4 § 42 CONSTITUTION 33 a Lodpe is not exempt from Grand Lodge dues on account of such member. (1917, p. 281.) 41d. Resolved, that the Endowment Fund be invested only in Federal, State, County or municipal bonds legal for savings banks. (Proceedings, 1919.) 41e. If the candidate die, or is stopped after receiving the first degree and before being raised, the $20 Home contribution cannot be remitted. That amount is payable on all who receive the first degree. (1920, p ) Lodges in arrears to be reported : Sec. 50, sub. 6. Lodges, property of dissolved. Sec. 42. In case of the dissolution of a Lodge, the Grand Secretary, or some brother by him duly au- thorized, shall at once proceed to receive its funds on hand, collect its outstanding dues, and dispose of its jewels, furniture, and other property of every kind, in such manner as shall seem to him most judicious; and he shall place the proceeds thereof, after the payment of all just debts an81h. When the Grand Lodge amends the Uniform Coda it is not necessary for a Lodge to adopt the amended pro- visions as they at once become the by-laws of the subordi- nate Lodge when adopted in the Grand Lodge, and shouW be copied into the book of by-laws and observed by aU Lodges and their members without further action, Proc 1911, Page 85. J 81-82 CONSTITUTION 68 81c. A Lodge cannot amend a proposed amendment to its by-laws and then adopt such amended amendment with out giving the regular notice provided in Article XIII o/ the Uniform Code. Written notice of the amendment actually adopted must be given at a preceding stated meet- ing. (191.5. p. 297. 381.) 81d. The two-thirds required to amend is a two-thirdi vote of all the niombors present. It is not a two-thirds o\ the votes cast. (1916, p. 25.) 81e. .\n amendment to the by-laws to become eflfectiv* at an indefinite date will not be approved. (1916, p. 26. ^ Blf. TTie Grand Master has no power to nullifv anv part of the by-laws of a Lodge. (1920, p ) Form of certificate of amendment of by-laws See. 250. Concurrent jurisdiction. Sec. 82. If two or more Lodges are located within the corporate limits of any city, town, or place, thej shall have concurrent jurisdiction therein, and nonft of them shall confer the degrees for a smaller sum than fifty dollars without the consent of all. Any of them can receive and act on the petition for de- grees of residents thereof, or nearer thereto than to any other place where a Masonic Lodge exists, and can waive jurisdiction thereon; but, if any of them shall refuse the waiver, no other can, within twelve mouths, act upon the request of the same person. Each of such Lodges has separate jurisdiction over its own members, and concurrent jurisdiction over all Masons, not members of one of them, who reside in such city, town, or place, or nearer thereto than to any other place where a Lodge exists, and each shall immediately notify such other Lodge or Lodges of any application it may receive for the degrees or for afl&liation. Regulations, 82a. The Grand Master has no power to grant concnr rent jurisdiction to Lodt^es not in the same place. (1909. p. 122; 1901, pp. 16, 311.) • 69 CONSTITUTION § 82-83 82b. "When a Lodge has fixed its fee for the three de grees at $30.00 and the place in which it is situated is consolidated with a place where other Lodges or another Lodge exists, it must thereafter charge fifty dollars for the three degrees unless it receive the consent of the other Lodge to its charging a smaller fee. (1910, pp. 17, 142.) 82c. A Lodge in an incorporated city which is entirely surrounded by another city, has no jurisdiction outside its own municipal limits. A Lodge cannot be within the cor porate limits of two cities at the same time. (1916, p. 26.) But see 95j. Penal jurisdiction of Lodge: Sec, 188. Bulletin boards: Sec. 77m. Grand Lodge may specially fix jurisdiction: Sec. 92a. Boards of Relief. Sec. 83. Such lodges may form a Board of Relief for the purpose of properly relieving the distress of visiting Masons, their widows and orphans, under a compact to be agreed upon among themselves an'l approved by the Grand Lodge or Grand Master be- fore becoming effective, wherein they may provide, among other things, for paying the expenses of the work in such manner as shall seem proper. Such boards shall report annually to the Grand Lodge showing their work, receipts and disbursements in detail, specifying separately what, if any, has been expended for relief of non-affiliated Masons, their widows and orphans, therein sojourning, of this and other jurisdictions, and how much thereof, if any, has been repaid. This Grand Lodge will not appro- priate any of its funds to any such board not so reporting, nor unless it shall have been shown that its actual expenses have been borne by the lodges constituting it. (As amended 1915.) 83a. There is no authority for the formation of a board of relief to consist of the officers of the Lodge, Chapter, Commandery. Scottish Rite bodies, and Eastern Star § 83-87 CONSTITUTION 70 Lodges cannot contribute to such a board of relief. The control of lodge funds for charitable purposes should not be vested in any other place than in the subordinate lodge or in such boards of relief as are provided for by our Con- Btitution. (1915, p. 292, 381.) Right of Master Mason to relief: Sec. 163. Seal. Sec. 84. Each chartered Lodge shall, within two months from the date of its ciiarter, provide a suit- able seal, bearing such devices as may be deemed proper, and having inscribed thereon the name and number of the Lodge, the date of its charter, and the place of its location; and all documents or papers of every kind whatsoever, emanating from such Lodge, or from its Master or Secretary in his official capacity, shall bear the impress of such seal or be considered null and of no effect. Secretary to keep and affix: Sees. 128, 150, sub. 5. Official Communications to be read. Sec. 85. Each Lodge shall have all official com- munications from the Grand Master or Grand Sec- retary read in open Lodge at the stated meeting next following their receipt. Books to be kept. Sec. 86. Each Lodge shall provide the several hooks prescribed in Sections 151 and 152, to be kept by its Secretary, which shall be prepared in accordance with forms to be provided. Funds and property. Sec. 87. A Lodge must retain the control of its own funds and property. It cannot incorporate or intrust any of its funds or property to a cor- poration formed within itself — except that its mem- 71 CONSTITUTION^ § 87 bers may incorporate for the purpose of erecting and maintaining a hall for its use, and incidentally for rental purposes, and it may hold stock in such corporation. It may through Trustees provided for in a standing resolution, who shall always be under its control, hold, mortgage, sell and otherwise dis- pose of its property and funds, which may be in- vested and re-invested as the Lodge shall direct. No money, except that dispensed by the charity committee and that due the Grand Lodge, shall be drawn without its express consent appearing in the record, and no warrant shall be drawn therefor, un- less there are sufficient funds to meet it, except in extreme cases of Masonic necessity or charity. Regulations. 87a. Lodge Trustees are not responsible for the loss of lodge funds loaned by them, provided they exercise their best judgment and act in good faith. (1895, pp. 18, 263.) 87b. Although by Art. X, Sec. 1, Uniform Code of By- laws, the Master and Wardens are appointed a charity committee, yet, only in extreme cases, should the Master be criticised for granting relief on his own initiative. (1909, p. 124.) 87c. Under the provisions of the statutes of the State of California (1911, p. 572) Lodges are authorized to re- ceive, own, hold, mortgage, manage, and sell real property, and this law does away with the necessity for conveying to Trustees, and is such a sane and simple manner of convey- ing and receiving property that it should be generally fol- lowed by the craft. (1914, pp. 21, 129.) (It is contended by attorneys for abstract and loan cor- porations that the statute above referred to is not adequate for the purpose intended, and that further State legislation will be required to make the same effective and expedient for use by Lodges.) 87d. There is nothing in the terms of Sec. 87 of the Constitution which prevents joint ownership of the building, furniture, and fixtures thereof by Blue Lodge, Royal Arch Chapter, and Knights Templar Commandery; provided each of the respective bodies own a definite interest in, or undi- vided portion of, the property. (1915, p. 292, 381.) Contributions to Board of Eelief: Sees. 83, 83a. S 88 CONSTITUTION 72 Funds — How may be used. Sec. 88. The funds, whether derived from fees, dues, rental, profit or otherwise, are trust funds set apart for the payment of the necessary ex- penses of the Lodge and for the special calls for charity for which it was instituted (except that where funds are donated and accepted in trust for any proper specific purpose they may be used for it.) The Lodge cannot, by amendment to its by- laws or otherwise, use or permit the use of its funds or property or any part of them for any other thing whatsoever; nor can the funds or property be divided with the members, even with those with- drawing to form a new Lodge nor with the new Lodge thus formed. Provided, that a subordinate Lodge may in its discretion appropriate from its funds any amount for the purchase of a Past Mas- ter's jewel for its retiring Master and for floral pieces for a deceased brother. (As amended 1919.) Regulations. 88a. The funds cannot be used to purchase pi'esents for distinguished brethren or to purchase their portraits. (1856, p. 2^41: 1894, pp. 539, 768; 1896, p. 567.) Nor to give a Masonic pin or other present to new members. (1913, pp. 78, 162.) 88c. Nor for anv other charitv outside of the fraternity. (1887, p. 22: 1912, p. 21.) 88d. Such as the salvation army. (1896, p. 570.) 88e. Nor to pay the expenses of a brother in attending a meeting of the Masonic Veterans Association. (1891, pp. 16. 213.) 88f. Nor in paying assessments on a life insurance policy even if in favor of the lodge. (1897, p. 238.) 88g. Nor to expert books of a private corporation, even though the Lodge is a member thereof or a stockholder therein. (1896. p. 570.) 88h. Nor to par hall rent for a Chapter of the Eastern Star (1899, pp. 21, 274.) 88i. The lodge cannot make a loan of its funds secured by a mortgage on the residence of the widow of one of its members. (1896, p. 570.) 73 CONSTITUTION § 88 89 These decisions were either made before General Regula tion 57 (now Sec. 89) was adopted or without considering it, and possibly some of the above expenditures could be made from the 20 per cent, for it has been Decided 88J. That expenditures for dishes, crockery, cutlery, etc., are to be classified as for refreshments. (1901, pp. 18, 312.) 88k. Lodge funds cannot be used for the entertain- ment of the Grand Master or Grand officers excepting from that portion allowed for entertainment purposes. (1912, p. 155.) 881. Lodge Funds may be used to purchase lambskin aprons to be presented to the candidate. (1915, pp. 297, 381.) 88m. Lodge funds cannot be limited to the special calls for charity for widows and orphans to the exclusion of Master Masons, excepting funds which have been donated and accepted for the specific relief of widow and orphans. (1917, p. 281.) Eevenues of Grand Lodge: Sec. 38 — 42. Soliciting donations: Sec. 127. Funds — Expenditures for social purposes. Sec. 89. Excepting however, that the Lodge may expend in each Masonic year twenty per cent of its total revenue for the preceding Masonic year for purposes of refreshments and the promotion of fra- ternal intercourse. (As amended 1919.) Regulations. 89a. Rental received from sub-letting the lodge hall is a part of the gross income or revenue of the lodere — upon which the ten per cent is calculated. (1906, p. 203; 1895, pp. 19, 265.) 89h. By Masonic year in section 89 is meant the cal- endar vear beginning January 1 and ending December 31. (1912,'p. 155.) 89c. Money cannot be withdrawn from the ten per cent to be applied to the purchase of a jewel or other offering to a retiring Master. (1913, pp. 78, 162.) 89d. In computing the ten per cent for purposes of refreshment and the promotion of fraternal intercourse, the fees of rejected applicants should be deducted. (1913, pp. 76, 162.) 89e. Sheepskin certificates to be presented to all mem- bers who pass a satisfactory examination in open lodge in the work of the third degree may be piirchased from the ten per cent fund for the promotion of fraternal intercourse. (1915, pp. 297, 381.) § 89 91 CONSTITUTION 74 89f. The term "total revenue" means gross revenue. (1916, p. 24.) 89g. Any balance remaining at the end of the year from the ten per cent must be nddei to the general fund and cannot be carried over as part of the ten per cent fund for the succeeding year. (1917, p. 281.) 89h. It is not ((intemplated that the money shall be ex- pended ioY the benefit of any individual, either in the pur- chase of a Past Master's jewel or a life membership. (1920, P ) Funds — Relief — Refunding. Sec. 90. Each Lodge shall see to it, even if it require all of its funds and property, that the needy brethren of its own membership and neigh- borhood are not suffered to want or to be made a burden to others. It shall refund to any Ma- sonic Lodge or Board of Eelief in the jurisdic- tion all moneys expended for its own needy mem- bers, not to exceed twenty-five dollars in any one case, unless the excess be authorized by the Master of the Lodge in whose behalf the relief is granted. It must relieve its own members, their widows and orphans, when in distress, regardless of their place of residence. Regulation. 90a. A general authorization to give necessary aid would authorize an expenditure in excess of twenty-five dol- lars. (1912, p. 156.) Consolidation. Sec. 91. Two or more Lodges, located near each other, may consolidate into one upon such terms as may be agreed upon by themselves; but, of such proposed consolidation the members of each Lodge shall have at least three months' notice before the stated meeting at which such proposition is to be acted upon, and it shall require the assent, in writ- ing, of at least three-fourths of all the members of each Lodge to adopt such proposal for consolida- 75 CONSTITUTION § 91-92 tion. The Lodge thus formed may bear the name and number of one of the Lodges composing it, in which case it may retain the charter and seal of that Lodge; or it may bear the name of one and the number of another of such Lodges, and shall then receive a new charter, without charge, and provide a new seal; or it may have an endorsement of the authorization of such consolidation by the Grand Lodge made upon the charter of one of the component Lodges. No such consolidation, how- ever, shall go into effect until all the proceedings relative thereto shall have been submitted to and approved by the Grand Lodge or by the Grand Master during the intervals between the Commu- nications of the Grand Lodge. (As amended 1915.) Provided, that if the Grand Master finds that it is impracticable to hold such meeting, or to secure the requisite written consents, he may approve the consolidation upon the written consent of not less than a majority of the members of the Lodge. (As amended 1919.) Regulations. 91a. The Master cannot refuse to entertain a motion to consolidate. (1909, p. 126.) 91"b. The Lodge formed by such consolidation is respons ible for the contracts and debts of the Lodges consolidated, including those for life membership. (1884, pp. 566, 739; 1887, p. 193; 1900, pp. 642, 900.) 91c. The Past Masters of each Lodge are its Past Mas- ters. (1900, pp. 642, 900.) 91d. The life members of each Lodge are life members of it. (1900, pp. 642, 900.) See form for Consolidation: Appendix. Penalty for neglect of duty. Sec. 92. For the neglect or vielation of any duty imposed upon a Lodge in this Constitution, its charter may be suspended or forfeited; and for the i 92 CONSTITUTION 76 neglect or violation of any duty herein imposed ■ upon a Secretary, his Lodge shall be held respon- sible. Trial of Lodge: Sees. 184 — 7. Election of intemperate Master: Sec. 135m- Jurisdiction of Lodges. Sec. 92A. If it be made to appear, to the Grand Lodge that special circumstances require that in the case of any particular Lodge or Lodges the gen- eral rules as to the territory over which such Lodge or Lodges shall have jurisdiction should not apply, the Grand Lodge may by resolution define the ter- ritory over which such Lodge or Lodges shall have jurisdiction. When such a resolution is adopted the Lodge or Lodges therein named shall thence- forth have exclusive jurisdiction over the territory therein described, and shall have no jurisdiction, exclusive or concurrent, over any other territory or over any Mason not a member of said Lodge or Lodges, residing outside of such territory. The pro- visions of Section 82 shall no longer be applicable to such Lodge or Lodges. No ^ucn resolution shall be adopted except upon the recommendation of the Grand Master, and after reference to the Com- mittee on Jurisprudence and report thereon. Notice of the application for any such resolution, with a precise statement of the boundaries of the pro- posed territory, shall be given by the applicant Lodge or Lodges at least thirty days prior to the commencement of the annual communication of the Grand Lodge at which the same is to be made, to each Lodge whose jurisdiction will be affected by the proposed resolution. Such resolution may be repealed or modified at any subsequent annual communication of the Grand Lodge; pro- 77 CONSTITUTION § 92 vided, that no modification enlarging the territory included shall be adopted except upon compliance with all the conditions prescribed for an original resolution. As long as such resolution continues in force, the provisions of this section shall, as to sui^h Lodge or Lodges, be paramount to all other provisions of this Constitution in the matter of jurisdiction. (1912, p. 213.) Regulations. 92Aa. The Grand Master's recommendation is a con- dition precedent to any action by the Grand Lodge under 92A. and he may give or withhold it according to his own conception as to which course is for the best interests of Masonry. His refusal to recommend is conclusive and can- not be reviewed by this Grand Lodge. (1913, p. 160.) ARTICLE III. Of Prohibitions. Sec. 93. Removal of place of meeting. 94. Candidate — Qualifications — Physical, moral and political. 95. Candidate — Residence — Jurisdiction. 96. Candidate — Jurisdiction, waiver of — Army and navy. 97. Candidate — Jurisdiction after rejection. 98. Candidate — Form of application. 99. Candidate — Investigating committee. 100. Candidate — Report of committee. 101. Candidate — Withdrawal — Report of committee — Balloting. 102. Candidate — Members present must vote. 103. Candidate — Ballot, how conducted. 104. Candidate — Ballot, correcting mistake in — Withdrawal of petition. 105. Candidate — Unfavorable ballot — Discussion — Divulging. 106. Candidate — Ballot, dispensation for. 107. Candidate — Army and navy. 108. Candidate — Objection before initiation. 109. Candidate — Objection after initiation. 110. Candidate — Procedure. 111. Candidate — Decision of Lodge. 112. Advancement — Proficiency required. 113. Advancement — In another Lodge. 114. Fees for degrees. § 92-94 CONSTITUTION 78 115. Degrees, restrictions on conferring. 116. Masonic clothing, restrictions on wearing. 117. Suspension for non-payment of dues — Notice. 118. Suspension — How declared — How restored be- fore two years. 119. Suspension — How restored after two years. 120. Suspension — Duty of Secretary — Penalty. 121. Ritual — Lectures — what authorized. 122. Affiliation. 123. Burial of duelist, 124. Masonic intercourse, restrictions as to. 125. Visiting — Rights — Restrictions — Avouchment. 126. Annual returns and dues — Penalty for default. 127. Donation of fees — Circulars — Decoration of altar. 128. Dues — Uniform receipts — Remitting — Assess- ments. 129. Life membership, how acquired. 129A. Saloonkeepers and barkeepers ineligible. Removal of place of meeting. Section 93. No Lodge shall remove its place of meeting from that named in its dispensation or charter, unless notice shall have been given at a stated meeting that a resolution for such removal will be offered at the next succeeding one, nor un- less such resolution shall have been adopted by the votes of at least two-thirds of the members present at such succeeding stated meeting; nor shall such removal then take place until the action of the Lodge shall have been approved by the Grand Lodge or Grand Master. Regulations. 93a. A lodge may remove from one hall to another in the place named in its dispensation or charter by its own action. (1865, pp. 21, 98.) 93b. When a Lodge removes it assumes immediate and entire jurisdiction over the new territory. (1871, p. 176.) Powers and duties of Lodge: See. 77 — 92. Candidate — Qualifications — Physical, moral and political. " Sec. 94. No Lodge in this jurisdiction shall re- ceive an application for the degrees of Masonry un- 79 CONSTITUTION S 94 less the applicant be a man; no woman nor eunuch; free born, being neither a slave nor the son of a bond woman; a believer in God and a future exist- ence; of moral conduct; capable of reading and writing; having no maim or defect in his body that may render him incapable of learning the art, and physically able to conform substantially to what the several degrees respectively require of him. Regulations. 94a. A person made in a clandestine Lodge or unable to prove himself a Mason may, if otherwise qualified, apply for the degrees and, if elected, receive them, but a member of a foreign Lodge, who is in arrears for dues and cannot afford to pay them, cannot petition a California lodge for the degrees. (1908. pp. 40, 119: 1894, pp. .589, 769; 1899, pp. 22, 274; 1901, pp. 18, 311; 1912, pp. 149, 150.) 9ib. A petition cannot be received from one under 21, even though he would arrive at that age before action on the petition could be taken. (1902, pp. 704, 1043; 1909, pp. 126, 130.) 94c. The color of an applicant otherwise eligible is no bar. (1871, p. 153; 1896, p. 569.) 94d. A lodge cannot with propriety receive an applica- tion from one who has served a term in States Prison.. (1875, p. 131.) 94e. Nor from one under indictment by a Grand Jury. (1904, p. 1077.) 94f. A petition signed with a cross mark is prima facie evidence that the applicant is ineligible. (1867, pp. 16, 113.) 94g. It is a flagrant offense for a Lodge knowingly to- receive a petition from one who cannot both read and write. (1871, p. 152.) 94h. The candidate must be a believer in the God of Abraham, Isaac and Jacob and not quibble about Omni- potence, Omniscience and Omnipresence. (1888, pp. 464, 678; 1857, p. 105.) 941. The non-observance of the first day of the week as a day of rest does not disqualify an applicant. (1896,. p. 570.) One suspended for non-payment of dues cannot petition for degrees: Sec. 166b. Application for affiliation: Sec. 122. ■] § 95-96 CONSTITUTION 80 Candidate — Residence — Jurisdiction. Sec. 95. Nor unless he shall have been a resident within the jurisdiction of the Grand Lodge during twelve months, and within the jurisdiction of the Lodge (i. e., nearer thereto than to any other Lodge existing under this Grand Lodge) during six months next preceding the date of his application Regulations. 95a. The air line governs, not the roads of travel. (1866, p. 293.) 95b. It is to be measured from the corporate or other limits of the places, and a Lodge cannot gain or lose juris- diction by moving its lodge hall from one building to an- other in the same place. (1901, p. 306.) 95c. A Lodge must know its jurisdiction and not inter- fere with that of other Lodges. (1862, p. 374.) 95d. A sea-faring man claiming no residence but his ship is ineligible. (1904, p. 1083.) 95e. Domicile and residence are the same, and largely depend upon the intent, and causing one's name to be placed on the register as a voter would be conclusive evi- dence thereof. (1879, p. 168; 1882, pp. 658, 660; 1888, pp. 460, 462, 676, 677; 1889, p. 196; 1885, p. 248.) 95f. The law should not be too strictly construed. (1866. p. 434.) 95g. There is no difference between a temporary so- journ in this or another jurisdiction. (1859, p. 117.) 951i. The place of residence is the place selected as a home. (1894, p. 771.) 95i. Entered Apprentices and Fellow Crafts of Lodges under jurisdiction other than that of California cannot apply for the remaining degrees in a California Lodge un- less (1) they have the residential qualification provided in section 95, and (2) unless they present a dimit or a waiver of jurisdiction from the Lodge in which they received the degree or degrees already conferred upon them. Entered Apprentices or Fellow Crafts of California Lodges before applying for the remaining degree or degrees in another Lodge, must secure a waiver of jurisdiction as provided in section 155, and in addition thereto must possess the resi- dential qualification provided in section 95. (1918, p. — .) 95j. Resolved, that the jurisdiction of San Fernando Lodge No. 343 be and the same is hereby defined as including all of the City of San Fernando, and also all of the territory outside of said city over which it had jurisdiction immediately prior 81 CONSTITUTION §96 to the annexation by the city of Los Angeles of the San Fer- nando vallej% whether within or without the city of Los An- geles. Such jurisdiction to be, as prescribed in Section 92A of this Constitution, an exclusive jurisdiction. (1919.) Concurrent jurisdiction: Sec. 82. Penal jurisdiction of Lodge: Sec. 188. Candidate — Jurisdiction, waiver of — Army and navy. Sec. 96. Except that in the case of one who has the qualification of residence, the Lodge within whose jurisdiction he resides may, upon his request in writing and for good cause showti, authorize another Lodge to receive and act upon his appli- cation. The request shall lie over a month, and a committee shall be appointed to investigate as to whether or not the Lodge actually possesses juris- diction, and whether or not the reasons alleged for the request are good and sufficient; which com- mittee shall report at the next stated meeting. The request may be granted by majority vote; and except in the case of a person belonging to the army or navy of the United States, whose ap- jilication, though he have not that qualification of residence, may be received by dispensation from the Grand Master, as provided in Section 43. Regulations. 96a. When a man removes and becomes a resident of another State, a Lodge here has nothing to do with him and cannot waive jurisdiction. (1879, p. 168; 1902, pp. 704, 1045.) 96b. Where one removes from this State to other terri- , lory under the jurisdiction, of the Grand Lodge, he need not reside there a year. But he must reside within the juris- diction of the Lodge six months. Sec. 95 supra. (1879, pp. 21, 168.) 96c. A Lodge cannot within 12 months, waive jurisdic- tion over a candidate rejected by it. (1885, pp. 248; 1893. pp. 10, 216.) § 96-98 CONSTITUTION 82 96d. Where a Lodge, by mistake of its jurisdiction, con- fers the first degree, it should, on finding out its error, suspend proceedings and ask the Lodge having jurisdiction for a waiver. (1909. p. 125.) 96e. Where a candidate, by honest mistake, signs a pe- tition stating that he has not been rejected within twelve months, is elected, receives a degree or degrees and the mistake is then discovered, the candidate is an Entered Apprentice or Fellow Craft, as the case may be, but the Lodge should tender to the Lodge having jurisdiction the fees received for the degree or degrees conferred, and re turn to the candidate the fee for the degree or degrees still not conferred on him, and proper dispensation being had application should be made for the remaining degree or degrees to the proper Lodge. (1911, pp. 14, 85.) 96f. A Lodge waiving jurisdiction, waives the right to the fees. But it may as a condition to waiving jurisdiction demand the whole fee or any part thereof. (1S77, p. 181; 1898, p. 849.) 96g. A Lodge makes a just demand in claiming the fee for degrees on a candidate belonging in its jurisdiction, when it has not granted the waiver. (1857, p. 127.) 96h. The applicant must specify in his request the Lodge to which he presents his petition. (1920, p ) Receiving degree in another lodge: Sec. 155. Request of resident for permission to receive degrees in another jurisdiction: Sec. 12-4. Permission to Lodge in another jurisdiction: Sec. 155. Candidate — Jurisdiction after rejection. Sec. 97. Nor shall any Lodge receive such ap- plication from any person who, within twelve months next preceeding, shall have been rejected by any Lodge, unless by dispensation from the Grand Master, as provided in Section 43. Regulations. 97a. When a Lodge in whose jurisdiction a person re sides rejects him, it alone and no other Lodge can apply for a dispensation. (1885, pp. 17, 278.) 97b. When a Lodge rejects the petition of a person residing in the jurisdiction of another Lodge, the last 83 CONSTITUTION § 98-100 named Lodge cannot receive such person's petition within a year. (1870, p. 430.) 97c. When a Lodge waives jurisdiction, and the other lodge rejects the applicant, the first-named Lodge cannot receive an application for a year. (1885, p. 248.) 97d. After the full year elapses, the rejecting Lodge has no claim on, or jurisdiction over, the candidate, because of the rejection. (1893, p. 216; 1908, p. 89.) Candidate — Form of application. Sec. 98. All such applications, as well as those for affiliation, shall be in writing, signed by the applicant, and recommended by at least two mem- bers of the Lodge in the forms prescribed in Sec- tions 246 and 247. And those for degrees, shall not be received unless the applicant shall have an- swered in his own hand writing the questions which are annexed to and part of the form prescribed in said Section 246 hereof. Regulations. 98a. The full name of the applicant for affiliation or de- grees must be recorded in the roll book and reported to the Grand Lodge. (1869, p. 189.) 98b. An applicant is not required to give references, but if he does they may be firms as well as individuals (1891, pp. 17, 216.) Application of resident of this jurisdiction re- ceiving degrees in another jurisdiction: Sec. 124. Candidate — Investigating committee. Sec. 99. No Lodge shall ballot upon any appli- cation for degrees or affiliation, except by dispen- sation from the Grand Master, as provided in Sec- tion 43, until it shall have been referred to a committee of three, whose duty it shall be to make strict examination into the moral, mental, physical and other proper qualifications of the applicant, and to report thereon to the Master at the next stated meeting, unless further time be granted. § 100-101 CONSTITUTION 84 Regulation. 99a. The committee is guilty of a serious neglect of dutv if it reports favorably without reliable information. (1888, p. 677.) Candidate — Report of committee. Sec. 100. Which report shall set forth in detail the facts ascertained respecting the applicant and the favorable or unfavorable conclusion of the com- mitte, and shall be read in the Lodge; but the names of the brothers making the reports shall not be announced in the Lodge. (See Proc, 1907, p. 594; 1908, p. 166.) It is submitted that if an unfavorable report is presented, no reasons are necessary. Candidate — Withdrawal — Report of committee — Balloting. Sec. 101. No application shall be withdrawn after reference to a committee, even though the appli- cant, after applying, shall have removed from the jurisdiction of the Lodge, except as hereinafter provided in Section 104. If the report of the com- mittee, or any member thereof, be unfavorable, no ballot shall be had, but the Master shall upon the reception of such report, declare the candidate rejected. If the report of the committee, or a majority thereof, be favorable, a secret ballot shall be had at once without any postponement, by the use of cubes and white balls. The ballot box shall be prepared by placing therein a sufficient number of cubes and white balls, one-third of the whole number being cubes. It shall then be pre- sented to the Junior Warden, Senior Warden and Master for inspection. 85 CONSTITUTION § 102-103 Regulation. 101a. A petition is received when it is read by the Sec- retary at a stated meeting, unless by majority vote of the members present the Lodge declines to receive it. (1916, pp. 128, 155.) (The decision of 1900 is now void.) 101b. Where more than one candidate is to be balloted for, the ballot box must be presented to the Junior Warden, Senior Warden and Master for inspection before balloting on each candidate. (1915, pp. 291, 381.) Objection before election: Sec. 111c. Ballot defined: Sec. 77h. Candidate — Members present must vote. Sec. 102. No member of a Lodge, when present, shall be excused or permitted to refrain from vot- ing upon a ballot for afl&liation or for the degrees of Masonry. Begtaations. 102a. A Brother in arrears for dues, until suspended, must vote. (1899, pp. 24, 274.) 102b. The Master should not permit any member to retire after announcing the report of the Committee on In- vestigation and directing a ballot, unless sickness or some other imperative reason is shown. The Master has power to compel members retiring to the Tyler's room pending a ballot to return to the Lodgeroom and participate in the ballot. He cannot excuse a member from voting who asks it, whether in the Lodgeroom or the anteroom. (1914, pp. 23, 130.) Candidate — Ballot, how conducted. Sec. 103. When more than one candidate is to be balloted on at the same meeting, a separate ballot must be had on each, unless the alternative method provided in section 103 14 be used. If during the balloting, objection be made that the ballot box is not properly prepared, the Master must, before an- nouncing the result of the ballot, examine it, and if not properly prepared, he must at once rectify the error and have a proper ballot taken. It shall re- quire an unanimous ballot of the members preseut §1031/2-104 CONSTITUTION 86 to elect. Before the ballot is taken there may be such discussion of the qualifications of the candidate and of the profjriety of receiving him into the Lodge as may seem proper. No cubes not ground for objection to advan<'e- ment- ^ro. ^^^h. Sec. 1031/2. The following- alternative method of balloting may be employed at the option of the Master where three or more petitions are to be bal- loted upon: The Master shall read the names of the petitioners with the essential information about each, as supplied by the petition and as furnished by the committee of investigation; after which a ballot shall be taken in the usual manner on the petitioners collectively, and if no black ball appears, each petitioner shall be declared elected. If one or more black balls appear, the Master may either direct an individual ballot or divide the names of the petitioners into groups, and the Lodge shall pro- ceed to ballot in the usual manner on each indi- vidual or on each group. The Master shall declare each petitioner in a group elected if no black ball appear. The subdivision into groups and this pro- cedure shall continue until an individual Vjallot shall have been taken if necessary and all. petitioners shall have been balloted upon. Where an individual ballot is taken, nothing herein contained shall mod- ify the method of balloting on individual petitioners as elsewhere provided for in this Constitution. (As amended 1920.) Candidate — Ballot, correcting mistakes in — With- drawal of petition. Sec. 104. If but one cube appear in the ballft- box the Master, without declaring the result, shall at once order a second ballot for the purpose of 87 CONSTITUTION § 104-105 correcting a possible mistake, which ballot shall be the last; but in no case, after one ballot has been had, shall any discussion be permitted in the Lodge before the second ballot is had, nor shall the second ballot be postponed to another meeting of the Lodge, If the committee find the applicant disqualified in consequence of insufficient residence or physical disability, or because his petition has been received within twelve months after his re- jection by a Lodge and find no other objection to him, they shall make a special report thereupon; in which case the Master may direct the with- drawal of the application without further action, and such direction shall be entered upon the record. Regulations. 104a. Unless a mistake in balloting is rectified at the same meeting, a dispensation is necessary. (1859, p. 107.) 104b. There is no authority for a third ballot. (1883, pp. 17, 278.) 104c. In balloting for a candidate, two cubes were in the box. A mistake had probably been made in placing therein one of the cubes. The Master properly declared the candidate rejected. The mistake could only be remedied by application for dispensation to reballot. (1916, p. 25.) Withdrawal before initiation: See. 108b. Candidate — Unfavorable ballot — Discussion — Di- vulging. Sec. 105. There shall be no discussion regarding an unfavorable ballot, and no member of a Lodge shall be required, requested, or allowed to divulge his vote upon a ballot for affiliation or for the de- grees of Masonry, nor to assign reasons for such vote, if it be known, except to the Master, for the purpose of correcting a mistake. Regulations. The following are offenses against the ballot 105a. 1. A brother deposits his ballot in such manner that it can be seen how he votes. § 105-106 CONSTITUTION 88 105b. 2. One brother looks to see how another brother votes. 105c. 3 One brother tells how another brother votes. 105d. 4. One brother accuses another of casting a black ball. 105e. 5. One brother asks another why he blackballed the candidate. 105f. 6. The Master calls a brother to the East, and inquires of him if he cast a black ball, and why he did it. (1863, p. 124.) 105g. Masons should not converse with a candidate about action on his petition. (1865, p. 102.) 105h. It is an offense to assail the character of candi- dates out of spite, although unknown to the Mason so doing. (1887, p. 177.) 105i. If it transpires that the candidate willfully signed an assumed name to his petition, he should be denied initia- tion. (1901, pp. 17, 311.) 105j. Art. IV, Sec. 2, Uniform Code of By-Laws, de- clares the fees forfeited if the candidate does not present himself for initiation within three months; but he is not entitled to have the fees returned so long as the Lodge is willing and ready to confer the degrees. (1899, pp. 24, 274.) 105k. After the fees are declared forfeited, the Lodge has no jurisdiction over the candidate and cannot ask another Lodge to confer the degrees. (1909, p. 126.) 1051. Neither the Grand Master nor the Grand Lodge can inquire of any individual Mason why he cast his vote ui)on any ballot for affiliation or the degrees. (1872, p. 552.) Candidate — Ballot, dispensation for. Sec. 106. No dispensation shall be issued to a Lodge to ballot for and confer the degrees upon a candidate without reference to a committee, as pro- vided for in the preceding Section 99, nor to receive and act upon the petition of a rejected ap- plicant within less than twelve months after the date of such rejection, unless the application there- for be made by the Lodge, by an unanimous vote, by ballot; and of the meeting to be holden under such dispensation, and the purpose thereof, the mem- bers of the Lodge shall have due notice. 89 CONSTITUTION § 107-108 Regulation. 106a. The notice given under this section should not state the name of the candidate. (1900, pp. 642, 643, 900, 901.) Candidate — Army and navy. Sec. 107. No dispensation shall be issued to a Lodge to receive and act upon the petition for de- grees of a person belonging to the army or navy of the United States, who has not the qualification of residence prescribed in Section 95 of this Article, unless the application therefor be made by the Lodge by an unanimous vote, by ballot; and should such dispensation be issued, the petition shall take the usual course of reference and ballot in the Lodge. Candidate — Objection before initiation. Sec. 108. No Lodge shall have more than one ballot for the three degrees; but, though an applicant may be elected to receive them, if, at any time be- fore his initiation, objection be made by any mem- ber, he shall not receive the degree until such ob- jection shall have been withdrawn; and such ob- jection shall, unless withdrawn within sixty days, have the effect of a rejection by ballot, and shall be so reported to the Grand Secretary. Regulations. 108a. The members are not entitled to know the name of the brother objectins to the initiation. (1878, pp. 419, 620: 1880. p. 419.) 108b. If after election, but before initiation, it is dis- covered that the applicant is ineligible because of physical .disqualification, the Master should not proceed with the initiation, but the application may be directed to be with- drawn for physical disability, and the fees returned. (1899, pp. 24. 274.) 108c. Objection before initiation may be made orally or in writing, at any time, either in or out of Lodge. It is sufficient if the Master is advised by a member that he objects. (1879, p. 168.) § 109-110 CONSTITUTION 90 lG8d. If the Master himself deems that there is any sufficient objection to advancement, such objection may be made by him, (1913, p. 258.) lOSe. If the Master is made cognizant of the intention of the candidate to violate any of the provisions of our Constitution, he should himself refuse to initiate the candi- date and announce that objection has been made. (1915, pp. 290, 381.) Candidate — Objection after initiation. Sec. 109. After his initiation, but before being passed, or after passing, before being raised, any member may, orally or in writing, make objection to his advancement privately to the Master, stating the cause therefor. Eegulation. 109a. If the Master himself deems that there is suffi cient objection to advancement, such objection shall have the same effect as if made by a member. (1913, p. 258.) > Objection before election: Sec. 111c. Objection after initiation — Procedure. Sec. 110. If no cause is assigned, the Master may disregard the objection and proceed to confer the remaining degree or degrees. If the cause assigned seems insufficient to the Master, he shall state the matter to the Lodge at its next stated meeting, and the Lodge shall then decide, by majority vote taken in the usual manner, whether or not further investigation shall be made. If, however, the objection seems to the Master to be sufficient or to merit investigation, or if the Lodge shall so decide, the Master shall appoint a commit- tee to inquire into the cause of the objection, fix the time and place for its meeting, have the objector and the candidate notified thereof, and Masons whose statements seem necessary or proper sum- moned then and there to appear. The committee shall meet at the time and place fixed. The Master 91 CONSTITUTION § 111 shall, ex. officio, be a member and chairman thereof, and the Secretary, or a brother appointed in his place, shall record the proceedings. Any statements made shall be taken down in narrative or other form by the Secretary or, at the Master's option, by a stenographer qualified as prescribed in section 200 hereof. The committee may adjourn from time to time, and shall have entire charge of the investigation. It may hear the statements privately or in the presence of the objector and candidate, or either of them, and neither shall be allowed any objection to the committee or its methods, ii may take the statements of Masons or persons not Masons in such manner as may to it seem propei It shall report at the next stated meeting (unless further time be given by the Master or the Lodge), stating fully the cause of objection and its con- clusions thereon. The statments upon which the report is based shall be read in the Lodge, if required. EXPLANATORY NOTE: The procedure is intended to be plain and easily followed, sufficiently definite, and yet dispensing with the cumbersome, and here, unnecessary method pursued by a trial commission. Objection after initiation — Decision of Lodge. Sec. 111. Upon the reception of such report, if the cause assigned be, in the opinion of two-thirds of the members present, not a valid and Masonic one (the vote being taken by secret ballot upon slips of paper having written thereon "Yes" or "No"), the Lodge may confer the degree in the same manner as if no objection had been made; but if it shall decide that the cause assigned is not a valid and Masonic one, the Master shall not allow the same objection to be made a second time. The § 111 CONSTITUTION 92 decision is final, and no appeal may be taken there- from. If the objection is sustained, the part of the fee for the degree or degrees not taken by the candi- date shall be returned to him. Regulations. Ilia. One refusing: to proceed further is not entitled to the return of any of the fees. (1899, pp. 19, 274.) 111b. Where the Lodge decides, by vote, that the cause is not a valid and Masonic one the Master must proceed to examine and confer the degree in the usual wav. (1863, pp. 13, 110.) 111c. When objection is made before a ballot, if the report of the investigating committee is favorable a ballot must be had. If the candidate is elected, objection may then be made. An objection before ballot is not provided for in our Constitution; the rempdy by a black ball being considered ample to prevent the election of unworthy peti- tioner. (1905, pp. 20, 118; 1912, p. 157; 1915, pp. 296, 381.) llld. When objection is made to the advancement of a candidate receiving the degrees by request, only members of the requesting Lodge have a right to object, but an objection by any Mason should be referred to the requesting Lodge. (1899, pp. 22, 274, 644. 901.) llle. One denied advancement remains an Entered Ap- prentice or Fellow Craft of the Lodge, and should be so carried on the roll. (1905, p. 205.) lllf. Only the objection of a member of the Lodge operates as a stay, but a Lodge is derelict in its duty if it does not givte attention to anv objection stated bv those not members. (1874, p. 466; 1882, p. 687; 1891, p. 216; 1901, pp. 18, 312.) A Master is also derelict in his duties who does not give attention to an objection stated by those not members. (1912, p. 157.) lllg. A member should not object unless he has pre- sumptive knowledge of unworthiness, the evidence of which has come to his notice after the candidate's initiation. (1887, p. 177.) lllh. The fact that no cubes were in the ballot box does not justify objection after initiation. (1887, p. 177.) llli. Connection with any particular religious denomina- tion, society or sect, is not sufficient. (1894, pp. 541, 771.) lllj. One denied advancement must wait a year before again applying. (1857, 104; 1865, p. 13; 1901, pp. 17, 311.) 111k. The approved minutes of the meeting at which the objection was sustained furnish the only evidence to 93 CONSTITUTION § 111-112 govern the Lodge as to what action was then taken. (1905, pp. 18. 114.) 1111. After the report of the Committee is approved by the Lodge, the members of the Committee cannot re- verse the former finding and advance the candidate, who must wait one year before again applying. (1914, pp. 23. 129.) 111m. No person who openly declares his intention of violating anv provision of our Constitution should be ini- tiated. (19i5, pp. 290, 381.) Request for degrees from another Lodge: Sec. 155. Ballot defined: Sec. 77h. "When is petition received: Sec, 101a. Advancement — Proficiency required. Sec. 112. No Lodge shall advance an Entered Ap- prentice or a Fellow Craft to a higher degree until, after a strict examination in open Lodge, he shall have given satisfactory evidence that he is entirelv proficient and well qualified in that or those which he has already taken. Regulations. 112a. Proficiency, without regard to the time of proba tion, is the requisite of advancement. (1852, p. 188; 1862. p. 363.) 112b. An initiate found unable to read and write must learn to do so before being advanced. (1874, p. 467.) 112c. A candidate is not disqualified for advancement by accident causing physical disability occurring subse- quently to his initiation, provided he can still conform sub- stantially with the requirements of the remaining degree or degrees. (1868, p. 275; 1884, p. 724; 1901, pp. 17, 311.) 112d. If the candidate presents himself for initiation or advancement before the fee is declared forfeited under the bv-laws (Art. IV, Sec. 2), the Master should proceed as in other cases. (1862, p. 385; 1871, p. 155; 1877, pp. 22, 197; 1881, pp. 17, 659.) 112e. It is impracticable to require a Master Mason to pass an examination in the third degree within six months. (1895, p. 265.) 112f. An Entered Apprentice or Fellow Craft elected after waiver of jurisdiction by another Lodge, must be examined as to his proficiency before advancement and, to that end, the Master may, after election, have the applicant § 113-114 CONSTITUTION 94 instructed in the same manner as if he had received the preceding degree or degrees in the lodge electing him, (1913, pp. 78, 162.) 112g. Where several candidates are to be examined, such examination should be conducted in open Lodge, ques- tions and answers to be given in a distinct tone of voice, and it will suffice if questions are put to. and answered by, the candidates in rotation. (1917, p. 281.) Advancement — In another Lodge. Sec. 113. And no Entered Apprentice or Fellow Craft shall be advanced to a higher degree in any Lodge other than that in which he shall have re- ceived those, or either of those degrees, unless by the official consent of such Lodge, if it then be in existence and be within the United States of America or the Dominion of Canada. Regulations. 113a. If the Lodge in which the degree or degrees were conferred has ceased to exist, the petition for advancement must be accompanied by the certificate of the Grand Lodge creating it that it was a regular Lodge and that the brother seeking advancement was an Entered Apprentice or Fellow Craft thereof when it ceased to exist. (1900, pp. 643, 901.) 113b. A dimit legally issued to an Entered Apprentice or Fellow Craft by a Lodge under a jurisdiction recognized as legitimate, may be accepted as the official consent of the Lodge issuing it. (1913, pp. 77, 162.) Bequest for advancement, procedure: Sec. 155. Advancement of resident of this jurisdiction re- ceiving degrees in another jurisdiction: Sec. 12-1. Fees for degrees. Sec. 114. No Lodge in this jurisdiction shall con- fer the three degrees for a smaller fee than thirty dollars, and the sum of twenty dollars as provided in subdivision 1st of Section 41, and in every case the entire fee for the degrees shall accompany the application, else such application shall not be re- ceived. Provided, however, that, if the applicant has already received the first degree, or the first 95 CONSTITUTION § 114-115 and second degrees, i another Lodge, the fee to accompany his application for the remaining de- grees or degree shall be such proportion of the fee for all the degrees as the by-laws of the Lodge may prescribe. Begulations. 114a. The fees cannot be remitted. (1901, pp. 18, 312.) 114b. Nor accepted and then donated back after the can- didate has received the degrees. (1902, pp. 705, 1045.) See also Art. VIII, Sees. 1 and 2 Uniform Code of By- laws. Fees of Lodges having concurrent jurisdiction: Sec. 82. Remission and donation of fees: Sec. 127. Fees to be charged for resident of this jurisdic- tion receiving degrees in another jurisdiction: Sec. 124. Fees may be charged for granting permission to a resident of this jurisdiction to receive degrees in another jurisdiction: Sec. 124. Fees on waiver of jurisdiction to a Lodge in this jurisdiction: Sec. 96f. Fees of Lodge having concurrent jurisdiction: Sec. 82. Degrees, restrictions on conferring. Sec. 115. No Lodge under the jurisdiction of this Orand Lodge shall confer any degree of Masonry on Sunday, nor shall it confer degrees upon more than five candidates at any one meeting; nor shall it confer more than one degree upon any one candidate at any one meeting; nor shall it confer either of the degrees upon more than one candidate at a time; nor shall it confer more than five degrees in any one day. (As amended 1916.) § 116-117 CONSTITUTION 96 Regulations. 115a. The entire work of conferring a degree should be completed at the meeting at which it has begun. (1894, pp. 538, 765.) 115b. A degree may be conferred at a meeting called for the purpose on the same evening officers are installed. (1909, p. 122.) Masonic clothing, restrictions on wearing. Sec. 116. No Lodge, nor any Mason, shall appear in Masonic clothing in any public procession, or at any public meeting or place, except for the burial of a brother or for the performance of some other strictly Masonic duty or ceremony. Regulation. 116a. Masons may assemble, without dispensation, in Masonic clothing, to decorate the graves of deceased brethren, which is a commendable custom. (1888, pp. 464. 678.) Suspension for non-payment of dues — Notice. Sec. 117. No Lodge shall expel a member for the non-payment of dues; but, in case any member shall have refused or neglected to pay his regular dues during a period of twelve months, he shall be noti- fied by the Secretary, either by registered letter deposited in the U. S. Post Office addressed to him at his last known address, or by actual service of notice, duly certified by the Tyler, that unless at the next stated meeting either his dues be paid, or sickness or inability to pay be shown as the cause of such refusal or neglect, he will be suspended from all the rights and privileges of Masonry. Regulations. 117a. The seal of the Lodge must be affixed to the notice. (1865, p. 110.) 117b. The notice is in effect a Summons. (1874, p. 561.) 117c. A resolution requiring every application to remit dues to be in writing is unconstitutional. (1898, pp. 597, 853.) 97 CONSTITUTION § 118 117d. A member cannot be suspended without notice, and the proceedings constitute in effect a trial. (1874, p. 560; 1879, p. 153.) 117e. A mentally incompetent brother cannot be sus- pended. (1904, pp. 808, 1077.) 117f. The Lodge before allowing a member to be sus- pended, should be certain (1) that he has been notified, (2) that he has had a reasonable time, and (3) that he has the ability to pay and that the neglect is culpable. (1871, p. 182; 1871, p. 560.) 117g. A brother in the Masonic Home ought not to be suspended. (1900, pp. 644, 902.) 117h. The period after which the Secretary is to notify a delinquent brother is to be calculated from the date when the dues become due under Art. iX, Sec. 1, Uniform Code of by-laws — i. e., quarterly in advance. (1909, p. 123.) Member may be suspended for non-payment of dues: Sec. 166. Effect of suspension for non-payment of dues: Sec. ]66a. Suspension — How declared — How restored before two years. Sec. 118. If neither of these things be done, he shall at such stated meeting, be declared by the Master to be suspended, unless for special reasons shown the Lodge shall remit his dues or grant him further time for their payment: But any Mason thus suspended who shall at any time pay tht» arrearages due at the time of his suspension, to- gether with such further dues as would, had he retained his membership, have accrued against him to the date of such payment, or who shall have had such arrearages and dues remitted by his Lodge, shall by either of these acts be restored. Regulations. 118a. Unless the Lodge remits the dues nr extends the time the Master must declare the suspension. He has no discretion. (1868, p. 402; 1879, p. 153.) Before the two year period the following apply: llBb. The Lodge may remit the dues and restore. (1862, p. 356; 1872, p. 566.) § 118-119 CONSTITUTION 98 118c. The Lodffe cannot re-consider its action in restor- f.ng a brother. (1895, pp. 19, 204.) 118d. It is not an invasion of jurisdiction to restore a Ibrother residing in another State or place. (1909, p. 127.) 118e. The Lodge must receive the amount of arrear- tiges, if tendered, whether by the delinquent or by another in his behalf. (1874, p. 60.3.) 118f. Even if the brother is in articulo mortis. (1881, p. 18: 1882, p. 661.) 118g. Whether refused or accepted, the tender effects im- anediate restoration. (Idem). 118h. All Masons stricken from the rolls are declared suspended for non-payment of dues by General Regulation «3, (1859, pp. 97, 116, 179.) llSi. A brother cannot be restored after his death. U874, p. 560.) 11 8j But, if he sends the requisite amount, while liv- ing, it will restore him even though it does not reach the Secretary until after his death. (1876, p. 510.) 118k. It is proper for the Secretary to read the names of .'ill who owe for dues, but needless humiliation should be avoided. (1916, p. 27.) liS: 11 ;:: the duty of each Lodge to have a Committee on Delinquent members, vrhose duty will be to personally or otherwise interview each member delinquent and ascer- tain the cause for such delinquency, and endeavor to have tho '?!mie paid, or remitted if unable to pay and deserving. (1917. p. 536.) Remitting dues quarterly 128. Dues of members suspended for non-payment of dues: Sec. 128e. Suspension — How restored after two years. Sec. 119. Provided, that should any member sus- pended for non-payment of dues neglect for the period of two years to pay said dues or have the same remitted by his Lodge, said member shall not be restored except by a three-fourths vote by ballot of all the members present at the next stated meet- ing after the petition for restoration is presented. Regulations. 119a. A brother who pays his arrearages becomes re- stored to membership and need not again sign the by-laws. (1864, p. 373.) 119b. The Lodge should not act on a petition for re- storation until the stated meeting next succeeding that at 99 CONSTITUTION § 120-121 which it is brought before the Lodge, and if the applicant does not receive a three-fourths vote of the members pres- ent he is not debarred from making another application at a subsequent stated meeting. (1899, pp. 20, 274.) 119c If the Lodge denies the petition for restoration it should return to the applicant the money paid by him. (1899, pp. 22, 274.) Suspension — Duty of Secretary — Penalty. Sec. 120. Any Secretary failing or neglecting to comply with the requirements of the section relative to notifying delinquents, shall be subject to dis- cipline by his Lodge for neglect of duty. Ritual — Lectures, what authorized. Sec. 121. No Lodge shall receive lectures from any person who is not duly authorized by the Grand Lodge or the Grand Master. The ritual now taught by the Grand Lecturer and recognized by the Grand Lodge must be adhered to by all Lodges and Ma- sons in this Jurisdiction. The Grand Lodge alone has power to authorize any changes therein for the purpose of having it remain as it was handed down from time immemorial. No degree shall be con- ferred except in conformity therewith, and all pro- positions looking to any change in the ritual will be denied consideration in the Grand Lodge. Pro- vided, however, anything in this section to the con- trary notwithstanding, that the Lodges in this juris- diction whose long-established ritualistic work is in part a departure from the uniform ritual of this jurisdiction, may continue to perform such work as the same is now being performed, in so far as the same may not be disapproved by the Grand Master and the Grand Lecturer. (This affects Parfaite Union No. 17, Vallee de France No. 329, and Lodge le Progres de I'Oceanie No. 371.) (As amended 1916.) CONSTITUTION 100 Regulation. 121a. No degree can be conferred through the medium of an interpreter. (1898, pp. 597, 852.) Grand Lecturer, powers and duties: Sec. 54. Lodge must purchase Middle Chamber columns, etc.: Sec. 77m. See also Sec. 142j. Affiliation. Sec. 122. No Lodge shall receive an application for affiliation unless it be accompanied by: 1st. A certificate of membership and good stand- ing as provided in Sections 161 and 248 or 2d. A proper dimit from the Lodge of which he was last a member, or a satisfactory explanation in writing, of his inability to furnish such dimit, to- gether with 3d. The affiliation fee, if any, required by the by-laws of the Lodge, and the sum, if any, required by Section 16-5, and the sum of twenty dollars, as required in subdivision 1st of Section 41; nor shall the application be received unless the applicant shall have proved to the Master of the Lodge that he is a Master Mason. The applicant must be a resident of the jurisdiction, may apply to any Lodge therein, and, if rejected, may apply as often as he chooses to do so. Regi\lations. 122a. The satisfactory explanation in writing should be the best evidence obtainable, and if the dimit is lost or de- stroyed should show that the applicant had been a member of the Lodge — and, being in good standing, — had with- drawn — had received a dimit or certificate which had been lost or destroyed; and the reasons for not producing a duplicate dimit: or it should show that in that jurisdiction a dimit is not issued until joining another Lodge, by pro- ducing the certificate of the Secretary of the Lodge if poss- ible. (1893, pp. 10, 215.) 101 CONSTITUTION § 122-124 122b. The applicant, if rejected, cannot again use the same application, but must sign a new one even if lie wishes to apply again to the same Lodge. (1882, pp. 44 1. 687; 1883. pp. 18, 278.) 122c. This section applies even if the applicant wishes- to join the same Lodge from which he received the dimii. (1905. p. 201.) 122d. If elected, the sum equivalent to six months dues paid by him cannot be applied on account of dues to accrue after election. (1893, p. 212.) As to what constitutes a proper dimit: 122e. It must be in accordance with the regulations of the jurisdiction from which it emanates. (1885, p. 248.) 122f. A dimit without a recommendatorj' certificate is a proper one and enables the brother receiving it to apply for affiliation. (1875, .p. 131; 1899, pp. 23, 278.) 122g. If the Lodge has ceased to exist, he may present in lieu of a dimit a certificate under the seal of the Grand Lodge creating it, showing that the Lodge was legall.v created and acting under lawful authority, and that he was a member thereof in good standing when it ceased to exist. (1900. pp. G43, 901.) 122h. A Master Mason, resident within the jurisdiction of the Grand Lodge, is not subject to the qualifications as to residence within the jurisdiction of the Lodge or as to the time of such residence which are required of petitioners for the degrees. (1915, pp. 295, 381.) Withdrawal of Master: Sec. 142a. * As to affiliation of resident of this jurisdiction receiving degrees in another jurisdiction: Sec. 124. Duty to apply for affiliation: Sec. 165. Saloon keeper or barkeeper ineligible: Sec. 129 A. Stockholder in saloon: Sec. 129Ac. Eight to withdraw: Sec. 159. Eight to certificate of standing: Sec. 161. Burial of duelist. Sec. 123. No Lodge shall bury with Masonic hon- ors any Mason who has fallen in a duel. Masonic intercourse, restrictions as to. Sec. 124. No Lodge shall recognize any Body, purporting to be a Masonic Lodge, which shall be S 124 C0N'STITUTI(3N 102 holdcn within the jiirisdii^tion of the Grand Lod^je of any State or Territory of the United States with <)ut authority from su<"h Grand Lodge; nor shall any I.odge, or any member thereof, admit or hold Ma- s)nic intercourse with a member of any such Body, with an expelled or suspended Mason, witli an il- legal Lodge, with any person who has received de- crees therein or is a member thereof, nor with any Mason not acknowledged as such by this Grand Lodge, or recognize as a Mason any person wlio. being at the time a resident of this State, has re- eeived, or claims to have received, the degrees of Masonry from any source beyond the jurisdiction of this Grand Lod<;e. without proper permission, until the Lodge nearest his place of residence shall have received him as a member. The proper per mission, above mentioned, may only be given by the Lodge nearest his place of residence, and in the Mi.anner necessary for an election to receive the de- grees. Regulations. 124a. By General Regulation 2 all Masonic intercourse with Hamburg was forbidden. This was repealed in 1907. 124b. By General Regulation 13 all Masonic intercourse with the Grand Orient of France was suspended while that body should continue its unlawful invasion of the jurisdic- tional rights of the Grand Lodge of Louisiana. This is still in force. (^But see Sec. 125j.) 124c. A resident of this State receiving degrees in an army lodge must apply to the Lodge nearest his place of residence and cannot be recognized until that Lodge shall rrreive him as a member. (1900. pp. 643. 866, 901. :> 124d. One made a Mason in violation of this Section 13 not clandestine, but cannot be recognized until he com- r!-ps with it. (1S94, pp. 537. 762.) 124e. The Lodge nearest his place of residence niny renuire the full fee for degrees before reciving such an one. (Idem). 124f. Where a resident of this State, temporarily abroad, is elected there and a request is made to a Lodge here to confer the degrees or any of them upon him, such Lodge here, knowing the facts, cannot do so. (1899, pp. 25. 274.) 103 CONSTITUTION 5 124 The process prescribed by this Section constitutes heal- ing. See Section 7 ante, note j. 12ig. The proper permission above referred to can be eivfn by the Lodge nearest the place of residence at any time before the third degree is conferred, and thereafter we may recognize him as a Mason after the foreign Lodge receiving the permission shall have conferred the remaining degree or degrees ; but after the three degrees have been conferred it is too late to give the permission. The Lodge nearest the place of residence may waive all fees or it may require as a condition to granting the permission any amount not exceed- ing its fee for the three degrees. (1912, pp. 159, 162.) 124h. Where less than the three degrees have been conferred in violation of this section, and proper permission is not asked for or has been refused, the one receiving such degree or degrees, if he desire recognition, must sign and make the usual application for the remaining degree or de- grees, with the usual recommendation and references, which must take the same course as any other application for the degrees; and if he shall be elected, only the degree or de- grees not yet received by him are to be conferred. The fee to accompany the application shall be not less than the reg- ular fees of the Lodge for the degree or degrees not yet con- ferred, and shall not be over the full fees of the Lodge for the three degrees. If the applicant be rejected the amount ia to be returned. (1912, pp. 159, 162.) 124i. Where all the three degrees have been conferred in violation of this section, it is too late to give the permis- sion, and the only way such an one can be recognized is by electing him a member of the Lodge nearest his place of res- idence. No other Lodge in this jurisdiction can receive any application from him or do anything for him. He must make an application in the usual form of an application for affil- iation. The fee to accompany the application shall not be less than the regular affiliation fee of the Lodge and shall not be over the full fees of the Lodge for the three degrees. If the applicant be rejected the amount is to be returned. (1912, pp. 159, 162.) 124j. It is proper for a Lodge conferring a degree or degrees in violation of this section to paj to the Lodge having jurisdiction the full amount received by it. If the amount so paid exceeds the full fee of the Lodge having jurisdiction for fhe three degrees, the excess is to be returned. If the Lodge having jurisdiction refuses permission or fails to receive the person as a member, it should return such fees to the Lodge transmitting them. (1912, pp. 159, 162.) Clandestine Mason may apply for degrees: Sec. 94a. Negro Masonry: Sec. 8a. Waiver of jurisdiction in this State: Sec. 96. § 125 CONSTITUTION 104 As to one elected or receiving degrees in this State without waiver from the Lodge having juris- diction: Sec. 96d. 96e, 96f. Visiting — Rights — Restrictions — Avouchment. Sec. 125. No Lodge .«liall admit a visitor without due inquiry or examination, nor unless he can and does produce written evidence, under the seal of his Lodge, that he is in good standing therein, and shall prove himself to be a Master Mason either by pri- vate examination under the test oath or by avouch- ment under the following restrictions: No Mason shall vouch for a visiting brother unless he shall have sat with him in open Lodge, or has examined him under proper authority, or, in case a member of one Lodge has sat in open Lodge with a visiting brother, such brother, so sitting, can vouch for such visiting brother to a member of any other Lodge, all three being present, and such brother to whom such avouchment is made can then vouch for such visiting brother to the Master of his Lodge. Private examinations and lecturing a visitor in the work, without authority, are both forbidden. ITor shall a visitor be admitted if there be, in the opinion of the Master, a valid objection made to such admission by a member of the Lodge. Such objection shall be made privately to the Master, stating the reason therefor. The Master's decision thereon shall be final, and he shall not disclose to the visitor, any member, or any other person the name of the brother objecting, but shall privately inform the visitor that a brother objects. The right to visit Masonically is not an absolute one, but a favor which any law- ful Mason, in good standing, has the right to ask, but which the Lodge may refuse. No Mason shall visit a Lodge without being satisfied of its lawful 105 CONSTITUTION § 125 authority. All Lodges are required to show a visitor their charter if requested so to do. The Master may, at any time, in his discretion, request the visitors to retire, and should do so when the private affairs of the Lodge are under discussion. Regulations. 125a. Sitting with a brother in the Chapter, Command- ery. or Scottish Rite does not entitle one to vouch for him in the Lodge. (1907. p. 714.) 125b. Although a Mason, coming here to make his permanent home, ought to affiliate, yet, if he do not, his right to visit is not affected. (1S77, p. 184.) 125c. A negro, if a member of a regular Lodge, has the same right to visit as any other Mason. (1872, p. 552; 1873, pp. 24, 180.) 125d. A Mason, holding a dimit, cannot after six months in this State visit without first applying for affili- ation. (1894, pp. 5.39, 769.) It may be added that under our law as it now stands, after he has been in the State two years, a Mason cannot visit until he shall not only apply to a Lodge, but shall have been elected therein. 125e. One who is a resident of this jurisdiction, re- ceiving the three degrees in another jurisdiction without the proper permission required by section 124, is not entitled to visit any Lodge in this jurisdiction. (1912, pp. 159, 162.) 125f. After a visiting brother from a jurisdiction out- side of California has been duly examined and his name entered in the register kept for the purpose, the Secretary of the Lodge shall notify the Secretary of the Lodge of which such visiting brother claims to be a member, advis- ing the fact of such visitation. (1913, p. 232.) 125g. The question as to whether there is a good and valid ground to refuse admission to a visitor is left to the sound sense and discretion of the Master, he being governed by his own view of what is best under the circumstances. It is inexpedient for th-e Grand Lodge to attempt to lay down anv rules for his guidance in the matter. (1915, pp. 293. 382.) 125h. Examinations of visiting brethren shall be had within the jurisdiction of the Lodge which the visitors desire to attend. (1916, p. 27.) 1261. A brother must not be permitted to risit a Lodge under an assumed name. (1917, p. 280.) 125j. Resolved, iiiui Juiiii^ tlie iiieseni war any inhibi- tion upon the right of visitation heretofore imposed" by this Grand Lodge be, and the same is, modified insofar as it may be necessary to allow and permit our brethren to hold I 125-127 CONSTITUTION 10^ Masonic intercourse with the Masons in France. Belsi'mi and Italy, and to visit any of their Lodges. (1917, p. 566.) EXPLANATORY NOTE: That this new section may not be misunderstood, it is thought proper to state that while private examinations are forbidden by the section, yet, such examinations are only forbidden as the pre- requisite to vouching for a brother and admitting him as a visitor. Of course, it is to be understood that, when a Mason applies to another for immediate relief, it is not intended to forbid the brother to whom such application is made, from satisfying himself that the person so applying is a Mason beiure he shall treat him as such by granting the relief. Historically, it will be interesting to say. that the defini- tion of the right to visit contained in this section is taken from sections 26 and 149 of the Manual, and that Dt. Mackey in his work on Masonic Jurisprudence, written in 1859, criticises this definition of the right to visit. After reading his explanation and the section quoted from our California Decisions, we in California need not fear to stay by our own law on the subject, as it certainly is, at least, as intelligently expressed as Dr. Mackey's, and considering the fact that it has been the law in this jurisdiction since 1855 we in California can still adhere to it. Visitor not to record name in pencil: Sec. 151a. Member, right to attend meetings: Sec. 156. Annual returns and dues — Penalty for default. Sec. 126. No Lodge, which shall have failed to make its annual returns, with payment of its dues, as provided in Section 80, and in Section 150, shall be entitled to representation at the next Annual Communication. Penalty for non-payment of dues by member: Sees. 117—120, 166. Penalty for non-payment of dues to Grand Lodge: Sec. 6. Donation of fees — Circulars — Decoration of altar. Sec. 127. No Lodge shall confer the degrees of Masonry gratuitously, nor shall it donate such fees back to the candidate under any pretext whatever. Nor shall any Lodge, by circular or otherwise, so- licit pecuniary assistance from Lodges or Masons of 1C7 CONSTITUTION § 127-128 this or other jurisdictions, without the permission of the Grand Master. Nor shall any Mason circulate here a petition asking financial aid for any matter or thing whatever, not Masonic, however worthy it may be. Nor shall any Lodge send out any circular or other communication to Lodges or Masons con- r-erning legislation to be brought before the Grand Lodge, without the permission of the Grand Master. Nor shall any Lodge send out any circular or other Communication to Lodges or Masons concerning the election of officers in the Grand Lodge. There is no Masonic authority for decorating the altar of the Lodge with anv flag of any country. (As amended 1920.) Regulations. 127a. A Lodge cannot donate the affiliation fee back to the applicant, if elected, under any pretext whatever. 1912. p. 152.) See also 41e. Testimonials to retiring Master: Sec. 88a. Dues — Uniform receipts — Remitting — Assessments. Sec. 128. From and after the stated meeting of December, 1918, no Lodge shall charge or collect as its anual dues from members less than nine dollars. The only receipt for dues to be used by the Lodge shall be a uniform one prepared by the Grand Secretary and sold by him. No Lodge shall, by amendment to its by-laws, resolution or otherwise, remit the dues of its members or any of them for any stated period or in advance, but it may annual- ly remit the accrued dues of those of its members vrho render special services for the Lodge or who are unable to pay them. No Lodge shall levy any extra assessment on its members. Provided, that during such time as the United States may be engaged in the present war, any Lodge is hereby authorized to remit in advance, for the period of his service in § 128 129 CONSTITUTION 108 the war, the dues of any member who may be in the military or naval service of the United States or its allies, and no per capita tax shall be payable to the Grand Lodge for such member during the period for which his dues are so remitted. (This of course is optional with Lodges, and the ability to pay dues may be considered, or disregarded.) Regulations. 128a. Although the Lodge remits the dues of a member, it must still pay Grand Lodge dues for him. (1862, p. 376.) (But see Sec. 41 and 41c.) 128b. Dues commence immediately on the election of an affiliate. (187.5, p. 18.) 128c. But affiliation is not fully consummated and dues do not begin until dimit is filed with the Secretary at a stared meeting. (1905, p. 205.) See Sec. 161. 128d. Members exempted from the suspension involved in an arrest of the charter of the Lodge should pay dues — to the Lodge if the charter is restored — to the Grand Lodge if revoked. (1888, p. 674.) 128e. A member should pay dues while suspended for non-payment of dues but not while suspended for cause, and that one suspended for non-payment of dues who is also suspended for cause should only pay dues during the former suspension. (1865, p. 100.) 128f. Liability for dues ceases immediately on with- drawal. (1909, p. 125.) 128g. The Lodge may refund to one who has paid dues in advance and then becomes a life member, the part of the dues, if anv, in excess of those for the current quarter. (1912, p. 149.) 128h. When a Lodge increases its dues, it has a right to collect the additional amount of dues from the date when the increase becomes effective, even from members paying in advance for a year and receiving a receipt to the end of the year. (1913, pp. 77, 162.) Impress of Seal required: Sec. 84. Eemitting dues after notice, 118. Eemitting dues after suspension, 118 — 119. Seal of Lodge, duty of Secretary to affix: Sec. 84. Life membership, how acquired. Sec. 129. Provided, that the Lodge, by the adop- tion of a standing resolution to that effect, which resolution shall not be acted upon at the stated 109 CONSTITUTION § 129 meeting at which it is introduced, nor until notice in writing thereof shall have been forwarded by- mail to every member, may provide for a system of life mebmership, which shall forever exempt the member from the payment of dues therein. Said resolution shall provide that no life membership shall be granted except upon payment of a sum of money named therein, which sum shall, in case the annual dues are $12.00, be not less than the sum of $150.00, and the minimum amount to be proportionately greater or less as the dues are greater or less, and shall further provide that all amounts paid for life membership shall be invested only in such reputable banks of deposit, or in such bonds of the United States, State of California, or some County, City and County, City or Town, thereof, or in such other first-class stocks, bonds or securities as may be directed by the Lodge, and ap proved by the Master, and that -only the income thereof shall be used by the Lodge, the original amounts to be forever kept and maintained as and for a permanent Life Membership Fund. Said resolution shall require the Secretary, in making hia annual report to the Grand Lodge, to report the number of life members borne on the roll, the amount of the fund thus created, and the manner in which said fund is invested. Said resolution shall take effect only upon its approval by the Grand Master. Regulations. 129a. A Lodge cannot rescind a contract for life mem- bership. (1879, p. 190; 1902, pp. 704, 1044; 1909, p. 127.) 129b. Exemptions from dues by reason of life member- ship is not affected by subsequent increase of dues. (1917. p. 282.) (Overruling 1888, page 677.) 129c. A brother who is a life member of a Lodge sub- sequently going out of existence, is only in the same position as a dimitted Mason, and if he affiliates he must pay dues. (1898, p. 850.) § 129a-130 CONSTITUTION 110 Eefunding dues to one becoming a life member: Sec. 128g. Saloon Keepers and Barkeepers ineligible. Sec. 129A. No Lodge shall receive an application for the degrees of Masonry or for affiliation, from any one who is engaged either as principal, age it or employe, in the saloon business (except in con- nection with and as part oi the operation of a bona fide hotel or restaurant), or who is a barkeeper; and any Mason who may hereafter enter upon and en- gage in the saloon business, either as owner, agent or employe, except in connection with and as part of the operation of a bona fide hotel or restaurant, or who shall become a. barkeeper, shall be deemed guilty of unmasonic conduct, and shall, upon due trial and conviction of said offense, forfeit all Masonic rights and privileges, including member- ship in any Lodge. 129Aa. A grocer supplying liquors to customers at their homes only in flasks or bottles is not engaged in the saloon business, is not a barkeeper, and is not ineligible for the degrees. (1915, pp. 290, 381.) 129Ab. Charges should be preferred in the lodge within whose territorial jurisdiction he resides against one dimitting to go into the saloon business. (1915, pp. 293, 381.) 129Ac. A stoclcholder in a corporation engaged in ope- rating a saloon is not guilty of a Masonic offense unless he has such control over the operations of the corporation as would fairly render him responsihle for tlie course of the corporation in this regard. (1917, pp. 280, 512.) ARTICLE IV. Of the Dissolution of Lodges. Sec. 130. How accomplished. 131. Surrender of charter. 132. Forfeiture of charter. 133. Effect of forfeiture or arrest. 134. Property rights after surrender or forfelturv How accomplished. Section 130. A Lodge may be dissolved — iii CONSTITUTION § 131-132 1st. By the voluntary surrender of its charter, when such surrender shall have been accepted by the Grand Lodge: or 2d. By the revocation of its charter by 'the Grand Lodge. Collection of dues and assets: Sec. 42. Organization of Lodges: Sec. 72 et seq. Surrender of charter. Sec. 131. A Lodge may surrender its charter if notice shall be given at a stated meeting that a resolution to that effect will be presented at the next succeeding one, and if, at such succeeding meeting, there shall not be thirteen members pres- ent who oppose such resolution; but no such act of surrender shall be considered final until it shall have been approved and accepted by the Grand Lodge. Status of life members: Sec. 129c. Status of members: Sec. 160. Belief: Sec. 88m, 163d. Forfeiture of charter. Sec. 132. A Lodge may forfeit its charter — 1st. By disobedience to any provision of the Con- stitution or Eegulations of the Grand Lodge: 2d. By disregard of the lawful authority of the Grand Master: 3d. By violation or neglect of the ancient and recognized usages of the Craft: 4th. By receiving applicants known to be un- worthy, or refusing or neglecting to discipline un- worthy members: or 5th. By failure to meet within a period of six successive months. But no charter shall be forfeited unless charges § 132-134 CONSTITUTION 112 against the Lodge shall have been presented to and investigated in the Grand Lodge, of which charges the Lodge accused shall have had due notice; though the same may be arrested until the next Annual Communication, either by the Grand Lodge or the Grand Master, upon satisfactory reasons therefor being shown. Regulations. 132a. If a Lodge fails to install a Master within a reasonable time, qualified to confer the three degrees, it is the duty of the Grand Master to demand the surrender of Its charter. (1880, p. 596.) 132b. Where there is no hope for harmony the Lodge should cease to exist. (1887, p. 211.) Forfeiture for electing intemperate master: Sec, 135m. Effect of forfeiture or arrest. Sec. 133. The forfeiture or arrest of the charter of a Lodge involves the suspension of all its members from the rights and privileges of Masonry, except those who may be specially exempted from such effect. Members are non-affiliates: Sec. 165d. Dues of members exempted from forfeiture of charter: Sec. 128d. Status of life members: Sec. 129c. Property rights after surrender or forfeiture. Sec. 134. The surrender or forfeiture of the char- ter of a Lodge, when declared by the Grand Lodge, shall be conclusive upon the Lodge and its members; and all its funds, jewels, furniture, dues, and prop- erty of every kind shall be disposed of as provided in Section 42. 113 CONSTITUTION § 135 PART IV. Of the Officers of Subordinate Lodges. Article I. Of Elections, Appointments and Install- ations. Sees. 135 — 141. II. Of the Master. Sees. 142—146. III. Of the Wardens. Sees. 147—148. lY. Of the Treasurer. Sec. 149. V. Of the Secretary. Sees. 150—152. VI. Of the Appointed Officers. Sec. 153. ARTICLE I. Of Elections, Appointments and Installations. Sec. 135. Election and installation, when and how held. 136. Master, qualifications of. 137. Wardens, qualifications of. 138. Election at other than stated time — Dispensa- tion for. 139. When Master fails to procure certificate. 140. Qualifications of voters and officers. 141. Appointive Officers. Election and installation, when and how held. Section 135. The Master, Wardens, Treasurer and Secretary of each lodge shall be elected annually, by ballot, at the stated meeting next preceding the anniversary of Saint John the Evangelist; and a majority of the votes cast shall be necessary to elect. They shall be installed as soon as practicable thereafter, and shall hold their respective offices until their successors shall have been duly elected and installed. Installations may be either public or private. (As amended 1915.) Regulations. 135a. An election held on any other day than that fixed herein, without dispensation, is void. (1874, p. 467; 1880, p. 418; 1894, pp. 539, 768.) 135b. Although no rights are lost by not holding it, ag the officers hold over. (1872, p. 578.) I 135 CONSTITUTION 135c. The election must be completed at this particular meeting. (1899, pp. 20, 200; 1901, pp. 18, 312.) 135d. Blanks found in the ballot box are not to be counted. (1878, pp. 419, 620.) 135e. Nominations are proper. (1872, p. 561.) 135f. An election cannot be reconsidered. (1874, pp. 461, 598.) 135g. If the Master elect declines, the Lodge may. at that meeting, ballot again for Master. (1893, pp. 16, 213.) 135h. The Master elect so declining is not ineligible even if the election be subsequently held under dispensation. (1899, pp. 21, 274.) 135i. The pendency of charges does not prevent the installation of the Master elect. (1877, p. 198.) 135j. If objection is made to the installation, only an extraordinary state of facts would justify refusing to install a Master-elect presenting a proper certificate. (1900, pp. 642, 900.) 135k. If the Master-elect is not present the other Officers may be installed, and the Master may be installed when able to attend. (1893, pp. 10, 215.) 1351. It is not absolutely necessary that the Master should have been a Warden. (1857, p. 118.) 135m. The Lodge should see to it that the brother it elects as Master is of good repute and of proper habits. A Lodge electing a Master known to be intemperate ought to be suspended. (1877, p. 180.) 135n. There is no law preventing the election of a Master who has been maimed. (1874, p. 467.) 1350. It is the duty of the Master to install his suc- cessor. The Master-elect cannot select the installing officer, but a Master-elect installed bv a Past Master, though selected by himself, is duly installed. (1882, pp. 441, 687.) 135p. The Lodge must not, by mere nou-action on its part, permit the officers of one year to hold over throughout the succeeding year. There is no objection to the re-elec- tion of the same officers. (1915, pp. 296, 381.) 135q. Where installation is to take place in a building ether than where the Lodge regularly meets, the Lodge should open in the T>odgeroom and then repair to the place of installation. (1916, p. 24.) Election and appointment of Grand Officers. Sec. 17 et seq. 115 CONSTITUTION § 135-136 Installation of Grand Officers: Sec. 17 et seq. Ballot defined: Sec. 77h. Investiture of appointive officers: Sec. 141. Officers enumerated: Sec. 76. Who qualified to vote and eligible: Sec. 140. Master, qualifications of. Sec. 136. There can be no installation by proxy. No Master of a Lodge shall be installed until he shall have produced to the installing officer the certificate of the Grand Lecturer or of the Inspector of the district in which such Lodge is situated, certifying that he has personally examined such Master-elect, and that he is qualified to give the work and lectures entire in the three degrees, and that he is thoroughly proficient in those portions of the Constitution and General Eegulations of the Grand Lodge which relate to the government of a Lodge. Such certificate, endorsed by the installing oflScer, shall be forwarded to the Grand Secretary, to be kept on file in his office. Eegulations. 136a. An installation without producing a certificate is void. (1879, p. 190.) 136b. Inspectors are not charged with the duty of ex amining the moral fitness of the Master-elect. (1877, p. 180.) 136c. A certificate is not a necessary pre-requisite to the installation of the officers of a newly chartered Lodge. (1885, p. 248.) 136d. A Master re-elected must furnish a certificate. (1873, p. 211.) 136e. The Inspector (being still satisfied as to his pro- ficiencT) mav furnish the certificate to him without exam- ination. (1876, p. 513; 1877, p. 195.) Duty of Grand Lecturer and Inspectors: Sees. 54, 55. See also Sec. 142j. ^ 137-138 CU.NSTITUTIOJ^ 116 Wardens, qualifications of. Sec. 137. No Junior Warden of a Lodge shall be installed until he shall have produced to the installing officer the certificate of the Grand Lec- turer or of the Inspector of the district in whicL his Lodge is situated, certifying that he has per- sonally examined such Junior Warden-elect and that he is qualified to give the work and lecture of the First Degree; and that no Senior Warden shall be installed until he shall have produced a like cer- tificate of his qualification to give the work and lectures of the First and Second Degrees. Such certificates shall be sent to the Grand Secretary and filed in his office. If any Warden-elect fail to procure such certificate within sixty days of elec- tion or such further time as may be, upon a satis- factory showing, granted by the Grand Master, his election shall be invalidated and a special dispen- sation issued to hold an election for the place of such Warden; provided, however, that the Warden elected under such dispensation shall not be the one who had been previously elected and who had failed to qualify. Duty of Grand Lecturer and Inspectors: Sees. 54, 55. Election at other tHan stated time — Dispensation for. Sec. 138. In case any Lodge shall fail to hold such election at the time above named, upon good cause being shown therefor the Grand Master may issue a dispensation to hold such election at another time; and in case a vacancy shall at any time oc- cur in either of the offices of Master or Warden in any Lodge, upon proper representation of the neces- 117 CONSTITUTION § 13S-139 sity therefor the Grand Master may issue a dispen- sation for an election to fill such vacancy. But in either of these cases, such dispensation shall be is- sued only upon the application of the Lodge, setting forth the reasons therefor, to be approved by two- thirds of the members present at a stated meet- ing, and to be properly certified by the Secretary; and of the special election which may thus be or- dered, the members shall have due notice. Regulations. 138a. A dispensation cannot be granted merely because the brethren are dissatisfied with the result of the annual election. (1899, pp. 21, 274.) 138b. If a Warden-elect gives notice that he will not serve, the office may be declared vacant and a dispensation issued. (1909, p. 123.) 138c. In case of a vacancy in any office, other than of Master and Wardens, the Master has power to fill it. (1894, pp. 540, 770.) 138d. He should, in such case, appoint a Secretary or Treasurer to fill a vacancv except under peculiar circum- stances. (1881, p. 17; 1882, p. 660; 1886, pp. 441, 687; 1894, pp. 540, 770; 1898, pp. 23, 274.) 138e. A dispensation can issue to fill such vacancy. (1899, pp. 21, 274.) 138f. The Master has power to suspend any officer fail- ing to quality. (1888, pp. 463, 678.) 138g. In case of the death of the Master the Warden succeeds, and a dispensation need not be applied for, but if one is granted any member in good standing whose dues are paid is eligible. (1894, pp. 538, 765.) Fee for dispensation: Sec. 39, sub. 3. When Master fails to procure certificate. Sec. 139. When a Lodge fails to install its of- ficers within a period of sixty days subsequent to their election, because of the failure of the Master- elect to procure the necessary certificate of quali- fication from the Inspector of his District, said Lodge shall immediately thereafter petition the § 139-141 CONSTITUTION 118 Grand Master for a special dispensation to hold an election for a Master; and the Master elected under such dispensation shall not be the one who had been previously elected and who had thus allowed it to be shown that he was not able or willing to qualify himself for such certificate. Provided, the Grand Master may, upon a satisfac- tory showing, grant further time to the Master- elect to procure such certificate. Failure to qualify, penalty: See. 132a. Qualifications of voters and officers. Sec. 140. None but members in good standing, whose dues are paid, shall be entitled to vote at an election; and every voter shall be eligible to any office in the Lodge. Regulations. 140a. A brother in arrears for non-payment of dues who has been granted an extension of time, cannot vote or hold office. (1899, pp. 24. 274; 1894, pp. 539, 768.) 140b. In order to vote or hold office, dues must be paid as required by the Uniform Code of By-laws, Art. IX, Sec. 2, i. e., quarterly in advance. (1909, p. 123.) 140c. There is no rule requiring the Secretary to pre- sent a vt^ritten report as to the status of members with ref- erence to the payment of dues, nor as to how the Master shall secure the ballot against votes of delinquents, these things being left to the Master's discretion. (1909, p. 124.) 140d. The irregularity of permitting delinquents to vote does not vitiate the election. (1895, pp. 17, 262.) Method of election: Sec. 135a to 135o. Appointive Officers. Sec. 141. The Deacons, Tyler, and such other sub- ordinate officers as the by-laws of each Lodge may designate, shall be appointed in such manner as they may direct; and the officers so appointed shall be properly invested as soon as practicable after their appointment. 119 CONSTITUTION § 141-142 Regulations. 141a. The Master may appoint qualified brethren to act in conferring the second section of the third degree. (1878, p. 623.) 1411). He cannot appoint an officer on salary to instruct candidates. (1905, p. 207.) 141c. The Chaplain must be a member of a Lodge in California. (1909, p. 124.) 141d. Bv Art. TT, Sec. 1 of the Uniform Code of By- Laws, the Tiler need not be a member of the Lodge. 141e. The Tiler, being a member in good standing, can and should debate and vote on questions before the Lodge. ;1895, pp. 18, 263.) ARTICLE II. Of the Master. Sec. 142. Powers. 143. Duties. 144. Decisions — Appeal — Review. 145. Casting vote. 146. Penalty for neglect of duty. Powers. Section 142. The Master shall have power — 1st. To congregate his Lodge whenever he shall deem it proper: 2d. To issue, or cause to be issued, all summonses or notices which may be required: 3d. To discharge all the executive functions of his Lodge: and 4th. To perform all such other acts, by ancient usage proper to his office, as shall not be in contra- vention of any provision of the Constitution or Eeg- ulations of the Grand Lodge. Regulations. 142a. The Master or any other officer can resign his office and withdraw on the same night. (1864, pp. 251, 365; 1869, p. 114.) S 142 CONSTITUTION 120 142b. The officers undertake to be diligent in perform- ing their official duties, and the Master may suspend one neglecting them, even a Warden. (1883, pp. 463, 678.) 142c. The Master has the right to appoint pro tempore to fill a vacancy during the unexpired term. (1875, p. 18; 1882, pp. 442, 686.) 142d. He is the proper custodian of the funds in case (pf a vacancy in the office of Treasurer, (1893, p. 18; 1912, p. 155.) 142e. He can direct the Secretary to draw a warrant for Grand Lodge dues without vote of the Lodge. (1893, pp. 13, 221.) 142f. He ought not to participate in debate without call- ing a Warden to the chair. (1882, pp. 442, 686.) 142g. If expedient to assign a reason to a candidate for delay in conferring degrees, it should be the true reason. (1893, pp. 17. 217.) 142h. The office of Master does not become vacant by the failure of the Lodge to elect or by the failure of the Master-elect to qualify. (1881, p. 17; 1882, p. 660.) 142i. The Master cannot transfer his duties to either of the Wardens when he is present. (1885, p. 247.) 142j. This does not, however, prevent the Master from inviting either Warden or Past Master or any qualified Ijrother to confer a degree, in accordance with our ritual ihe Master remaining present. (1884, pp. 564, 736.) And I lie Master may invite qualified brethren to fill all the offices and positions in conferring a degree, but he must .->ee to it that the work is performed strictly according to our ritual, (1917, pp. 280, 514.) The Master has NOT the power. 142k. To demand or receive any compensation whatever from the funds of the Lodge for services in installing his successor. (1896, p. 569.) 1421. To suspend a By-Law, (1894, pp. 539, 768.) 142m, To pronounce suspension for non-payment of dues without jurisdiction by notice, and if he does so the act is void, (1874, p, 562.) 142n. A Master initiating a candidate on the night on which he was elected to receive the degrees, for the pur- pose of forestalling objection, violates his duty. (1912, p. 157.) 1420. A Master who convenes a stated meeting of his Lodge prior to the time fixed by the by-laws, for any improper purpose, is guilty of a serious breach of duty. (1912, p. 157.) 121 CONSTITUTION § 142-143 142p. The Master has power to issue a summons when- ever the business of the Lodge requires it, and he may summon members to attend any meeting of the Lod2:e what- ever, if in his opinion the business to be transacted at the meeting requires such action on his part. (1914, pp. 21, 129.) Election and installation: See. 135 et seq. Discretion as to admitting visitors: Sees. 125^ 125g. Past Master, term applies to whom: Sec. 224. Powers of Grand Master: Sec. 43. Title of Master applies to whom: Sec. 222. Power to fill vacancies: Sec. 138, c, d, e. Power to suspend oflScers: Sec. 138f. Charity Committee: Sec. 87b. Master who does not heed objection to advance- ment by those not members is derelict in duty: Sec. lllf. Master may object to advancement: See. lOSd, 109c. Duties of Master. Sec. 143. It shall be his duty — ist. To preside at all meetings of his Lodge: 2d. To confer all degrees in strict accordance with the ritual which has been, or may hereafter be, ordained by the Grand Lodge: 3d. To give, in full, the lectures appertaining to each degree, at the time it i3 conferred, in accord- ance with such ritual: 4th. To examine the record of proceedings at each meeting of his Lodge, when fairly transcribed by the Secretary, and, if found correct, subscribe his approval thereof: § 143-145 CONSTITUTION 122 5th. To superintend the official acts of all the officers of his Lodge and see that their respective duties are properly discharged: and 6th. To carefully guard against any infraction, by the members of his Lodge, of its own by-laws, of the Constitution or Regulations of the Grand Lodge, or of the General Regulations of Masonry. Regulations. 143a. The degrees without the lectures are incomplete, bit the Master can omit a portion of the opening and clos- ing ceremonies but not all of them. (1854, p. 331; 1861, p. 74.) 143b. The Master should carry his gavel at funerals and on public occasions as the Lodge is under his executive con- C'.introl when "at refreshment." (1874, p. 466.) 143c. The Master or Warden may invite any qualified brother to confer a degree in accordance with our ritual, he remaining present. (Sections 78, 78b, 142j, Const.) (1834, pp. 564, 736.) Duties of Grand Master: Sec. 44. Approval of Minutes: Sec. 150. Decisions of Master — Appeal — Review. Sec. 144. From the decisions of the Master there shall be no appeal to the Lodge; but objections to such decisions may be laid before the Grand Master and dealt with by him. (As amended 1920.) Charges against Master and trial: Sec. 175 et seq. Master has casting vote. Sec. 145. In all cases of a tie vote, except votes by ballot, the Master, in addition to his proper vore, may have the casting vote. 12.^ CONSTITUTION § 145-147 Regulation. 145a. The Master is not entitled to the casting vote at the election of officers. (1888, pp. 454, 674.) Grand Master, casting vote: Sec. 26. Penalty for neglect of duty by Master. Sec. 146. For the neglect or violation of any duty imposed by this Constitution upon the Master of a Lodge, he shall be subject to deprivation of office, suspensions, or expulsion, as provided in Sections 175-183. Regulations. 14 6a. A Master who is intemperate should be suspended from office. (1877, p. 180.) 14:6b. If he is guilty of ungentlemanly conduct or obscene c inversation, his services mav well be dispensed with. (1889, p. 194.) 146c. He (and everv officer) undertakes to perforin the duties of the office faithfully. (1889, p. 194.) 146d. If the Master does not qualify himself, the Grand Master mav, and upon complaint being made, should sus pend him from office. (1888, pp. 463, 678.) Trial of Master: Sees. 175, 183. ARTICLE III. Of the Wardens. Sec. 147. Duties. 148. Absence of Master. Duties. Section 147. It shall be the duty of the Wardens to assist the Master in the performance of his duties, and to discharge all those duties which ancient usage has assigned to their respective stations. § 147-149 CONSTITUTION 124 Grand Wardens: Sec. 45, 46. Warden may invite one to confer degrees, when: Sec. 143c. Wardens — Absence of Master. Sec. 148. In the absence of the Master, the Senior Warden (and in his absence also, the Junior Warden) shall succeed to and be charged with all the powers and duties of the Master. Regulations. 148a. In case of the death of the Master the Senior Warden succeeds to the office and sn^uld assume its duties. ;i894, pp. 538, 765.) 1481). In the absence of the Master, the Warden, r*>- ffiaining present, may call a Past Master to preside. (1887, D. 21.) ARTICLE IV. Of the Treasurer. • Sec. 149. Duties. Duties. Section 149. It shall be the duty of the Treas- urer — 1st. To receive and safely keep all moneys or property of every kind which shall be placed in his hands by order of the Lodge: 2d. To disburse or transfer the same, or any part thereof, upon the order of the Master, duly at- tested by the Secretary: 3d. To keep a book or books wherein a correct account of his receipts and disbursements shall be exhi])ited- 125 CONSTITUTION § 149-150 4th. To present a statement of the finances of the Lodge whenever required: and 5th. To perform such other duties, appertaining to his office, the by-laws may require or the Lodge may at any time direct. 6th. To execute and file with the Master within fifteen days after his installation an official bond in such penal sum and with such sureties as shall be approved by the Master, conditioned that he will faithfully discharge the duties of his office as prescribed by the Constitution of the Grand Lodge and the By-Laws of his Lodge. Grand Treasurer: Sec. 47 — 49. Master custodian of funds in case of vacancy Sec. 142d. ARTICLE V. Of the Secretary. Sec. 150. Duties. 151. Lodffe books. 152. Account books. Duties. Section 150. It shal be the duty of the Secre- tary — 1st. To record all proceeilings at each meeting proper to be written, under the direction of the Master, and to transcribe the same in a minute book to be kept for that purpose, and at the next stated meeting to submit the minutes so transcribed to the Lodge for approval or correction, and after t|ie same are so corrected and approved, to present the same to the Master for his signature. (As amended 1920.) 2d. Kepealed. § 150 CONSTITUTION 126 3d. To prepare and transmit a copy of such rec- ord, or of any part thereof, to the Grand Lodge, when required: 4th. To collect and receive all moneys due to the Lodge and pay them over to the Treasurer: 5th. To keep the seal of the Lodge and to affix the same, with his attestation, to all papers issued under its authority or in obedience to the require- ments of the Constitution and Regulations of the Grand Lodge. 6th. To transmit to the Grand Secretary, im- mediately after each election and installation in the Lodge, a certificate thereof in the form prescribed in Section 249. 7th. To transmit to the Grand Secretary the an- nual report required in Section 80, in such form as shall be provided and 8th. To report to the Grand Secretary, imme- diately after their occurrence, all rejections for the degrees, expulsions, suspensions, and restora- tions, in the forms provided in Section 241. 9th. To execute and file with the Master within fifteen days after his installation an official bond in such penal sum and with such sureties as shall be approved by the Master, conditioned that he will faithfully perform the duties of his office as prescribed by the Constitution of the Grand Lodge and the By-Laws of his Lodge. Regulations. 150a. The Master has no power to order the Secretary to make changes in his approved minutes. (1896, p. 570.) 150b. The minutes must furnish a complete history of the transactions of the Lodge. Every action must appear, and where the Constitution or Regulations require a pre- 127 CONSTITUTION § 150 scribed course to be pursued the minutes must show that such course has been followed, not by stating a mere con- clusion, but by a plain statement of the facts whence the conclusion follows. (1881, p. 204.) 150c. The records should show that bills have been referred to the auditing committee. (1887, p. 189.) 150d. The Secretary performs the letter of his duty when he is ready to deliver his books and report to the committee appointed to examine them at the place of keeping. The committee has not the power to summona him to appear elsewhere. (1879, p. 169.) 150e. He can make no charge for acting as Secretary of a trial commission for a case transferred to his Lodge (1893, pp. 13, 222.) (See also 207, post.) 150f. The Lodge is bound by his receipt for dues, even if it was given to pay a private debt of the Secretary. <1837, p. 21.) 150g. He should pay over to the Treasurer the funds coming to him as fast as they are received. (1893, p. 511.) 150h. If he neglects his duties and fails to account for money received the Master should suspend him, and cause charges to be preferred against him. (1878, p. 412; 1885, p. 248.) 150i. No leniency will be shown Secretaries in default to their Lodges. (1865, p. 102.) The following are held to be offenses: 150j. Suppressing a paper while acting as Secretary. (1874, p. 184.) 150k. Allowing a person not a member of the L^tdee to see his books. (1871, p. 163.) But it is not a Masonic offense to allow his books to be inspected by a Master Mason in good standing other than a member of his Lodge (1914, pp. 24, 129.) 1501. The Secretary may donate for social or charitable purposes such amount of his compensation for services from the Lodge as he sees fit. (1914. pp. 25. 129.) Grand Secretary: Sec. 50 — 53. Impress of Seal required: Sec. 84. Lodge responsible for neglect: Sec. 92. Objection, duty of Secretary to report: Sec. 103. One denied advancement to be carried on roll: See. llle. Not to serve as commissioner: Sec. 197d. § 150151 CONSTITUTION 128 Reading names of delinquents: Sec. 118k. Suspension for Non-payment of Dues: Sees. 117, 120. To notify visiting Lodge: Sec. 12.5f. Uniform receipts for dues: Sec. 128. Duty at Trials: Sec. 1S8 et seq. Trial Eecord to be kept secret: Sec. 205d. » Trial, duty on restoration: Sec. 210. Master to approve minutes: Sec. 143. Secretary — Lodge Books. Sec. 151. He shall keep the following books of the Lodge, in such forms as may be provided: — 1st. A Record Book, in which he shall record all the transactions of the Lodge, proper to be written, after the same shall have been approved: 2d. A Book of By-Laws, for the signatures of the members in the order of their admission, in which he shall see that each member at once signs his name in full: 3d. A Roll Book, in which he shall record, upon pages alphabetically arranged, the full name or names of all belonging to the Lodge; the dates of their initiation, passing, raising, or affiliation; the name, number and location of the Lodges of which those affiliated last were members; the age and occupation of each when received; and the dates of their withdrawal, expulsion, suspension, death, or restoration: and 4th. A Register, to be kept in the Tiler's room, in which all members shall record their names, and all visitors shall record their names, and the names, 129 CONSTITUTION S 152-153 numbers, and locations of their respective Lodges, before entering the Lodge. 151a. Officers and visitors do not suflficiently record their names in the Tiler's register by signing in lead pencil. (1912, p. 14.) 1511). A card record of visitors is required. (Approved report of Grand Lecturer, 1917.) Secretary — Account books. Sec. 152. He shall also keep such Account Books as may be necessary to present clearly the account of each member with the Lodge, the receipts of the Secretary, and his payments to the Treasurer; and shall preserve the Books of Constitutions and Reg- ulations of the Grand Lodge, which may from time to time be published, together with all the printed Proceedings thereof as promulgated by its order. ARTICLE VI. Of the Appointed Officers. Sec. 153. Duties. Duties. Section 153. The Deacons, Tiler, and other ap- pointed officers shall perform such duties, consonant with the usages of the Craft and appertaining to their respective offices, as may be required by the by-laws or directed by the Master. Appointive officers of Grand Lodge: Sec. 58 — 69. S 154 CONSTITUTION 130 PART V. Of Individual Masons. Article I. Of Membership in a Lodge: Sees. 154 — 161. II. Of Rights, Duties, Prohibitions, and Lia- bilities. ARTICLE I. Of Membership in a Lodge. Sec. 154. How acquired. 155. Degrees — Receiving in another Lodge — Con- sent — Waiver. 156. Member, right to attend meetings. 157. Dual membership. 158. How terminated. 159. Withdrawal — Recommendatory certificate. 160. Member of defunct Lodge, status of, 161. Certificate of standing — Affiliation. How acquired. Section 154. One may acquire membership in a Lodge — 1st. By having regularly received the degree of Master Mason therein: 2d. By having been duly elected for affiliation therewith and complying with the conditions thereof: 3d. By having been named in a dispensation for a new Lodge as one of the petitioners theretur: and 4th. By the consolidation into one Lodge of two or more Lodges, of one of which he was a ii.en.ber, jn the manner prescribed in Section 91. Regulations. 154a. There cannot be honorary membership. (1862, p. 376.) 154b. The By-Laws, Art. IV, Sec. 3, require each member 131 CONSTITUTION § 154-155 raised or affiliating to sign them, but it has been decided that one becomes a member by receiving the third degree or by election, if affiliating, and that the failure to sign the bv-laws does not forfeit the membership without a trial. ■ (1862, p. 377; 1908, pp. 38, 119.) 154c. A candidate who takes the obligation of the third degree and in the progress of the following ceremony is suddenly stricken so ill as to require his immediate re- moval from the Lodge, and continues so ill that further ceremonies cannot be observed, is entitled to all the con- sideration and attention given members, but cannot sit in the Lodge until further instructed. (1881, pp. 16, 658.) Application for degrees: Sec. 94 et seq. Application for affiliation: See. 122, 161. Balloting on Candidates for degrees: Sec. 102 et seq. Life membership, how acquired: Sec. 129. Eights, duties, prohibitions and liabilities, 162 et seq. Also 770. Suspension of members: Sec. 166 — 167. Withdrawal of Member. Sec. 158—161. Degrees — Receiving in another Lodge — Consent — Waiver. Sec. 155. One elected to receive the three de- grees, in a Lodge in this jurisdiction or under the jurisdiction of any other Grand Body recognized as legitimate by this Grand Lodge, may receive the degrees or any of them in another Lodge upon tlie request of such first-named Lodge, attested, if it be under the jurisdiction of any other Grand Body, by the Grand Secretary thereof, under its seal. In which case no petition, reference or ballot is re- quired in the Lodge conferring the degree or de- grees, and he will be a member of the requesting Lodge. No fee shall be demanded therefor. An Entered Apprentice or Fellow Craft may, after re- § 155 CONSTITUTION 132 ceiving a waiver of jurisdiction from his Lodge, peti- tion another Lodge for the remaining degrees or de- gree, accompanying it with the fees required there- for, and, if elected, after the usual reference and ballot, and after receiving the degrees or degree therein, he shall become a member of the Lodge conferring upon him the degree of Master Mason. Regulations. 155a. As to conferring degrees by request, the Lodge doing so cannot construe the request into a waiver, and the brother is a member of the requesting Lodge. (1899, pp. 26, 274.) 155b. The Lodge may refuse to confer the degrees by request unless reimbursed for its reasonable expenses. (1899, pp. 19, 274; 1901, pp. 17, 311.) 155c. The rules of physical qualifications of the juris- diction of the requesting Lodge apply, but if the candidate appears disqualihed under our law a distinct ruling from that Lodge should be had. (1900, pp. 642, 900.) 155d. As to the waiver of jurisdiction: The waiver does not take effect until the candidate has been elected. If rejected, he remains material of the Lodge granting the waiver. (1897, p. 241.) 155e. In case of a Lodge which has ceased to exist, a certificate, under seal of the Grand Lodge creating it that the Lodge was legally established under its laws and that the records of such Lodge show that the Entered Appren- tice or Fellow Craft received the degree or degrees claimed therein may be used instead of the waiver herein prescribed. (1900, pp. 867, 868.) 155f. The request to another Lodge to confer a de- gree or degrees must be made by the first-named Lodge and not by the Master thereof; but the irregularity in the pro- ceedings may be cured by a subsequent approval of the Mas- ter's action by the Lodge. (1912, pp. 153, 154.) 155g. A dimit legally issued to an Entered Apprentice or Fellow Craft by a Lodge under a jurisdiction recognized as legitimate, maj' be accepted as a waiver of jurisdiction by the Lodge issuing it. (1913, pp. 77, 162.) Who may object; Sec. llld. See Sec. 113. As to conferring degrees by request of a foreign Lodge upon one made in violation of Section 124: Sec. 124f. See Sec. 95i. 133 CONSTITUTION § 158-159 Member, right to attend meetings. Sec. 156. A member of a Lodge is at all times entitled to be present and participate in its pro- ceedings while he conducts himself with due order and propriety, but for a breach of the rules of pro- priety the Master may refuse him admission thereto or exclude him therefrom, and he should refuse ad- mission to any member who presents himself in a state of intoxication. Begulation. 156a. Smoking in the Lodge room during the con- ferring of degrees is not proper. (1912, p. 151.) Visitor, right to attend meetings: Sec. 125. Member not to record name in pencil: Sec. 151a. Drunkenness an offense: Sec. 167b. Dual membership. Sec. 157. No Mason shall be a member of more than one Lodge at the same time. Membership — How terminated. Sec. 158. Membership in a Lodge can be termin- ated only 1st. By the dissolution of a Lodge: 2d. By the consolidation of the Lodge with an- other Lodge or other Lodges. 3d. By voluntary withdrawal therefrom, after proper notice given: and 4th. By death, suspension, or expulsion. Withdrawal — Eecomniendatory certificate. Sec. 159. A member of a Lodge, in good standing and whose dues are paid, may withdraw therefrom { 159-160 CONSTITUTION 124 at any time by giving notice of his intention so to do at a stated meeting, and he may receive a cer- tificate of the fact of such withdrawal, in the form prescribed in Section 243, but no recommendatory certificate shall be given him except by a vote of a majority of the members of the Lodge then present. Regulations. 159a. The mere fact that charges have been preferred, or directed by the Lodge to be preferred, does not deprive the member of his right to withdraw, but that after with- drawal charges may be preferred in the Lodge having juris- diction. (1879, pp. 21, 274.) 159b. The moment the member announces his intention to withdraw, his dues being paid, his membership ceases, and it can onlv be regained by affiliation in the prescribed manner. (1864, pp. 251, 354; 1877, p. 181; 1912, p. 151.) 159c. A dimit granted without legal notice on the part of the member is void and of no effect. (1878, p. 621; 1883, pp. 18, 278.) 159d. If the Master resigns and withdraws, the Senior Warden should sign the dimit. (1869, p. 114.) 159e. Those not voting on the issuance of a recommenda tory certificate are presumed to assent, and the motion may be declared carried although only three voted in favor and one against. (1884, pp. 566, 738.) 159f. One whose dimit is lost, is entitled to a dupli- cate thereof, dated as of the original date, which only entitles him to the rights he had under the original. (1900, pp. 641, 899.) 159g. No vote of the Lodge is required to issue a dimit, but a vote is necessary lor a recommendatory certifi- cate. If the Lodge assume to vote on the issuance of the dimit and afterwards reconsiders its vote, this does not thke away the power of the Master to issue the dimit. (1912, p. 151.) 159h. Notice of intention to withdraw, contemplates reading of such notice, if in writing, at a stated meeting. (1917, pp. 281, 511.) Affiliation: Sees. 122, 99 et seq. Member of defunct Lodge, status of. Sec. 160. All Masons who were members in good standing of a Lod^e at the date of the surrender of 135 CONSTITUTION § 160-161 its charter, and whose dues shall have been paid, are entitled to and may receive from the Grand Secretary a certificate of that fact, which certifi- cate shall have the same effect as the regular recom- mendatory certificate of withdrawal issued by an existing Lodge. Certificate of standing — Affiliation. Sec. 161. A member in good standing whose dues are paid, who desires to affiliate with another Lodge, may apply for, and receive from the Secre- tary of the Lodge of which he is a member, a duly attested certificate of his standing. By presenting such a certificate with his petition, a member may apply for affiliation with another Lodge in the manner prescribed in Section 98. If such applicant be elected to affiliate with a Lodge he can become a member thereof, only, after the issuance of a cer- tificate of his withdrawal, which shall be immediate- ly issued upon due notice of his election from the Lodge with which he desires to affiliate. (As amend- ed 1919.) Upon the granting by the Grand Master of a dis- pensation for the formation of a new Lodge the membership of any signer of the petition therefor in any other Lodge in this jurisdiction, from which he has not already withdrawn, shall ipso facto cease; provided, however, that he shall never- theless be liable for and shall pay to such Lodge such unpaid dues as may have accrued between the date of his certificate of standing in such Lodge and the date of the granting of such dispensation. A certificate of standing in lieu of'dimit may be re- ceived with the petition for the formation of a new Lodge only when it eminates from some Lodge of this jurisdiction. (As amended 1915.) I lei-iea constitution 136 Regulations. 161a. The certificate need not be directed to any Lodge. (1909, p. 125.) 161b. The brother must pay dues to the old Lodge accruing between the issuing of the certificate and the ussuance of the dimit. (1905, p. 205.) (See also Section 128 ante note c. ) 161c. A receipt for dues, under seal of the Lodge, may, in the option of a Lodge of this jurisdiction, be received as a certificate of standing under Sec. 161 of the Constitu- tion. (1915. p. 512.) (A receipt for dues must not be accepted with an appli- cation from a Mason of another grand jurisdiction.) Affiliation: Sec. 122. ARTICLE II. Of Rights, Duties, Prohibitions, and Liabilities. Sec.162. Entered Apprentices and Fellow Crafts. 163. Relief, who entitled to. 164. Burial, who entitled to — Expenses — Reimburse ment. 165. Membership, duty to retain — How forfeited — Restoration. 166. Non-payment of dues, penalty for. 167. Penalty for violation of Masonic law. Entered Apprentices and Fellow Crafts. Section 162. Entered Apprentices and Fellow Crafts have only the right to sit in the Lodge in which they received the degree or degrees when open in a degree taken by them, and the right to advancement therein after passing satisfactorily a strict examination in open Lodge. They are not required to pay any dues and are not entitled to vote or speak in the Lodge, nor are they entitled to burial with Masonic honors, nor are they or their widows or orphans entUled to relief from the 137 CONSTITUTION 8 162 funds of the Lodge. They cannot, acting in a Lodge, open in the degree taken, exercise any con- trol over the funds of the Lodge for charity, or for any other purpose. They cannot withdraw from their Lodge or apply for membership or advance- ment in another Lodge without a waiver of jurisdic- tion. Charges may be preferred against them for offenses committed, which shall be made in the same manner and tried by a commission of Master Masons elected as prescribed in Article IV, Part VI, hereof. If found guilty the same punishment may be inflicted as is prescribed in the Article last named, and they may appeal in like manner as is set forth therein. EXPLANATORY NOTE: This is inserted because the number of regulations and decisions dealing with the rights of Entered Apprentices and Fellow Crafts show that, although theoretically their rights might be left to be governed by the ritual, yet that there is a real necessity for incorporating some section governing them in this article, dealing as it does with individual rights, duties, prohibi- tions and liabilities. In the above section it is set forth, and properly so, that Entered Apprentices and Fellow Crafts have only the right to sit in the Lodge in which they received the degree or degrees, when open in a degree taken by them. This is based upon Mackey's Jurisprudence and it is unquestion- ably the law. It is, however, true that Entered Apprentices and Fellow Crafts sometimes visit other Lodges when accompanied by Master Masons belonging to their own Lodge, and it is thought proper to explain a little mor« fully this portion of the section. Master Masons have a right to visit, even though it be a qualified one, and if they do visit they are admitted because of their own right. An . Entered Apprentice or Fellow Craft, however, has not this right. If the Lodge permits him to visit it must be done without examination and simply as a courtesy shown to the Lodge in which he received the degree or to the Master Mason accompanying I 162-163 CONSTITUTION 1S8 Entered Apprentices or Fellow Crafts elected in another Lodge must be examined before advance- ment: Sec. 112f. Dimit of Entered Apprentice or Fellow Craft: Sees. 113b, 155f. Membership in Lodges, 154 et seq. Right of Mason to visit: Sec. 125. Entered Apprentices cannot testify on honor: Sec. 201a. Relief, who entitled to. Sec. 163. Every Master Mason in good standing, his widow and orphans, when in distress, has and have the right to ask for and receive relief from the Lodge of which such Master Mason is, or was, a member, or from the Lodge within whose juris- diction he is, or they, or any of them, may be, or from any Master Mason able to bestow the same. Begulations. 163a. The right of relief is absolute, regardless of whether the jurisdiction from which the applicant hails re- imburses it or not. (1886, p. 681; 1899, pp. 25, 274.) 163b. It is proper to advance a member money to pay the funeral expenses of his son when he is unable to pay them. (1895, pp. 18, 263.) 163c. When a brother applies for relief the only ques- tions are: Is he in good standing and in actual distress? It is no time to discuss whether he is worthy or not or whether or not the distress is caused by his own dissipa- tion or extravagance. (1877, p. 186.) 163d. The widow of a Master Mason, who was in good standing at the time of his death, but whose Lodge has surrendered its charter, becomes a charge, if in dis- tress, upon the Lodge within whose jurisdiction she resides. (1896, p. 570.) 163e. So long as she remains his widow. (1899, pp. 19, 274.) 163f. She is not entitled to relief if his dimit has ex- pired. (1895, pp. 17, 262.; 139 CONSTITUTION § 163 163g. Nor if able to support herself. (1897, p. 239.) 163h. Nor when there is no evidence of a legal marriage. (1897, p. 239.) 163i. The daughter of a Master Mason in good stand- ing, whether of tender or mature years, is entitled to relief. (1S93, pp. 12, 220.) 163j. Notwithstanding she is the widow of one not a Mason. (1899, pp. 24, 274.) 163k. And notwithstanding she is married to one not a Mason or to a Mason dimited or out of standing who has de.serted her or does not support her. (1899, pp. 26, 274; 1908, pp. 38, 119.) 1631. A worthy Master Mason and his widow and or- phans in distress are entitled to relief, though he is or was dimited or non-affiliated, if in good standing. (1862, p. 355; 1397, p. 240.) 163m. The family of a suicide have the same claim for relief as if death had not been caused by his own act. (1880, p. 419.) 163n. Every member has a right, at any meeting, to move that the Lodge relieve the distress of its own members. (1377, p. 186.) 1630. The moneys given for relief cannot be charged against the members as dues. (1898, pp. 597, 852.) 163p. The son of a Master Mason, after he has passed the age of majority, or the sister or mother of a Master Mason, is not entitled, as a matter of right, to Masonic charity; but certain conditions may prevail where such son, sister or mother, being helpless and incompetent to sustain themselves, and dependent upon the brother for support, and the brother being unable to extend relief to them, the Lodge mav, bv extending relief to the son, sister or mother, relieve the brother himself. (1913, pp. 77, 162.) 163q. The word orphan as used in Sec. 163 means the son or daughter of a deceased Master Mason. No distinc- tion should be made in extending Masonic charity to a de- ceased Mason's son or daughter, except that in the event the son has reached his majority, and he not being a Mason, he is not entitled, as a matter of right, to apply to a Masonic Lodge for assistance; but the daughter of a de- ceased Master Mason, irrespective of her age and whether or not she is married, if in distress, is entitled as a matter of right, so to apply. (1915, pp. 294, 382, 428.) (1916, p. 153.) Boards of Belief: See. 83. See also Sec. 88m. i 164 CONSTITUTION 140 Burial, who entitled to — Expenses — Reimbursement. Sec. 164. To constitute burial with Masonic hon- ors the funeral service authorized by the Grand Lodge must be used. The Lodge may be opened in due form in the Lodgeroom. or the Master may call the members of his Lodge together at the place designated for the funeral, there put on the proper regalia and conduct the funeral without the necessity of a formal opening of the Lodge; in which case the Secretary shall note in the minutes of the next stated meeting the fact that the funeral has been conducted by the Lodge. No Lodge shall attend any funeral or take part in any funeral ser- vice or procession unless it is under the direction of the Grand Lodge, the Lodge itself, or another Ma- sonic Lodge. The Lodge conducting the service shall assign such positions as may seem to it proper to other Masonic Lodges and to other societies. Ev- ery Master Mason who dies in good standing i& entitled to burial with Masonic honors, regardless of the disposition which is to be made of his re- mains. It is the duty of the Lodge within whose jurisdiction such an one dies to bury him and to pay the necessary expenses of the burial of such of its members as die in financial circumstances re- quiring it, and to reimburse any other Lodge for the expense incurred by it in suitably burying such members. No Lodge shall, by by-law or otherwise, fix in advance the amount to be paid for such burial. The Lodge may, in its discretion, bury a member suspended for non-payment of dues if there be no other Masonic offense established against him, but it shall not pay the expenses of the burial. The Master and Wardens may determine as to the propriety of burying a suicide with such honors. 141 CONSTITUTION S 164 EXPLANATORY NOTE: In the body of this Section it is provided that ''No Lodge shall attend any funeral or take part in any funeral service or procession unless it is under {he direction of the Grand Lodge, the Lodge itself, or an- other Masonic Lodge." This correctly states the law of this .iiirisfliction, but when we adopt this law as a part of our Constitution we naturally take it subject to the explanations heretofore given and also with the construction of the law heretofore placed on it, and. therefore, it must be now un- derstood that this constitutional provision does not prevent the Lodge from commencing the funeral service in its hall, and, where desired by the family or friends, accompanying^ the remains to the church and there assisting in the proper church services, and upon the conclusion of them, convey- ing the remains to the place of burial, and there, in accord- ance with Masonic usage, conclude the services and con- sign the remains to the grave. (1891, pp. 17, 215.) (1916, p. 27.) It may also be added that this Section only forbids the Lodge, as a Lodge, from taking part in such services. The members may, as individuals, attend any other service, but not in Masonic clothing. Regulations. 164a. It is the duty of the Lodge to attpnd the funeral of its members or other Master Masons within its juris- diction buried by it, and the Master may compel the mem- bers to attend by summons. (1904, p. 1084.) 164b. A brother who applies for affiliation and dies be- fore action is taken is entitled to burial. (1887, p. 21.) 164c. As is a non-affiliate in good standing. (1882, pp. 441, 687.) 164d. A Master Mason who retains his membership in another State, although permanently residing here, should be buried by the Lodge in whose jurisdiction he dies. (1884, pp. 565, 736.) 164e Tfeffardless of whether the expenses will be repaid or not. (Idem). 164f. A Lodge should not bury one whose dimit has expired several years before or had expired at all. (1905, p. 115; 1912, p. 149.) 164g. One who pays the expense of burying a sojourning Mason cannot demand as a right that his brethren con- tribute. (1861, p. 58.) 164h. Where Masonic burial was tendered but refused by the widow, the Lodge might with propriety refuse to pay the expense. (1879, pp. 20, 154.) S 164 165 ' CONSTITUTION 142 1641. The Lodge whose member dies in the Masoni'j Home must pay the expense of the funeral. (1900, pp. 644, 902; 1905. p. 110.) 164J. Where a Mason suspended for non-payment of dues re-instates himself, charges would not excuse the Lodge from burying him. (18S7, p. 21.) 164k. The Master should, at the request of any num- ber of brothers, call the Lodge together to decide whether or not a member suspended for non-payment of dues, no other offense being established against him should be buried with Masonic honors. (1S87, p. 22.) 1641. Tile Master should carry his gavel at funerals. (1874, p. 466.) 164m. In the absence of the Master and Wardens, the Lodge cannot be opened for the burial of a deceased brother; but any Mason may, on such an occasion, read the burial senice. (1879, p. 190; lSc^4. p. 736.) 164n. It is only a question of propriety for a Past Master of this jurisdiction to open the Lodge and conduct the funeral services while wearing the uniform of a Knight Templar; there is no violation of any law or regulation of Masonry in so doing. (1915, pp. 288, 381.) 1640. Out of respect to the wishes of the deceased, and as a courtesy to another fraternal organization, the Master might properly request the other organization to render its service or a part of it, it being understood that the Masonic Lodge shall have charge of and conclude the service. (1916, p. 27.) 164p. It is proper to hold Masonic services over the ashes of a brother whose body has been cremated. (1916, p. 158.) 164q. When a funeral is conducted in the Lodge room, the Lodge must be formally opened. (1917, p. 281.) OpeniufT of Lodge: Sp". 7S. Kesolutions of respi-ot ior deceased members: See. 77k. Grand Master not authorized to give dispensation to bury certain dimited Masons: Sec. 43, 165. Membership, duty to retain — How forfeited — Res- toration. Sec. 165. It is the dutv of every Master Masoa 143 CONSTITUTION S 165 filiated Mason who, having resided six months within this jurisdiction, shall refuse or neglect to make ap- plication for membership to some Lodge therein, shall be deemed unworthy of Masonic considera- tion, and shall not be entitled to nor be the re- cipient of any of the rights, privileges, or charitiea of the Order. Such of them as desire to restore themselves by affiliation, may do so upon payment of a sum equivalent to six months' dues of the Lodge to which they shall apply, which shall be- come the property of the Lodge whether the appli- cant be elected or rejected, in addition to the affili- ation fee, if any required by the by-laws, which affiliation fee shall be returned if the applicant be rejected; provided, that if any such non-affiliated Mason shall refuse or neglect to so apply for a period of more than two years, he shall be restored to Masonic rights only upon his election to member- ship by the Lodge to which he may apply, and if his application be rejected by any Lodge, such Lodge shall return to him all amounts paid by him at the time of such application. Provided, further, that a Mason demitted from another jurisdiction who is not in good standing therein at the time he enters, or becomes a resident of this jurisdiction, shall in no case be entitled to any Masonic rights or privi- leges unless and until he shall be elected a member of some lodge in this jurisdiction, or shall be re- stored to membership by the jurisdiction from which he holds his demit. (As amended 1916.) Regulations. 165a. The six months prescribed herein do not begin td "run until the non-affiliate becomes a resident of the juris- diction of the Grand Lodge. The date of the dimit is imma- terial. (1908, pp. 37. 119: 1899. pp. 25, 274; 1909, p. r_'l. Void since amendment of 1916.) S 165-166 CONSTITUTION 144 165b. A non-affiliate, who, within the six months' period, makes application to a Lodge for membership, id kept in standing for another six months by the application, although he is rejected, and by new application every six months he can keep himself in standing indefinitely; and it is only when he has allowed six months to elapse with- out application that he loses his standing and is in need of restoration. (This does not apply to a non-affiliate com- ing from another grand jurisdiction.) 165c. A non-affiliate cannot keep himself in standing by paying dues to a Ijodge here or elsewhere. (1895, pp. 20, 264; 1888, pp. 454, 674.) 165d. Members in good standing, when their ^ Lodge is declared extinct, are non-affiliates and are subject to the provisions of this section. (1886, p. 674; 1899, p. 20, 274.) Grand Master not authorized to give dispensa- tion to bury Masons not complying with this sec- tion: Sec. 43. Petition for affiliation: Sec. 122. Charges against non-affiliated Masons: Sees. 188, 188f. Charges against one dimiting to go into saloon business: Sec. 129Ab. Non-payment of dues, penalty for. Sec. 166. For non-payment of his dues a mem- ber may be suspended from all the rights and priv- ileges of Masonry, in the manner provided in Sec- tions 117 and 118. Regulations. 166a, Suspension for non-payment of dues is absolute suspension; the only difference between it and suspension for cause being the method of restoration. (1860, p. 381.) 1661). One suspended for non-payment of dues cannot petition for the degrees, but must first be restored, secure a dimit, and if he wishes apply for membership. (1895, pp. 18, 263.) 145 CONSTITUTION f 166 157 Procedure suspension for non-payment of dues- Sees. 117—118. Suspension defined: Sec. 229. Penalty for violation of Masonic law. Sec. 167. For any violation of the Ancient Land- marks of the Order, of the Constitution or Regula- tions of the Grand Lodge, of the by-laws of hia Lodge, or of any portion of the Masonic or moral law, a member, or any other Mason within the juris- diction of a Lodge, may be reprimanded, suspended, or expelled, in the manner provided in Art. IV, Part VI. Regiilatious. 167a. Suspension or expulsion in a Royal Arch Chapter, Commandery of Knights Templar, or in the Scottish Rite, does not operate as suspension or expulsion in the Lodge. (1854, p. 333.) (For offenses by officers, trial commissioners, etc., ex- amine the various annotations under the appropriate sec- tions). 167b. The following is an alphabetical list of matters held to constitute or not to constitute Masonic offenses. The following being held offenses: 1. Abusive language. (1868, p. 383; 1870, pp. 427, 428, 447; 1871, p. 159.) 2. Adultery. (1878, p. 576.) 3. Business, subordinating Masonry to. (1895, p. 215.) 4. Civil law. violating. (1875, p. 173; 1887, p. 175.) 5. Crime before initiation. (1871, p. 152.) 6. Cutting a brother. (1871, p. 159.) 7. Declaring unbelief in God. (1900, pp. 644, 942.) 8. Defrauding a brother. (1872, p. 426; 1870, pp. 428, 429; 1872, p. 564; 1873, p. 200.) 9. Desertion of wife and family. (1905, p. 136.) 10. Divulging contents of trial record. (1915, pp, 297, 381.) 11. Disobeying the Master's gavel. (1864, p. 373; S 167 CONSTITUTION 146 1885. p. 204; 1873, p. 222; 1879, p. 165; 1882, p. 652; 1885, p. 203.) 12. Divulging the secrets of the Lodge. (1869, p. 115; 1870, p. 425; 1882, pp. 442, 686; By-Laws, Art. XI, Sec. 1.) 13. Drunkenness. (1870, p. 447; 1872, pp. 564, 585; 1873, p. 200; 1875, p. 132; 1876, p. 578; 1887, p. 195; 1900, p. 862; no excuse for offense: 1867, p. 112.) 14. Dueling. (1854, p. 313; 1855, p. 114.) 15. Electioneering as to Grand Lodge officers. (1868, p. 390; 1893, pp. 252, 253; 1904, pp. 1079, 1080.) 16. Emblems, Masonic, use in business. (1854, p. 314; 1873, p. 221; 1880, p. 564.) 17. Emblems, Masonic, use on ball ticket. (1896, p. 570.) 18. Embezzlement. (1871, p. 187.) 19. Failure to repay the Lodge money borrowed from it under a pledge to repay it if he could earn the money, by one who afterwards earns money and has ability to repay the amount. (1915, p. 510.) 20. Falsifying Lodge records. (1874, p. 591.) 21. Fighting a brother. (1875, p. 133.) 22. Gambling. (1864, p. 348; 1872, p. 564.) 23. Ill-fame, frequenting house of. (1887, p. 205.) 24. Immoral conduct. (1871, p. 160.) 25. Language unbecoming a gentleman or Mason. (1870, p. 426; 1871, p. 159.) 26. Lewd women, consorting with. (1887, p. 205.) 27. Majority, not submitting to will of. (1873, p. 210.) 28. Masonic name, using in business. (1873, p. 221; 1880, p. 564.) 29. Misrepresenting proceedings of Lodge. (1865, p. 115; 1870, p. 425.) 30. Misrepresentation in petition for degrees. (1866» p. 412; 1870, p. 425.) 31. Offensive language. (1871, p. 159.) 32. Obscene letter to a Mason or his wife. (1870, p.. 426.) 33. Personal violence to a brother. (1878, p. 578.) 34. Profanity. (1868, p. 381.) 35. Rape. (1887, p. 187.) 36. Renouncing Masonry. (1900, pp. 641, 899.) 37. Renting property, knowing it is to be used for pur- poses of prostitution. (1912, pp. 157, 158.) CONSTITUTION § 167 38. Revealing transactions of Lodge. By-Laws, Art. XI, Sec. 1. 39. Scurrilous letter to Mason or wife. (1870, p. 426.) 40. Slandering a brother or citizen. (1864, p. 355; 1367, p. 112; 1868, p. 419; 1869, p. 116; 1871, p. 134; 1873, p. 203; 1887, pp. 204, 206.) 41. Swindling a brother. (1870, p. 448; 1871, p. 185.) 42. Striking a brother. (1875, p. 133.) 43. Vile language. (1870, p. 427.) 44. Wounding a brother. (1871, p. 159.) 45. Writing out secret work. (1869, p. 118.) 46. Unbelief in God, declaring. (1900, pp. 644, 902.) 47. Use of trial records in State Court. (1915, p. 297. 331.) 167c. The use of Masonic emblems and devices on busi- ness or political cards or signs, or by way of advertisement, except for legitimate Masonic purposes, is strictly forbid- den. (1920.) 167d. No Mason shall give the Masonic name to any business, concern, association, or calling, organized or pros- ecuted for profit or for a livelihood. (1920.) 167e. No Mason shall use or be a party to the using of the word Masonic as a part of the style and title or designa- tion of any business firm, concern, company, association, or enterprise whatever, unless such business shall be the printing or publication of Masonic books, papers or period- icals, or the manufacture and sale of Masonic supplies, or unless it shall be a cemetery or burial association, temple association, hospital, employment bureau, or relief associa- tion, or Masonic club, conducted wholly by Masons and only for the use and benefit of Masons or Masonry. The following bpjng held not offenses : 1. Business difficulties. (1853, p. 256; 1864, pp. 349, 3Gu: lo(^, p. ■^^)l.; iob5, p. 92; 1871, p. 185; 1879, p. 186; 1S82, p. 686; 1884, p. 732; 1880, pp. 559, 582; 1887, p. 176; 1864, pp. 251, 349.) 2. Eastern Star, matters solely relating to. (1896, p. 570.) 3. Electioneering documents if truthful. (1872, p. 539; 1873, p. 195 — probably overruled by Proc. 1893, pp. 252, 253.) 4. Inability to pay debts without fraud. (1872, p. 569; 1874, p. 568; 1878, p. 604; 1882, p. 686; 1884, p. 732; 1387, n. 194; 1892, p. 686; 1394, p. 729; 1865, p. 92.) 5. Keeping a brother's secret when given in charge as such. (1869, p. 169.) i 168 CONSTITUTION 148 6. Political differences. (1874, p. 567; 1875, p. 111.) 7. Refusing to speak to a brother. (1884, pp. 566, 7S8.) 8. Refusing to renew a note barred by the statute of limitations. (1882, pp. 441, 686.) 9. Report to Grand Lodge by an officer, containing mat- ters intended to influence an election, if truthful. (1872, p. 559.) Restoration to membership: Sees. 212, 214. Engaging in saloon business an offense, when: Sec. 129A. Barkeeping an offense, when: Sec. 129A. PART VI. Of Trials, Penalties, Appeals, and Restorations. Article I. Relative to the Grand Master. Sees. 168 —174. II. Relative to Masters of Lodges. Sees. 175—183. III. Relative to Lodges. Sees. 184—187. IV. Relative to Masons Individually. Sees. 188—207. V. Of Revisions, Reversals, and Restora- tions. Sees. 208—215. ARTICLE I. Relative to the Grand Master. Sec. 168. Charges, for what may be preferred, and how. 169. Formation of Tribunal. 170. Powers of tribunal. 171. Penalty. 172. Duties of Grand Secretary. 173. Procedure at trial. 174. Expenses of tribunal. Charges, for what may be preferred, and how. Section 168. Charges may be preferred against the Grand Master for abuse of his power, violation 149 CONSTITUTION § 168-170 of the Constitution or Eegulations of the Grand Lodge, or other unmasonic conduct, by any five Masters of Lodges; which charges shall be in writ- ing over their signatures, and shall be presented to the last Past Grand Master of this Grand Lodge who may be within the State, and who is a member of a Lodge within its jurisdiction. Regulation. 168a. It is competent to try the Grand Master by what will comprehend a "new Regulation.'' (1853, p. 264; 1855, pp. 95, 107; Reg. of 1721, Art. XIX.) Charges against Master of Lodge and Trial: Sec. 175, 183. Formation of Tribunal. Sec. 169. Upon the presentation of such charges, it shall be the duty of such Past Grand Master to transmit a copy thereof to the accused, if within the State, at least thirty days, and if without the State, at least ninety days, before the time designa- ted for the trial, together with a notification to at- tend at such time and place as he may therein name, which shall be one most convenient for the parties; and he shall also summon four or more other Past Grand Masters of this State, who shall be mem- bers of Lodges therein, to assemble with him at the time and place designated, and shall notify the ac- cused thereof. Powers of tribunal. Sec. 170. The tribunal thus assembled, or any of its members, shall have power to summon witnesses at the request of either party; it shall receive such testimony as in its judgment shall be proper, and ehall determine finally upon the guilt or innocence § 171-174 CONSTITUTION 150 of the accused; and the opinion of a majority of all its members shall be the judgment of the tribunal and shall be final. Penalty. Sec. 171. The only penalty inflicted shall be de- privation of office; but, when thus deprived, the adjudged may be amenable to his Lodge upon a charge of unmasonic conduct. Duties of Grand Secretary at Trial. Sec. 172. The Grand Secretary shall attend at the trial to keep a record of the proceedings and of the judgment, which shall be filed in his office and shall be presented at the next Annual Communica- tion of the Grand Lodge. Procedure at trial. Sec. 173. The proceedings at such trial, not fully prescribed in this Article, shall, so far as may be applicable, be in conformity with the provisions of Art. IV, of this Part. Expense of tribunal. Sec. 174. All necessary traveling expenses of the members of such tribunal shall be paid by the Grand Lodge, in the same manner as those of Grand Officers attending its Communications. ARTICLE II. Relative to Masters of Lodges. Sec. 175. Charges, for what may be preferred, and how. 176. Formation of Commission. 177. Powers of commission. 178. Adjournment. 179. Judgment. 180. Penalties. 181. Procedure at trial. 182. Record of proceedings. 183. Appeal. 151 CONSTITUTION § 175-177 Charges, for what may he pre i erred, and how. Section 175. Charges may be preferred against the Master of a Lodge for abuse of his power, vio- lation of the Constitution or Regulations, or unma- sonic conduct of any kind, by any five Master Ma- sons in good standing; which charges shall be in writing over their signatures, and shall be presented to the Grand Lodge, if in session, or to the Grand Master during the vacation. Regulation. 175a. The Constitution will not permit a Lodge to try its Master. (1874, p. 589.) Charges against Grand Master and trial: See. 168—174. Formation of Commission. Sec. 176. Upon the presentation of such charges, the Grand Lodge or the Grand Master, as the case may be, may at once appoint and summon not less than three nor more than seven disinterested brethren, who shall be either Masters or Past Masters, to assemble as Commissioners to hear and determine thereupon; and shall then summon the accused to appear and answer thereunto, at such time and place most convenient for the parties as shall be indicated in said summons; giving him, if within the jurisdiction of his Lodge, at least ten days — if without that jurisdiction and within the State, at least thirty days — and if without the State, at least ninety days — to answer thereunto; and transmitting to him also a copy of the charges. Powers of Commission. Sec. 177. The Commissioners, thus assembled, shall choose one of their number to preside; and 5 177-181 CONSTITUTION 152 they, or any of them, shall have power to summon witnesses at the request of either party. The wit- nesses, if Masons, shall testify upon their honor as such; if not, their depositions shall be taken in writing, before an officer legally authorized to ad- minister oaths; and, in such case, the party re- quiring such depositions shall notify the other of the time and place when and where they will be taken, that he may, if he choose, be present thereat. Adjournment. Sec. 178. The Commissioners may adjourn from time to time, at their own convenience or for good cause shown by either party; provided, that the period within which their duties shall be concluded shall not exceed ten days, unless, for sufficient rea- sons, the Grand Master shall grant them further time. Judgment. Sec. 179. The opinion of a majority of all the Commissioners shall be deemed the judgment of the whole and shall be conclusive, unless an appeal be taken at the next Annual Communication of the Grand Lodge. Penalties. Sec. 180. The penalties which may be inflicted by such Commissioners may be either deprivation of office, suspension, or expulsion, as in their judg- ment shall be deemed proper. Piocedure at trial. Sec. 181. The proceedings at such trial, not in this Article fully prescribed, shall, so far as may 153 CONSTITUTION § 182-184 be applicable, be in conformity with the provisions of Art. rV, of this Part. Record of proceedings. Sec. 182. The Commissioners shall keep a com- plete record of their proceedings and of their judg- ment, and shall transmit the same to the Grand Secretary at the conclusion of the trial; and the judgment shall at once be carried into effect by order of the Grand Master. Appeal. Sec. 183. An appeal to the Grand Lodge may be taken at its next Annual Communication, by either party, if notice thereof be given to the Grand Sec- retary within thirty days after the conclusion of the trial. ARTICLE III. Relative to Lodges. Sec. 184. Charges, for what may he preferred, and how. 185. Formation of commission. 186. Powers of commission — Procedure — Penalties. 187. Appeal. Charges, for what may be preferred, and how. Section 184. When a controversy shall arise be- tween Lodges or between a Lodge and a member or members of another Lodge, charges may be preferred by either party, if in good standing; which charges shall be in writing and shall be presented to the Grand Lodge or Grand Master, as provided in Sec. 175. S 185-187 CONSTITUTION 154 Formation of commission. Sec. 185. Upon the presentation of such charges, not less than five nor more than seven Commissioners shall be appointed and summoned, as provided in Section 176, which Commissioners shall be Masters or Wardens, and shall be selected from at least three different Lodges not interested in the con- troversy and most convenient to the parties; and the accused party shall be summoned, with such time to answer as provided in the Section last quoted. Powers of commission — Proceedure — Penalties. Sec. 186. The Commissioners shall have power to proceed, and shall keep a record of their proceed- ings and judgment, in the same manner as provided in Art. 11, of this Part. The penalties which they may inflict may be any known to Masonic usage; or, if the case be one not involving a violation of Masonic duty, the decision may be such special one as the circumstances shall, in their judgment, war- rant. Appeal. Sec. 187. An appeal may be taken by either party to the Grand Lodge, as provided in Section 183. 155 CONSTITUTION § 188 ARTICLE IV. Relative to Masons Individually. Sec. 188. Penal jurisdiction of a lodge. 189. Charges, how preferred — To whom presented. 190. Must be specific. 191. Charges, Lodge U. D. 192. Trial pending in courts of land — Acquittal therein no bar — Duty after conviction in court. 193. Master to pass on sufficiency of charges — When to call special meeting. 194. Notice of meeting to elect commission. 195. Amendments to charges — Withdrawal — Striking out. 196. Commission, how elected. 197. Disqualification of Master and commissioner. 198. Commission, time and place of meeting — Sum- mons and notice. 199. Service of summons. 200. Who to preside — Duties of Master and Secre- tary — Answer — Objection to commissioner Vacancies — Stenographic reporter. 201. Witness, how summoned — Testimony, how taken. 202. Procedure in general. 203. Counsel. 204. Adjournment — Continuance. 205. Verdict — Record of finding. 206. Penalties. 207. Appeal — Additional evidence on — Transcript. Penal jurisdiction of a Lodge. Section 188. The penal jurisdiction of a Lodge includes all its own members, wherever residing, and all Masons from any Lodge, even though sus- pended for non-payment of dues, or otherwise, re- siding nearer to its place of meeting than to that of any other Lodge — excepting the Grand Master and its own Master. In places where more than one Lodge exists, such Lodges have concurrent penal jurisdiction over all such Masons, so residing, and not members of one of them. When a Mason has been suspended for cause, only the Lodge § 188 CONSTITUTION 158 vrithin whose jurisdiction he resides has penal jurisdiction over him. EXPLANATORY NOTE: In this Article the admirable provisions of the "Form for Records of Trials," first recommended by the Grand Lodge in 1872, and revised by the Committee on Grievances in 1894, when Past Grand Master Angellotti was Chairman, have been inserted herein wherever they were more clearly stated than in the Con- stitution itself. All the forms contained therein have been inserted b«- cause they have become familiar to the Order by long use. It is thought better to now give them the sanction of making the entire Form of Record part of our permanent law All other provisions about trials being abrogated by this revision, the brethren will have a direct and binding procedure to follow, and as they will find everything in one place and under one heading, there will be much less chance of reversal because of error in procedure. Nothing in this Article is new or makes any change in the present law, except that the provisions relating to filling vacancies on a commission have been added in accordance with the consensus of opinion in the Jurisprudence Com- mittee when the matter was before it in 1910. Eegulations, 188a. There is no limitation to bar the prosecution of a brother for unmasonic conduct. (1882, pp. 441, 687; 1835, p. 202.) 188b. If the Lodge where the charges are made has juris- diction at the time they are made, it can try the brother, not- v/ithstanding he might thereafter join another Lodge. (1912, p. 151.) 188c. A change of residence after charges made does not divest the Lodge of jurisdiction to try a brother under charges. (1912, p. 151.) 188d. When a member of a California Lodge is sus- pended for unmasonic conduct by a Lodge under a foreign jurisdiction, the California Lodge cannot, without any trial, enter a judgment of suspension against the brother upon the certified record of the proceedings of the foreign Lodge. (1914, pp. 22, 129.) 188e. A member of a foreign Lodge residing within the jurisdiction of a Lodge in California, who is in good standing, may prefer charges against a Master Mason re- siding within the jurisdiction of the California Lodge. (1914, p. 166.) 157 CONSTITUTION § 188-139 188f. Charges may be preferred against a dimitted or non-affiliated Mason in the Lodge within whose territorial jurisdiction he resides. (1915, p. 294.) Charges against one dimitting to go in saloon business. Sec. 129Ab. Trial of controversies where Lodge is party: Sec. 184—187. Trial of charges against Master: Sec. 175 — 183. Trial of charges against Grand Master: Sec. 168 —174. Transfer of place of Trial: Sec. 43, sub. 9. Charges, how preferred — To whom presented. Sec. 189. When any member of a Lodge, (except its Master or the Grand Master,) or any Mason re- siding within its jurisdiction, shall be accused of unmasonic conduct, charges to that effect may be preferred by any Master Mason in good standing; which charges shall be in writing over his signature, and shall be presented to the Master of the Lodge- having jurisdiction thereof. Regulations. 189a. The Lodge or Master may be accuser and may direct the Junior Warden to prefer the charges, in which case the trial cannot be had in that Lodge, and the charges shall be presented to the Grand Master, who will designate the Lodge in which the trial shall be had. Trial Record 1, (1881, p. 18; 1882, p. 661; 1887, p. 247; 1900, pp. 644, 902 — overruling 1891, pp. 16, 213; 1909, p. 178.) 189b. A Junior Warden preferring charges by direction of the Lodge is the accuser, and remains so even after elected Senior Warden. (1904. p. 1077.) 189c. When the Lodge is accuser, the brother against whom the offense was committed has no control over the trial. (1881. p. IS; 1382, p. 661.) 8 189-191 CONSTITUTION 158 189d. Preferring charges does not deprive the accused of any of his rights until proven. (1887, p. 21.) 189e. A member of a foreign Lodge residing within the jurisdiction of a Lodge in California, who is in good stand- ing, may prefer charges against a Master Mason residing within the jurisdiction of the California Lodge. (1914, p. 166.) Member under charges may withdraw: See. 159a. Must be specific. Sec. 190. The charge itself shall be a general one of unmasonic conduct, defined in a specification or specifications to follow, setting forth, with clear- ness and precision, the offense or offenses complained of, and giving time, place, and all necessary par- ticulars relating thereto, as distinctly as possible, so that the accused may have full knowledge of all that he may be called upon to explain, disprove, or justify. Charges, Lodge U. D. Sec. 191. Such charges shall never be presented to the Master of a Lodge under dispensation if there is a chartered Lodge having concurrent jurisdiction over the same territory, except where the accused is a member of such Lodge, or under or within its jurisdiction, and no chartered Lodge has concurrent jurisdiction over the same territory, they may be presented. When the Lodge, to the Master of which such charges are presented, is a Lodge under dis- pensation, such Master shall at once transmit the same to the Grand Master, who shall thereupon, if it shall appear to him that the act or acts complained of therein constitute a Masonic offense, designate some chartered Lodge to trj- the same, and transmit 159 CONSTITUTION § 191-192 sucli charges to the Master thereof, who shall there- upon proceed therewith in the same manner as if the charges had originally been presented to him. Trial pending in courts of land — Acquittal therein no bar — Duty after conviction in court. Sec. 192. When the charge is for an offense which is the subject of proceedings in the Courts of the land the Masonic Trial may, in the discretion of the Master, be deferred until such proceedings are concluded, but in the event of a final judgment of conviction against a Mason in the State or Federal courts of a crime involving moral turpitude, it shall be the duty of the Junior Warden of any Lodge having jurisdiction of such Mason to prefer charges against the Mason so convicted on account of the matters involved in said conviction; provided, that such charges have not already been preferred, and to press to conclusion a trial on account thereof. Acquittal in said courts, or the refusal of a Grand Jury to indict for an offense is no bar to a Ma- sonic trial. Whenever it shall appear by the record of con- viction from another Masonic jurisdiction, recog- nized by us, that a member of one of our Lodges, resident in such jurisdiction, has been suspended or expelled for un-Masonic conduct in such jurisdiction while a resident thereof, it shall be the duty of the Junior Warden of the Lodge in this jurisdiction of which he is a member to prefer charges against him for the acts and conduct alleged in the charges pre- ferred in the foreign jurisdiction and of which he was there convicted, and the same proceedings shall thereupon be had as in ordinary cases; provided § 192 194 CONSTITUTION 160 that the record of conviction of the foreign juris- diction shall be received on the trials prima facia evidence of the guilt of the Brother of such acts and conduct. (As amended 1915.) Regulations. 192a. One violation of a sumptuary law, such as con- tinuing to conduct a hotel and bar in a community voted dry under the Wylie Law, if the Brother shows the proper spirit otherwise and evinces no disposition to again trans- gress the law in question, ought not to require the pre- ferring of charges against him. (1915, p. 291.) 192b. When charges are preferred for an offense for which a brother has been convicted in the Courts of the land, only the final judgment of conviction can be used as evidence. And, pending an appeal in the Courts of the land, the record of the trial cannot be used, nor can the judgment of conviction be used. (1915, p. 485.) Master to pass on sufaciency of charges — When to call special meeting. Sec. 193. Upon the presentation of such charges, the Master shall carefully examine the charge and specifications, and, if they are evidently frivolous, or if the act or acts with which the accused is charged, is or are clearly such as do not constitute a Masonic offense, he may refuse to entertain them. But, should it appear otherwise, and it is known to him that the accuser is a Master Mason in good standing, he shall call a special meeting of his Lodge, as soon as practicable. Eegulation. 193a. The Master being present, neither the Senior Warden nor the Junior Warden can receive or pass upon the sufficiency of charges or call a special meeting to elect commissioners. (1885, p. 247.) Notice of meeting to elect commission. Sec. 194. Due notification of such meeting shall be given to every member thereof whose residence is 161 CONSTITUTION § 194-195 known and is within such distance as may reason- ably permit him to attend; which notification shall state that the purpose of the meeting is to elect Commissioners to try a brother (using no name) upon a charge of unmasonic conduct, shall be in writing or in print, and should be served personally, if possible, by the Tyler or some brother designated for the purpose; or, if it be not convenient so to serve it, should be left at his ordinary residence or place of business, or be sent by mail. Regulations. 194a. The accused, if a member, must be notified and may be present and vote at the election. (1871, p. 158; 1360, p. 364; 1891, p. 191.) 194b. But not if the trial is transferred. (1893, pp. 13, 221.) 194c. Even if the Secretary is the accused he should Btill notify the members, as no one is to know who is the accused until the trial. (1895, pp. 18, 264.) As to the rights of the accuser and the accused see Sec- tion 196. Amendments to charges — Withdrawal — Striking out. Sec. 195. The Master of the Lodge has a right to strike out portions of the charges containing no clear and certain specifications of an offense, or which are rambling, uncertain, unsatisfactory, or insufficient; and he may at any time allow amend- ments thereto which will tend toward justice. He may allow charges to be withdrawn before the com- mencement of the trial, but not afterward, if they are not of a criminal nature. Regulations. 195a. The Lodge cannot act in the matter of wita- drawing charges. (1891, pp. 18, 216. See also 1892, p., 705.) 1951). But if accuser, it alone may withdraw them. (1881, p. 18; 1882, p. 661.) Notice of Amendment of Charges: Sec. 208a. J 196 CONSTITUTION 1S2 Commission, how elected. Sec. 196. At such special meeting the Master will announce its purpose, and will ascertain, by a vote of the Lodge, the number of Commissioners (not less than seven nor more than nine,) which it shall deem proper to elect. Each member present will write the name of as many members of the Lodge upon one ballot as shall correspond with the num- ber of Commissioners determined upon, and, upon counting the ballots, such members as shall be found to have received a majority of all the votes cast, shall be declared elected as Commissioners. In case the full number should not be elected on the first ballot, another ballot will be had for the re- mainder, in the same manner; and again and again if necessary, until the full number of Commissioners shall have been elected, each by a majority of the votes of those present. Regulations. 196a. The name of the accused should not be announced &t the special meeting to elect commissioners, (1885, p. 227.) 1961). Nor should the charges be read at it. (1891, p. 191.) 196c. The meeting cannot be postponed. (1891, pp. 17, 216.) 196d. But, if for any reason, no meeting is held at the time designated, new notice of a new meeting must be given (idem). At this point the decisions showing the rights of the accused and accuser during the trial are inserted, as fol- iows: 196e. The Master should not permit the accuser to use •busive epithets to the accused. (1873, p. 212.) 196f. It is an offense for the accuser so to do (Idem). 196g. The accuser has a right to be present at the trial up to its conclusion. (1876, p. 498.) 196h. The accused has no right to know against whom the charges are preferred at the special meeting. (1876, p. 498.) 163 CONSTITUTION I 196-193 196i. He must be informed of his rights, if without counsel. (1371, p. 159.) 196j. He cannot be required to testify against himself. (1871, p. 159.) Ballot defined: Sec. 77h, Disqualification of Master and commissioner. Sec. 197. Neither a witness nor one who acted as commissioner at a first trial, nor one who cannot fairly try the matter, is qualified to act as commis- sioner. Nor is a Master qualified to preside who would be disqualified as commissioner for any other reason than because of his acting at a first trial. Regulations. 197a. A Lodge mav elect one of its members who is absent, if otherwise qualified. (1885, pp. 18, 278.) 197b. If the Secretary is the accused, another brother should be appointed to act at the trial. (1895, pp. IS, 264.) 197c. When the Secretary is the accuser he is dis- qualified. (1890, p. 560.) 197d. The Secretary shall in no case serve as" one of the Commissioners. (1913, p. 168.) Commission, time and place of meeting — Summons and notice. Sec. 198. The Master will then name the tima and place for the first meeting of the Commissioners, keeping in view the convenience of the parties and the time allowed to the accused for appearance, and will direct the Secretary . to notify each Commis- sioner of his election and of such time and place of meeting, either in person or in writing, and will also direct the Secretary to notify the accuser of such time and place of meeting, and will have pre- pared for his signature a summons which he will I 198-199 CONSTITUTION 164 cause to be served, requiring the accused to appear and answer thereunto at such time and place, and shall, at the same time, cause the Secretary to fur- nish the accused with a copy of the charges and to notify the accuser of the said time and place of trial. The summons shall be issued in duplicate, one copy to be delivered or transmitted to the ac- cused, and the other to be presented to the Com- missioners, with a proper certificate of service ap- pended thereto. It is usual that the Secretary or Tyler perform such service, but it may be done by any brother whom the Master shall designate. Regulations. 198a. It is the prerogative of the Master and not the Lodge or commission to issue a summons. (1860, p. 353; 1871, p. 157.) 198b. The wilful disobedience of a summons is an of- fense. (1871, p. 161.) 198c. A brother receiving the summons has no right to question its legality or refuse to obey it. (1860, p. 355.) Form of notice to commissioners: Sec. 252. Form of notice to accuser: Sec. 253. Summons defined: Sec. 232. Form of summons: See. 254. Service of summons. Sec. 199. If the accused be within the jurisdic- tion of the Lodge, the summons and copy of the charges shall be issued at least ten days prior to the day appointed for the trial, and shall be served personally by the Tyler or some other member of the Lodge authorized by the Master for that purpose, or shall be left at his ordinary residence or place of business. If he be without the said jurisdiction, but within the State, and his residence be known, 165 CONSTITUTION § 199-200 they shall be issued at least thirty days before the day of the trial, and shall be forwarded to his ad- dress by the Secretary, by mail or other usual mode of conveyance, which shall be deemed sufficient service. If he be without the State, and his resi- dence be known, they shall be issued at least ninety « days before the trial, and shall be forwarded to his address by the Secretary, as before provided, which shall be sufficient service. If his address be un- known, the Master shall order the trial to proceed at once upon the testimony, ex parte. Regulations. 199a. If the accused is in fact in the jurisdiction, his time is ten days, and the provisions as to service apply to a transferred case. (1893, pp. 12, 220.) 199b. The service is complete when the deposit in the U. S. mail is made; it is not necessary to register the letter or wait for a return receipt. (1898, p. 815.) 199c. Service of summons is very essential, and reading it to the accused is not sufficient. (1874, pp. 561, 682; 1890, p. 556.) Form of certificate of service: Sec. 254. Who to preside — Duties of Master and Secretary — Answer — Objection to commissioner — Vacancies — Stenographic reporter. Sec. 200. The Commissioners shall assemble at the time and place appointed and shall be pre- sided over by the Master, who shall decide all ques- tions of Masonic law which may arise during the trial, but shall have no vote in the final decision of the case ^ by the Commissioners; and the Sec- retary, or, in his absence, some other member of the Lodge appointed for the purpose by the Mas- ter, shall attend them to keep a full and correct record of the proceedings and of the judgment, un- § 200 CONSTITUTION 166 der their supervision. The accused should now present his answer to the charge and specifications, which answer may be either oral or written, and should be made a part of the record. In this an- swer he may make a general or particular denial of all the specifications of the charge; or he may deny some and admit others, and may make statements in justification or extenuation of those admitted; or he may admit all, with expressions of sorrow for hia misconduct; or, in fact, he may make any answer which to him, or his counsel, shall seem meet. If there be objection to any of the commissioners, the reasons for the objection shall at this time be stated, and the Master shall decide as to their validity; and if, because of objections sustained or otherwise, there shall be vacancies or a vacancy on the commission, the commissioners may, subject to the approval of the Master, choose properly qualified members or a member of the Lodge to act, and when so chosen they or he shall have all the rights of the members chosen by the Lodge. At the option of the Master, a duly accredited stenographic reporter may be employed, provided, that said stenographic re- porter is a Master Mason and that, before entering upon his duty he shall be qualified in the manner provided for the qualification of Masonic witnesses; and provided, further, that said stenographic re- porter shall attest the transcript of the evidence of the respective witnesses examined in the course of the trial prior to signature by the said witnesses. Regulations. 200a. A failure to meet at the time appointed ipso facto dissolves the commission. (1885, p. 205.) 200b. It is necessary for a majority of the commission to be always present, and when present such majority may 167 CONSTITUTION S 200-201 proceed. (1860, p. 381; 1864, p. 340: 1865. p. 110; 1882, p. 648; 1884, p. 736; 1874, pp. 565, 584; 1880, p. 418.) 200c. Electing a chairman is error. (1872, p. 586.) 200d. The Master's province is simply to decide ques- tions of law. He is not to take sides. (1880, p. 582.) 200e. The Master being present, neither the Senior nor the Junior Warden can act. (1877, p. 180; 1885, p. 247.) 200f. The accused cannot stay away and have another put in his plea. To do so would be disobedience of the summons. (1878, p. 603.) 200g. Expressions of sorrow for misconduct do not con- stitute a sufficient plea. (1898, p. 115.) 200h. A Master installed after the trial commission is elected, who is not otherwise disqualified, can legally preside at the trial. (1912, p. 150.) 200i. The election of the Junior Warden as a com- missioner, if he be the accuser, would not invalidate the elec- tion of the entire commission, and a majority of the commis- sioners could proceed with the trial of the charges or vacancy thereby caused could be filled by the remaining commissioners, subject to the approval of the Master. (1912, p. 151.) See also Sec. 43g. Witnesses, how summoned — Testimony, how taken. Sec. 201. The Master shall, at the request of either party, summon such witnesses as are Masons, residing within the jurisdiction of his Lodge, to appear and testify before the Commission. When- ever the attendance of a witness, who is a Masou and who resides without the jurisdiction of the Lodge in which the trial is had, can not be procured, his testimony may be taken before the Master of the Lodge within whose jurisdiction he resides, upon Buch notice to the adverse party as the Master of the Lodge in which the trial is to be had shall fix, and the attendance of such witness may be com- pelled by summons. His testimony shall be reduced to writing, signed by him, and authenticated by the certificate of the Master before whom it is taken, S 201 CONSTITUTION 168 under the seal of his Lodge. Whenever the testi- mony of a witness residing out of the State is de- sired, it shall be taken upon interrogatories, direct and cross, agreed upon by the parties or settled by the Master. If the testimony of witnesses who are not Masons is desired, such witnesses may ap- pear before the Commission, and after having been put under oath or affirmation by some officer au- thorized by the laws of the State to administer oaths, may testify before the Commission in the same manner as Masons who appear before the Commission. Or such testimony may be taken by deposition before some officer, authorized by the laws of the State wherein the testimony is taken to administer oaths, and at such time and place and upon such notice to the adverse party as shall be designated by the Master. Witnesses who are Mas- ter Masons in good standing shall testify upon their honor as such; and all others shall testify under oath or affirmation. All oral testimony direct and cross, will be written out in full by the Secretary or stenographer; and, when each witness giving such testimony shall have concluded, his testimony shall be read to him, and, after such corrections as he may wish to make, shall be signed by him in the presence of the Commissioners. The documentary testimony will be made part of the record by in- corporating it or a copy of it therein. Begulation. ,201a. Entered Apprentices and Fellowcrafts cannot tes- tify on honor as Masons; they must be sworn. (1860, p. 364.) Form of summons to witness: Sec. 255. Form of authorization to take testimony: Sec. 256. 169 CONSTITUTION § 202 203 Procedure in general. Sec. 202. The commissioners are the sole judges of the facts proven, and shall decide what and how much testimony shall be heard. Technical objec- tions as to form shall not be permitted, nor can any evidence be excluded by the Master. Affidavits or depositions taken without notice cannot be received. Hearsay evidence is not admissable. Admissions or confessions of the accused in courts of the land, or before the commission at that or a previous trial, are admissable. Where guilt is sought to be proven by one witness, great caution is to be exercised. The records and reporters' transcripts of testimony made in courts of the land, properly authenticated, may be allowed in evidence. No witness shall be examined or any testimony taken without an oppor- tunity given the accuser and accused to be present. Regulation. 202a. The testimony of one witness may be sufficient if free from bias or prejudice. (1912, p. 147.) Pending appeal, neither record nor judgment can be used: Sec. 192b. Counsel. Sec. 203. Any Master Mason in good standing may, at the request of the accuser or the accused, appear as his counsel and assist in the prosecution or defense. Such counsel cannot testify as to facts disclosed to him by the accused, but may be com- pelled to disclose any facts otherwise coming to his knowledge. I 204-205 CONSTITUTION 170 Regulations. 203a. A commissioner cannot act as counsel. (1378, pp. 418, 619.) 203b. A non-affiliated Mason in good standing can act as counsel. (1872, p. 586.) 203c. An attorney at law, not a Master Mason, cannot act as counsel at a Masonic trial. (1915, pp. 292, 381.) Adjournment — Continuance. Sec. 204. The Commissioners may adjourn from time to time, at their own convenience or for suffi- cient cause shown by either party; provided, that the period within which their duties shall be con- cluded shall not exceed ten days, unless for good reasons shown, the Master shall grant them further time. Eeasonable continuance should be allowed the accuser or accused to permit a proper presentation of their side of the matter. Regulations. 204a. Failure to meet at the time to which adjournment was taken dissolves the commission. (1872, p. 570; 1890, p. 556.) 20413. The commission should not adjourn to the call of the Master, but to a time fixed. (1898, p. 815; 1912. p. 128.) 204c. The Master has no right to adjourn the commis- sion. (1912, p. 128.) Notice of Amendment of Charges: Sec. 208a. Verdict — Record of finding. Sec. 205. After all the testimony shall have been received, the Commissioners shall proceed to deliber- ate upon their verdict and sentence, with none pres- ent save themselves, the Master, and the Sec- retary, which last shall have no voice in the pro- ceedings. Only those Commissioners acting who 171 CONSTITUTION § 205 have participated in the entire trial. After suffi- cient consultation and deliberation, a vote for '* guilty" or "not guilty," by ballot shall be taken upon each specification, and each such vote shall be recorded; and a similar vote shall thus be taken upon the charge of unmasonic conduct and be thus recorded, as it might be that the facts proven and found did not constitute a Masonic offense. A ma- jority of all the Commissioners elected is requisite to find a verdict of ''guilty." Should the accused thus be found guilty of one or more of the speci- fications, and of the charge of unmasonic conduct, the Commissioners will proceed to vote, by ballot, upon the sentence, and a majority of all the Com- missioners elected will be required to adjudge it, whatsoever it may be. The vote will first be upon the question by the Master — ** Shall the accused be expelled?" — and the ballots shall have written upon them "aye" or "no." Should there not be the requisite majority for expulsion, the question will next be — "Shall the accused be suspended?" — and it will be decided in the same manner. Should there not be the required majority for suspension, the last question will be — "Shall the accused be reprimanded?" — and it will be decided like the others. All this shall be recorded, giving the number of votes, both "aye" and "no," upon each proposition. When the trial is concluded, the Secretary shall make a fair copy of the record and finding, under their supervision, which shall be signed by the Commissioners, attested by the Sec- retary, and presented to the Master, who, at the next stated meeting of his Lodge, shall, in the presence of its members only, announce the result, { 205 CONSTITUTION 173 and direct the Secretary to record the same as the judgment of the Lodge and file the record for safe keeping among its archives. Regulations. 205a. The accused should be found guilty of so much of the charge, if anv, as is proven. (1867, pp. 94, 112; 1868, p. 386; 1875, p. 133.) 2051). A commission refusing to fix the penalty after finding the accused guilty, should be discharged. (1894, pp. 540, 770.) 205c. When judgment is rendered it is final, subject to appeal. The commission cannot reassemble and review it. (1878, p. 619; 1880, p. 419.) 205d. The Grand Master cannot stay or interfere with it, (1880, p. 421.) 205e. The records of a Masonic trial, together with the evidence thereof, belong to the secret archives of the Fra- ternity. It is a Masonic offense to divulge or publish them in a manner not authorized by law. Their use in the trial of a divorce case in a State Court, or their introduction in evidence therein, except upon the order of the Court, is reprehensible and should subject the Mason responsible therefor to Masonic discipline. (1915, pp. 297, 381.) The following have been held offenses: 205f. Packing a commission. (1868, p. 419.) 205g. Non-compliance with duty by a commissioner. (1871, p. 171.) 205h. Rendering a verdict of acquittal in the face of indisputable evidence of guilt. (1872, pp. 554, 593.) 205i. Acquittal is a bar to a second trial for the same offense. (1882, pp. 440, 687; 1883, p. 229.) Ballot defined: Sec. 77h. Lodge not responsible for faithlessness of com- mission: Sec. 77b. Eecord of finding, form: Sec. 257. Transcript, form: Sees. 258—260. 173 CONSTITUTION § 205-207 Penalties. Sec. 206. The penalties which may be inflicted are reprimand in open Lodge, suspension, or expul- sion. If the sentence be reprimand, the Master shall summon the adjudged to appear at the next stated meeting, after the result of the trial shall have been announced, when it shall be carried into effect in the presence only of members of the Lodge, unless, before the said meeting, legal not- ice shall have been given of an appeal to the Grand Lodge, in which case the sentence shall not be carried into effect until after a decision by that Grand Body affirming the judgment of the subordi- nate Lodge. If the sentence be suspension or ex- pulsion, it shall at once go into effect, and the Sec- retary shall immediately notify the person sus- pended or expelled and the Grand Secretary thereof. Regulations. 206a. Lodges cannot impose fines. (1870, p. 420.) 2061). A brother suspended for cause in his own Lod^e may be tried and sentenced to reprimand in the Lodge within whose jurisdiction he resides. (1874, p. 466.) 206c. A brother suspended for non-payment of duea may be tried and sentenced to reprimand, which should be given in open Lodge. (1881, p. 18; 1882, p. 661.) 206d. An accuser (not being a member of the Lodge) is not entitled to be pres3nt at the meeting when the re- sult is announced or at the meeting when the reprimand ia administered, but is entitled to notice of the result, so that he may appeal if he desires to. (1900, pp. 644, 902.) Appeal — Additional evidence on — Transcript. Sec. 207. An appeal may be taken to the Grand Lodge by either party at its next succeeding annual communication, but not unless a notice of such intended appeal shall be given to the Master, ia § 207 CONSTITUTION 174 writing, within thirty days after his announcement of the j-esult of the trial. Any and all additional evidence, which either the accuser or accused shall desire to have heard on the appeal, shall be taken and reduced to writing within sixty days from the day on which the announcement of the result of the trial shall be made by the Master to the Lodge and all arguments and representations which it is desired to have considered on the appeal shall also be reduced to writing; and no additional evidence, arguments, or representations shall be considered on the appeal unless the same shall be reduced to writing and transmitted to the Grand Secretary at least sixty days before the commencement of the next annual comm.unication of the Grand Lodge. In all appealed cases, and in all cases of expul- sion or suspension whether appealed or not, the Master shall cause the Secretary to prepare a tran- script of the record of trial, and immediately trans- mit it to the Grand Secretary, together with infor- mation of the appeal intended, if any there be. Every transcript of a trial-record, when prepared by the Secretary of any subordinate Lodge in this jurisdiction, shall, before its transmission to the Grand Secretary, be submitted to the Master of the Lodge, who shall carefully examine the same and see that it is fairly and legibly written, with suffi- cient spaces between papers and testimony; and that it otherwise complies with the Constitution and egulations of the Grand Lodge; and said Master shall endorse his approval thereupon. When a trial is had in the Lodge of which the ac- cused is a member, or in another Lodge to which the case is transferred, the Secretary cannot make any 175 CONSTITUTION § 207 charge for serving the summons, or for writing up the record of the trial, or for writing a transcript or copy of the record for transmission to the Grand Secretary. Begulations. 207a. The thirty days only run from the announcement of the result of the trial. (1886, p. 653.) 207b. The Grand Lodge cannot affirm the record until the time for notice of appeal after the announcement of the result has expired. (1889, p. 211; 1892, p. 687.) 207c. Only the accused and accuser can appeal. (1865, pp. 14, 99, 103; 1890, p. 558 — reversing 1878. p. 622.) 207d. Where the Lodge is accuser, the Master can tak« the appeal in its behalf. (1881, p. 20; 1882, p. 647.) 207e. If the accused dies, pending appeal, he is to be considered in good standing. (1908, pp. 18, 119.) 207f. A Secretary present only part of the time cannot certify the record. (1885, p. 228.) 207g. The funds of the Lodge cannot be used to repay the expenses of the accused or his attorney's fees. (1895, p. 238.) 207h. The expense of the trial of a non-affiliate must be borne by the Lodge preferring the charges. (1881, p. 16; 1882, p. 658.) ARTICLE V. Of Revisions, Reversals and Restorations. Sec. 208. Transcripts to Grand Secretary — Powers of Grand Lodge on appeal. 208A. Reversal shall not be for error in procedure. 209. Effect of reversal by Grand Lodge. .f-^ 210. Suspension — Restoration by Lodge — Notice. 211. Restoration by Grand Lodge. 212. Petition to Grand Lodge by suspended Mason — Notice. 213. Petition to Grand Lodge by expelled Mason — Notice. 214. Petition to Grand Lodge by Lodge in behalf of expelled Maaon. 215. Publications forbidden. I 208 CONSTITUTION 178 Transcripts to Grand Secretary — Powers of Grand Lodge on appeal. Section 208. All transcripts of trial-records, re- quired to be transmitted to the Grand Secretary, shall by him be forwarded to the Committee on Grievances, who shall examine them, with such ad- ditional evidence in writing, if any, as may be pre- sented, and shall report thereon at the next succeed- ing Annual Communication; and upon such report the Grand Lodge may affirm, modify, or reverse the judgment of the Lodge, or may make such other order relative thereto as shall be deemed proper. And when a new trial is ordered or a judgment of reprimand is affirmed, the Grand Secretary shall, as soon as possible, send to the Lodge a copy of the opinion and judgment of the Grand Lodge. Begulations. 208a. When the Grand Lodge has ordered a new trial it must be had. The Lodge cannot dismiss the charges or take any other action, but if it reverses the judgment with- out ordering a new trial, no re-trial can be had. (1884, pp. 565, 730; 1891, pp. 18, 216; 1887, p. 21.). Amendments may be made to the original charges on obtaining leave from the Master. At least ten days' notice should be given of the amended charges. (1915, p. 296.) 208b. Formerly all trials were in the general assembly of Masons and the Grand Lodge cannot divest itself of this fundamental right, but retains the power to try and punish offenders by its own action. (1873, p. 199.) 208c. A judgment of acquittal should not be reversed in the Grand Lodge except in case of a gross violation of Masonic Law by the commission or Lodge. (1883, p. 229.) Appellate and original jurisdiction of Grand Lodge: Sec. 10. Eight of appeal in case of trial of member: See. 207. 177 CONSTITUTION § 208-210 Right of appeal when Lodge is party: Sec. 187. Grand Lodge has no ponder over case until trial commission has acted: Sec. 10a. Reversal shall not be for error in procedure. Sec. 208A. No judgment of a trial commission shall be set aside, or new trial granted, for any error of any sort as to pleading, procedure, or intro- duction of evidence, unless, after an examination of the entire case, including the evidence, the Grand Lodge shall be of the opinion that the error com- mitted has resulted in a miscarriage of justice. (1915, p. 327, 449.) Effect of reversal by Grand Lodge. Sec. 209. Whenever a judgment of suspension or expulsion shall be reversed and set aside by the Grand Lodge, the brother who had been suspended or expelled shall be at once again entitled to all his rights and privileges as a member of the Lodge. Suspension — Restoration by Lodge — Notice. Sec. 210. All sentences of suspension shall be for an indefinite period; and a Lodge may, at any stated meeting, by the votes of two-thirds of the members present, annul any such sentence of suspension pro- nounced by itself, and restore the Mason thus sus- pended to all his Masonic rights and privileges; provided, that notice of a resolution for such restor- ation shall have been given at the stated meeting next preceding. And, in case of such restoration, the Secretary shall at once notify the restored party and the Grand Secretary thereof; and provided, fur- ther, that if the Mason suspended was not a member § 210-212 CONSTITUTION 178 of the Lodge adjudging suspension, the application for restoration shall be refused unless the consent of the Lodge in which membership was held, if it be in this jurisdiction, is given. The request for such consent shall lie over at least one stated meet- ing. (As amended 1916.) Begtdatioii. 210a. When a case is transferred, and a brother found guilty and sentenced, he must apply for restoration to tha Lodge which tried him. (1905, pp. 17, 112.)) Restoration by Grand Lodge. Sec. 211. The Grand Lodge may, at any Annual Communication, if good cause therefor be shown and proof be given of the notice hereinafter prescribed, restore to the rights and privileges of Masonry, any Mason who has been suspended or ex- pelled within its jurisdiction; but such restoration shall not restore him to membership in the Lodge by which he was suspended or expelled. Regulations. 211a. Mere statement of sorrow for his fault is not suf- ficient ground for restoration. (1868, p. 383; 1913, pp. 253, 254.)) 2111). When a Mason is restored by the Grand Lodge he becomes a Mason at large in good standing, and can •nly become a member of any Lodge by affiliation. (1880. p. 563; 1892, p. 711; 1899, pp. 19, 274.)) 211c. One dying while suspended cannot be restored. (1863, p. 93; 1881, p. 192.) 211d. A life member expelled, restored by the Grand Lodge, and elected in his Lodge, regains his life member ship. (1888, p. 674.) Petition to Grand Lodge by suspended Mason — Notice. Sec. 212. Whenever any Mason, suspended for un- masonie conduct, desires to petition the Grand 179 CONSTITUTION § 212-21* Lodge for restoration to the rights and privileges of Masonry, he shall first make application for such restoration to the Lodge by which he was suspended, jf it still be in existence. If his application be there refused, it may then be made to the Grand Lodge, provided that notice, in writing, be given to the Lodge of such intended application, not less than forty days preceding the Annual Communica- tion. Begnlation. 212a. Notice of the petition to the Grand Lodge must be given so that the Lodge shall receive it at a Stated Meeting at least 40 days preceding the commencement of the annual communication. (1889, p. 190.) Petition to Grand Lodge by expelled Mason — Notice. Sec. 213. Whenever any expelled Mason desires to petition the Grand Lodge for restoration to the rights and privileges of Masonry, he shall, in writ- ing, notify the Lodge which expelled him, if it still be in existence, of his intention so to do, at least sixty days before the Annual Communication at which his petition is to be presented, accompanying paid notice with a copy of such intended petition; and, before said petition shall be considered by the Grand Lodge, proof of the giving of said notice to the Lodge shall be furnished. Regulations. 213a. A petitioner residing out of the jurisdiction must furnish satisfactory evidence and proof by or through the Lodge within whose .iurisdiction he resides, or members thereof, that he is worthy and of such character and stand- ing as would probablv enable him to affiliate with it if restored. (1873, p. 213; 1886, p. 644; 1909, p. 172.) 213b. A Lodge which merely for favor, to get rid of an applicant, recommends a suspended Mason for restoration without careful consideration, commits a grievous wrong. 11871, p. 184.) 5 213-215 CONSTITUTION 180 213c. Notice of the petition to the Grand Lodge must be given so that the Lodge shall receive it at a stated meeting at least 60 days preceding the commencement of the annual communication. (1867, p. 112; 1889, p. 190.) Petition to Grand Lodge by Lodge in behalf of expelled Mason. Sec. 214. Whenever any Lodge desires to petition the Grand Lodge for the restoration of an expelled Mason to the rights and privileges of Masonry, the Master thereof shall give due notice to all the mem- bers of his Lodge, so far as practicable, of such intended action and of the stated meeting at which it will be had; and at such meeting he shall cause to be recorded the fact that such notice was thus duly given. The votes of two-thirds of the members present shall be required to authorize the presenta- tion of such petition to the Grand Lodge. Publications forbidden. Sec. 215. No suspension, expulsion, or restoration shall be published otherwise than is hereinbefore provided, except by authority of the Grand Lodge or by order of the Grand Master. 181 CONSTITUTION §216-218 PART VII. Of Amendments, Definitions, and Forms. Article I. Of Amendments. Sees. 216 — 220. II. Of Definitions. Sees. 221—232. III. Of Forms for Various Purposes. Sees. 233—260. ARTICLE I. Of Amendments. Sec. 216. When may be presented. 217. Vote required. 218. When two-thirds vote may carry. 219. No vote after election of officers. 220. Former constitutions repealed. When may be presented. Section 216. Any proposed amendment to thia Constitution shall be presented at an Annual Com- munication and shall in all cases be referred to the Committee on Jurisprudence, who shall report be- fore a vote thereon be taken. Vote required. Sec. 217. Upon the report of said committee, if five-sixths of the votes shall be in favor of such proposed amendment it shall be declared adopted; and, from and after the close of that Communication, it shall become a part of the Constitution. When two-thirds vote may carry. Sec. 218. If the vote in favor of such proposed amendment be less than that named in the pre- ceding section, but there be a majority therefor, it shall lie over for one year, and shall be published with the proceedings, under the caption of "Pro- posed Amendment to the Constitution;" and if, at the next succeeding Annual Communication, it shall § 219-221 CONSTITUTION IM receive two-thirds of the votes given thereon, it shall be declared adopted; and, from and after the close of that Communication, it shall become a part of the Constitution. No vote after election of officers. Sec. 219. No vote upon a proposed amendment shall be taken after the election of the Grand Offi- cers, Former constitutions repealed. Sec. 220. All former written Constitutions of this Grand Lodge are hereby repealed, as are also all Regulations, or parts thereof, which are repugnant to or inconsistent with this Constitution; and no Regulation shall hereafter be adopted which shall be in violation of, or inconsistent with, any of its provisions. ARTICLE II. Of Definitions. Sec. 221. Grand Master. 222. Master. 223. Past Grand Officer. 224. Past Master. 225. Representative. 226. Vacancy. 227. Jurisdiction. 228. Regulation. 229. Suspension. 230. Expulsion. 231. Notification. 232. Summons. The words and terms used in this Constitution shall bear the construction which is given them in the following definitions: — Grand Master. Section 221. This title applies, not only to him who has been elected and installed as Grand Mas- 183 CONSTITUTION § 222 224 ter, but to either of the Grand Officers who, under the provisions of Art. II, Part II, of this Constitu- tion, shall have succeeded to the powers and duties of the Grand Master. Master. Sec. 222. This title applies, not only to Mm who has been elected and installed as Master, but to either of the Wardens who, under the provisions of Art. m. Part IV, of this Constitution, shall have succeeded to the powers and duties of the Master. Past Grand Oflacer. Sec. 223. This title applies only to one of the seven elective Grand Officers who has been regularly elected and installed and has served his term as such in this Grand Lodge, and who remains a mem- ber, in good standing, of some Lodge under i^s jurisdiction. Past Master. Sec. 224. This title applies only to one who has been regularly elcted or named in a charter and in- stalled and has served a term as Master of a char- tered Lodge within the jurisdiction of this Grand Lodge and who remains a member in good stand- ing of one of its subordinates; provided, that one who has been regularly elected or named in a charter and installed and has served a term as Mas- ter of a chartered Lodge within the jurisdiction of any other Grand Lodge recognized by this Grand Lodge, and who has affiliated with or become a member of a subordinate Lodge within this juris- diction and who remains a member in good standing of one of its subordinates may take the honorary § 224 CONSTITUTION . 184 title of "Past Master," but shall not thereby be- come a member of this Grand Lodge. Provided, however, that if this Grand Lodge shall direct a charter to issue to any Lodge formed by a Grand Body recognized by this Grand Lodge, then and in such event it may by resolution provide that the title of Past Master shall apply to the Past Masters of such Lodge, and that »uch Past Masters shall thereupon become to all intents and for all pur- poses entitled to all the rights and privileges of Past Masters of this jurisdiction as defined herein. This Grand Lodge recognizes no degree of Past Master conferred by any authority not holden under a legitimate Grand Lodge — acknowledging only the Order of that name as it exists in the ceremonies attending the installation of the Master-elect of a chartered Lodge; which Order shall be conferred only by a convocation of Masters or Past Masters, not less than three in number, who have thus reg- ularly received it. Receiving the degree of Past Master is not a condition precedent to installation. In conformity with custom the Master-elect should, wherever practicable, receive the degree in the manner herein provided, but he can legally be in- stalled without having received it. Regulations. 224a. Charges against a Past Master are in the juris- diction of the Lodge. (1869, p. 118.) 224b. A Past Master, by service, of this or any other jurisdiction, is competent to install the officers of a Lodge when in the immediate charge of its proper officers. (1894, pp. 540, 770; 1909, p. 125.) 224c. A brother who is named in the charter of the Lodge as its Master and serves until the end of his term and until his successor is elected and qualified, is entitled to the title of Past Master, even though the term be but two or three months. (1914, pp. 25, 129.) 185 CONSTITUTION § 224-226 224d. A Brother who has been elected Master must serve to the end of his term before he is entitled to the honors of Past Master. (1915, pp. 293, 381.) 224e. Past Masters Associations are merely voluntary associations of Masons for the purpose of conferring the degree of Past Master on Masters-elect, and for promoting friendly and fraternal relations, and are in no way amen- able to the supervision of this Grand Lodge in their opera- tions. But if any such association should act in a manner detrimental to the fraternity or calculated to reflect upon its good name, the members would be amenable to our law. It is therefore entirely proper for the Grand Master to investigate as to the real purpose and object of any such association, and to that end require that their rules of government be submitted to him for examination. If he shall find that any such association is acting in a manner subversive of the Constitution and Regulations of the Grand Lodge, it would be proper for him to direct the members to dissolve the same, or at least to abandon anv course of con- duct detrimental to Masonry. (1917, pp. 280, 513.) Eepresentative. Sec. 225. The Representative of a Lodge within this jurisdiction is one who, being a member thereof, in the event that neither the Master nor either of the Wardens can be present at the Grand Lodge, has been elected by the Lodge at a stated meeting or at a special meeting called for that purpose, by ballot, and by a majority of the votes present, to represent it at the next Annual Communication. A Lodge without the State may be represented by a member of any Lodge in this jurisdiction, elected as before prescribed. Ballot defined: Sec. 77h. Form of credentials: Sec. 245. Pay of by Lodge: Sec. 79. Vacancy. Sec. 226. Vacancies in office, either in a Lodge or in the Grand Lodge, may occur by death, depriva- tion, resignation, removal from the Jurisdiction, suspension, or expulsion. I 227-22? CONSTITUTION 186 Jurisdiction. Sec. 227. The jurisdiction of the Grand Lodge in- cludes all Lodges and Masons within the territorial limits of this State, and all Lodges and their mem- bers without this State, acting under its authority. The jurisdiction of a Lodge includes all its own members, wherever residing, and all Masons resid- ing nearer to its place of meeting than to that of any other Lodge within this jurisdiction. Grand Lodge may specially fix jurisdiction: Sec. 92A. Penal jurisdiction: Sec. 188. Jurisdiction over candidates: Sec. 95. Regulation. Sec. 228. By a regulation of the Grand Lodge is meant any resolution, edict, law, or ordinance of any kind whatever, other than the Constitution, which it may adopt. Suspension. Sec. 229. The suspension of a Lodge is an arrest of its charter and a temporary prohibition to as- semble or work as a legal Lodge, until again auth- orized so to do by competent authority; and the act suspends all its members except those especially exempted from its effect. The suspension of a Master of a Lodge is a tem- porary deprivation of his office, and prohibits all recognition of him in that capacity until he be re- stored by competent authority. The suspension of a Mason is a deprivation of all his rights and privileges as such, and prohibits all Masons and Lodges from holding any Masonic intercourse with him until he shall be legally re- stored in the manner hereinbefore prescribed. 187 CONSTITUTION § 230-231 Suspension for non-payment of dues defined: See. 166. Expulsion. Sec. 230. The expulsion of a Mason is the highest penalty known to the Masonic law. It is an ab- solute deprivation of all the rights and privileges of the Order, and prohibits all Masons and Lodges from holding any Masonic intercourse with him for- ever, unless he be restored by the Grand Lodge. Saloon keeper or barkeeper to be expelled, when; Sec. 129A. Notification. Sec. 231. A notification or notice is a call issued by the Secretary, by order of the Lodge or Master, or by other competent authority as hereinbefore pro- vided, to attend for some specific purpose at the time and place therein indicated, or to perform some specific duty therein set forth; and it is the duty of every Mason to comply with its direction if he can, without great inconvenience, do so. It shall be either written or printed, and shall, when practicable, be personally served upon the brother to be notified by a Tyler or some other Mason properly deputed for the purpose. If this cannot conveniently be done, it shall be left at the residence or usual place of business of such brother, or, if such residence or place of business is distant or unknown, it may be placed in the Postoffice, addressed to him at his last known place of residence; and this shall be deemed due and sufficient service. Regulations. 231a. A notification should be served in the same man- ner as a summons. (1860, p. 364.) § 232 CONSTITUTION 188 Summons. Sec. 232. A summons is an imperative order, issued by the Msater of a Lodge and attested by its Secre- tary or by other competent authority as hereinbefore provided, to appear at such time and place as may therein be designated. The obligation to obey it is absolute and the penalty for disobedience shall be expulsion, unless it shall be shown that such dis- obedience was unavoidable or was occasioned by some pressing necessity. Regulations. 232a. It is not necessary that it should appear on the face of the Summons that it was given by order of the Master. (1859, p. 97.) 232b. A brother receiving the summons has no right to question its legality or refuse to obev it. (1860, p. 353; 1914, pp. 21, 129.) ARTICLE III. Of Forms for Various Purposes. Sec.233. Certificate for a diploma for a Master Mason. 234. Certificate for diploma for benefit of family of a deceased brother. 235. Petition for a dispensation to form a new lodge. 236. Dispensation. 237. Recommendation of a petition for the forma- tion of a new Lodge. 238. Certificate of qualification of officers proposed for a new lodge. 239. Petition for a charter. 240. Charter. 241. Notices of rejections, suspensions, expulsions, and restorations. 242. Notice of special meeting to elect trial commis- sioners. 243. Certificate of withdrawal without recommenda- tion. 244. Recommendatory certificate of withdrawal. 245. Credential for a representative elected by a Lodge. 246. Petition for degrees. 247. Application for affiliation, 248. Certificate of membership. 189 CONSTITUTION § 233-234 249. Certificate of election, appointment, and instal- lation of officers. 250. Certificate for amendment to by-laws. 251. Charge of unmasonic conduct. 252. Noitfication to a commissioner. 253. Notification to an accuser. 254. Summons to an accused brother — Service. 255. Summons to a witness. 256. Letter of authorization to take testimony. 257. Record of finding. 258. Form of transcript of record of trial. 259. Record of proceedings before commissioners. 260. Certificate of Master and Secretary. Certificate for a diploma for a Master Mason. Section 233 Lodge, No , F. and A. M A. L. 59 To the Very Worshipful , Grand Secretary of the Grand Lodge of California. — I hereby certify that Brother is a Master Mason and a member of this Lodge, in good standing; and as such he is hereby recom- mended for a Grand Lodge Diploma, upon payment of the usual fees. Given under my hand and seal of the (Seal) Lodge aforesaid, at the date above written. Secretary. Authority to issue diploma: Sec. 50. Charge for diploma: Sec. 39. Certificate for diploma for benefit of family of a deceased brother. Sec. 234 Lodge, No , F. and A. M A. L. 59 To the Very Worshipful Grand Secretary of the Grand Lodge of California: — I hereby certify that Brother , who died at on the day of ! 234-235 CONSTITUTION 190 A. L. 59. . ., was, at the date of hia decease, a Master Mason and a member of this Lodge, in good standing; and that he left (here in- sert ' * a widow, " " a child, " or * * children, ' ' or any of them, as the case may be,) for whose benefit a Grand Lodge Diploma is desired. Given by order of our Lodge aforesaid, at the date first above written, as witneas (Seal) my hand and the seal thereof. Secretary. Certificate to issue without charge: Sees. 39, 50 Petition for a dispensation to form a new Lodge. Sec. 235. To the Most Worshipful , Grand Master of Masons in California: — The petition of the undersigned respectively rep- resents that they are Master Masons in good stand- ing; that they were last members of the respective Lodges named opposite their several signatures hereunto, as will appear from the dimit or certificate of each of the petitioners, herewith transmitted; that they reside in or near the of in the county of , in the State of California; that among them are a sufficient num- ber of brethren well qualified to open and hold a Lodge of Free and Accepted Masons, and to dis- charge all its various duties in the three degrees of Ancient Masonry, in accordance with established usage; and that, having the prosperity of the Craft at heart, and being desirous to use their best en- deavors for the diffusion of its beneficent principles, they pray for a Dispensation empowering them to form, open, and hold a regular Lodge, at the of , aforesaid, to be called Lodge. 191 CONSTITUTION 5 235-236 They have nominated and respectfully recommend Brother as the first Master, Brother as the first Senior Warden, and Brother as the first Junior Warden of the said Lodge, they being each, in all respects, competent to perform all the duties of either of the stations for which they are severally proposed; and, if the prayer of the petitioners be granted, they promise in all things strict obedience to the com- mands of the Grand Master, and undeviating con- formity to the Constitution and Eegulations of the Grand Lodge. Dated at on the Tday of A. L. 59.... ♦Signatures. Name and No. of Lodge. State or Country. Prerequisites for dispensation: Sec. 73. Dispensation. Sec. 236. The Grand Lodge of California, To all whom it may concern, Greeting: Whereas. A petition has been presented to me by sundry brethren, to wit: — Brothers Alfred Albert Andrews, Benjamin Bruce Brown, Charles Clarence Carroll, Daniel David Dawson, Edward Egbert English, Francis Felix Foster, George Gideon Grif- fith, Henry Harold Hudson, Isaac Isaiah Imnan, James Jabez Johnson, Kenneth Kenyon Kennedy, and Lemuel Lionel Lincoln, all residing in or near *These signatures must give all the names of each peti- tioner in full. § 236 CONSTITUTION 192 the town of Masonville, in the County of Mason, in the State of California, praying to be congregated into a regular Lodge known and designated as Ex- ample Lodge, and promising to render obedience to the ancient usages and landmarks of the Fraternity, and the Constitution and Kegulations of our Grand Lodge; And, Whereas, the said petitioners have been duly recommended to me as Master Masons in good standing, in the manner prescribed by the Eegula- tions of our Grand Lodge, by the Master, Wardens, and brethren of A Lodge, No. . . ., under our jurisdiction: Now Know Ye, That, I E C A , Grand Master of Masons in the State of California, reposing full confidence in the recommendation aforesaid, and in the Masonic integrity and ability of the petitioners, do, by virtue of the power in me vested, hereby grant this Dispensation, empowering and authorizing our trusty and well-beloved breth- ren aforesaid, to form and open a Lodge after the manner of Ancient Free and Accepted Masons, and therein to admit to membership and make Free- masons, according to the ancient custom, and not otherwise. This Dispensation is to continue in full force until the first day of the month in which the next Annual Communication of our Grand Lodge shall be holden, unless sooner revoked by me; and I do hereby ap- point Brother Alfred Albert Andrews to be the first Master, Brother Benjamin Bruce Brown to be the first Senior Warden, and Brother Charles Clarence Carroll to be the first Junior Warden of the said new Lodge; requiring them to return this Dispensation, with their Book of Records, an attested copy of their By-Laws, and a full report of the doings of 193 CONSTITUTION § 236-237 their said Lodge, to our Grand Lodge aforesaid, at the expiration of the time herein specified, for ex- amination and for such further action in the prem- ises as shall then be deemed wise and proper. Given under my hand and the seal of our Grand Lodge aforesaid, at S , this twenty -fifth day of January, A. L. 5887, A. D. 1887. ■ (Seal) E C A , Grand Master. Attest: A G A , Grand Secretary. • Power of Grand Master to issue: Sees. 43, 73. Fee for: Sec. 39. Recoinmendation of a petition for the formation of a new Lodge. Sec. 237 Lodge, No , F. and A. M ..A. L. 59 To the Most Worshipful , Grand Master of Masons in California: — At a stated meeting of this Lodge, held at the date above written, the following preamble and reso- lution were adopted: — "Whereas, A petition for the issue of a Dispensa- tion to form and open a new Lodge at , in the county of , has been presented to this Lodge for its recommendation; And, Whereas, it is known to this Lodge that the signers to said petition, in number, are all Master Masons in good standing, and that a safe and suitable Lodge-room has been provided by them for their meeting; it is "Resolved, That the establishment of said new Lodge is of manifest propriety and will conduce to I 237-238 CONSTITUTION 194 the good of the Order; and that this Lodge recom- mends to the Grand Master the granting of the Dispensation prayed for in said petition." A true copy from the minutes. In testimony whereof, I have hereunto set my hand and affixed the seal of our (Seal) Lodg6, aforesaid, at the date above written. Secretary. Recommendation necessary: Sec. 73. Certificate of qualification of oflacers proposed for a new Lodge. Sec. 238. To the Most Worshipful , Grand Master of Masons in California: — The petition of . . . .brethren, residing at the ... of , in the county of , praying /the Grand Master for a Dispensation to open and )hold a new Lodge at said , to be called Lodge, having been presented to me; and 'Brothers , and , being recommended therein for nomination, respectively, as Master, Senior Warden, and Junior Warden of said proposed new Lodge; now I, In- spector of the Masonic district, do hereby certify that, to my positive knowledge, each of said brethren is fully competent properly to confer the three degrees of Masonry, to deliver entire the sev- eral lectures thereunto appertaining, and to be well informed as to those portions of the Constitution and General Regulations of the Grand Lodge which relate to the government of a Lodge. Given at , in the county of , this day of , A. L. 59 ... . (Seal) Inspector. Certificate necessary: Sec. 73. 195 CONSTITUTION. § 239 Petition for a charter. Sec. 239. To the M.*. W.*. Grand Lodge of Cali- fornia: — The undersigned respectfully represent that on the day of , A. L. 59 , a Dis- pensation was issued by the Grand Master for the formation of a new Lodge at , in the county of , by the name of Lodge; that on the day of , next ensuing, said Lodge was opened and organized, and has since continued successfully to work during the period named in said Dispensation, as will appear from its records, by-laws, and returns, herewith presented; and that it is the anxious desire of the members of said Lodge that its existence be per- petuated. They therefore pray that a Charter be granted to said Lodge by the name of Lodge, with such number as the usage of the Grand Lodge may assign it; and recommend that Brother be named therein as Master, Brother as Sen- ior Warden, and Brother as Junior Warden; promising, as heretofore, strict obedience to the commands of the Grand Master, and un- deviating conformity to the Constitution and Eegu- lations of the Grand Lodge. Given by instruction from and on behalf of said Lodge, at this day of , A. L. 59.... Delegates. Form mandatory: Sec. 75. §240 .CONSTITUTION 196 Charter. Sec. 240. To all whom it may concern: The Grand Lodge of Free and Accepted Masons Of the State of California, Greeting: Whereas, It having been duly represented unto us that sundry brethren of the Most Ancient and Honorable Fraternity of Free and Accepted Masons, residing at or near the town of Masonville, in the County of Mason, within our Jurisdiction, have heretofore, to wit: on the twenty-fifth day of Jan- uary, A. L. 5887, received from our Most Worship- ful Grand Master a Dispensation to assemble as a Lodge of Free and Accepted Masons, for the pur- poses therein expressed; and, Whereas, it having been further represented that the said brethren are now desirous that their Lodge shall be duly char- tered, constituted, and numbered upon our registry as a regular Lodge; and it appearing, after due examination, that they are well qualified and in all respects worthy to assume and fulfill the duties consequent upon the indulgence of their said desire; and. Whereas, it being believed that the advance- ment of Freemasonry will be encouraged, and the wise, moral, and beneficient purposes of our An- cient Craft be promoted by the constitution and permanent establishment of their said Lodge: Now, therefore. Know Ye, That we, the Most Worshipful Grand Lodge of Free and Accepted Ma- sons of the State of California, have authorized, constituted and appointed, and, by this our Warrant and Charter, do hereby authorize, constitute and appoint our trusty and well-beloved brethren, Alfred Albert Andrews, Master. Benjamin Bruce Brown, Senior Warden, and Charles Clarence Carroll, Jun- 197 CONSTITaTION § 240 ioT Warden, together with all sueh other true and lawful brethren as have already been or may here- after be admitted to associate with them, to as- semble and work as a regular Lodge of Free and Accepted Masons, at the town of Masonville afore- said, by the name and designation of Example Lodge No. — : And We do hereby Grant and Commit unto the Master and Wardens aforesaid and their successors, and to the brethren of the said Lodge, full power and authority to receive and enter Apprentices, pass Fellow Crafts, raise Master Masons, and admit brethren to membership; to choose a Master and Wardens and other officers, annually; to exact from their initiates and members such fees and dues as may be necessary for the maintenance of their Lodge, for the relief of poor and distressed breth- ren, their widows and orphans, and for the regular payment of such annual contributions to the Grand Lodge as shall by it be directed; and, generally, to perform and do all other acts and things which shall be in full accordance with the ancient usages and customs of the Craft, and in strict obedience to the Constitution, Eegulations, and Edicts of this our Grand Lodge, aforesaid: And We do hereby Require the said Lodge to at- tend the Grand Lodge at all its Communications, by its Master and Wardens, or by its Eepresentatives, duly appointed; to keep a fair and faithful record of all its acts and proceedings which are proper to be written; and to lay the same before the Grand Lodge whenever it may be directed: And, lastly, We do hereby Enjoin upon the Mas- ter, Wardens, and Brethren of the Lodge, aforesaid. § 240-241 CONSTITUTION 198 that they ever observe a strict conformity to all the ordinances of our Grand Logde, which is the Su- preme Masonic Power and Authority in the State of California; and that they constantly give due re- spect and obedience to the Grand Master and their other superiors in ofiOLce, in all things pertaining to our Ancient Craft. Done in Grand Lodge, in accordance with its or- der, at the City of San Francisco, California, on this thirteenth day of October, Anno Domini 1887, Anno Lucis 5887. In Testimony whereof, We, Grand Maste* of Masons in the State of California, have hereunto set our hands and have caused our (L. S.) Grand Secretary to make his attestation thereunto, and to affix the Seal of our Grand Lodge. (Seal) E C A , Grand Master. Attest: A G A , Grand Secretary. Charter, when issued: Sec. 75. Notices of rejections, suspensions, expulsions, and restorations. Sec. 241 Lodge, No , F. and A. M A. L. 59.... To the Very Worshipful , Grand Secretary of the Grand Lodge of Cali- fornia: — I hereby certify that, at a stated meeting of this Lodge, held at the date above written, the petition of , an applicant for the de- gress of Masonry, was rejected. 199 CONSTITUTION § 241 (Or, I hereby certify that, at a stated meeting of this Lodge, held at the date above written, Bro. , after due notice as prescribed in the Constitution, was declared to be suspended from all the rights and privileges of Masonry, for non-payment of dues.) (Or, I hereby certify that, at a stated meeting of this Lodge, held at the date above written, Bro. , after due trial in the manner prescribed in the Constitution, was declared to be suspended from all the rights and privileges of Ma- sonry, for unmasonic conduct.) (Or, I hereby certify that, at a stated meeting of this Lodge, held at the date above written, Bro. , after due trial in the manner pre- scribed in the Constitution, was declared to be ex- pelled from all the rights and privileges of Masonry, for unmasonic conduct.) (Or, I hereby certify that, at a stated meeting of this Lodge, held at the date above written, Bro. , heretofore by it suspended for non-payment of dues, having paid up (or received a remission of) all arrearages, as provided in the Constitution, resumed his rights and privileges as a Mason and as a member of this Lodge.) (Or, I hereby certify that, at a stated meeting of this Lodge, held at the date above written, Bro. , heretofore by it suspended for unmasonic conduct, was, by a two-thirds vote, in the manner prescribed in the Constitution, restored to all his rights and privileges as a Mason and as a member of this Lodge.) Given under my hand and the seal of our (Seal) Lodge aforesaid. Secretary. Duty of Secretary to report: Sec. 150. § 242-243 CONSTITUTION 20a Notice of special meeting to elect trial commis- sioners. Sec. 242 Lodge, No , F. and A. M A. L. 59.-... Bro You are hereby notified to attend a special meet- ing of this Lodge, to be holden on the. . .-. . .day of A. L. 59 at o'clock M., for the purpose of electing Commissioners to try a brother upon a charge of unmasonic conduct pre- ferred against him by a Master Mason in good standing. By order of the Master, as witness my (Seal) signature and the seal of our Lodge. Secretary. This notice jurisdictional: Sec. 194. Certificate of v/ithdrawal without recommendation. Sec. 243. To all whom it may concern: — This is to certify that Brother , heretofore a member of our Lodge, No. . ., F. and A. M., under the jurisdiction of the Grand Lodge of the State of California, has paid his dues in full and has this day withdrawn from member- ship in said Lodge. Given at the Hall of our Lodge aforesaid, at , in the county of , State of California, this day of (Seal) A. L. 59...., as witness my hand, the seal of our Lodge, and the attest- ation of our Secretary. Master. Attest: , Secretary. 201 CONSTITUTION § 243-244 Demit without recommendatory certificate suf- ficient for affiliation: Sec. 122f. Entitled to on notice without vote of Lodge: Sec. 159. Recommendatory certificate of withdrawal. Sec. 244. To all Ancient, Free and Accepted Masons, Wheresoever dispersed around the Globe, Greeting: This is to certify that Brother , whose signature appears in the margin hereof, is a Mas- ter Mason in good standing, and was, until this date, a member of our Lodge, No...., F. and A. M., under the jurisdiction of the Grand Lodge of the State of California. Having paid all dues, and being in good fellowship with the breth- ren, he has voluntarily withdrawn from our said Lodge; and now, by its order, receives this certifi- cate, recommending him to the fellowship and good will of the Fraternity wherever he may be. Given at the Hall of our Lodge afore- said, at , in the county of , in the State of California, this.... day of A. L. 59. . ., as witness my hand, the seal of our Lodge, and the attestation (Seal) of our Secretary. , Master. Attest , Secretary. Signature Majority vote necessary for recommendatory certificate: Sec. 159. § 245-246 CONSTITUTION 202 Credential for a representative elected by a Lodge. Sec. 245 Lodge, No , F. and A. M A. L. 59.... To the M.'. W.*. Grand Lodge of California:— This is to certify that, at a meeting of this Lodge, held at the date above written, it hav- ing been made known that neither the Master nor either of the Wardens thereof would be enabled to attend the Grand Lodge at its next Annual Com- munication, Bro , a member of the Lodge, was, by ballot, duly elected to serve as its Representative during said Communication. In testimony whereof, I have hereunto set my hand, and have caused the Secretary (Seal) to affix the seal of our Lodge, with his at- testation, at the date above written. , Master. Attest: , Secretary. Representative, how elected: Sec. 225. Lodge may elect representative: Sec. 79. Petition for degrees. Sec. 246. To the Worshipful Master, Wardens and Brethren of Lodge, No , F. and A. M. The undersigned respectfully represents that, un- biased by friends and uninfluenced by mercenary motives, he freely and voluntarily offers himself as a candidate for the mysteries of Masonry; that he is prompted to solicit this privilege by a favorable opinion conceived of the Institution, a desire for knowledge, and a sincere wish to be serviceable to his fellow creatures; and that he promises, if found worthy, to conform to all the Ancient usages and regulations of the Fraternity. 203 CONSTITUTION § 246 1. — What IS your full name? 2. — When were you born ? 3. — Where were you born ? 4. — Where do you reside? 5. — State explicitly your business occupation for the past ten years, and where conducted 6. — Have you resided in the State of California, the twelve months last past, and the place above named more than six months? 7. — Where have you resided the ten years last past? If in more than one place, state the partic- ular years in each place 8. — Have you ever presented a petition to any Ma- sonic Lodge? If so, when and to what Lodge ? 9. — Have you ever been rejected by any Masonic Lodge? If, so, when and by what Lodge?. . . 10. — Do you believe in God and a future existence? 11. — Are you in sound bodily health? 12. — Do you know of any physical, legal, or moral reason which would prevent you from becoming a Freemason? State particularly any physical deformity or defect 13. — Have you read all the questions contained in the foregoing petition? Are all of your an- swers thereto in your own handwriting? And do you, upon your honor, declare your fore- going statements to be true? Recommended by: Bro " Bro Eefers to: Mr Mr This form of petition mandatory: Sec. 98. § 247-248 CONSTITUTION 204 Application for affiliation. Sec. 247. To the Worshipful Master, the Wardens and Brethren of Lodge, No , F. and A. M. The undersigned respectfully represents that he is a Master Mason in good standing; that he was last a member of Lodge, No. . . ., in the of , from which he has honorably withdrawn [that he is now a member of Lodge No in the of ]. (And it is suggested that the Grand Secretary add a note to the effect that the part of the application which does not fit the facts is to be stricken out.) (As amended 1919.) His place of residence is. ! , his age years, and his occupation (Date) , A. L. 59 (Signature) Recommended by Bros.: (To be members of the Lodge.) This form of application mandatory: Sec. 98. Certificate of membership. Sec. 248 Lodge, No...... F. and A. M. To the Master, Wardens and Brethren of any Reg- ular Lodge, F. and A. M., to Which This Certi- ficate is Presented: This is to certify, that Brother , a member in good standing of this Lodge, having made application for a Certificate of Standing, and notice having been received that said Brother has petitioned your Lodge for affiliation therein, a 205 CONSTITUTION § 248-249 Dimit will be granted, upon the condition that said Brother shall consummate said affiliation. Of which action you will give this Lodge timely notice; and in the event of failure to consummate such affilia- tion, this Certificate of Membership is to be re- turned to this Lodge. Given under my hand and the seal of the (Seal) Lodge at , this day of , A. L. 59 ... . Secretary. May present above form of certificate with ap- plication: Sec. 161. Certificate of election, appointment, and installation of officers. Sec. 249 Lodge, No , F. and A. M, A. L. 59.... To the Very Worshipful , Grand Secretary of the Grand Lodge of California: — I hereby certify that, at the stated meeting of this Lodge held on the day above written, it being that next preceding the anniversary of St. John the Evangelist, the following officers were duly elected for the ensuing Masonic year, viz: — Bro Master, Bro Sen. Warden, Bro Jun. Warden, Bro Treasurer, and Bro Secretary ; That, on the. . .day of A. L. 59 , the following officers were duly appointed to serve tor the ensuing Masonic year, viz.: — Bro *Chaplain, *The Constitution does not make the appointment of Chaplain obligatory, but permits Lodges to authorize it. § 249-250 CONSTITUTION 206 Bro Sen. Deacon, Bro Jun. Deacon, Bro Marshal, Bro Senior Steward, Bro Junior Steward & Bro Tyler; And that, on the day.... day of , A. L. 59...., the said officers were duly installed by (here give the name and Masonic title of the installing officer.) Given under my hand and the seal of our (Seal) Lodge, on the day last above written. Secretary. Secretary to transmit this certificate: Sec. 150. Representative not entitled to pay unless this cer- tificate transmitted: Sec. 6. Certificate for amendment to by-laws. Sec. 250 Lodge No , F. and A. M. A. L. 59 To the Most Worshipful , Grand Master of Masons in California: This is to certify that at a stated meeting of this Lodge held on the day of 19 , the following amendment to Section , Article of the By-Laws was presented in writing and noted upon the minutes of the Lodge: Article Section (Here set out in full the section as proposed to be amended.) That at the next stated meeting, held on the day of , 19. . . . the said section 207 CONSTITUTION § 250-251 was amended by the votes of two-thirds of the mem- bers present. Prior to amendment the section read as follows: (Here set out the full text of the section as it read prior to amendment.) Witness my hand and the seal of the Lodge on the date first above written. (Seal) , Secretary. This certificate required: Sec. 81. Charge of unmasonic conduct. Sec. 251 , Cal., , , 18. . To the Master of Lodge, No , F. and A. M. Worshipful Sir and Brother: The undersigned, a Master Mason in good stand- ing, and a member of Lodge No , at , in the State of , does hereby charge Bro. A: B , a Mason now residing (or said to be residing) at , in the State of , with unmasonic conduct, as set forth in the following specifications: — First. That on or about the day of , 18. . . ., he did (here state the offense as particularly as may be practicable). Second. That on or about the day of , 18 , he did, etc. (here state the sec- ond specification, if any). Third. That on or about, etc. (following with as many specifications as there are distinct offenses charged) . For all which the undersigned desires that the said A B may be brought to trial S 251-252 CONSTITUTION 208 and dealt with in such manner as our Masonic laws provide. Respectfully and Fraternally, C D Should the charge be preferred by the Junior Warden, under the direction of the Lodge or Master, the first por- tion of the first paragraph foregoing should then read — The undersigned, a Master Mason in good stand- ing, and Junior Warden of Lodge, No. . ., at , in the State of , does hereby, by direction of that Lodge, (or of the Master there- of), charge Bro. A B , etc. EXPLANATORY NOTE: This, and the forms following, is taken from the "Form of Record of Trials" and here it should be said that the object of incorporating all these forms from that admirable compilation is that they may be given a permanent and established place in our law. Charge must be in writing: Sec. 189. Notification to a commissioner. Sec. 252. Hall of , Lodge No. . ., F. and A. M. at , Cal., 18 Bro. I J , You are hereby notified that, at a special meeting of this Lodge held on the day of , 18 . . , you were elected to be one of Commissioners designated to try a certain charge of unmasonic conduct preferred against a brother by a Master Mason in good standing; and that a meeting of said Commissioners, for that purpose, will be held at , on the day of , 18..., at o'clock, ..M. By order of the Master. (Seal) G H , Secretary, Secretary must notify commissioners: Sec. 198. 209 CONSTITUTIUN § 253-254 Notification to an accuser. Sec. 253. Hall of , Lodge No. . ., F. and A. M. At , Cal., ,18... Bro. C D , You are hereby notified that the Commissioners elected by this Lodge to try a certain charge pre- ferred by you against Bro. A B , will assemble at , on , the day of , at o'clock, ..M., for that pur- pose. By order of the Master. (Seal) G H , Secretary. Secretary must notify accuser: Sec. 198. Summons to an accused brother. Service. Sec. 254. Hall of , Lodge No. . ., F. and A. M. At , Cal., , 18... Bro. A B , You are hereby summoned to appear at , on , the day of , 18 .... , at o'clock, . .M., there and then to answer to a certain charge of unmasonic conduct preferred against you by Bro. C D ,., a Master Mason in good standing, a certified copy of which is hereunto annexed. Given at the place and on the day first (Seal) above written, as witness my hand and the seal of our Lodge, with the attestation of our Secretary. K L , Master. Attest: G H , Secretary. § 254 CONSTITUTION 210 Certificate of Service. I, , Secretary (or Tiler, or a member authorized by the Master for this purpose), of this Lodge, hereby certify that I duly served the annexed summons upon Bro , the ac- cused brother named therein, on the day of , 18..., by delivering to him in person at (or leaving at his ordinary place of residence, to-wit: street, in , California), or leaving at his place of business, to- wit: , in , California, the dupli- cate thereof, together with a certified copy of the charge and specifications which accompanied the summons. The following may be a form for the certificate of service when the service is had by mail or other mode of convey- ance: — Certificate of Service. I, , Secretary of this Lodge, hereby certify that on the day of , 18. . ., I forwarded by mail (or other usual mode of conveyance, stating it), to Bro , named in the annexed summons, at ,in the State of , which place is the residence of the said brother, the duplicate of the annexed summons, together with a certified copy of the charge and specifications which accompanied the summons. , Secretary, Summons to accused, how issued: Sec. 198. Summons to accused, how served: Sec. 199. 211 CONSTITUTION § 255-256 Summons to a witness. A. M. At , Cal., ,18... Bro. S T.... , You are hereby summoned to appear at , on the day of , 18 ... , at o'clock ..M., there and then to testify in relation to a certain charge of unmasonic conduct preferred by Bro. C D against Bro. A B Given at the place and on the day first (Seal) above written, as witness my hand and the seal of our Lodge, with the attestation of our Secretary. K L , Master. A-ttest: G H , Secretary. Witness, how summoned: Sec. 201. Letter of authorization to take testimony. Sec. 256. Hall of , Lodge No , F. and A. M. At , , , 18.. To the Worshipful U V , Master of Lodge, No,..., F. and A. M. At , County of , Cal. A charge of unmasonic conduct having been pre- ferred in this Lodge by Bro. C D , a Master Mason in good standing, against Bro. A B. , a member of Lodge, No , at , a copy of which charge, with the specifications, is herewith transmitted; and the § 256 CONSTITUTION 212 testimony of Bro. W X , a member (or a Mason residing within the jurisdiction) of your Lodge, being deemed important at the trial of said charge, you are hereby authorized and re- quested to take the testimony of the said Bro. W X , upon such matters as either the accuser or the accused, or both, may indicate in the paper (or papers) herewith annexed, and to make return thereof to me as early as may be pos- sible. Given at the place and on the day first (Seal) above written, as witness my hand, the seal of our Lodge, and the attestation of our Secretary. K L , Master. Attest. G H , Secretary. It should not be forgotten that, when either party desires to have testimony taken elsewhere than before the Commis- sioners, notice thereof must be given to the other party. The testimony taken upon an authorization, such as the foregoing, should be written out precisely in the same man- ner, with question and answer, as though taken before the Commissioners; and, after being so written out and signed by the witness, should be attached to and be returned with the authorization, accompanied with the following — Testimony of witness residing out of jurisdiction: Sec. 201. Certificate. , Gal., ,18. I do hereby certify that the foregoing pages, numbered from to , inclusive, contain the full, true, and perfect deposition of Bro. W X. , taken by me under and by virtue of the annexed authorization. U V , Master of . Lodge, No. . 213 CONSTITUTION § 257-258 Record of finding. Sec. 257. All other business being concluded, and there being present only members of his Lodge, the Master presented the record of the trial of Bro. A B , by the Commissioners elected on the , 18,..., and announced that he had been found guilty upon one (or two, or all), of the speci- fications in the charge of unmasonic conduct pre- ferred against him, and also upon the charge; and had been sentenced to expulsion (or suspension) from all the rights and privileges of Masonry. (Or to reprimand in open Lodge.) (Or, that he had been found not guilty upon all the specifications of the charge of unmasonic conduct preferred against him.) The Master directed the Secretary to record the same as the judgment of the Lodge and to file the record of the trial among the archives. Record of finding, requisites for: Sec. 205. Form of transcript of record of trial. First should come a fair copy of the proceedings of the Lodge at the special meeting thereof held for the election of Trial-Commissioners, which should have been entered in the minutes of the Lodge in substantially the following form: — Sec. 258. Form of Record. At a Meeting for Election of Trial-Commisioners. Hall of , Lodge No. . ., F. and A. M. At , Cal., ,18... By order of the Master, of which due notification was given to the brethren, this Lodge was specially convened at the place and on the day above writ- ten, at o'clock, . . ,M., and there were present the following: (Here give the names and titles of § 258 CONSTITUTION 214 the officers, and the number of other members pres- ent, referring for the names of these last to the Tiler's Register.) A Lodge of Master Masons having been duly opened, the Master stated that this special meeting had been called for the purpose of electing Commis- sioners to hear and determine upon a certain charge of unmasonic conduct preferred by a Master Mason in good standing against a brother of this Lodge (or of some other Lodge, naming it, or, if a non- affiliated Mason, saying so), and desired that the Lodge should indicate the number of Commissioners which it deemed advisable to elect. On motion, duly seconded, it was voted that the number of Commissioners be The Master appointed Bros. O P and Q E , to act as tellers, and the Lodge proceeded to ballot for Commissioners. At the conclusion of the. .. .ballot it was found that the following named brethren had each received a majority of the votes of all the members present, viz: — (Here give the names in full of all the Com- missioners elected.) And they were declared by the Master to be duly elected to serve as Commissioners. NOTE. — At this point, if the Master finds that the address of the accused is unknown and directs the trial to proceed ex parte, record thereof may be inserted and the direction as to summons being transmitted to the accused may be omitted. The Master named , the day of , 18..., at o'clock ..M., at the Lodge room (or such other place as he may desig- nate), as the time and place for the first meeting of the Commissioners, and directed the Secretary to notify each of them of his election and of the time and place of meeting. 215 CONSTITUTION § 258-259 The Master also directed the Secretary to prepare, for his signature, a summons to the accused to ap- pear at said time and place before the Commission- ers, and handed the charge to the Secretary with in- structions that a certified copy thereof, under seal of the Lodge, be made and transmitted to the ac- cused with said summons. The Master also directed the Secretary to notify the accuser of said time and place of meeting of the Commissioners. The business being thus concluded, the Lodge was closed. G H , Secretary. Approved: K L , Master. Secretary to make record: Sec. 205. Record of proceedings before commissioners. This should be followed by the record of the proceedings before the Commissioners, which may be in substantially the following form, viz.: — Sec. 259. At , Cal., , 18.. The Commissioners elected by Lodge, No. ..., F. and A. M., on , 18..., to try a certain charge of unmasonic conduct preferred by Bro against Bro , met at the time and place above noted, in accordance with the direction of the Master. There were present the following named Commis- sioners, to-wit : Bros There were also present Bro , W. M., of said Lodge, and Bro , Secretary thereof. The accused was (or was not) present, and he was (or was not) represented by an attorney (naming him). The accuser was (or was not) pres- S 259 CONSTITUTION 216 ent, and he was (or was not) represented by an at- torney (naming him.) The Master then stated the purpose for which the Commission is assembled. A majority of the Commissioners elected being present, the trial was ordered to proceed. The Master then caused the charge and specifica- tions to be read by the Secretary, and also the sum- mons to the accused, with the certificate of service thereof. The following is a copy of the same. (Here insert copy of charge, copy of summons, and copy of certificate of service.) It was also shown that the accuser had been duly notified. No objection was made by either party to any of the Commissioners (or, if objection is made, the fact and reasons given must be stated, together with the ruling of the Master thereon.) The accused, in answer to said charge and specifi- cations, stated (insert his statement, or, if his plea be in writing, insert copy thereof.) The Commissioners then proceeded to hear the testimony, and the following testimony was intro- duced on the part of the accuser:— Bro , a Mason in good standing, testified on his honor as a Mason, as follows: **I am a Mason in good standing, a member of Lodge, No . . . , F. and A. M., of " (Here insert the testimony of the witness, exactly as he gives it in his own words, giving all the ques- tions and answers.) (Signed) The foregoing testimony, given by Bro , was read to the witness, and, after such reading, 217 CONSTITUTION f 259 was signed by him in the presence of the Commis- sioners. , a witness who is not a Mason^ appeared before the Commission, and having been put under oath to testify truly by a , an officer authorized by the laws of this State to administer oaths, testified as follows: — (Here insert his testimony.) The deposition of , who was not a Mason, taken by order of the Master by an officer authorized by the laws of this State to administer oaths, was here introduced. (Here insert copy of such deposition, with copies of all papers appertaining thereto.) The testimony of Bro , a Mason re- siding without the jurisdiction of this Lodge, and taken by , Master of Lodge, No. . ., F. and A. M., by authorization of the Master of this Lodge, was here introduced. (Here insert copy of authorization, testimony and certificate.) The accused offered the following testimony: — (Here insert all of such testimony in the manner already stated.) No further testimony being offered, the matter was submitted to the Commissioners for decision. The Commissioners thereupon proceeded to deliber- ate, with none present save themselves, the Master and Secretary. After sufficient consultation and de- liberation, a vote for ''guilty" or "not guilty" was taken by ballot on the first specification, and the vote thereon was "guilty," 3; "not guilty," 4. A § 259 CONSTITUTION 218 vote for "guilty" or "not guilty" was then taken by ballot on the second specification, and the vote thereon was "guilty," 6; "not guilty," 1. A vote for "guilty" or "not guilty" was then taken by ballot upon the charge of unmasonic conduct, and the vote thereon was "guilty," 6; "not guilty," 1. The Commissioners then proceeded to vote, by bal- lot, upon the sentence. The Mastei submitted to the Commissioners the question — "Shall the accused be expelled?" The ballot on such question resulted "aye," 3; "no," 4. The Master then submitted to the Commissioners the question — "Shall the ac- cused be suspended!" The ballot on such question resulted "aye," 6; "no," 1. The result of this ballot having been declared, the Commission, having finished its work adjourned. Signatures of Commissioners who acted. I, , Secretary of Lodge, No. . . ., F. and A. M., do hereby certify that I acted as Secretary of the Trial-Commission elected by said Lodge to try a charge of unmasonic conduct pre- ferred by against , and that the foregoing is a full and correct record of the proceedings and findings of said Commis- sion. Dated , 18.. , Secretary. 219 CONSTITUTION § 259-260 [This completes the copy of the record of the Commis- sion, the original of which should be handed to the Master of the Lodge, who makes the announcement at the next stated meeting of the Lodge. The origiiial record of the Commission, handed to the Master and filed in the Lodge, should in all cases contain the original papers (charge, summons, depositions, etc.), and not copies. The original record remains with the Lodge. The transcript for the Grand Lodge, given above, is a copy of this original rec- ord, including copies of all papers therein.] The above should be followed in the transcript sent to the Grand Lodge by a copy of the minutes of the Lodge relating to the announcement in the Lodge by the Master, as shown in Section 257. Secretary to make record: Sec. 205. To be signed by commissioners: Sec. 205, Eecord of finding, form of: Sec. 257, Certificate of Master and Secretary. The transcript sent to the Grand Lodge should then be certified by the Secretary of the Lodge. The following may be a form for such certificate: — Sec. 260. Hall of , Lodge No , F. and A. M. At , Cal., ,18.. I, , Secretary of the above named Lodge, do hereby certify that in the case of , charged with unmasonic conduct, the foregoing is a full and correct copy of the minutes and proceed- ings of the Lodge at the election of Commissioners, of the record of proceedings before the Commission- ers, and of the minutes of the Lodge as to the an- nouncement of the result in the Lodge, In witness whereof, I have hereunto set my (Seal) hand and the seal of said Lodge. , Secretary. This must be followed by the approval of the Master, which may be as follows: — I 260-261 CONSTITUTION 220 I, , Master of said Lodge, do hereby certify that I have carefully examined the foregoing transcript of trial-record, and I do hereby approve the same. Dated , 18... Master of Lodge. No..., F. and A. M. The foregoing forms (251 — 260) are intended simply to show in a general way what is requisite. They must, of course, be changed by the persons preparing records to meet the facts of each particular case. To be signed by Secretary and Master: Sec. 205. To be transmitted to Grand Secretary, when: Sec. 207. REGULATIONS. Testimonial to Grand Master. Finance committee to provide for. Sec. 261. Regulation 1. The Finance Committee of this Grand Lodge is hereby authorized to set aside each year a sum of money not to exceed three hundred dollars ($300.00) for the purpose of pur- chasing a suitable testimonial to be presented to the retiring Grand Master of this Grand Jurisdiction, and said Finance Committee is hereby directed to consult with the retiring Grand Master before the purchase of said testimonial is made. The above incorporates old General Regulation 80. THE UNIFORM CODE OF BY-LAWS OF LODGES Made Obligatory in October, 1898, and as Amended to October, 1918. AETICLE I. Of Name and Oflacers. Section 1. This Lodge, shall be known by the name of Lodge, No , of Free and Accepted Masons; and its officers shall consist of a Master, a Senior Warden, a Junior Warden, a Treasurer, a Secretary, a Senior Deacon, a Junior Deacon, a Marshal, two Stewards, a Tiler, and such other officers as the Lodge may deem proper to appoint. AKTICLE II. Of Elections and Appointments. Section 1. The Master, the Senior and Junior Wardens, the Treasurer and the Secretary, shall be elected by ballot, in conformity with Section 135, of the Constitution of the Grand Lodge. The other officers shall be appointed by the Master, except the Junior Deacon, who may be appointed by the Senior Warden. Any Master Mason in good standing, whether or not a member of the Lodge, may be ap- pointed Tiler. ARTICLE in. Of Meetings of the Lodge. Section 1. The stated meetings of this Lodge shall be holden on the in each month at o'clock. 222 BY-LAWS Sec. 2. Special meetings may be called from time to time, as the Lodge, or the presiding officer there- of, may direct. ARTICLE IV. Of Initiation and Membership. Section 1. All petitions for initiation or affilia- tion must be signed by the petitioner and be recom- mended by two members of the Lodge. Every such petition shall be referred to a committee of three, whose duty it shall be to report thereon at the next stated meeting, (unless further time be granted,) when the applicant shall be balloted for and re- ceived or rejected. Sec. 2. If an applicant, elected to receive the de- grees in this Lodge, does not come forward to be initiated within three months thereafter, the fee shall be forfeited, unless the Lodge shall otherwise direct. Sec. 3. Every person raised to the degree of Master Mason in this Lodge, (except when such degree shall have been conferred at the request of another Lodge,) or elected to be a member thereof, shall sign its By-Laws. ARTICLE V. Of the Treasurer. Section 1. The Treasurer shall receive all moneys from the Secretary; shall keep an accurate and just account thereof; and shall pay the same out only upon an order duly signed by the Master, and countersigned by the Secretary. He shall, at the stated meetings in June and December of each year, submit a report in full of the monetary tran- BY-LAWS 223 sactions of the Lodge. The Lodge may also, at any time when considered necessary, cause him to pre- sent an account of his receipts and disbursements, and of the amount of funds on hand. Sec. 2. He shall, if required by the Lodge, exe- cute a good and sufficient bond to the Master, for the faithful performance of his duties. AETICLE VI. Of the Secretary. Section 1. The Secretary shall keep a faithful record of all proceedings proper to be written; shall transmit a copy of the same to the Grand Lodge when required; shall keep a separate account for each member of the Lodge; shall report at the stated meetings in June and December of each year, the amounts due by each; shall receive all moneys due the Lodge, and pay the same monthly to the Treasurer; and shall perform all such other duties as may properly pertain to his office. Sec. 2. He shall receive such compensation for his services as the Lodge may direct; and he shall, if required by the Lodge, execute a good and suffi- cient bond to the Master for the faithful perform- ance of his duties. AETICLE Vn. Of the Tiler. Section 1. The Tiler, in addition to the neces- sary duties of his office, shall serve all notices and summonses, and perform such other services as may be required of him by the Lodge. Sec. 2. He shall receive such compensation for his services as the Lodge may direct. 224 BY-LAWS ARTICLE VIII. Of Fees. Section 1. The table of fees for this Lodge shall be as follows: For the three degrees, the sum of dollars; for the degrees of Fellow Craft and Master Mason, when the first degree shall have been received in another Lodge, the sum of dollars; for the degree of Master Mason, when the first and second degrees shall have been received in another Lodge, the sum of dollars; and for affiliation, the sum of dollars. Sec. 2. The fee for each of the foregoing shall accompany the several petitions or applications, else they shall not be presented by the Secretary to the Lodge, ARTICLE IX. Of Dues. Section 1. The dues of each member of this Lodge shall be , payable quarterly in advance. Sec. 2. No member, who shall be in arrears for dues at the time of the annual election, shall be permitted to vote, or shall be eligible to any office. Sec. 3. Should any member, suspended for non- payment of dues, neglect for the period of two years to pay said dues or have the same remitted by his Lodge, said member may be restored to good stand- ing only as provided by Section 119, of the Consti- tution. Sec. 4. Any member in good standing may with- draw from membership by paying his dues and noti- See Sec. 118k. BY-LAWS 225 tying the Lodge to that effect at a stated meeting; but no recommendatory certificate shall be issued to him unless ordered by the Lodge. AETICLE X. Of Committees. Section 1. The Master and Wardens shall be a Charity Committee, and shall have power to draw upon the Treasurer for any aum, not exceeding dollars at any one time, for the relief of a distressed worthy brother, his wife, widow, or orphan. Sec. 2. The Master, at the stated meeting next succeeding his installation, shall appoint an auditing committee, whose duty it shall be to examine all accounts presented against the Lodge. Sec. 3. All reports of committees shall be made in writing. ARTICLE XI. Of Revealing the Transactions of the Lodge. Section 1. When a candidate for initiation or affiliation is rejected, or a brother reprimanded, sus- pended or expelled, no member or visitor shall re- veal, either directly or indirectly, to such person, or to any other, any transactions which may have taken place on the subject; nor shall any proceeding of the Lodge, not proper to be made public, be dis- closed outside thereof, under the penalty of repri- mand, suspension or expulsion, as the Lodge may determine. 226 BY-LAWS ARTICLE XII. Of the Order of Business. Section 1. The regular order of business at every stated meeting of this Lodge shall be as fol- lows: 1. Reading of the Minutes. 2. Reports of Committees. I 3. Balloting. 4. Reception of Petitions. 5. Miscellaneous and Unfinished Business. 6. Conferring of Degrees. , „ ARTICLE XIII. Of Amendments. Section 1. These By-Laws, so far as relates to the times of meeting, and the amounts of fees, dues, and disbursements by the Charity Committee, may be amended at any stated meeting by the votes of two- thirds of the members present; provided, that writ- ten notice of such amendment shall have been given at the stated meeting next preceding; but such amendment shall have no effect until approved by the Grand Lodge or Grand Master, and until such approval shall have been transmitted to the Grand Secretary. The Secretary of the Lodge shall note upon the minutes of the Lodge the notice of proposed amendment when made, and when transmitting an amendment for approval shall forward a certificate, under seal, showing that the law has been complied with and that the amendment has received the requisite vote. (For form of certificate of amendment to By- Laws, see section 250, Constitution.) Amendments: See Sec. 81d. INSTALLATION SERVICE FOK SUBORDINATE LODGES. The Lodge is opened in the Third Degree. The Master then says: Brethren, this Lodge having convened for the purpose of installing the officers, elected and appointed for the ensuing Ma- sonic year, the Secretary will read their names. The Secretary reads the names. The Master then says: After the Lodge is called from labor to re- freshment, the officers elected and appointed for the ensuing Masonic year will retire and prepare for the ceremony of installation, and the present officers will vacate their places and surrender their jewels. I will appoint Bro. Master of Ceremonies. The Lodge is then called from labor to refresh- ment. "When the officers elected and appointed have re- tired, the Master of Ceremonies forms them in pro- cession in the following order: Master of Ceremonies and Tiler. Master Senior Warden and Junior Warden. Treasurer . and Secretary. Chaplain and Marshal. Senior Deacon and Junior Deacon. Senior Steward and Junior Steward. After the procession is formed the Master of Cere- monies informs the Master. The Master then calls the Lodge to order and says: 228 INSTALLATION SERVICE Master: Bro. Master of Ceremonies, are the of- ficers of this Lodge, lately chosen, present and ready to be installed in their respective offices? Master of Ceremonies: They are without. Wor- shipful Master, and await your pleasure. Master: You will then conduct them to the seats prepared for them. (Enter with music.) Master of Ceremonies: Worshipful Master: The officers of this Lodge, lately chosen, are present and ready to be installed in their respective offices. Master: You will then present to me the Brother who has been elected to discharge the important duties of Master of this Lodge. Master of Ceremonies: Worshipful Master: I have great pleasure in presenting to you Bro. , who has been elected by this Lodge to be its Master for the ensuing Masonic year. Master: Is it known that Brother is well skilled in our ancient Craft? Is he zealous in his regard for the interests of our Order? And is hfe duly qualified to discharge the special duties of the Master's chair? Master of Ceremonies: It is well known that he is all this. Worshipful Master. This Certificate, vouch- ing for his proficiency in the ritual of our Order, is evidence that he is well skilled in our ancient Craft. (Presents Certificate.) I find him to be of good morals, true and trusty, and as he is a lover of the Fraternity, I doubt not that he will discharge his duties with fidelity and with honor. INSTALLATION SERVICE 229 Master: Worshipful Sir, the brethren of this Lodge, imposing confidence in your integrity, in your zealous regard for the interests of Masonry, and in your ability to discharge the duties of the Master's chair, have chosen you to occupy that honorable position during the ensuing year. Are you willing to accept this important trust? Master-Elect: I am. Master: You will then face your brethren of the Lodge. (Master-elect faces.) Master: Brethren, you now behold before you Bro. , who has been duly elected to serve this Lodge as Worshipful Master, and who is now about to be installed. If any of you have any reasons to urge why he should not be installed, you will now make them known or forever after hold your peace.* My brother, you will face the East. W.*. Brother, hearing no objection, I shall most cheerfully proceed to install you in the dignified and honorable position to which the suffrages of your brethren have called you; not doubting that the dignity of the Oriental Chair will be well preserved in your keeping, and that the interest and welfare of this Lodge may be safely confided to your charge. Before commencing your investiture, however, it is necessary that you should signify your assent to those ancient charges and regulations which point out the duties of the Master of a Lodge, and which on no account are ever to be neglected or departed from. They are as follows: — L You agree to be a good man and true, and strictly to obey the moral law. 'See Sec. 135j of Constitution. 230 INSTALLATION SERVICE II. You agree to be a peaceable citizen, and cheer- fully to conform to the laws of the country in which you reside, III. You promise not to be concerned in plots and conspiracies against government, but patiently to submit to the decision of the supreme Legislature, IV. You agree to pay a proper respect to the civil magistrate, to work diligently, live creditably, and act honorably by all men. V. You agree to hold in veneration the original rulers and patrons of the Order of Masonry, and their regular successors, supreme and subordinate, according to their stations; and to submit to the awards and resolutions of your Brethren, when con- vened, in every case consistent with the Constitu- tions of the Order. VI. You agree to avoid private piques and quar- rels, and to guard against intemperance and excess. VII. You agree to be cautious in carriage and behavior, courteous to your brethren, and faithful to your Lodge. VIII. You promise to respect genuine Brethren, and to discountenance impostors and all dissenters from the original plan of Masonry. IX. You agree to promote the general good of society, to cultivate the social virtues, and to propa- gate the knowledge of the Art. X. You promise to pay homage to the Grand Master for the time being, and to his officers when duly installed; and strictly to conform to every edict of the Grand Lodge or General Assembly of Masons, that is not subversive of the principles and ground- work of Masonry. INSTALLATION SERVICE 231 XI. You admit that it is not in the power of any man or body of men to make innovations in the body of Masonry. XII. You promise a regular attendance on the committees and communications of the Grand Lodge, on receiving proper notice, and to pay attention to all the duties of Masonry on convenient occasions. XIII. You admit that no new Lodge shall be formed without permission of the Grand Lodge; and that no countenance should be given to any irregular Lodge, or to any person clandestinely initiated therein, — being contrary to the ancient charges of the Order. XIV. You admit that no person can be regularly made a Mason in, or admitted a member of, any regular Lodge, without previous notice, and due in- quiry into his character. XV. You agree that no visitors shall be received into your Lodge without due examination, and producing proper vouchers of their having been initiated in a regular Lodge. These are among the regulations of Free and Ac- cepted Masons, and to these your assent must be freely given. Do you submit to these charges and promise to support these regulations, as Masters have done in all ages before you? Master-Elect: I do. Master: Then, my Brother, in consequence of this assurance, and with full confidence in your capacity and zeal, I will now install you Worshipful Master of Lodge, No. . Bro. Master of Cere- monies, you will invest him with the jewel of his station. 232 INSTALLATION SERVICE Master: That, my Brother, is an emblem of mor- ality; and as it is the especial badge of the Master's office, it should constantly remind you that not only by precept, but by example, you should promote good morals among the Brethren, and thus endeavor to avert the shadow of any scandal or reproach against the Fraternity. Your former life has given evidence that this jewel will not be an unmeaning symbol in your hands, and I solemnly charge you to take good care that its lustre be not dimmed through any act of yours. I now present you with the Book of Holy Writ- ings. It is the great Light in Masonry, and should ever be the great law of the Brotherhood. It will guide you to all truth; it will direct you to eternal happiness; and an attentive regard to the divine precepts it contains will insure you success in the fulfillment of the duties you are now about to assume. The working tools of our Craft will next be given you that, as the Master Workman, you may instruct the Craftsmen in the various duties and virtues which they have been selected to illustrate. The Square — teaches us well to regulate our every action, and to let our conduct be governed by the principles of Morality and Virtue. The Compass — teaches us to limit our desires in every station, and never to suffer our passions or our prejudices to become the masters of our judg- ment. The Eule — directs the undeviating discharge of all our duties; that we should press forward in the straight path of right and truth without inclining to the one hand or the other; in all our doings hav- ing Eternity in view. INSTALLATION SERVICE 233 The Plumb-line — is an emblem of moral rectitude. It teaches us to avoid all dissimulation and to pursue that honest and upright course in life which will tend to our elevation in the higher realms of im- mortality. There are still other important things which you will receive in charge. This Book of Constitutions you are expected diligently to search, and from time to time to cause its contents to be read in your Lodge, that none may remain ignorant of the pre- cepts it enjoins, or of the ordinances which it pro- mulgates. This Book contains the By-Laws of your Lodge, which it will be your especial duty to see carefully and punctually executed. And this is the Charter — under the authority of which your Lodge is held, and which you are care- fully to preserve, and duly transmit to your suc- cessor in the Master's chair. Bro. Master of Ceremonies, you will conduct the Master to his station in the East. (Music.) Master: Bro. Master of Ceremonies, you will now present the Senior Warden-elect. Master of Ceremonies: Worshipful Master, I now present to you for installation Bro. , who has been duly elected to serve as Senior Warden of this Lodge. He is of good morals, true and trusty, and possesses the love and confidence of his Brethren. This certificate vouches for his proficiency in the lectures and ritual of the First and Second Degrees, Master: Bro. , you have been duly elected Senior Warden of this Lodge, and I now invest you with the distinctive badge of your honorable station. 234 INSTALLATION SERVICE The Level demonstrates that we are descended from the sarae stock, that we partake of the same nature, and share the same hopes; and that, although distinctions among men are necessary to preserve subordination, yet no eminence of station should make us forget that we are Brethren; for he who is placed on the lowest spoke of fortune's wheel may be entitled to our regard; because a time will come, and the wisest know not how soon, when all distinc- tion save that of goodness shall cease; and death, the mighty leveler of human greatness, reduce us to the same state. Your regular attendance on our stated meetings is essentially necessary. In the absence of the Mas- ter, you are to govern the Lodge; in his presence, you are to assist him in the government of it. I firmly rely on your knowledge of Masonry, and at- tachment to the Lodge, for the faithful discharge of the duties of this important trust. Look well to the West! (Music.) Master: Bro. Master of Ceremonies, you will next present the Junior Warden-elect. Master of Ceremonies: Worshipful Master, I now present to you for installation Bro. , who has been duly elected by this Lodge to serve as Junior Warden for the ensuing year. This certificate vouches for his proficiency in the lecture and ritual of the First Degree. Master: Bro. , you have been elected Junior Warden of this Lodge, and I now invest you with the badge of your high position. The Plumb admonishes us to walk uprightly in our several stations, to hold the scale of justice in equal poise, to observe the just medium between INSTALLATION SERVICE 235 intemperance and pleasure, and to make our pas- sions and prejudices coincide with the line of our duty. To you is committed the superintendence of the Craft during the hours of refreshment; it is, there- fore, indispensably necessary that you should not only be temperate and discreet in the indulgence of your own inclinations, but that you should carefully observe that none of the Craft be suffered to con- vert the means of refreshment into intemperance and excess. Your regular and punctual attendance is partic- ularly requested; and I have no doubt that you will faithfully execute the duty which you owe to your present appointment. Look well to the South. (Music.) Master: Bro. Master of Ceremonies, you will next present the Treasurer-elect. Master of Ceremonies: Worshipful Master, I take pleasure in presenting to you Bro. , who has been elected Treasurer of this Lodge. Master: Bro. , you have been elected Treas- urer of this Lodge, and I now invest you with the badge of your oflfice. The Keys, forming the jewel of your station, have a twofold significance. They are instruments to bind as well as to make loose; to make fast as well as to open. They will never, I am confident, be used by you in any other manner than that which the Constitution, Laws and Regulations of the L^dge shall direct. You will receive all moneys from the Secretary, keep a just and accurate account thereof, and pay the same out, by order of the "Worshipful Master, and the consent of the Lodge. (Music.) 236 INSTALLATION SERVICE Master: Bro. Master of Ceremonies, you will next present the Secretary-elect. Master of Ceremonies: Worshipful Master, I take pleasure in presenting to you Bro. , who has been elected Secretary of this Lodge for the ensuing year. Master: Bro. , you have been elected Sec- retary of this Lodge, and I will now invest you with the badge of your office. In investing you with your official jewel, the Pens, I am persuaded that they will make an endearing record, not only to your praise, but also to the welfare of this Lodge. It is your duty to observe the will and pleasure of the Worshipful Master, to keep a faithful record of all things proper to be written, transmit a copy of the same to the Grand Lodge when required, receive all moneys from the Brethren, pay the same to the Treasurer, and take his receipt therefor. (Music.) Master: Bro. Master of Ceremonies, you will next present our worthy Chaplain for installation. Master of Ceremonies: Worshipful Master, I take pleasure in presenting to you Bro. , who has been appointed Chaplain of this Lodge. Master: Reverend and Worshipful Brother: That Holy Book, which is the Chart and text book of your sacred calling, is also the great Light in Ma- sonry, and forever sheds its benignant rays upon every lawful assemblage of Free and Accepted Masons. Teach us from its life-giving precepts; in- voke upon our labors the blessing of that Divine Being whose infinite goodness it so fully reveals and unfolds to us; and warn us by its lessons of wisdom and truth; and you will have faithfully performed INSTALLATION SERVICE 237 vour sacred functions and fulfilled your important trust. It is your duty to perform those solemn services which we should constantly render to our great Creator, and which, when offered by one whose holy profession is to "allure to brighter worlds and lead the way," may, by elevating our thoughts, strengthening our virtues, and purifying our minds, prepare us for admission into the society of the blessed in the realms of Life and Light eternal. It is fitting that an emblem of the sacred volume should be the jewel of your office, and with it I now invest you. (Music.) Master; Bro. Master of Ceremonies, you will now present the Brethren who have been appointed to serve this Lodge as Senior and Junior Deacons. Master of Ceremonies: Worshipful Master, I have the pleasure to present to you for installation Brothers and , who have been appointed to serve this Lodge as Senior and Junior Deacons. Master: Brothers and , you have been appointed Deacons of this Lodge, and you will now receive the jewels of your office. They indicate that it is your province to attend upon the Master and Wardens, and to act as their proxies, in the active duties of this Lodge. It will be your especial duty, Bro. Senior Deacon, to carry orders from the Worshipful Master in the East, to the Senior War- den in the West, and elsewhere about the Lodge as required; to attend to all alarms at the door of the preparation room, receive and conduct candidates, introduce and accommodate visiting Brethren. You, Brother Junior Deacon, will carry messages from the Senior Warden in the West, to the Junior in the South, and elsewhere about the Lodge as directed; 238 INSTALLATION SERVICE attend to all alarms at the door, and see the Lodge is duly tiled. Those Rods, my brother, distinctive of your office, will now be entrusted to your care; and believing from your past deportment in the Lodge, that your duties will be discharged with ability and zeal, I dismiss you to your respective places. (Music.) Master: Bro. Master of Ceremonies, you will now present the Brother who has been appointed Marshal of this Lodge. Master of Ceremonies: Worshipful Master, 1 take pleasure in presenting to you Bro. , who has been appointed Marshal of this Lodge. Master: Bro. , you have been appointed Marshal of this Lodge, and I now present you with the jewel and symbol of your office. The Baton is an emblem of command, and is suf- ficiently significant of your duties. You will, under the direction of the Master, take charge of all pro- cessions of the Lodge, and as the proper perform- ance of many ceremonies will depend upon the manner in which your duties are discharged, ycu are enjoined to be most careful in their performance. You will now take your jjroper place. (Music.) Master: Bro. Master of Ceremonies, you will now present the Brethren who are to serve this Lodge as Stewards. Master of Ceremonies: Worshipful Master, I take pleasure in presenting to you Brothers and , who have been appointed to serve this Lodge as Stewards for the ensuing Masonic year. INSTALLATION SERVICE 239 Master: Brothers and , you have been appointed Stewards of this Lodge, and I will now instruct you in your duties: In olden times, your province was to superintend and provide for the Festivals of the Craft, to assist in the collection of dues and subscriptions, to keep an account of the expenses for refreshments, and to see that the tables were properly supplied and every Brother suitably provided for. In later times, however, the pro- vision of actual refreshment in Lodges has generally ceased, and your functions will now be to prepare candidates for admission, and to perform those duties which Masonic custom has assigned to you on days of Procession. Receive the jewels of your of6.ce, together with the White Rods, and repair to your respective places. (Music.) Master: Bro. Master of Ceremonies, you will now present the brother who has been appointed Organist of this Lodge. Master of Ceremonies: Worshipful Master, I take pleasure in presenting to you Bro. , who has been appointed Organist of this Lodge. Master: Brother, you have been appointed Organ- ist of this Lodge, and it affords me great pleasure to invest you with the jewel of your office. It is your duty to preside at the organ at the opening and closing, and all ceremonials of the Lodge. May the delightful labors of your position impress more deeply upon the minds and hearts of your brethren that harmony is as essential for the strength and beauty of our noble Brotherhood, as it is for excellence in the art and science in which you 80 greatly excel. 240 INSTALLATION SERVICE You will now be conducted to your proper place in the Lodge. (Music) Master: Bro. Master of Ceremonies, you will now present the Brother who has been appointed Tiler of this Lodge. Master of Ceremonies: Worshipful Master, I now present to you Bro. , who has been appointed Tiler of this Lodge. Master: Bro. , you have been appointed Tiler of this Lodge, and I now present you with the jewel and implement of your ofl&ce. As the sword is placed in the hands of the Tiler, to enable him effectually to guard against the approach of cowans and eavesdroppers, and suffer none to pass or repass but such as are duly qualified, so should it admonish us to set a guard over our thoughts, a watch at our lips, and post a sentinel over our actions; thereby preventing the approach of every unworthy thought and deed, and preserving consciences void of offense toward God and man. You will now repair to your proper place. (Music.) Master: Worshipful Master: I congratulate you on your ascension to this time-honored seat. The duties incumbent upon you in your exalted station are fraught with grave responsibilities. Remember that the honor, reputation, and usefulness of your Lodge will materially depend upon the skill and as- siduity with which you manage its concerns, and that the happiness of its members will be generally promoted in proportion to the watchful care with which you cherish the genuine principles of our In- stitution. INSTALLATION SERVICE 241 For a pattern of imitation, consider the great lum- inary of nature, which, rising in the East, regularly diffuses light and lustre to all within its circle. In like manner, it is your province to spread and com- municate light and instruction to the Brethren of your Lodge. Forcibly impress upon them the dig- nity and high importance of Masonry; and seriously admonish them never to disgrace it. Charge them to practice out of the Lodge those duties which they have been taught in it; and by amiable, discreet, and virtuous conduct, to convince mankind of the goodness of this Institution; so that, when a person is said to be a member of it, the world may know that he is one to whom the burdened heart may pour out its sorrows, one to whom distress may prefer its suit; one whose hand is guided by justice, ard whose heart is expanded by benevolence. In short, by a diligent observance of the By-Laws of your Lodge, the Constitutions of Masonry, and, above all, the Holy Scriptures, which are given as the rule and guide of your faith, you will be en- abled to acquit yourself with the highest honors here and lay up a crown of rejoicing which shall continue when time shall be no more. Brother Senior and Junior Wardens: — You are too well acquainted with the principles of Masonry to warrant any distrust that you will be found wanting in the discharge of your respective duties. Suffice it to say, that what you have seen praise- worthy in others, you should carefully imitate; and what in them may have appeared defective, you should yourselves avoid. You should be examples of discretion and propriety; for it is only by a due regard for our laws and regulations as shown in your own conduct, that you can expect obedience 242 INSTALLATION SERVICE to them from others. You are assiduously to assist the Master in the discharge of his trust; diffusing- light and imparting knowledge to all whom he shall place under your care. In the absence of the Master j^ou will succeed to higher duties; your acquirements must therefore be such as will insure proper instruction to the Craft, From the spirit which you have hitherto evinced, I entertain no doubt that your future conduct will be such as will merit the applause of your Brethren, and the testimony of a good conscience. Brethren of Lodge, No. — (Calls up the members only) : Such is the nature of our Constitu- tion, that as some must, of necessity, rule and teach, so must others, of course, learn to submit and obey. Humility in both is an essential duty. The officers who have been chosen to govern your Lodge are suf- ficiently conversant with the rules of propriety and the Laws of the Institution to avoid exceeding the power with which they are intrusted; and you are of too generous disposition to envy their preferment. I therefore trust that you will have but one aim — to please one another, and unite in the grand design of promoting happiness. Finally, my Brethren, as this association has been formed and perfected in so much unaminity and concord, so may it long continue. May you long enjoy every satisfaction and delight which disinter- ested friendship can afford. May kindness and brotherly affection distinguish your conduct as men and as Masons. Within your peaceful walls may your children's children celebrate, with joy and gratitude, the annual recurrence of this auspicuous solemnity. And may the tenets of our profession be trans- INSTALLATION SERVICE 243 mitted through this Lodge, pure and unimpaired, from generation to generation. Worshipful Master, it now remains for me to present to you the Gavel, the emblem of power. In the hands of the Master, it may be made the instru- ment of great good, or of greater evil. With it, the Master governs his Lodge; and the welfare and prosperity of your Lodge, in a great measure, de- pend upon its judicious use. In your hands, I am confident, it will be wielded for the best interests of your Brethren. (Master takes gavel, and covers head with hat.) Master, behold your Brethren! Brethren, behold your Master! The Brethren of Lodge, No. — , will, under the direction of the Master of Ceremonies, form in procession and salute their Worshipful Master in due and ancient form. (After Procession.) Master: Brother Master of Ceremonies, you will now make Proclamation. Master of Ceremonies: By order of the Most Worshipful Grand Lodge of Free and Accepted Ma- sons of the jurisdiction of California, I do now pro- claim the Officers of Lodge, No. — , to be duly installed. (The Worshipful Master then seats the Lodge, and it is closed in the usual way.) 244 PUBLIC GRAND HONORS The public Grand Honors of Masonry are given thus: — Cross the arms upon the breast, the left arm outermost, the hands being open and palms inward; then raise them above the head, the palms of the hands striking each other; and then let them fall sharply upon the thighs, the head being bowed. This will be thrice done at funerals and the action will be accompanied with the following ejaculation: — "The will of God is accomplished — So mote it be — Amen, ' ' The private Grand Honors are the signs of the several degrees given in a manner and upon occasions known only to Master Masons. THE FUNERAL SERVICE As revised by order of THE GRAND LODGE, F. & A. M., OF CALIFORNIA, October, 1911. SUGGESTIONS FOR LODGE-ROOM SERVICES. The entire service may be held in the Lodge-room. After the Lodge is opened, the Master states the object of the meeting, and calls off.* The public may then be admitted. When the funeral party arrives at the hall, the officers remain seated and the Mas- ter, with gavel in hand, goes to the outer door and escorts the procession into the hall. As the funeral party reaches the room, the Junior Warden calls up the Lodge, the Master goes to his station, and the casket i^ placed directly west of the altar, the mourners on either side, and the pall-bearers in the west. When the casket is placed in position, the Lodge is seated. The service is then commenced: "Brethren and Friends," etc. After the first anthem, the Master opens and reads the sacred roll, and says: Almighty Father! Into Thy hands we commend the soul of our beloved brother. The Master then delivers the roll to the Secretary, calls up the Lodge, and says: The Brethren will assist me in giving the Grand Honors. Response: (Giving the Grand Honors thrice). *Lodge need not be opened. See Section 164 and 164q. 246 FUNERAL SERVICE The -will of God is accomplished! So mote it be! Amen! Music may here be introduced. The Master then seats the Lodge, and says: The officers of the Lodge will take their stations around the casket of our deceased brother. The arrangement of the officers may be as indi- cated at the grave-side, the Master being stationed directly west of the altar, and the Senior Warden at the west of the casket. The service is then resumed: "Once more, my brethren," etc., down to but not including the par- agraph beginning ''Soft and safe," etc. The Master then says: The officers will return to their respective stations. When the officers are seated, the Master says: The Marshal will now take charge. The Marshal then forms a procession in the north of the hall, facing east, and marches three times around the room, and then to the west, thence to the casket, where the brethren divide into two col- umns, marching on each side of the casket, joining in double line as they pass the altar, then marching out of the hall on the south, and lining up at the front door. After the mourners have viewed the remains, the casket is closed and the procession is formed, the Master at the head of the casket, the mourners following the casket to the hearse. After the casket is placed and the mourners are in their carriages, the procession disbands and officers and members return to the hall, the Master and such members as can, going to the place of sepulture, where the ritual is completed, followed by the bene- diction. THE FUNERAL SERVICE Only Master Masons can be interred with Ma sonic honors. Fellow Crafts and Entered Appren- tices are not entitled to Masonic obsequies, nor can they join in processions on such occasions. All brethren in attendance at a funeral should be- decently clothed in black, with white gloves and aprons, crape upon the left arm, and the customary evergreen. The brethren having assembled in the Lodge room, the Master opens the Lodge in the third de- gree,* and states the purpose for which it has been convened. If the body be not in the Lodge room, the Master will direct the Marshal to form a procession, which will move to the house or church where the remains may be, and thence to the place of sepulture, in the following order: The Tiler, with drawn sword; ^ Stewards, with white rods; jO Musicians, if any; ^ (If not Masons, they will follow the Tiler) J^ Master Masons; Treasurer and Secretary; Senior and Junior Wardens; Past Masters; The Holy Writings; (On a cushion covered with black cloth, carried by the oldest member of the Lodge, and supported" by the Deacons) The Master with Gavel; The Eeverend Clergy; Pall Bearers Hearse Pall Bearers Mourners. 'See Section 164 of Constitution. 248 FUNERAL SERVICE Upon arriving at. the place of burial the members of the Lodge will form as nearly pursuant to the following diagram as conditions will permit: 7 4 6 5 8 9 1 12 ]3 10 11 Brethren 1. Master 7. S. D. 2. S. w. 8. J D. 3. J. W. 9. Marshal. 4. Treasurer 10. Holy Writings 5. Secretary 11. S. S. 6. Chaplain 12. 13. J. S. Tiler The service is then commenced by the Master as follows: Brethren and Friends: — From time immemorial it has been the custom among the fraternity of Free and Accepted Masons, at the request of a brother, to accompany his re- mains to the place of interment, and there to de- posit them with the solemn formalities of the craft. In conformity to this usage, and in accordance with the duty we owe to our departed brother, we have assembled in the character of Masons to offer FUNERAL SERVICE 849 up to his memory, before tlie world, the last sad tribute of our affection; thereby demonstrating the sincerity of our past esteem for him and our steady attachment to the principles of our beloved Order. The great Creator having been pleased, in His infinite wisdom, to remove our brother from the cares and troubles of this transitory life, thus sev- ering another link in the fraternal chain by which we are bound together — let us, who survive him, be yet more strongly cemented by the ties of brotherly love; that, during the brief space allotted to us here, we may wisely and usefully employ our time, and, in the reciprocal intercourse of kind and friendly acts, mutually promote the welfare and happiness of each other. An anthem, or other solemn music may here be introduced, after which the Master opens and reads the sacred roll and says: Almighty Father. Into Thy hands we commend the soul of our beloved brother. He drops the roll upon the casket, and then says: The brethren will assist me in giving the Grand Honors: Response. (Giving the Grand Honors thrice.) The will of God is accomplished. So mote it be. Amen. Once more, my brethren, have we assembled to per- form the last solemn duties to the dead. The mourn- ful notes which betoken the departure of a spirit from its earthly tabernacle have again alarmed our outer door, and another has been taken to swell the numbers in that unknown land whither our fathers have gone before us. ^50 FUNERAL SERVICE Our brother has reached the end of life. The brit- tle thread which bound him to earth has been sev- ered, and the liberated spirit has winged its flight to the unknown world. The silver cord is loosed; the golden bowl is broken; the pitcher is broken at the fountain; and the wheel is broken at the cistern. The dust has returned to the earth as it was; and the spirit has returned to God who gave it. While we deplore the loss of our beloved brother, and pay this fraternal tribute to his memory, let us not forget, my brethren, that we, too, are mortal; that our bodies, now strong and vigorous, must ere long, like his, become tenants of the narrow grave; and that our spirits, too, like his, must return to the God that spake them into existence. "Man that is born of a woman is of few days, and full of trouble. He cometh forth as a flower, and is cut down; he fleeth also as a shadow, and continueth not." The Almighty fiat has gone forth: "Dust thou art, and unto dust shalt thou return." And that we are all subject to that decree, the solemn cause of our present meeting, and the daily observa- tion of our lives, furnish evidence not to be for- gotten. Seeing, then, my brethren, that life is so uncer- tain, and that all earthly pursuits are vain, let us no longer postpone the all-important concern of pre- paring for eternity; but let us embrace the present moment, while time and opportunity are offered, to provide against that great change when all the pomps and pleasures of this fleeting world will pall upon the sense, and the recollection of a virtuous and well-spent life will yield the only comfort and con- solation. Thus we shall not, unprepared, be hurried into the presence of that all-wise and powerful FUNERAL SERVICE 251 Judge, to whom the secrets of all hearts are known; and on the great day of reckoning we shall be ready to give a good account of our stewardship while here on earth. With becoming reverence, then, let us supplicate the Divine Grace to insure the favor of that Eternal Being whose goodness and power know no bounds; that on the arrival of the momentous hour when the fading taper of human life shall faintly glimmer in the socket of existence, our Faith may remove the dark shroud, draw aside the sable curtain of the tomb, and bid Hope sustain and cheer the departing spirit. The Master, or Chaplain, or any clergyman present, then repeats the following prayer: Most Glorious God! Author of all good, and Giver of all mercy! Pour down Thy blessing upon us, we beseech Thee, and strengthen our solemn engage- ments with the ties of sincere affection! Endow ua with fortitude and resignation in this our hour of sorrow, and grant that this dispensation from Thy hands may be sanctified in its results upon the hearts of those who now meet here to mourn! May the present instance of mortality remind us of our ap- proaching fate, and draw our attention towards Thee, the only refuge in time of need; so that, when the moment shall arrive at which we, too, must quit this transitory scene, the enlivening pros- pect of Thy mercy may dispel the gloom of death; and", after our departure hence in peace and in Thy favor, we may be received into Thy everlasting kingdom, to enjoy the just reward of a virtuous and well-spent life! Amen! Response. So mote it be. 252 FUNERAL SERVICE Music may here again be introduced, after which the Master continues: Our Brother has gone to the long sleep of death; and so profound will be that sleep that the giant tread of the earthquake, even, shall not disturb it. There will he slumber until the Archangel's trump shall usher in that eventful morn, when, by our Su- preme Grand Master's word, he will be raised to that blissful Lodge which no time can close, and which, to those worthy of admission, will remain open during the boundless ages of eternity. In that Heavenly Sanctuary, the Mystic Light, unmingled with darkness, will reign unbroken and perpetual. There, amid the sunbeam smiles of Immutable Love, under the benignant bend of the All-Seeing Eye, in that Temple, not made with hands, eternal in the heavens, — there, my brethren, may Almighty God, of His infinite mercy, grant that we may finally meet, to part no more. The apron is then taken from the casket by the Marshal and handed to the Master; the casket is de- posited in the grave (or conveyed into the vault) ; and the Master continues: This lamb-skin apron is an emblem of innocence, and the peculiar badge of a Mason. It is more an- cient than the Golden Fleece or Roman Eagle, and, when worthily worn, more honorable than the Star and Garter, or any other Order which earthly power can confer. (Drops it upon the casket.) By this act we are reminded of the universal dominion of Death. The arm of Friendship can not oppose the King of Terrors; the shield of Fraternal Love can not protect his victim; nor can the charms of Innocence avert his fatal touch. All, all must die. We are continually reminded that we, too, are mor- FUNERAL SERVICE 253 tal, and that ere long our bodies, also, shall moulder into dust. How important then it is for us to know that our Redeemer liveth, and that he shall stand at the latter day upon the earth! (Taking the Acacia in Ms hand, he continues:) This Evergreen, which once marked the temporary resting place of one illustrious in Masonic history, is an emblem of our enduring faith in the immortality of the soul. By it we are reminded that we have an imperishable part within us, which shall survive the grave, and which will never, never die. By it we are admonished that, though like our brother, we too shall soon be clothed in the habiliments of death, yet, through the loving goodness of our Supreme Grand Master, we may confidently hope that, like this evergreen, our souls will hereafter flourish in eternal spring. (Deposits Acacia.) On making the deposit, the Master says: "We consign his body to the tomb," then, placing his right hand over his breast, says: "We cherish his memory here," and rais- ing his right hand above his head and pointing upward, says: "We commend his spirit to God." The brethren make the same motions in silence when depositing the acacia. The brethren here move in procession once around the grave, led by the Marshal, moving with the sun, each depositing In It a sprig of evergreen as he passes the head. Having resumed their original posi- tions, music may be again Introduced and the Master proceeds with the service as follows: Unto its final resting place we consign the body of our deceased brother — earth to earth, ashes to ashes, dust to dust; — there to remain until the last trump shall sound on the resurrection morn. We can trust- ingly leave him in the hands of a beneficent Being who has done all things well; who is glorious in His 254 FUNERAL SERVICE Holiness, wondroua in His Power, and boundless in His Goodness; and it should only be our endeavor so to improve the solemn warning now before us, that, on the great day of account, we too may be found worthy to inherit the kingdom prepared for us from the foundation of the world. We extend to the bereaved friends and relatives of our departed brother our sincere sympathy in this hour of sorrow, and we pray that ''He who tempera the wind to tlie shorn lamb ' ' will give them His divine comfort and consolation, and that they may be brought to realize that the spirit of our brother is happy in his Father's house, where "God shall wipe away all tears from their eyes, and where there shall be no more death, neither sorrow, nor crying, neither shall there be any more pain, for the former things are passed away." The Master (or Chaplain, if one be present,) will then repeat the following prayer: Almighty and Eternal God — in whom we live, and move, and have our being — and before whom all men must appear at the Judgment-day to render an ac- count of their deeds while in this life — we, who are daily exposed to the flying shafts of death, do most humbly beseech Thee to impress deeply on our minds the solemnities of this day, and to grant that their remembrance may be the means of turning our thoughts from the fleeting vanities of the present world to the lasting glories of the world to come. Let us continually be reminded of the frail tenure by which we hold our earthly existence; that in the midst of life we are in death; and that, however up- right may have been our walk, and however square our conduct, we must all submit as victims to the great destroyer, and endure the humbling level of FUNERAL SERVICE 255 the tomb. Grant us Thy divine assistance, O most merciful God, to redeem our misspent time; and, in the discharge of the important duties which Thou liast assigned us in the erection of our moral edifice, give unto us wisdom to direct us, strength to support us, and the beauty of holiness to adorn our labors and render them acceptable in Thy sight. And, when our work on earth is done, and our bodies shall go down to mingle with their kindred dust, may our immortal souls, freed from their cumbrous clay, be received into Thy keeping, to rest forever in that spiritual house, not made with hands, eternal in the Heavens. Amen! Eesponse. So mote it be! The Master then approaches the head of the grave