable after the close of the annual session, to the Rebekah Lodges, each one copy thereof. She shall countersign all orders on the Treasurer, keep correct accounts between this Rebekah As- sembly and the several Lodges ; she shall issue all necessary notices and circulars to Lodges, delegates and officers; she shall provide all stationery for the use of the Rebekah As- 974 Constitution of Rebekah Assembly. sembly, and superintend such printing as the Rebekah As- sembly may direct ; she shall receive all moneys due and pay- able to this Rebekah Assembly, pay the same over to the Treasurer of this Rebekah Assembly, without delay, taking the Treasurer's receipt for the same; and perform such other duties as may be required. She shall receive such salary as may be fixed upon at each annual session, which shall be paid monthly. She shall, previous to installation, give such bonds as may be fixed and approved from time to time, by the Re- bekah Assembly. Sec. 4. — Assistant Secretary. During the session of the Rebekah Assembly the Secretary may appoint an Assistant Secretary for the session. Sec. 5. — Duties of Treasurer. The Treasurer shall receive and receipt for all moneys belonging to or placed in her charge by this Rebekah Assembly, and deposit the same im- mediately on receipt thereof by her in some bank, to be designated to her in writing by the Finance Committee of this Rebekah Assembly, in the name of and to the credit of this Rebekah Assembly; she shall pay all orders drawn on her by the President, under seal of the Rebekah Assembly, by check or draft on said bank, signed by said Treasurer and countersigned by the Secretary, with the seal of the Rebekah Assembly affixed thereto. Each month the Treasurer shall furnish to the President an account of all moneys received during the month, showing the amount of money in bank to the credit of the Rebekah Assembly. The Finance Committee shall have power to change the bank where such money shall be deposited, and in case of a change, the committee shall be charged with the duty of seeing that their directions as to change of deposit are carried out. The 7 reasurer shall at- tend all regular sessions of this Rebekah Assembly ; she shall keep her accounts in such a manner as will exhibit the sources and amount of receipts, and to whom paid; have her accounts closed up on the 31st of March, annually, and submit them to the Finance Committee. She shall produce for the examination of said Finance Committee the funds in ficr hands, or the evidence of the deposit thereof in said bank, Constitution of Rebekah Assembly. 975 and shall annually report to this Rebekah Assembly a full and true account of all moneys received and paid out by her. She shall, previous to installation, give a good and sufficient bond, in such form and in such amount as shall be required by the Rebekah Assembly, for the faithful per- formance of her duties. The Treasurer's account and books, including the bank book, shall at all times be open and sub- ject to the inspection of the President or the Finance Com- mittee of the Rebekah Assembly. Sec. 6. — Duties of District Deputy President. The District Deputy President shall, in the absence of the Grand IMaster or President, install the officers of all Lodges in her district, and enforce a due observance of the Constitution, By-Laws and Resolutions of the Grand Lodge and of the Rebekah Assembly; be the organ of the Grand Master and President with the Rebekah Lodges in her jurisdiction; have power to grant dispensations to Rebekah Lodges in her district for the following purposes, viz : The election of any unqualified member of the Lodge to any office in such Lodge, in case all qualified members refuse to serve ; for holding public instal- lation of officers and for the giving of social parties in the name of the Order ; she shall see that the work of the Order is performed according to the Ritual and the regulations of the Order; collect from the Rebekah Lodges in her district all returns and money due the Grand Lodge or Rebekah Assembly, and forward them immediately to the Secretary of the Rebekah Assembly; decide all questions of law that may be submitted to her by the Lodges under her charge; she must report immediately such decisions to the Grand Master for his approval ; and report annually to the Grand Master all other proceedings had or taken by her; she shall forthwith report to the Grand Master all cases of violation, on the part of Rebekah Lodges, of the Constitution and By-Laws of the Grand Lodge or Rebekah Assembly, or dis- obedience to her lawful commands. Sec. 7. — Duties of appointive officers. The duties of appointed officers shall be those which usually appertain to such offices. 97G Constitution of Rebekah Assembly. Sec. 8. The President shall be the custodian of the bonds of the Secretary and Treasurer. ARTICLE VI. Section 1. — Removal of officers. Any officer may be removed from her office by the Rebekah Assembly for mis- conduct or neglect of duty ; but she shall be entitled to a fair trial, and a two-thirds vote of the members present shall be necessary for removal. Sec. 2. — Expulsion of member. Any member may be expelled from the Rebekah Assembly, as such, for miscon- duct, on the vote of two-thirds of the members present, at any meeting after a copy of the resolution of expulsion shall have been served upon her. Sec. 3. — Vacancies, how filled. Vacancies in the offices, except that of President, shall be filled by the Rebekah Assembly, if in session ; if not, then by the Executive Com- mittee, for the remainder of the term. ARTICLE VII. Section 1. — Regular committees. There shall be appointed at each annual session the following regular committees from the members present, to serve for the term of one year : 1. — Committee on Credentials. 2. — Committee on State of the Order. 3. — Committee on Legislation. 4. — Committee on Petitions. 5. — Committee on Finance. 6. — Committee on Laws of Rebekah Lodges. 7. — Committee on Correspondence. Sec. 2. — Credentials. The Committee on Credentials shall consist of three members, who shall be appointed by the President who is holding over, or the incumbent of the chair at the time of opening the session, and whose duty it shall be to examine and report to the Rebekah Assembly on the credentials and certificates of members. Constitution of Rebekah Assembly. 977 Sec 3.— State of the Order. The Committee on State of the Order shall consist of five members, who shall be ap- pointed by the President, with the consent of the Rebekah Assembly, and whose duty it shall be to examine all reports appertaining: to the Order, and such other matters as may be referred to them, and report thereon to the Rebekah As- sembly; and they shall annually present to the Rebekah Assembly an exhibit of the condition and progress of the Order in this jurisdiction, and recommend such measures for the good of the Order as from time to time they may deem proper. Sec. 4. — Legislation. The Committee on Legislation shall consist of five members, who shall examine and report on all proposed amendments of the Constitution, By-Laws, Rules of Order and Resolutions governing this Rebekah Assembly, and such other matters as may be referred to them by the Rebekah Assembly or President. Sec. 5. — ^Petitions. The Committee on Petitions shall con- sist of five members, whose duty it shall be to examine all petitions referred to them, and report to the Rebekah As- sembly .such action thereon as they may deem proper. Sec. 6. — Finance. The Committee on Finance shall con- sist of five members, who shall be appointed by the Presi- dent, by and with the consent of the Rebekah Assembly, and whose duty it shall be to examine and report on all accounts and claims against the Rebekah Assembly, previous to their being passed for payment by the Rebekah Assembly ; to ex- amine the accounts of the Secretary and Treasurer annually; ascertain the amount of funds in the hands of the Treasurer, and report the result of their examination and the condition of the finances immediately thereafter to the Rebekah As- sembly ; to ascertain and report at the commencement of each annual session the amount required for the expenses of the Rebekah Assembly for the ensuing year, and suggest such measures of finance as they may deem expedient. A majority of the members of tlip Finance Committee must reside in San Francisco. 82 978 Constitution of Rkbekah Assembly. Sec. 7. — Laws of Rebekah Lodges. The Committee on Laws of Rebekah Lodges shall consist of five members, whose duty it shall be to examine and report on the By-Laws of such Lodges as may be referred to them; and also to ex- amine and approve of the By-Laws of Rebekah Lodges that may be submitted to them previous to being printed, and when approved by them or by the Rebekah Assembly, they shall be submitted to the Committee on Laws of Subordi- nates of the Grand Lodge, I. O. O. F., of the State of Cali- fornia, for their approval. Sec. 8. — Correspondence. The Committee on Correspond- ence shall consist of three members, whose duty it shall be: First, to report on the growth and condition of the Order at large; second, on interstate laws and customs and all com- pleted or attempted legislation of interest to the Order; third, to suggest any measure in the nature of the business of their appointment. ARTICLE VIII. Votes — Yeas and nays. Each person as named in Article III of this Constitution, except the President, shall be entitled to one vote. All questions and votes before the Rebekah Assembly not in this Constitution otherwise provided for, shall be determined by a majority of the votes given, and when five of the members call for a vote by the yeas and nays, or when the same are in this Constitution required to be taken, they shall be so taken and recorded on the journal. ARTICLE IX. Section 1. — Revenue and capitation tax. The revenue of this Rebekah Assembly shall be raised by a capitation tax on the Rebekah Lodges of the jurisdiction, and at such a rate per member as the Rebekah Assembly may deem proper, such revenue being for the purpose of defraying the neces- sary expenses of the Rebekah Assembly. Sec. 2. — Expenses of delegates. The traveling expenses of one delegate from each Rebekah Lodge to the Rebekah As- sembly shall be paid from the funds of the Rebekah Constitution of Rebekah Assembly. 979 Assembly. The Finance Committee shall, at each annual session of this Rebekah Assembly, ascertain what amount will be necessary to pay the mileage of the succeeding an- nual session, and provide, in its report, for an assessment to be levied on the Rebekah Lodges in this jurisdiction for that purpose. Such assessment shall be levied on each Rebekah Lodge in proportion to the number of its members returned in the semi-annual report thereof of December 31st of that year, and shall be on all members not suspended on that date. Such assessment shall be paid by the respective Lodges at the first meeting in January following to the District Deputy President, or other officer authorized to receive the same, who shall remit it, without delay, to the Secretary of the Rebekah Assembly. ARTICLE X. Laws, uniform Constitution and legislation. This Rebekah Assembly may enact, amend or rescind laws for its govern- ment, and a uniform Constitution for Rebekah Lodges, and legislation for the government of the same; but such laws, uniform Constitution and legislation, and also the By-Laws of Rebekah Lodges, shall not be in force till approved by the Committee on Laws of Subordinates of the Grand Lodge, L 0. 0. F., of the State of California, and the action of said Committee on Laws of Subordinates shall be reported to said Grand Lodge for its action thereon. This Rebekah Assembly may enact, amend and repeal rules of ordej-, for its guidance. ARTICLE XI. District Deputies. District Deputies shall be appointed by the Grand Master upon the recommendation of the President, and they may be suspended or removed by the Grand Master for neglect of duty or inefficiency. The President, as State Deputy, shall, in all matters and in all districts, have prece- dence in authority and rank over all District Deputies. ARTICLE Xn. Duties of District Deputies. The Deputy of the Grand Master, in the absence of the Grand Master and President, 980 Constitution of Rebekah Assembly, shall install the officers of all Lodges in the district, be the organ of the Grand Master with the Lodges in her jurisdic- tion; she shall see that the work of the Order is performed uniformly; collect from Lodges in her district all reports and moneys due this Rebekah Assembly, and forward them immediately to the Secretary of this Rebekah Assembly; decide such questions as any Lodge in her district shall vote to submit to her, and report annually to the Grand Master her proceedings; she shall forthwith report all cases of vio- lation on the part of Lodges of the Constitution and laws of this Rebekah Assembly, or disobedience to her lawful commands. ARTICLE XIII. Appeals to the Grand Lodge. All appeals from the decision or action of this Rebekah Assembly to the Grand Lodge, I. O. 0. F., of the State of California, shall be taken within five days thereafter, by filing notice of appeal, stating the grounds thereof, with the Secretary of the Rebekah As- sembly, who shall forthwith transmit to the Grand Lodge a transcript of the proceedings therein. ARTICLE XIV. Charters and dispensations. All charters to Rebekah Lodges shall be signed by the Grand Master and Grand Sec- retary of the Grand Lodge, and may also be signed by the President and Secretary of the Rebekah Assembly. All applications for dispensations or charters for the institution of Rebekah Lodges shall be first presented to the President, who shall present the same to the Grand Master with her recommendation relative thereto. (See Section 3440 of this Digest.) ARTICLE XV. Reports and returns. The reports and returns from Re- bekah Lodges shall be transmitted to the Secretary of the Rebekah Assembly, to be by her transmitted to the Grand Secretary of the Grand Lodge. The Secretary of the Rebekah Assembly shall present to the Rebekah Assembly, in her an- nual report, a statement of the condition and progress and Constitution of Rebekah Assembly. 981 work of the year as the same appears in said reports and returns. ARTICLE XVI. Section 1. — By-Laws. The Rebekah Assembly may enact, alter or awend such By-Laws as may be necessary to carry into effect the provisions of this Constitution, and of regu- lating the proceedings of its oflficers and of committees, and of providing for the safety and security of the funds and property; provided, at least one day's notice in writing be given at the annual session, of such By-Law or amendment, and that the same do not in anywise contravene this Con- stitution. Such By-Laws or amendments shall not be in force until approved by the Committee on Laws of Subor- dinates of the Grand Lodge. Sec. 2. — Rules of order. The Rebekah Assembly may, in like manner, make such rules of order as may be necessary for the regulation of its sessions and for securing good order and the dispatch of business. Such rules of order may be suspended at any meeting by a two-thirds vote; provided, that such suspension shall not extend beyond the meeting which voted therefor. ARTICLE XVIL Amending Constitution. Any amendment or alteration may be made to this Constitution at any regular annual session of this Rebekah Assembly, by a vote of two-thirds of the delegates present ; provided, all such alterations shall be proposed one day before action thereon. Such amendments or alterations shall not take effect until approved by the Grand Lodge. 982 CONSTITUTION OF THK REBEKAH LODGES OF THK INDEPENDENT ORDER OF ODD FELLOWS OF CALIFORNIA. PREAMBLE. Objects and purposes. The objects and purposes of Re- bekah Lodges are declared to be : 1st. To aid in the establishment and maintenance of Homes for aged and indigent Odd Fellows and their wives, and for the widows of deceased Odd Fellows; and Homei;* for the care, education and support of orphans of deceased Odd Fellows. 2nd. To visit the sick, relieve the distressed, and in every- way to assist Subordinate and sister Rebekah Lodges in kindly ministrations to the families of Odd Fellows who are in trouble or want. 3rd. To cultivate and extend the social and fraternal re- lations of life among Lodges and the families of Odd Fellows. ARTICLE I. Section 1. — Name and number and charter. This Lodge shall consist of at least five members, including one qualified to preside at its meetings; and shall be hailed and entitled Rebekah Lodge, No. . ., of the Independent Order of Odd Fellows of California. It cannot voluntarily sur- render its charter or dissolve, so long as five members in good standing desire to retain such charter and work under I Constitution of Rebekah Lodges. 983 it; providedy that when a vote upon the surrendering of a charter is to be taken, notice shall be sent to all members of the Lodge in good standing. Sec. 2. — Quonim. Five members, including one qualified to preside, shall constitute a quorum for the transaction of business. Sec. 3. — Sex. All the above requirements are to be con- strued as applying to members, irrespective of sex. ARTICLE II. Section 1. — Powers and privileges. This Lodge shall possess the powers and enjoy the privileges following: Clause 1. — Degree of Rebekah. To confer the Degree of Rebekah on properly qualified applicants for membership. Clause 2. — ^Election and appointment of officers. To elect and appoint its own officers, in the manner prescribed by the Grand Lodge and by its own By-Laws. Service in office in a Subordinate Lodge shall not be a qualification for office in a Rebekah Lodge, and a past officer in a Subordinate Lodge shall not be entitled, by reason thereof, to any special privilege in a Rebekah Lodge, other than wearing the collar of the highest rank attained. Clause 3. — Fees and dues. To fix and establish initiation fees and dues, to be paid at such time and in such manner as the Constitution or By-Laws may provide. Clause 4. — Disbursements. To pay and disburse from the funds of the Lodge, from time to time, as a majority of the members present shall, by vote, determine, for any of the declared purposes of this degree. Clause 5. — By-Laws. To establish such By-Laws not incon- sistent herewith, or with the rules, usages and general regu- lations of the Order, as they may deem proper, subject, how- ever, to the approval of the Grand Lodge. Clause 6. — Charges and trials. To try charges preferred against members for the violation of the Constitution and 984 Constitution of Rebekah Lodges. By-Laws of the Lodge, or the general rules, regulations and usages of the Order. ARTICLE III. Section 1. — Membership. The persons herein specified shall be eligible to membership in this Lodge : 1. All persons who have received the Degree of Rebekah. 2. All Odd Fellows in good standing, their wives, daugh- ters, sisters and mothers. Also, the daughters, sisters and mothers of deceased Odd Fellows who at the time of their death were members of our Order. 3. All unmarried white women who have attained the age of eighteen years, who believe in a Supreme, Intelligent Creator and Ruler of the Universe, and who are of good moral character. Sec. 2. — Residence. Any person applying for membership in a Rebekah Lodge must be proposed in the Lodge nearest his or her residence, except that Lodge grant permission for joining another Lodge; provided, an applicant may be ad- mitted into any Rebekah Lodge in the city or village in which he or she resides. Sec. 3. — Clause 1. Propositions for membership and com- mittee. The name of any person qualified as above, apply- ing for membership, by initiation, with his or her age, • nativity, residence and occupation, and, if a brother, with a certificate of good standing from the Lodge to which he belongs, and, if a married woman, who has not previously received the Rebekah Degree, with a certificate from the Lodge to which her husband, father, son or brother belongs, must be proposed by a member of a Rebekah Lodge, in writ- ing, signed by the applicant, with the names of two persons as referees attached, and entered upon the record. Such proposition shall be referred to a committee of three members for investigation, who shall report at the next regu- lar meeting (unless further time be granted), when the candidate shall be balloted for with ball ballots, and if three CJONSTITUTION OF ReBEKAH LoDGES. 985 or more black balls appear, the candidate shall be declared rejected. Clause 2. — Applicants by deposit of card. Applicants for membership by deposit of card may be admitted in the same manner as provided for the admission of other mem- bers; provided, that no certificate from a Subordinate Lodge for a sister applying for membership by deposit of card, shall be required. Clause 3. — Fees. Every application for membership must be accompanied by the admission fee prescribed by the By- Laws of the Lodge, which shall not be less than $1.50, except by deposit of an unexpired Withdrawal Card, which must not be less than $1.00. Sec. 4. — Reconsideration of ballot and re-ballot. No recon- sideration of an unfavorable ballot shall be had unless all members who cast black balls against an applicant for mem- bership voluntarily make a motion for a reconsideration of the ballot ; provided, such reconsideration be had within four regular meeting nights next succeeding such rejection; and in such ca.se the vote on the reconsideration shall be taken by ball ballots, and if all the balls cast be in favor of it, the reconsideration shall be had ; whereupon the application shall lie over until the succeeding meeting, when another ballot shall be had with ball ballots, and if the same be unanimous- ly in favor of the applicant, he or she shall thereby be elected ; but if one or more black balls appear in either ballot, the applicant shall be rejected ; and in no case shall a recon- sideration be had except upon a voluntary motion of all those who cast black balls; and never more than one motion for a reconsideration in the same case shall be allowed. A favor- able balloting can be reconsidered at any meeting prior to the admission of the candidate ; provided, a majority of the members present agree thereto. In case one or more black balls appear in a ballot for a candidate for membership, the Lodge may immediately retake the ballot for such candidate, in order to verify the fact that such black balls may not have been cast bv error. 986 Constitution of Rebekah Lodges. Sec. 5. — Rejection and renewal of application. Candidates rejected in this Lodge cannot renew their application for membership until the expiration of six months after such rejection. Sec. 6. — Signing Constitution. The Lodge shall keep a book in which shall be recorded at large the Constitution of the Lodge, and at the end of such record the following shall be recorded, to be signed by all new members, to-wit: *'We, the undersigned, each for himself or herself, promise to obey and comply with the foregoing Constitution and amendments thereto, and agree that all our rights and duties thereunder shall be determined solely by the laws and tribunals of this Order. '^ After the report of the Committee of Investigation, and before the candidate is balloted for, the Noble Grand shall charge the members as follows : ''Sisters and Brothers— You are about to ballot upon the application of a candidate for membership in this Lodge. Let me warn you that no personal prejudices must control your action, but the law, the Golden Rule, and true nobility of purpose must prevail. You must judge of this applicant by the standard of true merit, and as you would wish your- self to be judged. We must be governed by the law of har- mony and overruling justice. Remember that white balls elect and black balls reject; look well to your ballots.'' ARTICLE IV. Section 1. — Elective officers. The elective officers of this Lodge shall be a Noble Grand, a Vice-Grand, a Secretary, a Financial Secretary (if the By-Laws so provide), and a Treasurer. The appointed officers shall be a Warden, Con- ductor, Inside Guardian, Outside Guardian, Right and Left Supporters to the Noble Grand, and Right and Left Sup- porters to the Vice-Grand, and Chaplain. Sec. 2. — Eligibility to office. No member shall be eligible to the chair of Noble Grand after the first term, unless such Constitution of Rebekah Lodges. 987 member shall have served a regular term as Vice-Grand. No member shall be eligible to the chair of Vice-Grand after the first term, unless previous service is shown in some elective or appointive office. Sec. 3. — Honors of the office. Officers must serve a majority of the meetings held in the term in order to be entitled to the honors of the office. Officers elected to fill vacancies shall be entitled to the honors of said office. Sec. 4. — Terms of office. All officers shall hold their offices for six months, except the Recording Secretary, Treasurer and Financial Secretary, who may be elected for one year, if the By-Laws of the Lodge so provide. The Lodge may also elect three Trustees, to serve for such terms as the By-Laws shall prescribe ; provided, that no member shall hold any two of said offices at the same time. Sec. 5. — Officers and pecuniary charges. All officers shall be clear of all pecuniary charges on the books at the time of installation. Sec. 6. — Nominations. Nominations for elective offices shall be made only on the two meetings immediately preceding that of the regular election, except when all the nominees for an office decline. Sec. 7. — Election and installation. Officers shall be elected by ballot at the first regular meeting in June and December of each year ; provided^ that if any officer so elected declines to serve, then the Lodge may proceed to nominate and elect to fill such vacancy at any regular meeting prior to installa- tion ; and be installed at the first regular meeting in January and July of each year; protndedy the installing officers be present; if absent, the Lodge may, by vote, defer it for one meeting, or call a special meeting for that purpose, at the request of the District Deputy President, or President. Sec. 8. — Absence of officer and removal. Any officer absent from the Lodge for three successive meetings, except in case of sickness, or any officer for misconduct or neglect as such, 988 Constitution of Rebekah Lodges. may be removed by a vote of two-thirds of the members voting at the next regular meeting after a resolution therefor has been offered in the Lodge at a regular meeting. Sec. 9. — Vacancies, how filled. Vacancies in any elective ofifice may be filled by the Lodge by nomination, and election, by ballot, at the next regular meeting after nominating, and, until so filled, the Noble Grand shall appoint a member to the office pro tern. Sec. 10. — Representatives. The Lodge, at the last meeting in March of each year, shall elect one Representative to the Rebekah Assembly, I. 0. 0. F., of the State of California, for its members of fifty or under; also one Representative for every fifty members over and above said first number of fifty, and one for every fraction exceeding thirty members in good standing, as shown by its report on the 31st day of December of the previous year. Lodges instituted after the 31st day of December shall be entitled to only one delegate to the next succeeding Assembly, irrespective of the number of members. Sec. 11. — Election by acclamation. At all elections pro- vided for by Sections 7 and 10 of this Article, if there be but one candidate for an office, such candidate may be elected by acclamation. Sec. 12. — Duties of officers. The duties of the various officers shall be as laid down in the charges of office, and as specified by this Constitution and the By-Laws of the Lodge. ARTICLE V. Section 1. — Duties of Noble Grand. It shall be the duty of the Noble Grand: 1st. — To preside. To preside at all meetings of the Lodge ; to preserve strict order and decorum, and enforce the Con- stitution and laws. 2nd. — Questions of order. To decide all questions of order, subject to appeal, by two members, from his or her decision, to the Lodge. Constitution of Rebekah Lodges. 989 3rd. — Vote. To give the casting vote on all questions on which there may be an equal division of members, except in the election of officers and appeals from his or her decision. 4th. — Inspection of ballot. To inspect the ballot-box be- fore candidates are balloted for, and to inspect all ballots on application for membership, after the same have been in- spected by the Vice-Grand, and to declare the result to the Lodge. 5th. — Certificates and notices. To sign all certificates or notices as may require his or her signature to authenticate them. 6th. — Appointment of officers. To appoint the officers here- inbefore specified, except the Right and Left Supporters of the Vice-Grand, who shall be appointed by the Vice-Grand. 7th. — Committees. To appoint such Standing Committees as the Lodge may prescribe, and such other committees, from time to time, as may be required by the Constitution and laws, as directed by the law. 8th. — To visit the sick. To visit a sister immediately upon being notified of her illness, and continue to do so at least once a week during such illness ; see that she is duly provided with attendance, if required. 9th. — Funeral. Upon the death of a sister in good stand- ing, to call upon the family of the deceased, and ascertain whether it is their desire that the funeral be conducted ac- cording to the ceremonies of the Order, and if it is their desire, to make all necessary arrangements for the funeral. 10th.— Finance Committee. On the night of installation, to appoint a Finance Committee of three, whose duty it shall be to examine all bills or claims against the Lodge. 11th. — Other duties. To generally do and perform such other duties as may be required by the laws and usages of the Order. 990 Constitution of Rebekah Lodges. 12th. — Committees on candidates and charges. The Noble Grand, or member acting as such, shall appoint the majority, and the Vice-Grand, or member acting as such, the minority, of all committees on candidates or charges. Sec. 2. — Duties of Vice-Grand. It shall be the duty of the Vice-Grand : 1st. — Order and decorum. To assist the Noble Grand in executing the duties of that office ; preserving order and de- corum in the Lodge. 2nd. — Inspect ballot-box and ballot. To examine the bal- lot-box before balloting for candidates, and to inspect the ballot after such balloting. 3rd. — When to preside. To preside over the Lodge in the absence of the Noble Grand. 4th. — To visit the sick. To visit a sister immediately upon being notified of her illness, and continue to do so at least once a week during such illness. 5th. — Other duties. To generally perform such other duties as may be required by the Lodge and the laws and usages of the Order. 6th. — When to act as Noble Grand. Should the Noble Grand, at any time, be absent from the territorial jurisdiction of the Lodge, the duties and powers of the Noble Grand shall devolve upon the Vice-Grand. Sec. 3. — Duties of Recording Secretary. The Recording Secretary shall : 1st. — Minutes. Keep accurate minutes of Lodge proceed- ings. 2nd. — Papers and documents. Endorse and file all papers and documents pertaining to Lodge transactions. 3rd. — What to sign, attest and issue. Sign and attest and issue, when required by the Lodge or the laws and usages of the Order, all cards, certificates, drafts and other official Constitution of Rebekah Lodges. 991 documents, and affix thereto the Lodge seal, which shall be in his charge and keeping. 4th. — Communications. Number serially and file all com- munications from the Grand Master or Grand Secretary of the Grand Lodge, and from the President and Secretary of the Rebekah Assembly, and enter an abstract thereof and the number on the minutes. 5th. — Term and relief reports. Make out (with the assist- ance of the Financial Secretary, if any) the term and relief reports. 6th. — Committee of Investigation. Endorse on proposi- tions for membership the names of the Committee of Investi- gation, and notify them of their appointment. 7th. — Notices and roll of members. Notify persons elected to membership when to appear for initiation or admission; kepp a roll of the members, with a record of the rank they have attained. 8th. — Notices of suspension, etc. Send to the Secretary of the Rebekah Assembly, and to all Rebekah Lodges in the district and county, notices of all suspensions, expulsions, rejections, resignations and reinstatements ; also notify mem- bers of their 8U.spension for non-payment of dues ; and, in the case of the suspension or expulsion of a brother, send notice to the Subordinate Lodge in which he holds membership. 9th. — Other duties. Perform such other duties as are, or may be, required by the laws, charges and usages of the Order. 10th. — Compensation. The Secretary shall receive such compensation for services rendered as the Lodge may deter- mine. Sec. 4. — Duties of Financial Secretary. The Financial Sec- retary (or Secretary, should there be no Financial Secretary) flhall keep just and true accounts between the Lodge and its members, or others, in a regular set of books, including ledger, journal, receipt and cash books, and such others as 992 Constitution of Rebe'kah Lodges. may be reqiyred by the Lodge and the laws and usages of the Order. And shall give each member credit for money when paid, and the member's credit and standing shall date from such payment. Shall also keep a book in which the residence of each member is recorded and in which shall be noted any change of the same. Shall receive and receipt for all money due the Lodge. Shall pay the same to the Treas- urer at each Lodge meeting. Shall give the notices required by Section 10 of Article V, of this Constitution, and shall keep a copy of the same, or the substance thereof, with the date, on a stub to be retained in a book prepared for that purpose; endorse cards of visitors; during the months of June and December of each year, and previous to the last meeting of said months, notify each member who is in any way indebted to the Lodge, of the state of his or her ac- count; assist the Recording Secretary in making his or her term reports, and render to the Lodge at the closing of each term an account of the receipts and expenditures of the term. Shall also furnish to the Noble Grand at each election a list of members entitled to vote ; under his or her direction call the same, and perform such other duties as may be re- quired by the Lodge and the laws and usages of the Order. The Financial Secretary may receive such compensation for services as the Lodge may determine. Sec. 5. — Duties of Treasurer. The Treasurer, prior to in- stallation, shall give a joint and several bond, payable to the Noble Grand (or Trustees, if any), in trust for the Lodge, in such sum as the By-Laws shall provide, with two or more sureties, for the faithful performance of duty; receive from the Financial Secretary, each Lodge night, the money in his or her hands ; pay all orders drawn on the Treasurer by the Noble Grand by authority of the Lodge, and attested by the Recording Secretary under the seal thereof; give, when re- quested by the Noble Grand, a statement, in writing, of money on hand; report at the first meeting in each month the receipts and expenditures of the preceding month, with balance on hand ; at the last meeting of each term report the term receipts and expenditures and exhibit vouchers, and Constitution of Rebekah Lodges. 993 have the books ready for examination by the Finance Com- mittee within twenty-four hours thereafter. Sec. 6. — Duties of Trustees. The Trustees (if there be any) shall give a joint and several bond in such sum as may be required, for the faithful performance of their duties, to be approved by the Lodge, and made payable to the Noble Grand and Vice-Grand, with two good and sufficient sureties for each Trustee ; provided, that each Trustee may execute a separate bond with two sureties as aforesaid, if he so elect, or the By-Laws so prescribe. The Board of Trustees shall hold in trust all stocks, securities, investments, property and funds belonging to this Lodge, and transfer, exchange, or de- posit the same, or any part thereof, when required by the Lodge so to do ; and shall also keep the fund invested for the best interests of the Lodge, in such stocks, bonds, or other securities as shall be approved of by a two-thirds vote of the members present at a regular meeting, or deposit the same in some savings bank. On the expiration of their term of office, or removal therefrom, they shall deliver to their suc- cessors in office, or such persons as shall be appointed, all the books, papers, bonds or other property they may have in their hands belonging to the Lodge. They shall keep a full and correct account of all money received, expended or in- vested, and at the close of each semi-annual term, make a full report in writing of all business transacted by them dur- ing the term, together with a particular statement of the funds and investments belonging to the Lodge. Sec. 7. — Other oflftcers. All other officers shall perform such duties as are prescribed for them by the regulations of the Order, this Constitution or the By-Laws of this Lodge. ARTICLE VI. Section 1. — Offenses and penalties. Any member who shall violate any of the principles of the Order, or offend against the Constitution, By-Laws or Rules of Order of this Lodge, or the penal laws of the land, shall be fined, reprimanded, suspended or expelled, as the By-Laws may direct or the Lodge determine. 63 994 Constitution of Rebekah Lodges. Sec. 2. — Charges and trials. All members shall be entitled to a fair trial for any oti'ense involving reprimand, suspen- sion or expulsion. Members shall not be put upon trial unless charges duly specifying the offense, so as to fully apprise them of the nature thereof, and to enable them to prepare for their defense, shall be submitted to the Lodge, in writing, and signed by a member of a Rebekah Lodge within this jurisdiction, and a copy thereof, under seal of the Lodge, be served upon them. Sec. 3. — Trial Committee — Trial — Appeal. Such charges shall be referred to a committee of five members, who shall, without unnecessary delay, summon the parties and try the case. They shall keep full minutes of the evidence and of their proceedings, and report the same to the Lodge, with their verdict. A witness, if a member of the Order, shall give evidence on the honor of an Odd Fellow; if not a mem- ber of the Order, then on oath or affirmation, and the pro- ceedings must state that such obligation or oath was admin- istered. No testimony shall be taken without notice, or opportunity for cross-examination by the opposing party. Upon the report being made, notice thereof shall forthwith be given by the Secretary, to the party against whom the verdict is rendered, and he or she shall have two weeks in which to file exceptions. If no exceptions be filed within two weeks, the Lodge shall proceed to pronounce judgment upon the verdict and affix the penalty. An appeal from the judg- ment of the Lodge may be taken at any time within two weeks thereafter, to the Grand Lodge ; and if no such appeal is taken, the judgment of the Lodge shall be final. When a Bill of Exceptions to the report of the committee is filed, as above provided, the Lodge may determine upon its merits, and either sustain the report of the committee, or refer the same back to the same or another committee, or grant a new trial. If the Lodge deems the exceptions not well taken, it shall proceed to pronounce judgment and affix the penalty. Sec. 4. — Contempt. If the accused refuse or neglect to stand trial, when duly summoned, the committee shall report Constitution of Rebekah Lodges. 995 him or her guilty of contempt of the Lodge, which report shall be conclusive, and the punishment shall be expulsion. Sec. 5. — ^Penalties — Ballot. If a specific penalty for an offense be provided in the Constitution or By-Laws, the Noble Grand shall enforce it. If none be so provided, the Lodge ghall decide by paper ballot, whether the penalty shall be expulsion, suspension or reprimand, and fine. During the ballot, the accused shall withdraw from the Lodge-room. The ballot shall be first taken on expulsion, and if it shall appear that two-thirds of the ballots are cast for expulsion, such shall be the penalty. If two-thirds of the ballots are not cast for expulsion, then the Lodge shall proceed to ballot for sus- pension, and if two-thirds of the ballots are cast for suspen- sion, suspension shall be the penalty, and the Lodge shall proceed to fix the duration of such suspension, which shall not exceed two years. If neither expulsion nor suspension is determined as the penalty, as above provided, then the penalty shall be reprimand, fine, or both, to be determined by a majority ballot; if fine be determined upon, then the Lodge shall fix the amount, not exceeding ten dollars; if reprimand is decided upon, then the accused shall be repri- manded in open Lodge by the acting Noble Grand. No ballot held under this section shall be reconsidered. All fines im- posed under this section shall be charged to the member's account, and considered, in determining his or her standing in the Lodge, as dues; and when the fine thus imposed, added to the dues, brings him or her under the penalty provided in the By-Laws, he or she shall be notified, and allowed the usual time to make payment. In all cases, as above, if mem- bership ceases, the member, prior to reinstatement, shall pay the whole amount of such fine and dues. Sec. 6. — Reprimand. When a member shall be subject to the penalty of reprimand, he or she shall be summoned to attend at some regular meeting, to be fixed by the Lodge, to be reprimanded from the chair of the Noblp Grand ; and until he or she so attend and be reprimanded, shall be sus- pended from all benefits and privileges of membership. 996 Constitution of Rebekah Lodges. Sec. 7. — To reinstate expelled member. An expelled mem- ber can be reinstated only after a proposition, reference, and election by ballot, as in the case of a newly-proposed member, permission having first been obtained from the Grand Master. A member suspended for any cause may be reinstated on the removal of the cause or the expiration of the term for which he or she was suspended, without action of the Lodge, and the Noble Grand shall declare in open Lodge his or her rein- statement. Sec. 8. — Appeals and notice. Any member intending to appeal from the action of the Lodge, either on a decision of law or where charges have been preferred, shall file with the Secretary a notice of appeal and the grounds thereof; upon which the Secretary shall forthwith send the notice, or a true copy of the same, together with a certified copy of all charges, reports, evidence and proceedings of the Lodge relating to the case, to the Grand Secretary, to be presented to the Committee on Appeals of the Grand Lodge. Sec. 9. — Member thirteen weeks in arrears. No member who is more than thirteen weeks in arrears for weekly or funeral dues shall be entitled to the term password or to vote in the Lodge. Sec. 10. — Clause 1. Suspension for non-payment of dues. Any member neglecting or refusing to make payment of dues, or demands against him or her to the Lodge, according to its By-Laws, for the space of twelve months, the fact that he or she is in arrears more than twelve months, shall be announced by the Financial Secretary, or, if there be none, by the Recording Secretary, in open Lodge, at least two regular meetings, and he or she shall be suspended from membership and shall be so declared by the Noble Grand, unless otherwise determined by a vote of the Lodge. When a member is eleven months in arrears, the Financial Secre- tary, or, if there be none, the Recording Secretary, shall pve personally, or shall send by mail, to his or her last given address, a written notice of the state of his or her account. The failure or neglect to give or send this notice Constitution of Rebekah Lodges. 997 shall not delay or affect the validity of the suspension ; and provided, that no person shall be suspended under this sec- tion while charges are pending against him or her, and provided, that a member may, prior to suspension, pay a sufficient portion of the amount due to avoid suspension. Clause 2. — Reinstatement. Any member suspended from membership for non-payment of dues may be reinstated in the Lodge from which he or she was suspended within one year thereafter, by paying the amount of cue year's dues and by receiving a vote of two-thirds of the members present — a motion to that effect having been laid over one meeting; but after one year, he or she may be reinstated upon the pay- ment of the fee charged for an initiate, as provided by the By-Laws, or such greater sum as may be fixed by the By- Laws of the Lodge to which such application is made, and shall petition the Lodge, in writing, to be reinstated, which shall be disposed of, in all respects, as provided for in Article III, Section 3, for petitions for membership by initiation. Clause 3. — Reinstatement and Withdrawal Card. A mem- ber suspended from membership for non-payment of dues, and who makes application for reinstatement, may be rein- stated and granted a final card at any time upon the pay- ment of one year's dues and the usual price of a card. Clause 4. — Dismissal Certificate. A member, after being suspended in this jurisdiction for non-payment of dues, wishing to join a Lodge in this jurisdiction, shall be entitled to receive, and the Lodge shall grant, upon proper applica- tion, a Dismissal Certificate upon the receipt of one dollar. Clause 5. — Dismissal Certificates. Dismissal Certificates may be received from the holders thereof, on application for membership in Lodges, in the same manner and with the same effect as Withdrawal Cards; and applications made upon such certificates shall be received and acted upon in like manner as Withdrawal Cards. But the holders of such certificates shall in no case be allowed to visit thereon. 99S Constitution of Rebekah Lodges. Clause 6. — Dismissal Certificates. The certificates named in this section shall be only those provided by the Grand Secretary of the Sovereign Grand Lodge. Sec. 11. — Appeals. Appeals may be taken from the action, refusal or neglect of a Lodge, within two weeks thereafter, by any member deeming himself or herself aggrieved there- by, and all appeals shall be taken directly to the Grand Lodge, unless otherwise provided. ARTICLE VII. Section 1. — Funds and property. The funds and property of this Lodge shall be held exclusively as a Trust Fund, to be devoted to no other purpose than the charitable uses of the I. 0. 0. F., and expenditures legitimately made for Lodge purposes and the advancement of the interests of the Lodge or the Order. The funds may be invested from time to time as the Lodge shall direct ; but no part thereof, or of the Lodge property, or the proceeds of any sale of such property, shall ever be divided among the members, and in case of a surrender or forfeiture of the Lodge charter, all the funds and property of the Lodge of whatsoever kind shall be immediately surrendered and delivered up to the Grand Lodge of this jurisdiction, or to its officers or agents properly authorized to receive them. Sec. 2. — Contingent or Special Fund. This Lodge may provide in its By-Laws for the setting apart of a sum not exceeding five per cent, of its annual receipts for dues, as a Contingent or Special Fund, to be expended in its discre- tion in payment of necessary and proper obligations in- curred by the Lodge not included in or provided for by Section 1 of this Article. ARTICLE VIII. Terms. All terms shall commence on the first day of January and July in each year, and end on the day on which the succeeding one commences. CJONSTITUTION OF Rt:BEKAH LODGES. 999 ARTICLE IX. Section 1. — Semi-annual report. The officers for the term about expiring shall prepare for the Grand Lodge and de- liver to the installing officer the result of the elections, and a regular report of the work of the term, including the names of those admitted and withdrawn, also those sus- pended and expelled, and the cause thereof; those rein- atated, and deceased ; the names and numbers of those upon whom the degree is conferred ; the whole number in mem- bership ; the amount of receipts and the amount of disburse- ments. Sec. 2. — Annual returns or reports. In addition to the above, the officers of the term expiring on the first meeting in January shall annually make to the Grand Lodge a full return of the members of the Lodge, and a statement of the number of brothers and sisters relieved in the past year; the amount of relief granted; the number of widows re- lieved ; the number of orphans relieved ; the number of mem- bers buried, and the amount of money applied to each of these purposes, designating the amount paid for the educa- tion of orphans, the amount of money in the treasury and the amount of investments. ARTICLE X. Section 1. — Withdrawal Cards — Voting in Rebekah Lodges. Withdrawal Cards may be granted to members who are clear on the books, according to law, by a majority Tote, by ball ballot, of the members present when the appli- cation is made. Should the Lodge refuse to grant the card, the applicant, on tendering a written resignation of member- ship and paying all dues, shall be entitled to receive from the Secretary a certificate, under seal of the Lodge, to that effect; and such certificate shall be sufficient evidence of good standing at the time of snch resignation. Sec. 2. — Visiting Cards. Visiting Cards may be granted upon application in open Lotlge, or they may be issued by the Noble Grand and Recording Secretary to members in 1000 Constitution of Rebekah Lodges. good standing, upon application in writing; but in either case the dues of the applicant must be paid up to the end of the time for which the card is granted, which time shall not exceed one year from the date of the card. ARTICLE XI. Section 1. — By-Laws and rules. This Lodge may make, alter or rescind such By-Laws, rules and resolutions, from time to time, as may be deemed expedient; provided, that they do not in anywise contravene this Constitution, or the Constitution, By-Laws or regulations of the Grand Lodge of the State of California, or of the Sovereign Grand Lodge. Sec. 2. — By-Laws. The By-Laws of this Lodge shall be in force from the time the Lodge shall have received notice of their approval by the Committee on Laws of Subordinates, subject to the approval of the Grand Lodge, and a manu- script copy of such By-Laws shall, immediately after their adoption by the Lodge and before being printed, be trans- mitted to the Secretary of the Assembly, and also to the Grand Secretary of the Grand Lodge, to be submitted by him to the Committee on Laws of Subordinates for their approval. 1001 FORMS. Form No. 1. PETITIONS OF BROTHERS FOR A WARRANT FOR A SUBORDINATE LODGE. To the Grand Master, Officers and Members of the Grand Lodge of the Independent Order of Odd Fellows of the State of California: The petition of the undersigned brothers of the Order who have attained the Third Degree, holding unexpired Withdrawal Cards from Lodges legally recognized by your Grand Body, respectfully represents that it would be consistent with the advantage of the Order to estab- lish a Subordinate Lodge, to be located at of , in the County of , State of California. Wherefore, your petitioners pray that a warrant may duly issue in pursuance of the laws of your Grand Body for such Lodge, to be known and hailed as Lodge, No of the Inde- pendent Order of Odd Fellows. Dated at this day of 19 NAMR AND NUMBBB OF LODOK. Form No. 2. PETITION OF PERSONS FOR A WARRANT FOR A SUBORDINATE LODGE. The petition of the undersigned persons eligible for membership in your Order respectfully represent that it would be consistent with the advantage of the Order to establish a Subordinate Lodge to be located at of in the County of , State of California. Your petitioners further represent that they entertain a favorable opinion of your benevolent Order and request admission to the same and in consideration of such admission each promises and agrees that if admitted he will conform to the Constitution and By-Laws of the Lodge of which he may become a member and the Constitution and Laws of the Grand Lodge, I. O. O. F. of the State of California and those of the Sovereign Grand Lodge, 1002 Forms. I. O. O. F., and that he will seek his remedy for all rights on account of said membership or connection therewith in the tribunals of the Order only without resorting in any event or for any purpose to the civil courts; that the health of each petitioner is good and that the age, occupation, residence and place of business of each petitioner is set opposite to his signature hereto. Wherefore, your petitioners pray that a warrant may duly issue in pursuance of the laws of your Grand Body for such Lodge, to be known and hailed as Lodge No , of the Inde- pendent Order of Odd Fellows. Dated at this day of , 19 .. AGK. NATIVITY. OCCUPATION. RK8IDEN0E. PLACE OP BUSINESS DIRECTIONS AND INSTRUCTIONS REGARDING THE INSTITUTION OF NEW LODGES. First. — Where there is no Lodge established, secure the assent of five or more brothers of the Order, who have attained the Third De- gree, holding Withdrawal Cards less than one year old, and having obtained that number, others who hold cards out of date, or Dis- missal Certificates, may become petitioners ; and where there is a Lodge already established, secure the assent of seven or more brothers of th? Order who have attained the Third Degree, holding Withdrawal Cards less than one year old, etc., or secure the assent of twenty or more persons who are not members of the Order but who are eligible for membership in the Order. Second. — Having secured the assent, as above, write to the Grand Secretary for a blank form of petition appropriate to the petitioners to organize a new Lodge, which petition must be signed by the petitioners. Third. — Obtain the recommendation or consent of three-fourths of the Lodges in the county in which the new Lodge will be located, without which no dispensation or charter will be issued. Fourth. — Have three Past Grands, in good standing, examine the hall in which the new Lodge proposes to meet, and give certificate, certifying that such hall is a safe and suitable one in which to hold the meetings and do the work of a Lodge of Odd Fellows. Fifth. — Transmit to the Grand Secretary all the papers mentioned in Clauses 2, 3 and 4; also all the cards of the petitioners, accompanied by the charter fee, which is $30.00. FORM.^. 1003 Sixth. — ^Upon receipt of the foregoing by the Grand Secretary, and upon the approval of the Grand Master — (should the Grand Lodge be in session, the petition, etc., will be submitted directly to that Body, and if approved) — a dispensation or charter will be issued, empower- ing the institution of the Lodge. Seventh. — The Grand Master, or some qualified brother duly commissioned by him, will institute the Lodge on the date fixed upon by the petitioners. None but those petitioners who are present at the institution can become charter members. Eighth. — Lodges take precedence in numbers, as they are insti- tuted. The Grand Lodge has permitted new Lodges to take the num- bers of extinct Lodges. Ninth. — A suitable appropriation should be made by the new Lodge to defray the act u'aT expenses of the instituting officer. Tenth. — The minimum fees for admission have been fixed by the Constitution of Subordinate Lodges, and are as follows: For admission by Initiation $10 00 For admission by deposit of Card 5 00 For admission as an Ancient Odd Fellow 8 00 For admission by deposit of Dismissal Certificate 10 00 For each Degree 5 00 For dues, not less than 12V2 cents per week. It is recommended, though, that a uniform admission fee for charter members be fixed at the preliminary meetings of the charter members. Eleventh. — New Lodges are entitled to receive two Rituals, one Digest of the Laws of the Grand Lodge, and bound Journals of the Proceedings of the Grand Lodge free of charge. Other appropriate supplies may be procured of the Grand Secretary, as follows: One Question Book, one Degree Chart, Ode Cards, one Members' Register (Constitution Book), one Visitors' Register, one Roll of Officers, one Record Book, one Ledger, one Secretary's Cash Book, one Treasurer's Cash Book, one book of Warrants on Treasurer, one book of Official Certificates (receipts for dues, etc.), one Treasurer's Receipt Book (receipts of the evening), Blank Applications for Membership, Letter Heads, Notices and other supplies, and Seal (seal should be procured immediately after the institution of the Lodge), all orders for which must be accompanied by the cash, in accordance with the resolution of the Grand Lodge. A price-list of Supplies will be sent with the blank petition. 1004 Forms. Form No. 3. PETITION FOR A WARRANT FOR A REBEKAH LODGE. To the Grand Master, Officers and Members of the Grand Lodge of the Independent Order of Odd Fellows of the State of California: The petition of the undersigned members in possession of the Rebekah Degree, holding unexpired Withdrawal Cards from Rebekah Lodges, I. O. O. F., recognized by your Grand Body, respectfully represent : That it would be consistent with the advantage of the Order to establish a Rebekah Lodge, to be located at the of , in the County of , State of California. That those petitioners who are brothers are members in good standing of the Subordinate Lodges, L O. O. F., named after their respective signatures hereto. Wherefore, your petitioners pray that a warrant may duly issue, in pursuance of the laws of your Grand Body, for the institution of a Rebekah Lodge, to be known and hailed as Rebekah Lodge, No , of the Independent Order of Odd Fellows. Dated at this day of , 19 .. DIRECTIONS AND INSTRUCTIONS REGARDING THE INSTITUTION OF REBEKAH LODGES. First. — Secure the assent of, at least, five members in possession of the Degree of Rebekah, irrespective of sex, holding Withdrawal Cards less than one year old, from Rebekah Lodges, I. O. O. F., to the organization of a Rebekah Lodge. Second. — Having secured the assent, as above, write to the Grand Secretary for a blank form of "Petition for a warrant for a Rebekah Lodge" ; on receiving which, have it signed by the petitioners with their full names, care being taken that the sisters sign with their own given names as "Mrs. Jane Smith" not ''Mrs. John Smith." Third. — Obtain the consent of three-fourths of the Rebekah Lodges in the county where the proposed Lodge is to be located; pro- vided, there are four or more in the county. Without such consent, no dispensation or charter will be issued. Fourth. — Present the petition to the President of the Rebekah Assembly, I. O. O. F, of California, who will present the same to the Grand Master with her recommendation relative thereto. Fifth. — Transmit the charter fee, which is $10.00, to the Grand Secretary of the Grand Lodge, I. O. O. F. of the State of California. Forms. 1005 Sixth. — Upon the approval of the Grand Master — (should the Grand Lodge be in session, the petition will be submitted directly to that Body, and if approved) — a dispensation or charter will be issued, empowering the institution of the Lodge. Seventh. — The Grand Master, or some qualified person duly com- missioned by him, will institute the Lodge on the date fixed upon by the petitioners. None but those petitioners who are present at the institution are charter members. Eighth. — Lodges take precedence in numbers, as they are insti- tuted. Ninth. — A suitable appropriation should be made by the new Lodge to defray the actual expenses of the instituting officer. Tenth. — The minimum fees for admission have been fixed by the Constitution of Rebekah Lodges, and are as follows: Admission by deposit of unexpired Withdrawal Card $1 00 All other admissions 1 50 It is recommended that a uniform admission fee for charter mem- bers be fixed at the preliminary meetings of the charter members. Eleventh. — New Rebekah Lodges are entitled to receive two Rituals free of charge. Other appropriate supplies may be procured of the Secretar>' of the Rebekah Assembly, L O. O. F. of California, as follows: One Seal (this should be procured immediately after institution), one Roll of Officers, one Record Book, one Ledger, one Secretary's Cash Book, one Treasurer's Cash Book, one Book of War- rants on Treasurer, one book of Official Certificates (receipts for dues, etc.), one Treasurer's Receipt Book (receipts of the evening), Blank Applications for Membership, Letter Heads, Notices, Ode Cards, etc. All orders for supplies must be accompanied by the cash. A Price List of Supplies will be sent with the blank petition. Form No. 4. WARRANT FOR CONSOLIDATING LODGES. To all whom it may concern: We Grand Master of the Grand Lodge of the Independent Order of Odd Fellows, of the State of California. Friendship, Love and Truth. Know Ye, That petitions having been received from Lodge, No I. O. O. F., and Lodge, No I. O. O. F., respectively, wherein petitioners ask that said Lodges become con- solidated into Lodge, No I. O. O. F,, located at the 1006 Forms. , County , State of California, and thereafter to be known as Lodge, No. . . ., I. O. O. F, And that on due proof that each and all of said Lodges petition- ing as aforesaid, had carried the question of such consolidation by the necessary two-thirds vote, as required by the Constitution of the Grand Lodge of the Independent Order of Odd Fellows of the State of Cali- fornia, we do, vby virtue of the power in us vested, hereby grant this warrant, consolidating said Lodges into said Lodge, No , L O. O. F., located at the. , County of , State of California, and to be thereafter governed by such laws, rules and regulations as in said Grand Lodge Constitution are made and provided. In Witness Whereof, We have hereunto subscribed our names and affixed the seal of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, this day of , A. D , and of our Order, the Grand Master. [seal.] Grand Secretary. (1896 Journal, 393, 593, 635.) Form No. 5. ACTIONS BY LODGES ON CONSOLIDATION. Hall of Lodge, No , I. O. O. F. 19 To the Officers and Members of Lodge, No...., I. O. O. F. Dear Sirs and Brothers : We, your committee appointed to consider the advisability of consolidating this Lodge with and into Lodge, No , I. O. O. F., beg leave to submit the following : Resolved, That this Lodge consolidate with and into Lodge, No , I, O. O. F., in accordance with the requirements of Article IX, Section 6, Constitution of Grand Lodge, I. O. O. F. of the State of California. Resolved, That the above resolution be read at each regular meeting of this Lodge for one month from the day of , 19 , and that final action on the same shall take place on the even- ing of , 19. . . . , Committee. Forms. 1007 IV e Hereby Certify, That the above resolutions, having been read the requisite number of times as called for in same, were adopted this the day of 19 You are respectfully requested to issue a Warrant for said consolidation, to take effect on the day of 19.... [seal.] Noble Grand. Recording Secretary. Form No. 6. ACTIONS BY LODGES ON CONSOLIDATION. Hall of Lodge, No. . . ., I. O. O. F. 19... Whereas, It is understood tllat Lodge, No I. O. O. F., is desirous of consolidating with this Lodge, under Article IX, Section 6, Constitution of the Grand Lodge, I. O. O. F. of Cali- fornia, and it being evident that such action is for the best interests of both Lodges, therefore, be it Resolved, That Lodge, No...., I. O. O. F., be allowed to consolidate with and into this Lodge, and that this Lodge receive the members of said Lodge, No , into full membership in this Lodge in accordance with the above mentioned provision of the Constitution of the Grand Lodge of this jurisdiction. Resolved, That the above resolution be read at each regular meet- ing of this Lodge for one month from the day of , 19 , and that final action on the same shall take place on the even- ing of 19 IVe Hereby Certify, That the above resolutions, having been read the requisite number of times as called for in same, were adopted this the day of 19... You are respectfully requested to issue a warrant for said consolidation, the same to take place on the day of , 19... [seal.] Noble Grand. Recording Secretary. 1008 Forms. Form No. 7. DISPENSATION FROM DISTRICT DEPUTY GRAND MASTER. Office of the District Deputy Grand Master of the Grand Lodge, L O. O. F., OF the State of California. 19.... District No To the Noble Grand, Vice-Grand, Officers and Brothers of Lodge, No...., I. O. O. F. In compliance with the request for a dispensation contained in a communication from your Lodge, dated the day of , 19 Now, therefore, I District Deputy Grand Master, for District No of the jurisdiction of the Grand Lodge, I. O. O. F., of the State of California, do, by virtue of the power and authority in me vested, hereby authorize and empower you to In Witness Whereof, I have hereunto set my hand this day of 19 District Deputy Grand Master. Form No. 8. CERTIFICATE OR APPLICATION FOR ADMISSION OF A BROTHER TO ODD FELLOWS' HOME. Hall of Lodge, No , I. O. O. F. 19.... To the Board of Trustees of the Odd Fellows' Home of California •' This Certifies, That is, and for the five years next preceding this date has been, a member of this Lodge in good standing; that he was admitted to this Lodge on the day of 19 , by , and ranks as a member of the Degree, and according to our Register is now years of age. He is, by reason of the infirmities of age, unable to earn a livelihood, and is in indigent circumstances and is not in receipt of a pension or other revenue, or entitled to a resi- dence in a "Soldiers" or "Sailors" Home, and without the necessary means of support. He is not no\y sick, or entitled to attentive or pecuniary benefits, nor has he had for the six months last past. He is able to, and now does attend to his personal needs, and agrees to care Forms. 1009 for his room, and do such other work in and about "The Home," as his heahh and physical condition may permit, and as may be deemed beneficial to him. under medical guidance and direction. The applicant will present himself before the Trustees at a regular meeting unless otherwise directed. He will, upon arrival at "The Home," submit himself to the Resi- dent Physician for examination as to his mental and physical condi- tion, and upon the report of said Resident Physician, approved by the Board of Trustees, it is agreed his residence in ''The Home" shall depend; compliance with the rules of "The Home" being the general condition of permanent residence. If dismissed from "The Home" for cause, or rejected by the Resident Physician at the final examina- tion for admission thereto, this Lodge agrees to take charge of the applicant at "The Home" and assume payment of the transportation charges therefrom. We therefore request that he be admitted as an Aged and Indi- gent Odd Fellow, as a resident of the Odd Fellows' Home of Cali- fornia, and certify that as a condition of such admission he has waived all claims for sick or funeral benefits while he remains such inmate. Our Lodge agrees, in case of death at "The Home," to pay to the Home Fund the funeral expense incurred by said "Home" (not less than $50.00). Witness our hands, and the seal of the Lodge, the day and year first above written. [seal.] Noble Grand. Attest : Recording Secretary. I Agree to the foregoing and promise to conform to the same. Applicant. Form No. 9. MEDICAL CERTIFICATE FOR ADMISSION TO ODD FELLOWS' HOME. 1. Name of applicant .\j?e Years. 2. Is applicant blind? 3. Has applicant had any disease of the brain or of the nervous cen- ters ? If so, give particulars 4. Are there any signs of apoplexy, epilepsy, insanity, or other ner- vous affections, or of predisposition to them ? 6. Or of paralysis, gout, dropsy, aneurism, rupture, tumor, scrofula, phthisis or disease of the kidneys ? 64 1010 Forms. 6. Are there any effects of chronic disease or mechanical injury, or of ulcers, varicose veins, or any other forms of disease requir- ing special medical treatment or the services of a constant attendant ? Remarks The examination as above was made by me this. . . .day of . . . . 19.... M. D. Have practiced years ; now practicing at Attest: Noble Grand. [seal.] Secretary. Lodge, No At Form No. 10. CERTIFICATE OR APPLICATION FOR ADMISSION OF A WIDOW TO ODD FELLOWS' HOME. Hall of Lodge, No I. O. O. F. , Gal 19.... To the Trustees of the Odd Felloias' Home of California: This certifies. That is the widow of Brother who for the five years next preceding his death, had been a member in good standing of this Lodge ; that he was admitted to this Lodge on the day of 19 , and ranked as a member of the Degree. The applicant is now years of age, without necessary means of support, and is, by reason of the infirmities of age, unable to earn a livelihood. She is not now sick, nor has she been for the six months last past. She is able to, and now does attend to her personal wants, and agrees to care for her room, and do such other work as her health and physical condition may permit, and as may be deemed beneficial to her under medical guidance and direction. She will present herself to the Trustees residing most conveniently, there to be examined by a Physician selected by said Trustee. She will, upon arrival at the Home, submit herself to the Resident Physi- cian for examination as to her mental and physical condition, and upon the report of said physician, approved by the Board of Trustees, it is agreed her residence in the Home shall depend. Gompliance with the rules of the Home being the general condition of permanent residence, Forms. 1011 If dismissed from the Home for cause, this Lodge agrees to take charge of the applicant at the Home, and assume paj-ment of transportation charges therefrom. We therefore request that she be admitted as a resident of the Odd Fellows' Home of California. Our Lodge agrees, in case of death at the Home, to pay the Home Fund the funeral expenses in- curred by said Home (not less than $50.00). IVitness, our hands and the seal of the Lodge, the day and year first above written. [seal.] Noble Grand. Recording Secretary. I Agree to the foregoing and promise to conform to the same. Applicant. Form No. 11. APPLICATION FOR ADMISSION TO THE I. O. O. F. ORPHANS' HOME. No. Applicant No. Admission I. O. O. F. Orphans' Home of California. Date of Admission | Date of Leaving Inmate Term Application of Of I Made by Date of Date and place of birth Age I Sex Condition Has applicant been vaccinated? | Is applicant in good health?. Paternal Relations: Father's full name Date and place of birth Came to California | Occupation If deceased, date and place of death If living, place of re.sidence Name, number and location of I. O. O. F. Lodge Name, number and location of Rebekah Lodge What estate to which applicant is heir What Life Insurance Father's Brothers Father's Sisters 1012 Forms. Maternal Relations. Mother — Date and place of birth Name before marriage Age . Came to California If deceased, date and place of death tf living, place of residence Name, number and location of Rebekah Lodge Mother's Brothers Mother's Sisters Estate of which applicant is heir Marriage : Father and Mother married at Date By Present residence of person officiating Marriage certificate — where recorded / Hereby Certify, That the statements contained in the above answers to questions are true, to the best of my knowledge and belief. Signed Date (If anything is promised in the way of support of the child, the following blank will be filled and signed:) / do Hereby Promise and agree to pay to the I. O. O. F. Orphans' Home, the sum of Dollars, per , payable for and in consideration of the support and maintenance of the applicant for admission herein. Signed Relation EXAMINING physician's CERTIFICATE. This is to Certify, That I have this day carefully examined and, as a result of said examination, I find the above named child free from contagious disease, and a proper subject mentally and physically for admission to the I. O. O. F. Orphans' Home. M. D. Examining Physician. 190.. Memoranda. (Here record all souvenirs, heir-looms, mementoes, or articles of any kind that are placed in keeping of the Home for the child.) Forms. 1013 ■^In filling up the blanks within, it is intended to preserve from oblivion such facts of family history as will be of interest to the child when it arrives at maturity. ■^It is desired that all facts ascertainable will be written down plainly and as fully as the blanks will admit. ■^Applications which exhibit carelessness or negligence of the information sought to be obtained, will be returned for amendment before the applicant is accepted. ■■Tin answering questions concerning the estate to which appli- cant may be a possible heir, special inquiry should be instituted. This is due to the child, and is recognized as a solemn duty of guar- dianship. ■^Orphans and half orphans are admitted, but none over four- teen years of age. Form No. 12. CERTIFICATE OF DECEASED FATHER'S STANDING. Hall of Lodge, No , I. O. O. F. Gal 19.... To the Board of Trustees, I. O. O. F. Orphans' Home of California: This is to Certify, That deceased father of who seek, .admission into the I. O. O. F. Orphans' Home of Califor- nia, was at the time of his decease, 19 , a member in good standing of Lodge, No L O. O. F., located at [seal.] Attest: Noble Grand. Secretary. EXAMINING physician's CERTIFICATE. This is to Certify, That I have this day carefully examined and, as a result of said examination, I find the above named child free from contagious disease, and a proper subject mentally and physically for admission to the L O. O. F. Orphans' Home. M. D., Examining Physician. 19.... 1014 Forms. Form No. 13. CERTIFICATE OF DECEASED MOTHER'S STANDING. Hall of Rebekah Lodge, No , I. O. O. F. Gal 19.... To the Board of Trustees, I. O. O. F. Orphans' Home of California: This is to Certify, That deceased mother of who seek, .admission into the I. O. O. F. Orphans' Home of Califor- nia, was at the time of her decease 19 , a member in good standing of Rebekah Lodge, No , L O. O. F., located at ■ Noble Grand. [seal.] Attest : Secretary. EXAMINING physician's CERTIFICATE. This is to Certify, That I have this day carefully examined and, as a result of said examination, I find the above named child.. free from contagious disease, and a proper subject mentally and physically for admission to the I. O. O. F. Orphans' Home. M. D., Examining Physician. 19... Form No. 14. CERTIFICATE OF LIFE MEMBERSHIP IN ODD FELLOWS' HOME. Odd Felloivs' Home of California: This Certifies, That Lodge, No , I. O. O. F., has paid the sum of One Thousand Dollars for a Life Membership in said Home, and in consideration thereof is entitled to board, lodg- ing and care thereat, as an inmate thereof, during life, subject only to conformity with the rules and regulations established for the government of said Home. Granted by order of the Board of Trustees, this . . day of , 19. . President. Secretary. i Forms. 1015 Form No. 15. ORDER FOR THE SEMI-ANNUAL PASSWORD. , Cal., 19... To the Noble Grand of any Lodge of the Independent Order of Odd Fellows in the State of California : This is to Certify, That the bearer, Brother has paid all demands against him in Lodge, No , I. O. O. F., up to ihe day of , 19 , and is entitled to the Semi-Annual Password for the term commencing on the first day of 19 which you will please communicate to him after due examination, whereupon you will retain or destroy this letter. Yours in F., L. and T., Noble Grand. [seal.] Attest: Secretary. Form No. 16. ORDER FOR ANNUAL TRAVELING PASSWORD. If a brother applying for a Withdrawal Card be absent from the location of his Lodge, so that he cannot obtain the Annual Traveling Password with his card in person, it is the duty of the proper officers, upon granting such card, to transmit the same to the brother; and also send therewith a letter in the following form, to-wit : Lodge, No , L O. O. F., of State of California, this day of , 19 To the Noble Grand of any Lodge of the Independent Order of Odd Fellows: The bearer. Brother holding a legal card from this Lodge, dated this day of 19 for the period of months, is entitled to the Annual Traveling Password for the current year, which please communicate to him after due examination ; whereupon you will retain or destroy this letter. Noble Grand. Attest : Secretary. Note.— Should the letter be sent in another year subsequent to the year in which the card is issued, as, for instance, when the card is dated in December of one year, and the letter dated in January of the 101 G Forms. ensuing year; or in the case of issuing a duplicate card in the place of the one lost, then the words "current year" in the letter should be omitted, and the words year in which the card is dated, or the words that year, should be inserted. The Annual Traveling Password required of a brother to prove himself in possession of, when he offers to visit a Subordinate Lodge on an unexpired Withdrawal Card, is the Annual Traveling Password for the year in which the card was issued and bears date. — (See 1866-1868-1890 Sovereign Grand Lodge Journal, 3876, 3953, 3987, 4240, 4374, 4404, 4414, 4430, 11898, 12217, 12281). Care should be taken in writing the order or letter in all cases, so that the brother to whom it is sent should receive the proper Annual Trav- eling Password. Form No. 17. ORDER FOR THE SEMI-ANNUAL PASSWORD FOR REBEKAH LODGES. To the Noble Grand of any Rebekah Lodge of the Independent Order of Odd Fellows of the State of California: This is to Certify, That the bearer, , has paid all demands against in the Rebekah Lodge, No. . ., L O. O. F. of the State of California, up to day of , 19 , and is entitled to the Semi- Annual Password for Rebekah Lodges, for the term commencing on the first day of , 19. . . ., which you will please communicate to after due examination; whereupon you will retain or destroy this letter. Noble Grand. [seal.] Attest: Secretary. Form No. 18. ORDER FOR ANNUAL PASSWORD USED AS A TRAVELING PASSWORD. If a brother or sister applying to his or her Rebekah Lodge for a Withdrawal Card be absent from the location of the Rebekah Lodge, so that he or she cannot obtain the Annual Password with his or her card in person, it is the duty of the proper officers, upon granting such card, to transmit the same to the brother or sister; and also send a letter therewith in the following form, to-wit: Cal, 19.... Rebekah Lodge, No I. O. O. R, State of California. This day of 19 Forms. 1017 To the Noble Grand of any Rehekah Lodge of the Independent Order of Odd Fellozvs: The bearer, holding a legal card from this Lodge, dated this day of , 19 , for the period of months, is entitled to the Annual Password for the current year, which please communicate to h after due examination; where- upon you will retain or destroy this letter. Noble Grand. [seal.] Attest: Secretary. Form No. 19. PHYSICIAN'S CERTIFICATE OF EXAMINATION OF CANDIDATE FOR MEMBERSHIP. The Grand Lodge has prescribed the following form thereof. It is not compulsory upon Lodges to require a certificate, but this form must be used if any: Physician's Certificate of Examination of Candidates for Membership. (Physician to write in answers.) What is your name ? What is your present health ? Has change of climate ever been sought for the benefit of your health? ^ave you ever been confined to the house by sickness or any physical injury? If so, when and for what period of time? Are your parents living ? If dead« at what age did they die and what was the cause of their death? Has any member of your family, or any near relative, ever had disease of lungs, heart, brain, or any hereditary disease? Do you use alcoholic stimulants ? If so, to what extent ? Do you use opium ? Do you know of anything, either in your business or personal habits, that would tend to impair your health ? Signature : physician's certificate. I hereby certify that I have this day examined Mr and that I find him in every respect physically sound, with no indica- tions of ever having had any serious disease, nor any predisposition to disease, except M. D. —1888 Journal, 1119, 1152; 1889 Journal, 34, 122, 163. 1018 Forms. A Subordinate Lodge may add to the form prescribed by the Grand Lodge any questions which it may deem advisable in regard to the physical condition of the applicant. — 1895 Journal, 185, 228, 54. Form No. 20. BOND OF TRUSTEES OF SUBORDINATE LODGE. Know all men by these presents : That we, as principal, and and as sureties, all of , County of , California, are held and firmly bound unto , Noble Grand, and , Vice-Grand, of Lodge, No , of the Independent Order of Odd Fellows of the State of California, or their successors in office, in the sum of dollars, in United States gold coin, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated this day of , 19 Whereas, the above boundeh was, on the day of , 19...,, elected to the office of Trustee of Lodge, No , of the Independent Order of Odd Fellows of the State of California, for the term commencing on the day of , 19 Now, therefore, the condition of this obligation is such that if the said shall well and truly discharge and perform the duties of Trustee of said Lodge, No. ...., for and during his official term and until his successor is elected and qualified, and shall, at the expiration of his term of office, surrender and deliver up all books, papers, money and property received by him under or by virtue of any order or resolution or law of said Lodge, and all books, papers, money and property of said Lodge, to his successor in office, or to such other person or persons as such Lodge shall direct, according to the provisions of the Constitution, By-Laws, rules, regu- lations, resolutions, orders or votes of said Lodge, now existing, or which may hereafter be adopted by said Lodge, and shall keep true and just accounts of all money and property that he may receive as such Trustee, and shall exhibit and submit to said Lodge, or to the persons by said Lodge thereunto appointed, his said accounts and the vouchers therefor, whenever thereto requested, then this obligation to be void, otherwise to remain in full force and virtue. Witness : [seal.] [seal.] [seal.] (Each Trustee must file a separate bond, with two sureties.) Forms. 1019 Form No. 21. BOND OF TREASURER OF SUBORDINATE LODGE. Know all men by these presents : That we, as principal, and , and as sureties, all of , County of , California, are held and firmly bound unto and , Trustees of Lodge, No , of the Independent Order of Odd Fellows of the State of California, or their successors in office, in the sum of dollars, in United States gold coin, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated this day of ,19 Whereas, the above bounden was, on the day of 19 , elected to the office of Treasurer of Lodge, No , of the Independent Order of Odd Fellows of the State of California, for the term commencing on the day of 19 Now, therefore, the condition of this obligation is such, that if the said shall well and truly discharge and perform the duties of Treasurer of said Lodge, No for and during his official term, and until his successor is elected and qualified, and shall, at the expiration of his term of office, surrender and deliver up all books, papers, money and property received by him under or by virtue of any order or resolution or law of said Lodge, and all books, papers, money and property of said Lodge to his successor in office, or to such other person or persons as such Lodge shall direct, according to the provisions of the Constitution, By-Laws, rules, regu- lations, resolutions, orders or votes of said Lodge, now existing, or which may hereafter be adopted by said Lodge, and shall keep true and just accounts of all moneys and property that he may receive as such Treasurer, and shall exhibit and submit to said Lodge, or to the persons by said Lodge thereunto appointed, his said accounts and the vouchers therefor, whenever thereto requested, then this obligation to be void, otherwise to remain in full force and virtue. Witness: [seal.) [seal.] [seal.] 1020 Forms. Form No. 22. CHARGES. ^ To Lodge, No , /. O. O. F. The undersigned, a member of Lodge, No , I. O. O. F., under the jurisdiction of the Grand Lodge of the State of California, L O. O. F., hereby charges , a member of Lodge, No , with having been guilty of , as more fully appears by the following specifications. First : So far as the charges are concerned, members, by consulting Article VIII of the Constitution of Subordinates, will find a general designation of offenses against the Order, any one or more of which may be inserted in the blank, or the general charge of "conduct unbe- coming an Odd Fellow," as the case may be. Under the head of "Specifications" there should be a full state- ment of the offense, time, place and circumstances of each alleged offense — if more than one — separately. —1870 Journal, 232, 235, 251. Form No. 23. SUMMONS. Lodge, No , /. O. O. F., 19 To Sir and Brother :— You are hereby notified that on the day of , A. D. 19 , Charges and Specifications — of which a certified copy, under the Seal of the Lodge, is herewith served on you — were preferred against you and filed in said Lodge, and were referred for trial to the undersigned committee. You are hereby summoned to appear before said committee, at on the day of , A. D. 19 , at .... o'clock ... M, of that day, to make answer to said charges and proceed with the trial thereof. In default of which you will be reported to said Lodge as being guilty of contempt thereof. Committee. ■1870 Journal, 232, 251. Forms. 1021 Filing of Summons. (On back of Form No. 23.) To Filed this day of , A. D. 19. Secretary of Committee. Form No. 24. Certificate of Service of Summons. (On back of Form No. 23.) Lodge, No , I. O. O. F., 19.... I hereby certify that on the day of A. D., 19 at the State of California, I served the within Summons, also the Charges and Specifications referred to therein, by delivering to and leaving with said the accused, a copy of said Summons, attached to a copy of the Charges and Specifications against him, certified under the Seal of the Lodge. Member of said Lodge. Form No. 25. Admission of Service of Summons. (On back of Form No. 23.) 19 I hereby admit due service of the within Summons, also of a duly certified copy, under the Seal of the Lodge, of the Charges and Speci- fications referred to herein, this day of , 19 Form No. 26. SUBPOENA. Lodge, No. L O. O. F. 19 To You are hereby notified and required to appear before the com- mittee heretofore appointed to try the charges preferred by Brother against Brother at on the day of , A. D. 19 at o'clock m. of that day, to testify as a witness therein on behalf of said . By order of the Committee. Secretary of Committee. —1870 Journal, 2.33, 251. 1022 Forms. Form No. 27. Certificate of Service of Subpoena. (On back of Form No. 26.) Lodge, No , I. O. O. F. 19. I hereby certify that on the day of , A. D. 19 , I served the within subpoena on by delivering to and leaving with him a copy thereof, in the County of Member of said Lodge. Form No. 28. Acceptance . of Service of Subpoena. (On back of Form No. 26.) I hereby accept service of within Subpoena at , this day of , A. D. 19.... Form No. 29. REPORT OF TRIAL COMMITTEE. To Lodge, No , /. O. O. F. Your Committee heretofore appointed to try the charges preferred against by Brother , report that the accom- panying documents contain the proceedings of, and the evidence taken before, said Committee. That from all that appeared to said Committee in said case, they find Brother Committee. —1870 Journal, 234, 251. Forms. 1023 Form No. 30. NOTICE OF FILING REPORT OF TRIAL COMMITTEE. Lodge. No I. O. O. F. 19 To Sir and Brother: — Take notice that the Committee heretofore appointed to try the charges preferred against you by Brother have this day filed their report herein. You have two weeks from the date of receiving this notice within which to file your exceptions thereto. Yours in P., L. and T,. Recording Secretary. —1870 Journal, 234, 251. Form No. 31. Certificate of Service of Notice. (On back of Form No. 30.) Lodge, No , I. O. O. F. 19.. I hereby certify that I served the within notice on by delivering to and leaving with him a copy thereof, this day of , A. D. 19 , at the place aforesaid. Recording Secretary. Form No. 32. BILL OF EXCEPTIONS. To Lodge, Xo /. O. O. F. 19 The undersigned hereby presents the following Bill of Exceptions to the report of the Committee, heretofore made herein, relative to the charges preferred against him by Brother ; also to the proceedings of and the testimony taken before said Committee; also to the actions and proceedings of said Lodge relative to said charges. First. — Said charges and specifications are insufficient to show the commission of the offense charged by the accused herein; in this Second. — The evidence is insufficient to sustain said charges, or the report of the Committee herein, in this Third. — The following errors were committed by the Committee in the course of the trial (1870 Journal, 234, 251.) 1024 Forms. Form No. 33. NOTICE OF APPEAL. To Lodge, No , /. O. O. F, Take notice that the undersigned hereby appeals from the action and judgment of this Lodge in the matter of charges preferred against him by Brother , on the following grounds Yours in F., L. and T., Dated , 19.... (1870 Journal, 234, 109, 128, 251.) 1025 I N D EX. ABSENCE: Section. Visiting Card does not involve leave of absence 856 Secretary should not note brother present who enters after roll-call 2397 Absent Past Grand cannot vote by proxy 2563 Duty of brothers when out of their own jurisdiction 2760 Members absent from Lodge, and fines therefor. 1414 Temporary absence of Noble Grand 2417 Absent at nomination or election. See Officers. Of officers. See Officers. Of officers-elect at installation. See Installation. Of installing officer. See Installation. Who to act in absence of officers. See Officers. When offices and honors not forfeited by. See Deg^rees. When offices and honors forfeited by. See Degrees. As to Past Grand's degree. See Degrees. Removal of officers for. See Officers, As to vote of absent Representatives. See Ballot and Voting. Charges against absent brother. See Trials. Absence of the accused or accuser. See Trials. Absence of the accused. See Contempt. Assessments on absent brothers. See Assessments. Fines of officers for absence. See Fines. Absence of Junior Past Grand. See Junior Past Grand; Fines. Excuses of officers for absence. See Fines. Absence of members from funeral. See Fines. Absence of members from Funeral Committee. See Fines. Absence from Relief Committee. See Sunday. As to sending order for password to absent brother. See Password. As to cards to absent brothers. Sec Cards. Of officers and initiation. Sec Initiation; Officers. Absence of member of Trial Committee or counsel. See Trials. Absence of officers and Lodge meetings, or business. See Officers; Minutes. 65 1026 Index. ABSTRACT QUESTIONS: See Questions. Seciion. ACCEPTANCE OF SERVICE OF DOCUMENTS. See Trials. ACCLAMATION: See Ballot and Voting; Officers. ACCOUNTS: When Lodge may donate funds to settle 1463 When may use funds to compromise and settle financial questions 1462 Brothers able to settle accounts, etc., and benefits 531 Of moneys paid to Grand Secretary, duty of Lodge. 2800, 2801 Of supplies and property received from Grand Secretary, duty of Lodge .'. 2801 Lodge must keep an account of all moneys sent to Grand Lodge 2402 As to Grand Secretary. See Grand Secretary, under head of ■ Officers. As to Grand Treasurer. See Grand Treasurer, under head of Officers. As to Bookkeeping. See Bookkeeping. ACCUSED: See Trials; Contempt; Appeals. ACCUSER: See Trials; Appeals. ACQUITTAL: As to charges. See Trials. As to appeals. See Appeals. As to cards. See Cards and Certificates. ADDRESSING THE CHAIRS: Grand Officers address the chairs 1593 When Grand Officer introduces a visiting brother 1595 When Grand Officer visits officially he should be intro- duced after addressing the chair 1596 Officers-elect retire for examination at installation, address the chairs 1657 When entering for installation, do not 1657 Installing officers should be addressed by their proper title 1671 D. D. G. M. should be addressed as District Deputy Grand Master 1671 D. D. G. M. with his officers must when entering address the chairs 2238 Index. 1027 ADDRESSING THE CHAIRS— CoH/i««^(f. Section. Noble Grand may, i£ be choose, arise to acknowledge brothers . . . ..,,.....,..,., 2362 Brothers on entering may wait for others 2363 In such cases, they together address 2363 Whether brothers may thus wait is in discretion of pre- siding officer 2363 There must be reasonable dispatch in addressing 2363 Brother retiring should address the chair 2364 Initiation and conferring degrees, addressing chairs 2365 Officers retiring to prepare for initiation 2365 Officers retiring to prepare to confer degrees 2365 When Lodge closed in one and not opened in another degree 2367 Officers retiring for initiation should address 2366 Officers retiring for degrees should address 2366 No law compelling N. G. or V.-G. to arise in addressing brothers 2368 Matter of courtesy and custom 2368 Lodge recommended to observe it 2368 When Right Supporter in chair, how addressed 2373 In such case, how Noble Grand addressed 2373 Dcgee staff or team should address on entering and retiring 1416, 1147 When degree staff should not address 1148 ADJOURNMENT: A Lodge must close in form 1 A Lodge cannot adjourn over for two weeks 2 Motion to adjourn sine die 3 A Lodge cannot hold adjourned meetings.; Note to 3 Motion to adjourn to another day or time. .... .Note to 3 Motion to adjourn always in order 4 But cases of sick and distressed members must be con- sidered 4 ADMINISTRATOR: See Executors and Administrators; Benefits. ADMISSION TO ONE'S OWN LODGE: Brother's right until he ceases membership ' Brother without password During reading of the minutes ... 7 Brother under reprimand 8 A suspended brother who has appealed .9 Brother suspended for a fixed period 10 1028 Index. ADMISSION TO ONE'S OWN hODGE— Continued. Section. Expelled brother and an appeal 11 A member under charges , 12 An initiatory member's right 13 During election of officers or representatives 14 ADMISSION OF VISITORS: See Visitors and Visiting. ADMISSION TO MEMBERSHIP IN SUBORDINATE LODGE: See Membership. ADMISSION TO REBEKAH LODGE: See Rebekah Branch. ADMISSION TO GRAND LODGE: See Grand Lodge; Representatives. ADMISSION TO DEGREE LODGE: See Degree Lodge. ADMISSION FEES: See Fees; Rebekah Branch. ADMISSION OF SERVICE OF DOCUMENTS: See Trials. ADVERTISEMENTS: See Emblem. Name, symbols, initials or emblems of Order in, pro- hibited 1319 ADULTERY: See Offenses. Solicitation of. See Offenses. AFFIDAVITS: See Trials; Benefits. AGE: Cannot initiate candidate under twenty-one years of age. 1609 When admitted by fraudulent misrepresentation of age. 693 Such fraud discharges Lodge from benefits, etc 693 May be investigated after death 693 Sickness incident to old age entitled to benefits 473 Applicant for membership must be twenty-one years of age 1724 May receive petition if under twentj^-one, but cannot initiate 1775 No maximum limit of age 1777, 1776, 1961 Age to become non-beneficial member.. 1956, 1958, 1959, 1960 Increased fees for age, prohibitory law 1355 Fee of five hundred dollars 1355 No discrimination against aged applicants 1356 I Index. 1029 AQEr—Cohtinued. Section. Fees for aged persons must be reasonable 1356 No admission fee in case of transfer of membership by card 1343, 1340 As to Rebekah Lodges. See Rebekah Branch. AGED AND INDIGENT MEMBERS: See Benefits; Odd Fellows' Home. AGED ODD FELLOWS: Aged Odd Fellows' Fund 15 Aged Odd Fellows' Register 16 Grand Secretary shall keep such Register 16 Petition to enroll name on such Register 17 Who are such Aged Odd Fellows 16, 17 Grand Master and Grand Secretary's duty 17 Membership as an Aged Odd Fellow 18 Fees, dues, assessments 18, 22 Benefits to Aged Odd Fellows 19, 22 Notices as to Aged Odd Fellows 20 Right to vote or speak 21 Funeral expenses 21, 22 AGENT: Of wholesale beer company eligible to membership 1733 • Of a brewery eligible to membership 1746 AGREEMENT: To waive benefits by applicant for membership, illegal... 382 Or agreement shall not be entitled to, illegal 383, 384 Or shall not receive them, illegal 385 Bargains of Trial Committees 3219 As to facts by Benefit Investigating Committee 611 As to facts by counsel 611 Bargain before death to relinquish funeral benefits, illegal 650 Lodges not to enforce private contracts 1006 When no actual fraud appears 1006 ALBUM: May use funds to buy albums 1448 ALIAS NAME: Initiation under an assumed name 1849 Rejected applicant— Wrong name — New application 1853 Fraudulently gaining admission by 2107 1030 Index. ALL-SEEING EYE: See Business Envelope. Section. ALTAR SUPPORTER: See Rebekah Branch. ALTAR BEARER: See Rebekah Branch. AMENDMENTS: When amendment to S. G. Lodge Constitution takes effect 955 Grand Lodge Constitution, how amended 960 Amendments thereto 960 Must be approved by Sovereign Grand Lodge Note to 960 Or by Grand Sire in recess, etc Note to 960 Amendments, how sent to Sov. Grand Lodge Note to 960 Must be accompanied with copy of Grand Lodge Consti- tution . . . Note to 960 By-Laws of Grand Lodge, how amended 750, 752 Such By-Laws need not approval of Sovereign Grand Lodge . . . 751 Grand Master cannot ainend Grand Lodge proceedings.. 2191 Subordinate Lodge Constitution, how amended 969, 970 Illegal amendment thereto . 972 Reports on proposed amendments to Constitutions 2446 Proposed amendments shall contain what 2445 Duty of Grand Secretary as to amendments to Consti- tution of Subordinates 2202 Duty of Grand Secretary as to amendments to Consti- tution of Rebekah Lodge 2202 As to By-Laws of Subordinate Lodges. See By-Laws. As to ballot and voting. See Ballot and Voting. As to minutes and records. See Minutes and Records. As to charges. See Trials. As to record or transcript on appeal. See Appeals. As to benefits. See Benefits. AMUSEMENT: No public, in name of Order without permission of Grand Master . '. . .■..."....■. 1178, Note to 27 No liquor at any entertainment given by Lodge or in name of Order . . 1709 As to liquors. See Liquors. As to Rebekah Lodges. See Rebekah Branch. As to funds. See Funds. AMERICAN: See Name of Lodge. Index. 1031 ANCIENT ODD FELLOW: Section. Defined 23 Holder of Dismissal Certificate is not 23 Holder of expired Withdrawal Card is 23 One who resigns is 23 When member of defunct L«dge is Note to 23 He is not required to be reinitiated Note to 23 His rank when re-admitted Note to 23 When one who has resigned must be reinitiated. .Note to 23 When Withdrawal Card is lost Note to 23 When he has not the Annual Traveling Password. Note to 23 Holder of expired Withdrawal Card and fee 24 How admitted — Committee — Must answer certain ques- tions 25 Must be examined as to degrees attained 25 Must sign the Constitution 25 A certain By-Law not applicable 26 No dispensation to admit to Lodge 1200 When Lodge may use its funds to assist to carry on business, etc '. . . 150» As to funeral. See Funeral ANNIVERSARY: April 26th, Anniversary of Order 27 When dispensation required for celebration Note to 27 When dispensation required to use regalia Note to 27 No intoxicating beverages to be used Note to 27 When Grand Officers conduct the ceremonies. .. .Note to 27 Use of music and parade Note to 27 Anniversary Proclamation of the Grand Sire... Note to 27 Regalia, emblems Note to 27 Dance, banquet, social Note to 27, 1480 Ancient Odd Fellow — Saloonkeeper ineligible to member- ship 1763 For what purposes funds may be expended in celebrat- ing Note to 27, 1497, 1499 Cannot use funds for foot races, bicycle races, candy 1489 When celebration may be postponed 28 As to funds. See Funds. ANNIVERSARY OF LODGE: See Funds; Rebekah Branch. ANNIVERSARY OP REBEKAH DEGREE: September 20th the Anniversary 3371 Should be appropriately celebrated :<-^71 September 20th. 1851. is the natal day :i37l 1032 Index. ANNUAL COMMUNICATIONS: Section. Where and when held 30 To change place must amend Constitution Note to 30 Sovereign Grand Lodge cannot grant permit to meet in another place Note to 30 The Grand Sire cannot change the date Note to 30 When Grand Lodge will not accept invitations for social festivities 31 As to special sessions. See Special Sessions. ' As to annual sessions of Rebekah Assembly. See Rebekah Branch. ANNUAL PASSWORD: See Rebekah Branch. ANNUAL REPORTS AND RETURNS: See Reports and Returns. ANNUAL SESSIONS: See Annual Communications. ANNUAL TRAVELING PASSWORD. See Passwords. ANTE-ROOM: Member cannot vote from ante-room 363 To take part in business must be in Lodge-room proper. 363 Charter may be hung in 896 Officer of Lodge and roll call 1408 to 1411 In ante-room after Lodge opens is not being in Lodge- room 1410 Spirituous and malt liquors excluded from 1707 Warden should go into, at opening, and take up S. A. P. W 2535 As to other matters. See Fines; Liquors; Password; Charter. APPEALS: Page. 1. Committee on Appeals and its Powers and Duties 1033 2. Transcript or Record on Appeal 1033 3. Appellate Jurisdiction — Right, Time and Manner of Appeal 1034 4. Rules of Decision and Other Matters 1035 5. Appeals by a Lodge or General Relief Com- mittee from a Lodge's Action 1037 6. Appeals to the Sovereign Grand Lodge 1038 7. Rebekah Lodges and Assembly. See Rebekah Branch. Index. 1033 APPEALS— Cow/i«iiiMe(f. Section. Ballots for others than regular nominees counted as blanks 269 One who declines is not in nomination 269 A majority of votes, including blanks, necessary to elect. 269 Effect of blank ballots when only one candidate 270 Blank ballots when only one candidate to be counted 270 A ballot with same name on it three times 271 Cannot suspend By-Laws to enable a brother to vote.. 272 Candidate may vote for himself 273 Noble Grand may vote at elections 274 Nominees may vote 275 No right to vote except in regalia 2615 In Rebekah Lodges. See Rebekah Branch. 3. For Membership and Reinstatement. Must ballot for candidates for membership 276 Three or more black balls reject 276 Must ballot in Third Degree 277 To reinstate a brother suspended for non-payment of dues after a year thereafter 278 To reinstate such brother within a year thereafter 279 To reinstate such brother must vote by ball ballots 280 To reinstate expelled member 281 Cubes may be used instead of black balls 282 When the ballot may be retaken i 283 The Noble Grand's right and duty to ballot 284 Noble Grand to inspect and announce ballot and vote.. 285 The Vice-Grand to examine and ascertain the ballot, when. 286 The manner of taking the ballot and official duties 287 A collective ballot for applicants is illegal 288 Investigating Committee must report before ballot 289 Where there are two minority reports 289 Must ballot on unfavorable report 290 When compulsory to vote 291 When Lodge may excuse a brother 291 A brother more than thirteen weeks in arrears for weekly or funeral dues 292 Brothers in arrears for dues 293 Excuse for declining to vote 294 Brothers should not explain acts of Lodge 295 Reasons why applicant should not be balloted for 296 Noble Grand's right to refuse to state number of black balls cast 297 Vice-Grand no right to disclose ballot 298 Three black balls reject 299 Brother not to disclose tin- fact he cast a bl;»rk hall Mote to 299 1046 Index. BALLOT AND VOTING— Continued. Section.' Nor to give his reason for his vote Note to 299 Right to vote a secret ball ballot Note to 299 No right to conceal or expose character of his vote at pleasure Note to 299 Except on motion to reconsider by all who cast black balls Note to 299 When to endeavor to discover how a brother voted is an offense Note to 299 Cannot make known his ballot Note to 299 Vote governed by his own sense of propriety Note to 299 Three black balls reject applicant by card 300 Ballot rejecting a candidate cannot be declared null 300 Three black balls reject on a re-ballot 301 Three black balls, Noble Grand declaring applicant elected 303 Three black balls reject application of expelled member to be reinstated 1950 Ballot had, application cannot be withdrawn 304 Minutes in such case . . .' 304 Cannot ballot at special meeting, except 304 When may ballot at special meeting by dispensation 305 When may ballot on expired Withdrawal Card 306 Rejected applicant cannot demand committee 307 After ballot application cannot be withdrawn 308 Right to cast black balls beneficial to Order 309 Lodges which violate the law subject to charges 309 No right to vote except in regalia 2615 In Rebekah Lodges. See Rebekah Branch. 4. Reconsideration and New Ballot. , A favorable ballot may be reconsidered 310 Manner of voting to reconsider a favorable ballot 311 The vote required to reconsider a favorable ballot 312 Effect of reconsidering a favorable ballot 313 When elected candidate fails to qualify 314 No reconsideration of a vote reinstating a brother 315 Cannot reconsider favorable ballot when application for transfer of membership by card 316 Time and manner of reconsidering an unfavorable ballot. 317 Re-ballot to verify that black ball not cast by mistake.. 317 Ballots accepted de facto become de jure 318 Each regular meeting is a session 319, 318 When no appeal from decision of Noble Grand at subse- quent meeting 319 When illegal vote does not change result 320 Error or informality not affecting the result. .. .Note to 320 . Index. 1047 BALLOT AND VOTIHG— Continued. Section. Candidate rejected, no further investigation — No new ballot 321 No dispensation by Grand Master to re-ballot for rejected applicant 1228 Cannot reconsider or rescind vote granting Withdrawal Card 844 No right to vote except in regalia 2615 In Rebekah Lodges. See Rebekah Branch. 5. For Degrees. Election to degrees by ballot 322 Three black balls or cubes reject 322 Balloting on two or more applicants at same time 323 When all applicants elected 323 When to ballot on each applicant separately 323 Must ballot while open in Third Degree 324 Manner of balloting for degrees and official duties 325 A separate ballot for each degree 326 A separate ballot is a matter of local regulation. .Note to 326 Ballot must take place on night of application 327 May reconsider a favorable ballot 328 Lodge not compelled to vote degrees 329 When may ballot for Third Degree 330 No right to vote except in regalia 2615 6. Miscellaneous. Brothers interested in question prohibited from voting. . . 331 Connection or intended connection with another Lodge.. 331 The same as to another Encampment 331 No member to vote if personally interested, except 332 Leasing or renting hall to another Lodge 332 Leasing or renting hall to Encampment 332 Or to Rebekah Lodge or Uniform Degree Camp 332 Members personally interested — Renting Lodge property. 333 Trustee personally interested — Renting Lodge property. . 334 Lodge members who are members of Good Templars.. 335 Such members not to vote on loaning money to Good Templars 335 Members of other Orders — Rent of hall 336 Members of other Orders — Lodge property 3«7 The interest of other Orders 338 Member of Rebekah Lodge — Question concerning Re- bekah Lodge 339 An officer fined — Vote on appeal from Noble Grand's decision 340 Manner of voting — Stand and vote 341 1048 Index. BALLOT AND VOTING— Continued. Section. When voting is by voting sign Note to 341 When voting is by ballot Note to 341 When rising vote Note to 341 No right to speak or vote unless in regalia Note to 341 Vote when division demanded 342 Withdrawal Card granted by ballot 342 Majority vote required 342 Withdrawal Card — Viva voce vote 344 Application withdrawn 344 Withdrawal — Voting in ordinary manner 345 Withdrawal Card on transfer of membership 346 Vote in such case must be by ball ballot 346 Payment of arrears entitles one to vote 347 Meaning of two-thirds vote of members present 348 Two-thirds vote 349 Two-thirds vote of the members voting 350 Two-thirds vote and the Noble Grand's casting vote 351 Two-thirds vote and the Noble Grand's right to vote 352 Two-thirds vote and a member's excuse from voting. . . . 353 When By-Laws require two-thirds vote; Constitution silent 354 Consolidation of Lodges 355 Three-fourths vote required 355 Provided five Third Degree members do not object or protest 355 Resignation must not be balloted on 1976 Noble Grand no right to dictate to a brother 356 Voting on night of initiation 357 Rights of non-beneficial members 358 Rights of non-contributing members 1954 Finance Committee members may vote upon their own report 359 When not entitled to vote — Arrears 360 Arrears — Officers' salary — Compensation for work and labor 361 Right to vote and term password 362 No voting in ante-room 363 All present must vote, unless excused 364 Noble Grand's right to compel brothers to vote, unless excused Note to 364 Right to vote and By-Law 365 When not entitled to vote — By-Law 366 Noble Grand votes on questions of expulsion and sus- pension 367 Noble Grand's right to vote 368 Index. 1049 BALLOT AND WOTIHG— Continued. Section. Secret ballot — Illegal law 369 When claimant for benefits — No right to vote 609 After adopting By-Laws section by section, then as a whole 782 Annul card in same manner and by same vote 830 Cannot reconsider or rescind vote granting Withdrawal Card 844 Member of Trial Committee may vote 3009 As to charges and trials. See Trials. As to Trustees. See Trustees. As to Aged Odd Fellows. See Aged Odd Fellows. BALLOT AND VOTING IN REBEKAH BRANCH: See Rebekah Branch. BALLOT-BOX: See Rebekah Branch. BAND: Illegal to use the name, "Odd Fellows' Band." 1318 BANNER BEARER: See Rebekah Branch. BANK: Deposit of Lodge funds in bank by Treasurer and lost. 1469 Savings bank not to use the name of the Order 1317' Bank in which Grand Treasurer shall deposit moneys.. 1378 Finance Committee's power to designate and change 1378 Lodge may invest funds in stock of 1446 BANK BOOK: Finance Committee to inspect, etc., Grand Treasurer's, and report 1379 BANKRUPTCY: When an insolvent or bankrupt, under certain circum- stances, refuses to pay his obligations, etc 2126 An insolvent, with fraudulent intent, purchasing goods, etc 2146 (29) BANQUET: Lodge cannot use funds for 1484, 1490, 14W Cannot use funds for, on installation night 1483, 1401 Nor for refreshments 1487 Cannot use funds for, on Lodge anniversary 1491 Nor at visitation by Grand Master or Grand officers 1493 May use the Special Fund for 1476, 1480, 1484 1050 Index. BANQUET— ContiuHcd. Section. No liquors at, given by Lodge or held in the name of the Order 1709 As to liquors. See Liquors. As to anniversary of the Order. See Anniversary, BARGAINS: See Agreement. BARTENDER: See Stockholder. Not eligible to membership 1725 Article XVI, Section 5, Sovereign Grand Lodge Consti- tution, not retroactive 1726 Went into effect September 18, 1905 1726 Takes away no rights of members, barkeepers at that time 1726 Member commencing such business since then liable to charges 1728 Bartender is an employe 1729a Bar in a Summer hotel 1738 One who works in grocery and attends bar 1743 When one who takes Withdrawal Card may become a member 1757 When such one is ineligible 1758 One with Withdrawal Card visiting a Lodge 3312 As to offenses. See Offenses. As to membership. See Membership. BASEMENT: When Lodge may hold meetings in 2785 BATTERY: See Offenses; Trials. BEER GARDEN: Employe to carry drinks and liquors to guests therein a bartender 1734 BENEFICENCE: See Funds. BENEFITS: Page. 1. General Principles and Provisions 1051 2. When Entitled to Benefits 1055 3. When Not Entitled to Benefits 1056 4. When Discretionary 1058 5. Investigating Committee as to Sick Benefits. . 1058 6. Funeral Benefits and Expenses 1062 7. Benefits to Widows 1065 Index. 1051 BENEFITS— Cori/iHMt'd. Section. S. For relief furnished by Relief Committees and other Lodges. See Relief and Relief Com- mittees. 9. For nurses and watchers. See Nurses and Watchers. 1. General Principles and Provisions. Lodge must provide for benefits 370 Amount and disposition of the same Note to 370 The beneficial character of our Order 371 Its moral precepts and teachings 371 Right of Lodge to tax for benefits 372 Where Lodge fails to pay benefits from exhausted treasury Note to 372 Grand Lodge's power over benefits 373 The general minimum benefit law 374 It regulates the minimum that can be paid and the first one or two weeks' benefits 374 Benefits must be uniform 375 Lodge cannot provide that certain members admitted free shall not be paid benefits Note to 375 Different rates to members of same degree not allowed Note to 375 Lodge cannot make part of its members beneficial after three months' membership and a part after six months . . . Note to 375 Cdfinot discriminate on account of length of member- ship Note to 375 Subordinate Lodge sovereign, in what respect 376 Lodge may provide that after member receives or has received a certain amount, benefits shall be reduced Note to 376 Lodge may provide that after a brother has received benefits for a certain period or time, his benefits shall be reduced Note to 376 But subject to general minimum benefit law Note to 376 Grand Lodge may reduce minimum benefits to one dollar after first year Note to 376 Benefits received before and after passage of law.Note to 376 Sick benefits are regulated by local law 377 Grand Lodge competent to determine all questions relat- ing thereto 377 And without interference from Sovereign Grand Lodge. 377 Benefits reduced after a certain amount 378 Benefits reduced while a brother is sick 379 1052 Index. BENEFITS— Contiuued. Section. Reduced benefits after receipt of $500 for one contin- uous sickness 380 Consolidation of Lodges 381 Candidate cannot waive benefits as to certain sickness.. 382 Agreement as to insanity 383 Agreement not to claim benefits void Note to 383 Agreements by candidates to waive benefits illegal 384 Age of candidate 385 Agreement to waive benefits void 385 By-Law depriving a member, after sixty-five years of age, of benefits void Note to 385 Who entitled to benefits 386 Minimum benefits 386 Reduced benefits after receipt of $500 386 Benefits payable weekly Note to 386 Funeral and sick benefits, how regulated 387 Lodge may prescribe the terms and conditions on which members receive benefits 388 May limit benefits to Third Degree members 389 May limit benefits to degree members Note to 389 May provide benefits for brothers of Initiatory and First and Second Degree 390 Lodge may increase or reduce the rate of benefits 391 May amend By-Laws concerning benefits 392 Cannot, by tacit consent, keep a repealed By-Law in force Note to 392 May reduce benefits by change of By-Laws 393 Cannot reduce rate of benefits by a simple vote 393 By-Laws amended, they apply to all 394 When amount of benefits changed, applies to sick and well 395 Benefits that have accrued cannot be reduced. .. .Note to 395 Lodge may fix amount of benefits provided 396 Lodge may increase the rate of benefits Note to 396 First week's sickness 397 When benefits shall commence and who entitled to 398 Power of Lodge as to arrears and benefits 399 Minimum period of delinquency as to dues 399 By-Laws — Less than thirteen weeks in arrears 400 No benefits till six months a member is a valid provision. 401 The six months' provision applies to members by initia- tion, deposit of card, or otherwise 402 Must be a member six months to receive benefits 403 Brothers suspended for non-payment of dues reinstated and the six months' limit 404 Index. 1053 BENEFITS— Continued, Section. A certain By-Law not applicable to reinstated brothers. 405 Transfer of membership by card when benefits com- mence 406 Commence in such case six months from admission 406 Elected to membership on transfer of membership by card, but fails to obtain Withdrawal Card 407 His Lodge is liable for benefits in such case 407 Transfer of membership — Holder of Withdrawal Card dies before depositing card 408 Neither the Lodge that elects him nor his Lodge liable for benefits 408 When sick benefits accrue 409 Brother should not attach another brother's benefits. 410, 412 Attachment of benefits a question of law 411 Must not inform an officer that benefits ordered paid to a brother 412 Proportion of dues to benefits, Grand Lodge's recom- mendation 413 Grand Lodge's recommendation not binding 414 When an amendment to By-Laws is disapproved 415 Not less than four dollars per week as benefits except 416, 417 A Lodge cannot cease paying after a certain amount 418 Higher benefits for higher degrees 419 Become due as soon as brother receives higher degree. 419 Higher benefits to Third Degree members is matter for local legislation 419 Benefits include both sick and funeral benefits 420 Benefits illegally paid must be returned 421 Effect of a brother's change of Lodge 422 Not payable to legal representative of member's estate.. 423 When brother leaves no family or dependent relative Note to 423, 424 Not assignable 425 Not payable to executor or administrator 420 Administrators and executors will not be recognized.. 426 Benefits designed for comfort of a brother and his family and dependent relatives Note to 426 Our Order docs not design to pay the debts of a de- cedent Note to 426 When the law does not designate the person to whom payable «27 Brothers no right to resort to courts of law 428 Decisions of the I^dge and authorities of the Order conclusive and final 428 1054 Index. BENEFITS— Continued. Section. Every member agrees to abide by the decisions of the Lodge and authorities of the Order 428 Grand Lodge cannot undertake to pay benefits 429 Nor tax its members to provide such fund 430 Penalty as to disability occurring after arrears paid 430 Grand Lodge does not allow certain penalties in this jurisdiction 430 Lodge cannot provide brothers not entitled to benefits for six months after paying arrears 430 Nor for a specified time after dues paid 430 Grand Lodge may permit, if it see fit, such penalties 430 Reinstatement — Time limit — Penalty 431 Duty of Chairman of Visiting Committee 432 Lodge, not Visiting Committee, determines when benefits shall cease 433 Reports of Visiting Committee 434 Lodge cannot provide that benefits shall not be paid without report of Visiting Committee 434 When claimant does not pursue the course prescribed by law 435 When donation not a benefit 436 Action on report of Visiting Committee 437 Grand Master cannot determine or decide as to benefits. 2176 Upon ex-parte statements of facts 2176 Issue of fact must be tried by Investigating Committee. 2176 Grand Lodge and Subordinates control as to arrears depriving of benefits 438 They determine what sum or length of time shall deprive of benefits 438 Whether it shall be one or thirteen weeks, or longer 438 Drafts for benefits and questions of order 439 Aged, infirm and indigent members 440 Certain By-Law as to benefits valid 441 No suspension of payment of benefits Note to 1175 Neither Grand Lodge nor Grand Master can grant such dispensations 1175 Certain By-Laws concerning benefits disapproved. See By-Laws. No writ of mandate 1723 As to benefits to Aged Odd Fellows. See Aged Odd Fellows. As to offense. See Offenses. Index. 1055 BENEFITS— Continued. Section. a. When Entitled to Benefits. When not more than thirteen weeks in arrears 442 The minimum of delinquency 443 Lodge may provide for benefits during membership.... 444 Must be over thirteen weeks in arrears to deprive of benefits 445, 446 Lodge may grant benefits till members twenty-six weeks in arrears 446 After six months' membership, when sickness commences prior thereto 447 When entitled to benefits, after six months' membership. 448 When must pay for first week's sickness 449 During all the time of sickness 450 Effect of receipt for dues , . 451 Not informing Secretary of change of residence and penalty 452 On receiving Third Degree entitled to Third Degree bene- fits 453 Cannot refuse benefits on account of residence 454 Brother receiving salary during sickness 455 A brother in the military service 456 A sailor in government hospital 457 American soldier in government hospital in Philippines. 458 During suspension or expulsion after restored to member- ship « 459 Brother's private and financial affairs — Competence 460 No difference whether in need or enjoying competence. 460 Without property or with income sufficient to support.. 461 Payment of wages is not the question 462 A brother cannot waive benefits 463 Insane entitled to benefits 464 Insane in an asylum entitled to benefits 464 Lunatics entitled the same as others Note to 464 Insane brother supported at public expense entitled thereto Note to 464 When benefits of insane brother paid to guardian 465 Insane brother and absent guardian 466 Insane brother, benefits must be paid 467 Attempted suicide while insane 468 Benefits of- insane brother, how paid and to whom 469 Insane brother in hospital — Disposition of benefits 470 Nervous affection treated in sanitarium 471 Aged brother and softening of the brain 472 Sickness incident to old age 473 Donation and mistake as to brother's standing 474 1056 Index. BENEFITS— Continued. Section. Reported out of care and relapse 475 Benefits improperly obtained at a previous time 476 In case of blindness 477 When brother pays arrears 478 When under By-Laws, they commence from date of being reported to officer 479 Brother beneficial when reported sick 480 Reported sick last day of arrearages for dues 481 When brother beneficial at commencement of his sick- ness 482 In such case cannot be deprived of benefits during such sickness 482 In such case, Lodge must retain from benefits enough to keep him in good standing 482 Beneficial when sickness commenced, but in arrears when reported to Lodge 483 Dues paid, Secretary does not report the same to Lodge, but embezzles the same 484 Expulsion reversed by Grand Lodge — Appeal to Sov- ereign Grand Lodge 485 In such case benefits during appeal 485 Lodge suspended by Grand Master and reinstated 486 Lodge charter arrested by Grand Master and restored... 486 A suspended inmate of Odd Fellows' Home — Dues — Benefits 487 Offered admission to Odd Fellows' Home and declines.. 488 3. When Not Entitled to Benefits. Local law controls as to arrears and benefits 489 Arrears paid while sick does not entitle sick brother to benefits during that sickness 490 Donation of dues while sick does not entitle sick brother to benefits during that sickness 491 Reinstated while sick 492 Criminal and immoral acts, causes, etc 493 Illness or disability from immoral conduct 494 Trial on charges not necessary to deprive of benefits. 495, 496 Immorality before or after admission as member 496 Immoral conduct and its consequences 497 When saloonkeeper not entitled to benefits 498 A fraction of a week 499 A brother sick six days 500 Visiting Card and first week's sickness 501 A brother in arrears and benefits 502, 503 Cannot deduct donation from funeral expenses 502 Index. 1057 BENEFITS— Continutd. Section. Cannot deduct sick benefits granted from funeral expenses 503 A Lodge may pay benefits whether member in arrears or not 503 Arrears thirteen weeks for dues 504 Responsibility and duty to pay dues rests upon a brother. 505 Time, not amount, determines standing and right to benefits 506 Dues in arrears and partial payment 507, 508 When member in arrears not entitled 509 Arrearages debar from benefits, when 510 Sick brother not in arrears when benefits due him 511 Dues should be deducted from benefits 511, 513 When benefits sufficient to pl^cc brother in good stand- ing Note to 511 Arrears and promissory note 512 Arrears — Officers' salary — Compensation for work and labor 513 Right to benefits depend upon payment of dues 513 Lodge should apply benefits to pay dues 513 But cannot apply any other indebtedness due a brother to pay his dues without his consent 513 Case where money due cannot be credited 514 When brother not entitled to 515 In arrears for funeral assessments 516, 517 Sickness must be reported to the Lodge 518 Reporting sickness to Lodge 519 Reporting sickness to Recording Secretary 519 In case sickness is not reported 520 When insanity prevents brother from sending certified notice required by By-Laws..... Note to 520 When mental sickness incapacitates him Note to 520 When impossible for brother to comply with require- ments Note to 520 When sick brother does not report himself till in arrears. 521 In case benefits do not commence till reported sick.... 521 Notice of sickness by absent brother 522 Where requirements of By-Laws not complied with.... 523 Where By-Laws require an attested statement 524 Where By-Laws require a sworn statement and doctor's certificate 525 Where By-Laws require monthly statements 526 A sworn statement is not conclusive 527 A doctor's statement or certificate is not conclusive.... 528 A brother sentenced to reprimand 529 By-Law requiring sick brother to report to Visiting Com- mittee once ft week 530 67 1058 Index. BENEFITS— Continued. Section. When brother able to collect debts, settle accounts, etc. 531 When brother can earn a living 532 When brother declines to receive benefits 533 When brother accepts less amount 'than is due 533 Effect of a brother reporting himself out of care 534 Brother able to earn a livelihood while sick 535 Brother who has a sore hand, etc 536 Brother able to superintend business, etc 537 Brother with a chronic disease 538 Brother renounces the Order forfeits benefits 539 Infirmity from old age 540 Brother must not delay making his claim 541 Holder of Withdrawal Card 542 Withdrawal Card voted, the brother is not entitled to benefits 542 By-Laws take effect notwithstanding erroneous notice of Secretary 543 Liability of Lodge to pay benefits, limited 544 Effect of undecided charges 545 Inmate of Odd Fellows' Home not entitled thereto 546 Resident of Odd Fellows' Home suspended, and benefits. 2083 Suspended inmate of Odd Fellows' Home and benefits.. 2084 Non-beneficial members not entitled to sick benefits 547 Suspended member not entitled to 548 Placed in quarantine ; 549 A Lodge suspended or charter arrested 550 4. When Discretionary. When a brother has not complied with By-Laws 551 Failure to send an attested statement 552 Failure to send certificate or statement 553 When brother fails to demand Investigating Committee. 554 A By-Law giving discretion in certain cases 555 Benefits discretionary under certain By-Laws 556 A prohibitory By-Law 557 5. Investigating Committee as to Sick Benefits. On demand in writing Investigating Committee ap- pointed 558 Must appoint such committee on demand 559 Such committee is a matter of right 560 Where a Lodge refuses to pay benefits at a specified rate or in full 561 By deciding a brother is not entitled to benefits, a Lodge refuses 562 Index. 1059 BENEFITS— Continued. Section. This Investigating Committee, Visiting Committee, and Special Committee 563 Number of weeks or period to be investigated 564 Not to investigate as to benefits accruing or to accrue after demand for committee 564 To investigate as to certain weeks 566 Committee must be demanded within time 566 Objects of the constitutional provision 566 As to any particular week's benefits, when demand must be made 566 When committee must be demanded 567 No formal or express refusal or neglect necessary 567 Time within which demand must be made cannot be extended 567 Action or non-action of Lodge or brother does not change the time within which demand for committee must be made 567 Sick benefits accrue and become due weekly 567 When any particular week's benefits is due and payable and not paid, committee must be demanded within four weeks thereafter , 567 Brothers must be vigilant and prompt in asserting their rights 567 When Lodge may avail itself of its right that demand for committee not made in time 568 Question whether demand made in time 569 Committee must be appointed 569 When prior investigation or prior appeal or prior judg- ment 570 Pendency of prior investigation or appeal 570 As to any particular week's benefits, corhmittee must be demanded within four weeks thereafter 570 This law is applicable to all sickness whether claimed to be continuous or not r>7(>, 571 Valid and reasonable law 572 Prior judgment as evidence 573 Evidence as to sickness from its beginning 574 Prior judgments as evidence 574 If committee not demanded in time, right to committee is lost 570 If committee not demanded in time, claim is barred 566 If committee not demanded in time, cannot enforce his right for those weeks 566 The committee, by whom appointed... .'575 Who may be members«of the committee 576 1060 Index. BENEFITS— CoM/i««^ .Note to 663 Right does not exist till after death Note to 668 No disposition thereof can be made in life Note to 663 No dependent relatives — funeral expenses 664 Funeral benefits, murder of wife, suicide of husband.... 665 10G4 Index. BENEFITS— Continued. Section. Inmate of Odd Fellows' Home, no funeral benefit 666 Inmate of Odd Fellows' Home when funeral expense paid to' Odd Fellows' Home Fund 667 When funeral expenses payable 668 Death immediately after reinstatement and funeral expenses 669 Twelve months in arrears for dues and funeral expenses.. 670 Funeral expenses not paid unless actually incurred 671 When brother buried at expense of the United States 671 Funeral expenses and estate of deceased 672 When buried by another Order at expense of family,, 573, 686 When buried by and at the expense of Masonic Lodge Note to 673 Non-beneficial member and funeral expenses 674 Non-beneficial member and funeral benefits 675 Non-beneficial member not entitled to funeral benefits on death of his wife 676 Nor to funeral expenses on death of wife 676 Initiatory member and funeral expenses 677 Before a member six months 678 Cariages for pall-bearers, floral decorations and draping of hall ". 679 Brother in arrears buried by General Relief Committee.. 680 Buried by another Order and part of expenses paid by family 681 What funeral expenses should not be paid 684 Duty of Lodge to pay funeral expenses or benefits 685 Immoral conduct of deceased 684 When not buried by the Order 685 Buried at expense of Government or another Order.. 686, 673 Testimony — funeral expenses or benefits paid 687 Investigating Committee, evidence, report, appeal 688 Committee investigates,. hears evidence and reports 689 When" Grand Lodge will review Lodge's action 689 An appeal 689 Lodge refuses or neglects to pay funeral expenses or funeral benefits 690 Lodge must on demand appoint Investigating Committee 690 Claimant has the affirmative 691 He has the burden of proof 691 Persons should not resort to courts of law 692 When, if admitted by fraud, widow not entitled to benefits 693 Gained admission by fraudulent misrepresentation of age 693 As to aged Odd Fellows, See Aged Odd Fellows. As to appeals. See Appeals, Index. 1065 BENEFITS— Continued. Section. 7. Benefits to Widows. May provide benefits for widows 694, 695 Lodge may provide for Widows* and Orphans' Fund 695 Immoral act or conduct deprives of benefits 696 The rule governing the rights of widows 697 Widows* and orphans* rights survive or perish with brother's rights 697 Their rights end when he ceases to be a member 697 Their rights end when he ceases to be a member in good standing •. 697 When the husband was in arrears, and paid them while sick, and died of that sickness 698 Where husband was not in good standing 699 When husband at death not entitled to benefits and dona- tion to widow 700 Lodge cannot discriminate as to rank of husband 701 Lodge may discriminate as to amount *701 Scarlet and other degree members 702 Lodge may increase or reduce the benefits 703 Benefits under new By-Laws 704 Lodge may change By-Laws so as to make benefits to widows discretionary '. 705 Lodge may repeal the By-Law providing for benefits to widows 706 Widow who does not maintain a good character 707 A widow may demand a committee to investigate •. . 708 Evidence and appeal 708 Widow should not sue Lodge 709 Benefits and allowances to widows not assignable 710 Widow who remarries and is divorced 711 As to appeals. See Appeals. As to by-laws. See By-Laws. BEVERAGE: See Liquors. BIBLE: To be in Lodge-room 712 Chapter from it cannot be read 713 Either at opening or closing Lodge 713 Form for opening and closing Lodge cannot be added to 713 BILL OP EXCEPTIONS: See Trials; Benefits for Benefit Investigations; and Appeals; Forms. BILLS: See Minutes and Records; Finance Committee. 1066 Index. BICYCLE RACES: See Races. • Section. BLACK BALLS: See Membership; Rebekah Branch; Bal- lot and Voting. Threats to blackball — offense 2120 BLACK BOOK: Lodges required to keep 714 Names to be immediately entered 715 What entries to be made 716 In case of resignation 717 BLANK BALLOTS: See Ballot and Voting. BLANK BONDS: See Bonds; Forms. BLANK CERTIFICATES AND CREDENTIALS: See Grand Secretary, under the head of officers, BLANK FORMS: See Grand Secretary, under the head of Officers; Forms. BLIND: See Membership; Benefits. BOARD: Suspension until brother pays a bill for board, illegal 3212 BONDS: Of Grand Secretary 718 Of Grand Treasurer 718 Of Grand Trustees 718 Of Trustees of Odd Fellows' Home 718 Conditions of bonds of above officers 718 Penalty to be guaranteed by a surety company 718 Expense of procuring such bonds paid by Grand Lodge.. 718 Bond of Lodge Treasurer 719 Form of Lodge Treasurer's bond (Form No. 21) 729 Sureties not Odd Fellows 720 A Treasurer or Trustee cannot be surety 721 Bonds of Lodge Trustees 722 Form of bond of Lodge Trustees (Form No. 20) 730 Trustees must give a separate, joint and several bond... 723 Trustees cannot be sureties for each other 724 Bond with two sureties required 725 Guarantee of Security Company in lieu of bonds Note to 725, 727 When principal and sureties not allowed in Lodge-room 726 Liability of sureties 728 Index. 1067 BONDS — Continued. Section. Grand Secretary to furnish blank bonds to Lodges 2207 Election of Treasurer and bonds 2305 May invest funds in bonds 1444 To hold bonds in trust, etc. See Trustees. BOOKKEEPING: Lodge may adopt its own system 731 An incorrect system of bookkeeping 732 Errors may be corrected by the Lodge 733 BOOKS: See Minutes and Records; Fiscal Year. BOYCOTT: Must do no act that would injure a brother Odd Fellow. . 734 BREWERY: Sec Agent. BROTHER: Natural brother nursing natural brother 2056 Lodge determines when to pay therefor 2056 BUILDING OR HALL: See Charters. BUILDING COMMITTEE: Members of the Order must be appointed 930 BUILDING AND LOAN ASSOCIATION: See Emblems. Not to use name, emblems, initials, etc., of Order 1319 BURIAL: Sec Funeral; Funeral Benefits and Funeral Expenses. BURIAL GROUND: Sec Cemetery. BUSINESS OF GRAND LODGE: By whom transacted 735 Work of a committee part of the business 736 Invitations interfering with business 737 Certain business to be kept secret 738 Grand Secretary shall present unfinished business 730 Grand Secretary's rooms for business of the Order 740 Transacted in Grand Lodge Degree 741 Installation may be in Scarlet Degree 742 Exemplification of degrees while open in Scarlet Degree 743 BUSINESS OF SUBORDINATE LODGE: Quorum for business 744, 745 When Noble and Vice-Grand absent and no Past Grand present 2704 1068 Index. BUSINESS OF SUBORDINATE I.ODGE— Continued. Section. Business transacted in Third Degree except 746 When Noble Grand may open under other business.... 747 Private business of a Lodge must not be divulged 748 Attachments and benefits granted 748 Not inform officer that benefits granted are in hands of Secretary 748 Absence of Noble Grand and Vice-Grand 749 To take part in business, member must be in Lodge-room proper' 363 Cannot vote from ante-room 363 BUSINESS: See Emblems. Name, emblems, etc., of Order not to be used in private business 1315, 1316, 1320 Illegal to issue a certificate of good standing for business purposes 1574 As to membership. See Membership. As to degrees. See Degrees. As to offenses. See Offenses. BUSINESS CARD: See Emblems. BUSINESS ENVELOPE: Use of All-Seeing Eye and three links on, illegal 1321 BUSINESS SIGN: See Emblems. BY-LAWS OF GRAND LODGE: Grand Lodge may enact and amend 750 Need not approval of Sovereign Grand Lodge 751 How may be repealed 752 BY-LAWS OF SOVEREIGN GRAND LODGE: They are prefixed to this Digest. For Index thereto, see this Digest under the head, Sovereign Grand Lodge. BY-LAWS OF SUBORDINATE LODGE: Committee on Laws of Subordinates is a regular com- mittee 753 It consists of five members 753 Appointed from among the members present at Grand Lodge 753 Duties of Committee on Laws of Subordinates 754 Proper that its members should be residents of same place as Grand Secretary 755 INBBJL. 1069 BYLAWS OF SUBORDINATE LODGE— Con/im^-rf. Section. Lodge may make, alter or rescind 756 When By-Laws are in force 757 By-Laws take eflfect — erroneous notice by Secretary 543 Right of Lodge to make 758 Grand Lodge may approve or disapprove 758 Grand Lodge may frame and recommend a model code of By-Laws 758 But cannot compel its adoption 758 Grand Lodge may enact a uniform Constitution 758 Grand Lodge may enact general laws for government of Subordinates 759 Powers and duties of Committee on Laws of Subordi- nates 760, 761 The committee will confine their action to approval or disapproval 762 When an amendment is not approved 763 Changing the amount of dues 764 When copy of By-Laws must be sent to Grand Secretary... 765 When all the By-Laws before printing shall be submitted to Committee on Laws of Subordinates 765 Proposed amendments shall be sent in duplicate 766 If not so sent, not to be approved 767 Proposed amendments shall be Vritten out in full 768 Proposed amendments and copy of By-Laws must be sent.. 769 New By-Laws and amendments 770 All amendments must be sent 771 Cannot be put into effect before approval 771 Cemetery which is governed by By-Laws 772 Effect of adoption and approval of new By-Laws 773 Must be printed of uniform size 774 A copy must be furnished Grand Secretary 774 Duty of Grand Secretary 774 Notice to members of proposed amendment 775 Proposition to amend when to be acted upon 776, 777 Renewal of amendment postponed indefinitely 778 Motion to indefinitely postpone 779 Amendments, how made 780 Proper form of amendment . . 781 Vote required in adopting By-Laws . . 782 A Lodge cannot suspend a By-Law 783 It nuy amend, alter or rescind, or enact others. . . 783 By-Law cannot be suspended on motion 784 They are binding on all parties 785 But one contrary to Subordinate Lodge Constitution is void. 785 The word ''reasonable'* and decision of presiding officer 786 1070 Index. BY-LAWS OF SUBORDINATE J.ODGE— Continued. Section. As to appeals in regard to validity of 92 A certain By-Law concerning benefits disapproved 787 A By-Law enabling a Lodge to show preference to some over others 787 A By-Law concerning doctor's certificates disapproved 788 A By-Law concerning reporting sickness disapproved 789 A By-Law concerning forfeiting benefits disapproved 790 A By-Law concerning funeral expenses and benefits dis- approved 791 Fines and penalties prescribed by 1395 By-Laws and qualifications for membership 2298 BY-LAWS OF ODD FELLOWS' HALL ASSOCIATIONS; Grand Lodge recommends a set of 2063 BY-LAWS OF REBEKAH LODGES AND ASSEMBLY: See Rebekah Branch. CALIFORNIA BEAUTIFIED WORK: See Supplies. CANDIDATE: A candidate may vote for himself 273 As to membership. See Membership. As to Rebekah Lodge membership. See Rebekah Branch. As to office. See Officers. CANDY: Lodge cannot appropriate its funds for 1489 As to special fund and funds. See Funds. CANTON: Donation to defray expenses of institution 1464 CARDS AND CERTIFICATES: Forms and requisites of Withdrawal Card 792 Forms and requisites of Visiting Cards 792 Must be signed by holder 792, 798 And in presence of officer communicating Annual Traveling Password or Annual Password 792, 798 Withdrawal Cards, how and to whom granted 793 Majority vote grants 793 Card refused, brother may resign 793 Certificate of resignation 793 Visiting Cards, how granted 794 Duration of Visiting Cards 794 Special Visiting Cards for non-contributing members 795 Index. 1071 CARDS AND CERTIFICATES— Ca«(mMfrf. Section. All cards issued only by Sovereign Grand Lodge 796 Rank of holder expressed on face of card 797 Highest title or rank expressed Note to 797 If Grand or Past Grand Representative, must be ex- pressed Note to 797 Secretary pro tern, signs cards Note to 798 Cards shall be withheld to be signed by holder, except 799 Order for Password not to be endorsed on card 800 Must be authenticated by Lodge seal 801 Withdrawal Cards to members of extinct Lodge 802 Grand Lodge card and charter of Lodge not reclaimed or forfeited 802 Certificates to members of suspended or expelled or extinct Lodge 803 Cards to members of extinct Lodge and dues 804 Inquirj' as to right of member to card 805 Grand Lodge — Withdrawal Cards to members of defunct Lodges 806 Have same force and effect as cards from existing Lodges. . . 806 When Withdrawal Card issued to member of defunct Lodge. 807 Such card covers the right of visitation 807 Life of Withdrawal Card to member of defunct Lodge 808 Withdrawal Card must be applied for within one year of the date of Lodge's suspension 807 A defunct certificate may issue after one year 809 Member entitled to Withdrawal Card at time of surrender of charter 810 He is entitled to receive Withdrawal Card from the Grand Lodge 810 Duplicate card, how issued 811 Duplicate must be signed by officers serving at time of issuing it 812 Must be endorsed on its face duplicate 812 If Withdrawal Card lost, may obtain duplicate Note to 812 Withdrawal Card lost, may issue certificate Note to 812 Withdrawal Card cannot be renewed 813 Withdrawal Card and Annual Traveling Password si4 No Withdrawal Card to brother under charges "^15 Withdrawal Card— Saloonkeeper - 1 <'• Withdrawal Card— Saloonkeeper — Bartender ... "^M Card granted — No charges preferred 818 Where charter member withdraws from Lodge, then !"»n« again, and then withdraws ^19 Certificate of the granting of a Withdrawal Cmrd 820 Not obliged to grant a Withdrawal Card 821, 82S 1072 Index. CARDS AND CERTIFICATES— Con/iMtirt/. Section. In cases of transfer of membership by card, Withdrawal Cards must be granted 1856, 1859, 1860 Law of transfer of membership by card not applicable to certificates 1867 Visiting Cards and transfer of membership by card 1889 Certain sections of Constitution of Subordinates repealed. .. . 1889 New law of transfer of membership by card 1889, 1856 Cases in which Withdrawal Card should be granted. .Note to 821 If Withdrawal Card not granted, may resign 821 When Withdrawal Card should be granted 823 When member can apply for card 824 Annual Traveling Password, or order for it 825 Not entitled to Withdrawal Card when grant annulled 826 Acquittal of charges does not renew card 827 Effect of Withdrawal Card ... 828 Withdrawal Cards on transfer of membership by card 1856 In such cases, if applicant elected entitled to Withdrawal Card •. 1856 If clear on the books and free from charges 1857 Ballot by which applicant elected cannot be reconsidered 1856 Entitled to Withdrawal Card on payment of actual cost of card 1857 In such cases. Withdrawal Card must be granted 1859 Grand Master may direct Lodge to grant Withdrawal Card in such cases 1860 Withdrawal Card in such cases granted by vote by ball ballot 1861 Application by the brother for such Withdrawal Card 1862 Application by the Recording Secretary for such Withdrawal Card 1863 Lodge may annul card 830 Vote upon annulling card 830 When charges have been preferred, no vote on application for Withdrawal Card 831 Charges preferred when brother applies for card 832 Viva voce vote — Application withdrawn 833 May withdraw application for card 834 Mistake in granting Withdrawal Card 835 Lodge may rectify the mistake 835, 836, Withdrawal Card granted without application therefor 836 Unauthorized application for Withdrawal Card for another. 837 May rectify the matter 837 When retaining card ratifies its issuance 838 Withdrawal Card granted instead of a Visiting Card 839 Taking card, membership in Lodge ceases 840 Index. 1073 CARDS AND CERTIFICATED— Continued. Section. Power of Lodge to annul card within a year 840 If card annulled, he is brought back into the Lodge 840 Misconduct prior or after granting card and annulling it 841 May annul within a year 842 Life of card expires in one year 842 Cannot be cancelled or annulled after one year 842 Offenses after Withdrawal Card expires 843 Expired Withdrawal Card cannot be annulled 843 Lodge may annul, but cannot reconsider or rescind granting. 844 Charges preferred, card should be annulled 844 .Annulling card that charges may be preferred 845 When holder may become member of another Lodge 846 Effect of Withdrawal Card 847 Severs connection with Lodge, npt the Order 847 Effect of expired Withdrawal Card 848 Withdrawal Card must be returned to rejected applicant for membership 849 Expired Withdrawal Card is null and void 848 Holder of expired Withdrawal Card is beyond the Order's jurisdiction 848 Card should not be mutilated or endorsed rejected 849 Where deceased has Withdrawal Card — Funeral 1541 Blank cards not obtained without written order 850 Order of Lodge under seal signed by Secretary 850 Supplies may be delivered to accredited Representatives at session of Grand Lodge Note to 850 If applicant absent, letter for Annual Traveling Password may be sent to him 851 Reinstatement of brother suspended for non-payment of dues 1936 And in such case granting htm a Withdrawal Card 19.36 Withdrawal and Visiting Cards furnished as supplies. See Supplies. When Visiting Card should be granted 853 Brothers of lower degrees than Third entitled to Visiting Cards Note to 853 Effect of undecided charges and Visiting Card 854 Endorsing Visiting Cards 855 Vi^iiting Card and rights of member and officer 856 Visiting Card does not vacate office 856, 857 Holder of Visiting Card not deprived of any office or rights. 856 Life of Visiting Card one year 856 Cannot extend time or life of Visiting Card by endorsement on it Note to 858 A new card must be isMi6d Note to 858 1074 Index. CARDS AND CERTIFICATES— Continued. Section. Amount of brother's benefits endorsed on Visiting Card 859 Applicant in Germany Order for Annual Traveling Pass- word should be sent Note to 2492 Visiting Cards to be returned 860 Another Visiting Card not to be granted till former card returned 860 Or loss or destruction proved 860 Only certain cards and certificates to be used 861 Only cards furnished by Sovereign Grand Lodge to be used. 861 Withdrawal Card does not vacate office, when 2163 Cards for wives and widows 862 As to voting concerning cards. See Ballot and Voting. As to charter members. See Charter and Charter Members. As to dues. See Dues. As to Ancient Odd Fellows. See Ancient Odd Fellows. As to official certificates. See Official Certificates. As to passwords. See Passwords. As to Dismissal Certificates. See Dismissal Certificates. As to Rebekah Lodges. See Rebekah Branch. As to benefits. See Benefits. As to membership. See Membership. CARD, ADMISSION BY: See Membership; Rebekah Branch. CARRIAGE HIRE: See Funds; Funeral Expenses. CARD, ADMISSION ON: See Visitors and Visiting. CASTING VOTE: See Ballot and Voting. CEASED MEMBERSHIP: See Dues; Suspension; Appeals. As to Rebekah Lodges. See Rebekah Branch. CASH BOOK, SECRETARY'S: See Supplies. CELEBRATION: Permission of Grand Master required, for public one 1178 No liquor at, given by Lodge or held in name of Order 1708 As to anniversary. See Anniversary. As to liquors. See Liquors. As to ball. See Ball. As to funds. See Funds. As to dispensations. See Dispensations. As to picnic, party, entertainment. See Anniversary. As to regalia. See Anniversary; Regalia. iMDBL 1075 CELEBRATION FUND: Section. How one may be created 1529, 1530 CEMETERY: Lodge may hold and sell lots therein ... 864 No need for Lodge to incorporate for that purpose 864 Lodge may erect monuments, headstones, etc 865 May maintain burial places in appropriate conditions 865 May aid in constructing a road to 866 Or a fence around the same 866 Loan of Cemetery Fund 867 WTien may give or donate plot in cemetery 2587 May pay its share of indebtedness of Odd Fellnw-;' Cemetery Association 868 As to Lodge funds. See Funds; Offenses. As to lotteries. See Lottery. CEMETERY ASSOCIATION: Use of emblems and name of the Order ms CENSURE: Of officers clothed with discretionary power 869 CERTIFICATES: Where By-Laws require one for benefits 525, 528, 524 Such required certificate from a doctor not conclusive 628 Physician's certificate not admissible as evidence 601 Past Grand's certificate as to hall or building on petition for charter . . 880 Certificate of Representative . . 1018 Certificate of Grand Representati\ < 2214 Certificate of Past Grands 1018 Grand Secretary must provide necessary blanks for certifi- cates for Representatives and Past Grands 1018 As to credentials for Representatives and Past Grands. See Credentials. Lodge may require certificate of good health of applicant 1780 Doctor's certificate of examination and health of applicant. (Form No. 19) 1781 Form prescribed by Grand Lodge must be used, if any 1782 Prescribed Form No. 19 may be added to ^ 1782 When such doctor's certificate may be required. 1782. 1783, 1784, 1785, 1930 Certificate of admission to Odd Fellows* Home (Forms No«. 8 and 10) 2087 Medical certificate as to applicant for admission to Home rForm No. 9) 2088 1076 Index. CERTIFICAT^ES— Continued. Section. Certificate of life membership in Odd Fellows' Home (Form No. 14) 2089 Certificate for Semi-Annual Password the District Deputy Grand Master must procure and file 2235, 2236 Certificate of deceased father's standing for I. O. O. F. Orphans' Home (Form No. 12) 2485 Certificate of deceased mother's standing for same (Form No. 13) 2485 Certificates of service of summons (Form No. 24) 2932 Certificate of service of subpoena (Form No. 27) 3097 Certificate of service of notice of filing report (Form No. 31). 3139 Grand Secretary to provide blank certificates for Representa- tives and Past Grands 2210 As to official certificates. See Official Certificates. As to Dismissal Certificates. See Dismissal Certificates. As to certificates in lieu of cards. See Cards. As to Past Grand's Degree and Grand Lodge Degree. See Degrees. CHAIRS: See Addressing the Chairs. Decoration of chairs 870 Chair of Noble Grand with scarlet 870 Chair of Vice-Grand with blue 870 CHALLENGE: As to members of Trial Committee. See Trials. As to members of Investigating Committee as to benefits. See Benefits. CHAPLAIN: Duties of Chaplain by Junior Past Grand 1415 Cannot make it obligatory on Junior Past Grand 1415 Nor fine him for non-performance 1415 Not imperative to have duties of, performed .2579 Service as Chaplain — Eligible to Vice-Grand 2281 Member cannot be installed Chaplain of another Lodge 2282 Noble Grand may appoint 2410 Duties of Chaplain 2410 As to prayer. See Prayer. CHARACTER: Duty to defend brother's character 871 As to offenses. See Offenses. As to character of applicant for membership. See Member- ship. As to character of applicant for degrees. See Degrees. Index. 1077 CHARGES: See Trials; Appeals; Forms. Section. Brother under charges may visit his own Lodge 872 Participate in its business 872 Receive Semi- Annual Password if otherwise in good stand- ing 872 As to benefits. See Benefits. As to cards. See Cards. As to Dismissal Certificates. See Dismissal Certificates. As to charges against a Lodge 2816 CHARGES AND LECTURES: When Grand Lodg^ Constitution conflicts with 873 Charges at initiation to be committed to memory 874 Must be committed to memory before installation 875 Must not be written 876 Junior Past Grand to commit charge to memory 877 As to installation. See Installation. As to offenses. See Offenses. As to the Work of the Order. See Work of the Order. As to Rebekah Lodges. See Rebekah Branch. CHARGE BOOKS: See Rituals. CHARITY: See Funds. Lodge funds may be used for 878 CHARTER OF GRAND LODGE: Sovereign Grand Lodge cannot alter 879 Copy of charter 880 Warrant issued by Grand Sire at institution is its charter. 881 This warrant was confirmed 881 CHARTER AND CHARTER MEMBERS: Fees for charter * 882 How applied for and granted 883 Written application of five or more Third Degree brothers 883 Where no Lodge exists 883 Application of seven or more Third Degree brothers 883 Where a Lodge does exist 883 Application of twenty or more persons eligible to mem- bership 883 Expenses of installing officer 883 May erase names of certain petitioners. 883 Application, to whom presented 884 Dispensation, may issue . . 884 May refute charter Mote to 884 1078 Index. CHARTER AND CHARTER MEMBERS— Continued. Section. Must be recommended by three-fourths of the Lodges in the county or district 885 Certificate as to a suitable hall necessary 886 Withdrawal Card must be properly authenticated 887 Who may become charter members 888 Charter members must be present at institution 889 Those not present cannot become charter members 890 How those not present must regain membership. .Note to 890 One who lives nearer another Lodge already organized. 891 Fee of charter member 892 Remission of dues illegal, when 893 Rights of members about to withdraw 894 May ascertain if the Lodge sanction their withdrawal 894 Charter may be kept in Lodge-room proper or ante- room 895, 896 Old charters should be preserved and cherished 897 Loss or destruction of charter 898 Grand Master and Grand Secretary issue another 898 Duplicate charter 899 Cannot open charter 900 When Lodge may surrender charter 901 Surrender of charter 902 Duty of Lodge about to surrender charter 903 Should deliver books, papers and other property to District Deputy Grand Master 903, 904 Should also deliver up its available and unavailable funds. 904 Members desiring to retain charter should appear at the meeting and state their case 905 Charter for Degree Lodges 906 Five or more Past Grands or five or more Third Degree members must petition 906 Restoration of charter 907 Charter arrested — Suspension sustained — Charter re- stored 908 Revival of Lodge restores officers 909 Status of members on restoration of Lodge 910 Application of five or more 907 Charter fee on restoration 911 Failure to make annual and semi-annual returns, forfeits charter 912 Duty of Grand Master or District Deputy Grand Master. 912 Duty of last installed officers of Lodge 912 Failure to hold meetings for six months 913 Surrender or forfeiture of charter 914 Duty of officers 914 Index 1079 CHARTER AND CHARTER MEMBERS— Cow/iwMfrf. Section. Suspension or expulsion of Lodge 914 Effects and funds in case charter forfeited or surrendered. 915 Funds and property to be delivered up to Grand Lodge, or its officers or agents 916 Suspended Lodge — Arrested charter — Restored ben- efits 486, 650 Grand Lodge, and not Grand Master, disposes of property of extinct Lodge 2193 At institution of Lodge charter members eligible to office. 2274 Petition for a warrant for a Subordinate Lodge and instructions in regard thereto (Forms No. 1 and No. 2. page 1001. As to name of Lodge. Sec Name of Lodge. As to number of Lodge. See Number of Lodge. As to Rebekah Lodge. See Rebekah Branch. See, also. Subordinate Lodge; Aged Odd Fellows. As to foreign charters. See International Relations. CHEVALIERS: See Prize Drills; Installation; Regalia. CHILDREN: Minor daughter nursing her father 2057 As to orphans. See Orphans. As to I. O. O. F. Orphans' Home. See Orphans' Home. As to offenses against. See Offenses. As to Rebekah Lodges. See Rebekah Branch. CHINESE: Not eligible to membership 1773 CHOIR: Allowance for funeral expenses and choir 679 CHURCH: To appear in regalia to attend .. 1219 To wear regalia at dedication . ... 1213 Funeral conducted by church 1547 As to funerals. See Funerals. CIGARS: Smoking in Lodge-room prohibited ... 2768 Cannot use funds for . . . ... 1481 May use special fund for . ■ ufti CIPHER: See Telegraph Cipher and Key. CIPHER KEY: See Work of the Order; Supplies. 1080 Index. CIRCULARS: Section: Grand Secretary to issue, to Subordinate Lodges, Repre- sentatives and officers 2199 CITIZEN: As to membership. See Membership. CIVIL OFFICER: Should not be compelled to neglect his duties to attend Lodge duties 917 As to fines. See Fines. As to funerals. See Funeral. CLAIMS: Indebtedness due a brother and dues and arrears. See Dues; Benefits. Claims for benefits. See Benefits. Claims of executors and administrators. See Benefits. Claims of one Lodge upon another for nurse hire. See Nurses and Watchers. Claims of Relief Committees and Lodge upon Lodges. See Relief Committees and Relief. As to appeals by Lodge or Relief Committee from a Lodge's actions. See Appeals. CLERK: Clerk in packing house selling whiskey in packages is not saloonkeeper 1732 CLUB ROOM: Barkeeper in — Offense 2137 CLOSING LODGE: Though motion to adjourn adopted, Lodge must be closed in form 1, 4 But cases of sick and distressed brothers must be con- sidered before closing 4 Cannot add to the form of closing in the Ritual 713 In case of public installation 1652 In case no quorum 2599 As to adjournment. See Adjournment. As to funeral. See Funeral. COLLATION: See Funds; Banquet; Supper; Anniversary. COLLECTORS OF BALLOTS: See Officers of Grand Lodge. Ikdbz. 1081 COMMITTEES: Section. In Grand Lodge must be appointed from members present 918 Who may serve on committees 918 Regular committees of Grand Lodge 919 Grand Master appoints 920 Regular committees and elective officers 921 When members of committee cannot act 922 When Past Grand cannot be appointed or act 923 Effect of reference to a committee in Grand Lodge 924 Propositions must be submitted in duplicate 925 And on paper of certain size 925 Grand Lodge cannot appoint committee to try member of Subordinate Lodge 926 Duty of Noble Grand 927 When Noble Grand to appoint 928 Members of committee must be of Third Degree 929 Building Committee — member of the Order 930 Reports of committees or substance thereof to be noted on minutes 931 Presumption in favor of committees* acts 117 Rejected applicant cannot demand committee to investi- gate, etc 307 No dispensation granted to a Lodge Committee 1182 Cannot be fined for absence from, on Sunday 1400 Nor for absence from General Relief Committee on Sunday .* . . 1400 When may refer question of benefits to Special Committee 563 Committee to examine nominees for D. D. G. M. 2225, 2226, 2227 Elected applicant by card, committee to examine as to degrees 1907 Committee to investigate rumors about a brother illegal 3262 Good of the Order 1564 Committee to correct misconduct, etc., of brother 2354 As to Committee on Credentials. See Credentials. As to Committee on Finance. See Finance and Finance Committee. As to Committee on Correspondence. See Correspondence. As to Committee on Appeals. See Appeals. As to Committee on Petitions. See Petitions. As to Committee on State of the Order. See State of the Order, Committee on. Af to Committee on Legislation. See Legislation. At to Committee on Mileage. See Mileage. As to Committee on. Printing. See Printing. 1082 Index. COMMITTEES — Continued. Section. As to Committee on Rebekah Lodges. See Rebekah Lodges, Committee on. As to Standing Committee. See Standing Committee. As to Committee on Charges. See Trials. As to Committee on Applicants for Membership. See Membership. As to General Relief Committee. See Relief Committee and Relief. As to Committee to Investigate Claim for Benefits. See Benefits. As to Committee to Investigate Claim for Funeral Ben- efits and Other Claims. See Benefits. As to Committees in Rebekah Assembly and Rebekah Lodges. See Rebekah Branch. COMMITTEE OF THE WHOLE: Procedure in such cases 932 COMMUNICATIONS TO LODGES: Instructions to representatives not to be sent to other Lodges 933 Certain communications prohibited 934 Consent of Grand Master necessary 934 Resolutions deprecating or condemning S. G. L.'s actions 935 Instructions to vote for certain legislation 936 Combinations to control legislation — votes 936 Secretary's duty to read 937 How received 938 Communications from Grand Master and Grand Sec- retary 939 Duty to enter them, etc 939 Duty to number them and keep them on file 939 Suspensions, expulsions and rejections 939 Communication over the Grand Master's signature 940 Communications from D. D. G. Master 2239 From Grand or Subordinate bodies must be under seal... 2749 CONCERT: Sacred one on Sunday in theatre or public hall 941 COMPETENCE: Lodge no right to inquire into private affairs 460 Sickness — competence — benefits 460, 461 COMPLAINTS AGAINST LODGES OR DEPUTIES: Grand Master to receive and act upon 2173 Index. 1083 COMPROMISE: Section. Compromise and appeal dismissed 162 Donation to settle accounts 1463 Lodge may appropriate its funds to compromise a finan- cial question 1469, 2795, 2796 CONCERT: Lodge cannot buy tickets for, given to aid Rebekah Lodge 1466 When sacred concert on Sunday is unlawful 941 CONDUCTOR: See Officers; Passwords. CONFLICT OF LAWS: See Decisions. CONSCIENCE: Junior Past Grand — prayer — scruples of conscience 1415 Relief Committee on Sunday^onscientious scruples and fines 2820 CONSOLIDATION OF LODGES: Procedure of Lodges to form one Lodge 942 Prohibited except under special circumstances 942 Can consolidate only under extraordinary circumstances and in extreme cases 942 Policy of Grand Lodge in relation thereto 943 Manner and effect thereof 942 Five members of either Lodge voting against defeats it.. 944 Five members protesting or objecting defeats it 942 Members standing in consolidated Lodge 945 Expelled brother. Lodge consolidation and reinstatement 946 Dispensation required 946 Dismissal Certificate — reinstatement — card 947 Form of warrant therefor prescribed. (Form No. 4) 943 Effect of consolidation — property 04'.) Suspended member before consolidation 949 Reinstatement and Dismissal Certificates 949 Benefits to members 381 Certain Rituals to be returned to Grand Secretary 950 N. G. of Lodge surrendering Charter does not become a P. G., when 951 When such N. G. becomes Past Grand 951 When officers entitled to honors of the office 951 COSTS: No recovery of costs in appeals 176 1084 Index. CONSTITUTION AND LAWS OF SOV. G. LODGE: Section. They are paramount to all laws 952 Duty to Sovereign Grand Lodge 953 When its general laws take effect 954 When amendment to its Constitution takes effect 955 Duty of Grand Master to enforce 956 Subordinate Lodge must obey 957 Are laws of each Lodge 958 Sovereign Grand Lodge Constitution is prefixed to this Digest, page 3. For index to matters contained therein, see Sovereign Grand Lodge. The By-Laws of Sovereign Grand Lodge are prefixed to this Digest, page 17. For index to matters contained therein, see Sovereign Grand Lodge. CONSTITUTION BOOK: See Supplies. CONSTITUTION OF GRAND LODGE: How amended 960 Must be approved by Sovereign Grand Lodge. .. .Note to 960 Or by Grand Sire when Sov. Grand Lodge not in session Note to 960 Approval of Grand Sire subject to approvel of S. G. Lodge Note to 960 Amendments must first be adopted by Grand Lodge Note to 960 Its provisions should be simple, direct and comprehen- sive Note to 960 Sovereign Grand Lodge may direct removal of any uncon- stitutional clause Note to 960 Only be amended as provided in Grand Lodge Consti- tution Note to 960 Revised Constitution, how passed Note to 960 A resolution construing a Constitutional provision Note to 960 What is a two-thirds vote Note to 960 Grand Lodges must furnish Sovereign Grand Lodge copies of their Constitutions Note to 960 When submitting amendments thereto Note to 960 Attested by Seal and Grand Secretary Note to 960 All laws submitted to S. G. L. must be under Seal. Note to 960 Grand Master to enforce its observance 960 Construction of Grand Lodge Constitution by Grand Master 962 Index. 1085 CONSTITUTION OF GRAND LODGK—Continucd. Section. His duty to construe or interpret the same 962 As to an act already committed by his Grand Lodge.... 963 Grand Master no power to set it aside 963 Constitutional provision of Grand Lodge when clearly in conflict with Sov. G. L. Constitution 964 Construction of G. L. Constitution by Grand Sire 965 Questions arising out of Grand Lodge Constitutions 965 It is the law of each Lodge 966 It is prefixed tq this Digest, page 32, and it is also dis- posed under appropriate heads therein. CONSTITUTION OF SUBORDINATES: Framing such Constitution — Sovereign Grand Lodge 968 How changed or amended 969, 970 Doubt as to meaning determined by Grand Lodge 971 Amendment — contrary to Grand Lodge Constitution 972 Grand Master cannot set aside any part 2359 By-Laws contrary to Sub. Lodge Constitution 973 Grand Lodges may enact uniform Constitutions for Sub- ordinate Lodges 974 Grand Master cannot suspend or annul 975 Lodges must have it for signing 976 Persons becoming members must sign 1814, 25 Candidate not a member till he signs it 1257 Cannot delegate power to sign 1815 Degrees when brother has not signed 1906 When not necessary to re-sign 1932,1933 Duty of Grand Secretary to print and sell copies 2203 Dispensation cannot be issued to suspend any part 1199 Nor to annul any part 1 199 Telegraph cipher and key must be printed with it 2828 Printed ones. See Supplies. It is affixed to this Digest, page 938, and is also disposed under appropriate heads therein. CONSTITUTION OF REBEKAH ASSEMBLY: It is affixed to this Digest, page 969. For index to mat- ters contained therein, see Rebekah Branch. CONSTITUTION OP REBEKAH LODGES: It is affixed to this Digest, page 982. For index to mat- ters contained therein, see Rebekah Branch. Duty of Grand Secretary to print and sell 2204 Duty of Grand Secretary as to amendments 2203 Printed ones. See Supplies. 1086 Index. CONTEMPT: Section. Resolution bringing Grand Lodge into contempt not permitted 978 Or calling in question any of its actions 978 Or any retaliatory resolution thereto 978 Penalty for refusing or neglecting to stand trial 979 The Lodge must adjudge the accused guilty 980 Motion to accept or receive the report not equivalent to adopt 980 Cause or excuse for neglect to stand trial 981 Relief from neglect — proof or evidence 981 Refusing to perform official duties 982 Contempt defined 983 Appearing before Trial Committee by counsel Note to 983 Must be intentional refusal or willful neglect 984 Willfully absenting himself to avoid service of notice.. 984 Law concerning must be strictly complied with 985 What proof must show 985 Proof must appear in record 985 Contempt and expulsion rest upon the committee's report 986 Presumption as to report for contempt 987 Action upon report of Trial Committee 988 When absent at adjourned meeting of Trial Committee.. 989 Where accused desires to stand trial 990 Where accused demurs and answers and then absent.... 991 Where accused appears a number of times and then absent 992 Where accused answers the summons and by letter asks a continuance : 993 May appear by counsel 994 Answering the summons by written communication.... 995 Refusing to obey suspended officer 996 Failing to appear to receive reprimand 997 Certain act of Trustees not contempt 998 In case suspended for non-payment of dues 999 Absent through misunderstanding or sickness 1000 Neglecting to answer letters from Lodge Note to 1000 Where accused answers the summons and asks continu- ance 1001 Where accused absent but answers the summons 1002 Duty of Noble Grand 1003 Where defective record on file 1004 Petition from expelled brother 133 Before expelled for contempt must be reported guilty thereof 1005 As to appeals. See Appeals. Index. 1087 CONTEMPTUOUS LANGUAGE: See Oflfenses; Trials. Section. CONTINGENT OR SPECIAL FUND: See Funds; Re- bekah Branch. CONTINUANCE: As to trials. See Trials. As to benefit investigations. See Benefits. As to appeals! See Appeals. CONTRACTS: Lodges not to enforce private contracts 1006 Where no actual fraud appears 1006 As to other matters. See Agreement. As to oflfenses. See Oflfenses. CONVICT: Sec Crime; Membership; Trials. CORPSE: Neglecting to sit up with or furnish a substitute, etc. .2146 (43) CORRESPONDENCE: Committee on Correspondence of Grand Lodge 1007 It is a Regular Committee 1007 Appointed from members present 1007 COSTUMES: Not to be used in public 3361 May use funds for costumes for officers 1453 They are part of current expenses 1453 Degree Team of Sub. Lodge when not to appear in 1152 As to Rebekah Lodges. See Rebekah Branch. COUNSEL: Must be an Odd Fellow in good standing 1009 Claimant in benefit investigations entitled to 1010 Lodge may have counsel to prosecute charges lOll Lodge may employ to prosecute a cause 1012 May authorize benefit investigating committee to employ for Lodge 1013 Oflfensive or disorderly conduct of counsel 3256 Committee's power in the premises 3256 Duty of counsel — right to refuse such employment 1014 Duty of counsel to the Order and its membership 1015 Appearing before committed intoxicated an oflfcnse.... 2144 Any oflfensive or improper conduct an oflfcnse. 'M4 Of party cannot act on Appeal Committee »8 May agree as to facts in benefit investigations ('>U 1088 Index. COUNSEL — Continued. Section. Limiting argument of 3255 Counsel appearing in Grand Lodge 154 No right to debate or speak on penalty 3208 Right to vote on penalty 3209 Noble Grand should not act as 3252 As to other matters. See Trials; Benefits. CREDENTIALS: Committee on Credentials of Grand Lodge and its duties 1016 It is a regular committee 1017 Appointed from members present , 1017 List of representatives and Past Grands to be sent to Grand Secretary 1018 Grand Secretary to provide the blanks 1018 Certificate of service as Noble Grand not conclusive Note to 1018 Credentials must be passed on and elected member admitted Note to 1018 Each representative entitled to a certificate 1019 Proper credentials of a representative 1020 Representatives without proper credentials admitted to Grand Lodge 1021 Past Grands without proper credentials admitted to Grand Lodge 1022 As to committee, in Rebekah Assembly. See Rebekah Branch. CRIME: To commit a crime an offense in Odd Fellowship 1023 One convicted and serving a sentence in the State's prison to be expelled 3073 A convicted person who is pardoned 1774 Lodge cannot use funds for reward for arrest or con- viction 1523,1524 As to offenses. See Offenses; Trials. As to installation. See Installation. As to benefits. See Benefits. CROSS-EXAMINATION : As to charges. See Trials; Appeals. As to benefit investigations. See Benefits. CUBES: Lodge may use, instead of black balls for balloting 282 CUMULATIVE VOTING: No cumulative voting 267 / iNOIX 1089 DANCING: Section. Use of Lodge-room for. . . 1024 Individuals cannot use Lodge-room theretor without permission 1025 No liquors at any entertainment given by Lodge or held in the name of the Order 1709 As to ba^ll. See Ball As to liquors. See Liquors. As to use of funds. See Funds. As to celebration of anniversary. See Anniversary. DAUGHTER: See offenses; Rebekah Branch. Minor daughter nursing her father 2057 DEAD: Se« Corpse; Funeral; Benefits. DEAF: The totally deaf should not be initiated 1789 DEBATE: Who has right to speak in Grand Lodge 1026 Granting privilege in Subordinate Lodge 1027 Right to speak in Subordinate Lodge 1028 Aged Odd Fellows right to speak 21 Sentenced to be reprimanded — right to speak 3199 When counsel no right to speak or debate on penalty.. 3208 As to rules and questions of order. See Order, Rules and Questions of. As to good of the Order. See Good of the Order. DEBTS: Our laws not designed for collection thereof 102t A Lodge cannot enforce collection Note to 1029 Lodge may sell its property to pay its debts 2588 Lodge cannot donate to pay claim against deceased brother 1508 Brother or officer cannot pay himself from Lodge fund without Lodge's action 1520 One who owes Lodge borrowed money may.be elected to office 2290 Indebted to Lodge for borrowed money cannot be elected Treasurer 2291 Ability to collect debts, etc. — benefits S31 As to offenses. See Offenses. DECEIT: See Offenses. 1090 Index. DECISIONS: Section. Decisions and laws of Sovereign Grand Lodge the high- est authority 1030 Conflicting laws must yield 1030 A decision of Sovereign Grand Lodge not in White's Digest Note to 1030 White's Digest is a mere compilation Note to 1030 A decision of Grand Sire approved, but new law enacted at same session 1030 Duty of Grand Representative to communicate decisions of Sovereign Grand Lodge 1031 Decision of Grand Lodge binding 1032 Grand Lodge decision affects all cases under the law 1033 Rulings and instructions of Grand Master 1034 Tie vote on approving Grand Master's decision. .Note to 1034 District Deputy Grand Master's decision 1035 Decisions should correctly interpret the law 1036 Sovereign Grand Lodge and Grand Lodge decisions are laws of Subordinate Lodge 1037 Grand Lodge recommends Grand Master's decisions be published .- 2181 When Grand Master's duty to refer inquirer to Digest.. 2182 Decisions of Grand Master and his annual report. 2181, 2182 When Grand Master to require Lodge to comply with Sovereign Grand Lodge decision . . . 2192 Grand Master and decisions of President of Rebekah Assembly 2185 As to Rebekah Lodges. See Rebekah Branch. DECORATION: See Chairs. DEDICATION: Sovereign Grand Lodge's form must be used, if any 1038 Lodge may meet in a new hall pending dedication 2792 As to Odd Fellows' Hall. See Odd Fellows' Hall. DEEDS: Where Lodge desires to buy land, in whose name made.. 2585 A corporation recommended 2585 To hold in trust. See Trustees. DEFAMATION: See Offenses; Character. DEFENDANT: See Trials. DEFENSE: No one should be deprived of his rights without oppor- tunity to explain, assert or defend them 1039 Index. 1091 DEFENSE— CoM/inNrt .. 1240 What third district consists of . . 1240 What fourth district consists of 1240 Grand Masters to alternate in their official visits in the respective districts 1240 Where Grand Master cannot reach all parts of his district 1240 1104 Index. DISTRICTS— Continued. Section. May appoint an elective Grand Officer to perform his duty 1240 Expenses of such appointee, how paid 1240 Traveling expenses of Grand Officers when making visits 1240 Grand Lodge's recommendation 1240 Grand Master requested to visit those Lodges not visited by predecessor 2198 DISTRICT DEPUTY GRAND MASTERS: See Officers of Grand Lodge. As to Rebekah Lodges. See Rebekah Branch. As to Honors of the Order. See Honors of the Order. DISTRICT DEPUTY GRAND SIRE: See Sovereign Grand Lodge. DIVERSION OF FUNDS: See Funds. Prohibited Note to 1437 DIVISION: As to voting. See Ballot and Voting. As to funds. See Funds. Of funds prohibited Note to 1437 DIVORCE: Widow of Odd Fellow re-marries and is divorced, is not restored to widowhood 711 As to Rebekah membership. See Rebekah Branch. DOCTOR: See Physician. DONATIONS: Name of recipient cannot be concealed 1241 Right of Lodge and members to know name of recipient. . 1241 When name concealed, Lodge no right to make donation 1241 Reimbursement of unauthorized donation 1242 Donation not assignable 425 Donation is not a benefit 436 Donation and mistake as to brother's standing 474 In arrears — sick — donation of dues — benefits 491 As to what donations Lodge funds may be appropriated or not. See Funds. As to cancelling draft for. See Draft. As to property of Lodge. See Property of Lodge. As to dues. See Dues. DRAFT: Returned draft may be cancelled 1243 When a draft drawn for a donation may be cancelled 1244 Index. 1105 DRAFT— ConliniKtl. Section. May be cancelled for fraud or mistake 1245 And for other grounds 1245 Drafts must be made by vote 1246 Drafts for benefits and questions of order 439 Noble Grand's duty to sign on Treasurer 2356 When may refuse to sign 2357, 2358 DRILLS: See Prize Drills; Exhibition Drills. DRUGGIST: When and when not eligible to membership 1749, 1750 DRUMMER: Drummer for wholesale liquor house is eligible to mem- bership 1745 DRUNKENNESS: As to oflFcnscs. See Offenses. As to habitual drunkenness. See Habitual Drunkenness. As to evidence, charges and trials. See Trials. As to fines. See Fines. DUEL: See Offenses. DUES: Page 1. Generally 1105 2. . Arrears 1108 3. Suspension for non-payment 1109 4. Reinstatement and Re-admission. See Membership. 1. Generally. Payable weekly in advance ■. 1247 Minimum dues 1247 Maximum dues of non-beneficial members 1247 Grand Lodges may prescribe minimum dues.... Note to 1247 Lodge may adopt higher dues Note to 1247 Payments by member to Lodge, how applied 1248 Applied to his general account, unless otherwise directed by him 1248 Applied to dues, assessments and fines, in the order in which they become due, unless 1248 This not applicable to fines imposed in case of charges.. 1248 Payment of dues a fundamental principle 1249 Which no Grand or Subordinate Lodge can dispense with or evade 1249.126? Lodge cannot remit dues 1250. 1251 70 1106 Index. BUBS— Continued. Section. Lodge caanot draw money from its treasury to pay dues for any class of members 1251 An illegal resolution 1251 Illegal to provide that if any members enlist in the Spanish-American War their dues will be paid by the Lodge until their return home 1151 The same as to assessments 1151 Lodge may, however, do so out of its contingent five per cent fund 1151 Donation of dues illegal 1152 To be placed to credit of member to make him in good standing ..•,;.. 1152 To make member in good standing who is liable to sus- pension for non-payment............ 1152 It is a transfer of funds to a brother's credit 1152 It is an illegal use of Lodge funds 1152 When Lodge can make a donation 1253 When member is poor and unable to make a living 1253 In such case member can dispose of the money donated as he sees fit 1253 When cannot give members credit on account of dues.. 1254 Cannot give them such credit for attending Lodge meetings 1254 It is a diversion of Lodge funds 1254 What are weekly dues 1255 Dues payable in advance 1256 By-Laws can attach no penalty until at least thirteen weeks in arrears 1256 Not chargeable till Constitution signed 1257 Candidate not a member until he signs it 1257 Nor entitled to rights, privileges or benefits 1257 When credit is to be made for payment 1258 Standing dates from payment 1258 Payment to Lodge officer authorized to receive it 1259 Indebtedness satisfied when so paid 1259 When payment to officer is payment to Lodge 1260 May be paid to officer between meetings 1261 Payment takes effect when so paid 1261 When payment to be credited 1262 Dues must be paid to proper officer 1263 When payment to Treasurer is not payment to Lodge.. 1263 What constitutes valid payment 1264 Grand Lodge refused to exempt D. D. G. M. from dues.. 1265 Brother's right to pay at any time 1266 Secretary's duty to accept whenever tendered 1266 Index. 1107 DUES — Continued. Section. Secretary to accept payment and receipt therefor 1266 Lodge cannot refuse to receive in full or in part prior to suspension Note to 1266 Where Lodge indebted to brother who owes dues 1267 Grand or Subordinate Lodge cannot dispense with pay- ment of dues 1267 Compensation due for salaried office must be paid to a brother 1267 Compensation for services performed must be paid to a brother 1267 For such compensation, orders must be drawn in his favor 1267 When he has the order he may draw the money from the treasury 1267 When he has drawn the money he can use it in paying his dues 1267 Or he can use it for his own purposes 1267 He can decline to appropriate it to pay his dues 1267 When sick brother entitled to sick benefits the Lodge should pay his dues therefrom 1267 Sick brother entitled to benefits cannot become delinquent while sick 1267 When Lodge is indebted to a brother for work and labor it cannot, without his authority or consent or against his wishes, apply the indebtedness or any part to his dues 1267 Receipt prima facie evidence money paid 1268 Not binding on Lodge or brother if mistake made 1268 Opportunity should be given for correction 1268 How a brother's standing is governed by receipt 1269 Books of the Lodge must govern 1269 Effect of receipt stating brother paid to a certain date. . 1269 Such receipt holds good till brother informed of mistake and opportunity afforded for correction 1269 Cannot charge dues after brother suspended for non- payment 1270 No dues can be charged from suspension for non-pay- ment till reinstatement 1271 When Secretary fails to charge dues, may be corrected... 1272 Lodge must accept pending appeal from expulsion 1273 Dues do not accrue during expulsion 1274 Dues cease upon expulsion and commence on reinstate- ment 1275 Appeal to Sovereign Grand Lodge — expelled member restored 1276 1108 Index. DUES — Continued. Section. Dues accrue during suspension for cause 1277 Lodge hold its members undergoing punishment respon- sible for dues Note to 1277 Dues paid in advance refunded when 1278 Dues paid in advance refunded in case of expulsion 1279 Dues paid during expulsion — no appeal in regard to such dues 95 When Secretary embezzles brother's dues 484 Dues increased by amendment of By-Laws — Receipt taken 1280 Receipt dues paid in advance to a certain date, rate in- creased by amended By-Laws, must pay increase 1280 Dues in case of Withdrawal Card 1281 Card given and afterwards dues increased 1282 Transfer of membership by card 1283 Brother elected should pay his dues to his former Lodge till he has procured his Withdrawal Card therefrom.. 1283 Dues sent by registered letter 1284 Postmaster not agent of Lodge 1284 No payment till received by Secretary 1284 Non-contributing members 1951 Inmate of Odd Fellows' Home pays no dues.. 1286 No weekly dues accrue against such inmate Note to 1286 Such inmate remains in good standing without payment of dues .' Note to 1286 Suspended inmate of Odd Fellows' Home and dues.. 2083, 2084 As to dues of Aged Odd Fellows. See Aged Odd Fellows. As to Rebekah Lodges. See Rebekah Branch. 2. Arrears. Fines and assessments cannot be added to dues 1287 They are to be considered separately 1287 Delinquency depends on length of time, not amount 1288 If brother neglect to pay one week's dues for more than thirteen weeks he would be thirteen weeks in arrears 1288 When delinquency commences 1289 If member do not pay at end of week he is delinquent for that week, and so on when thirteen weeks in arrears 1289, 1290, 1291 A certain By-Law construed 1291 Thirteen weeks in arrears — last day thereof 1292 When six months in arrears 1293 When twenty-six weeks in arrears 1294 When 24 months in arrears Lodge may collect the 24 months' dues 1295 As to Rebekah Lodge. See Rebekah Branch. Index. 1109 DUES — Continued. Section. 3. Suspension for Non-Payment of Dues. Time and manner of suspending for non-payment of dues or demands 1296 Cannot be expelled on account of arrears for dues....Note to 1296 When brother ceases membership 1100 Veteran over sixty years of age 1297 And contributing for twenty-five consecutive years 1297 Cannot be suspended for non-payment of dues 1297 Must be retained as non-beneficial member 1297 Entitled to password 1297 And all privileges except benefits 1297 Lodge pays no per capita tax on them 1297 They may be reinstated ' 1297 They are now called non-contributing members 1951, 1952 Meaning of twenty-five consecutive years Note to 1297 When brother ceases membership 1298 Suspension for fines 1299 Cannot be suspended for, while charges pending against him 1300 Time, not the amount of arrears governs 1301 Time must be regarded and not the amount Note to 1301 Cannot refuse to receive dues in full or in part 1302 Failure to deduct dues from benefits 1303 Insane brother cannot cease membership for non-payment of dues 1304, 1305 Insane and not entitled to benefits 1305 A brother suspended for cause may be suspended for non- payment of dues 1306, 1307 Dues and assessments accrue during suspension for cause 1307 Expelled and an appeal sustained 1308 Suspension for non-payment of dues not to be published in Journal 1309 When first announcement of arrears to be made 1310 Vice-Grand and suspension for non-payment of dues.... 1311 As to Rebekah Lodges. See Rebekah Branch. As to good standing. See Good Standing. DUMB: The totally dumb should not be initiated into the Order.. 1789 DYING DECLARATIONS: See Trials. EDUCATION: Lodge may provide for widows' and orphans' and edu- cational fund 1312 When Lodge may refuse to furnish funds for 1313 1110 Index. EDUCATION— CoHfmued. Section. As to funds. See Founds. As to membership. See Membership. As to visiting Lodges. See Visiting and Visitors. EFFECTS: See Charter; Funds; Property of Lodge; Appeals. ELECTION: Brothers admitted to Lodge during election of officers or representatives 14 When officers not elected 163G District Deputy Grand Master may cause election and install 1636 Election prior to time fixed by Constitution void 2300 As to officers. See Officers; Ballot and Voting. As to Grand Representatives. See Officers. As to election of applicant for membership. See Mem- bership. As to election to Degrees. See Degrees. As to representatives. See Representatives. As to trustees. See Trustees. As to Rebekah Lodges and Assembly. See Rebekah Branch. As to installation. See Installation. ELECTIONEERING: By candidates for office in Grand Lodge disapproved 2168 Electioneering in Grand Lodge not permitted 2169 Distribution of election cards — solicitation of votes not permitted 2169 Similar electioneering practices • not permitted 2169 Electioneering circulars and papers 2170 Donations to pay electioneering expenses 1507 Grand Lodge's power to prohibit electioneering 2171 ELECTRIC RAILWAY: See Railroad. Illegal to vote funds to help build 1450 EMBEZZLEMENT: See Offenses; Trials. EMBLEMS: Grand and Subordinate Lodges not responsible for cer- tain corporations or associations 1314 Not responsible for corporations or associations that use the name of the Order 1314 Grand Secretary to publish certain resolutions to the above effect 1314 Index 1111 EMBLEMS — Continued. Section. Emblems and name of the Order cannot be used for business purposes, etc 1315 Not to be used on business card or sign 1315 No member to become or continue an officer or member of such corporation or association 1315 Such member may be suspended or expelled 1315 Not to apply to Odd Fellows' libraries, hall or cemetery association 1315 Use of emblems and name prohibited 1316 Grand Lodge disclaims all responsibility. 131G A savings bank should not use the name of the Order 1317 Illegal to use the name. Odd Fellows' band 1318 Building and loan associations not to use the emblems, initials, etc 1319 Emblems, name, titles, mottoes and initials of the Order not to be used in private business 1320 Nor in advertisements 1 320 Use of All-Seeing Eye on business envelope illegal.... 1361 Use of "three links" on business envelope illegal 1321 The "three links," the words Friendship, Love and Truth and the initials "F. L. & T." 1322 Adopted as emblems and badges of the Order 1322 The use of the words "Odd Fellows" is the use of the "name" of the Order 1323 In meaning of laws forbidding its use 1323 Use of one's name as member or officer of Lodge in private business or enterprise 1324 As to anniversary. See Anniversary. ENCAMPMENT: Certain resolutions not in order in Grand Lodge 1325 Grand Lodge cannot require any of its members to have the Encampment Degrees 1326 Certificate of standing to join Encampment 1327 No vote necessary for such certificate 1328 Duty of Recording Secretary 1328 Encampment conducting funeral 1548 Grand Encampment conducting funeral 1549 OflFense in Encampment 2105 Grand Representative must be a Past Grand and of the Royal Purple Degree 1329 Must be a member in good standing of an Encampment in good standing Note to 1329 Witness before Encampment Trial Committee 1330 Encampment cannot visit a Lodge as a body in regalia 1331. 2383 1112 Index. ENCAMPMENT— CoM/iwwed. Section. Representative in General Relief Committee 2652 Use of Lodge funds to entertain Grand Encampment 1486 As to Encampment member and voting. See Ballot and Voting. As to funeral. See Funeral. ENDOWMENT: Must be by voluntary contributions 1332 Grand Lodge may establish widows' and orphans' endow- ments and funeral benefit associations 1332 But they must be by voluntary contributions 1332 Cannot make forced assessments for such object 1332 Such schemes cannot be made compulsory 1332 ENGLISH LANGUAGE: As to appeals. See Appeals; As to District Deputy Grand Master. See District Deputy Grand Master, under head of Officers. As to districts. See Districts. As to installation. See Installation. As to membership. See Membership. As to German Lodges. See German Lodges. As to initiation. See Initiation. As to passwords. See Passwords. ENTERTAINMENT: No liquors at, given by Lodge or held in name of the Order 1709 How fund for, may be created by donation 1530, 1529 As to use of funds. See Funds. As to dispensations. See Dispensations. As to anniversary of our Order. See Anniversary. As to liquors. See Liquors. As to Rebekah Lodges. See Rebekah Branch. ENVELOPE: See Business Envelope. EPIDEMIC: Lodge may hire physician 2572 ERRORS: As to trial of charges. See Trials. As to benefit investigations. See Benefits. As to appeals. See Appeals. EVIDENCE: As to trial of charges. See Trials. As to benefit investigations. See Benefits. As to appeals. See Appeals. Index. 1113 EXCEPTIONS: Sectioa As to exceptions or Bill of Exceptions in the matter of charges. See Trials; Forms. As to exceptions or Bill of Exceptions in benefit investi- gations. See Benefits. As to exceptions on appeal. See Appeals. EXCURSION: As to dispensation. See Dispensation. As to use of funds. See Funds. As to anniversary of our Order. See Anniversary. As to liquors. See Liquors. EXECUTORS AND ADMINISTRATORS: Benefits not payable to 423 When Lodge not bound to pay benefits Note to 423 Benefits, sick or funeral, not payable to executor or administrator 425 Executors and administrators will not be recognized 426 Allowance to pay burial not payable to them 426 Funeral expenses, relief or donation not payable to them 426 Aid, assistance or allowance not payable to them 426 EXEMPLIFICATION OF DEGREES OR WORK: Grand Lodge may provide for in Scarlet Degree 743 Grand Lodge will not pay any Lodge, individual or team for. 1584 As to Rebekah Lodges. See Rebekah Branch. EXHIBITION DRILL: See Rebekah Branch; Prize Drill. EX-PARTE COMMUNICATIONS: See Appeals. They are not appeals 126, 182, 183 Grand Lodge will not consider 126, 127, 129 EX-PARTE STATEMENT: See Appeals. Grand Lodge will not consider 1335, 128, 181 Actions of Lodge not passed upon or reviewed by Grand Lodge on ex-parte statements 1335, 122 Ex-parte statements not received as evidence 600 EXPERTS: Lodge may appoint to examine its books 1336 EXPULSION: Benefits during illegal expulsion 459 Publication of, discountenanced 2091 1114 Index. EXPULSIOli— Continued. Section. Notice of shall forthwith be forwarded to every Lodge in the county 1337 Also to Subordinate of which he was a member 1337 Also to Rebekah Lodge of which he was a member 1337 Also to Grand Secretary 1337 Petition from expelled brother 134 Expelled member and appeal 1338 As to entry in Black Book. See Black Book. As to penalty upon conviction upon charges. See Trials. As to reinstatement after expulsion. See Membership; Dis- pensation. As to dues. See Dues,' As to contempt. See Contempt. As to benefits. See Benefits. As to Grand Lodge. See Grand Lodge. As to Subordinate Lodge. See Subordinate Lodge. As to Degree Lodge. See Degree Lodge. As to charter. See Charter. As to appeal. See Admission to One's Own Lodge; Appeals. As to reinstatement. See Membership. EXTINCT LODGE: No member shall be concerned in organizing any extinct Lodge of Odd Fellows 1339 Members of defunct Lodge may obtain Dismissal Certificates. 1171 Members of extinct Lodge may obtain Withdrawal Cards. 806, 807 Failure of Lodge to make returns within one year 2682 Grand Master no power to dispose of property of 2193 As to charter. See Charter. As to membership. See Membership. As to cards. See Cards and Certificates. As to Visiting Lodge. See Visiting and Visitors. As to passwords. See Passwords. EXTRAORDINARY ASSESSMENTS: See Assessments. EYE: See Membership; Benefits; Business Envelope. F. L. & T.: These initials are adopted emblems and badges of the Order. . 1322 FALSEHOOD: See Oflfenses. FALSE PRETENCES: See Offenses. FALSE REPRESENTATIONS TO GAIN ADMISSION: See Offenses. Index. 1115 FAMILY: Section. As to family secrets. See Secrets. As to benefits and funeral benefits and expenses. See Benefits. As to offenses against. See Offenses. FARM: Donation to pay expenses 1507 FEES: Initiation, admission and degree fees 1340 No card or admission fee on transfer of membership by card . .• 1340, 1341 Applicant must bring himself within transfer of membership by card law or pay fee 1343 Local law conflicting with new law of transfer of membership by card 1343 Fees and increased fees for age not to be paid in such cases. 1343 When certain fees should be returned 1344 Admission fee — Card — Certificate 1345 An illegal By-Law 1346 When reinstated after expulsion 1347 Suspended for non-payment of dues and reinstated within one year 1348 Suspended for non-payment of dues and reinstated more than one year thereafter 1349 Lodge may reduce or increase by amending By-Laws 1350 May change amount by amending By-Laws 1351 Minimum fees 1351 Cannot admit member for less than minimum fees by dis- pensation 1351 Charter member— Holder of Withdrawal Card 1352 Fees of charter members 1351, 892 Lodge cannot open charter 1351 Should charge fees provided in By-Laws 1351 Organization of new Lodge 1351 Liability of charter members — By-Laws 1353 New law of transfer of membership by card — Charter mem- bers 1354 Increased fees for age — Prohibitory law 1355 Initiation fee of five hundred dollars 1355 There can be no maximum age limit established by Subordi- nates 1355 Cannot make By-Law to exclude aged persons 1355 No discrimination against aged applicants 1356 Fees for aged applicants must be reasonable 1356 1116 Index. FEES — Continued. Section. By-Laws at time of application for degree govern 1357 Forfeiture of fees disapproved 1358 All By-Laws providing for forfeiture of fees annulled 1358 A fee paid for a degree cannot be appropriated for dues Note to 1358 Money paid for degree, and brother suspended Note to 1358 Fee for medical examination may be retained 1359 Minimum fees for initiation and degrees must be paid 1360 Minimum fees 1361 When fees should be returned 1362 When candidate dies, fee should be returned 1363 No part of minimum fee can be returned when candidate elected and initiated 1364 When Lodges cannot charge fee for services 1365 Fees if initiate resides near another Lodge 1366 Return to Lodge from whose jurisdiction taken. 1366 Effect of failure to pay initiation fee 1367 Admitted for less than is due by error, balance should be xdiarged against him 1368 Receipt and disposition of initiation fee . . 1369 When paid to Recording Secretary 1369 When paid to Financial Secretary 1369 When candidate rejected '. 1369 Initiatory fees prior to candidate's election 1370 When to be paid to Treasurer 1370 When to be reported 1370 Degree fees prior to applicant's election 1371 When to be entered upon the record 1371 When to be reported 1371 When to be paid to Treasurer 1371 Fees when candidate elected 1372 Paid to Treasurer and reported . 1372 When property of Lodge 1372 Receipts for the evening 1370, 1371, 1372 By-Laws and disposition of fees 1373 Fees for degrees — Grand Lodge's control 1374 As to fees for charter. See Charter; Supplies. As to fees of Aged Odd Fellows. See Aged Odd Fellows. As to Rebekah Lodges. See Rebekah Branch. As to dispensations. See Dispensations. FEIGNING SICKNESS: See Offenses. FENCE: May use funds to construct, around burial ground 866 Assessment for such fence 207 Index. 1117 FINANCES AND FINANCE COMMITTEES: Section. Committee on Finance of Grand Lodge 1375 It is a regular committee 1375 Appointed from members present at Grand Lodge session... 1375 Committee on Finance — Appointment and duties 1376 Claims against Grand Lodge 1376 Claims against Odd Fellows' Home Fund 1376 To examine accounts of Grand Secretary, Grand Treasurer, Trustees and Trustees of Odd Fellows' Home 1376 Demands against Grand Lodge approved by Finance Com- mittee 1377 When so approved, Grand Master orders Grand Treasurer to pay same 1377 Bank In which Grand Treasurer shall deposit moneys 1378 Finance Committee designates in writing the bank 1378 It has power to change the bank 1378 Inspection and examination of accounts, books, funds, etc., by Finance Committee 1379 Duty of Finance Committee in regard to Trustees 1380 Grand Lodge Trustees to count the money and examine books, etc 1381 Finance Committee to ascertain deficiency, and assessments. . 1382 Estimated expenses of Grand Lodge 1382 Estimated expenses of Odd Fellows' Home 1382 No per capita tax on non-contributing members 193 Majority of Finance Committee must be residents of same place as Grand Secretary 1383 No appropriation after Finance Committee's report adopted. . 1384 Chairman of Finance Committee and Lodge's accounts, etc 2800, 2801 Noble Grand shall appoint a Finance Committee for the term. 1385 Appointed on evening of installation 1385 Resignation of member and filling vacancy 1386 Cannot be Trustee and member of Finance Committee 3281 Duties and powers of Lodge's Finance Committee 1387 Effect of appointing new Finance Committee 1388 Duty of old Finance Committee — Fine 1388 Duty to examine all bills, etc 1389 This includes rent, salaries, etc 1389 Lodge's power over its financial affairs a delicate and sacred prerogative 1390 Powers of Grand Lodge 1390 Lodge expenditures and power of Grand Lodge 1391 Finance Committee may vote on its own report 359 As to Committee in Rebekah Assembly and Lodges. See Rebekah Branch. 1118 Index. FINANCIAL SECRETARY: See Officers. Section. FINDINGS: Bill of Exceptions cannot be used for purpose of Findings of Fact 3107 FINES: See Trials. Good standing and when thirteen weeks in arrears 1393 Neglect to pay for thirteen weeks in arrears 1393 Dues, fines and assessments not taken collectively 1393 Delinquency depends upon length of time delinquent and not amount 1393 Payments, how applied 1394 Applied on his general account unless otherwise directed 1394 Applied to dues, assessments and fines in the order in which they become due 1394 This not applicable to fines in cases of charges 1394 Fines and penalties must be prescribed by the By-Laws 1395 A Rule of Order prescribing a fine is void 1395 Investigating Committee and no By-Law prescribing a fine.. 1396 Fines in cases of charges. See Trials. Committee on condolence and fine 1397 Members of Visiting Committee and fine 1398 Neglect to visit each sick brother is a separate offense 1398 Member of Finance Committee 1399 Absence from a committee on Sunday 1400 Cannot impose fine for such absence 1400 Cannot fine for absence frorn General Relief Committee on Sunday 1400 Remission of certain fines in Lodge's discretion 1401 Refusing to sit up with a sick brother 1402 Absence of officers, fines may be remitted, when 1403 Physician who is an officer of a Lodge and fine 1404 Officer who has resigned cannot be fined » 1405 Appointed officers absent and fine 1406 Officers absent and no quorum and fine : 1407 Absence at roll call — Ante-room 1408 When Lodge declared open, cannot refuse to admit officers who are in the ante-room 1408 Absent at roll call, but in Lodge thereafter 1409 Roll call and in ante-room 1410 Absence and roll call 1411 Absence from county — Excuse 1412 Officer in county, but on his way home 1412 Absence of members from Lodge and fine 14J.4 Spirit of our Order forbids fines upon members, not officers, for absence from Lodge 1414 Index. 1119 FINES — Continued. Section. Cannot make it obligatory for Junior Past Grand to perform duties of Chaplain 1415 Cannot fine Junior Past Grand for declining to perform duty of Chaplain 1415 Cannot fine Junior Past Grand for absence 1416 Cannot require prayer at opening and closing Lodge under penalties 1417 Absence from city as an excuse and funeral 1418 Police or civil officer and funeral 1419 Funeral of a brother of another Lodge 1420 Where Lodge has not charge of funeral 1421 Intemperance of deceased no excuse for absence from funeral. 1422 A brother leaving the city on day of funeral 1423 Absence of Grand Juror from funeral 1424 Fines for absence at funerals 1425 Fines must be paid although funeral irregular 1426 Insufficient notice of funeral 1427 When funeral begins and ends 1428 Special preliminary and subsequent meetings in case of funerals 1428 Attendance at court 1429 Absence from city 1429 Funeral dues are fines or assessments on account of death or funeral 1430 Lodge only may excuse Noble Grand for absence 1431 Vice-Grand cannot 1431 Noble Grand orders officer fined — Appeal to Lodge 340 As to fines in case of charges. See Trials. As to fines in case of reinstatement and readmission. See Membership. FIREMEN: See Name of Lodge. FISCAL YEAR: Of Grand Lodge commences April 1st and ends March 31st.. 1432 Grand Treasurer to close his accounts March 31st, annually. . 1433 FLAG: Odd Fellows' flag 1494 Of what to be composed and how made 1434 What letters and name to be on it 1434 Lodge may purchase an American flag 1435 Flag on Odd Fellows* graves on Memorial Day 1436 FLOOR WORK: See Work of the Order. 1120 Index. FLOWERS: Section. Lodges may use General Fund for, for sick or deceased mem- bers 1477 May also use Contingent Fund 1478 Allowance for funeral expenses and floral decorations 679 FOOT RACES. See Funds. Lodge cannot appropriate its funds for 1489 FOREIGN SOVEREIGNTIES: See International Relations. FORFEITURE: As to charter. See Charter. As to fees. See Fees. As to benefits. See Benefits. FORMS: The forms are numbered and precede this Index, page 1001. Petition for Warrant for Subordinate Lodge with Directions and Instructions relative thereto, Form No. 1 and Form No. 2, page 1001. Petition for Warrant for a Rebekah Lodge, with Directions and Instructions relative thereto, Form No. 3, page 1004. Warrant for Consolidating Lodges, Form No. 4, page 1005. Actions by Lodges on Consolidation and Certificates, Form No. 5 and Form No. 6, pages 1006, 1007. Dispensation from District Deputy Grand Master, Form No. 7, page 1008. Certificate or Application for Admission of a brother to Odd Fellows' Home, Form No. 8, page 1008. Medical Certificate for Admission to Odd Fellows' Home, Form No. 9, page 1009. Certificate or Application for Admission of a Widow to Odd Fellows' Home, Form No. 10, page 1010. Application for Admission to the I. O. O. F. Orphans* Home, and Examining Physician's Certificate, Form No. 11, pages 1011, 1012. Certificate of Deceased Father's Standing, and Physi- cian's Certificate, Fori¥l No. 12, page 1013. Certificate of Deceased Mother's Standing, and Physi- cian's Certificate, Form No. 13, page 1014. Certificate of Life Membership in Odd Fellows' Home, Form No. 14, page 1014. Order for Semi-Annual Password, Form No. 15, page 1015. Order for Annual Traveling Password, Form No, 16, page 1015. Index. 1121 FORMS — Continued. Section. Order for Semi-Annual Password for Rebekah Lodges, Form No. 17, page 1016. Order for Annual Password used as a Traveling Pass- word, Form No. 18, page 1016. Physician's Certificate of Examination of Candidate for Membership, Form No. 19, page 1017. Bond of Trustees of Subordinate Lodge, Form No. 20, page 1018. Bond of Treasurer of Subordinate Lodge, Form No. 21, page 1019. Charges, Form No. 22, page 1020. Summons, Form No. 23, page 1020. Certificate of Service of Summons, Form No. 24, page 1021. Admission of Service of Summons, Form No. 25, page 1021. Subpoena, Form No. 26, page 1021. Certificate of Service of Subpoena, Form No. 27, page 1022. Acceptance of Service of Subpoena, Form No. 28, page 1022. Report of Trial Committee, Form No. 29, page 1022, Notice of Filing Report of Trial Committee, Form No. 30, page 1023. Certificate of Service of Notice of Filing Report, Form No. 31, page 1023. Bill of Exceptions, Form No. 32, page 1023. Notice of Appeal, Form No. 33, page 1024. Grand Secretary to furnish to Lodge blank Financial Secretaries' reports 2206 To furnish to Lodges blank bonds for officers 2207 To furnish printed forms in matter of charges 2208 Charges, summons, subpoenas, reports of Trial Com- mittees ._^ 2208 Notices of filing reports. Bills of Exceptions, notices of appeal 2208 To furnish forms of certificates for Past Grands and Representatives 2210 FRAMES: May use funds for frames for charters and pictures 1448 FRATERNAL PRESS: See Newspapers. FRAUD: As to oflfenses. See Offenses; Trials. As to benefits. Sec Benefits. As to initiation and membership. See Membership. As to relief. See Relief and Relief Committees. 71 1122 Index. FRIENDSHIP, LOVE AND TRUTH: Section. These words are adopted emblems and badges of the Order 1322 FUNDS AND PROPERTY: Lodge funds and property are a trust fund 1437 Devoted solely to the charitable uses of the L O, O. P.. 1437 And legitimate expenditures for Lodge purposes 1437 And for advancement of interests of Lodge and Order... 1437 And the uses and purposes mentioned in Section 2, Article IX, Constitution of Subordinates 1437 Cannot be divided among the members 1437 All attempts to divert them or appropriate them to other objects or purposes, illegal Note to 1437 And in violation of the trust Note to 1437 When Lodge discontinues., etc., must be delivered up to and paid over to Grand Lodge Note to 1437 Treasurer or Trustee cannot borrow or use 1438 Treasurer or Tustee cannot become surety for the same. 1438 Shall not be loaned to a member of the Lodge 1439 Shall not be diverted from their uses Note to 1439 Shall not be loaned without ample security Note to 1439 Shall not be loaned without reasonable interest. .Note to 1439 Lodge may loan or make terms of investment subject to general or local law restrictions Note to 1439 Secured or unsecured loan 1440 When can loan to wife of member 1441 Officers having care of, must give bonds, with sureties. 1442 Lodge may provide for accepting guarantee of incor- porated security company 1443 In case of surrender or forfeiture of charter 1443 How Trustees to keep funds invested 1444 Two-thirds vote to approve same 1444 Or may deposit the same in savings bank 1444 Other securities do not include a promissory note 1445 Lodge may invest surplus funds in stock 1446 In loan and trust company, or other moneyed enterprise. 1446 May buy stock in Odd Fellows' Hall Association 1447 Although used for other than Odd Fellow purposes 1447 May purchase real estate 1448 May build halls 1448 May buy costly frames for charters and pictures 1448 May buy albums for same purpose 1448 And many other such articles 1448 Building of road to Lodge's hall 1449 Cannot donate, to help build electric railway 1450 Cannot donate a bonus to build a railroad 1451 Index. 1123 FUNDS AND PROPERTY— Con finwedl. Section. For services rendered or materials furnished 1452 Purchase of robes and costumes of officers are current expenses 1453 May donate to brothers in ill health 1454 May donate to assist new Lodges 1455 May donate to member in arrears 1456 May assist a brother in distress 1457 May donate to extricate a brother from a difficulty 1457 May donate to widow of deceased brother who was not in good standing 1458 May donate to relieve members not in good standing... 1459 May donate to aid children of deceased brother who was in arrears 1460 Orphans of Odd Fellows when not objects of charity... 1461 May use its funds to compromise a financial question.. 1462, 2795, 2796 May donate to a brother to settle his accounts 1463 Donations and dues 1249 to 1253 Donation to a Canton — expenses of institution 1464 May donate to assist Rebekah Lodge 1465 Also to aid Rebekah Lodge to buy paraphernalia 1466 But cannot buy tickets for concert or ball 1466 To raise funds for that purpose 1466 May donate to assist a Rebekah 1467 May donate to relieve wife of member of another Lodge.. 1468 Loss of funds in bank and Treasurer 1469 Lodge's control to release Treasurer 1469 May buy Veteran and Honorable Veteran Jewels for members 1470 Cannot use funds for jewel for member except 1471 The Contingent or Special five per cent fund 1472 May by By-Laws provide for such fund 1472 May be used in paying necessary and proper obligations not included in Sectfon 1, Article IX, Constitution of Subordinates 1472 Grand Lodges may permit Subordinate and Rebekah Lodges to set aside five per cent, of their receipts for dues as a Contingent Fund Note to 1472 From Contingent Fund may pay necessary and proper obligations which Lodges cannot under existing laws Note to 1472 Money from General Fund to Contingent Fund 1473 Cannot be so drawn till end of term 1473 Lodge cannot borrow from Contingent for General Fund. 1474 Cannot loan moneys of Special or Contingent Fund 1474 1124 Index. FUNDS AND PROPERTY— Continued. Section. Lodge may transfer from Contingent Fund to General Fund 1474 Contingent or Special five per cent, fund is a separate fund 1475 Lodge may have such Contingent or Special Fund to use for parties, entertainments, suppers, etc 1476 Cannot use General Fund for such purposes 1476 May expend from General Fund for flowers for sick or deceased members 1477 Contingent Fund cannot be used for pleasure excursions. 1478 Or the mere gratification of individual members 1478 Contingent Fund for flowers and music at funerals 1478 And the necessary railway or carriage expenses of bearers or members at funerals 1478 And for speakers to instruct in tenets of Order 1478 Contingent may be used for suppers attended by mem- bers 1479 And for anniversary of the Order, with banquet and en- tertainment 1480 Lodge without the Contingent Fund cannot use funds for cigars 1481 Cannot spend for dishes unless By-Laws provide Con- tingent Fund 1482 Cannot use funds for supper or banquet on installation night in absence of Contingent Fund 1483 Cannot spend for socials, reunions, banquets and sup- pers, except from Contingent Fund 1484 Supper for Grand Master — Contingent Fund — General Fund 14S.5 Calling a fund "a special fund" does not make it such 1485 To entertain Grand Lodge or Grand Encampment — Con- tingent Fund — General Fund 1486 Refreshments, transportation, music, balls and other amusements 1487 Dinners and refreshments 1488 Foot races, bicycle races and candy 1489 Social entertainment and banquet 1490 Supper or banquet at installation or Lodge anniversary. 1491 Improper resolution — Refreshments 1492 Social reunions and Lodge anniversaries 149.3 Banquet at visitation of Grand Officers 1494 Excursion — Picnic — Fare of members 1495 Prize drills by Patriarchs Militant 1496 May use for celebrating anniversary of Odd Fellowship. 1497 For that purpose may hire halls, pay for printing, procur- ing orators, etc Note to 1497 Index. 1125 FUNDS AND PROPERTY— Continued. Section. Music and parade at anniversary 1498 Parties, balls, picnics, excursions and banquets at anni- versaries 1499 Collation and dance and music in connection with dance at anniversary 1499 Certain literary and musical entertainment 1499 Music and orchestra 1500 Entertainment of Grand Lodge Officers and Representa- tives and Lodge Anniversaries 1501 May appropriate funds for certain purposes 1502 For care of the sick and burial of the dead 1502 For nurses and benefits to brothers and widows 1502 Educating the orphan 1502 May provide suitable Lodge-room and defray necessary expenses 1502 Cannot divert funds to purposes foreign to the purposes of the Order 1502 Lodge's power over its financial aflFairs Note to 1502 Lodge's duty Note to 1502 Necessary expenses and beneficence and charity 1503 Charities of the Order 1503 Charities outside of Order, by voluntary contributions.. 1503 For charities outside of Order cannot use Lodge funds. .. 1505 Charitable purposes not connected with the L O. O. F. , 1506 Donations, private business, electioneering expenses — farm expenses 1507 To pay debts of deceased brother 1508 To assist an Ancient Odd Fellow — Business 1509 Burial of suspended member 1510 Funeral of person not an Odd Fellow 1511 Music at funeral 1512 Railroad fare and carriage hire at funerals 1513 Railroad fare and carriage hire at funeral — Illegal By- Law 1514 Memorial services 1515 National Sanitary Commission 1516 May pay expenses of District Deputy Grand Masters... 1517 May defray reasonable expenses of Representatives 1518 Watchers 1519 Brother should not pay himself from funds 1520 Public libraries and Odd Fellows' libraries 1521 Monthly donation to public library 1522 Reward for arrest of robber 1523 Reward for arrest and conviction of a person 1524 Organist 1525 1126 Index. FUNDS AND PROPERTY— Continued. Section. Pianist 1526 Redress for illegal appropriation 1527 Certain moneys placed in General Fund cannot be drawn out and placed in another fund '. . . . 1528 Celebration Fund may be created by donation 1529 Donations to Lodge, how entered in books 1530 No appropriation by Grand Lodge after report of Finance Committee 1384 Semi-Annual reports — General and Contingent Funds.. 2688 As to cemetery and matters appertaining thereto. See Cemetery. As to monuments, headstones, etc. See Cemetery. As to road to or fence around cemetery. See Cemetery. To hold funds in trust, etc. See Trustees. As to deeds, mortgages, sale and purchase of property. See Property of the Lodge. As to surrender or forfeiture of charter. See Charter. As to offenses. See Offenses. As to Rebekah Lodges. See Rebekah Branch. FUNERAL: Lodge not required to open in due form for funeral 1531 Noble Grand may open and close his Lodge in regular form ..Note to 1531 But he is not required to do so Note to 1531 Suicide and honors of the Order 1532 Brother in arrears and funeral honors 1533 Cannot use regular funds for music at funeral 1512 As to the use of funds for funeral and burial purposes. See Funds. Brothers not in good standing 1534 No right to bury former member with funeral cere- monies 1535 Lodge should not attend non-member's funeral in regalia, 1536 May use funds to bury suspended member 1537 When may donate to bury a person not an Odd Fellow.. 1511 But cannot bury suspended member with our funeral ceremonies 1537 Not obliged to attend funeral of suspended member 1538 Suspended for non-payment of dues — Funeral honors.... 1530 Members of Manchester Unity 1540 Where deceased has a Withdrawal Card 1541 Lodge cannot attend funeral of Ancient Odd Fellow and conduct services according to our Ritual 1542 When Subordinate Lodge funeral ceremony to be used. . 1543 Index. 1127 FVNERAl.— Continued. Section. When Lodge may attend by a committee 1544 Funeral service 1545 Form of funeral service and procession are found in the Book of Forms 1545 Form of prayer and service must be strictly adhered to. 1545 No other can be used 1545 Except in service at Lodge-room, house or church, an extemporaneous prayer may be had 1545 Rebekah funeral service -. 1545 Wearing hats at funerals 1546 Action where funeral conducted by church 1547 When Subordinate Lodge may conduct funeral services.. 1548 When Encampment may conduct funeral services 154vS When conducted by Grand Body 1549 Funeral regalia 1550 Lodge cannot adopt any other regalia 1551 Grand Lodges may permit usual regalia at funerals 1552 Either in connection with or a substitute with that in Section 1550 described 1552 Lodge may attend funeral in full regalia 1553 And without permission of Grand Master 1553 Charges pending at death, and funeral honors 647 Funeral of a brother of another Lodge — Fine 1420 As to Rebekah Lodges. See Rebekah Branch. As to fines. See Fines. FUNERAL ASSESSMENTS OR TAX: See Assessments. FUNERAL BENEFITS AND EXPENSES: See Benefits. FUNERAL CEREMONIES OF SUBORDINATE AND REBEKAH LODGES: See Supplies; Funeral. FUNERAL COMMITTEE: See Fines. When Lodge may bury the dead by committee 1544 FUNERAL DUES: Are fines or assessments on account of death or funeral. . 1554 FUNERAL FINE: See Fines. FUNERAL HONORS: See Funeral. FUNERAL REGALIA: Of brothers and officers 1550 1128 Index. GAMBLER: Section. A professional gambler ineligible to membership 1725 Keeper of gambling house ineligible to membership. 1766, 1767 Pool-room — Professional gambler is ineligible to member- ship 1765 Pool-room — Professional gambler — Offense 2140 GAMBLING: Meaning of, in a By-Law 1555 Criminal gambling an offense 2141 GAMBLING-HOUSE: One engaged therein not eligible to membership 1767 GENERAL FUND: See Funds. GENERAL MINIMUM BENEFIT LAW: See Benefits. GENERAL RELIEF COMMITTEE: See Relief and Relief Committees. GERMAN LODGES AND LANGUAGE: Certain German Lodges authorized to keep their minutes in German language 1556 German Lodges may be constituted special districts 1557 District Deputies for German Lodges who understand German and English 1557 Any Lodge working in German language may work in English language 1558 Initiation in German by English-speaking Lodge 1559 All appeals must be in English language 1560 As to Rebekah Lodges. See Rebekah Branch. GERMAN EMPIRE: See International Relations. GIFT ENTERPRISE: See Lottery. GOD: See Religion. GOOD OF THE ORDER: What is permissible under this head 1561 Right of a brother to speak 1562 Motions may be made and business transacted 1563 Matter that has been referred to a committee 1564 Matter ordered to lie on the table 1565 Brother may speak concerning charges 1566 Index. 1129 GOOD STANDING: Section. Defined 1567 Term good standing, how interpreted 1568 Benefits, voting and Semi-Annual Password 1569 Standing and promissory note for dues 1570 When brother cannot get out of standing 1571 Having the Semi-Annual Password 1572 Lodge cannot recognize a brother, when 1573 Business purpose and certificate of good standing 1574 As to dues. See Dues. As to benefits. See Benefits. GOOD TEMPLARS: See Ballot and Voting. GOVERNMENT: See Secrets; Fines. GRAND ARMY OF THE REPUBLIC: When Lodge may donate lot in Odd Fellows' Cemetery to 2587 GRAND CONDUCTOR: See Officers. GRAND CHAPLAIN: See Officers. GRAND ENCAMPMENT: See Encampment. GRAND GUARDIAN: See Officers. GRAND HERALD: See Officers. GRAND JUROR: When may be fined for absence from Funeral Committee. 1424 GRAND LODGE: Its name, style and title 1575 How composed 1575 Its jurisdiction 1576 The Supreme Tribunal in this State 1576 Grand legislative head of the Order in this State 1577 Admission o^Past Grands as members 1578 Past Grands admitted 1579 None but Past Grands in good standing admitted 1579 Membership ;. 1531 To be member Past Grand must be admitted and re- ceive Grand Lodge Degree 1581 This must be done when Grand Lodge in session 1581 Not appropriate its funds for relief of suspended brother. 1582 Expelled Past Grand cannot be admitted 1583 Team for exemplification of work, no appropriation therefor 1584 IISO Index. GRAND LODGE— Continued. Section. May exemplify degrees Note to 1584 May admit qualified members to exemplification. Note to 1584 Brother admitted while reading minutes 7 When funeral conducted by 1549 Has no pardoning power 2486 Seal — Must have a seal 2753 Lodge owes obedience to Grand Lodge 2803 Grand Representative may introduce visitor 3327 No appropriation after report of Finance Committee 1384 Degree of Rebekah should not be rehearsed in 3520 Use of Subordinate Lodge funds to entertain 1486 Past Grands and Representatives to enroll their names. 2639 Its Constitution is prefixed to this Digest, page 32, and it is also disposed under appropriate heads therein. Its Rules of Order are pfefixed to this Digest, page 57. GRAND LODGES OR SOVEREIGNTIES IN FOREIGN COUNTRIES. See International Relations. GRAND LODGE DEGREES: See Degrees. GRAND LODGE DEGREE PASSWORD: A visiting Past Grand is not to be examined therein 3318 GRAND MARSHAL: See Officers. At Odd Fellows' celebrations need not be a Past Grand, 2296 When present at installation, a brother cannot be ap- pointed to act as 2241 GRAND OFFICERS: See Officers. GRAND OFFICERS PRO TEM: See Officers. GRAND MASTER: See Officers. GRAND REPRESENTATIVE: See Officers. GRAND SECRETARY: See Officers. GRAND SIRE: See Sovereign Grand Lodge. GRAND TREASURER: See Officers. GRAND WARDEN: See Officers. GROCERY: Groceryman with bar or saloon ineligible to member- ship 1741 One who works therein and attends bar is ineligible 1742 Index. 1131 GROCERY— C(?n/i«M^rf. Section. Grocer who sells liquors not to be drank on premises is eligible to membership 1743 GUARDIAN: See Officers. GUARDIAN OF PERSONS OR ESTATES: When benefits of insane brother paid to 465 Insane brother and absent guardian 466 Benefits of insane brothers, how paid and to whom 469 HABITS: Applicants for initiation must be of industrious habits.. 1586 HABITUAL DRUNKENNESS: Defined • 1587 As to offenses. See Offenses. HALF-BREEDS: See Membership; Rebekah Branch. HALLS: A certain certificate as to hall must accompany petition for a charter 886 Liquors excluded from halls under control of Subordi- nate Lodges 1707 May hire halls for celebrating anniversary of Order Note to 27 Used for other purposes 2784 HALL ASSOCIATION: See Lottery; Odd Fellows' Hall Association. As to stock in. See Stock. HAND: As to membership. See Membership. As to officer. See OflRcers. As to benefits. See Benefits. HEADSTONES: See Cemetery. HEALTH: Applicants for initiation must be of sound health 1588 As to membership. See Membership. As to benefits. See Benefits. As to applicant for degrees. See Degrees. HEARSAY: As to charges. Sec Trials. As to benefit investigations. See Benefits. 1132 Index. HOLIDAY: Section. Lodge may omit meetings on 2790 HOMES: See Odd Fellows' Home; Orphans' Home. HONORABLE VETERAN JEWEL: See Jewels. HONORARY MEMBERSHIP: No honorary membership in the Order 1967 HONORS OF OFFICE: See Degrees; Rebekah Branch. HONORS OF THE ORDER: Grand Master entitled to, when 1589 When visiting in his official capacity 1590 Visit becomes official when he announces himself as Grand Master '. 1590 Grand Master when offically visiting 1590 Past Grand Master when visiting on official business 1591 When Grand Representative who is an elective Grand Officer is entitled to 1592 Grand Representative who is elective Grand Officer of a Grand Encampment 1592 Grand Officers should address the chairs 1593 Grand honors given after their introduction 1593 Given to elective and Past Grand officers visiting out- side their jurisdictions 1593 Grand Master introducing visiting brother 1594 When Grand Officer and the visiting brother are both entitled to the honors of the Order 1595 When given in such cases 1595 Grand Representative of Grand Lodge or Grand En- campment may introduce visitor in the jurisdiction.. 1595 Elective officer of Grand Lodge or Grand Encampment may likewise introduce visitor in the jurisdiction.. 1595 Grand honors should be given to Grand Officer after ad- dressing chair and before introduction of visitor. 1595, 1596 Then Grand Officer introduces visitor 1595 Then the visiting brother, if entitled, receives the honors of the Order 1595 Grand Officer should be introduced after addressing the chair and should then receive the honors 1596 On retiring, honors given to such Grand Officers 1597 Honors to District Deputy Grand Masters 1598 A Past Grand who is to install officers is not entitled to Note to 1598 A Subordinate Lodge visiting another Lodge not entitled to 1599 Index. 1133 HOTELKEEPER: See Stockholder. Section. When and when not eligible to membership 1735, 1737, 1739, 1738, When manager eligible and when not 1736 Hotel and liquor business — Offense 2135 HUSBAND: See Rebekah Branch. IGNORANCE: Lodges not prohibited from initiating persons who cannot read and write 1788 ILLEGAL LODGE: Brothers not to visit illegal Lodge 1600 IMMORAL CONDUCT: Of sick brother and when entitled to watchers 2053 As to offenses. See Offenses. ' As to benefits. See Benefits; Nurse; Widow. INCORPORATION: Of Lodges prohibited 1601 Reasons why should not incorporate 1601 Lodges must disincorporate 1602 The subject of the incorporation of Grand Lodge and Subordinates 1603 Legislation and actions of the Grand Lodge 1603 Constitutionality of certain State laws called in question. 1603 Legality of incorporating act called in question 1603 Reports of committees 1603 Civil Code, title XII, part IX, division 1, in regard thereto 1603 Reasons against incorporation of Grand Lodge 1603 As to Odd Fellows' Hall Association. See Odd Fellows' Hall Association. INDECENT BEHAVIOR: See Offenses. INDECENT LANGUAGE: See Offenses. INDEPENDENCE DAY: May omit Lodge meetings on 2790 INDIAN: No Indian or half-breed can become a member of the Order 1768, 1769 • Nor can one having any trace of Indian blood 1770 An Indian who has been admitted cannot visit a Lodge.. Note to 3296 1134 Index. INDIAN— Continued. Section. His admission was illegal Note to 3296 As to Rebekah Lodges. See Rebekah Branch. INITIALS OF THE ORDER: See Emblems. Not to be used in private business 1319, 1320 Nor in advertisements 1319, 1320 INITIATION: When begins and ends 1604 Not lawful to initiate one candidate and permit others to sit and witness it 1605 All must pass through the ceremony 1605 Past Grand's charge and initiatory grip 1606 Cannot initiate candidate under twenty-one years of age.. 1607 May initiate more than one at a time 1608 Where required to be initiated — Staff 1609 Vice-Grand may give Noble Grand's charge 2390 Must be initiated in Lodge which elects applicant 1610 May take place at special meeting 1610 Who may deliver Past Grand's charge 1611 May be given by Noble Grand 1611 Vice-Grand cannot give it 1611 Third Degree member cannot give it 1611, 1612 ■ No initiation in absence of Noble Grand and all Past Grands 1612 Noble Grand and Vice-Grand absent. Past Grand may take chair and initiate 1613 Candidate may stand or be seated during Past Grand's charge 1614 The recognized mode 1615 When brother may leave during initiation 1616 Prayer is no part of initiation and not admissible 2581 Not understand English language, eligible for initiation.. 1787 Illegal initiation 1969, 1970 When Vice-Grand absent 2415, 2418 Opening in the Initiatory Degree. 2791 Preparing for initiation 2791 No permission should be granted for English-speaking Lodge to initiate in German 1559 As to Membership, See Membership. As to charges and lectures. See Charges and Lectures. As to Rebekah Lodges. See Rebekah Branch. INITIATION FEE: See Fees; Rebekah Branch. INITIATORY DEGREE: See Degrees. It is a degree of Odd Fellowship 1139 Index. 1135 INITIATORY MEMBER: Section. Admitted to his Lodge when open in Initiatory Degree. . . 13 Is eligible to membership in Rebekah Lodge 3585 As to degrees. See Degrees. As to benefits. See Benefits. As to funeral expenses and benefits. See Benefits. INSANE: In good standing entitled to benefits 464 When in an asylum 464 Same benefits to insane as to other sick brothers. .Note to 464 In exclusive charge of State Lunatic Asylum Note to 464 When supported by State entitled to benefits Note to 464 When benefits of, paid to guardian 465 Insane brother and absent guardian 466 While living, benefits must be paid 467 Attempted suicide while insane 468 Attempted suicide while of sound mind 468 Benefits of insane brother — how paid and to whom 469 Cannot cease membership for non-payment of dues while insane 1304 Cannot suspend him for non-payment of dues, though not entitled to benefits 1305 He is not entitled to the A. T. P. W 2503 Insane person initiated 1971 On parole from an insane asylum 1971 When such initiate may De expelled 1971 INSIDE GUARDIAN: See Officers. INSIGNIA: Unlawful for suspended or expelled member to wear 1617 Any badge, lapel button, rosette 1617 Or other established insignia of the Order 1617 Initiatory member may wear the Three Links 1618 Three Links, the words, "Friendship, Love and Truth," and the initials, "F. L. & T," are emblems and badges of the Order 1322 INSOLVENT: When an insolvent under certain circumstances refuses to pay his obligations, etc 2126 With fraudulent intent buying goods, etc 2146 INSPECTION: See Appeals. Appellant has right to inspect records, etc 4344, 2001 1136 Index. INSTALLATION : Section. Grand Officers installed last day of session 1619 Provided by four-fifths vote may install at any time 1G19 Absence of Grand Master and Past Grand Master 1G19 A Past Grand cannot install Grand Officers Note to 1619 Obligations can only be administered by those who have taken them Note to 1619 Grand Lodge may open in Scarlet Degree at installation Note to 1619 Elective officer of Grand Lodge cannot be, by proxy Note to 1619 When Subordinate Lodge officers installed 1620 When may be deferred one week 1621 When special meeting may be called 1621 Officer resigns — his successor 1621 When District Deputy Grand Master installs 1622 Duty and privilege of Grand Master to install. . .Note to 1622 Grand Master may officiate at installations Note to 1622 On such occasions may take chair of N. G Note to 1622 When Past Grand may install 1623 When Past Grand may install to fill a vacancy 1623 Examination of Noble Grand and Vice-Grand in secret work and opening and closing charges 1625 Examination in the work necessary 1626 Past Grand must examine and find the brother proficient in the work 1626, 1627 Noble Grand and Vice-Grand must know unwritten work. 1628 D. D. G. M. must refuse to install till they are proficient in the work 1629 District Deputy must pass upon the qualifications of officers-elect 1630 And upon their proficiency in the work 1630 When Noble Grand not proficient in work, D. D. G. M. should declare Lodge open for nomination and elec- tion of a Noble Grand 1630 D. D. G. M. may, at request of Lodge, defer installation. . 1630 Election of another, when Noble Grand not proficient in work 1631 Noble Grand-elect or Vice-Grand-elect not qualified in secret work 1632 D. D. G. M. may in such case declare office vacant 1633 And cause election to fill vacancy, and install 1633 Officers cannot be installed by proxy 1633 Noble Grand absent, may elect another Noble Grand 1633 D. D. G. M. may install officers when Noble Grand-elect absent, and install Noble Grand later 1633 Index. 1137 mSTAl.LATlOli— Continued. Section. Noble Grand-elect absent — Appointed officers 1634 Supporters of the Vice-Grand — Vice-Grand pro tern 1635 When officers not elected for the term 1636 D. D. G. M. may cause the same to be elected on the same evening 1636 And install them on same evening 1636 Cannot install anyone not elected 1637 Officer pro tem cannot be installed 1638 When Noble Grand-elect absent at first meeting of term. . 1639 Absence of Vice-Grand 1640 When Past Grand may install Vice-Grand 1640 Unlawful to install before first regular meeting of term.. 1641 When installation may be deferred 1642 When may install at special meeting 1642 Arrangement with District Deputy Grand Master to install 1643 When Past Grand may install 1643 Duty of D. D. G. M. to install and communicate password 1644 When installed in absence of D. D. G. M., still his duty to visit Lodge or officers and communicate password. 1644 Charges preferred after election 1645 Undecided charges do not affect installation 1646 When must install officer — Crime 2251 When Noble Grand may install officers 1647 Officers who hold for a year 1648 When such officers may be publicly installed again 1648 May be joint public installation 1649 Joint installation in public or in secret 1650 Joint installation — Rebekah Lodge — Encampment 1651 Public installation and by whom conducted 1652 Installation outside of Lodge-room Note to 1652 Lodge should not close in regular form before public installation Note to 1652 But "ordinary ceremonies being suspended," the doors are opened Note to 1652 After installation Grand Officers and all but members retire Note to 1652 Then the Lodge closes in form Note to 1652 Irregular public installation Note to 1652 Recess— Proceed to another hall for installation. .Note to 1652 Then return to Lodge-room and close 1652 When officer who installs is not qualified to install 1653 In such case officer does not acquire the honors of the office 1653 Loss of ritual 1654 72 1138 Index. INSTALLATION— Co«/i««rrf. Section. At public installations elective Grand Officers have prece- dence of District Deputy Grand Master 1655 Must be open in Third Degree 1656 Officers retiring with Grand Marshal for examination must address the chairs 1656, 1657 Officers-elect entering or retiring 1657 Officers-elect after examination, entering, do not address the chairs ^ 1657 Officers must be clear of pecuniary charges 1658 Grand Lodge assessments and semi-annual reports 1659 Must be paid to District Deputy Grand Master before installation 1659 No right to installation till semi-annual reports in hands of installing officers 1659 Not to install officers till Sections 2 and 3, Article IX, Constitution of Subordinates, are complied with 1660 Objections to legality of election 1661 Duty in such cases of Grand Master 1661 When Grand Master orders a new election Note to 1661 During such election no question to be put to the Lodge Note to 1661 When Grand Officers are acting as such may vote Note to 1661 Objections as to illegal votes 1662 What language Lodge to be installed in 1663 Foreign language and District Deputy 1664 District Deputy Grand Master not to install Recording Secretary till Lodge has seal 1665 Except at institution 1665 Retiring Noble Grand need not be installed Past Grand.. 1666 Sitting Past Grand — Noble Grand who has not earned honors of office 1667 Grand Master and District Deputy Grand Master and regalia 1668 Patriarch Militant while installing officer cannot wear regalia of Patriarch Militant 1668 Patriarch Militant uniform — Lodge officer 1669 When District Deputy Grand Master may be removed... 1670 May be removed for installing the Noble Grand or Vice- Grand who has not committed to memory charges and secret work 1670 Installing officer, how addressed 1671 Grand Marshal present, a brother cannot be appointed to act as 2241 Supper or banquet at installation 1483, 1491 Index. 1139 INST A1.LATION— Continued. Section. Grand Officers and secret work 2152 As to defraying expenses of D. D. G. M. See Funds. As to Rebekah Lodges. See Rebekah Branch. INSTITUTION OF LODGE: See Charter; Rebekah Branch. INSTRUCTIONS: Lodges must obey official instructions of Grand Master.. 1034 Lodge must obey instructions of D. D. G. M 2247 As to instructions to representatives. See Representatives. As to instructions in the work. See Work of the Order. INSULTING LANGUAGE: See Offenses. INSURANCE: Lodges should insure their property 1672 Grand Lodge — Insurance and surety companies 1673 Soliciting life insurance in Lodge improper 1674 Lodge cannot make certain payments 222 INTEMPERANCE: See Liquors; Offenses; Benefits; Fines. INTENT: See Offenses. INTEREST: See Trustees of Subordinate Lodge; Assess- ments. INTERNATIONAL RELATIONS: Foreign Sovereignties 1675 Sovereign Grand Lodge has granted charters to the follow- ing sovereignties 1675 Grand Lodge of Australasia, including Australia, New Zealand, Tasmania and other islands 1675 German Empire, Switzerland, Sweden 1675 Denmark and Netherlands 1675 Form of uniform charter therefor prescribed and recom- mended 1675 , Prohibition in fifth article thereof 1675 Australasia and Switzerland have accepted the uniform charter 1675 Australasia has six Grand Lodges subordinate thereto... 1G75 Charter of German Empire and agreement 1675 Charter of Denmark and agreement 1675 Charter of Sweden and agreement 1675 Charter of Netherlands and agreement 1675 Uniform charter imperative need of the Order 1675 1140 Index. INTERNATIONAL RELATIONS— Continued. Section. Powers granted by and reserved to Sovereign Grand Lodge 1675 Member of Lodge in California sojourning in German Empire ^ Note to 2492 To vist Lodges in Germany must obtain visiting card and orders for Annual Traveling Password. . .Note to 2492 Must procure visiting card and order for Annual Traveling Passwod to obtain such password 2492 INTOXICATING BEVERAGES: See Liquors. INTOXICATION: See Offenses; Benefits. INVESTIGATING COMMITTEE: As to claim for benefits. See Benefits. As to application for membership. See Membership; Re- bekah Branch. As to charges. See Trials. INVESTMENTS: The funds of a Lodge may be invested 1676 As to funds. See Funds. As to duties of Trustees. See Trustees. INVITATIONS: Not accepted by Grand Lodge for social festivities, when. . 31 JANITOR: Joint janitor of two Lodges — Credit 514 JAPANESE: Not eligible for membership I 1773 Of mixed foreign and Japanese parentage, not eligible... 1773 JEWELS: Lodge must furnish for its officers 1677 Jewels of officers of Sovereign Grand Lodge 1678 Jewel of Past Grand Sire 1678 Jewel of Past Grand Representative '1678 Jewels of officers of Grand Lodge 1679 Jewel of Past Grand Master 1679 Jewel of District Deputy Grand Master 1679 Jewel of Past District Deputy Grand Master 1679 Jewels of officers of Subordinate Lodge 1680 Jewel of Past Grand 1680 All officers must wear jewels 1680 Grand Master when visiting to wear regalia and jewel 1682 Index. 1141 JEV/ELS— Continued. Section. Must not be wrought in the regalia Note to 1680 Grand Lodge will present each retiring Grand Master with a Past Grand Master's jewel 1683 Veteran Jewel I. O. O. F 1684 Continuous membership for twenty-five years to entitle to Veteran Jewel 1685 Temporary suspension for non-payment of dues destroys right 1685 Temporarily deprived of benefits does not destroy right. . 1686 Withdrawal Card and readmission to Order within a year. 1687 When more than a year elapses before joining another Lodge 1687 May wear both sizes of Veteran Jewel 1688 May wear the large and watch-charm size 1688 Cannot purchase or wear unless entitled 1687 Veteran Jewel, who entitled to 1690 Made in two sizes 1690 Design is patented 1690 Can purchase from Grand Secretary of Sovereign Grand Lodge — Prices 1690 On order of Grand Secretary of Grand Lodge 1690 Sovereign Grand Lodge, sole right to manufacture 1691 Letters patent therefor 1691 Honorable Veteran Jewel, design and make 1692 Can be obtained from Sovereign Grand Lodge Secretary. 1692 Upon certificate of Subordinate Lodge and order of Grand Secretary of Grand Lodge 1692 Order must be accompanied by cash 1692 Honorable Veteran Jewel, design and make 1693 Two kinds — Prices 1693 Application for Veteran and Honorable Veteran Jewel.. 1694 Certificates to accompany application 1694 Affidavit or proof in certain cases 1694 Lodge street uniform jewel, design and make 1695 Cannot expend Lodge funds for jewel for member, except 1471 May for Veteran and Honorable Veteran Jewels for mem- bers 1470 Regalia and jewel to be worn by D. D. G. M Note to 2231 As to Rebekah Branch. See Rebekah Branch. JOURNAL OF PROCEEDINGS: One copy to be sent by Grand Secretary to each Lodge. . 1698 Grand Secretary to furnish to certain committees 2205 None but Odd Fellows to inspect except 1697 As legal information and authority 1697 1142 Index. JOURNAL OF PROCEEDINGS— Con/tHM^rf. Section. Journals for District Deputies 1700 Sovereign Grand Lodge Journal should be in possession of each Lodge 1701 Suspension for non-payment of dues not to be published in. 1309 Duty of District Deputy Grand Master 2244 Last day's proceedings of a session — Gr. Secretary's duty. 2213 Certain questions not to be entered on 2596 As to secret journal. See Secret Journal. As to obituary tablet. See Obituary Tablet. JOURNALS OF SOVEREIGN GRAND LODGE AND GRAND LODGE: See Supplies. JUDGMENT: Prior judgment in benefit investigation as evidence. .. .573, 574 In matter of charges. See Trials. In matter of benefit investigation. See Benefits. In matter of appeals. See Appeals. When judgment of Lodge final; when subject to appeal. See Appeals. When judgment of Grand Lodge final; when subject to appeal. See Appeals. JUNIOR PAST GRAND: Acting Past Grand, duties of 2407 To attend all regular meetings 2407 To deliver the charge of his office 2407 To act as Outside Conductor 2407 To prefer charges when violations of law are called to his attention 2407 Need not perform duties of Chaplain 2408 He is not strictly an officer 2409 Cannot be fined for non-attendance 2409 Duty to occupy chair of Past Grand for one term 2409 Duty to deliver Past Grand's charge 2409 Duty to prefer charges if officer lose Ritual 2727 May be elected a Representative 2703 Chair of Junior Past Grand and honors of office 1084 At expiration of term eligible to elective office 2329 May fill any office if duties do not interfere with his duties 2330 May be elected Recording Secretary 2331 JURISDICTION: See Trials. JUROR: When Grand Juror may be fined for absence from funeral committee 1424 Index. 1143 JURY: Section. As to verdict of jury. See Trials. KEEPER OF GAMBLING HOUSE: As to membership. See Membership. As to offenses. See Offenses. KEEPER OF LIQUOR SALOON: As to membership. See Membership. As to offenses. See Offenses. KEY: See Work of the Order; Telegraph Cipher Key. LABORER: See Name of Lodge. LANGUAGE: Minutes of certain German Lodges may be kept in German 1556 In what language officers to be installed 1663 When D. D. G. M. does not understand foreign language 1664 District Deputies for German Lodges 1557 Appeal must be in English language 1560 Candidates and language of Lodge 1787 German Lodges may work in English language 1558 Knowledge of the language and initiation 1787 Passwords must be .written, spoken, spelled and pro- nounced in English 2488, 2489 LAWS: General Laws of Sovereign Grand Lodge take effect January 1st after their passage , 954 Sovereign Grand Lodge Constitution and laws the supreme law 1030, 952 Grand Master cannot make laws or rules of procedure.. 2183 Candidate for D. D. G. M. must have knowledge of law of the Order 2230 As to questions. See Questions. As to seal. See Seals. LAWS OF SUBORDINATES, COMMITTEE ON: See By-Laws. LAWS OF REBEKAH LODGES, COMMITTEE ON: See Rebekah Lodges; in Rebekah Assembly, see Rebekah Branch. LAWYER: See Counsel; Trials; Benefits as to benefit inves- tigation. 1144 Index. LECTURES: Section. Lectures on Odd Fellowship may be given 1702 May deliver essays or addresses on Odd Fellowship in Lodge Note to 1702 Lectures. See Charges and Lectures. LEDGERS: See Supplies. LEFT SUPPORTER OF NOBLE GRAND: See Officers. LEFT SUPPORTER OF VICE-GRAND: See Officers. LEGAL REPRESENTATIVES: See Executors and Ad- ministrators; Guardian; Benefits. LEGAL TENDER NOTES: See Offenses. LEGISLATION: Committee on Legislation of Grand Lodge, and its duties 1703 It is a regular committee 1703 Appointed at each annual Grand Lodge session from members present 1703 As to Committee in Rebekah Assembly. See Rebekah Branch. LETTER: See Renunciation of the Order; Registered Let- ter; Trials. LETTERHEADS: See Supplies. LIAR: See Offenses. LIBEL: See Offenses; Character; Trials. LIBERTINE: See Offenses. LIBRARIES, ODD FELLOWS: Lodges recommended to establish 1705 Donations and subscriptions to establish and support 1706 Grand Lodge approves establishment and support of. . . . 1706 Not legitimate to require dues for support of public library Note to 1706 Nor to make monthly donations to public library 1522 Nor to use funds to support a public library 1522 As to lotteries. See Lottery. As to emblems and name of the Order. See Emblems. LIE: See Offenses. LIFE MEMBERSHIP: No life membership in the Order 1965 No life membership — trust fund for it 1966 Life membership in Odd Fellows' Home, (Rule IX) 2085 Index 1145 LIFE INSURANCE: See Insurance. Section. LIMB: See Membership. LIMITATIONS: Within what time charges must be preferred 2865 No bar to murder and certain offenses 2865 Owing money to Lodge and Statute of Limitations 2125, 2126, 2127 LINKS: Use of three links on business envelope illegal 1321 Three Links are adopted emblems and badges of the Order 1322 LITIGATION: Urging litigation against a brother 2123 LIQUORS: Prohibited in Lodge-rooms, ante-rooms and halls 1707 Lodges cannot abridge the liberties of the citizen. Note to 1707 Nor dictate what he shall eat or drink Note to 1707 Drunkenness incompatible with our principles. . .Note to 1707 Our Order does not restrict or regulate the beverage of members Note to 1707 Temperance is a cardinal principle Note to 1707 Our Order does not enforce total abstinence. .. .Note to 1707 Celebrations, anniversaries, ball and parties 1708 Where regalia worn or name of Order assumed, not with- out consent of Grand Master 1708 Lodge must promise no intoxicating beverage will be offered 1708 When Lodge joins in public procession with other organ- izations 1708 Anniversaries, excursions, picnics, balls, parties and enter- tainments Note to 1708 No liquor at celebration given by Lodge or held in name of Order 1709 Nor at any entertainment, banquet, supper or repast in such cases 1709 Saloon-keeper or bar-keeper not eligible to membership.. 1710 Not in saloon business on September 18, 1895, no right to engage in it since 1711 When in saloon business prior to September 18, 1895, and abandons it, can not resume it 1712 Lodge may lease its property for a saloon 1713 A Lodge rents a store for a saloon 1714 Odd Fellows' Hall Association 2064 1146 Index. LIQUORS— Continued. Section. Prohibition of their sale is a political question 1715 As to offenses. See Offenses. As to membership. See Membership. LIQUOR SALOON: Lodge leasing property for 1713 Lodge renting store-room for 1714 When saloon connected with other business 1729 Odd Fellows' Hall Association 2064 As to membership. See Membership. As to offenses. See Offenses. LOAN: See Funds; Trustees; Cemetery. Lodge funds shall not be loaned to a member 1439 Secured or unsecured loan.- 1440 When can loan to wife of member 1441 Grand Master cannot loan Grand Lodge funds 2179 Treasurer cannot borrow Lodge funds 2405 LOAN ASSOCIATION: See Emblems. Not to use name, emblems or initials of the Order 1319 LOAN AND TRUST COMPANY: Lodge may invest funds in 1446 LOCATION OF LODGE: Cannot be changed without consent of Grand Lodge or Grand Master's dispensation 1716 Change from one city or town to another, dispensation necessary 1222 Change from one hall to another in same city or town, no dispensation required 1222 Dispensation to change place of meeting 1175 LODGE, DEGREE: See Degree Lodge. LODGE, GRAND: See Grand Lodge. LODGE, REBEKAH: See Rebekah Branch. LODGE, SOVEREIGN GRAND: See Sovereign G. Lodge. LODGE, STREET UNIFORM AND JEWEL: See Uniform. LODGE, SUBORDINATE: See Subordinate Lodge. LOTTERY: Lotteries are prohibited 1717 No Lodge or organization of the Order to get up, engage in, or be interested in 1718 Index. 1147 "LOTTERY— Continued, Section. Nor in any gift enterprise 1718 Nor receive any emolument or benefit therefrom 1718 Not to use name of Order or Lodge to aid therein 1718 Nor of Odd Fellows' Hall, Library, Cemetery nor other association of the Order 1718 Offenders to be expelled 1718 Prohibited to sell tickets or hold raffles 1719 Raffles unlawful 1721 Either at open, closed or any meeting 1721 Either in Lodge-room, ante-room or any connected therewith 1721 LUNATIC: See Insane. MAJORITY REPORT: As to majority and minority report in matter of charges. See Trials. As to majority and minority reports on applications for membership. See Membership. As to majority and minority reports in benefit investiga- tions. See Benefits. MANAGER: When manager of hotel eligible to membership and when not 1736 Of wholesale liquor establishment, eligible to member- ship 1747 MANCHESTER UNITY: Members may be admitted to our Order by initiation.. 1722 No communion between the two Orders Note to 1722 No agreement or recognition for intervisitation. .Note to 1722 Odd Fellows may unite with any lawful society or asso- ciation Note to 1722 MANDAMUS: Grand Lodge no authority to issue to Subordinate Lodge as to benefits 1723 MARRIED WOMAN: See Rebekah Branch. MARRIAGE: Of Odd Fellows' widows does not change Lodge's rela- tion to children of former husband 2478 Where brother's mother marries and funeral benefits 655 Widow of Odd Fellow remarries and divorced does not restore to widowhood 711 As to Rebekah Lodges. See Rebekah Branch. 1148 'Index. MARSHAL: See Officers; Rebekah Branch. Section. MASONS: As to voting. See Ballot and Voting. As to funeral benefits and expenses. See Benefits. MASQUE BALL: Given under auspices of the Order 236 MATERIALS: May appropriate funds for materials furnished 1452 MEANS OF SUPPORT: All candidates for initiation must have some respectable known means of support 1724 As to occupation or business. . See Membership. As to offenses. See Offenses. MEETINGS: Every meeting is a session 2756 Change of night of 2786, 2787, 1183, 1184, 1185 Change to once in two weeks 1884, 2786 To change back 2786 Changing day or hour 2807 Must be held on week days only 2789 None on Sunday except for funeral purposes 2819 May omit meetings on certain hoHdays 2790 Need not attend committee meetings on Sunday 2820 Lodge fails to hold meetings for six months forfeits charter 913 Neither the Lodge nor Grand Master can dispense with regular meetings 2805, 2790 Nor authorize regular meetings on any other day than the regular day 2805 Special meeting and application for membership 1843 Special meetings and balloting for membership 305, 1842 Neither Grand Lodge nor Grand Master can dispense with regular meetings 1175 Special preliminary and subsequent meetings as to funerals and fines 1428 District Deputy Grand Master and special meetings — instal- lation 2243, 1642 D. D. G. M. — special meeting — dispensation 1201 Meetings twice a month — honors of office 2279 Lodge cannot hold joint meetings in any degree 1121, 1120 Subordinate Lodge may change location by dispensation.... 1716 Change from one town or body to another, dispensation required 1222 Index. 1149 MEETINGS— Co«/mM^d. Section. Change from one hall to another in same town or city, no dispensation required 1222 Special meeting and initiation. See Initiation. Special meetings and degrees. See Degrees. Meetings of Grand Lodge. See Annual Communications; Special Sessions; Adjournment. As to place of meeting. See Location of Lodge. As to meetings of Trial Committee. See Trials. As to meetings of Benefit Investigating Committee. See Benefits. MEMBERS' REGISTER FOR SUBORDINATE AND REBEKAH LODGES: (Constitution Book): See Supplies. MEMBERSHIP: Page. 1. Qualifications for 1149 2. Application for 1152 3. By initiation 1154 4. Transfer of Membership by Card 1154 5. By Deposit of Card or Certificate, or as Ancient Odd Fellow 1156 6. Reinstatement and Readmission 1157 7. Non-Contributing and Non-Beneficial Members 1159 8. Miscellaneous 1160 9. As to Membership of Grand Lodge. See Grand Lodge; Business of Grand Lodge; Representatives. 10. As to membership of Degree Lodge. See Degree Lodge. 11. As to membership of Rebekah Lodge and Assembly. See Rebekah Branch. 1. Qualifications for. Race, age, health, character, habits, means of support, belief and residence 1724 Must be proposed in Lodge nearest his residence, except 1724 May be admitted to any Lodge in city or village 1724 Must reside in this jurisdiction 1724 Candidates from other State or Territories 1724 Saloon-keeper, bartender and professional gambler ineli- gible 1725 Article XVI, Sec. 5, Sov. Grand Lodge Constitution, not retroactive 1726 It went into eflfect September 18, 1895 1726 Takes from saloon-keeper or bar-keeper then in business no rights 1726 If he gives up the business he cannot resume it 1720 1150 Index. MEMBERSHIP— Con/jMM^rf. Section. Saloon-keeper prior to September 18, 1895, entitled to all the rights and privileges of the Order 1727 If otherwise qualified eligible to Vice-Grand 1727 Saloon-keeper or bar-keeper since September 18, 1895 1728 A saloon connected with other business 1729 Saloon-keeper is owner of liquor business 1729a A bar-keeper is an employe in such business 1729a A partner in saloon and cigar business 1730 Saloon-keeper, bar-keeper and public officer 1731 Chief clerk in packing house 1732 Agent selling beer by the keg 1733 Beer garden — drinks and liquors to guests 1734 Hotel-keeper is not a saloo^i-keeper 1735 If he has a bar and tends it, he is a bar-keeper 1735 Manager of hotel eligible 1736 Unless he tends the bar 1736 Hotel-keeper — name of hotel — license 1737 Bar in summer hotel — proprietor or manager 1738 Leasing or renting out the bar and no interest or control 1738 Hotel and restaurant liquor license 1739 A tavern keeper 1740 Groceryman and bar or saloon 1741 One who works in grocery and attends saloon 1742 Grocer who sells liquor not to be drank on premises 1743 Restaurant or eating-house keeper 1744 Drummer or traveling salesman 1745 Agent of brewery /. 1746 Manager of wholesale liquor establishment 1747 Wholesale liquor dealer 1748 A druggist not a saloon-keeper 1749 A druggist who opens or tends bar 1750 Waiters in restaurants or hotels 1751 Waiters in dining-rooms of hotels 1752 Winery in connection with farm 1753 Stockholder in corporation and the saloon business 1754 Stockholder in hotel corporation 1755 A Lodge violating the law — liquor business 1756 When a barkeeper who takes a Withdrawal Card may become a member again 1757 When a barkeeper who takes a Withdrawal Card is ineligible 1758 Saloon-keepers — Cards^Defunct Lodges 1759 Reinstatement and liquor business 1760 Saloon-keeper — Dismissal Certificate 1761 Resigning membership — saloon business 1762 Ancient Odd Fellow — saloon-keeper 1763 Index. 1151 MEMBERSHIP— Con/mM^rf. Section. Saloon-keeper — transfer of membership by card 1764 Poolroom — professional gambler 1765 Keeper of gambling house 1766 A business in violation of the laws of the State 1766 Engaged in gambling house or criminal business 1767 Who are free white males 1768 Halfbreeds or males of mixed blood 1768 Indians, and Mexicans who are part Indian 1768 Halfbreed and white 1769 Indian blood 1770 Mexicans of white or Caucasian blood 1771 Descendants of Aztecs 1771 A person of Mexican parentage 1772 White Californian and French 1773 Chinese, Polynesians and Japanese not eligible Note to 1773 Mixed foreign and Japanese parentage Note to 1773 A convicted person who is pardoned 1774 Applicant under age 1775 Age of applicant for initiation 1776 No maximum limit as to age 1776, 1777 Authority of Lodge — age limit 1777 Health and morals of applicant 1778 Lodge should satisfy itself of good health of applicant 1779 Physician's certificate of good health of applicant 1780 Form of doctor's certificate of examination of applicant pre- scribed by Grand Lodge ; 1781 Must be used, if any 1782 Prescribed form. (Form No. 19) 1781 Lodge may add to Form prescribed by Grand Lodge 1782 Lodge may require physician's certificate even if By-Laws silent 1783 Physician's certificate after favorable ballot 1784 Physician's certificate Lodge may require 1785 Certificate of any physician will answer, unless By-Laws other- wise provide 1785 Religious belief 1786 No peculiarities of religious belief or practices required Note to 1786 Belief in Supreme Being essential Note to 1786 An atheist is disqualified Note to 1786 Knowledge of language Lodge works in 1787 Not prohibited from initiating persons who cannot read and write 1788 Totally deaf, dumb and blind should not be admitted.-. 1789 Loss of limb 1789 1152 Index. MEMBERSHIP— Co»ifiMM Grand Master communicates to District Deputy Grand Mas- ter Note to 2516 District Deputy Grand Master gives to Noble Grand and Vice-Grand Note to 2516 When brother must give it to Warden Note to 2516 Reports, returns and money must be delivered, etc Note to 2516 When reports, assessments and taxes made and paid 2517 When District Deputy Grand Master may withhold 2246, 2516 When Visiting Card or official certificate is order for com- municating password 2518 When date of Visiting Card extends to a date later than when presented 2518, 2519 When dues paid to a later date than when official certificate presented 2518, 2519 Must be member of Lodge in same jurisdiction 2518, 2519 Must pass a satisfactory examination 2519 Index. 1205 PASSWORDS— Con/in«^d. Section. Then Noble Grand may communicate password on such Visit- ing Card or official certificate 2519 Semi- Annual Password and official certificate 2520 Admisison to Lodge on official certificate 2521, 2522 When Noble Grand should give before admitting holder. 2522 Holder of expired official certificate not entitled to 2523 Who entitled to use 2524 \Vhen brother not entitled to 2525 In arrears for thirteen weeks for weekly or funeral dues.... 2525 When brother forgets it, and arrears 2526 When brother thirteen weeks in arrears 2527 When brother in good standing and thereafter becomes in arrears . . * 2528 Thirteen weeks in arrears, and new term 2529 Thirteen weeks in arrears fixed by Sovereign Grand Lodge. . 2530 More than thirteen weeks in arrears 2531 Old word used till after installation 2532 When visitors used old term word 2533 Cannot compel a brother to receive it 2534 When Warden to take it up in ante-room 2535 When Conductor may assist Warden in taking up password. 2536 Noble Grand may authorize Warden to communicate in Lodge-room 2537 When Warden should receive it from Noble Grand 2538 Past Grand or Vice-Grand acting as Noble Grand in absence of Noble Grand 2539 When Vice-Grand may impart the password 2540 When Vice-Grand acts as Noble Grand may give it 2540 Right Supporter of Noble Grand cannot authorize a brother to confer 2541 When Financial Secretary may give it 2542 When Noble Grand-elect not installed 2543 When District Deputy Grand Master may give 2544 Non-contributing member entitled to password 2546 Brother inmate of Odd Fellows' Home entitled to it 2547 Inmate of Odd Fellows' Home — Order for password 2548 Noble Grands may give Semi-Annual Passwords upon orders for same 2549 Applies only to brothers in same jurisdiction 2549 Noble Grand gives order for Semi-Annual Password without vote 2550 Only communicated to brother at distance by order for it 2551 Official certificates and Visiting Cards are per se orders for the password 2551 In the cases provided or prescribed in sections.. 2492, 2494, 2515 1206 Index. PASSWORDS— Continued. Section. Orders for must be properly attested and under seal 2552 Who entitled to order for 2553 Noble Grand and Secretary may issue order for Semi-Annual Password beyond their term 2554 Dues paid to a particular date and order for password 2555 District Deputy Grand Master sending it disapproved 2556 Cannot send order for it by telegraph 2557 Noble Grand can only give order for password to members of his own Lodge 2381 Cannot authorize its communication by telegraph 2557 Grand Lodge may change it quarterly or semi-annually 2558 When not entitled to password, may visit his own Lodge 2559 Accidentally or improperly obtaining and using it 2142 Form of order for Semi-Annual Password (Form No. 15) , 2566 Brothers admitted to Subordinate or Grand Lodge while reading minutes 7 As to admission to one's own Lodge. See Admission to One's Own Lodge. As to admission of visitors. See Visitors and Visiting. As to recess. See Recess. As to Relief Committees. See Relief Committee and Relief. Orders for Semi-Annual Password. See Supplies. As to Semi-Annual Password for Rebekah Lodges. See Rebekah Branch. As to Grand Lodge Degree Password. See Grand Lodge Degree Password. As to installation. See Installation. PAST GRANDS: Rights of 2561 Right to vote for Grand Officers 2561 Eligibility to Grand Officers 2561 Must be a member of Grand Lodge to be eligible to office 2161, 2151 Past Grand and office of Grand Secretary Note to 2199 Past Grand and District Deputy Grand Master 2222 Pretending to be Past Grand and wearing regalia 2143 Grand Lodge cannot require membership for one year. . . . 2561 Grand Lodge may establish Representative system 2562 Cannot vote by proxy 2563 Attending Grand Lodge must enroll name 1585 Not entitled to the Annual Traveling Password 2504 While acting as Noble Grand may communicate Semi- Annual Password 2539 Has same rank in Rebekah Lodge 3793 Expelled Past Grand not admitted to Grand Lodge 153 Index. 1207 PAST GRANDS— Continued. Section. Cannot be kept out of Grand Lodge while reading mintes. 7 To become member of Grand Lodge must be admitted and receive Grand Lodge Degree 1581 As to Past Grand's Degree. See Degrees. As to representatives. See Representatives. As to officers. See Officers. As to business of Grand Lodge and committees. See Business of Grand Lodge. As to installation. See Installation. As to credentials. See Credentials. As to initiation. See Initiation. PAST GRAND'S CHARGE: As to initiation. See Initiation. As to charge. See Charges and Lectures. PAST GRAND MASTER: See Jewels. Grand Lodge presents jewel to retiring Grand Master.... 1683 Rights of Past Grand Master of this Grand Lodge 2564 May serve on committees, vote and speak in Grand Lodge. 2564 Take part in business in Grand Lodge 2564 Official visits of Past Grand Master and honors of the Order 1591 As to obituary tablet and resolutions 2058 PAST GRAND REPRESENTATIVE: See Visitors and Visiting. PAST NOBLE GRAND: See Rebekah Branch. PAST NOBLE GRAND'S CHARGE: See Rebekah Branch. PAST OFFICIAL DEGREES:. See Degrees. PAST VICE-GRAND: See Degrees; Motions. PATRIARCHS MILITANT: See Prize Drills; Installa- tion; Regalia. PENALTIES: As to charges. See Trials. As to contempt. See Contempt. As to fines or charges. See Trials. As to fines of officers. See Fines. PER CAPITA TAX: See Rebekah Branch; Assessments. PERJURY: See Oflfenses; Trials. PERMANENT SECRETARY: See Officers. Hereafter to be designated Financial Secretary 2399 1208 Index. PERMISSION: See Dispensation. . Section. PETITION: Committee on Petitions a Regular Committee of Grand Lodge 2565 Appointed from members present at Grand Lodge session. 2565 Duties of Committee on Petitions 2566 Rights of Lodges 2566 Lodge's action not reviewed by Grand Lodge, when 122, 123, 131 Ex-parte petitions 131, 134, 135, 181 Petition for charter or warrant for Lodge, and instruc- tions relative thereto (Forms Nos. 1 and 2), page 1001. As to Rebekah Lodges. See Rebekah Branch, As to appeals. See Appeals. As to petition for membership. See Membership; Rebekah Branch. As to committee in Rebekah Assembly. See Rebekah Branch. PHOTOGRAPHS: Not allowed of the work of the Order 3362 As to Rebekah Degree. See Rebekah Branch. PHYSICIAN: When Lodge no right to engage one for specified sum and time 2568 Grand Lodge may make, by uniform constitutional pro- vision, an elective officer 2569 Or may authorize Lodge to determine by By-Laws the manner of selection 2569 When may employ one for one year 2570, 2571 Epidemic Lodge may hire physician 2572 Grand Lodge may give the right to Lodges to hire physi- cian 2573 Such physician to be at service of all members 2573 Lodge may charge fee for medical examination of appli- cant 2574 May retain fee in case applicant rejected 2574 Form of medical certificate (Form No. 19) 2575 His certificate as to applicant for membership 1781 Form prescribed by Grand Lodge 1781 Not compulsory on Lodge to use it or any 1781, 1782 Must be used, if any 1781 Lodge may add to the prescribed form 1781 When any physician's certificate may be used 1785 When his certificate may be required 1783 Index. 1209 PHYSICIAN— CoH/M/wrJ. Section. Such required physician's certificate not conclusive on Lodge 528 Must be sworn or obligated and testify as other wit- nesses 593 His certificate not admissible as evidence 601 His written statement not admissible as evidence 601 Physician when an officer subject to fine for absence 1404 His certificate may be required after favorable ballot 1784 May require his certificate in membership by initiation, reinstatement or otherwise 1785, 1930 Medical certificate for applicant — Odd Fellows' Home (Form No. 9) 2088 Lodge cannot assess to pay doctor's bill 205 A By-Law concerning doctors' certificates disapproved.. 788 PIANIST: Lodge may pay pianist for his services 1526 PICNICS; As to liquors. See Liquors. As to funds. See Funds. As to Sunday. See Sunday. As to anniversary of our Order. See Anniversary. PICTURES: See Funds. PLEA: See Trials. PLEASURE EXCURSION: See Funds. POLICE OFFICER: Funeral fine may be enforced against 1419 POLYNESIAN: Not eligible to membership 1773 POOLROOM: When one engaged therein is ineligible to membership... 1765 PORTRAITS: Of Grand Masters shall be in one size and style 2576 Special keeping of Grand Secretary 2576 PRAYER: Opening and closing of Lodge 2577 Cannot be required under penalties 2577 Cannot make it obligatory on Junior Past Grand to act as Chaplain 2578 Chaplain and his duties optional 2579 1210 Index. PRAYER— Continued. Section. Forms of prayer 2579 Form prescribed to be used, if any 2580 Form where may be found 2580 Prayer not part of initiation and not admissible 2581 As to Chaplain. See Chaplain. As to fines. See Fines, PRESIDENT OF REBEKAH ASSEMBLY: See Rebekah Branch. To report her decisions to the Grand Master 2185 Grand Master's actions or decisions thereon and his annual report 2185 PRESS AND SEAL: See Supplies. PRINCIPAL ON BOND: See Bonds. Not allowed in Lodge-room while action had on bond 726 PRINTING: Committee on Printing a regular committee of Grand Lodge 2582 Appointed from members present at Grand Lodge session. 2582 Duties of Committee on Printing 2583 Grand Secretary superintends such printing as Grand Lodge directs 2199 Lodge may pay for printing for celebrating our anni- versary Note to 27 As to journal. See Journal. PRIVATE AFFAIRS: See Benefits. Lodge no right to inquire into 460 Donations to meet demands of private business 1507 Private business matters 2096 PRIZE DRILLS: See Rebekah Branch. Cannot use Lodge funds for prizes for drills by Patriarchs Militant 1496 PROCESSION: Lodge not have a public one without permission of Grand Master 2584 Not applicable to funeral 2584 As to regalia. See Regalia. As to anniversary. See Anniversary. PROFANE LANGUAGE: See Offenses; Trials. PROFESSIONAL GAMBLER: See Gambler. Index. 1211 PROHIBITION: Section. As to sale of liquors, a political question 1715 Banished by our laws without our councils 1715 PROMISE: See Offenses. PROMISSORY NOTE: See Benefits. Is not a security in which Lodge funds may be invested. . 1445 Promissory note for dues and good standing 1570 PROPERTY OF THE LODGE: Deeds and mortgages, to whom made 2585 Manner of Lodges acquiring and holding real estate 1584 A method recommended 1584 Value of Lodge's property and investments. 2687 When Lodge may sell property 2587 When may give or donate plot in cemetery 2587 When may sell property to pay debts 2588 Grand Lodge and not Grand Master disposes of property of extinct Lodge 2193 As to funds. See Funds. Defective mortgage 2589 Court of Equity grants relief 2589 As to duties of Trustees. See Trustees. PROPOSITION FOR MEMBERSHIP: See Membership; Rebekah Branch. Propositions for, in Subordinate and Rebekah Lodges. See Supplies. PROXY: Past Grand cannot vote by proxy 2563 Member of Trial Committee cannot act by 2966 Member of Benefit Investigating Committee cannot act by 584 Officer cannot be installed by proxy 1633 Elective officer of Grand Lodge cannot be installed by proxy Note to 1619 PUBLICATION: See Newspapers. PUBLIC AMUSEMENT: See Amusement. PUBLIC CELEBRATIONS: See Celebration. PUBLIC EXHIBITION: See Rebekah Branch. PUBLIC INSTALLATION: See Installation. 1212 Index. PUBLIC LIBRARY: Section. Not legitimate to require dues for support of Note to 1706 Nor to make monthly donations to 1522 Nor to use funds to support 1522 PUBLIC PROCESSION:. See Procession PUBLIC MEETING: District Deputy Grand Master and dispensation to hold.. 1198 PUNISHMENT: As to charges. See Trials. Removal of officers. See Officers. As to fines of officers. See Fines. As to fines in other matters. See Fines. QUARANTINE: Brother not sick, placed in quarantine, not entitled to benefits 549 QUESTION BOOK: See Supplies. QUESTIONS: Grand Master not to answer certain questions 2590 Abstract questions upon hypothetical propositions 2591 Hj'pothetical questions 2592 Certain questions referred to Committee on State of the Order 2593 Questions must be written and in duplicate 2594 Copy of By-Laws must accompany question 2595 Certain questions not to be entered on Journal 2596 QUORUM: In Grand Lodge 2597 In Subordinate Lodge 2598 A By-Law requiring more than a quorum is void 2598 When no quorum, Noble Grand should declare Lodge closed 2599 Officer attends no quorum — Honors of the office 1076 When Noble and Vice-Grand absent and no Past Grand present 2794 As to minutes and records. See Minutes and Records. As to fines. See Fines. As to Rebekah Lodges, See Rebekah Branch. RACE: See Membership. RACE: Lodge cannot use its funds for foot or bicycle races 1489 Index. 1213 RAFFLES: See Lottery. Section. RAILROAD: Illegal to give money to help raise bonus to build 1451 Illegal to donate funds to help build an electric railroad. 1450 As to railroad fare. See Funds. Employe of and Trial Committee 2972 Railroad ticket — Hearsay evidence 3067 RANK: Refers to the highest grade or title attained 2600 Title or rank to be placed after brother's name 2600 Should be expressed on face of cards 797 Should appear in diplomas Note to 1158 Dismissal Certificates should state rank ... 1174 Rank or degree of applicant 1905 Expelled member when reinstated 1945 READING: Persons who cannot read may be initiated 1788, 1796 READMISSION: See Membership. REAL ESTATE: See Funds. Funds may be used to purchase 1448 REASONABLE DOUBT: See Trials. REBALLOT: See Ballot and Voting; Rebekah Branch. REBEKAH BRANCH: Page. 1. Rebekah Degree Code, as amended 1905 1213 2. Laws and decisions 121.^ 3. Constitution of Rebekah Lodges 1231 4. Constitution of Rebekah Assembly 1241 1. Rebekah Degree Code, as Amended 1905. Rebekah Degree Code revised and adopted 3368 Rebekah Code, as amended 1905, inclusive 3368 Objects and purposes of Rebekah Lodges 3368 Sovereign Grand Lodge, Supreme (Sec. 1), page 828. Grand Lodges may institute Rebekah Lodges (Sec. 2), page 829. Who may serve as instituting officer (Sec. 3), page 829. Grand Sire's power (Sec. 4), page 820. Cannot be chartered by name of living person (Sec. 5), page 829. Petition for warrant for Rebekah Lodge and instructions relative thereto (Form No. 3), page 1004. 1214 Index. REBEKAH BRAffCH— Continued. Section. Who eligible to membership (Sec. 6), page 829. Initiation (Sec. 7), pag^e 830. Equal rights (Sec. 8), page 830. On whom Rebekah Degree conferred (Sec. 9), page 830. By what Lodge conferred (Sec. 9), page 830. Brother's membership (Sec. 10), page 830. Duty of Secretary to notify Subordinate Lodge (Sec. 10a), page 830. Duty of Secretary of Subordinate Lodge to notify Rebekah Lodge (Sec. 10a), page 830. Officers of Rebekah Lodge (Sec. 11), page 831. Who eligible to office (Sec. 12), page 831. Terms of officers (Sec. 12), page 831. Service in office and honors (Sec. 13), page 832. Powers and privileg-es of Rebekah Lodges (Sec. 14), page 832. To confer the Degree of Rebekah (Sec. 15), page 832. To elect and appoint officers (Sec. 16), page 832. Fees and dues (Sec. 17), page 832. Payments and disbursements (Sec. 18), page 832. By-Laws and rules of order (Sec. 19), page 833, Meetings (Sec. 20), page 833. Forms of charter (Sec. 21), page 833. Returns (Sec. 22), page 833. Reinstatement and Dismissal Certificate (Sec. 23), page 833. Voting and balloting (Sec. 24), page 833. When rejected applicant may r-enew application (Sec. 24), page 833. Regalia and jewels for Rebekah Lodges (Sec. 25), page 834. Regalia and jewels for Rebekah Assembly (Sec. 25), page 836. Cards and Dismissal Certificates and Defunct Certifi- cates (Sec. 26), page 838. By what bodies and officers degrees conferred (Sec. 27), page 838. Surrender of charter (Sec. 28), page 838. Quorum (Sec. 29), page 838. Grand Lodge and charter members of Rebekah Lodge (Sec. 29), page 838. Rebekah Assemblies (Sec. 30), page 839. Officers of Rebekah Assembly (Sec. 31), page 839. Appeals from Rebekah Assemblies (Sec. 32), page 839. Membership of Rebekah Assembly (Sec. 33), page 839. hiDEK. 1215 REBEKAH BRANCH— Continued. Section. Rebekah laws (Sec. 34), page 840. Certain laws made applicable (Sec. 34), page 840. Rebekah Lodge laws apply to all members alike (Sec. 34), page 840. Repeal of prior laws (Sec. 35), page 840. Rebekah Code revised and adopted September 22, 1900. (Note to Sec. 35), page 840. Repeal applicable to all laws prior thereto (Note to Sec. 35), page 840. Watching with the sick (Sec. 36), page 840. Semi-Annual Password (Sec. 37), page 841. Rebekah Traveling Password (Sec. 38), page 841. 2. Laws and Decisions. ADMISSION TO ONE'S OWN LODGE: May enter without password 3369 Right to enter one's Lodge 3370 ANNIVERSARY: The 20th of September recognized as anniversary of Rebekah Degree 3371 September 20th its natal day 3371 To be annually celebrated and commemorated 3371 ANNUAL PASSWORDS: See Passwords. APPEAL TO GRAND LODGE: Rereferred to new committee for trial — Appeal 3372 The appeal did not stay proceedings 3372 It was premature — Appeal did not lie 3372 Notice and grounds of appeal required 3373 No statement of grounds, ineffectual and dismissed 3373 Dismissal of charges and appeal 3374 Appeal must be taken within two weeks 3375 Grand Lodge may grant power 3376 APPEAL TO SOVEREIGN GRAND LODGE: Must first appeal to Grand Lodge 3377, 3378 Cannot appeal directly to Sovereign Grand Lodge from Grand Master's decision 3378 APPELLATE POWER: Grand Lodge may empower Rebekah Assembly to hear appeals 3379 ARREARS: See Dues; Installation; Password. 1216 Index. REBEKAH BRANCH— Continued. Section. ASSEMBLY: See Rebekah Assembly. ASSEMBLY DEGREE: Presidents may confer 3380 Special session to confer 3381 Upon whom may be conferred 3382 ASSESSMENTS: Grand Lodge may authorize Rebekah Assembly to levy per capita tax 3383 Lodge instituted prior to June 30th 3384 Rebekah Lodge cannot levy funeral assessment 3385 Per capita tax as to inmate of Odd Fellows' Home 3386 BALLOT AND VOTING: Who to preside at balloting 3387 Vice-Grand's duty as to balloting 3388 Balloting and Right Supporter of Vice-Grand 3389 Passing ballot-box to Noble Grand and Vice-Grand 3390 Black balls and ballot-box 3391 Withdrawal Card — Black and white balls and ballot-box.. 3392 Not compelled to admit applicant — Must ballot 3393 No appeal in case of rejection 3393 Right to cast black balls 3394 Number of black balls required to reject 3395 Secrecy of the ballot 3396 Number of black balls not to be told 3397 Not to tell that a person was blackballed 3398 Members should vote 3399 Members must vote if Lodge refuse to excuse 3400 Application for membership and vote of Noble Grand 3401 Payment of arrears entitles one to vote 3402 Must ballot in case of unfavorable report of committee, . . 3403 When may receive proposition and ballot at special meet- ing by dispensation 3404 Separate ballot for each applicant 3405 May reconside'r a favorable ballot 3406 Motion to reconsider 3407 Reconsidering ballots and rules of order 3408 Voting to reconsider 3409 A new ballot 3410 More balls or cubes cast than members present 3411 Reballot and two black balls 3412 Petition of members for reballot illegal 3413 Elected to become a member — lapse of time — reballot 3414 Index. 1217 REBEKAH BRANCH— Continued, Section. Voting on Withdrawal Card 3415 Mode of voting 3416 Viva voce votes 3417 Voting on reports 3418 Right to vote in Rebekah Assembly 3419 BENEFITS: Rebekah Lodges cannot pay sick or funeral benefits or expenses 3420 May make charitable donations 3420 Sickness — care and attention 3421 As to nurses and watchers. See Nurses and Watchers. BY-LAWS OF REBEKAH LODGE: Changing the amount of dues 3422 Approval of Committee on Laws of Subordinates necessary 3422 Amendment not presented to such committee 3423 When By-Laws of Rebekah Lodge are in force 3424 Motion to adopt By-Laws of another Rebekah Lodge till Lodge prepares its own 3425 Noble Grand should enforce the By-Laws 3426 Grand Lodge can grant power to President of Rebekah Assembly to approve 3427 CARDS: May withhold Withdrawal Card pending investigation.. 3428 Can refuse Withdrawal Card 3429 Live Withdrawal Card from Subordinate Lodge and mem- bership in Rebekah Lodge 3430 Holder of Withdrawal Card from Subordinate Lodge and also from Rebekah Lodge 3431 CARD PLAYING: For amusement during recess in Lodge-room 3432 Should be determined by each Lodge 3432 Not lawful to play in ante-room during session 3433 CERTIFICATES: See Official Certificates; Dismissal Certifi- cates. CHARGES: See Trials. CHARTER OF REBEKAH ASSEMBLY: See Rebekah Assembly. 77 1218 Index. REBEKAH BRANCH— Continued. Section. CHARTER AND CHARTER MEMBERS: Rebekah Assembly and power to charter Lodges 3434 Rebekah Assembly and power to revoke charter 3435 President of Rebekah Assembly and power to reclaim charter 3436 Surrender of charter 3437 Grand Lodge and number of applicants 3438 Refusal of charter and membership 3439 Signing charter — President and Secretary of Rebekah Assembly 3440 Certain consent necessary for new Lodge 3441 Consent to institution of new Lodge before taking With- drawal Cards 3442 When members may apply for such consent of their own Lodge i 3443 Who must apply for warrant to institute 3444 Withdrawal Cards and certificates of resignation 3444 Initiatory Degree — charter member 3445 Rejected applicant and charter member 3446 To be charter member must be present at institution 3447 At institution all charter members are eligible to office.. 3448 When no Past Noble Grand at institution 3449 Any member in good standing may fill Past Noble Grand's chair 3449 Election— Past Noble Grand 3450 To exemplify the secret work 3451 Past Grand Master of another jurisdiction 3451 A sister as instituting officer 3452 Charter fee 3453 Report of institution of new Lodge 3454 D. D. G. M. who is not a member of a Rebekah Lodge. . . 3455 Charter refused to those who fail to respect authority of Grand Lodge 3456 Forfeiture of charter 3457 CHILDREN: When excluded from Lodge-room 3458 COMMITTEES: Arrearages for dues, does not excuse from serving on committee 3459 CONSOLIDATION OF LODGES: Members consolidating into, not required to sign Con- stitution 3460 When Lodge cannot consolidate 3461 Index. 1219 REBEKAH BRANCH— Con/iMK^d. Section. CONSTITUTIONS: Of Rebekah Assembly when adopted and amended 3462 Affixed to this Digest 3462 Indexed under the head Rebekah Branch 3462 Of Rebekah Lodges when adopted and amended 3463 Affixed to this Digest 3463 Indexed under the head of Rebekah Branch 3463 CONTEMPT: New trial — accused fails to appear 3464 Accused appeared before Trial Committee and failed to appear thereafter 3465 CONTINGENT FUND: See Funds. COUNSEL: Before Trial Committee, must be an Odd Fellow in good standing 3466 Before Trial Committee need not be member of a Re- bekah Lodge 3466 Must be member of Rebekah Lodge to appear in Rebekah Lodge 3466 DEGREES: See Rebekah Degree; Assembly Degree. DEGREE STAFF: Officers have the right to their positions upon 3467 Who qualified to act on 3468 Conductor has the right to hold his position in 3469 When ordered to vacate by Noble Grand and captain of team 3469 When officers should surrender their collars 3470 Degree team of Subordinate Lodge — paraphernalia or robes 3471 DECISIONS: See President of Rebekah Assembly. DISMISSAL CERTIFICATES: For Rebekah Lodges sold as other Dismissal Certificates 3472 No ballot in granting 3473 Suspended for non-payment of dues right to 3474 Fee for 3474 To whom issued 3475 Resignation and Dismissal Certificate 3475 1220 Index. REBEKAH BRAfiCH—Conttnued. Section. DISPENSATIONS: Grand Master's power to issue to Rebekah Lodges 3476 May issue the same as he may issue to Sub. Lodges 3476 Nomination, election, installation — D. D. President 3477 No dispensation to install one not nominated or elected. . 3478 No dispensation to reduce admission fee 3480 District Deputy Grand Master cannot issue to receive peti- tion, ballot and initiate same evening 3479 Series of socials — dispensation required for each 3481 Should be in writing 3482 Requests for should be in writing 3482 District Deputy Presidents cannot grant for joint installa- tion with Subordinate Lodge 3483 May grant to hold public installations 3483 Grand Lodge may delegate power to President of Re- bekah Assembly to grant 3484 No dispensation to raffle a ring for benefit of Orphans' Home ■ 3485 Sale of tickets for benefit of Orphans' Home 3486 DISTRICT DEPUTY GRAND MASTER: See Officers of Rebekah Assembly; Work of the Degree. DISTRICT DEPUTY PRESIDENT: See Officers of Re- bekah Assembly; Dispensations; Installation; Rebekah Degree. DUES: Are fixed by the By-Laws of Rebekah Lodges 3487 Commence from date of signing Constitution 3487 Cannot be set aside by motion — fractions of months 3487 When names of members in arrears should be read 3488 Cannot suspend member till more than twelve months in arrears 3480 Cannot suspend for non-payment of dues inmate of insane asylum 3490 Inmate of Odd Fellows' Home — dues and suspension 3491 What laws of Sovereign Grand Lodge govern Rebekah Lodge 3492 All relating to suspension for non-payment of dues 3492 FEES: No dispensation to reduce admission fees 3493 When admission fee to be returned 3494 Index. 1221 REBEKAH BRANCH— Continued. Section. FINANCE COMMITTEE: Duty to examine all bills and accounts 3495 When minority report cannot be accepted 3496 FLAG: Rebekah Lodge can purchase and use one 3497 FUNDS AND PROPERTY: Rebekah Lodge funds are trust funds 3498 For relief of distress and kindred purposes mentioned in Rebekah Code 3498 Not proper to vote money from its general funds for refreshments 3498 When entertaining other Lodges or at installation 3498 May make such expenditures from its contingent fund.. 3498 May use general fund for flowers for sick or deceased members 3499 Nurse fund for sisters 3500 May use funds to aid institution of new Rebekah Lodge. . 3501 May expend funds for robes 3502 May pay bill for services rendered 3503 May spend money for Veteran jewels for members 3504 Cannot expend money for jewels for member except.... 3505 Cannot donate to Christian Endeavor Society 3506 Cannot use its money for present to District Deputy President 3507 When cannot make present to Subordinate Lodge 3508 Traveling expenses of installing officers 3509 Traveling expenses of District Deputy President 3509 Donation by Subordinate Lodge for paraphernalia 3510 When Subordinate Lodge cannot buy tickets for concert or ball 3510 May set aside five per cent of dues for special or con- tingent fund 3511 When may draw the five per cent from general fund 3512 Cannot borrow from general fund and transfer same to contingent fund 3512a Money from socials and entertainments 3513 Funds cannot be appropriated for a ball, supper, enter- tainment 3514, 3515 Or party or any other amusement 3514, 3515 Special or contingent fund may be used for such purposes 3514 General fund cannot be used for music for a party 3515 FUNERAL: Proper badges for brothers and sisters 3516 1222 Index. REBEKAH BRANCH-^Conlinued. Section. FUNERAL BENEFITS AND EXPENSES: See Benefits. GRAND LODGE: Cannot delegate entire control of Rebekah Branch to Rebekah Assembly 3517 Meetings to exemplify work 3518 The same — member of Grand Lodge 3519 Degree of Rebekah should not be rehearsed in 3520 Those not in possession of it, no right to witness it.... 3520 GRAND MASTER: His powers and authority as to Rebekah Lodges 3521 May issue same dispensations as he may issue to Subor- dinate Lodges 3521 Possesses same powers as he possesses in regard to Subordinate Lodges 3521 GRAND REPRESENTATIVES: Required to report in writing to Rebekah Assembly 3522 Elected delegate to Rebekah Assembly 3523 HONORS OF THE DEGREE: Given to officers of the Rebekah Assembly and Grand Lodge when visiting officially and when so announced 3524 This includes officers conducting installations 3524 WTien not visiting officially should not officially announce 3524 Elective officers outside of their own jurisdiction 3525 District Deputy President when visiting officially entitled to 3526 When admitting new members 3527 When may illustrate the same 3527 HONORS OF THE OFFICE: See Officers. INITIATION: See Rebekah Degree. INSIGNIA: A sister of Rebekah Degree may wear the Three Links.. 3528 INSTALLATION: May fill positions in, with lady Past Noble Grands 3529 Cases of emergency, who may act 3530 Installing officers should be Past Noble Grands 3531 Escorts and minor officers need not be 3531 Cannot install officers before first regular meeting of term 3532 Duty of District Deputy President 3533 Index. 1223 REBEKAH BRANCU—Continued. Section. When Past Grand may install 3535 When officers not elected 3534 District Deputy President may cause Lodge to nominate and elect 3534 After which she may install them 3534 When Past Grand or Past Noble Grand may install 3536 When District Deputy President absent 3536 Past Noble Grands 3537 Member in arrears for dues cannot be installed 3538 When Noble Grand-elect absent 3539 Who may be present at 3540 District Deputy President cannot grant dispensation to install one not nominated or elected 3541 Such action is inexcusable 3541 When member not qualified or eligible elected to office.. 3542 District Deputy should not install him or her 3543 Joint installation — Subordinate Lodge — Rebekah Lodge.. 3543 Charges and installation of Vice-Grand 3544 Vice-Grand must know unwritten work 3545 Unwritten work and the charge of office 3546 Deputy not to install one who has not committed the same to memory 3546 Examination as to work — Past Noble Grand 3547 Traveling expenses of installing officers 3548 Traveling expenses of District Deputy President 3548 Installation in Subordinate Lodge 3549 Rebekah Lodge not subject to Constitution of Subordi- nate 3550 As to dispensations. See Dispensations. As to District Deputy President. See District Deputy President under the head of Officers. INSTITUTION: See Charter. JEWELS: Of Past President of Rebekah Assembly 3551 Rebekah Veteran jewel, who entitled thereto 3552 Rebekah Veteran jewel 3553 Grand Secretary of Sovereign Grand Lodge sells on order of Secretary of Rebekah Assembly 3554 Sister cannot wear or own District Deputy Grand Mas- ter's jewel 3555 As to funds. See Funds. LIQUORS: Sec Membership. 1224 Index. REBEKAH BRANCH— Continued. Section. LOTTERY: Unlawful for Rebekah Lodge to hold a raffle 3556 MARRIAGE: See Name; Membership. MEETINGS: See Rebekah Lodge. MEMBERSHIP: Person may be proposed for membership by a member of another Rebekah Lodge 3557 Report of Investigating Committee — names of committee 3558 Discharge of Investigating Committee 3559 Favorable ballot when committee reports unfavorably. . 3560 Unfavorable report, Lodge must ballot 3560 Residence of applicant 3561 Residence of brother 3562 Time or duration of residence 3563 Resident of another State 3564 Wives of Odd Fellows white women 3565 A wife under eighteen years of age 3566 Age of candidates for membership 3567 The eighteen-year-age limit 3568 When unmarried woman eligible 3569 When black balling an unmarried woman is an oflFense.. 3684 Certificate of relationship from unmarried women 3570 A widow eligible .• 3571, 3572 Grass widow ineligible 3573 When wife of non-Odd Fellow ineligible 3574 Divorced woman 3575 When wife of Odd Fellow living separate from husband is eligible 3576 Daughter, sister and mother of Odd Fellow 3577 Legally adopted daughter of Odd Fellow 3578 Stepmother of Odd Fellow 3579 A married stepdaughter 3580 A wife a halfbreed Indian 3581 Daughter of saloon-keeper 3582 Saloon business prior to September 18, 1895 3583 A saloon-keeper — a bar-keeper 3584 Brother of the Initiatory Degree 3585 One who received degree married a non-Odd Fellow 3586 Expelled members 3587 Suspended or expelled and Dismissal Certificate 3588 How reinstated 3588 When wife of expelled member ineligible 3589 Index. 1 225 REBEKAH BRANCH— Con/imm^-^. Section. Expelled member to regain membership 3590 How members of defunct Lodges may regain member- ship 806 to 810 Holder of Grand Lodge Card 3592 Wife of Odd Fellow holding unexpired or expired With- drawal Card 3593 A sister holding expired Withdrawal Card 3594 Lady holding expired or unexpired Withdrawal Card, marries 3595 Expired Withdrawal Card— defunct Lodge 3596 Elxpired Withdrawal Cards of husband and wife 3597 Withdrawal Cards from Subordinate and Rebekah Lodges 3598 Wife and husband hold Withdrawal Cards from Rebekah Lodge 3599 Eligibility of husband and wife when husiband's Subordi- nate Lodge becomes defunct 3600 Wife — husband — Subordinate Lodge refused charter 3601 Wife of a suspended member 3602 By deposit of card 3603 By deposit of card when card lost 3604 Introducing members by card 3605 Visiting Card — official certificate 3606 New law of transfer of membership by card 3607 Does not apply to Rebekah Branch or Rebekah Lodges. . . 3607 Visiting Card Note to 1889, 3608 A brother an applicant and certificate of good standing.. 3609 Certificate of good standing — official receipt 3610 Certificate of good standing — Withdrawal Card 3611 Wife an applicant and certificate of husband's good standing 3612 Wife of member of Rebekah Lodge — certificate 3613 Reinstating suspended sister — certificate 3614 Applicant who did not sign thie application for member- ship 3615 Candidate must present petition 3616 Applicant without proper certificate rejected 3617 Such rejected applicant cannot renew his application for six months 3618 Rejected applicant cannot apply again within six months. . 3619 Rejected applicant and charter member of new Lodge 3620 Refusal to reinstate 3621 Application to another Lodge upon Dismissal Certificate. 3621 Persons elected must present themselves for initiation within a reasonable time 3622 Elected applicant — lapse of time — reballot 3623 122G Index. REBEKAH BRANCH^Continucd. Section. Elected applicant — return of initiation fee 3624 Initiation fee returned 3625 Illegally initiated 3625a A member illegally joins another Lodge 3626 Sister illegally initiated 3627 A lady ineligible initiated 3628 Standing of husband and wife's standing 3629 A sister marries a non-Odd Fellow 3630 A sister's rights to office and membership — husband.... 3631 Brother's Withdrawal Cards and membership 3632,3633 A brother's standing in the Rebekah Lodge 3634 Withdrawal Card — dues — suspension 3635 Expelled or suspended in Subordinate Lodge 3636 When brother suspended for a year for cause 3637 Suspended for cause in Subordinate Lodge 3638 Resigns from Subordinate Lodge 3639 Suspended for non-payment of dues in Subordinate Lodge — reinstatement 3640 Husband suspended by Rebekah Lodge — wife 3641 Sovereign Grand Lodge laws relating to reinstatement.. 3642 By-Laws and terms of reinstatement 3643 Grand Lodge's control of the question 1914, 1915 Reinstatement within one year 3645 Amount of dues to be paid to be reinstated 3646 Introduction — reinstatement 3647 When cannot refuse to reinstate 3648 A sister who marries a non-Odd Fellow and thereafter suspended — reinstated 3649 Suspended for non-payment of dues — marries — reinstated 3650 Husband and wife suspended by Rebekah Lodge 3651 Wife restored to membership 3651 Husband suspended by Subordinate Lodge 3652 Wife suspended — ^wife reinstated 3652 How suspended member may join another Lodge 3653 Suspended for non-payment of dues — initiation 3654 Suspended for non-payment of dues, initiation and election to office 3655 Suspended for non-payment of dues and initiation 3656 Members suspended for non-payment of dues and mem- bers of defunct Lodge 3657 Lodge may refuse to reinstate expelled member 3658 May resign without taking Withdrawal Card 3659 No cancelling of membership by erasing name 3660 Resignation must be in writing — no expense 3661 Certificate of resignation 3663 Index. 1227 REBEKAH BRANCH— Continued. Section. When must accept resignation 3663 Cannot be compelled to apply for Dismissal Certificate or card 3663 Entitled to certificate of resignation without charge 3663 May resign before applying for Withdrawal Card 3664 May apply for membership after resignation 3665 Resigned member how readmitted 3666 Resigned member applying for admission to same Lodge. 3667 Members of Lodge whose charter was arrested 3668 Receiving proposition, acting on report or balloting at special meeting 3404 Former member on again becoming a member must sign the Constitution 3670 No "non-beneficial members" in Rebekah Branch 3671 MINUTES AND RECORDS: Keeping minutes on slips of paper — approval 3672 Must not be mutilated or torn 3673 Reading and admission to Lodge 3674 NAME OF LODGE: The name of a living person not to be chosen 3675 Neither Christian or surname 3675 NAME OF A SISTER: Change of name by marriage — duty of Secretary 3676 NEWSPAPERS: Lodge may use contingent fund for fraternal paper for each of its members 3677 Fraternal Press — Grand Lodge 3678 NURSES AND WATCHERS: Rebekah Lodge may provide for nurse fund for sisters.. 3679 When a sister becomes in arrears for dues 3680 Attentive benefits 3681 Hiring a nurse or watcher for a sister 3682 Subordinate Lodge and sick sister 3683 OFFENSES: When an oflfense to blackball an unmarried woman 3684 Threats to blackball an unmarried woman not related to an Odd Fellow 3685 Statement as to intent to blackball candidate 3686 Conspiracy to blackball applicants 3687 Casting two blackballs at one balloting 3688 1228 Index. REBEKAH BRAfiCH— Continued. Section. Noble and Vice-Grand and secrecy of the ballot 3689 Slander 3690 Noble Grand declaring rejected applicant elected 3691 Improperly obtaining password 3692 OFFICERS OF REBEKAH ASSEMBLY: President's duty as to questions of law and usage 3796 To report her decisions to Grand Master 3796 Honors as Past President, when entitled to 3694 Right to hold office 3695 When Rebekah Assembly may provide that only Past Noble Grand and Past Grand may hold office 3695 District Deputies — Lady Past Noble Grands 3696 District Deputies — ^^President of Rebekah Assembly 3697 Titk of District Deputy^ appointed by President 3698 District Deputy — Past Grand 3699 District Deputy Presidents — Rebekah Assembly. 3700 District Deputy and Withdrawal Card 3701 Expenses of District Deputy 3702 Expenses of District Deputy attending installation 3703 Decision of District Deputy 3704 District Deputy President and Lodge seal 3705 Resignation of Noble and Vice-Grand 3706 District Deputy President cannot in such case as such take the chair 3706 Officers of Rebekah Assembly may hold offioe in Rebekah Lodge 3707 Same person may hold office of Secretary and District Deputy 3708 Right of elective officers to introduce visitors from another jurisdiction 3899 As to Orphans' Home. See Orphans' Home 2481 Secretary of Rebekah Assembly is Secretary of Trustees Orphans' Home (Rule 8), page 633. Duties as such (Rule 10), page 633. Treasurer of Rebekah Assembly is Treasurer of Trustees Orphans' Home (Rule 8), page^ 633. Duties of (Rule 11), page 633. OFFICERS OF REBEKAH LODGE: When officers not elected 3710 District Deputy President may cause their election 3710 And then install them 3710 Officers must be elected each term 3711 New Lodge — election of officers 3712 Index. 1229 REBEKAH BRANCH— CoM^mu^d. Section. Only members o£ the Lodge can be elected or appointed to office 3713 An absent elective officer cannot select a member to act for him or her 3714 Duty of Noble Grand 3714 Vice-Grand for remainder of term — election 3715 When all nominees have declined 3716 Nominee may vote 3717 A member not present may be nominated 3718 Unless By-Laws provide otherwise 3718 A member not present may be elected 3719 Unless By-Laws provide otherwise 3720 Member may decline nomination 3721 Arrears for dues and office 3722 Eligibility to office in new Lodge 3723 First term of new Lodge — Past Noble Grand's chair 3724 At institution when no Past Noble Grand present any member in good standing may fill Past Noble Grand's chair 3724 At institution of new Lodge cannot elect to office of Past Noble Grand 3725 Past Noble Grand — first term of Lodge — Vice-Grand 3726 Past Noble Grand not an officer 3727 Past Vice-Grand of any Lodge eligible to Noble Grand.. 3728 Vice-Grand for unexpired term and honors of office.... 3729 Service of Vice-Grand — residing at distance from Lodge. . 3730 Election of Noble Grand from floor 3731 Dispensation to elect when all qualified refuse to serve 3732 Past Vice-Grand in nomination — An ineligible member elected 3733 Service in an appointive office in any Lodge 3734 An appointed officer must be installed 3735 To qualify for elective office 3735 Junior Past Noble Grand may hold office of Financial Secretary 3736 Officers of Rebekah Assembly may hold office in Rebekah Lodge 3737 District Deputy can hold office of Recording Secretary.. 3738 Service required for honors of Past Noble Grand 3739 When Noble Grand becomes Past Noble Grand 3740 Past Noble Grand and installation 3741 Re-election as Noble Grand 3742 Insufficient service as Noble Grand 3743, 3744 Honors of office and not signing the Constitution 3745 Majority of meeting nights of a term 3746 1230 Index. REBEKAH BRANCH— Continued. Section. Sickness when an excuse for absence 3747 Absence at roll call and honors of office 3748 Noble Grand who served except last two meeting nights 3749 Noble Grand absent the last of the term 3750 Elected to fill a vacancy and honors of Past Noble Grand 3751 When Lodge becomes defunct during term 3752 Minutes failing to show sickness was excused 3753 Meetings prohibited by government 3754 Absence of officer and vacancy 3755 Who should preside 3756 When duty of Vice-Grand to preside 3757 Scene Supporter, Altar Bearer, Banner Bearer 3758 Altar Supporter 3759 Salary of Outside Guardian 3760 Notice when brother joins Rebekah Lodge 3761 Duty of Recording Secretary of Subordinate Lodge 3761 Not subject to Constitution of Subordinates 3762 OFFICIAL CERTIFICATE: Must be used 3763 Illegal to use rubber stamp in signing name 3764 Noble Grand must sign and seal be affixed 3765 Husband and wife — Separate official certificate 3766 Not necessary to have order for password in addition to official certificate 3767 Used in lieu of Visiting Card 3768 When dues paid to a date later than when it is presented. . 3768 Password when holders of, entitled to semi-annual pass- word 3791 When entitled to annual password 3791 ORGANIST: See Pianist. ORPHANS: See Orphans' Home, Sections 2481, 2483. PARAPHERNALIA: See Work of the Degree. PASSWORDS: At opening of Lodge — Noble Grand — Warden 3770 Noble Grand gives password to Warden 3770 •What passwords required upon opening 3771 When Conductor may assist Warden in taking up 3772 Noble Grand may give password outside of Lodge-room.. 3773 Noble Grand's power to communicate 3774 Duty of Noble Grand to communicate passwords 3775 When Noble Grand may delegate power to communicate 3775 Index. 1231 REBEKAH BRANCH— Continued. Section. When Noble Grand may authorize password to be com- municated 3776 Password and arrears 3777 VJce-Grand and password 3778 Noble Grand out of jurisdiction — Vice-Grand's power 3779 Password burt no installation 3780 Not compelled to receive password 3781 One may enter or sit in his or her Lodge without it 3782 When annual password given by Noble Grand 3783 How annual password communicated 3784 Noble Grand must personally communicate it to visitors. . 3785 Passwords in Rebekah Lodges 3786 Proper password — Withdrawal Card and visiting 3787 When order for password required 3787 Withdrawal Card and password 3788 Annual traveling password 3789 Orders for annual and semi-annual passwords for Rebekah Lodges 3790 Forms therefor — Form Nos. 17 and 18 affixed to this Digest 3790 Annual password, semi-annual password 3791 Official certificates and Visiting Cards \ . . 3791 When Noble Grand may communicate password on Vis- iting Card 3791 When on official certificate 3791 District Deputy cannot give to visitors 3792 He can give to proper officers at installation 3792 PAST GRANDS: See Rebekah Lodge; Officers of Rebekah Assembly. Rank in Rebekah Lodge 3793 PAST NOBLE GRAND: See Officers of Rebekah Lodge; Officers of Rebekah Assembly. PAST NOBLE GRAND'S CHARGE: See Rebekah Degree. PRESIDENT OF REBEKAH ASSEMBLY: See Questions; Officers of Rebekah Assembly. PIANIST: Salary of Organist or Pianist 3794 Lodge may engage a member of another Lodge 3795 May place her name on the roll-book 3795 Pianist is not an officer of the Lodge 3795 1232 Index. REBEKAH BRANCH— Continued.. Section. QUESTIONS: Questions to and decisions by President of Rebekah Assembly 3796 Must be submitted to such President in writing and under seal of Lodge 3796 Does not apply to the work of Rebekah Branch 3796 President must report her decisions to Grand Master 3796 Grand Master must embody his decisions thereon in his annual report 3796 QUORUM: See Rebekah Lodge. RAFFLES: See Lottery. RECONSIDERATION: See Ballot and Voting. REBEKAH ASSEMBLY: See Assembly Degree. Charter, institution, etc 3797 Past officers of Rebekah State Convention 3797 Only authorized Rebekah Grand Body 3798 Legislative work and voting for officers 3799 Who entitled to take part in legislative work 3799 Who entitled to vote 3799 Its authority over Rebekah Lodges 3800 Grand Master and official visits 3801 Who may be members thereof 3802 Sovereign Grand Lodge prescribes form of charter 3803 REBEKAH DEGREE: See Work of the Order. An integral part of Odd Fellowship 3804 Must be conferred in Lodge electing candidate 3805 Resident of another jurisdiction 3806 As to membership. See Membership. Cannot authorize another Lodge to confer 3807 Special meeting may be called to initiate 3808 When former member may be initiated 3809 A deaf person 3810 Robes must be worn during initiation 3811 When team wear white dresses must wear regalia 3811 Brother entering for initiation must wear Subordinate Lodge regalia 3812 Brother and initiatory work 3813 Vice-Grand's charge must be given at initiation of a brother 3814 Optional to read or recite obligation 3815 Obligation by whom administered 3816 Index. 1233 REBEKAH BHANCK— Continued. Section. Instructions how to enter Lodge 3817 New Lodge and Past Noble Grand's charge 3818 When at institution no Past Noble Grand present 3818 When any member in good standing may fill Past Noble Grand's chair 3818 After first term — Past Noble Grand's charge 3819 Who may deliver Past Noble Grand's charge 3820 A qualified past officer may confer the degree 3821 When Noble Grand absent 3822 Officers at initiation 3823 When initiation complete 3824 German Lodge may give degree in English 3825 REBEKAH LODGE: An independent organization 3826 Rebekah Lodge the proper title 3827 Rebekah Lodge not called a Subordinate Lodge 3828 When special meetings, illegal 3829 Can only transact at special meetings certain business... 3830 Meetings — Past Grands and presiding officers 3831 Who has charge of the door 3832 Admission wi-thout term word 3833 Addressing the chair 3834 RECESS: Resolution not to allow any one not a Rebekah to enter during 3835 Sisters admitted to Subordinate Lodge 3835 REGALIA: Brothers and sisters regalia 3837 Floral bouquets in lieu of regalia 3838 Encampment regalia 3839 Regalia of brothers 3840 A brother an officer and regalia 3841 Noble Grand of Rebekah Lodge and Suibordinate Lodge regalia 3842 Sister Noble Grand and regalia of Noble Grand of Sub- ordinate Lodge 3843 Noble Grand of Subordinate Lodge 3844 Sister Past Noble Grand and Pasit Grand collar 3845 One cannot vote unless in regalia 3846 Regalia locked in wardrobe 3847 Officers must wear their regalia 3847 Rebekah Assembly and regalia 3848 Lodge may make its own regalia 3849 78 1234 Indkx. REBEKAH BRANCH— Continued. Section. REINSTATEMENT: See Membership. REJECTIONS: See Membership. REPORTS AND RETURNS: When annual and semi-annual reports to be adopted 3850 Failure to make returns — Grand Lodge — Penalty 3851 Blank forms for reports 3852 RESIGNATION: See Membership. RITUALS: Cannot be taken from Lodge-room even for binding 3853 Rebekah rituals for Rebekah Lodges only 3854 Canno