ISTRICT No. 80 \'\' k i t^ Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/digestofgrandlodOOinderich DIGEST OF THE Grand Lodge OF THE Independent Order of Odd Fellows OF THE STATE OF CALIFORNIA, FROM ITS ORGANIZATION IN MAY. 1853, TO AND INCLUDING THE YEAR 1897 WITH NOTES OF DECISIONS OF THE SOVEREIGN GRAND LODGE TOGETHER WITH THE Constitution and By-Laws of the Sovereign Grand Lodge, Constitution and Rules of Order of the Grand Lodge, Constitution of Subordinate Lodges, Constitution of Rebekah Assembly, Constitution of Rebekah Lodges, Forms, and AX ANALYTICAL INDEX. By DAVIS LOUDERBACK, P. G. M BY AUTHORITY OF THE GRAND LODGE. SAN FRANCISCO: Joseph Wintkrburn Company, Printers and Ei.kctrotypers, No. 417 C'lny Street, between Sansonie nud Untlery, 1897. . . PREFACE w MANY laws a in a Digest ^s and decisions may be appropriately placed under a number of different heads. In this Digest they are arranged alphabetically according to subjects under appropriate heads, but the same law or decision is placed only under one head, except in a few instances where the principles involved, or the nature of the law or decision seemed to require it as a matter of necessity or convenience. The Rebekah laws and decisions are inserted under one head — " Rebekah Branch." The Analytical Index to this Digest contains references to all laws and decisions disposed under every head and topic involved in the law or decision. The contents of this book are in the following order : 1. Constitution of the Sovereign Grand Lodge, I. 0. 0. F. 2. By-Laws of the Sovereign Grand Lodge. • 3. Constitution of the Grand Lodge, I. 0. 0. F., of the State of California. 4. Rules of Order of the Grand Lodge. 5. Digest. 6. Constitution of Subordinate Lodges, I. O. 0. F., of Cali- fornia. 7. Constitution of Rebekah Assembly, I. 0. 0. F., of California. 8. Constitution of Rebekah Lodges, I. 0. 0. F., of California. 9. Forms. 10. Analytical Index to the Digest. DAVIS LOUDERBACK, P. G. M. San Francisco, December, 1897. UiPTON ACC£SSi(Nl MOOfT UBlUaY , , 171 CONSTITUTION OF. THE Sovereign Grand Lodge, OF THE INDBPENUENT OKDER OF ODD FELLOWS, ADOPTED AT THE ANNUAL .SESSION OF THAT GRAND BODY HELD AT THE CITY OF BALTI- MORE ON THE 4TH DAY OF SEPTEMBEK, A. D. 18cJ, AND YEAR OF THE ORDER IN NORTH AMERICA THE 36th, WITH ALL AMENDMENTS WHICH HAVE BEEN MADE THERETO UP TO THE SESSION OF 1S97, INCLUSIVE. ARTICLE I. Section 1.— Title. This Lodge shall be known by the name, style and title of the Sovereign Grand Lodge of Inde- pendent Order of Odd Fellows. Sec. 2— The source of all leg^itimate Odd Fellowship. It is the source of all true and legitimate Odd Fellowship in the United States of America, and possesses such powers and juris- diction over the whole brotherhood as are provided in the Con- stitution and Ritual of the Order. Its authority extends also to such Lodges and Encampments as may be organized under its charter in foreign countries. Sec. 3.— Charters— Powers. By virtue of charters granted by it, all State, District and Territorial Grand Lodges and Grand Encampments exist, and with it rests the power, by a majority of two-thirds of the votes cast, to deprive such State, District or Territorial Grand Bodies of their charters, and to annul their authority; provided, that such deprivation or annul- ment shall only be made for violation of the laws of this Grand Lodge. No more than one Grand Lodge and Grand Encamp- ment shall be chartered in any State, I^istrict or Territory. All Grand Bodies working under charters granted by this Grand Ijodge are supreme for all local legislation and appel- late jurisdiction within their respective limits, except as here- inafter provided. 4 CONSTITUTION OF THE SOVEREIGN GRAND LODGE. Sec. 4.— Appeals. With the consent of the Grand Lodge or Grand Encampment of a State, District or Territory, an appeal ma}^ be had by any Subordinate Lodge or Encampment to the Sovereign Grand Lodge'; such consent, however, not being necessary when an expelled Lodge or Encampment, after having surrendered to its Grand Lodge or Grand Encampment all its effects, appeals from such decision. Appeals may also be heard from a member or members of a State, District or Terri- torial Grand Lodge or Grand Encampment, from the decision thereof; but in all cases the decision of the State, District or Territorial Grand Lodge or Grand Encampment shall be final and conclusive until reversed by this Grand Lodge on a direct appeal therefrom. All appeals to the Sovereign Grand Lodge shall be subject to such general regulations as it may adopt. Sec. 5.— Powers— Work of the Order. To this Grand Lodge belongs the power to regulate and control the unwritten work of the Order, and to fix and determine the customs and usages in regard to all things which appertain thereto. And to it alone belongs the power to provide and establish suitable lectures and other written work therefor. But the unwritten work of the Order shall in no wise be altered or amended, except by a four-fifths vote of the members of this Grand Lodge; nor shall the written work of the Order be in any wise altered or amended, except with the concurrence of two-thirds of the members of this Grand Lodge. Sec. 6.— Power to establish the Order. To this Grand Lodge is reserved the power to establish the Independent Order of Odd Fellows in such countries, domestic or foreign, wherern th^ same has not yet been established. Sec. 7. — Jurisdiction of Sovereig-n Grand Lodge. To this Grand Lodge belongs the immediate jurisdiction over all Subordinate Lodges and Encampments in such countries, domestic or foreign, as are without Grand Lodges or Grand Encampments. Sec. 8.— Laws of General Application. To it belongs the power to enact all laws of general application to the Order. Sec. 9— Jurisdiction of State Grand Bodies. All power and authority in the Order not reserved to this Grand Lodge CONSTITUTION OF THE SOVEREIGN GKAND LODGE. 5 by this Constitution is hereby vested in the various State, Dis- trict and Territorial Grand Bodies. ARTICLE II. Who are members of Sovereign Grand Lodge. This Grand Lodge shall be composed of the following members, to wit.: A Grand Sire, Deputy Grand Sire, Grand Secretary, Grand Treasurer, Grand Chaplain, Grand Marshal, Grand Guardian, Grand Messenger, and Grand Representatives from the several State, District and Territorial Grand Lodges and Grand Encampments working under legal, unreclaimed char- ters, granted by this Grand Lodge. ARTICLE in. Section 1.— Officers. The officers of this Grand Lodge shall be the Grand Sire, Deputy Grand Sire, Grand Secretary, and Grand Treasurer, who shall be elected by ballot, by a majority of all the votes cast, biennially, at the stated commu- nication of this Grand Lodge in September; and shall be installed into their respective offices at the conclusion of said stated communication. Sec. 2.— Appointed Officers. The Grand Chaplain, Grand Marshal, Grand Guafdian and Grand Messenger shall be nominated by the Grand Sire, and, if approved by the Grand Lodge, shall be installed into their respective offices immedi- ately after the installation of the elective officers. Sec. 3.— Failure to appear at Installation. Should any of the elective officers fail to appear, to be installed at the time provided, the particular office or offices shall be declared vacant, and the Sovereign Grand Lodge shall in that event proceed to a new election to fill such vacancy or vacancies, and the officer or officers so elected shall be accordingly installed. Sec. 4— Attendance at Sovereign Grand Lodge— Duties. All the officers, both elective and appointed, shall attend each meeting of the Sovereign Grand Lodge, and perform such duties as are enjoined by the laws and regulations of the Order, and such as may be required by the presiding officer; and shall receive such compensation as is hereinafter provided. 6 CONSTITUTION OF THE SOVEREIGN GRAND LODGE. Sec. 5. — Officers to Vote— When. No officer who is not a representative shall be permitted to vote, except the Grand Sire in case of an equal division; the elective officers shall have the power of debating and making motions, but shall not have the privilege of voting unless they be Grand Representatives. The appointed officers, unless they be representatives, shall not be allowed to take part in the proceedings and debates of the Sov- ereign Grand Lodge, except by a vote of the majority thereof. ARTICLE IV. Section L — Duties of Grand Sire. The Grand Sire shall preside at all meetings of the Sovereign Grand Lodge, preserve order and enforce the laws thereof. He shall have the casting vote whenever the Lodge shall be equally divided, other than upon a ballot for officers, but shall not vote upon any other occasion. He shall appoint all committees not required to be raised by ballot, and appoint all District Deputy Grand Sires. During the recess of this Grand Lodge he shall have a general superintendence of the interests of the Order. He may hear and decide such appeals as may be submitted to him by the several State Grand Lodges and Grand Encampments, or by the Subordinate Lodges or Encampments under the immediate jurisdiction of this Grand Lodge. He may hear and decide such questions, other than questions arising out of the Consti- tutions of the several State, District or Territorial Grand Lodges or Grand Encampments, as may be submitted to him by the several State Grand Lodges and Grand Encampments, or by the Grand Masters or Grand Patriarchs thereof, or by the Grand Representatives, or by the Subordinate Lodges or En- campments under the immediate jurisdiction of this Sovereign Grand Lodge. And his decisions on all appeals and questions so submitted to him shall be binding upon the bodies or per- sons submitting. the same until reversed by this Grand Lodge. He is empowered to receive petitions and grant warrants for the opening of new Lodges and Encampments, Grand or Sub- ordinate, in places where Grand Bodies established by this Grand Lodge may not exist; and all warrants so granted by him shall be of force until recalled by this Grand Lodge. At every communication of this Sovereign Grand Lodge, he CONSTITUTION OF THE SOVEREIGN GRAND LODGE. 7 shall make a report, in writing, of all his official acts and decisions during the recess. Sec. 2.— Cannot hold any other office. During his term of service he shall not hold any office in any State, District or Territorial Grand or Subordinate Lodge or Encampment. Sec. 3.— Case of death, &c.. Deputy Grand Sire to act. In case of the death, resignation or removal from office of the Grand Sire, or in case he should absent himself for six months, or upward, beyond the limits of the United States and the British North American possessions, or in case of his inability, from physical causes, to discharge the duties of his office, the Deputy Grand Sire shall act in his place, and shall have and enjoy all the powers and privileges, and exerci,se the duties, of said office until the next communication of this Sovereign Grand Lodge. In case of the death, resignation, removal, absence or inability of both the Grand Sire and Deputy Grand Sire, all said duties and powers shall be exercised by the Junior Past Grand Sire competent to fill said office, and at the first communication thereafter the Sovereign Grand Lodge shall pro- ceed to elect and install a Grand Sire for the unexpired term, and to fill any vacancy that may be occasioned thereby; pro- vided^ however, that a mere temporary or transient visit beyond said limits, not exceeding the aforesaid period of time, shall not be so construed as to work a forfeiture of the office. ARTICLE V. Duties of Deputy Grand Sire. The Deputy Grand Sire shall open and close the meetings of the Sovereign Grand Lodge; support the Grand Sire by his advice and assistance, and preside in his absence. In case of the removal, death, resignation or inability of the Grand Sire, the powers and duties of the said office shall devolve on the Deputy Grand Sire, for the unexpired term, as provided in Section 3 of Article IV. ARTICLE VL Duties of Grand Secretary. The Grand Secretary shall make a just and true record of all the proceedings of the Sov- ereign Grand Lodge, in a book provided for that purpose; keep k 8 CONSTITUTION OF THE SOVEREIGN GRAND LODGE. the journal of all secret sessions, and preserve and keep the evidences of the unwritten work, and such alterations a's may, from time to time, be made therein, and all other records apper- taining to the work of the Order, and the explanations and lectures relative thereto; summon the members to attend all special meetings; keep accounts between the Sovereign Grand Lodge and the Grand and Subordinate Lodges and Encamp- ments under its jurisdiction; read all petitions, reports and communications; write all letters and communications; carry- on, under the direction of the Sovereign Grand Lodge, or Grand Sire, its correspondence, and transact such business of the Sov- ereign Grand Lodge appertaining to his office as may be required of him by the Sovereign Grand Lodge. All commu- nications transmitted or received by him, officially, shall be laid before the Sovereign Grand Lodge. He shall receive for his services such compensation as the Sovereign Grand Lodge shall from time to time determine. ARTICLE VIL Section 1.— Duties of Grand Treasurer. The Grand Treasurer shall keep the moneys, and all the evidences of debt, choses in action, deeds, etc., of the Sovereign Grand Lodge, and pay all orders drawn on him by the Grand Secretary. He shall lay before the Sovereign Grand Lodge, at its stated com- munication in September, annually, a full and correct state- ment of his accounts. Before his installation, he shall give a bond, with at least two sureties, to the Sovereign Grand Lodge, in such sum as may from time to time be fixed ; and shall receive such compensation as the Sovereign Grand Lodge shall determine. Sec. 2.— Money not drawn unless appropriated. No money shall be drawn from the treasury but in consequence of appropriations made by the Sovereign Grand Lodge. ARTICLE VIII. Section 1.— Duties of Grand Chaplain. The Grand Chap- lain shall perform such duties as appertain to his office, and as may, from time to time, be required by the Sovereign Grand Lodge relative thereto. CONSTITUTION OF THE SOVEREIGN GRAND LODGE. 9 Sec. 2.— Duties of Grand Marshal. The Grand Marshal shall assist the Grand Sire in performing his duties in such a manner as may, from time to time, be required, and perform all the duties generally appertaining to such office. Sec. 3.— Duties of Grand Guardian. The Grand Guar- dian shall prove every brother before admitting him, and allow none to depart without the usual formality. Sec. 4.— Duties of Grand Messeng-er. The Grand Mes- senger shall perform such duties as the Sovereign Grand Lodge may from time to time require, for the convenience and com- fort of the members; and for his services he shall receive such compensation as the Sovereign Grand Lodge shall determine. ARTICLE IX. Section 1.— Grand Representatives. Grand Representa- tives shall be chosen by the several State, District and Terri- torial Grand Lodges and Grand Encampments, for the term of two years, and shall be divided into two classes, whose seats shall be vacated annually by rotation. And if vacancies occur by death, resignation or otherwise, during the recess of the Grand Lodge or Grand Encampment of any State, District or Territory, such vacancies shall be filled in the manner pointed out by the Constitution of such State, District or Territorial Grand Lodge or Grand Encampment. Sec. 2.— Apportionment of Grand Representatives. Grand Representatives shall be api)ortioned as follows, viz: To every State, District or Territorial Grand Lodge or Grand Encamp- ment having under its jurisdiction one thousand or less mem- bers in good standing, one Grand Representative; to every State, District or Territorial Grand Lodge or Grand Encamp- ment having under its jurisdiction over one thousand members in good standing, two Grand Representatives; and no State, District or Territorial Grand Lodge or Grand Encampment shall have over two, Grand Representatives. Sec. 8.— Qualifications of Grand Representatives. A Grand Representative must be a Past Grand in good standing, and a member of a Lodge in good standing. He mu«t have 10 CONSTITUTION OF THE SOVEREIGN GRAND LODGE. received the Royal Purple Degree; be a member in good stand- ing of an Encampment in good standing; and he must reside in the State, District or Territory in which the Grand Lodge or Grand Encampment which he represents is located. No Representative shall represent more than one Grand Body at the same time. Sec* 4.— To be furnished certiflcate. Grand Represen- tatives shall be furnished by the Grand Bodies which they represent with such certificates as shall be required by law\ Sec. 5. — Contested elections. In case of contested elec- tion, this Sovereign Grand Lodge shall determine to whom the contested seat belongs. ARTICLE X. Rig-htS of Past Grand Sire. Past Grand Sires shall be admitted to seats in this Grand Lodge, with the power of debating and making motions, but shall not have the privilege of voting unless they be Grand Representatives. ARTICLE XL Section L— Impeachment of officers and members. This Grand Lodge shall have the power, a majority consenting thereto, to impeach and try any of its officers or members, and with the concurrence of two-thirds of the votes cast, to expel from office or membership therein, any officer or member so impeached and convicted; provided, that a copy of the charges preferred shall have been furnished to the accused at least three days before trial. Sec. 2.— Suspended during* trial. During the trial of any impeachment, the officer or member under impeachment shall be debarred the exercise of his office or the privilege of his membership, but he may be heard in his own defense. Sec. 3. — Suspension— Expulsion. Suspension or expul- sion from the Subordinate Lodge or Encampment to which an officer or member of this Grand Lodge belongs shall operate as a suspension or expulsion from office or membership in this Sovereign Grand Lodge, and the vacancy thereby created shall be filled in the manner hereinbefore prescribed. CONSTITUTION OF THE SOVEREIGN GRAND LODGE. 11 ARTICLE XII. " Sessions of Sovereig*!! Grand Lodge. This Grand Lodge shall meet annually, on the third Monday of September, at 9 o'clock A. M., at such place as the Sovereign Grand Lodge shall, from time to time, determine. It may also meet on its own adjournments. It may also meet specially on the call of the Grand Sire, of which the Grand Sire shall cause thi-ee months' notice to be given to the representatives of the several State, District or Territorial Grand Lodges and Grand Encampments, communicating to them the purpose for which the special meeting is called; and in no case shall any business be trans- acted at a special meeting unless notice thereof has been given as above stated; provided, that if it shall be impracticable, from the prevalence of contagious disease, or any other cause, for the annual session to be held at the place designated there- for, the Sovereign Grand Lodge shall have the power to deter- mine at what date or place said session shall be held; or, if the Sovereign Grand Lodge be not in session when such emer- gency occurs, such power maj^ be exercised by the Grand Sire. ARTICLE XIII. Section 1.— Quorum of Representatives. Representa- tives from a majority of the whole number of State, District and Territorial Grand Bodies shall be necessary to form a quorum for the transaction of business; but a smaller number may adjourn from day to day, and may receive and act upon the credentials of new members, except in contested elections. Sec. 2.— Judge of qualifications and election. This Grand Lodge shall be the judge of the certificates or returns and qualifications of its members. Sec. 3.— Rules of Order. It may determine the rules of its proceedings, and from time to time, adopt such rules of order as it may see fit. Sec. 4.— Journal published. A journal of its proceedings shall be kept and puljlished annually, excej)t such proceedings as are had in secret session. Sec. 5.— How votes talcen. Voting for officers shall he by ballot. All other voting shall be viva voce, or by yeas and 12 CONSTITUTION OF THE SOVEEEIGN GEAND LODGE. nays, as the Sovereign Grand Lodge may determine. The yeas and nays may be demanded by one-fifth of the representatives present, and shall be entered upon the journal. Sec. 6.— Questions, how decided. All questions shall be decided by a majority vote, except in such cases as a specific majority is required. ARTICLE XIV. Revenue of the Grand Lodg-e. The revenue of the Sov- ereign Grand Lodge shall be as follows, viz: 1. Fees for charters of Grand Lodges or Encampments, or Subordinate Lodges or Encampments, working under its imme- diate jurisdiction, thirty dollars. 2. Dues from State, District or Territorial Grand Lodges and Encampments, seventy-five dollars per annum for each vote they shall be entitled to in this Grand Lodge. 3. Dues from Subordinate Lodges or Encampments work- ing under the immediate jurisdiction of this Grand Lodge, five per cent, on their receipts. ^ 4. Proceeds of the sales of books, cards, diplomas, odes and certificates. ARTICLE XV. Section 1.— Qualifications for office. To be an officer of this Sovereign Grand Lodge, one nominated must have received the Grand Lodge and Grand Encampment degrees, and be a member in good standing of a Subordinate Lodge and Encamp- ment in good standing. Sec. 2.— Nomination and election. The nomination and election of officers shall take place on the same day, to wit: the second day of the communication at which officers are to be elected. The nominations for each office shall be immediately succeeded by the election for the same, and before the nomina- tions and election for the next office. ARTICLE XVI. Section 1.— Members, how to visit. The members of the Order from each State, District or Territory under the juris- CONSTITUTION OF THE SOVEREIGN GRAND LODGE. 13 diction of this Sovereign Grand Lodge shall be entitled to admission into the Lodges or Encampments of every other State, District or Territory, upon proving themselves according to the established work of the Order and the production of a proper card. Sec. 2.— Qualifications for membership. No person shall be entitled to admission to the Order except free white males of good moral character, who have arrived at the age of twenty-one years, and who believe in a Supreme Being, the Creator and Preserver of the Universe; 'provided^ however^ that in Australia, New Zealand, and other countries not on the con- tinent of North America, in which the Order has been or may hereafter be established, and a Grand Lodge or Grand Lodges formed, the qualification as to age shall be left to local legisla- tion. Sec. 3.— Admitted in another State only by consent. No citizen of one State, District or Territory wherein Lodges or Encampments are established shall be admitted to membership in a Lodge or Encampment of another State, District or Terri- tory, without the previous consent of the Grand Lodge or Grand Encampment, or Grand Master or Grand Patriarch of the State, District or Territory whereof such citizen is a resident. Sec. 4.— Admission of suspended or expelled members. A member of the Order suspended or expelled from a Lodge or Encampment in any jurisdiction or sovereignty, shall not be admitted to membership in a Lodge or Encampment in another jurisdiction or sovereignty without the previously obtained con- sent of the Lodge or Encampment from which he is suspended or expelled; provided, however, that members suspended or dropped for the non-payment of dues only may be admitted to membership in another jurisdiction or sovereignty upon such conditions, and under such rules and regulations as this Grand Lodge may have prescribed, or may at any time adopt. Sec. 5.- -Saloon-keepers, &c., not admitted. No saloon- keeper, bartender or ])rofessional gambler shall be eligible to membership in this Order. 14 CONSTITUTION OF THE SOVEEEIGN GRAND LODGE. ARTICLE XVII. Compensation of officers and members. The officers and Grand Representatives (except such officers as receive stated salaries) shall receive a compensation for their services, to be fixed by law and paid out of the treasury of the Sovereign Grand Lodge; provided that this Grand Lodge shall not allow a compensation (except such per diem as it may think proper) to any Grand Representative coming from a jurisdiction beyond the limits of the North American Continent. ARTICLE XVIII. Special Grand Representative. With the previous con- sent and approval, from time to time expressed, of this Grand Lodge, the Grand Sire may accredit any officer or member of this Sovereign Grand Lodge as a special Grand Representative near the Grand Lodge of any sovereign jurisdiction in Odd Fellowship recognized by this Grand Lodge; and in such case the necessary expenses of such special Grand Representative's visit shall be defrayed from the treasury of this Grand Lodge. And any officer or member of any such foreign Grand Lodge who may be duly accredited from the same as a special Grand Representative near this Grand Lodge, shall be admitted to a seat on the floor of this Grand Lodge, and shall have a delib- erative voice, but not a vote, in the proceedings thereof. ARTICLE XIX. By-Laws and Amendment to. By-Laws in conformity with this Constitution may be made, which shall not be altered or amended unless such amendment be proposed at a stated annual communication, and acted upon at the same session, but not on the day on which it ^s offered, and adopted by two- thirds of the votes given. ARTICLE XX. Constitution the supreme law. This Constitution, and the By-Laws which shall be made in pursuance thereof, shall be the supreme law of the Order, and be binding upon the State, District and Territorial Grand Lodges and Grand Encampments under the jurisdiction of this Grand Lodge. CONSTITUTION OF THE SOVEREIGN GRAND LODGE. 15 ARTICLE XXI. Constitution, how amended. This Constitution shall not be altered or amended except by a proposition therefor made in writing, at a regular annual communication, by one or more representatives from three different States, which shall be entered on the journal and lie over until the next regular annual communication. At the next regular annual commu- nication after being offered, such proposed alteration or amend- ment may be considered, and if agreed to by a vote of three- fourths of the members present, on a call of the yeas and nays, such proposed alteration or amendment shall become a part of this Constitution. 16 BY-LAWS OF THE SOYEREKiN GRAND LODGE. BY=LAWS OF THE Sovereign Grand Lodge, I. O. O. F ARTICLE I. Petition for a Subordinate Lodg^e. Upon the petition of five brothers of the Order, of the Degree of Truth, praying for a charter to institute a Subordinate Lodge in a State, District or Territory where a Grand Lodge has not been established, this Lodge may grant the same. Each Subordinate Lodge receiving a warrant from the Sovereign Grand Lodge of the Independent Order of Odd Fellows shall be instituted by a Past Grand of the Order, regularly deputed therefor by the Grand Sire, who shall deliver to such Lodge the warrant and charge-books, and shall, at the institution thereof, give all necessary instruction. Such Lodge shall be visited at least once a year by the Grand Sire, or some Past Grand deputized by him for that purpose, or by a District Deputy Grand Sire. ARTICLE IL Petition for a Subordinate Encampment. Upon the pe- tition of five Royal Purple members of the Order, in good standing, praying for a warrant to institute an Encampment in a State, District or Territory where a Grand Encampment has not been established, this Grand Lodge ir.ay grant the same. Every Encampment receiving a warrant from this ' Gfand Lodge shall be instituted by the Grand Sire, or a quali- fied Patriarch, who shall deliver to such Encampment the warrant and charge-books, and such instructions as may be necessary. Such Encampment shall be visited at least once a year by the Grand Sire, or by some Patriarch deputized by him for that purpose, or by the District Deputy Grand Sire. BY-LAWS OF THE SOVEKEIGN GKAND LODGE. 17 ARTICLE III. Subordinates under Sovereign Grand Lodg^e to report annually. Subordinate Lodges and Encampments working under the immediate jurisdiction of this Grand Lodge shall transmit to the Grand Secretary, annually, reports containing the same information as is required from Grand Lodges and Grand Encampments by Article X of these laws. The report shall be accompanied by the dues in current money. ARTICLE IV. Ten Lodges and five Encampments may petition. Ten or more Subordinate Lodges, or five or more Encampments, located in any State, District or Territory where a Grand Lodge or Grand Encampment has not been established, having seven Past Grands or Past Chief Patriarchs, in good standing, may petition the Sovereign Grand Lodge of the Independent Order of Odd Fellows, in writing, praying for the charter of a Grand Lodge or Grand Encampment in such State, District or Terri- tory; which, if approved of by a majority of the votes given, shall be granted; and such Grand Lodge or Grand Encamp- ment shall be instituted by the Grand Sire, or some qualified brother or Patriarch whom he shall deputize for that purpose. provided: that nothing contained in this article shall operate to prevent the Grand Lodge from entertaining and granting, or instructing the Grand Sire to grant in the recess, the applica- tion for a Grand Charter to any less number of Lodges or Encampments who may regularly petition therefor, and accompany the petition with reasons which shall be deemed satisfactory for such grant, by two-thirds of the members of the Grand Lodge at any regular session. ARTICLE V. Petition for a Charter. All ai)plications for Charters of Grand Lodges or Grand Encampments must be by a vote of a majority of the Lodges or Encampments within the State, District or Territory, as follows: When ten or more Lodges, or five or more Encampments shall agree in the opinion that a Grand Lodge or Grand Encampment will contribute to the general interest, notice thereof shall be given to all the Lodges 1& BYLAWS OF THE SOVEREIGN GRAND LODGE or Encampments in the State, District or Territory, inviting them to meet for consultation at some convenient time and place. Each Lodge or Encampment shall appoint one or more of its Past Grands or Past Chief Patriarchs, or Past High Priests, as representatives?, to meet in convention to consider the propriety of applying for a Grand Charter, as well as to determine upon the place for the location of the Grand Lodge or Grand Encampment (both of which shall be decided by a majority vote of the Lodges or Encampments represented). Should any Lodge or Encampment neglect or refuse to send a representative, or should the representative, from accident or other cause, fail to attend, it shall not operate to defeat the proceedings of such as may assemble. Each Subordinate Lodge or Encampment shall furnish to its representative a statement, under the seal of the Lodge or Encampment, of the number of Past Grands or Past Chief Patriarchs in good standing belonging to it. At the meeting of these representatives, the vote shall be by Lodges or Encamp- ments, and the application shall be in the following form, to- wit: To the Sovereign Grand Lodge of the Independent Order of Odd Fellows-. The petition of Lodge (or Encampment) No. 1 No. 2 No. 3, of respectfully represents that at present they work under warrants granted by your Body; that at present they have . Past Grands (or Past Chief Patriarchs) in good standing. They are of opinion that it would be of advantage to the Order to establish a Grand Lodge (or Grand Encampment). ARTICLE VL Expenses to be borne by the Subordinate. All trav- eling and other expenses of the Grand Sire, or of the Past Grand or Patriarch deputed by him to institute a Grand or Subordinate Lodge or Encampment, shall be paid by such Lodge or Encampment. ARTICLE VII. Fee to accompany the petition. Applications for Grand or Subordinate Lodges or Encampments must be accompanied by the fee for the same, which shall be returned if the charter is not granted. BY-LAWS OF THE SOVEREIGN GRAND LODGE. 19 ARTICLE VIII. All Lodges to have seals. Each Grand Lodge and Grand Encampment shall have a Grand seal, an impression whereof in wax shall be sent to the Grand Secretary, and be deposited in the archives of the Sovereign Grand Lodge of the Indepen- dent Order of Odd Fellows. ARTICLE IX. Constitutions to be approved. The Constitution or amendments of each Grand Lodge or Encampment heretofore or hereafter chartered by this Grand Lodge, immediately on its or their adoption, shall be forwarded to this Grand Lodge for its or their approval, if it shall be then in session; but if not then in session, then to the Grand Sire, who, during such recess shall be fully authorized to act on, approve or reject such Constitution or amendments in the same manner as this Grand Lodge could, were it in session, subject to the subsequent final approval of this Grand Lodge. ARTICLE X. Annual reports to be made. Annual returns shall be made by each State, District or Territorial Grand Body, in which shall be embraced the names of the Grand Master and Grand Secretary, or Grand Patriarch and Grand Scribe, the time and place of the next annual session, the number of Sub- ordinates under its jurisdiction, and the aggregate membership in good standing in the same, as well as the aggregate number of initiations, reinstatements, admissions by cards, withdrawals by cards, expulsions and deaths, and the number suspended or dropped; the number of brothers relieved, and the amount of such relief; the number of weeks' sick-benefits paid; the num- ber of widowed families relieved, and the amount of relief; the amount paid for Inirying the dead; the amount paid for relief and education of orphans; amount paid for special relief; amount paid for total relief; the amount paid for the working or current expenses of Subordinates; the amount paid for expenses of the Grand Body; receipts from dues; receipts from admissions and degrees; receipts from rents and from invested funds, and total receipts. Forms of these reports shall be fur- 20 BY-LAWS OF THE SOVEREIGN GRAND LODGE. nished by this Grand Lodge. Said returns shall be made to the Grand Secretary on or before the first day of April, and shall be accompanied with the dues thereon in current money, at par in the city of Baltimore, Maryland. ARTICLE XL No Subordinate in arrears allowed to vote. No Grand Lodge or Grand Encampment which shall fail or neglect to make its returns to the Grand Secretary on or before the first day of June, which shall be in arrears for money due to this Grand Lodge, shall be allowed to vote by its Representative or Representatives; and no Representative shall be entitled to more than one vote in election for Grand officers. ARTICLE XIL Membership in only one Lodg-e at a time. No person shall at the same time hold membership in more than one Grand and Subordinate Lodge, and one Grand and Subordi- nate Encampment, nor shall any Lodge or Encampment confer degrees upon any member of another Lodge or Encampment without the consent of the Lodge or Encampment to which the member belongs, given under its seal. ARTICLE XIII. Org^anization of new Grand Bodies. When a Grand Lodge or Grand Encampment shall have been duly chartered in any State, District or Territory, all the Lodges and Encamp- ments in said State, District or Territory working under the jurisdiction of the Sovereign Grand Lodge of the Independent Order of Odd Fellows, shall thereafter be declared subordinate to, and under the jurisdiction of, the Grand Lodge or Grand Encampment of the State, District or Territory in which they are located; -and no Lodge or Encampment situated in one State, District or Territory can be made subordinate to the Grand Lodge or Grand Encampment of another State, District or Territory; provided, however, that any Subordinate Lodge or Encampment, working under the immediate jurisdiction of the Sovereign Grand Lodge of the Independent Order of Odd Fellows in any State, District or Territory, may, at its own request, be made subordinate to any contiguous State Grand Lodge or Grand Encampment. BY-LAWS OF THE SOVEREIGN GRAND LODGE. 21 ARTICLE XIV. Visiting".— Deposit of Card. No brother can be admitted to visit or deposit his card in a Lodge or Encampment out of the State, District or Territory where he resides, unless he presents a card as furnished under the signatures of the proper officers and seal of the Lodge or Encampment of which he is a member, and signed on the margin in his own proper hand- writing, and prove himself in the Annual Traveling Password, and in the degree in which the Lodge is open; provided, neverthe- less, a brother may always visit, if introduced by a Grand Repre- sentative, or any elective officer of the Grand Lodge or Grand Encampment within whose jurisdiction he wishes to visit, or by a District Deputy Grand Sire, in jurisdictions where no Grand Body exists. Grand Representatives of either branch being hereby authorized to introduce visiting brothers into both Subordinate Lodges and Encampments in their peveral juris- dictions; but in all such cases the presiding officer of the same shall be satisfied that the brother introducing such a visitor is a Grand Representative of the jurisdiction to which said Lodge or Encampment belongs. And provided, further, that the holder of a Dismissal Certificate regularly issued by a Lodge or Encampment may deposit the sapie in any other Lodge or Encampment, as the case may be, under such rules and upon such conditions as the jurisdiction in which it is offered for deposit, may prescribe; but he shall not be required to be in possession of the Annual Traveling Password, nor can he visit a Lodge or Encampment by virtue of such certificate. ARTICLE XV. Appointment and duties of District Deputy Grand Sires. At each annual session the Grand Sire shall appoint in each State, District or Territory in which there is not a Grand Lodge or Grand Encampment, one or more officers to be styled District Deputy Grand Sires, whose duty it shall be to act as the special agents of this Grand Lodge in relation to the matter herein specified, namely: 1. To act for the Grand Sire, and by his direction to per- form whatever may have been ordered to be done by the Sovereign (J rand Lo^*here it left off on the preceding, except that the reading and approval of minutes, and reception, reference, and reports on credentials of members, shall be the first busi- ness in order on each day, and that the nomination and election of officers shall immediately follow them on the third day of the session. 52 RULES OF ORDEK OF GRAND LODGE OF CALIFORNIA. 28. TJie vote on a motion to close the session shall not be taken until the day succeeding that at which it shall be offered, and shall be in this form: "That when the Grand Lodge adjourns this day, this annual session shall stand adjourned sine dieJ^ 29. On the last day of the session, the officers shall be installed, and committees appointed, before it shall be declared closed. The minutes of the last day of the session shall be approved by the Standing Committee. II. OF DECORUM. During the continuance of the meeting, the most decorous silence must be observed, the officers and members retaining their respective seats, and no one leaving the room without the permission of the Grand Master, nor entering without the con- sent of the Grand Warden. No member shall, by conversation or otherwise, interrupt the business of the Grand Lodge, or refuse to obey the Chair. Every officer and member shall be designated in debate, or otherwise, by his proper office or title, according to his standing in the Order. No member shall be permitted to vote or speak, unless clothed in regalia appropriate to his rank and station. in. OF THE CHAIR. The Grand Master, while presiding, shall state every ques- tion coming before the Grand Lodge, and immediately before putting it to vote shall ask: " Is the Grand Lodge ready for the question? " Should no member rise to speak, and a majority indicate their readiness, he shall rise to take the question; and after he has risen, no member shall be permitted to speak upon it. He shall pronounce the votes and decisions of the Grand Lodge on all subjects. His decisions on questions of order shall be without debate, unless, entertaining doubts on the point, he invite it; and he shall have the privilege of speaking only on such questions from the chair. When his decision has been appealed from, the question shall be put thus: " Will the Grand Lodge sustain the Chair in its decision? " RULES OF ORDER OF GRAND LODGE OF CALIFORNIA. 53 IV. OF DEBATE. Every member, when he speaks or offers a motion, shall rise and respectfully address the Chair. While speaking, he shall confine himself to the question under debate, avoiding all personality and indecorous language, as well as any reflection upon the Grand Lodge or its members. Should two or more members rise to speak at the same time, the Chair shall decide which shall be entitled to the floor. No member shall disturb another in his speech unless to call him to order for words spoken. If a member while speaking shall be called to order, at the request of the Chair he shall cease speaking, and take his seat until the question of order is determined, when, if permitted, he may again proceed. No member shall speak more than once on the same ques- tion until all members wishing to speak shall have had an opportunity to do so, nor more than twice without permission of the Chair; but no member shall have the privilege of speak- ing more than once on a question of order after appeal from the decision of the Chair. V. OF QUESTIONS AND VOTES. When any communication, petition or memorial is pre- sented, before it is read or any vote taken on it, a brief state- ment of its contents shall be made by the introducer or the Chair; and after it has been read, a brief notice of the purport shall be entered on the journal. No motion shall be subject to action until seconded, and stated by the Chair, and, at the desire of any member, shall be reduced to writing. When a blank is to be filled, the question shall be taken first upon the highest sum or number and the longest or latest time proposed. Any member may call for a division of a question when the sense will admit of it. 54 RULES OF ORDER OF GRAND LODGE OF CALIFORNIA. When a question is before the Grand Lodge, no motion shall be received, unless to adjourn, the previous question, to lie on the table, to postpone indefinitely, to postpone to a certain time, to refer or to amend, and shall have precedence in the order herein arranged, the first three of which shall be decided without debate. After any question except one of indefinite postponement has been decided, any two members who voted in the majority may, during the same communication, move for a reconsidera- tion thereof. The previous question can be called for by two members, and, if seconded by a majority, shall be put in this form: " Shall the main question be now put?" If carried, all debate shall cease, and the vote shall be taken on all pending motions in their proper order. When five members rise in favor of taking the question by ayes and nays, they shall be ordered to be so recorded. Every member present shall vote on any question before the Grand Lodge, unless he is personally interested in the result or has been excused by the Grand Lodge, or is otherwise incapacitated. No more than two amendments to a proposition shall be entertained at the same time — that is, an amendment and an amendment to an amendment — and the question shall be first taken on the latter. When the ayes and nays are ordered, the names of the rep- resentatives shall be called by Lodges. OTHER RULES AND DECISIONS — OF THE — Grand Lodge of the State of California 1. Rig'ht to vote. Past Grands not representatives have no right to vote upon a question before the Grand Lodge; that right is confined to those whose credentials as Representatives are reported correct by the Committee on Credentials. — 1859 Journal, 441. 2. Ayes and noes. On the call for the ayes and noes, the Representatives present are entitled to but one vote each. — 1860 Journal, 38. 3. Votes by Lodges, and ayes and noes, and vote of absentees. Resolved, That on a call for ayes and noes, and the majority of Representatives of a Lodge present cast the votes of the absent Representatives of the Lodge, the names of the absentees shall not be recorded as voting, but only the number of votes cast for absentees. — 1871 Journal, 479. 4. Vote by Lodg^es— Vote of absentees. A majority of Representatives present from a Lodge are permitted to cast the vote of absentees when the vote is taken by Lodges, and if there is but one Representative present from a Lodge, he can cast the full vote of his Lodge. —1860 Journal, 68; 1861 Jour- nal, 171. 5. Ayes and noes, and motion. A motion to permit a Representative to address the Grand Lodge on the subject then pending is not in order when the ayes and noes are called. — 1863 Journal, 423. 6. Ayes and noes. When the ayes and noes are called, no motion is in order. — 1863 Journal, 423. 7. Appeal. On an appeal from the decision of the Chair (the Grand Master) the question is debatable. — 1856 Journal, 187. 56 OTHEK EULES AND DECISIONS OF THE GRAND LODGE. 8. Resolution laid on the table. All resolutions laid on the table, and not acted upon before the close of the session of the Grand Lodge at which they were presented, expire with the session, and would have to be renewed at any subsequent session before any action could be had thereon. — 1864 Journal, 661, 562. 9. Substitute accepted. After a substitute has been accepted by the Grand Lodge, in place of the report of a com- mittee, further action on the report would be out of order with- out first reconsidering the vote by which the substitute was adopted.— 1861 Journal, 202. 10. Substitute adopted. When a substitute is adopted in place of an amendment, it is not necessary to take action on the amendment. — 1862 Journal, 287. 11. Motion. A motion that the Representatives from a particular place be excused from voting on certain resolutions selecting a place for the next session of the Grand Lodge, is not in order.— 1866 Journal, 208. 12. Members of committees. Members of a committee in the Grand Lodge, appointed at one session, cannot serve at the next subsequent session unless they are Representatives. — 1860 Journal, 33. 13. By whom business of Grand Lodg-e transacted— Work of a regular committee. The Constitution of the Grand Lodge prescribes that the business of the Grand Lodge shall be transacted by the elective officers and the Representa- tives; and the work of a regular committee is part of the busi- ness thereof. — 1869 Journal, 117. 14. Representative— Committee— Past Grand. A Rep- resentative who is appointed by the Grand Master, previous to the close of the session of the Grand Lodge, as a member of a regular committee, and serves on said committee during the recess, and at the next session of the Grand Lodge attends the session, but is not returned by his Lodge as a representative, cannot serve on such committee.--1869 Journal, 113, 117. OTHER RULES AND DECISIONS OF THE GRAND LODGE. 57 15. Reg-ular Committee. A Past Grand not a Repre- sentative cannot be appointed or act on a regular committee of the Grand Lodge.— 1869 Journal, 114, 117. 16. Appointed Office. The Grand Master may appoint a Past Grand not a representative to an appointed office. — 1869 Journal, 114, 117. 17. Propositions in Duplicate. All propositions offered for reference to standing or select committees at the present and all future sessions of the Grand Lodge, to be submitted in duplicate, and on paper equal in size to at least half a page of foolscap. — 1861 Journal, 157, 158. 18. Finance Committee. The majority of the Finance Committee in the Grand Lodge must be residents of the same place as the Grand Secretary. — 1860 Journal, 82. 19. Appropriations of Money by Grand Lodge— Fi- nance Committee's report. Resolved, that no appropriation of any money shall be made by this Grand Lodge for any other purpose than the just and legitimate claims against this Grand Lodge, after the report of the Finance Committee shall have been made and adopted. — 1855 Journal, 152. 20. Committee on Laws of Subordinates. The pro- priety of a majority of the Committee on Laws of Subordinates being residents of the same place as the Grand Secretary suggested in a report and the report adopted. — 1858 Journal, 385. 21. Questions. All questions relating to the State of the Order shall be submitted in writing and in duplicate to the Grand Secretary, and by him placed in the hands of the Com- mittee on the State of the Order for their action. — 1864 Journal, 519. 22. Questions. All questions of usage and law, pro- pounded lo the Grand Lodge, to be referred to the proper com- mittee without being entered upon the Journal, unless other- wise ordered by the Grand Lodge. — 1859 Journal, 497. 23. Questions. All questions presented in the Grand Lodge involving explanations of laws of this Grand Lodge, to 58 OTHEK RULES AND DECISIONS OF THE GRAND LODGE. be immediately referred to the Committee on the State of the Order, with instructions to report on those only they deem of sufficient importance. 1861 Journal, 169. 24. Questions. In every instance where a question, local or special i^ its character, is presented for the consideration of the Committee on the State of the Order, such question shall be accompanied with a copy of the By-Laws of the Lodge in which the subject originated. Adopted as a general rule. — 1867 Journal, 361. 25. Abstract Questions. Abstract questions upon hypo- thetical propositions, when propounded by a member or a Lodge without a case in fact, shall not be answered in an oflS- cial manner by the Grand Master, or any of his District Depu- ties. All such~questions shall be presented to the Grand Lodge at its annual session, and shall be referred to an appropriate committee, under the rule. — 1869 Journal, 89, 115. 26. Hypothetical Questions. This Grand Lodge will not, in the future, through its Committee on the State of the Order, answer mere hypothetical questions, that every question to be referred to said Committee shall be framed to meet a par- ticular case, and shall be accompanied by a full statement of the facts of the case, certified under the seal of the Lodge sub- mitting the case, and in which it arose; that a question so submitted and so certified may be forwarded to the Grand Secretary at any time, and shall be by him handed over to the Committee on the State of the Order, who shall report their decision thereon to this Grand Lodge at the first opportunity thereafter.— 1875 Journal, 298. 27. Officer's rig-ht to vote. Officers of the Grand Lodge who are by the Constitution entitled to, and as such do, vote in^ the Grand Lodge, cannot also vote as Representatives. — 1860 Journal, 68. 28. Two-thirds vote. Whenever the sentence '' by a two- thirds vote" occurs in the Constitution of the Grand Lodge, it means two-thirds of all the members present entitled to vote. — 1855 Journal, 155. OTHER RULES AND DECISIONS OF THE GRAND LODGE. 59 29. Petition received and pef erred. The reception and reference of a petition to a committee of the Grand Lodge does not set aside the formal action of the Grand Lodge had upon the subject matter of said petition. — 1872 Journal, 577, 666,684. 30. Election, The Grand Lodge will hereafter ignore the practice of electing as a matter of course the Deputy Grand Master to the office of Grand Master, and the Grand Warden to the office of Deputy Grand Master, and will elect officers without regard to their previous service in office. — 1870 Journal, 262. 31. Nomination, Members are required to obtain the consent of those whose names they place in nomination for office in the Grand Lodge. — 1863 Journal, 440. 32. Nominees for Grand Representatives, That every member of the Grand Lodge who shall hereafter be proposed as a candidate for the office of Grand Representative is required to state, upon his honor, whether or not he intends (if elected to the office) to return on or before the first day of January next succeeding his election. — 1859 Journal, 502, 510, 531. 33. Amendments to Constitution, All proposed amend- ments to the Constitution of Subordinates must contain the section or sections which it is proposed to amend, written out in full as proposed to be amended.— 1862 Journal, 293. ^Siyr^jh^'}^ DIGEST. ADJOURNMENT. 1. Lodge must be closed in form. After the adoption of a motion of adjournment, the Lodge must be closed in form. 1860 Journal, 71. 2. Cannot adjourn over for two weeks. Lodges have no right, by a simple motion, to adjourn over for two weeks, no previous action suspending their By-Laws having taken place; but should such a case occur, and there should be a quorum present on a regular lodge-night, presided over by a Past Grand or Past Vice-Grand, it would be a legal Lodge-meeting, and the minutes of said meeting must be entered on the Lodge record. 1861 Journal, 188, 189. 3. Motion to adjourn sine die. Where the By-Laws pro- vide that the Lodge shall meet on a certain day every week, a motion to adjourn sine die may be entertained, as that motion simply means to adjourn without fixing any date, and if the motion should be carried, the next meeting of the Lodge will be at the time fixed in the By-Laws. — 1884 Journal, 19, 116, 153. Note.— A Lodge cannot hold ad- day or time is never in order.— 1852, jourued meetings, but must close its 1848, 1871 S. G. L. Journal, 1846, weekly meetings in due form. A mo- 1886, 1949, 1236, 5177, 5221. tion to adjourn a Lodge to another 4. Motion to adjourn always in order. A motion to adjourn is always in order at any stage of the proceedings of the Lodge, and should the motion prevail, the Lodge must then proceed to close in regular form. — 1889 Journal, 34, 122, 163. ADMISSION TO ONE'S OWN LODGE. 5. A brother's right. The Noble Grand may admit a member of his own Lodge who is not entitled to the semi-annual pass-word on account of non-payment of dues, until he ceases 62 ADMISSION TO ONE'S OWN LODGE. to be a member. A brother has a right to be admitted to his own Lodge until his membership ceases, although not entitled to term pass-word or to vote or in arrears for weekly or funeral dues. — 1862 Journal, 307; Porter vs. Magnolia Lodge, 1864 Journal, 482, 521, 522; 1877, 1890 S. G. L. Journal, 7505, 11900, 12217, 12281. 6. During" reading" of minutes. A brother in good stand- ing cannot be kept out of his Grand or Subordinate Lodge, while the minutes of the preceding meeting are being read, if he desires to enter, and can work his way into the Lodge. — 1875 S. G. L. Journal, 6350, 6619, 6692. 7. Brother under reprimand. A brother sentenced to a reprimand cannot visit his Lodge at a regular meeting until he appears for the purpose of receiving his reprimand. — 1893 Journal, 432, 434. 8. An initiate. An initiate is entitled to admission into his Lodge when opened in the Initiatory Degree. — 1882 S. G, L. Journal, 8992, 9087. 9. Appeal while under suspension. A brother under suspension has no right to sit in the Lodge during the pen- dency of his appeal. — Bay View Lodge vs. Turner, 1870 Journal, •256, 282. 10. Pendency of charges. A member has a right dur- ing the pending of charges to sit in the Lodge. — 1858 Journal, 394, 395. 11. Election of officers or representatives. Neither the Noble Grand nor the Lodge has a right to refuse to admit Isrothers during an election of officers or representatives.— 1897 Journal, 809, 1030, 1054. (See Recess.) ANCIENT ODD FELLOWS. 12. Defined. An Ancient Odd Fellow is one who has been regularly initiated into the Order and retired therefrom in good standing, either by taking his permanent or Withdrawal Card, or by resignation. If done by resignation he at once becomes ANCIENT ODD FELLOW 63 an Ancient Odd Fellow, and if by card, at the expiration of one year from its date. The holder of a Dismissal Certificate is not.— 1859 Journal, 472; 1858-1890 S. G. L. Journal, 2859, 2925, 2963, 11893, 12253, 12299. Note. — A member of a defnnct Subordinate can obtain a card from the Grand Secretary or Grand Lodge of the jurisdiction wherein the defunct Lodge was located, which cai-d— acting as an expired Withdrawal Card— will enable him to join another Subordi- nate Lodge as an "Ancient Odd Fel- low "—(1890 S. G. L. Journal, 11898, 12229, 12284). An Ancient Odd Fellow having satisfactorily establish- ed his claim as such, and having proved himst-lf iuthe initiatory work, is not required to be reinitiated. His rank in the Lodge to which he may be admitted, will be determined by the Lodge upon the report of the committee appointed to make the necessary examination — (1864 S. G. L. Journal, 3621, 3688, 3707). A brother having withdrawn from the Order by a written resignation, in order to Ije readmitted as an Ancient Odd Fellow, must first pass a satis- factory examination in the work; should he fail, he can be readmitted only by initiation— (1853 S. G. L. 13. Grand Lodg-e Card. A Grand Lodge Card makes a brother eligible to join a Lodge as" an Ancient Odd Fellow, without regard to the time the card has been issued. — 1893 Journal, 277, 391, 421. 14. Holder of Withdrawal Card out of date. A brother holding a Withdrawal Card which ha^ run out of date may be recognized as an Ancient Odd Fellow, and be allowed to renew his membership by the deposit of said card in a Lodge at the place of his residence, subject to the ])ayment of such fee as the local law may require. — 1857 Journal, 249; 1888 Jour- nal, 1024, nil, 1130; 1852, 1856 S. G. L. Journal, 1841, 1898, 1952, 2560, 2628, 2664. Journal, 1992, 2115, 2170; 1857 S. G. L. Journal, 2737, 2773). Should the brother's card be lost or destroj'- ed, he may be re admitted as an Ancient Odd Fellow on satisfactory proof. If he cannot satisfactorilj'- establish his claim he can be admitted only by initiation, and in such case he must set forth in his petition that he has never been suspended or ex- pelled from any Lodge, and that he is unable to obtain evidence of his former connection with the Order— {1852S. G. L. Journal, 1921, 1956). A brother should be in possession of the Annual Traveling Password when depositing a Withdrawal Card in a Lodge, in order to acquire member- ship therein. Should he fail to re- member the word or should the offi- cers have neglected to impart it to him, or should the card be an expired one, the brother may be admitted to membership as an Ancient Odd Fel- low— (1861 S. G. L. Journal, 33.36, 3353; 1862 S. G. L. Journal, .3479). 64 ANNIVERSARY OF THE ORDER. 15. How admitted— Must answer certain questions. All Ancient Odd Fellows, whether by card or otherwise, shall, previous to admission, answer to the satisfaction of a commit- tee of three Scarlet-degree members (appointed by the Noble Grand) the same questions that are propounded to the uniniti- ate previous to his introduction into the Order, as per charge books. The senior Past Grand present, or, if no Past Grand be present, then the acting Noble Grand, shall be one of said com- mittee. They shall examine the applicant in all of the degrees of a Subordinate Lodge he claims to have attained, and report to the Lodge if correct, and shall introduce him, and he shall sign the Constitution and By-Laws of the Lodge. — 1857 Jour- nal, 266; 1885 Journal, 286, 403, 432. 16. A certain by-law not applicable to Ancient Odd Fellow. The By-Laws of a Lodge have this provision " No application shall be received from parties over fifty years of age." This does not apply to former members of the Lodge who have become Ancient Odd Fellows. — 1872 Journal, 578, 666, 684. ANNIVERSARY OF THE ORDER. 17. Twenty -sixth of April the Anniversary. The twenty-sixth of April is established as the anniversary of this Order, and all Grand Lodges and Encampments are requested to urge their subordinates to observe the day in some appro- priate manner. — 1868 Journal, 446; 1867 S. G. L. Journal, 4210, 4211. NorE.— No anniversary celebration, to appear in public in regalia on the excursion, picnic, ball, party or en- Anniversary of our Order without tertaiumentof any kind where regalia, permission of the proper local grand emblems or name of the Order may be authorities, but sufficient authority worn, assumed or used, shall be held for subordinates under the immediate without first obtaining the consent of jurisdiction of the Sovereign Grand the Senior Grand Officer in the juris- Lodge— (1877, 1888 S. G. L. Jour- diction in which it is to be held, and nal, 7376, 7473, 11104, 11368, 11.396). then only upon the direct promise If the ceremony at an anniversary that no intoxicating beverages shall celebration be conducted by a Grand be offered to members or guests pre- Lodge or Grand Encampment, or sent on the occasion— (1892 S. G. L. when the Grand Lodge, Grand En- Journal, 13067, 13156). The pro- campment and their subordinates clamation of the Grand Sire is not participate, the titles of the respective sufficient authority for subordinates officers who conduct the ceremony ANNIVERSARY OF REBEKAH DEGREE. 65 shall be such as beloug to the body con- celebration of theintrodiictiou of Odd ducting the ceremony — (18S6S.G.L. Fellowship in America, in such a Journal, 10252, 10413. 10487, lOoU. manner a3 shall tend to promulgate The expenditure of Lodge funds, for and illustrate its principles, or elevate music to accompany a parade, or as it, or dignify it in the eyes of the an attractive feature in connection community; such as hiring halls, pay- with and as a part of the prescribed ing for printing, procuring orators, ■ceremonies, is authorized, subject to etc., but not for those things which such limitations as may be made by contribute merely to the pleasure or local legislation, as a part of thelegiti- gratification of the individual mem- mate expenses incident to the celebra- ber; such as parties, balls, picnics, tion of the Anniversary of American excursions, banquets and the like,' Odd Fellowshipon April twenty-sixth, and that within these limits, the and no other day — (1894 S. G. L. question is one for the Subordinate Journal, 14050, 14' i73). A Subordi- or its immediate Grand jurisdiction— uate Lodge may expend a reasonable (1887 S. G. L, Journal, 10714, 10951, amount of its funds to defray the 11005). necessary expenses incident to the 18. Celebration may be postponed. Our anniversary should be celebrated on its appropriate day, the twenty-sixth of April. If there be any good reason why it should not be celebrated on that day the Lodge may select some other day. In case an intended celebration on the twenty-sixth of April does not take place for any good reason, such for instance as that the town wherein the Lodge is located, or the greater por- tion of it, is destroyed by fire, the Lodge may, by dispensation duly issued, postpone it to some other day; and it is lawful to use the regular anniversary ceremony at such postponed cele- bration.— 1882 Journal, 735, 84^, 879. (See Funds, Balls, Liquors, Dispensations.) ANNIVERSARY OF REBEKAH DEGREE. 18 a. The twentieth day of September the anniver- sary. It is recognized by the Sovereign Grand Lodge as the anniversary of the institution of the Degree of Rebekah, and it is to be annually celebrated and commemorated as such by proper and appropriate ceremonies. It is its natal day, it hav- ing been established on that day in the year 1851. — 1897 S. G. L. Journal, 1504O. 66 APPEALS. ANNUAL COMMUNICATIONS. 19. Annual sessions shall be held in San Francisco. The Grand Lodge shall hold regular annual communications at the City of San Francisco, to begin on the second Tuesday of May of each year, at nine o'clock a. m., and shall continue to meet, at such hours as may be agreed upon, from day to day, consec- utively (Sundays excepted), until the close of the session. — Constitution Grand Lodge, Art. II, Sec. 1; 1867 Journal, 333. Note. — Grand Lodges have the in a place other than that designated power and privilege to determine in in its Constitution; the only way is their Constitution and By-Laws where to amend that instrument — (1867 b. their sessions shall beheld— (1851 S. G. L. Journal, 4144, 4169). The G. L. Journal, 1759, 1763). When Grand Sire has no power to change the place is so fixed by constitutional the date of the sessions of a State provision or bylaw, the only manner Grand Body, the Constitution fixing of removing the Bod)' is by an alter- the date of its annual session — (1892 ation of the Constitution or By-Law S. G. L. Journal, 12788, 13050, which fixes the location in conform- 13076). The time fixed by its Con- ity to the rules laid down in its Con- stitution for the meeting of a Grand stitution for such change — (1852, Lodge must be observed. A Grand 1858, 1867 S. G. L. Journal, 1839. Master has no authority to change 1897, 1952, 2859, 2925, 2963, 4144, the time fixed by law to an earlier or 4169. The Sovereign Grand Lodge later period— (1886 S. G. L. Journal, has not the power to permit a State 10252, 10487, 10511). Grand Body to meet or hold a session 20. Social festivities not to interfere with business. The annual sessions of the Grand Lodge are for the transac- tion of business of the Order, and no invitations will be accepted to engage in social festivities during its sessions, to occur dur- ing the daytime. — 1864 Journal, 541. ANTE-ROOM. (See Charter, Liquors, Fine, Password.) APPEALS. 1. Committee on Appeals and its powers and duties, page 67. 2. Transcript or record on appeal, page 69. 3. Appellate jurisdiction — Right, time and manner of ap- peal, page 73. i APPEALS. 67 4. Rules of decision and other matters, page 81. 5. Appeals by a Lodge or General Relief Committee from a Lodge's action, page 94. 6. Appeal to the Sovereign Grand Lodge, page 96. 7. Rebekah Lodges and Assembly. (See Rebekah Branch.) 1. COMMITTEE ON APPEALS AND ITS POWERS AND DUTIES. 21. A Regular Committee. It is one of the regular com- mittees required to be appointed at each annual session from among the members present. — Constitution Grand Lodge, AH. VI, Sec. 2. 22. How appointed — Number of members and duty. The Committee on Appeals shall consist of five members, who shall be appointed by the Grand Master, by and with the approval of the Grand Lodge, whose duty it shall be to examine all appeals referred to them, and report thereon such action as may be proper in the Grand Lodge. — Constitution Grand Lodge, Art. VI, Sec. 6. 23. Duty in case papers defective or certain errors. All appeals taken from the action of the Subordinate Lodges shall as fast as they are received by the Grand Secretary, be endorsed by him, over his signature, showing the date on which such appeal was received and filed, and such endorsed appeal shall then be immediately transmitted by the Grand Secretary to the chairman of the Committee on Appeals, which Committee shall examine all papers immediately after receiving them, and if the committee shall find the papers defective in any essential particular, or if they discover any error of law in the proceed- ings by reason of which the case must be decided on other grounds than its merits, they shall certify such fact to the Grand Secretary within ninety (90) days after the said papers are received by and filed witli the Grand Secretary. The Grand Secretary shall forthwith send a copy of such certificate to appellant and respondent, and shall return the papers to the Subordinate Lodge, through which the appeal was taken, re- quiring it forthwith to correct the defects complained of, and 68 APPEALS. return the amended papers to the Grand Secretary, who shall record thereon the date they are received by him, and he shall then immediately transmit the same to the chairman of said Committee on Appeals. — Constitution Grand Lodge, Art. VI, Sec. 6. 24. To render decisions on op before April 15th of each year. It shall be the duty of the Committee on Appeals to consider all appeals submitted to them during the fiscal year of this Grand Lodge, and on or before the 15th day of April of each year they shall render a decision on all appeals so sub- mitted, and shall file with the Grand Secretary on or before said last named date, a full copy of each decision rendered. The Grand Secretary shall forthwith transmit to the respective parties, appellant and respondent, the decisions so rendered. — Constitution Grand Lodge, Art. VI, Sec. 6. 25. Appeals after close of fiscal year. If an appeal shall be presented to the Grand Secretary after the close of the fiscal year and before the next succeeding annual session, the Committee on Appeals shall have discretion to report on the same during such succeeding annual session; or the appeal may be taken up and referred to the Committee on Appeals by a two-thirds vote of this Grand Lodge. When such appeal shall be so referred, the Committee on Appeals shall report on the same at the earliest practical day of the session during which such reference is made. — Constitution Grand Lodge, Art. VI, Sec. 6. 26. Order in which Chairman and members to render opinions. Resolved that when any appeal papers shall be re- ceived by the Grand Secretary, thirty-five days prior to the regular session of the Grand Lodge, he shall immediately deliver the same to the Chairman of the Committee on Appeals, and said Chairman shall examine said appeal papers, and shall, as soon as possible, transmit the same with his opinion thereon, to the next member of said committee, who shall there- upon examine the same, and after adding his opinion thereto, shall transmit the same to the third member of said committee, and such course shall be followed until each member of said APPEALS. 69 committee shall have acted on said case, and the last member of said committee receiving such report, shall transmit the same to the Chairman thereof, at least seven days before the date of the commencement of the regular annual session. — 1889 Jour- nal, 142, 171. 27. Counsel of party not to act on committee. In case a brother has been counsel or attorney in any matter, he shall not take part with or act as a member of the Committee on Appeals in that matter. — 1889 Journal, 171. 2. TRANSCRIPT QR RECORD ON APPEAL. 28. Recording" Secretary must transmit it forthwith — Notice of appeal filed. The Secretary shall forthwith send to the Grand Secretary a certified copy of all minutes and docu- ments of the Lodge relating thereto. In cases of charges, the Secretary shall forthwith send a certified copy of the Notice of Appeal, together with a certified copy of all charges, reports, evidence, minutes, documents and proceedings of the Lodge and of the Trial Committee, relating to the case, to the Grand Secretary, to be presented to the Committee on Appeals of the Grand Lodge. — Constitution Subordinates, Art. VIII, Sec. 10. 29. Must be transmitted within four weeks— Defective papers. Resolved, That hereafter the Secretaries of Subordinate Lodges shall perfect appeals substantially in the forms pre- scribed by this Grand Lodge. The papers in each case of appeal shall be transmitted within four weeks after the appeal is taken, to the Grand Secretary, who shall forthwith forward the same to the chairman of the Committee of Appeals, who shall, at an early day, examine the case, and if the papers are found not to comply substantially with said prescribed forms, then said papers shall be returned to the Grand Secretary, with the ob- jections thereunto, and he shall at once return the same to the Lodge from which they were received for correction. — 1872 Journal, (>o4, 677. 30. Must be in English language. All appeals must l>p made out in the English language, even if the Lodge works in German. — 1863 Journal, 433. 70 APPEALS. 31. Must be printed or type-written. Resolved, That all papers composing the record or transcript on appeal in all appeal cases brought before this Grand Lodge be furnished, in a printed or type-written form, by the Subordinate Lodge from which the appeal comes. — 1894 Journal, 765. 32. Right to inspect and take copies of records, papers and proceeding's. In any and all controversies in the Order, arising or pending in this jurisdiction, in which an appeal has been, or is about to be taken, either party thereto shall have the right to inspect, and at his own expense, to take a copy of so much of the records, papers and proceedings relating thereto, as he may deem essential to his interests in the matter. And on demand in writing therefor, the Lodge having the custody of such records, shall afford ample facilities for such inspection, and for the taking of such copy, and if required, shall cause such copy to be certified under seal of the Lodge. — 1888 Journal, 1163. 33. The Same. The enactment found on page 1163 of the Journal for 1888, provides for the right of inspection of the records, papers and proceedings relating to an appeal by either party thereto, and of taking of copy thereof and of the certify- ing to the same under seal. The right under this law must be accorded to the brother. Piddington vs. Ontario Lodge. — 1896 Journal, 524, 558. 34. Lodg-e not bound to furnish appellant certain papers. The Lodge is not obliged to make out and furnish the appellant on his demand with a copy of the evidence and proceedings on the trial. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 35. Copies of papers, etc., must be transmitted. A Subordinate Lodge, when an appeal is taken to this Grand Lodge, has no right to refuse to allow said appeal, or refuse to transmit the transcript required by law or copies of any papers the appellant may deem necessary to the full understanding of his appeal. — 1864 Journal, 569; Wagner vs. Germania Lodge, 1890 Journal, 424, 444 ; Matter of Sawyer, 1890 Journal, 425, 448. APPEALS. 71 36. Transcript must be sent if notice of appeal filed. If a notice of appeal is filed a Lodge should transmit copies of all papers, minutes, etc. The question as to whether a brother has forfeited his right of appeal will be settled by the Grand Lodge when the case comes before it. — 1891 Journal, 586, 687, 715. 37. What copies should be transmitted. It is the duty of a Subordinate Lodge to transmit to the Grand Secretary, in all appeal cases, a copy of the charges, reports, testimony, evi- dence and other proceedings had before the Trial Committee; of all documents and proceedings of the Lodge relating to the case; of all exceptions filed before the committee or the Lodge, whatever their form or contents, and a full transcript of the minutes of the Lodge proceedings affecting any case in which an appeal is taken. — 1862 Journal, 285; 1864 Journal, 569. 38. The same. Copies of the notice of the filing of the report of the Trial Committee with the Lodge, and of the cer- tificate or admission of service of the said notice on or by the accused, should be transmitted to the Grand Lodge.— Paul vs. Laurel Lodge, 1885 Journal, 354, 367. 39. The Lodge should send copies only. Upon an appeal, the Lodge should certify copies only, according to the Constitution of Subordinates; and the original charges, testi- mony and proceedings should never leave the custody of the Lodge, unless the Grand Lodge requires them for its own inspection and issues a mandate for their production. — Porter vs. Magnolia Lodge, 1862 Journal, 285; Carr vs. North Star Lodge, 1862 Journal, 299, 318; 1882 Journal, 739, 844, 879. 40. Appeals tried by certified record. When record may be corrected. Resolved that cases coming before this Grand J^odge upon ai)peal shall be tried by the record as certi- fied by the Secretary of the Subordinate Lodge. The brother appealing has a right to inspect the record before it is returned to the Grand Lodge, and shall not be permitted to contradict it when returned, unless he shall have made a motion to correct it in the particulars complained of, in the Subordinate Lodge, before its return. — Kendall vs. Eureka Lodge, 1855 Journ; 122, 132. 72 APPEALS. 41. When the Lodg-e op Committee fails to enter adverse rulings. In case the Lodge or Trial Committee do not enter adverse rulings in the minutes of the Trial Committee or of the Lodge, it is suggested that the appellant present to the Trial Committee, and if they refuse to settle it, to the Lodge, a statement of the adverse rulings of the Trial Committee for set- tlement. If both committee and Lodge refuse to settle a state- ment fairly, the appellant should file with the Lodge, as part of his appeal papers, a statement supported by his own verifi- cation and that of other brothers present who understand the matter as he does. All difficulty will be avoided by having the rulings entered as soon as made, in the minutes of the Trial Committee or of the Lodge. — Chico Lodge vs. Nathan, 1868 Journal, 469,481. 42. The appellant must take the proper steps to correct the record. Appeals are tried by the record or tran- script as certified by the Secretary. If the record is incorrect, the appellant must take the proper steps to correct or contra- dict it, as prescribed by the legislation and decisions of this Grand Lodge. — Lowenthal vs. San Jose Lodge, 1876 Journal,, 466, 467; Holcomb vs. Nietos Lodge, 1877 Journal, 655, 666; Millard vs. Mountain View Lodge, 1879 Journal, 77, 90. 43. Presumption that the Secretary transmitted all papers. If the appealing party were to be hindered a year in the prosecution of his appeal by having the papers in his case sent back to the l^odge because they are accidentally or design- edly made imperfect or informal, it would in many cases work a denial of justice. The correct position is that, as it is the duty of the Lodge to make the returns in cases of appeal, and to return all the papers and proceedings, it must be presumed, so far as the Lodse is concerned, that it has complied with the law, and that the return made by the Secretary does contain all the papers and proceedings.— Porter vs. Magnolia Lodge, 1862 Journal, 285. 44. Secretary no right to add a voluntary statement to the record. The Secretary certifies to the record or tran- script under his hand and seal of the Lodge, and when he adds a voluntary statement over his signature, but not under seal, APPEALS. / 3 and not as a part of the record — that Brother L. returned from Portland, Oregon to Alturas, Modoc County, California — such a statement is not evidence, and is not a part of the transcript on appeal. The Secretary, like others, has no right to make such statements outside of the record. — Payne rs. Modoc Lodge, 1892 Journal, 71, 90. 45. Transcript sent only in case of appeal. Where there is no appeal taken in matters of charges, the transcript or papers should not be transmitted to the Grand Lodge. — Frank- lin rs. Limpensel, 1870 Journal, 227, 251; Strauss vs. McCarthy, 1872 Journal, 562, 653. 46. Must show at what time action complained of was taken. xVs the Grand Lodge cannot entertain an appeal under Section 5, Article IV, Constitution of Subordinates (ben- efit investigations), unless the notice of appeal be served within two weeks after the action appealed from is taken by the Lodge, the transcript on appeal must show at what time the action complained of was taken by the Lodge, this being a jurisdiction- al fact— Middleton 7^^. Eel River Lodge, 1884 Journal, 110, 134. 3. APPELLATE JURISDICTION- RIGHT, TIME AND MANNER OP APPEAL. 47. In the matter of charg-es, appeals must be taken within two weeks. In the matter of charges, an appeal from the judgment of the Lodge may be taken at any time within two weeks thereafter to the Grand Lodge, and if no such appeal is taken, the judgment of the Lodge is final. — Constitution Sub- ordinates, Art. VIII, Sec. 4. 48. An appeal from the Lodg-e's action, refusal or neg^Iect within two weeks. Appeals may be taken from the action, refusal or neglect of a Lodge within two weeks thereafter by any brother deeming himself aggrieved thereby. — Constitu- tion Subordinates, Art. VIII, Sec. 15. 49. Time of appeal. Our laws require appeals to be taken within two weeks. The notice must be given within two weeks or the right of appeal is lost — Wagner vs. Germania Lodge, 1892 Journal, 73, 79; 1865 Journal, 75. 74 APPEALS. 50. In case of death of member a beneficiary may be substituted and appeal. In cases involving the good stand- ing of a member with his Lodge, if such member shall die before the time for filing his notice of appeal has expired, any person pecuniarily interested in the result of the case as a beneficiary, under our laws, may be substituted in place of such deceased member within eight weeks thereafter, and thereafter prosecute said case to final determination. Such substitution shall be made by serving the Lodge with a written notice, stating the death and the date thereof, the facts showing the person to be such beneficiary, and that the person desires to prosecute the case; and filing with the Secretary a notice of appeal. — Consti- tution Subordinates, Art. VIII, Sec. 10. 51. In benefit investigations, appeals must be taken within two weeks. In investigation of claims for benefits by a committee appointed on demand of a brother, as provided in Constitution of Subordinates, an appeal from the judgment of the Lodge, may be taken, at any time within two weeks there- after, to the Grand Lodge, on questions of law, or fact, or both, and if no such appeal is taken, the judgment of the Lodge is final. — Constitution Subordinates, Art. IV, Sec. 5. 52. A widow may appeal in certain matters. In in- vestigations of a widow's claim for benefit or allowance, by a committee appointed on her demand, as required in Section 8, Article IV, of Constitution of Subordinates, she may appeal from the judgment of the Lodge within the time and in the manner provided in Section 5 of said Article. — Constitution Subordinates, Art. IV, Sees. 5 and 8. 53. Any person in certain matters as to benefit, relief or allowance, may appeal. In investigations by a committee appointed on a person's demand, as required in Section 8, Article IV, of Constitution of Subordinates, of a claim for benefit, relief or allowance, which our laws provide shall be paid, the person may appeal from the judgment of the Lodge within the time and in the manner prescribed in Section 5 of that Article. — Constitution Subordinates, Art. IV, Sees. 5 and 8. 54. Investigating" Committee as to Benefits. If a demand is made for the appointment of a committee to investi- APPEALS. 75 gate as to benefits, relief or allowance, as provided in Sections 5 or 8 of Article IV, Constitution of Subordinates, the Lodge must appoint the same. In case of refusal to appoint, an appeal lies to the Grand Lodge.— In the matter of Palmer, 1892 .Journal, 109, 120. 55. An appeal is a matter of right. All questions of the right of appeal are independent of any allowance of such appeals by the Subordinate Lodge. — Wagner vs. Germania Lodge, 1890 Journal, 424; Sheridan vs. Millville Lodge, 1885 .Journal, 352, 367; Harbor Lodge vs. Engelbright, 1886 Journal, 609; 1862 Journal, 287, 322; 1864 Journal, 569. 56. An appeal cannot be ignored. A Subordinate Lodge, when an appeal is taken to the Grand Lodge, has no right to refuse to allow, or to refuse to grant, said appeal. — Wagner vs. Germania Lodge, 1890 Journal, 424,448; Matter of Sawyer, 1890 Journal 425, 448; 1877 .Journal, 582, 678, 702. 57. Grand Master has no jurisdiction in matter of charges. The Grand Master has no authority to act upon appeals in cases of trials of members. He has no appellate jurisdiction in matters of charges or questions arising or grow- ing out thereof. They must be sent to the Grand Lodge for action. — Noble Grand of Los Angeles Lodge vs. Schlosser, 1891 Journal, 703, 727; Harkins 7'.f. St. Helena I^odge, 1882 Journal, 741, 837; Davis vs. Welcome Lodge, 1876 Journal, 490,563; 1855 Journal, 145; 1866 Journal, 170, 174; 1894 Journal, 720, 739. 58. The District Deputy Grand Master has no juris- diction in matters of charges. There is no api)eal in mat- ters of charges or trials to the District Deputy Grand Master. No power is lodged in that officer's hands to review the pro- ceedings of a Lodge or committee in cases of trial. He has no judicial power and no appellate jurisdiction in matters of, or ijuestions growing or arising out of, charges. — Piddington vs Ontario Lodge, 1896 Journal, 524, 558; Noble Grand of Los Angeles Lodge vs. Schlosser, 1891 Journal, 703, 727; 1866 Journal, 170, 174; 1894 Journal, 720, 739. 76 APPEALS. 59. Appeals in trial cases to Grand Lodg-e, All appeals in matters of charges, or questions arising or growing out of matters of charges, must be taken directly to the Grand Lodge, and the transcript on appeal must be transmitted to the Grand Secretary for the Committee on Appeals and the Grand Lodge for action. — Dodson vs. Konokti Lodge, 1876 Journal, 490, 491, 563; Noble Grand of Los Angeles Lodge vs. Schlosser, 1891 Journal, 703, 727; Piddington vs. Ontario Lodge, 1896 Journal, 524, 558; 1894 Journal, 720, 739. 60. The District Deputy Grand Master has no juris- diction in benefit investig-ations. An appeal from the action of a Lodge denying benefits, after investigating as pro- vided in Article IV, Section 5, Constitution of Subordinates, cannot be made to the District Deputy Grand Master, but must be made directly to the Grand Lodge. — Middletonz^.?. Eel River Lodge, 1884 Journal, 110, 134. 61. Decision on point of order and District Deputy Grand Master. An appeal cannot be taken to the District Deputy Grand Master from a decision on a point of order relative to the postponement of action on a bill of exceptions, as in all matters of trials or charges, he has no jurisdiction. — 1894 Journal, 720, 739. 62. Appeal must be taken within time. An appeal must be taken within the time prescribed by law, otherwise the right of appeal is gone, and it cannot be resuscitated by a revival of the claim, or otherwise. When the legislation of a State Grand Lodge limits the period within which appeals from the action of its Subordinates must be taken, such Grand Lodge cannot disregard its own laws or suspend them, and entertain appeals taken after such period has expired. — Strelitz vs. Los Angeles Lodge, 1878 Journal, 905, 952; 1862 S G. L. Journal, 3468, 3490. 63. Time elapses— Right of appeal cannot be revived. Where, by the laws, appeals are required to be made within a limited time, and that time is suffered to pass by without appeal from the action of his Lodge, of which a member complains, his right of appeal is gone, and cannot be resuscitated by a APPEALS. 77 revival of his claim or demand, or a second refusal or denial of his claim by the Lodge; the second denial being nothing more than a reiteration of the former decision from which, if at all, the appeal should have been taken.- -1862 Journal, 271; In re B. Isaacs, 1887 Journal, 898, 905; 1861-1895 S. G. L. Journal, 3381, 14464, 14471. 64. Appeals not taken in time dismissed. Where notice of appeal is not given, or served, or taken, within time, the appeal is dismissed. — Samsel vs. Salmon Creek Lodge, 1878 Journal, 982, 970; Solomon vs. California Lodge, 1880 Journal, 317, 350; George vs. Grass Valley Lodge, 1887 Journal, 854, 889. 65. From judg-ment or final disposition. Appeals in matters of charges must be taken within two weeks after judg- ment or final disposition. — Scott vs. Spring Valley Lodge, 1891 Journal, 681, 685. 66. No appeal on incidental questions. Under the law when charges are preferred, all incidental questions that may subsequently arise, may be made a part of the record in the form of an exception and become a ground of appeal from the final judgment of the Lodge. No appeal, however, lies until the Lodge has made or rendered a final disposition of the charges or final judgment.— Slocomb vs. Cayucos Lodge, 1896 Journal, 519, 557. 67. From judgment or final disposition. Appeals in matters of investigation of claims of benefits, under Section 5, Article IV, Constitution of Subordinates, must be taken within two weeks after judgment or final disposition. — Sawyer vs. Phoenix Lodge, 1891 Journal, 667,674; Robertson z'j. Ferndale Lodge, 1897 Journal, 968, 978. 68. Refusal to dismiss charg-es and appeal. Our laws do not permit an appeal to be taken from the action of the Lodge refusing to dismiss charges for insufficiency. — Slocomb vs. Cayucos Lodge, 1896 Journal, 519, 557. 69. Expelled for contempt, and appeal. A brother ex- pelled for contempt has the right to appeal. In case the Lodge 78 APPEALS. errs, it is the mode of obtaining redress. — 1891 Journal, 586, 687, 715; Petition of Meyerstein, 1878 Journal, 946, 974. 70. By-Laws and an actual case under them. Where By-Laws of a Lodge have been approved by the Committee on Laws of Subordinates of the Grand Lodge, and the Lodge notified thereof, and also approved by the Grand Lodge, a brother has no right of appeal simply to test the validity of such a By-Law. There must be an actual case under the By-Laws, or involving the question of the validity of such By-Laws, and the appeal must be in that case on the ground that the By-Law is unconstitutional or invalid. For instance, if the Lodge under the By-Laws regulating funeral assessments should levy an assessment on the members of the Lodge, then any member in the manner and within the time provided by our law, may appeal from such assessment on such grounds. — Clark vs. Napa Lodge, 1896 Journal, 527, 558. 71. Ceased membership. A brother is required to appeal within two weeks, in case of ceasing to be a member, the same as in other cases. — 1865 Journal, 75. 72. No right of appeal in certain cases. A brother has not the right of appeal to the Grand Lodge from a vote taken in his own Lodge refusing to reinstate him after being suspend- ed for non-payment of dues.— 1887 Journal, 869, 877, 889. 73. Dues and assessments during" expulsion paid. Where the Grand Lodge reversed the judgment of a Lodge expelling a brother for contempt, and the brother thereafter paid all dues and demands charged against him during the period of his expulsion, and seven months after said payment, appealed from the action of the Lodge compelling him to pay all the dues and assessments during the period of his expulsion, the appeal was dismissed as being too late. Our laws require all appeals to be taken within two weeks. — Wagner vs. Ger- mania Lodge, 1892 Journal, 73, 91. 74. Investigating" Committee as to benefits, relief, etc. If a Lodge refuses to appoint a committee to investigate as to benefits, relief or allowance, as provided in Sections 5 and 8 of APPEALS. 79 Article IV, Constitution of Subordinates, an appeal lies to the Grand Lodge.— Matter of Palmer, 1892 Journal, 109, 120. 75. Cases in which the accuser has no right of appeal. When a trial has been regularly had on the charges preferred, and the accused is acquitted on the facts by the decision of the Lodge, the brother preferring the charges has no right of appeal. — Kendall vs. Eureka Lodge, 1855 Journal, 121, 132; Fletcher 7's. Hope Lodge, 1879 Journal, 77, 99. 76. The same. A brother who presents charges before the Lodge against another has not the right to appeal from the verdict of the committee, to whom the same was referred, if no grounds of informality or protest have been entered during the progress of the trial. — 1859 Journal, 447, 521. 77. Accuser and questions of fact. The accused hav- ing been acquitted, the accuser has no right of appeal on ques- tions of fact alone. So far as facts are concerned, the finding of the Lodge is conclusive. — Fraser vs. Los Angeles Lodge, 1893 Journal, 348, 363; Cohn vs. Hiller Lodge, 1867 Journal, 323, 327. 78. Accuser may appeal on questions of law. After a judgment of acquittal, the accuser has a right of appeal as to matters of law. The appeal is confined to questions of law alone, and is the only safeguard against error in such cases. If the trial is irregular, the judgment will be reversed for that reason, and the case sent back for the purpose of settling the law. The decision of it becomes a precedent by which Subor- dinate Lodges may be taught to avoid similar errors. — Eureka Lodge vs. Wilson, 1877 Journal, 650, 666; Cohn vs. Hiller Lodge, 1867 Journal, 323, 327; Swan vs. Mount Shasta Lodge, 1868 Journal, 466, 481; Shey vs. Porterville Lodge, 1895 Jour- nal, 140, 179. 79. Appeals, how taken. All appeals shall be taken by filing with the Secretary a notice of appeal and the grounds thereof. — Constitution Subordinates, Art. VIII, Sec. 10. 80. To the Grand Lodg^e. All appeals shall be taken directly to the Grand Lodge, unless otherwise provided. — Con- stitution Subordinates, Art. VIII, Sec. 15. 80 APPEALS. 81. The g-rounds of appeal must be stated. Those ivho desire to appeal must comply with the requirements of the Constitution of Subordinates. If there is no statement of the grounds of appeal, the attempted appeal is ineffectual and will be dismissed. — Lang %'s. Germania Lodge, 1894 Journal, 679, 716; McPherson vs. Tuolumne Lodge, 1894 Journal, 680, 716; Richards vs. Tuolumne Lodge, 1894 Journal, 681, 716; Trude vs. Clear Lake Lodge, 1894 Journal, 682, 717; Sheldon vs. Ramona Rebekah Lodge, 1895 Journal, 140, 178; Stein vs. Hermann Lodge, 1897 Journal, 953^ 977; Constitution Subor- dinates, Art. VIII, Section 10. 82. The form of notice of appeal. The Grand Lodge has prescribed a form of notice of appeal. (See Form No. 58 of the forms affixed to this digest.) It is an improper direction to •direct the notice of appeal to the Committee on Appeals. Ap- peals are taken by filing a notice of appeal, and the grounds thereof, with the Secretary of the Lodge, as provided in Sections 10 and 15, Article VIII, Constitution of Subordinates. — In the matter of Vickery, 1896 Journal, 575, 617. # 83. Object of notice of appeal. The object of the notice of appeal is to submit succinctly the errors alleged and not to present a history or an argument. The Grand Lodge strongly condemns voluminous and argumentative notices, and notices containing unnecessary statements and reiterations, as they in- volve useless labor upon the brother appealing and upon the Grand Lodge. — Robinson vs. Templar Lodge, 1884 Journal, 137, 154. 84. Should be entered in full on records. All appeals in a Lodge should be entered in full upon the records, and it is the duty of the Noble Grand to instruct the Recording Secretary to so enter them. — 1861 Journal, 195, 196. 85. Appeals from District Deputy Grand Masters. The Grand Master shall decide all appeals on questions of law which may be made to him from the decisions of his deputies. — Con- stitution Grand Lodge, Art. IV, Sec. 1. 86. Rig-ht of appeal cannot be impaired even if re- cords are destroyed. The right of every brother, upon a APPEALS. 81 proper appeal, to have his case reviewed by the Grand Lodge, cannot be impaired or defeated by the burning of the charges or evidence or notice of appeal. — Sheridan vs. Millville Lodge, 1885 Journal, 352, 367. 87. When member no right to appeaL A brother upon A charge of abusive and offensive language was tried and fined by the Lodge. A member of the Lodge who was not the accused -or the complainant and not interested or concerned in the case, •except as a member of the Lodge, appealed on the ground that some irrelevant and incompetent evidence was received and that the Noble Grand voted when there was not a tie vote. The appeal was dismissed as the member under our laws had no right to appeal. — Brown 7's. Fall River Lodge, 1889 Journal, 101, 107. 88. When an appeal may be taken. Section 4, Article VIII of the Constitution of Subordinates, provides that if an -appeal is not taken within two weeks thereafter the judgment shall be final. This section and the mode of procedure in cases of charges do not contemplate an appeal by any or all brothers of a Lodge upon any and all questions of law or fact which may arise during the course of the proceedings, from the preferment of charges to the final disposition thereof. In such cases, where the accused is tried and convicted and expelled, and he does not appeal, the judgment is final. An appeal not taken by the accused or the accuser, but by the Noble Grand, on the question as to whether certain brothers had a right to and were required to vote was dismissed as unauthorized by law. — Davis vs. Riverside Lodge, 1897 Journal, 966, 977. ( See Stay of Proceedings ). (Appeals from Grand Master and Noble Grand — See Order, Rules and Questions of ). 4. RULES OP DECISION AND OTHER MATTERS. 89. Burden of proof on appellant to show affirma- tively that the Lodg-e has erred. Under our system of laws a Lo(l;r»' is a sovereignty, having all the rights of self-govern- ment, sul)ject, however, to the Constitution and laws of the 82 APPEALS. Sovereign Grand Lodge, and the Constitution and laws of the Grand Lodge of this State. It possesses and exercises legisla- tive and judicial powers, and in the administration of the ben- efits and charities of Odd Fellowship, the presumption is in favor of the justice and legality of its proceedings. The burden of proof, therefore, is upon the appellant to show affirmatively that the Lodge has erred. — Haswell vs. Capitol Lodge, 1873 Journal, 865, 887; Hitz vs. Alisal Lodge, 1877 Journal, 652, 666; Osgood vs. Sierra Lodge, 1878 Journal, 889, 890, 934; Froom vs. Santa Barbara Lodge, 1878 Journal, 906, 952; Strange vs. Sierra Lodge, 1879 Journal, 79, 99; Buck vs. Unity Lodge, 1879 Journal, .132, 146; Fella 7'^. Golden Gate Lodge, 1883 Journal, 1160, 1178; Payne vs. Modoc Lodge, 1892 Jour- nal, 72, 90; Lord 7;.f. Parker Lodge, 1894 Journal, 722, 739. 90. When judgrnent will not be sustained. In appeal cases to the Grand Lodge, the judgment of the Subordinate Lodge will not be sustained unless the following rules are sub- stantially complied wdth: First. Charges shall distinctly set forth the offense, with specifications of time, place and circumstances sufficient to con- stitute a complete offense. Second. • All testimony to be reduced to writing, under oath, if made by a person not a member of the Order, and upon the honor of an Odd Fellow if the witness be a member. The tes- timony must state that such oath or obligation was adminis- tered. Third. No testimony to be taken without notice to and opportunity for cross-examination by the opposing party. — 1856 Journal, 205. 91. Reversal of judgment— New trial. In every case of the reversal of a judgment on appeal by this Grand Lodge, the Subordinate Lodge has the power to order a new trial, avoiding the errors in the proceedings pointed out by the Grand Lodge. — 1856 Journal, 205. 92. Presumption in favor of acts of the Lodgre. It is undoubted that every brother must have allowed to him a fair APPEALS. 83 opportunity for defense from any alleged fault, and to present any matters in mitigation; but there is an equally familiar principle controlling trials, or proceedings in the nature of trials. The presumption is that the acts of the Lodge have been regular. It appears that the fine in this case was inflicted in open Lodge, and it does not appear that the brother was not present, or that he had no opportunity to make any excuse he deemed pertinent, and we must presume he had a fair oppor- tunity for defense, excuse or denial. — 1861 Journal, 162, 187. 93. Presumption in favor of a committee. The pre- sumption is in favor of the regularity of the proceedings of a legally constituted committee until the contrary is shown. — Winfry vs. California Lodge, 1880 Journal, 320, 351. 94. Unimportant errors. Errors of law may occur dur- ing the progress of a trial and not be of sufficient importance to justify a reversal of the judgment.— Rattenberg vs. Capitol Lodge, 1870 Journal, 262, 292. 95. What is not expected of Trial Committees. It is not expected that a trial before a committee of Odd Fellows can be conducted with all the nice discriminations and exactness which attend trials before regular judicial tribunals. It is sufficient if the testimony is so presented as to give the commit- tee a full knowledge of all the facts and circumstances, and lead them to just and correct conclusions. — California Lodge vs. Livingston, 1870 Journal, 258, 259, 292. 98, A harmless error or irreg-ularity. An error or slight irregularity, which works no harm, is not a cause of reversal or complaint. — Malcolm vs. Yerba Buena Lodge, 1879 Journal, 80, 92; Cohen vs. Hiller Lodge, 1867 Journal, 323, 327; Lowen- thal vs. San Jose Lodge, 1876 Journal, 466, 467. 97. Errors which do not render the trial in any de- gfree unfair. Where the errors committed were not such as to render the trial in any degree unfair, and where the case would not have been more favorable to the defendant had none of these errors existed, the judgment was affirmed. — California Lodge vs. Livinj^ston, 1870 Journal, 258, 259, 292. 84 APPEALS. 98. Memopials, petitions and exparte statements. Matters involving the rights of Lodges are not passed upon or reviewed by the Grand Lodge upon exparte statements or petitions, an appeal must be taken. — Memorial of Mary New- man, 1886 Journal, 659, 662; Petition of Chenhall, 1879 Jour- nal, 116. 99. Acts of Lodges disturbed only on appeal. The action of a Subordinate Lodge will not be disturbed except on direct appeal therefrom. After the time of appeal has passed without an appeal, the Lodge has a right which the Grand Lodge will not violate by acting upon memorials or petitions.— Memorial of B. Isaacs, 1887 Journal, 898, 905. 100. An appeal not in due course of law. An appeal must be taken in due course of law, otherwise the Grand Lodge will not review the decisions of Lodges upon questions of benefits. —Memorial of Mary Newman, 1886 Journal, 659, 662. 101. Judg-ment of the Lodge final, unless appealed from. The Constitution of Subordinate Lodges, in the section relating to trials upon charges. Article VIII, Section 4, provides: "An appeal from the judgment of the Lodge may be taken at any time within two weeks thereafter to the Grand Lodge, and if no such appeal is taken, the judgment of the Lodge shall be final." Under this provision, in the absence of an appeal, the judgment of a Lodge should not be disturbed. — Petition of Jacob >Strelitz, 1877 Journal, 671, 695. 102. Ex-parte communications are not appeals. A communication w^herein a brother complains that he is in good standing in his Lodge, that he has been a long time sick, and his Lodge refuses to pay him benefits, was returned to the brothei;, as it is a mere statement without record and without the substance or form of an appeal. — Kuchenmeister vs. Dia- mond Springs Lodge, 1870 Journal, 228, 251. 103. The same— Papers returned. Where a brother claiming benefits sends his statement of the case, together with a statement from a Lodge of another jurisdiction, containing orders and reports of committees in relation to the matter, but APPEALS. 85 there is no notice of appeal nor return thereto, nor transcript, the papers were returned to the brother. In such a case the brother utterly fails to bring his case before the Grand Lodge so that the Grand Lodge can act thereon. If he is wronged by the action of his Lodge, the law points out the mode and man- ner by which he may be relieved by the Grand Lodge. — Hud- nott vs, Santa Clara Lodge, 1870 Journal, 273, 294, 295. 104. Ex-parte statements will not be considered, Ex-parte statements and ex-parte documents on behalf of the appellant, as well as those on behalf of the respondent, filed or made or transmitted to the Grand Lodge after the appeal, are not part of the transcript on appeal, and cannot be considered. Frazee vs. Santa Rosa Lodge, 1887 Journal, 841, 854. 105. The Grand Lodge cannot decide on ex-parte statements. The Grand Lodge cannot decide as to the merits or truth of the facts of the case upon ex-parte statements. Where the record of the action of a Lodge is in form, and shows that the Lodge sustains the action of its committee regularly appointed to make inquiry in the premises, the Grand Lodge must presume the report of said committee to be correct, and cannot go behind the action of the Lodge in the premises. — Landers vs. San Francisco Lodge, 1870 Journal, 230, 231, 252. 106. Course required to have Grand Lodge review action of Lodge as to benefits. Where a Lodge neglects or refuses to grant a brother sick benefits, and he does not demand a committee to investigate his claim for benefits, under Section 5, Article IV, Constitution of Subordinates, the action of the Lodge will not be disturbed or reversed on appeal, but will be affirmed, as the brother has not pursued the course pro- vided by law for the review of such questions by the Grand Lodge. — Ashley vs. Pacheco Lodge, 1886 Journal, 615, 617; Piatt v^. Capitol Lodge, 1890 Journal, 383, 888; Wagner vs. Germania Lodge, 1892 Journal, 73, 91; Levy 7'^. Magnolia Lodge, 1893 Journal, 362, 378; Lyons vs. Harmony Lodge, 1896 Journal, 612, 619. 107. The same- Petition. In those cases where a Lodge refus#es to pay benefits and a brother desires to prosecute his 86 APPEALS. claim therefor, he must pursue the course prescribed by the Constitution of Subordinates, see Section 5, Article IV, and in case the Lodge decides against his claim, he must take an ap- peal as provided therein. If he does not, the Grand Lodge will not review or disturb the action of the Lodge upon petition. — In matter of Wetherbee, 1892 Journal, 125, 128; In matter of Wortman, 1889 Journal, 121, 148. 108. Objects of Section 5, Article IV, Subordinate Lodg-e Constitution. Section 5, Article IV of the Constitution of Subordinates is not only for the protection of the Lodge, but for the benefit of the Grand Lodge. To have this Grand Lodge review the action of Subordinates in matters of sick benefits, brothers must demand the appointment of the committee within time and comply with the requirements of this section of the Constitution, so that this Grand Lodge may be in possession of the evidence upon which the committee acts, and also the pro- ceedings of the committee, that it may be enabled to pass intelligently upon the questions involved. — Breyer vs. San Jose Lodged 1888 Journal, 1087, 1096. 109. Petition from expelled brother. In case a brothet is expelled for contempt in refusing to stand trial on charges, the Grand Lodge cannot act upon petition from the expelled brother in matters of this nature. In case a Lodge errs, our laws provide appeal as the mode of obtaining redress in such proceedings, and where no appeal is taken, the Grand Lodge is not authorized to review the action of the Subordinate Lodge. — Petition of Meyerstein, 1878 Journal, 946, 974. 110. Course required to have Grand Lodge review action of Lodge as to funeral expenses. If a Lodge re- fuses or neglects to pay funeral expenses, and no demand has been made for the appointment of a committee under Section 8, Article IV, of Constitution of Subordinates, to investigate the matter, as provided by Section 5, of said Article IV, the Grand Lodge will not review the action of Lodge on appeal. To authorize the Grand Lodge to review the action of the Lodge, the course prescribed by said Sections 5 and 8 of Article IV must be pursued. — Holmes vs. Circle Lodge, 1896 Journal, 634, 653. APPEALS. 87 111. Objections and exceptions must be made and reserved. The accused who desires the action of the trial committee to be reviewed in a particular matter, must make and reserve his objection and exception at the time, and also state it in his bill of exceptions. He cannot be permitted to acquiesce in the committee's action and then, if the verdict is favorable, accept it, but if unfavorable, set it aside. — Berns 7js. Blue Lake Lodge, 1892 Journal, 92, 101. 112. Absence of the accused and objections and excep- tions. The accused not appearing in person nor by attorney of his own selection, all objections to the sufficiency of the charges and the proof to sustain them are considered as reserved, as also all exceptions to regularity of the proceedings had by a Lodge.— 1863 Journal, 402, 441. 113. The accuser consenting" to dismissaL An accuser who consents to the report of the Trial Committee that the pro- ceedings be dismissed, which is adopted by the Lodge, has no cause of appeal against the Lodge's action. — Mitchell vs. Grass Valley Lodge, 1892 Journal, 80, 91. 114. Evidence for the prosecution excluded. Where the accuser appealed from a judgment of acquittal and it appeared the Trial Committee had excluded nearly all the testi- mony for the prosecution, the judgment was reversed and the cause was remanded for a new trial. — Eureka Lodger'^. Wilson, 1877 Journal, 650, 666. 115. Conflict of evidence, judgment not disturbed. In case of conflict of evidence, where there is sufficient evidence to support the judgment or finding, it is settled law that the Grand Lodge will not disturb the action of the Lodge. — Hayes z's. El Dorado Lodge, 1890 Journal, 384, 414; Moore 7'^. Eel River Lodge, 1891 Journal, 668, 674; Whitters 7's. Truth Lodge, 1891 .Journal, 680, 681; Alexander vs. Eureka Lodge, 1891 Journal, 689, 716; Holbrook vs. San Lorenzo Lodge, 1892 Jour- nal, 82, 91; Verba Buena Lodge 7' j. Collins, 1869 Journal, 100, 123; Kennedy vs. Wood, 1873 Journal, 842, 855. 88 APPEALS. 116. Conflict of evidence, action or decision is flnaL In case of conflict of evidence, the action or decision of the Lodge as to questions of fact is final. — Kelley vs. Silver Star Lodge, 1887 Journal, 855, 866; Billings z^j. Eureka Lodge, 1891 Journal, 695, 717, 728; Malcolm vs. Yerba Buena Lodge, 1879' Journal, 80, 99; Sahling 7/^. California Lodge, 1880 Journal, 316, 350; Freund vs. Sonora Lodge, 1889 Journal, 146, 160. 117. To disturb the judg-ment, there must be an entire want of evidence. Under the well-established rule of the Grand Lodge, the judgment of a Subordinate Lodge will not be disturbed unless there is an entire want of testimony to sustain the verdict.— Ott vs. Fidelity Lodge, 1880 Journal, 390, 391. 118. The same. There must be an obvious insuffi- ciency of evidence. The Lodge has the opportunity to ascer- tain the character of witnesses, and know the weight to be given to their testimony. Only in cases of obvious insuffi- ciency of testimony will the Grand Lodge interfere with the judgment of the Lodge on the ground that the verdict is con- trary to the evidence. — Jackson Lodge vs. Paul, 1868 Journal, 467, 481. 119. Lodge's discretionary judgment as to facts. As to the facts, the Lodge has a discretionary judgment as to their force, and the Grand Lodge will not reverse the decision of the Subordinate Lodge upon the facts, unless in a case of gross abuse, or unless manifest error appears. —San Juan Lodge vs. Moore, 1859 Journal, 488, 489, 495. 120. The Lodge is the judge of the facts. On ques- tions of fact, the Lodge is the proper and exclusive judge, and in no case has the Grand Lodge reversed the action of a Subor- dinate Lodge on the trial of a brother if there be a conflict of testimony. — Napa Lodge vs. Israelsky, 1871 Journal, 427, 440; Bay City Lodge vs. Ephraim, 1861 Journal, 155, 166. 121. Policy of our laws as to conflict of testimony* The policy of our laws is not to disturb the judgment of a Lodge based on the verdict of a committee rendered on matters of fact, unless the evidence is palpably insufficient to justify APPEALS. 89 the verdict of the committee. — Winfry vs. California Lodge, 18S0 Journal, 320, 351; Napa Lodge vs. Israelsky, 1871 Journal, 427, 440. 122. Credibility of witness and value, effect and weight of testimony. The Trial Committee and the Subor- dinate Lodge are the judges of the facts and the best judges of the credibility and character of witnesses, and the value, effect and weight to be accorded to their testimony, and as has been frequently held, it is not the province of the Grand Lodge to review matters of fact where the testimony is conflicting. — Sacramento Lodge vs. McKin, 1871 Journal, 428, 440; Bay City Lodge vs. Ephraim, 1861 Journal, 156, 166; Fella vs. Golden Gate Lodge, 1883 Journal, 1160, 1178; McCleery vs, Sacramento Lodge, 1887 Journal, 870, 887. 123. The same. The Trial Committee has an opportunity to observe the manner and judge of the credibility of the wit- nesses, and note many circumstances in the testimony which can never be properly reported upon paper. They are the best judges upon a question of fact. — Mountain Rose Lodge vs. Mc Coy, 1860 Journal, 33, 34, 40; 1861 Journal, 159. 124. The same. The trial committee is much more capa- ble of judging of the testimony of witnesses, and weighing the same, than the Committee on Appeals, because they see and hear the witnesses, and the manner and tone in which the tes- timony is given. — California Lodge vs. Livingston, 1870 Jour- nal, 258, 292. 125. Fact of disability and benefits. When the ques- tion of benefits is one of mere fact as to the physical disability, the brethren of the Lodge are best able to decide it, and the decision of the Subordinate Lodge is final, and will not be dis- turbed on appeal.— Chapman vs. Capitol Lodge, 1895 Journal, 197, 198, 213; 1860 Journal, 28; Haswell vs. Capitol Lodge, 1873 Journal, 865, 887; Osgood vs. Sierra Lodge, 1878 Journal, 890,934; Froom w. Santa Barbara Lodge, 1878 Journal, 906,952. 126. A mere issue of fact. Where the issue is purely a matter of fact, and there is no testimony whatever in conflict 90 . APPEALS. with the report of the committee, the action of the Subordinate Lodge will not be disturbed. — San Bernardino Lodge vs. Per- dew, 1871 Journal, 449, 470. 127. An acquittal is final as to facts. In eases of acquittal, the action of the Lodge is final as to facts. The Grand Lodge cannot consider the question as to whether the verdict is contrary to the testimony. The finding of facts is conclusive. — Shey i;s. Porterville Lodge, 1895 Journal, 140, 179; Cohn vs. Hiller Lodge, 1867 Journal, 323, 327. 128. An expelled Past Grand not admitted to Grand Lodge. A Past Grand expelled by a Subordinate Lodge, and who has appealed from the judgment of expulsion, can not be admitted to the Grand Lodge to defend his case on appeal. — 1857 Journal, 230. 129. Before Grand Lodg-e who may represent a Lodge. A brother who is not a Past Grand cannot represent a Lodge in case of an appeal before the Grand Lodge. No one but Past Grands in good standing are admitted to a Grand Lodge session.— 1896 Journal, 414, 578, 619. 130. Argument before Grand Lodge — Evidence on appeal. A brother while arguing a question of appeal has the right to read a portion of the evidence from the transcript on appeal, without reading the whole of it, and it is proper and right for him to state what he claims to be the evidence in the case, but the evidence before tha Grand Lodge on an appeal is the evidence contained in the transcript on appeal. —1891 Journal, 715, 732. 131. Charges defective in name of accuser. Where the charges are defective in the name of the person preferring them, and the accused makes this a ground of objection, the conviction should be reversed. — Cloutman vs. Eldorado Lodge, 1855 Journal, 129, 139. 132. Name of accuser cannot be withheld. Where the record contained a copy of the charges preferred in the Lodge but did not contain the name of the person prefer- APPEALS. 91 ring the charges; instead of which name there was merely an entry *' name withheld by order of the Koble Grand." The record also showed that the accused was not furnished with a full copy of the charges preferred, but only with a copy defi- cient in the name of the person who preferred the charges, and that he could not obtain the name of his accuser, all of which he made ground of objection before going to trial. The pro- ceedings were reversed. — Chedic vs. El Dorado Lodge, 1855 Journal, 130, 139. 133. Trial Committee appointed by Noble Grand and no exception. Where the records show that the Trial Com- mittee was regularly appointed and the complainant and appellant admits to the Committee on Appeals that he was present when the Trial Committee was appointed, and took no exception to the appointment, the appellant cannot, on the appeal in the Grand Lodge, object that the Noble Grand appointed the whole committee. — Kendall vs. Eureka Lodge, 18o5 Journal, 121, 132. 134. Where the Lodg'e desires to allow further tes- timony and the accused declines. When a Lodge desires to refer a case back to the Trial Committee, to allow the testi- mony of other witnesses to be taken, and the accused declines to have such action taken, he cannot on appeal raise the ob- jection that he was not allowed the testimony of such witnesses. —Red Bluff Lodge vs. Porter, 1860 Journal, 34, 38. 135. Right to cross-examine witnesses. To deprive the accused of an opportunity to cross-examine a witness for the prosecution who was examined in chief, is a sufficient error to reverse the whole proceeding. — Livingston vs. California Lodge, 1863 Journal, 416, 417. 186. Refusing" the accused time to obtain a witness. Where on charges of feigning sickness and attem})ting there])y to obtain sick benefits, the Trial Committee committed an error in refusinj? the defendant time to obtain an absent witness, a doctor; and the trial proceeded without objection, and both parties introduced testimony as to what the witness had said in reference to the case, and the defendant was especially allow- 92 APPEALS. ed to give evidence of witness' statement in full, as to the exact condition of defendant's health; and the defendant testified or had an opportunity to testify, to all the facts known to the witness; the error was considered not detrimental to defendant. — California Lodge vs. Livingston, 1870 Journal, 258, 292. 137. Appeals dismissed op withdrawn at request of appellant. The Grand Lodge has dismissed appeals at the request of the appellant, when the appellant did not desire to prosecute it, and the matter had been amicably settled and has allowed appeals to be withdrawn at request of appellant. — Simpson vs. El Dorado Lodge, 1857 Journal, 255, 256; Grimes vs. Cherokee Lodge, 1865 Journal, 69, 70; Powers vs. Suisun Lodge, 1868 Journal, 491, 492, 508; Butler vs. Capitol Lodge, 1882 Journal, 825. 138. Appeals on trivial questions disapproved. The Grand Lodge disapproves of Lodges appealing to the Grand Lodge on questions of trivial importance. — Barns vs. Alturas Lodge, 1862 Journal, 281. 139. The effect of appeal. An appeal does not operate as a stay, except in the cases provided in Section 2, Article VIII, Subordinate Lodge Constitution. An appeal by a member under suspension does not restore him to the privileges of his Lodge. — Newfield vs. Garcia Lodge, 1881 Journal, 503, 602, 627; 1870 Journal, 256, 282. ( See Stay of Proceedings.) 140. On appeal benefits limited to the period claimed. When a claim is made for benefits from a specified date only and refused, a Grand Lodge cannot, on an appeal from such re- fusal, decide that the applicant was entitled to benefits from a date anterior to the specified date. — 1879 S. G. L. Journal, 8110, 8178. 141. Continuance refused and no exception. Where a continuance is asked and the Trial Committee refuses it, and the accused takes no exception, he cannot avail himself of, or raise an objection to the refusal on appeal. — Lord vs. Parker Lodge, 1894 Journal, 722, 739; Knowles vs. Enterprise Lodge, 1897 Journal, 955, 977. APPEALS. ^ 93 142. Continuance. The continuance of the hearing is a matter which appertains to the discretion of the Trial Commit- tee, and the Grand Lodge will not interfere on appeal, unless it affirmatively appears that the committee has erred; that it has abused its discretion. — Knowles 7's. Enterprise Lodge, 1897 Journal, 955, 977. 143. No action on report of Trial Committee. Where a Lodge does not take action on the report of the Trial Com- mittee finding the accused guilty, or pronounce any verdict upon the truth or falsity of the charges, the judgment imposing a penalty, will be reversed because there must be a verdict or judgment by the Lodge. — Morris vs. Merced Lodge, 1890 Jour- nal, 380, 388; Turner vs. Camptonville Lodge, 1890 Journal, 423, 447.- 144. Appeal from reprimand. If he receives his repri- mand and appeals his case to the Grand Lodge, he is not out of standing till the Grand Lodge decides his case. — 1894 Jour- nal, 605, 733, 771. 145. Reprimand and appeaL If the accused receives his reprimand before the Grand Lodge decides the case he, waives his case and appeal, and if the Grand Lodge reverses the action of the Lodge, he is not entitled to an apology from the Lodge. —1894 Journal, 605, 733, 771. 146. When judgment flnal. When no appeal is taken from a judgment of a Subordinate Lodge in matter of charges, its judgment is final. — Petition of Balch, 1879 Journal, 140, 151. 147. The same. When an appeal is taken from the judgment of a ^?ul)ordinate Lodge in matter of charges, and its judgment affirmed by the Grand Lodge, and no appeal is taken to the Sovereign Grand Lodge, the judgment is final. — Petition of Balch, 187'.) Journal, 140. 151. 148. A member of Trial Committee disqualified. Where a brother who is disqualified by his opinions serves on the Trial Committee, after objections and exceptions duly made, the judgment of conviction will, on appeal, be reversed.— Springer vs. Harbor Lodge, 1886 Journal, 621, 622, 645. 94 APPEALS. 5. A LODGE OR GENERAL RELIEF COMMITTEE AGAINST A LODGE'S ACTION. 149. Such appeals may be taken. Appeals may be taken by any Lodge within this jurisdiction against the action of any other Lodge also within this jurisdiction. — 1863 Journal, 420, 431; 1892 Journal, 134, 135, 137. 150. Must be taken within twelve weeks. An appeal taken by one Lodge against the action of another Lodge, shall be taken within twelve weeks from and after the time the appellant shall receive notice in writing of the action of the appellee.— 1892 Journal, 134, 135, 137. 151. Manner of taking- such appeals— Duties of ap- pellant and appellee. Such appeal shall be taken as follows: First. The appellant shall determine to appeal by resolu- tion entered on its minutes. Second. The Secretary shall thereupon and within said twelve weeks transmit to the appellee a copy of such resolution, certified to by the Secretary, together with a statement on ap- peal, of all the facts, as the appellant claims them to be, and also such affidavits and documents or copies thereof , certified to by the Secretary as the Lodge deems expedient to prove the facts. Third. The appellee, shall on receipt thereof, transmit to the Grand Lodge a statement on appeal, stating therein what facts in appellant's statements it admits, and what facts therein it denies, and stating all other facts of the case, and such affi- davits and documents on its behalf, or copies thereof certified by the Secretary, as the Lodge deems expedient to prove the facts as it claims them to be, and together with copies of all its minutes and documents relating to the case. Fourth. ' Appellant shall transmit, also, to the Grand l^odge, certified copies of all its minutes and of all documents relating to the case. Fifth. The appellant and appellee shall send to each other copies of all papers sent by them to the Grand Lodge, on the same day that they are transmitted to the Grand Lodge. — 1892 Journal, 134, 135, 137. APPEALS. - 95 152. When action of Lodg'e final. Sixth. If an appeal is not taken within time the action of the Lodge shall be con- sidered as acquiesced in and final. — 1892 Journal, 134, 135, 137. 153. General Relief Committees, Seventh. This law (the law regulating appeals by one Lodge from another Lodge's action, see the foregoing sections 149 to 153) shall be applicable to General Relief Committees.— 1892 Journal, 134, 135, 137. 154. In case of exparte statement and no appeal. In case a Lodge is dissatisfied with the action of another Lodge, the law provides a remedy by appeal, and where there is no appeal, but an exparte statement, the Grand Lodge will not decide or determine the issue or difference between the Lodges. — Marin Lodge vs. Golden State Lodge, 1886 Journal, 624, 646. 155. Petition or communication and no appeal. Our laws provide that a Lodge of this jurisdiction may appeal from the action of another Lodge of this jurisdiction, and therefore if a Lodge claims that another Lodge refuses to pay its claim, the proper course to pursue ij to take an appeal as provided by law. The Grand Lodge will not in such matters act on a petition or communication. — Matter of Mound Lodge, 1892 Journal, 125, 128. 156. Memorial or petition after time for appeal has elapsed. Our hiws provide that a Lodge may appeal from the action of another Lodge, and regulate the manner and time thereof. After the time has passed without an appeal, the Lodge has a right which the Grand Lodge will not violate by acting on memorials or petitions. — Memorial by B. Isaacs, 1887 Journal, 898, 905. 167. Duty of Grand Lodg^e. The Grand Lodge should not act on ex-parte statements, nor dispose of a claim of one Lodge against another Lodge without proof, nor hear and ad- judicate the same without notice to that Lodge, nor without affording the Lodge an opportunity as a Lodge to be heard. — Matter of Mound Lodge, 1892 Journal, 125, 128. 158. Disputes and differences between Lodges. Where there is a dispute and difference between Lodges — that is, where k m APPEALS. any Lodge claims that another Lodge is indebted to and should pay it a sum of money — our laws provide for an appeal in such cases to the Grand Lodge as an appropriate remedy. In such cases, in the absence of an appeal to the Grand Lodge, it will not review the action of the Lodge. — 1897 Journal, 1040, 1059. 6. APPEALS TO SOVEREIGN GRAND LODGE. 159. Such appeals, how regulated and the effect thereof. Appeals from the judgment or action of a Grand Lodge to the Sovereign Grand Lodge are regulated by the Gonstitution and legislation of the Sovereign Grand Lodge. It is the duty of a Subordinate Lodge to obey the decisions of its Grand Lodge, which are final and conclusive until reversed by the Sovereign Grand Lodge upon proper appeal thereto. Pending the appeal, the Subordinate Lodge is not entitled to any privileges other than those accorded to it by its Grand Lodge, which may enforce its decisions by demanding the charter and effects of the Subordinate Lodge for non-compli- ance with the decision appealed from. — Lowenthal vs. San Jose Lodge, 1876 Journal, 506 510. Note. — With the consent of the Orand Lodge or Grand Encampment of a State, District or Territory, an ap- peal maj' be had by any Subordinate Lodge or Encampment to the Sover- eign Grand Lodge; such consent, however, not being necessary when An expelled Lodge or Encampment after having surrendered to its Grand Lodge or Grand Encampment all its effects, appeals from such decision. Appeals may also be heard from a member or members of a State, Dis- trict or Territorial Grand Lodge or Grand Encampment, from the de- cision thereof; but in all cases the decision of the Stale, District or Ter- ritorial Grand Lodge or Grand En- campment shall be final and conclu- sive, until reversed by the Sovereign Grand Lodge on a direct appeal there- from— (S. G. L. Constitution, Art. 1, Sec. 4j. A Subordinate Lodge can- not appeal until it has surrendered its effects, without permission of its State Grand Lodge. A Lodge claimed to have done this though it retained in its own possession all the emblems, regalia and other usual effects of a Lodge, but did surrender its working books, charter, seal, treasurer's book and one record book; it was held that was not such a surrender of its eflfects as the general laws contem- plate. It should relinquish available and unavailable funds — 1848 S. G. L. Journal, 1283; 1858 S. G. L. Journal 2860, 2925, 2963. A Grand Master cannot grant an appeal from the action of his Grand Lodge — 1875 S. G. L. Journal, 6350, 6619, 6692). All appeal papers on appeals brought before the Sovereign Grand Lodge shall be furnished by the appealing parties, printed in pamphlet form, on a i^nge of the same size as that of APPEALS. 97 the printed journal of proceedings of nesday following, and the briefs of the Sovereign Grand Lodge. (1855 both appellants and appellees, if S. G. L. Journal, 2193, 2499, 2521; printed at all, shall be printed separ- 1880 S. G. L. Journal, 8376, 8469.) ate and apart from the record— (1891 Appellants must furnish two bun- S. G. L. Journal, 12681). In all ap. dred and fifty copies of all appeal peals to the Sovereign Grand Lodge, pajjers required by the above law— it shall be required of the appellants (1897 S. G. L. Journal, 15509, 15580). to send, with their papers, a certified The record in all cases of appeals must copy of the Constitution and By-Laws be forwarded to the Grand Secretary, of their Grand Body, of the Constitu- so as to reach him by Wednesday pre- tion of Subordinates and of the By- <;eding the second Monday in Sep- I^aws of the Subordinate Lodge or tember of each year, so that they Encampment involved in. the appeal may be furnished the Committee on —(1886 S. G. L. Journal, 10481). Appeals by the morning of the Wed- 160. Facts, how settled and certified. Where an ap- peal is taken from the action or decision of this Grand Lodge to the Sovereign Grand Lodge, and the party appealing desires facts to be considered as part of the appeal, he must, within twenty days after the adjournment of the session, prepare and file with the Grand Secretary a statement of such facts involved in the appeal as he may deem material; whereupon the Grand Secretary must'deliver or transmit to the adverse party such statement, who, if he do not accept the same, must within twenty days prepare objections or, amendments to the same, specifying the lines and pages covered by such objections or amendments. The statement, with the objections and amend- ments proposed, must be delivered or transmitted to the Grand Secretary. If the objections or amendments be not accepted within ten days, the Grand Master must fix a place and time to settle the statement, and the Grand Secretary must notify the parties. At the time and place appointed, the Grand Master must examine the proposed statement and amendments, «)r objections, and hear the arguments, if any, of the parties, and must settle such statement and amendments, or objections. When the statement is settled, unless present at the time, the party appealing must be notified, and within twenty days thereafter must engross and file the statement as settled with the Grand Secretary. Such statement, after being printed, must thereupon be certified by the Grand Master and Grand Secretary, attested with the seal of this Grand Lodge. — Con- stitution Grand Lodge, Art. XIL 7 98 ASSESSMENTS. 161. Res adjudicata. Where the Sovereign Grand Lodge decides a case on appeal, and afterwards adjourns, the decision on said appeal is res adjudicata^ as to the specific points in- volved in the case, It is a final, conclusive and binding judg- ment, which at no subsequent session can be set aside or annulled, except in a case of gross fraud or mistake which the appellant uses due diligence and takes the proper steps to have corrected. — Robinson vs. Templar Lodge, 1881 S. G. L. Jour- nal, 8798. ( See Stay of Proceedings. ) ARREARS. ( See Benefits, Dues, Assessments, Fines, Password. ) ASSESSMENTS. 1. By the Grand Lodge, page 98. 2. By Subordinate Lodges, page 99. 1. BY THE GRAND LODGE. 162. Assessments on Subordinates. At the regular an- nual session, the Grand Lodge, as provided in Sections 1 and 3 of Article VIII, is empo^j^ered to levy assessments upon each Subordinate Lodge, in proportion to the number of its members returned at the last semi-annual report thereof, ending June 30th of each year, payable semi-annually, one-half in July and one-half in January. Said assessments to be levied upon the members not suspended at that date. — Constitution Grand Lodge, Art. VIII, Sec. 3. Note. — State Grand Lodges have expenses— (1852-1862 S. G. L. Jour- the power to assess their Subordi- nal, 2885, 2924, 2963, 3467, 3498). nates to meet deficiencies and to pay 163. Homes for ag-ed and indig-ent Odd Fellows, Wid- ows and Orphans. State Grand Bodies have the legal right and full power to make reasonable and necessary assess- ments upon their Subordinates, to provide and maintain Homes for aged and indigent Odd Fellows, and widows of deceased members of the Order, and Homes for the care, protection and education of orphans of deceased Odd Fellows. — 1894 S. G. L. Journal, 14115, 14151. ASSESSMENTS. 99 164. To whom assessments are payable. Assessments levied by Grand Lodge on Subordinates '' shall be payable to the District Deputy Grand Masters, prior to the installation of oflficers, who shall remit the same without delay to the Grand Secretary." — Constitution Grand Lodge, Art. VIII, Sec. 3. ( See Finance and Finance Committee. ) 2. BY SUBORDINATE LODGES. 165. Assessments for Lodge purposes. A Subordinate Lodge may by its By-Laws, provide for a widows', orphans' and education fund and funeral tax, and for extraordinary assess- ments for Lodge purposes. — Constitution Subordinates, Art. IV, Sec. 2. 166. Must be authorized by law. A Lodge has not the right to assess its members for charges or dues unless the same are authorized by law and the Constitution of the Subordinate Lodge.— 1857 Journal, 274. 167. For Lodg-e expenses. A Lodge has not the right to assess its members for Lodge expenses, unless the By-Laws so provide.— 1891 Journal, 586, 690, 716. 168. How changed. The assessments in a Subordinate Lodge, being fixed by the By-Laws, cannot be changed except by an amendment thereof. — 1856 Journal, 201, 274. 169. May be levied even if Lodg^e has money or property. A Lodge can levy an assessment for Lodge pur- poses in cases provided by its By-Laws, even if it has money or property at its command at the time of the assessment. — Pixley V8. San Jose Lodge, 1895 Journal, 198, 216; 1879 Jour- nal, 101, 110. 170. The same— A By-Law construed. Under a By- Law which reads, "Should the funds of the Lodge at any time be exhausted, there shall be an equal assessment on every member for the relief of the sick or disabled brethren, and for defraying contingent expenses," the funds would be its availa- ble resources. The word is often used in a wider sense, and in 100 ASSESSMENTS. some cases should be construed to include property of every kind, but under this by-law the Lodge is not compelled to sell or mortgage its property at a sacrifice in order to raise money with which to pay benefits or contingent expenses. It may lawfully levy an assessment. — Pixley vs. San Jose Lodge, 1895 Journal, 198, 213. 171. Appeal from levy of assessment. A member can appeal from the decision or action of the Noble Grand directing the levy of an assessment. If the Noble Grand, through an error of fact or of law, directs the levy ot an assessment, a mem- ber may appeal therefrom to the Lodge, and the Lodge can cor- rect the error.— 1894 Journal, 609, 732, 771. 172. May be levied on absent brothers. A Lodge has the right to levy assessments on brothers who are absent, hold- ing Visiting Cards. — 1856 Journal, 204. 173. A brother suspended for cause. If during his suspension for cause any assessment be legally levied, it should be charged against him as if he did not stand suspended for cause, and failure to pay the same for twelve months renders him liable to the same penalty as in the case of dues. — 1895 Journal, 23, 195, 196, 236. 174. Assessment to pay doctor's bill illegral. A Lodge has no right to levy an assessment on its members to pay a doctor's bill of one of its members.— 1861 Journal, 267, 268. 175. A motion to assess to construct a road or a fence. A motion " that the members of this Lodge be taxed the sum of one dollar each, for the purpose of aiding in the construction of a road to the burial ground of the Order, and if any money remain after the road is finished, the balance be applied to the construction of a fence around the same, is not in order, as the assessments in a Subordinate Lodge cannot be changed, except by amending the By-Law. The object pro- posed by the motion may be obtained by voluntary contribu- tions, or a direct appropriation from the funds of the liOdge. — Hatch et al. vs. Tuolumne Lodge, 1856 Journal, 201. ASSESSMENTS. 101 176. No funeral benefits due— No assessments. In case no funeral benefits are due or payable to anyone, the Lodge has no right to levy a funeral assessment. — 1865 Journal, 59, 76, 77; 1874 Journal, 115, 116, 17; 1894 Journal, 609, 732, 771. 177. The same— Donation for funeral expenses. Where no funeral benefits are due, and the Lodge voluntarily makes a donation to defray the funeral expenses, the Lodge has no right to levy a funeral assessment. — 1870 Journal, 229, 251. 178. When should not be levied. Where there is no provision for the levying of a funeral assessment, except on the death of a member of the Lodge, the Noble Grand may not de- clare such assessment levied in a case where the Lodge attends the funeral of a brother who was not a member of the Lodge. — 1889 Journal, 27, 122, 163. 179. Funeral assessments— When not to be made. Wherever a funeral assessment is prescribed by the By-Laws of a Lodge, "provided the funeral is held under the auspices of the Lodge," the assessment should not be levied where the funeral is not so held, as in case he is buried hy a Relief Com- mittee in another city.— 1888 Journal, 1102, 1104, 1128, 1129. 180. When funeral assessments should be levied. The By-Laws of some Lodges restrict the levying of funeral assessments to cases where the Lodge attends the funeral. In other Judges there is no such restriction — in the latter instance when a funeral assessment is provided for, it must be levied whether the Lodge attends the funeral or not — 1889 Journal, 27, 122, 163. 181. Funeral assessment— When to be made. When the By-Laws of a Lodge provide a "funeral assessment" of a certain amount on the death of a member, the same must be assessed against each member in proper cases, and the Secretary should charge it to the account of each member, an order to that effect from the Noble Grand not being necessary. The — ment should be made whether or not there are funds in funeral l)enefit fund."— 1883 Journal, 1002, 1150, 1175. 102 ASSESSMENTS. 182. Delinquency, and when in arrears. Assessments are not to be taken collectively with dues and fines, because delinquency depends upon length of time delinquent and not the amount delinquent. If a brother neglects or refuses to pay an assessment for more than thirteen weeks, he would be thirteen weeks in arrears. — 1895 Journal, 21, 195, 196, 236; Wellenberg vs. Germania Lodge, 1896 Journal, 576, 617, 618, 637, 639; 1896 Journal, 408, 607, 636. 183. Not to be added to dues or fines. Assessments cannot be added to dues. Fines, assessments and dues are con- sidered separately and cannot in any instance be combined. — 1896 Journal, 408, 607, 636. 184. Payments— How applied. Provided that all pay- ments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the payment of dues, assessments and fines, in the order in which they become due, but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. — Constitution Sub- ordinates, Article IV, Sec. 2. 185. Funeral assessment and credit for attendance. If the By-Laws of a Lodge provide that an assessment shall be levied on all its members on the death of a brother, such assessment shall be charged to each member of the Lodge, whether the brother attends the funeral or not, and whether the Lodge buried the brother or not. Provided, however, should the By-Laws so provide, each brother may be credited with the amount of the assessment if he attends the funeral. — 1896 Journal, 408, 588, 629. 186. Cannot make certain payments. A Lodge can- not by By-Laws pay out of its general fund the assessment upon a brother for insurance, he holding a certificate of mem- bership in an Odd Fellows Beneficial Association, though he constitutes his Lodge his beneficiary. — 1887 S. G. L. Journal, 10988, 11027. 187. Levy of funeral assessment after lapse of time. When the By-Laws of a Lodge provide that funeral assessments ASSESSMENTS. 103 shall be levied at the next regular meeting after the funeral, the assessment legally attaches to the membership at the next regular meeting after the funeral when the assessment is required to be levied, but if from any cause the death or funeral is not known to the Lodge in time for the assessment to be declared at such meeting, then it may be levied when it does become known, and it will relate back and be legal and binding on all those who were members at the time when the assessment should have been levied, and those who have become members since that time will be exempt. — Chalmers vs. San Benito Lodge, 1896 Journal, 517, 657. 188. Neglect of Noble Grand to levy. The right to levy a funeral assessment is not lost or waived by the failure or neglect of the Noble Grand to declare such assessment levied at the next regular meeting after the funeral of a deceased brother, for in case of the death of a brother, at a distance from the Lodge, several regular meetings may have elapsed before it is known at all, or definitely known, when the funeral took place. The assessment should be levied, if possible, at the next regular meeting after the funeral, but may be legally levied at a subsequent meeting. Our Order has enacted no law of limita- tion concerning such assessments or their levy. — Chalmers vs. San Benito Lodge, 1896 Journal, 517, 557. 189. Funeral Assessment— Liability of new members for. Where the By-Laws of a Lodge provide that " at the next regular meeting after a funeral, the Noble Grand shall declare levied a funeral assessment upon each member of the Lodge, to be charged to his account," members of the Lodge who were initiated after the death of the brother and before the funeral, are liable for the funeral assessment. The object of a funeral assessment is to reimburse the Lodge for the appropriation re- quired to be made towards defraying the funeral expenses of the deceased brother, whether incurred by the Lodge or depen- dant relatives; hence a funeral assessment is proper in all cases under this provision of the By-Laws, whether the Lodge attends the funeral or not. The assessment legally attaches to the meml>erHhip at the next regular meeting after the funeral when the assessment is required to be levied; but if from any cause 104 ASSISTANX'E TO LODGES. the death and funeral are not known to the Lodge in time for the assessment to be declared at such meeting, then it may be levied when it does become known, and it will relate back and be legal and binding on all those who were members at the time when the assessment should have been levied, and those who have become members since that time will be exempt. — Conklin vs. Alisal Lodge, 1884 Journal, 24, 128, 154. 190. AJceptain By-Law construed. Where a By-Law reads: "on the death of a brother entitled to benefits, each member shall be assessed one dollar, which shall go into the fund of the Lodge for the payment of funeral benefits, and such assessment as soon as made shall become due and payable," the words '' entitled to benefits " refer to a brother entitled ta sick benefits. In case the brother who died is not entitled to sick benefits, an assessment would be illegal. — Weston vs. Cen- tennial Lodge, 1889 Journal, 126, 148. 191. Funeral dues. Funeral dues are fines or assessments imposed on account of the death or funeral of a member. — 1891 .Journal, 585, 690, 716. 192. Odd Fellows' Home, No brother shall be required to pay Lodge dues or assessments while an inmate of the Home as an indigent. — Constitution Subordinates, Art. IV, Sec. 4. ( See Odd Fellows' Home. ) ASSISTANCE TO LODGES. 193. Manner of petitioning" for aid by Lodg-es. Any Lodge asking pecuniary aid, in consequence of loss by fire, or for any other cause, shall, in the first instance, make applica- tion to the Grand Lodge of the State in which such Lodge may be located, and, if not in the power of the Grand Lodge to render the aid required, such Grand Lodge may, if deemed ex- pedient, ask the assistance of Grand Lodges in adjacent States, or of all the Grand Lodges in the Union, through the Grand Masters of the same, who shall have power to issue circulars to their Subordinates, stating circumstances, etc., to make such appeals available.— 1846 S. G. L. Journal, 860, 906. ASSISTANCE TO LODGES. 105 194. Form of the circular. The Sovereign Grand Lodge has prescribed a form by which a Grand Lodge recommends pecuniary assistance to a Subordinate Lodge in such cases. See Form No. 38 of the forms affixed to this Digest. — 1846 S. G. L. Journal, 860, 906. 195. Application for aid not entertained unless authorized. No Lodge or Encampment shall entertain any application for pecuniary aid or assistance under whatever scheme it may be presented, unless the same be authorized by the Grand Body or its principal Grand Officer of the jurisdiction in which such aid is solicited, and in accordance with the form prescribed for such purposes by the Sovereign Grand Lodge. — 1846 S. G. L. Journal, 860, 906; 1866 S. G. L. Journal, 3853, 3987; 1885 Journal, 301, 371. 196. Cannot solicit by sale of tickets or chances or by any scheme, etc., unless authorized— Duty of Grand Masters. It shall be unlawful for any Grand Master, Grand Patriarch, or Grand or Subordinate Lodge or Encampment or any officer or member thereof, or any committee of any juris- diction, to solicit aid or relief for any purpose or in any man- ner, either by direct request for funds, sale of tickets, or chances, or by any scheme whatever, from the Lodges, Encampments, or members of another jurisdiction, without having first ob- tained the consent of the Grand Master of such other jurisdic- tion, if such appeal is to be made to the Lodges or members thereof, or of the Grand Patriarch, if such appeal is to be made to Encampments or Patriarchs thereof. Such consent can only be obtained upon proper request therefor, duly made by the Grand Master or Grand Patriarch of the soliciting juris- diction, of the Grand Master or Grand Patriarch of the solicited jurisdiction.— 1897 S. G. L. Journal, 15599, 15632. 197. Permission to apply for aid. The Grand Master is authorized to grant permission to Lodges to apply to other Lodges for assistance. — Constitution Grand Lodge, Art. IV, Sec. 1. 198. Assistance, how transmitted. When Lodges ask assistance from sister Lodges in this jurisdiction, the amount 106 BALLOT AND VOTING. donated should be sent to the Grand Secretary, and by him transmitted to the applicant Lodge, the Grand Secretary acknowledging receipt of the same. — 1866 Journal, 234. BALL. 199. Not held without permission. Lodges are pro- hibited from giving balls where regalia, emblems or name of the Order will be worn, assumed or used, without first obtain- ing the consent of the Grand Master, and upon direct promise that no intoxicating beverages shall be offered to members or guests. (1892 S. G. L. Journal, 13067, 13156.) A Lodge shall not permit the use of spirituous or malt li(iuors at any entertain- ment given by the Lodge or held in the name of the Order. — Constitution Subordinates, Art. X, Sec. 4. (See Dispensations, Liquors, Dancing and Funds.) BALLOT AND VOTING. 1. In Grand Lodge, page 106. 2. For officers of Subordinate Lodge, page 109. 3. For membership and reinstatement, page 112. 4. Reconsideration and new ballot, page 118. 5. For degrees, page 121. 6. Miscellaneous, page 122. 7. Matter of charges and trials. (See Trials.) 1. IN GRAND LODGE. 200. Past Grands right to vote for officers. In the selection of Grand Officers each Past Grand in attendance at the annual communication shall be entitled to one vote only. — Grand Lodge Constitution, Art. II, Sec. 4. 201. Election by ballot— Only one candidate— Viva voce. The election of elective officers shall be by ballot, pro- vided that in all cases where only one person is in nomination for an office, the election may be held viva voce, — Grand Lodge Constitution, Art. Ill, Sec. 3. 202. Officers and Representatives conduct business and vote — Election. The business of the Grand Lodge is I BALLOT AND VOTING 107 transacted by the elective officers and representatives, and none except officers and representatives to the Grand Lodge have the right to vote, except at election. — Grand Lodge Constitution, Art. II, Sees. 2 and 4. 203. Representatives and elective officers and Grand Master. Each elective officer except the Grand Master, who is not also a Representative, and each Representative, shall be entitled to one vote. The Grand Master shall be entitled to a vote in all cases of a tie. — Grand Lodge Constitution, Art. II, Sec. 4, and Art. VII, Sec. 1. 204. Grand Master's casting" vote. He shall give the casting vote in all cases where the votes are equally divided, except in cases of election of officers. — Grand Lodge Consti- tution, Art. IV, Sec. 1. 205. Vote of absent Representative. In case of the absence of any Representative, the Representative of his Lodge present may cast the vote of the absentee. — Grand Lodge Con- stitution, Art. II, Sec. 4. 206. Vote by Lodges. A majority of Representatives present from a Lodge are permitted to cast the vote of absen- tees when the vote is taken by Lodges. If there be but one Representative present from a Lodge, he can cast the full vote of his Lodge— 1860 Journal, 68; 1861 Journal, 171. Note. — When the Constitntion of a resentatives, upon a vote by Lodges, State Grand Lodge determines the the number of Representatives present number of representatives a Subordi- are entitled to cast the entire vote to nate Lodge is entitled to send, and which the Lodge is entitled, the ma- that whenever a vote shall be taken by jority of those present determining Lodges, each Lodge shall be entitled whnt the vote shall be — (1858S. G.L. to as many votes as it can send Rep- Journal, 2965, 2981). 207. Vote of absentees in Grand Lodg-e, how recorded. Where, on a call for ayes and noes, the majority of Representa- tives of a Lodge present cast the vote of the al)sent Representa- tives of the Lodge, the names of the Representatives shall not be recorded as voting, but only the number of votes cast for absentees. — 1871 Journal, 479. 108 BALLOT AND VOTING. 207a. Ayes and iloes. On a call for the ayes and noes, the Representatives present are entitled to but one vote each. — 1860 Journal, 38. 208. Elective officer who is a Representative has one vote. Officers of the Grand Lodge who are by the Constitution entitled to, and as such do, vote in the Grand Lodge, cannot also vote as Representatives. — 1860 Journal, 68. 209. Who may vote upon questions in Grand Lodg-e. Past Grands not Representatives have no right to vote upon a question before the Grand Lodge. That right is confined to those whose credentials as Representatives are reported correct by the Committee on Credentials. — 1859 Journal 444; see also 1859 S. G. L. Journal, 3090, 3114. Note. — No brother has the right to badge when its use is authorized — speak or vote without being clothed (1881-1895 S. G. L. Journal, 8677, in proper regalia, or in ribbon or 14543, 14568). 210. Cannot be excused from voting" on certain res- olutions. A motion that the Representatives from a particu- lar place be excused from voting on certain resolutions selecting a place for the next session of the Grand Lodge, is not in order. —1866 Journal, 208. 211. Two-thirds vote. Whenever the sentence " by a two-thirds vote" occurs in the Constitution of the Grand Lodge it means two-thirds of all the members present entitled to vote. — 1855 Journal, 155. 212. Majority vote determines unless otherwise pro- vided. All questions and votes before the Grand Lodge, not in this Constitution otherwise provided for, shall be determined by a majority of the votes given. — Grand Lodge Constitution, Art. VIL 213. Removal of Grand Officer. Two-thirds of the votes of the members present are necessary for removal of Grand Officer, for misconduct or neglect of duty, — Grand Lodge Con- stitution, Art. V, Sec. 1. M BALLOT AND VOTING. 109 214. Expulsion of member. A vote of two-thirds of the members present is necessary for expulsion of member from Grand Lodge. — Grand Lodge Constitution, Art. V, Sec. 3. 215. To amend Subordinate Constitution. A two-thirds vote is necessary to change or amend Subordinate Lodge Con- stitution. — Grand Lodge Constitution, Art. IX, Sec. 5. 216. To amend Grand Lodge Constitution. A vote of two-thirds of the representatives present is necessary to amend or alter Grand Lodge Constitution. — Grand Lodge Constitution, Art. XIV. 217. To suspend Rules of Order. A two-thirds vote is necessary to suspend the Rules of Order of the Grand Lodge. — Grand Lodge Constitution, Art. XIII, Sec. 2. 218. Lodge interested not entitled to vote. It is clear- ly against law and justice to allow a Lodge having a direct interest in any matter before a Grand Lodge to vote upon any question in which it is so interested. The rule is the same, although the question be "only preliminary to the considera- tion of a subject in which said Lodge is interested," and although the Rules of Order provide that every member present shall vote on any question before the Grand Lodge, unless he is per- sonally interested in the result, or has been excused by the Grand Lodge or is otherwise incapacitated. — 1868 S. G. L. Journal, 4363, 4402; 1875 S. G. L Journal, 6625, 6694. 2. FOR OFFICERS OF SUBORDINATE LODGE. 219. Election by ballot. All officers shall be elected by ballot at the first regular meeting in June and December of each year and at special elections to fill vacancies. — Constitution Subordinates, Art. VI, Sees. 6 and 8. 220. Election by acclamation. At all elections, regular or special, to fill a vacancy, if there be but one candidate for an office, such candidate may be elected by acclamation. — Consti- tution Subordinates, Art. VI, Sec. 13. 221. The same. If there is but one candidate for an office, and the Ix)dge decides to elect by acclamation, that is the only vote necessary. — 1894 Journal, 604, 732, 771. no BALLOT AND VOTING. 222. When election by acclamation is illegral. It is illegal for a Lodge, on motion, to elect a brother to office by acclamation, he being the only nominee, when a brother inter- poses an objection to such an election. — Deveran vs. Modoc Lodge, 1896 Journal, 451, 633, 653. 223. How elected by acclamation. In case there be but one candidate for an office, and the Lodge desires to elect by acclamation, a brother should make a motion that Brother be elected by acclamation. Should that motion receive the affirmative vote of all voting — that is, a unanimous viva voce vote — the Noble Grand should declare the brother elected. No further motion is necessary. — 1895 Journal, 19, 195, 196, 236. 224. Casting- the vote of the Lodg-e. If there is no objection by any member to such a course, and there is but one person in nomination for an office, the Secretary may cast the vote of the Lodge for such candidate. — 1875 Journal, 291, 295. 225. A brother in arrears may cast the vote of the Lodg-e. A brother over thirteen weeks in arrears may be authorized to cast the ballot of the Lodge at an election. — Deveran vs. Modoc Lodge, 1896 Journal, 451^ 633, 653. 226. Casting- vote of the Lodge illeg-al if objected to. No member who has conformed to the requirements of the By- Laws of his Lodge, and is in good standing, can be deprived of his right to vote at an election of Lodge officers; hence, when there is but one candidate for the office for which the Lodge is about to vote, no brother can legally cast the vote of the Lodge if any member objects thereto, no matter what the rule of the Lodge may be, for the Lodge has no right to adopt any rule that is 'antagonistic to law and justice. — Barnhard vs. Forest City Lodge, 1875 Journal, 200, 275, 276; Deveran vs. Modoc Lodge, 1896 Journal, 451, 633, 652. 227. The same— The ballot must be open to all. It is a legal motion for a brother to move that another brother cast the ballot of the Lodge for an elective officer, in case there be but one candidate. If, however, any other brother desires to BALLOT AND VOTING. Ill vote, he cannot be deprived of his right, and if he insists upon his right, the ballot should then be opened to all entitled to vote.— 1878 Journal, 818, 928, 966; 1879 Journal, 32, 107. 228. Vote by acclamation. The vote by acclamation should be by " aye " or " no," and not by the voting sign. The election of officers by the voting sign, instead of by acclamation, should not be declared illegal^ as you have the expression of the members without a ballot. The proper way to elect officers by acclamation is by "aye" or "no."— 1897 Journal, 805, 994, 1034. 229. No cumulative voting. There is no law, or prece- dent of the Grand Lodge which permits what is termed cumu- lative voting for any officer in this jurisdiction.'— Fox vs. Bay View Lodge, 1883 Journal, 1011, 1166, 1180. 230. Blank ballots must be counted. A vote in blank is as much a vote to be counted as though it had the name of a candidate upon it. — 1859 Journal, 472; 1858 S. G. L. Journal, 2859, 2925, 2963; 1891 Journal, 588, 686, 715. 231. The same. — Certain votes regarded as blank ballots. At election for officers in a Subordinate Lodge, all ballots cast for other than regular nominees, shall be counted as blanks. A candidate who declines is not in nomination. A majority of all the votes cast is necessary to a choice, blanks being counted as votes. — 1863 Journal, 422. 232. Effect of blank ballots when only one candidate. When there is but one candidate in nomination for an office? and on successive ballots a majority of blank votes are cast, it is not competent for the Noble Grand to declare the Lodge open for new nominations, and then proceed to an election on the same evening. He can receive such nominations after all the other officers are elected, but the ballot cannot be had until the next regular meeting of the Lodge, without a dispensation. Blank votes are to be counted when there is but one candidate in nomination, the same as if there were several candidates. — 1872 Journal, 577, 666, 684; 1881 S. G. L. Journal, 8534, 8711, 8787. 112 BALLOT AND VOTING. 233. A ballot with same name on it three times. Where there are three officers to vote for upon one ballot, and a brother casts a ballot with the name of one candidate written Ijhree times thereon, the ballot shall be counted as one vote only for said candidate. — Fox vs. Bay View Lodge, 1883 Jour- nal, 1011, 1166, 1180. 234. Cannot suspend By-Laws to enable brothers to vote. A Lodge cannot suspend the By-Laws, or any portion thereof, for the evening, to enable brothers in arrears for dues, or otherwise disqualified, to vote for officers. — 1890 Journal, 315, 407, 410, 436; 1857 Journal, 281. 235. A candidate may vote for himself. The rule of a Lodge that '' no member shall vote on any question in which he is immediately interested " does not apply to elections for officers of the Lodge. A candidate for office has a right to vote for himself. — Barns vs. Van Duzen, 1891 Journal, 588, 589, 686, 715. 236. The Noble Grand. The Noble Grand is entitled to vote at all elections for officers. — 1867 Journal, 292. 237. Nominees. Being in nomination for an office in the Lodge or for representative to the Grand Lodge does not deprive a member of the right to vote for such an officer or representa- tive. This is not what is meant by being "personally interested in a question."— 1897 Journal, 809, 1030, 1054. 3. FOR MEMBERSHIP AND REINSTATEMENT. 238. Must ballot for candidates for membership. The candidate shall be balloted for with ball ballots, and if three or more black balls appear, the candidate shall be rejected. — Constitution Subordinates, Art. Ill, Sec. 1. 239. Must ballot in Third Degrree. All ballots upon application for membership shall be had when the Lodge is open in the Third degree. — Ritual; 1889 S. G. L. Journal, 11481, 11728, 11786. 240. To reinstate brother suspended for non-pay- ment of dues. Brothers suspended for non-payment of dues BALLOT AND VOTING. 113 who petition, more than one year after their suspension, to be reinstated in their Lodges, must be balloted for, and disposed of in all respects the same as candidates for membership by initiation.— Constitution Subordinates, Art. VIII, Sec. 1. 241. The same. To reinstate a brother suspended for non-payment of dues, within a year thereafter, requires a two- thirds vote of the members present, and the vote must be by ballot. — Constitution Subordinates, Art. VIII, Sec. 1. 242. To reinstate an expelled member. An expelled member must be balloted for the same as in the case of a newly proposed member, and permission to receive proposition must first be obtained from Grand Master. — Constitution Subordin- ates, Art. VIII, Sec. d, and Art. X, Sec. 2; 1895 Journal, 56, 195, 196. 243. Cubes. Lodges "may use cubes instead of black balls for balloting.— 1897 Journal, 805, 1030, 1054. Note. — The use of cubes in taking three black balls appear against him the ballot on candidates for member- he shall be elected," etc., is a fair, ship under a Subordinate constitu- reasonable and substantial compli- tional provision which reads "The ance with the law — (1896 S. G. L. candidate shall be balloted for with Journal, 15079, 15094). ball ballots, and if not more than 244. When the ballot may be retaken. In case one or more black balls appear in a ballot for a candidate for mem- bership, the Lodge may immediately retake the ballot for such candidate, in order to verify the fact that such black balls may not have been cast in error. — Constitution Subordinates, Art. Ill, Sec. 4. Note.— state Grand Lodges are pear, in order to verify the fact that aathorized to adopt a law permitting black balls may not have been cast in their Subordinates to immediately error— (1892 S. G. L. Journal, 13147, retake a ballot for candidates for 13193). membership, where black balls up- 245. The Noble Grand's rlgrht and duty to ballot. A Noble Grand of a Lodge has a right to vote on an application for membership, and it is his duty to do so, unless excused by the Lodge.— 1889 Journal, 34, 122, 163; 1862 .Journal, 278,289; 1867 Journal, 292, 338, 349. 114 BALLOT AND VOTING. 246. Duty of Noble Grand. The Noble Grand shall in- spect and announce the result of all ballotings, or other votes, by the Lodge.— Constitution Subordinates, Art. VII, Sec. 1. 247. Duty of Vice-Grand. He shall examine and ascer- tain the condition of the ballot in all cases where the vote is required to be taken by ball ballots. — Constitution Subordi- nates, Art. VII, Sec. 1. 248. The manner of taking the ballot and official duties. In balloting on petition for membership, or for degrees, the Warden presents the ballot-box first to the Vice-Grand, who should examine both the empty drawer and also the ball ballots, to ascertain whether or not there are three or more black balls or cubes. The ballot-box is then taken to the Noble Grand, who makes a similar examination. The Noble Grand then an- nounces for what the ballot is to be had, after which he casts his ballot, when the ballot-box may be taken to the Vice-Grand to receive his ballot, after which it is placed upon the pedestal by the Warden for the members to vote. After all have voted, the Warden carries the ballot-box to the Vice-Grand, who inspects its contents. The Warden then takes the ballot- box to the Noble Grand, and, before he examines it, he asks the Vice-Grand how he finds the ballot. If less than three black- balls appear, his report should be " favorable; " if three or more black-balls appear, his report should be " unfavorable." The Noble Grand then examines the ballot-box, and reports it ^' favorable " or " unfavorable," as the case may be, and makes the announcement to the Lodge. This is the intent of Article VII, Section 2 of the Constitution. This interpretation also applies to balloting in Rebekah Lodges. — 1896 Journal, 407, 588, 629. See Section 315. 249. Withdrawal Cards. They are granted by a major- ity vote, by ballot, of the members present. — Constitution Subordinates, Art. XII, Sec. 1. 250. No collective ballot. Every member has a right to deposit his ballot upon each individual application for mem- bership, and a collective ballot is illegal. — 1857 S. G. L. Jour- nal, 2700, 2764, 2810. BALLOT AND VOTING. 115 251. Investigating Committee must report before bal- lot. Before a Lodge can take action upon a petition for mem- bership, there must be a majority report of the committee upon the application. Where there is a favorable report from one member and an unfavorable report from another, there are two minority reports but no majority report. — 1890 Journal, 316, 407, 417, 436; 1894 Journal, 60o, 761, 771. 252. Must ballot on unfavorable report of committee. A ballot must be had on a proposition for membership if the report of the committee is unfavorable, except in case of death or removal from the jurisdiction of the applicant. The Lodge may not, on motion, accept the report and return the fee with- out further action. — 1859 Journal, 523. 253. When compulsory to vote. All qualified members present must vote, unless excused by the Lodge, but the Lodge may, by a By-Law, make it compulsory upon members in good standing who may be present to vote upon all applications of persons to become members of the Order, and in such case the Lodge cannot excuse a member entitled to vote. — 1867 Journal, 339,349; 1871-1873-1874 S. G. L. Journal, 4992, 6194, 5245- 5847, 5935-6267, 6324. 254. Thirteen weeks in arrears for weekly or funeral dues, A brother more than thirteen weeks in arrears for weekly or funeral dues is not entitled to vote on a proposition for membership.— 1889 Journal, 35, 122, 163. 255. Brothers in arrears for dues. Where the By-Laws of a Lodge provide that brothers in arrears for dues, for a specified time, shall not be entitled to vote upon any question before the Lodge; brothers of the Lodge, so in arrears, are thereby prohibited from balloting upon applications for mem- bership, and it is in accordance with the spirit of Odd Fellow- ship.— 1860 Journal, 88. 256. Excuse for declining to vote. A brother has a right to state his reasons for desiring to be excused from voting on an application for admission. — 1889 Journal, 34, 122, 163. 257. Brothers should not explain acts of the Lodge. It is irregular and exceedingly injudicious for any number of 116 BALLOT AND VOTING. brothers, whatever their position in a Lodge, to volunteer any ex- planations of the acts of their own or a neighbcfring Lodge on the question of balloting for candidates. Such interference is unjust- ifiable and improper in the extreme. — 1855 Journal, 101, 154. 258. Reason why applicant should not be balloted for. After the report of an Investigating Committee and prior to balloting on an application, it is improper for the Noble Grand to ask if any brother has " any reason to offer why the appli- cant should not now be balloted for." — 1856 Journal, 190, 203. 259. The number of black balls cast. After a ballot in a Lodge for membership, and the Noble Grand on examining the ballot box, declares the candidates rejected, he has the right to refuse to state the number of black balls cast. — 1874 Journal, 102, 114; 1874 S. G. L. Journal, 6202, 6262. 260. Three black balls reject. It requires three black balls in the ballot to reject a candidate, whether the candidate applies by initiation or holds a dismissal certificate from another Lodge.— 1887 Journal, 771, 875, 888. Note.— A brother cannot be re- Journal, 9806, 9820). To endeavor quired to disclose the fact of his hav- to discover how a brother has voted ing cast a black ball against a can- upon a secret ballot, for the purpose didate— (1860 S. G. L. Journal, 3268, of bringing odium upon him is an 3270; 1865 S. G. L. Journal, 3836, offense of itself— (1871 S. G.L. Jour- 3847), nor to give his reason for his nal, 4992, 5194, 5245). A member vote under penalty of punishment — cannot make known his ballot on an (1853 S. G. L. Journal, 2132, 2174). application for membership, under It is the right of a brother to vote a any circumstances, except as provided secret ball ballot, and he has no right by the law regulating and permitting to conceal or expose the character of a voluntary motion for reconsidera- his vote at pleasure, except that in the tion of all those who cast black balls caaeof a voluntary motion of all those — (1888 S. G.L. Journal, 11104, 11368, who cast black balls against an appli- 11396). A brother's vote in the cant for membership for reconsidera- affirmative or negative is to be gov- tion of the ballot. In such case it is ernedby his own sense of propriety — lawful for such brothers to expose the ( 1853 S. G. L. Journal, 2132, 2174) . character of their vote— ( 1884 S. G. L. 261. The same. It takes three black balls to reject a member holding a withdrawal card less than one year old, whether he applied for admission to his own or another Lodge. —1888 Journal, 1022, 1111, 1130. BALLOT AND VOTING. 117 262. Ballot rejecting a candidate. A ballot by which a candidate was rejected can not be declared null and void on account of errors committed by several brothers voting. — 1897 Journal, 805, 994, 1034. 263. Rejection. Three black balls reject on a reballot, as well as at any time.— 1897 Journal, 809, 1030, 1054. 264. Ballot, application withdrawn, minutes. Where a Lodge balloted on an application for membership, and the Vice-Grand announced the ballot black, and the Lodge there- upon permitted the application to be withdrawn, and the min- utes simply read that after the report of the committee the application for membership was, on motion, withdrawn, it was illegal for the Lodge to permit the application to be withdrawn, and the minutes should have stated the facts as they occurred. —Matter of Modoc Lodge, 1896 Journal, 612, 619. 265. Cannot ballot at special meeting". A Lodge can- not 'ballot for membership at a special meeting, except when the Grand Master is present at the special meeting and grants a dispensation to receive the petition and ballot thereat. — 1897 Journal, 808, 1030, 1054; Constitution Grand Lodge, Art. IV, Sec. 1 ; 1887, 1892, S. G. L. Journal, 10737, 10951, 11005, 12797, 13050, 13075. 266. May ballot on expired Withdrawal Card. Where a Withdrawal Card is deposited with an application for mem- bership, the Lodge may ballot on the application although the card has expired pending the consideration of the application. —1887, S. G. L. Journal, 10864, 10903. 267. Rejected applicant cannot demand committee. A rejected applicant for membership by deposit of card cannot claim as a right, or demand, through a member of the Lodge or by letter from himself, that the Lodge appoint a special com- mittee to investigate into the correctness of the statements made, or the grounds upon which the brothers were induced to deposit black balls. The appointment of such a committee would be contrary to law and usage, and therefore a motion to that effect is out of order. — 1859 Journal, 447, 529. 118 BALLOT AND VOTING. 268. After ballot, application cannot be withdrawn. A Lodge has no right to permit an application for membership to be withdrawn after a ballot has taken place. It is then the duty of the officers to announce the result of the ballot, and of the Noble Grand to declare the applicant elected or rejected, according to the fact as it appears from the ballot. — Matter of Modoc Lodge, 1896 Journal, 612, 619. 269. The rig-ht of brothers to cast black balls is beneficial to the Order. The law regulating balloting for membership should be strictly obeyed. The right of brothers to cast black ballots should be respected; it is a most beneficial law, designed to prevent the admission of improper persons and to preserve the peace and harmony of the Lodge. Lodges which violate this law relative to balloting for membership are subject to charges and penalty for same.- — Matter of Modoc Lodge, 1896 Journal, 612, 619. 4. RECONSIDERATION AND NEW BALLOT. 270. A favorable ballot may be reconsidered. A favorable ballot for a candidate's admission may be reconsid- ered at any time or meeting prior to the admission of the candidate, by a majority vote of the members present. — 1886 Journal, 656, 655; 1893 Journal, 277, 391, 421; Constitution Subordinates, Art. Ill, Sec. 4. 271. Manner of voting" to reconsider a favorable ballot. In voting to reconsider a favorable ballot for a candidate's admission, the vote is by the usual voting sign. — 1886 Journal, 656, 655. 272. The vote required to reconsider a favorable ballot- Where, upon a motion to reconsider a ballot electing a candi- date for membership, six votes are counted in the affirmative and four in the negative — five members (entitled to vote) not voting — there is no legal reconsideration, as it requires a majority of the members present to agree thereto. — Constitution Subordinates, Art. Ill, Sec. 4; 1872 Journal, 657, 677. 273. Effect of reconsidering- a favorable ballot. When a favorable ballot for a candidate has been reconsidered by BALLOT AND VOTING. 119 the Lodge, the case stands as if no ballot had been had. — 1872 Journal, 575, 665, 684. 274. Where elected candidate fails to qualify. If a candidate for initiation has been duly elected, and on the night of initiation fails to qualify by not answering a certain ques- tion to the examining committee in the affirmative, the Lodge should reconsider the ballot, provided the disqualification is of such character as to debar the candidate from becoming a member of the Lodge. — 1865 Journal, 59, 77. 275. No reconsideration of vote reinstating* brother. A brother reinstated by vote in due form cannot be rejected at a subsequent meeting by a reconsideration of the first vote. — .1870 Journal, 189, 255. 276. A favorable ballot when application on visiting* card. When application is made upon a visiting card under Section 9, Art. Ill, Constitution of Subordinates, a favorable ballot cannot be reconsidered. — 1895 S. G. L. Journal, 14596, 14611. 277. Time and manner of reconsidering an unfavor- able ballot and reballot to verify. No reconsideration of an unfavorable ballot can be had unless all the brothers who may cast black balls against an applicant for membership voluntarily make a motion for a reconsideration of the ballot; provided such reconsideration be had within four regular meet- ing nights next succeeding such rejection; and in such case the vote on the reconsideration shall be taken by ball ballots, and if all the balls cast be in favor of it, the reconsideration shall be had; whereupon the application shall lie over till the suc- ceeding meeting, when another ballot shall be had with ball ballots, and if the same be unanimously in favor of the appli- cant he shall thereby be elected; but if one or more black balls appear in either ballot, the applicant shall be rejected; and in no case shall a reconsideration be had except upon a voluntary motion of all those who cast black balls; and never more than one motion for a reconsideration in the same case shall be allowed. In case one or more black balls appear in a ballot for a candidate for membership, the Lodge may immediately 120 BALLOT AND VOTING. retake the ballot for such candidate, in order to verify the fact that such black balls may not have been cast by error. — Con- stitution Subordinates, Art. Ill, Sec. 4; 1893 Journal, 277, 391, 421. Note. — The foregoing is based upon same, except under certain circum- the law of the Sovereign Grand Lodge stances and conditions— ( 1857-1868 regulating the reconsideration of an S. G. L. Journal, 2773, 2792, 2827 — unfavorable ballot on an application 4316, 4365, 4402. for membership, and prohibiting the 278. Ballots accepted de facto become de jure. After a ballot has been taken and the result, when unfavorable, announced, and the Lodge closes without placing upon its minutes any doubt of such announcement, and the members disperse under the impression that the petition has been defi- nitely acted upon, nothing in the way of a reballot, reconsider- ation, or reversal can legally take place, except a reconsideration of the unfavorable ballot, as provided in Art. Ill, Sec. 4, Con- stitution of Subordinates. A ballot accepted de facto, becomes by law, after the close of the evening, de jure, and cannot be repu- diated. —Stinson vs. Auburn Lodge, 1859 Journal, 515; Consti- tution Subordinates, Art. Ill, Sec. 4. Note. — As to reconsidering at a committee. — See Sec. 533 of this subsequent meeting the adoption of Digest, the report of a benefit investigating 279. The same. When, on voting on a motion to rein- state a brother suspended for non-payment of dues, the Noble Grand announced the applicant rejected, and no objection was made thereto, and no doubt as to the correctness of the announcement entered on the minutes, and the Lodge closes? the voting and rejecting is final. Each regular meeting of a Lodge is a session. The vote having taken place, and the unfa- vorable result announced, and the Lodge having acquiesced therein, and closed its session, the vote and rejection becomes by law legal and binding. At a subsequent session of the Lodge it is not in order to take an appeal from the previous decision or announcement of the Noble Grand to the Lodge, and reverse the Lodge's action, and declare the brother rein- stated. The decision or announcement of the Noble Grand, acquiesced in by the Lodge at the session in which it was made. BALLOT AND VOTING. 121 became the decision, announcement and action of the Lodge. — In the matter of Gouldson, 1892 Journal, 72, 91. 280. When illegal vote does not change result. A Lodge has no right to rescind a ballot on account of a brother voting illegally, when the illegal vote does not change the result of the ballot. — 1878 Journal, 957. Note. — No error or informality will reversed, for the error has done no reverse any action unless it may have harm; but if it might bj'. any possi- affected the result. If the error be bility have affected the result, there such that it can be seen, that it could is error, and the decision will be over- not by any possibility have affected turned— (1879 S. G. L. Journal, 8107, the result, the decision will not be 8178). 281. Candidate rejected— No further investigation — No new ballot. When, upon a ballot, the number of black balls required by the local law to reject are cast, the a])plicant shall be declared to be rejected, and it is not lawful for the application to be referred for further investigation, and a new ballot at some future meeting. — 1872 S. G. L Journal, 5519, 5547. Note. — No dispensation can be who has been rejected — (1889 Jour- granted to reballot on an applicant nal, 34, 122, 163). (See Degrees.) 5. FOR DEGREES. 282. Election to degrees by ballot. When application for election to either of the three Subordinate degrees is pre- sented to the Lodge, it shall ballot upon the same, and if not more than two black balls or cubes be cast, the applicant shall be declared elected. — Constitution Subordinates, Art. V, Sec. 2. 283. Must ballot while open in third deg-ree. All ballots upon applications for degrees shall be had when the Lodge is open in the third degree. — 1886 Journal, 536, 620, 646; Ritual, 1889 S. G. L. Journal, 11481, 11728, 11786; 1882 S. G. L. Journal, 8839, 8840, 9025, 9101—8992, 9087. 284. Manner of balloting^ for degrees and official duties. In balloting for degrees, the Lodge must ballot in the same manner as it is required to ))allot in applications for membership, and the Noble Grand, Vice-Grand, and Warden, have the same duties to perform. — See Sec. 248 of this Digest. 122 BALLOT AND VOTING. 285. Separate ballot for each degree. It is illegal to vote for the three degrees of Odd Fellowship at one and the same ballot— 1886 Journal 536, 620, 646. Note.— In the absence of local leg- ballot shall be separate for each de- islation, a separate ballot for each gree or for all collectively— (1882 S. degree must be had, but it is a sub- G. L. Journal, 8839, 8840, 9025, 9101, ject for local legislation whether the 8992, 9087). 286. Ballot must take place on night of application. Section 1, Article V, of the Constitution of Subordinate Lodges, requires that a ballot for degrees shall take place on the night of application.— 1867 Journal, 292, 338, 349. 287. Lodge may reconsider favorable ballot. A Lodge has the right to reconsider a favorable ballot for a certi- ficate for degrees at any time before the degrees granted have been conferred.— 1873 Journal, 870, 892. 288. Lodge not compelled to vote degrees. There is no law compelling a Lodge to give a brother his degree, no matter how good he may stand on the books of the Lodge; he must be balloted for, and it is for the voters to decide whether he shall advance or not; no one, under our present system, can question their right to reject or refuse to confer the degree on any brother.— 1872-1873 S. G. L. Journal, 5279, 5919, 5950. 289. Must ballot for one applicant at a time. It is illegal for a Lodge to ballot for more than one applicant for the degrees at the same time. — 1892 Journal, lo, 97, 103. 290. When may ballot for Third degree. It is legal to ballot for the Third degree before the candidate has received the Second.— 1893 Journal, 277, 391, 421. 6. MISCELLANEOUS. 291. Brothers interested in questions prohibited from voting. Resolved that no member or members of any Subor- dinate Lodge or Encampment shall vote upon any question in which he or they may be interested, or in which he or they intend to become interested, by reason of his or their connection or intended connection with any Lodge or Encampment of this BALLOT AND VOTING. 123 Order, then existing or about to exist, or with any other organ- ization. And should a member so vote he shall, upon the dis- covery and proof of the fact, be considered guilty of unbecom- ing conduct, for which he may be suspended from the Order. And the Lodge or Encampment in which the offense was com- mitted may, in case said member has joined some other Lodge or Encampment of this Order, institute charges for said offense in said other jurisdiction, with the right to appeal from its de- cision, should the brother be acquitted of the charge. — 1873 S. G. L. Journal, 5776, 5785; 1874 S. G. L. Journal, 50. 292. No member to vote if personally interested, ex- cept renting" and leasing* hall and other property in certain cases. No member of a Lodge or Encampment shall vote upon any question relating to the fiscal affairs of his Lodge or Encampment, in the result of which he has a direct personal interest; but may vote upon all questions concerning the leas- ing or renting of the hall, or other property of his Lodge or Encampment to any Lodge, Encampment, Rebekah Lodge or Uniform Degree Camp, of this Order, and all law in conflict herewith is hereby repealed. — 1885 S. G. L. Journal, 10095, 10174. 293. The same— Members of the Good Templars— Loan. Members of an Odd Fellows' Lodge who are also members of the Good Templars and part owners of hall belonging to the Good Templars, have no right to vote on proposition to loan the money of the Odd Fellows Lodge to the Good Templars, taking as security a mortgage on said hall. — 1880 Journal, 257, 359, 375. 294. The same— Members of other Orders— Rent. In fixing the rent of a hall which belongs to a Lodge of Odd Fellows, and which is let to other Orders, the Odd Fellows who are members of the other Orders have no right to vote. — 1887 Journal, 845, 867. 295. The same— Members of other Orders— Lodge property. Members of an Odd Fellows' Lodge who are also members of another Order are prohibited from voting on the question to dispose of the Lodge property to such other Order. —1883 Journal, 1170, 1180. 124 BALLOT AND YOUNG. 296. The same. The interest of other Orders. No member of the Order should be permitted to vote on matters of vital interest, perhaps, to his Lodge when such action on his part may be entirely in the interest of some other Order.— 1883 Journal, 1170, 1180. 297. An officer fined. When the rules of order provide that ''no brother shall vote on any question in which he is immedi- ately interested," and the Noble Grand orders a fine against an officer for neglect of duty, and an appeal is taken on the ground that there has been no neglect, the officer against whom the fine was ordered has no right to vote on the appeal.— 1865 Journal, 59, 72. 298. Manner of voting". It is not lawful for the Noble Grand, on demand for a recount of a declared vote, or in any other case, to order the members to vote by standing; but the Noble Grand may require the members to stand and. vote in order to facilitate the count. — 1871 Journal, 461, 479. Note.— All voting in Subordinate otherwise — (1871 S. G. L. Journal, Xiodges and Degree Lodges is by the 4993, 5185, 5222). On resolutions voting sign, unless otherwise pro- relative to the death of a brother in a vided. The exception is "not alone Subordinate Lodge, arising vote may to a ballot for membership," but ad- be taken without giving the voting vancing to degrees, granting With- sign— (1881 S. G. L. Journal, 85.33 ■drawal Cards, suspending or expelling 8701,8767). As to cards, see cards members and reinstating them, elect- and certificates. No brother has a ing officers, reconsidering a ballot for right to speak or vote without being membership, when the ayes and nays clothed in proper regalia — (1881, 1885 are ordered, etc., in which cases pro- S. G. L. Journal, 8677, 14543, 14568). vision is made by law for voting 299. The same— When division demanded. When a vote is about to be taken, and a division is asked for, and the Noble Grand requests the members to rise, the vote is to be taken by the usual sign while standing. — 1879 Journal, 108, 112 300. Meaning of two-thirds vote of members present. AVhenever the sentence "by two-thirds vote of members present" occurs in the By-Laws of a Subordinate Lodge in this jurisdic- tion, it means two-thirds of all the members present entitled to vote.— 1856 Journal, 189, 202. BALLOT AND VOTING. 125 301. Two-thirds vote. In voting, a '* two-thirds vote,'^ or '* two-thirds of those present," means those actually present by count of numbers, and not by count of ballot. — 1860 Jour- nal, 29. 302. Two-thirds vote of the members voting*. Article VI, Section 7, of the Constitution of Subordinates reads, " may be removed by a vote of two-thirds of the members voting.'^ Under this provision no count is to be made of qualified bro- thers who do not vote. — Armstrong vs. Fidelity Lodge, 1892 Journal, 75, 91. 303. Two-thirds vote and the Noble Grand's casting* vote. Where the By-Laws of a Lodge provide that the Noble Grand shall have only the casting vote on all questions aside from elections, and that brothers shall not be excused from fines except by a vote of two-thirds, if the vote on a motion to excuse stands eight in favor to four against, the Noble Grand cannot vote in the negative and so decide the question adversely. In such a case the motion is carried. — 1865 Journal, 59, 72. 304. Two-thirds vote and the Noble Grand's rig-ht to vote. Where there is a question before the Lodge requiring a two-thirds vote of members present, sixteen members being present, including the Noble Grand, and but fifteen votes are cast, ten for and five against the question, the question is lost, as ten is not two-thirds of sixteen. If the By-Laws of the Lodge say that the Noble Grand sha*ll give the casting vote on all questions before the Lodge, except in the election of officers, the Noble Grand would have a right to vote on such a question, but he would not have a casting vote. — 1871 Journal, 461, 479. 305. Two-thirds vote and a member excused from voting". Where there are thirteen members present entitled to vote, exclusive of the Noble Grand, and the Noble Grand ex- cuses one member from voting, at his request, and upon a call of the ayes and noes eight vote aye and four vote no on a proposition to amend the By-Laws, and the Lodge has a By- Law which reads " when, if two-thirds of the members present vote in favor of the proposed amendment, it shall be adopted," 126 BALLOT AND VOTING. the member excused from voting must be counted as a member present, and the proposed amendment is not adopted. — 1876 Journal, 408, 483, 503. 306. When By-Laws require a two-thirds vote and the Constitution is silent. Where the Constitution is silent as to what vote is required in a Lodge upon certain questions, and the By-Laws require a two-thirds vote, the By-Laws of the Lodge govern the matter. — Holbrook vs. San Lorenzo Lodge, 1885 Journal, 291, 388, 420. 307. Noble Grand no rig"ht to dictate to a brother. The Noble Grand has no right to dictate to a brother how he shall vote on any question. — Bidwell Lodge vs. Price, 1873 Journal, 856, 864. 308. Voting" on night of initiation. A By-Law pro- hibiting members from voting on the night of their initiation is constitutional. Every Lodge has a right to adopt such a By- Law; but the Grand Lodge does not approve such By-Laws, and recommends that the matter be left to the judgment and discretion of such members. — 1856 Journal, 204. 309. Rights of non-beneficial members. Non-bene- ficial members may vote. They are entitled to the same rights and privileges as beneficial members, except in the matter of benefits.— 1896 Journal, 415, 607, 636; 1892 S. G. L. Journal, li2797, 13050, 13075. 310. Finance Committee may vote upon its own report. A member of the Finance Committee of a Subordinate Lodge has the right to vote upon receiving the report of said committee.— 1867 Journal, 292, 338, 349. (As to Trial Committee, see Section 2638.) 311. When not entitled to vote — Arrears. A member more than thirteen weeks in arrears for weekly or funeral dues is not entitled to vote.— 1889 Journal, 35, 122, 163; Constitu- tion Subordinates, Art. VIII, Sec. 13. BALLOT AND VOTING. 127 312. Arrears — Officer's salary — Compensation for work and labor. If a brother performs the duties of a sala- ried officer of a Lodge, or performs services or work and labor for a Lodge for which he may be legitimately paid, the amount due him must be paid to him, and a warrant drawn in the usual manner in his favor. When he obtains the warrant or order, he can draw the money out of the treasury, and he has the right to use it in paying his dues, or he has the right to use it for his own purposes, and to decline to appropriate it to the payment of his dues. A Lodge cannot apply any part of the indebtedness for services, etc., to the payment of his dues, against his wishes or without his consent. — 1897 S. G. L. Journal, 15559, 16616. (As to benefits due a sick brother in such cases, see sections 434, 433.) 313. Right to vote, and term password. The By-Laws of a Lodge provide that "any member who is more than thir- teen weeks in arrears for weekly or funeral dues, shall not be entitled to the term password or to vote upon any question in the Lodge." Under this by-law it does not follow that all members who have the term password shall be entitled to vote upon questions in the Lodge, such as elections for Representa- tives to the Grand Lodge.— 1888 Journal, 1021, 1111, 1130. 314. No voting^ in Ante-room. Members cannot vote from the ante-room. To be entitled to take part in the busi- ness of the Lodge, they must come into the Lodge-room proper. —1895 S. G. L. Journal, 14250, 14487. 315. All present must vote. Every member present in a Lodge, if qualified to vote, is obliged to vote on all questions, unless excused by the Lodge.— 1871-1873-1874 S. G. L. Jour- nal, 4992, 5194, 5245-5847, 5935-6267, 6324. NoTE.—Noble Grand haH the right excused.— 18S1 Journal, 502, 601, 627. to compel brothers to vote, unless so 816. Right to vote— By-Law. A brother cannot be de- prived of the right to yote, unless he is more than thirteen 128 BALLOT AND VOTING. weeks in arrears, and any By-Law in conflict with this law is void. — Chalmers vs. San Benito Lodge, 1896 Journal, 517, 557. 317. When not entitled to vote— By-Laws. A Lodge cannot provide in its By-Laws that a member shall be entitled to vote in the Lodge until he is twenty-six weeks in arrears for dues. The limit is thirteen weeks by law of the Sovereign Grand Lodge, and the Lodge cannot change it. — 1888 Journal, 1026, 1111, 1130. Note. — A member of aSubordiuate weeks is not entitled to vote in the Lodge who is in arrears for weekly or Lodge.— 1877 S. G. L. Journal, 7505. funeral dues more than thirteen 318. Noble Grand and expulsion and suspension. The Noble Grand has the right to vote on a question of the penalty of expulsion or suspension — 1873 Journal, 782, 900, 901. 319. Rig'ht of Noble Grand to vote. The Noble Grand of a Lodge has no right to vote to sustain himself in the case of an appeal from his decision. He has no right to vote except at the election of officers and when balloting for candidates; when the members are equally divided on other questions, he shall give the casting vote, except in cases of appeal from his decision. — Constitution Subordinates, Art. VII, Sec. 1; Sierra Lodge vs. Shepherd, 1885 Journal, 291, 368, 420. 319a. Secret ballot— lUeg-al clause. A clause in the Constitution of a Subordinate Lodge requiring the brother who casts a black ball to " communicate in writing to the Noble Grand his reason for so doing" is illegal and void. The right to the secret ballot is sacred, no brother being required to dis- close or divulge his ballot, or give his reasons therefor, to anyone.— 1896 S. G. L. Journal, 14678, 14948, 15019. (As to claimant of benefits, see Section 519.) (As to adoption of By-Laws as a whole, see Section 672.) (See Trials; Representatives; Cards and Certificates; Trus- tees; Benefits under the head of Investigating Committee as to sick benefits; Officers as to election.) BENEFITS. 129 BENEFITS. 1. General principles and provisions, page 129. 2. When entitled to benefits, page 143. 3. When not entitled to benefits, page 151. 4. When discretionary, page 163. 5. Investigating Committee as to sick-benefits, 164. 6. Funeral benefits and funeral expenses, 180. 7. Benefits to widows, page 189. 8. For relief furnished by Relief Committees and other Lodges, see Relief and Relief Committees. 9. For Nurses and Watchers, see Nurses and Watchers. 1. GENERAL PRINCIPLES AND PROVISIONS. 320. Lodges must provide for benefits. It is the duty of Lodges to provide in their By-Laws for granting benefits to members.--1860 Journal, 86; 1878 S. G. L. Journal, 7820, 7867; 1880 S. G. L. Journal, 8364, 8468. Note.— A Lodge may provide by its which said Lodge is subject— (1857 By-Laws for such beneHts to mem- S. G. L. Journal, 2807, 28.30; 1S64 S. bers, both as to amount and in the G. L. Journal, 3685, 3698)— or with disposition of the same, as in its the minimum benefit law of the Sov- jndgment it may seem proper; pro- creign Grand Lodge— (1892-1893 S. vided said By-Lavs do not conflict G. L. Journal, 13054, 13139, 12787, with the laws of the Grand Lodge to 13150, 13195, 13257, 13548, 13671). 321. The beneficial character of our Order. The pay- ment of weekly benefits to sick members is the distinguishing characteristic of our Order, and may be regarded as the funda- mental principle of Odd Fellowship which, combined with the moral precepts and teachings of the Order, has made our organ- ization so eminently successful. — 1864 Journal, 514; 1872 Journal, 61X); 1867 S. G. L. Journal, 4177, 4179. 322. Right of Lodge to tax for benefits. The benefi- cial character of the Order is its distinguishing feature, and it is the right and duty of Subordinate Lodges to tax their members in order to grant stipulated weekly benefits to sick members; but the taxation must be provided for in their By- 130 BENEFITS. Laws^.— 1864 Journal, 514; 1863 S. G. L. Journal, 3584; 1867 S. G. L. Journal, 4177, 4197. Note. — Whether a Subordinate benefits to members entitled thereto, Lodge can retain its charter and con- is a subject for local legislation— (1857 tinue working after it has failed, from S. G. L. Journal, 2770, 2831). an exhausted treasury, to pay weekly 323. Grand Lodge's power over benefits. A Grand Lodge may enact and amend constitutional provisions for Sub- ordinates upon the subject of benefits, but subject to the mini- mum benefit law of the Sovereign Grand Lodge. — 1875-1880- 1883 S. G. L. Journal, 6618, 6691, 8385, 8476, 9275, 9347; 1892 S. G. L. Journal, 13054, 13139. 324. The g-eneral minimum benefit law. It is made obligatory upon each Subordinate Lodge of the Order to pay from its funds during the continuance of the disability a weekly benefit of not less than two dollars to every member entitled to sick-benefits by the Constitution or By-Laws of his Lodge, who shall be disabled by sickness or bodily injury from following his usual occupation, or otherwise earning a livelihood for himself; provided such disability be not the result of his own vice or immorality; provided, however^ that Grand Lodges may provide that when a member shall have received one full year's benefits, the weekly benefits thereafter to such mem- ber maybe fixed at not less than one dollar per week; pro- vided, further, that any Subordinate Lodge may provide by by-law that no benefits shall be paid for the first one week or two weeks of such sickness or disability. — 1892 S. G. L. Jour- nal, 13054, 13139, 12787, 13150, 13195; 1896 S. G. L. Journal, 15062, 15090. 325. Benefits must be uniform in a Lodg-e. Benefits must have a uniform operation upon all beneficiaries occupying the same relation to the Lodge — to the brothers, for example, of the same degree, equal amounts. — 1872 Journal, 690. NoTK. — A Lodge cannot provide by than to other members) to persons its Coustitution that members admit- who are over fifty years of age when ted free of charge bhall not be enti- admitted, except under the provisions tied to benetits; nor for the payment of the law they may provide for the of nominal benefits (a less amount admission of non-beneficial members BENEFITS. 131 —(1880 S. G. L. Journal, 8211, 8337, 8440). Diflferent rates to members of the same degree not allowed. — (1888 S. G. L. Joiirnal, 11102, 11368, 11396). It is not legal for a Lodge to pabs a by law making a part of its membership beneficial after three months' membership and another part not beneficial nntil after six months' membership— (1895 S. G. L. Journal, 14250, 14489, 14570). 326. Subordinate Lodg-e sovereig-n in what respect. In payment of sick and funeral benefits, the Subordinate Lodge is sovereign both as to the amount of such benefits and in the disposition of the same, so long as the benevolent and charit- able features that underlie the institution of Odd Fellowship are complied with, and the enactments of the Grand Lodge and of the Sovereign Grand Lodge in that connection are obeyed. — 1875 Journal, 292, 295; 1864 S. G. L. Journal, 3685, 3698; 1875 S. G. L. Journal, 6560, 6591; 1892 S. G. L. Journal, 13054, 13139. NoTK. — Lodges maj' make By-Laws providinji that after members shall have received or shall thereafter re- ceive :i specified amount of benefits, the benefits shall be reduced, and they may also provide that after a brother has been sick and in the re- •ceipt of benefits for a specified time, his benefits shall be reduced to another specified amount of weekly benefits, but subject to the general miuiinnm benefit law of the Sovereign ■Grand Lodge-( 1871-1875-1880-1881 8. G. L. Journal, 5139, 5234-6574, 6641-8.T29, 84.39-8646, 8707; 1802 S. G. L. Journal, 13054, 131.39, 12787, 13150, 13195). A Grand Lodge may reduce the minimum benefits to $1.00 after the first year by a general law passed, or a Grand Lodge may ap- prove the By-Laws of a Lodge so fix- ing them. TLe power to enable its Subordinates to pass such a B3'-Law is vested in a Grand Lodge— (1896 S. G. L. Journal, 14682, 14948, 15019). A By-Law approved bj' its Grand Lorlge fixing the benefits to be paid at $1.00 per week after the first fifty weeks, may, if so worded, embrace the weeks a brother is sick before, as well as after, the passage of the By- Law, he being sick at the time of its passage — (1896 S. G. L. Journal, 14682, 14948, 15019). 827. Benefits reduced after a captain amount. A Lodge adopted By-Laws, in 1892, to tlie effect that, after a brother had drawn benefits to the amount of $200, he should Ikj entitled to only four dollars per week. Years before this By-Liw was adopted, a brother drew sick benefits for a certain length of time. Subsequent to the adoption of the By-Law mentioned, the brother was taken sick, and when, in such case, the benefits which he draws in this last sickness amounted together, with what he drew prior to the adoption of the By- 132 BENEFITS. Law named, to the sum of $200, it is lawful for the Lodge to reduce the brother's sick benefits to four dollars per week. Such By-Laws are valid.— 189.5 Journal, 23, 195, 196, 236. 328. Benefits reduced while a brother is sick. A brother who has been sick for nearly four years, is a member of a Lodge which changed its By-Laws to the effect that after a brother has been sick for twenty-six weeks, the weekly benefits shall be reduced from $7.00 to $4.00 during the remainder of such sickness. Immediately upon the approval of this By-Law by the Committee on Laws of Subordinates, the sick brother's benefits are reduced from $7.00 to $4.00. —1896 Journal, 410, 588, 629. 329. Consolidation of Lodges. The By-Law of a Lodge which provides that, " after any member has received from this Lodge a sum aggregating five hundred dollars for sick benefits, he shall thereafter be entitled to receive only four dollars per week," can, as to brothers who become members thereof, by consolidation of their Lodges into said Lodge, apply only from the date of the consolidation. The benefits which were paid by the Lodge which ceased to exist, cannot be considered or taken into account under such By-Law. — 1895 Journal, 26, 189, 234. 330. Candidates cannot waive benefits as to certain sickness. A Lodge cannot enter into an agreement with a candidate for admission by card who is afflicted with paralysis, to the effect that said candidate, if admitted, shall not receive sick benefits on account of any disability which may result directly or indirectly from such paralysis. — 1895 Journal, 24, 185, 235. .331. The same. A Lodge cannot make an agreement with an applicant for admission by initiation, who was at one time subject to spells of insanity but has been well for some time past, that in case he should become insane again he shall not be entitled to benefits.— 1884 Journal, 22, 116, 153. Note, — Neither has a Lodge the agreement being void would not re- right to initiate a man suffering from lease the Lodge from the obligation a chronic disease upon the applicant to pay benefits, nor would the brother signing an agreement not to claim be liable to trial and expulsion for a benefits in consequence of disability violation of it.— (1870 S. G. L. Jour- or sickness by said disease. The nal, 4915, 4925). BENEFITS. 133 332. Agreement by candidate to waive benefits illegal. No Lodge shall enter into an agreement with an applicant for admission whereby such applicant, while agreeing to pay all dues as other members, waives all rights to pecuniary benefits. Such an agreement on the part of the individual not to claim benefits would not release the Lodge from the obligation to pay tbem.— 1883 Journal, 1003, 1150, 1175; 1870 S. G. L. Journal, 4915, 4925. 333. The same— Age of candidate. The age of a can- didate for initiation cuts no figure in regard to benefits. He would be entitled to benefits if sick and in good standing, and could neither be deprived of them nor enter into an agreement with the Lodge, previous to admission, not to receive them. — 1888 Journal, 1023, 1111, 1130. NoTK.— A by-law of a Lodge de- void.— (1895 S. G. L. Journal, 14248, priving a member of beuetits after 14489, 14570). reaching the age of 65 is illegal and 334. Who entitled. Every member qualified as required by the By-Laws shall, in case of being disabled by sickness or bodily accident from earning a livelihood, be entitled to, and may receive such weekly benefits as may be fixed by law, from the funds of the Lodge, which shall in no case be less than four dollars per week for third-degree members; provided, that all payments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the payment of dues, assessments and fines in the order in which they become due, but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. — Constitution Subor- dinates, Art. IV, Sec. 2. Note.— Benefits are payable weekly— (1893 S. G. L. Journal, 13443, 13565). 335. Funeral and sick-benefits, how regulated. The funeral and 8ick-l)enefit8 shall be regulated by the By-Laws of the Lodge, and all orders drawn for the above benefits shall be by vote of the Lodge. — Constitution Subordinates, Art. IV, Sec. 4. 336. Terms and conditions. Lodges have a right, sub- ject to tlie laws of the Grand Lodge and the Sovereign Grand 134 BENEFITS. Lodge, to prescribe by their B3^-Laws the terms and conditions upon which their members are entitled to benefits. — 1860 Jour- nal, 50. 337. May [limit benefits to Third-degree members. A Lodge may provide in its By-Laws that none but Third- degree members shall be entitled to weekly benefits. — Constitu- tion Subordinates, Art. IV, Sec. 2. Note. — A law of a Subordiniite pro- titled to no beuetits— (1877 S. G. L. viding for the payment of beneHts to Journal, 7363, 7451). May limit ben- degree members only is valid and etits to third degree members— (1872 binding. Under such a law, members S. G. L. Journal 5280, 5919, 5950). who have received no degrees are en- 338. Blay provide for weekly benefits in each degree. The By-Laws of a Lodge may provide for the granting of weekly benefits to a brother of the initiatory, first and second degrees.— 1884 Journal, 13, 116, 153. 339. May increase or reduce the rate of benefits. A Subordinate Lodge has the right to regulate the rate of benefits to members, and may increase or reduce the same. A member takes his benefits subject to any and all amendments and changes in the By-Laws. — 1872 Journal, 690, 691. 340. May amend By-Laws concerning- benefits. A Lodge has the right to amend its By-Laws affecting benefits at any time, so long as the amendment or By-Law is uniform in its operation. This law is equally applicable to the widows of deceased Odd Fellows.— 1883 Journal, 1137, 1139, 1174; 1880 S. G. L. Journal, 8330, 8439; 1881 S. G. L. Journal, 8647, 8708. Note. — A Lodge cannot, by tacit of benefits to which he is fairly en- consent of its members, keep in force titled by the existing law — (1857 S. G. a By-Law which has been actually re- L. Journal, 2790, 2827). pealed, and deprive thereby a brother 341. Reducing benefits. A Lodge can reduce its benefits by changing the By-Laws, which requires a vote according to the Constitution. It cannot reduce them one-half for six months or a year simply by a vote of the Lodge. A Lodge must not disregard its own By-Laws. — 1897 Journal, 806, 1030, 1054. BENEFITS. 135 342. The same. When a Lodge changes its By-Laws, re- ducing benefits of a member who has drawn them for twenty- six weeks, or any specified time, said By-Law applies to that brother and all brothers immediately; the same rule would apply if the benefits were raised.— 1897 Journal, 806, 1080, 1054 343. When amount chang-ed, it applies to sick and well alike. When a Lodge changes the amount of weekly benefits, all the members, sick and well, are equally affected. — 1863 Journal, 366, 410, 421. Note.— But after benerits have ac- the benefits that have accrued— (1882 crued to a brother, a Lodge cannot, S. G. L. Journal, 8838, 9025, 9101). by its action, reduce the amount of 344. Lodge may fix amount of benefits, provided. A Subordinate Lodge has the right to fix the amount of bene- fits to be paid its members, provided the amount be not less than that provided in Article IV, Sec. 2, Constitution of Subor- dinates. — 1877 Journal, 582, 675, 697. Note. — And provided the amount sick, etc., should be entitled to re- is not less than the amount fixed by ceive four dollars per week, it was the general minimum benefit law of held that the Lodge had the right to the Sovereign Grand Lodge. See adopt a By-Law to paj' ^ix dollars as Section 324 of this Digest. Where the greater sum included the lesser. the Subordinate Constitution pro- (1884 S. G. L. Journal, 9633, 9707, vided that every bona fide member, if Metropolis Lodge Appeal). 345. First week's sickness. A Lodge may provide in its By-Laws that benefits shall not be allowed for the first week's sickness. — Constitution Subordinates, Art. IV, Sec. 2. 346. When benefits shall commence, and who enti- tled to. Such benefits shall commence six months from the date of admission to membership in this Lodge, whether the same be by initiation, deposit of card, as an Ancient Odd F' el- low, or by dismissal certificate; provided the brother shall have attained the degree required by the By-Laws; and all brothers, if otherwise qualified, shall be entitled to benefits if not more than thirteen weeks in arrears for dues, assessments or fines. — Constitution Subordinates, Art. IV, Sec. 2. 347. Power of Lodg^e as to arrears and benefits. The provision of Section 2 of Article IV^ of the Constitution of 136 BENEFITS. Subordinates merely fixes the minimum period of delinquency in the payment of dues, etc., for which a brother may be deprived of benefits. Lodges may, in their By-Laws, fix a longer period for such delinquency. — 1893 Journal, 389, 427, 430. 348. The same— It is a valid provision. The provision of Article IV, Section 2, of the Constitution of Subordinates, where it is prescribed, among other things, that "benefits shall commence six months from the date of admission to member- ship," etc., does not conflict with any law of the Sovereign Grand Lodge.— 1883 Journal, 1003, 1150, 1175; 1872 S. G. L. Journal 5280, 5919, 5950. 349. Construction of Section 2, Article IV. Section 2, Article IV, of the Constitution of Subordinates, applies to all members who join the Lodge, be it by initiation, deposit of card, or otherwise. — 1892 Journal, 15, 97, 103. 350. When sick benefits accrue. Sick benefits accrue and become payable weekly. — Briggs vs. Lodi Lodge, 1897 Journal, 963, 977. 351. Must be a member six months to receive benefits. It is not legal to pay a brother benefits until he has been a member of the Order six months. — 1888 Journal, 1025, 1111, 1130; 1886 Journal, 538, 620, 646; Smalls vs.. Cedarville Lodge, 1888 Journal, 1032, 1122, 1152. 352. Brother suspended for non-payment of dues, re- instated, and the six months limit. A brother having been suspended for non-payment of dues, was thereafter reinstated on February 2nd, 1895. On February 25th, 1895, he was taken sick. The By-Laws of the Lodge provide that after a brother has been reinstated for non-payment of dues, he is not entitled to sick benefits if taken sick within six months after his rein- statement. Such a By-Law is unconstitutional. The six months' limit provided in Article IV, Section 2, Constitution of Subordinates applies only to brothers admitted to membership by initiation, deposit of card, etc. — 1896 Journal, 409, 588, 629. 353. The same. A By-Law of a Lodge which reads " that members shall not be entitled to benefits until the ex- BENEFITS. 137 piration of six months after admittance," is not applicable to members reinstated. — 1878 Journal, 827, 946, 974. 354. Brothers should not attach another's benefits. It is not consistent with the principles of the Order for a brother to attach the benefits granted another brother, while the benefits are in the hands of the Treasurer of the Lodge. — 1880 Journal, 361, 376; 1894 Journal, 606, 732, 771. 355. The same. Where a Lodge ordered sick benefits to be paid to a brother and another brother leaves the Lodge room and informs a public officer of the same, who enters the Lodge room after the close of the Lodge and attaches the benefits granted to the brother in the hands of the Secretary, it was decided that it is a violation of obligation to divulge the private business of a Lodge to any but Odd Fellows. — 1887 Journal, 777, 875, 888. 356. Proportion of dues to benefits. The Grand Lodge recommends that Lodges do not give as weekly benefits an amount to exceed two-thirds of that collected annually as dues. —1879 Journal, 118, 140. 357. The same— The recommendation is not binding*. it is not obligatory on Lodges to so change their By-Laws that the weekly sick-benefits paid to a member of the Lodge shall not exceed a sum equivalent to two-thirds of the yearly dues paid by said member to his Lodge. The special committee on dues and benefits recommended the adoption of legislation to that effect (1887 Journal, 898), which report was adopted. The necessary legislation to put the recommendation into effect was not had, and it is not, therefore, binding upon the Lodges. — 1888 Journal, 1019, 1111, 1180. 358. When an amendment to By-Laws is disapproved. Where an amendment to the By-Laws of a Lodge is disapproved by the Grand Lodge, the brothers of the Lodge who were sick and were entitled to Vienefits should be granted the same at the rate fixed by the liy-Laws prior to this jiroposed amendment. — Petition of Lowenthal, 1875 Journal, 802. k 138 BENEFITS. 359. Not less than four dollars per week. Since the amendment to the Constitution of Subordinates fixing the min- imum of benefits to Third-degree members at four dollars per week, Lodges are required to pay not less than that amount even though their By-Laws adopted and approved at a prior date provide a less sum. — 1877 Journal, 585, 675, 697. 360. Higher benefits for higher degrees. When a Lodge pays higher benefits for higher degrees, the brother is entitled to the higher benefits whenever he receives a higher degree, provided he has been six months a member of the Lodge. —1885 Journal, 288, 403,432; Constitution Subordinates, Art. IV, Sec. 2. Note. — Tbematter of paying higher bers is left entirely to local legisla- benefita to Third-degree members tiou— (1856 S. G. L. Journal, 2562, than to First or Second degree mem- 2629, 2664). 361. "Benefits" includes both sick and funeral, A strict construction of our laws does not discriminate as to ben- efits in the true adaptation of the term. When the laws do not distinguish between sick and funeral benefits, in alluding to benefits, it covers both. — 1874 .Journal, 15, 115, 116. 362. Benefits illegally paid must be returned. Where benefits have been paid illegally to a brother, the brother may be compelled to pay the amount received by him back into the treasury, and it is the duty of the Lodge to require him to do so.— 1875 Journal, 292, 295. 363. Effect of a brother's change of Lodge. A brother's benefits are affected by his removal from one Lodge to another.— 1857 Journal, 274; 1848 S. G. L. Journal, 1202, 1246; 1849 S. G. L. Journal, 1444, 1492, 1512. 364. Not payable to legal representatives of mem- ber's estate. Benefits are rights personal to the member, his family and dependent relatives, and are not payable to the legal representatives of a member's estate. — Constitution Sub- ordinates, Art. IV, Sec. 2. Note. — The above provision is law- by law for their payment, then the ful, and in case of the death of a Lodge is not bound to pay the money brother entitled to such benefits, to any person — (1886 S. G. L. Jour- leaving no family or dependent rela- nal, 10254, 10487, 10511). tions, and no other provision is made BENEFITS. 139' 365. Not assignable and not payable to executor or administrator. Sick, funeral or other benefits, allowance to defray burial or funeral expenses, relief, donation^ aid, assist- ance or allowance, are not assignable, and are not payable to an executor or administrator. — Constitution Subordinates, Art. IV, Sec. 10. 368. Administrators and executors will not be recog"- nized. Our Order does not recognize executors or adminis- trators as having any claim upon benefits. The Grand Lodge has declared that the claims of executors or administrators to either sick or funeral benefits will not in any manner be recog- nized by the Grand Lodge or its subordinates. — Hardman vs. Yerba Buena Lodge, 1894 Journal, 687, 717; 1885 Journal, 404, 433. Note. — The laws of this Order do lieve and administer to their personal not recognize any claim by legal rep- and present need. If there be de- resentalives, as such for dues to a pendent relatives on his decease, the member, " even when there is no dis- amount due should be paid directly pnteon the question of the right of to such relatives, and in no case to claim in the brother," as such legal his executors or administrators, as in representatives may be relatives in a case there were debts, the executors remote degree, or merely creditors, or administrators must apply these and not the widow, orphan, or de- funds with others to the payment of pendent relatives of the deceased — debts. It is no part of the design of (1859 S. G. L. Journal, 3118, 3135.) our Order to pay such debts— (1875 They are designed for the comfort of S. G. L. Journal, 6563, 0629). a brother and his family, and to re- 367. When our laws do not designate the person ta whom payable. In any case in which neither this Constitu- tion nor the Laws of the Lodge, nor of the Order, designate the person to whom the benefits, expenses, allowance, relief, etc., Bhall he paid, the Lodge nlay determine ihe same. — Constitu- tion Subordinates, Art. IV, Sec. 10. 368. Brothers have no rigpht to resort to courts of law— The decisions of the Lodg-e and the authorities of the Order are conclusive and final. This Constitution and all laws, rules and regulations providing for the granting of sick, funeral and other benefits, or of any aid, relief, assist- ance, allowance, expenses, or money, to any member, wife, widow, orphan, or any person whatever, or providing for the 140 BENEFITS. payment to the Lodge of dues, assessments and demands by a member, are not intended and shall not be construed to create the relation of debtor and creditor, nor to create legal rights, liabilities, nor responsibilities, nor any legal contractual relation, nor to confer any right to enforce the granting or pay- ment of the same by resort to courts of law; on the contrary, all questions, whether of law or fact, relative to the granting, payment or refusal of the same, relate to moral duties or obli- gations, and not to legal ones, and appertain to the sole juris- diction of this Lodge and the authorities of this Order, and their decisions in the premises shall be binding, conclusive and final upon all members, wives, widows, orphans or persons. Every person by becoming or continuing a member of this Lodge consents to and agrees to abide by all the laws and decisions of this Lodge and of the authorities of the Order. — Constitution Subordinates, Art. IV, Sec. 6. 369. A Grand Lodgre cannot undertake the payment of benefits. It cannot assume the payment of sick-benefits in its jurisdiction, and tax all its members to provide a fund for that purpose; nor can it form such a fund, to which such Lodges as choose may contribute such sums as the Grand Lodge may name, to be paid as sick-benefits to members of such contrib- uting Lodges.— 1892 S. G. L. Journal, 12791, 13050, 18075. 370. Penalty as to disability occurring* after arrears paid. A brother is indebted to the Lodge, one year's dues, twelve dollars, and on receiving notice of his indebtedness, he pays up in full. The Lodge oannot by its By-Laws deprive the brother from receiving benefits for six months thereafter. The following proposed By-Law of a Subordinate Lodge, the Grand Lodge disapproved and disallowed: "A member of this Lodge being in arrears more than thirteen weeks shall be punished with two weeks exclusion from weekly benefits of this Lodge; more than six months arrears shall be punished with four weeks exclusion from benefits; more than nine months arrears shall be punished with eight weeks exclusion from benefits; and more than eleven months arrears shall be punished with thirteen weeks exclusion from benefits. This exclusion shall commence from the date of payment of arrears." The Grand BENEFITS. 141 Lodge of the State of California in the exercise of its authority, does not allow such penalties in this jurisdiction, but it may permit the same if it see fit, as appears by the note to this sec- tion.— 1891 Journal, 585, 690, 716; Memorial of Germania Lodge, 1890 Journal, 385, 410, 436; 1896 Journal, 409, 588, 629. NoTK.— Subordinates may provide provided as a penalty.— (1877-1879- by By-Law that members in arrears 1888 S. G. L. Journal, 7462, 7505, shall not be entitled to beneHts until 7909, S072, 8173-11105, 11368, 11.396; a specified time after they shall have 1874 S. G. L. Journal, 7802, 7841). paid up their dues— (1877 S. G. L. Where the By-Laws provide that a Journal, 7347, 7449). A member who brother one year in arrears for dues is in arrears for dues so as to deprive paying his arrearage shall not be en- him of beneHts under the local law, titled to benetits until thirteen weeks cannot become entitled to them until thereafter, the Lodge is not bound to he shall have paid op in full all dues pay him benefits until the thirteen and fines (weekly and funeral) that weeks have expired after such pay- have accrued against him, nor then ment— (1874 S. G. L. Journal, 6178, until the expiration of such time 6264). thereafter, as may also by the laws be 371. Duty of Chairman of Visiting^ Committee. It is the duty, if not in conflict with the By-Laws, of the Nohle Grand as Chairman of the Visiting Committee to announce to the Lodge w:hether a brother who has been reported sick is entitled to benefits.— 1875 Journal, 301, 300. 372. Lodge determines when benefits shall cease. The Visiting Committee of a Lodge reports as to the physical con- dition of a brother, but the Lodge determines when the brother's benefits shall cease.— 1882 Journal, 741, 844, 879. 373. Reports of Visiting* Committee. It is illegal for a Lodge to insert in its By-Laws a provision that no benefits shall be paid without a report of the Visiting Committee. While it is proper to require that appropriate committees shall visit the sick, render such assistance as may be required, and report fully in respect thereto, and to inflict such penalties upon the members of those committees who shall fail, without adequate excuse, in the performance of the duties imposed upon them, it cannot make a member's right to sick-benefits, or the prompt payment of the same to him, contingent upon the performance or non-performance of duties by others who may happen to be members of a committee or officers of the Lodge. — 1896 Jour- nal, 634, 568, 659. 142 BENEFITS. 374. Donation not a benefit, when. Where a donation is made to a brother in arrears, and the By-Laws of the Lodge read, " The Treasurer shall deduct all dues from benefits," the donation is not a benefit in this sense, and cannot be so consid- ered.— 1871 Journal, 366, 445, 471. 375. Action on report of Visiting* Committee. The report of the Visiting Committee, like the report of ordinary committees or a member thereof, is only a recommendation or report, and it is for the Lodge to determine whether it will acquiesce in or accept the report. — Matter of Phelps, 1893 Journal, 407, 424. 376. Grand Lodg^es and Subordinates control as to arrears depriving* of benefits. State Grand Lodges, and they alone, are authorized to declare in their several jurisdic- tions what sum of dues and what length of time a brother shall be in arrears to constitute him non-beneficial, whether it be one or thirteen weeks, or longer; but when no such declaration is made by State Grand Bodies, Subordinates, by their By- Laws, may fix the sum or the length of time. — 1884-1893 S. G. L. Journal, 9502, 9734, 9801, 9426, 9466. 377. Drafts for benefits, and questions of order. A motion to draw a draft for two weeks' benefits involves ques- tions of law and fact, and not of order, especially the question of fact whether the brother had been sick two weeks. It does not fall within the questions of order to be decided by the Noble Grand; 'its determination appertains to the Lodge. — Matter of Phelps, 1893 Journal, 407, 424. 378. Aged, infirm and indig-ent members. Grand Lodges may, by appropriate legislation, make such provision for benefits for aged, infirm and indigent members as they may deem proper.— 1884-1887 S. G. L. Journal, 9733, 9800, 10943, 10980. 379. Certain by-law as to benefits valid. A by-law which contains the following provision, to wit: " No member who is in arrears for weekly or funeral dues for more than thirteen weeks shall be entitled to benefits, provided that any BENEFITS. 143 member living more than five miles distant from the Lodge shall be granted four weeks additional time in which to receive benefits," is not in conflict with the laws of the Order. — 1889 Journal, 31, 144, 162. 2. WHEN ENTITLED TO BENEFITS. 380. When not more than thirteen weeks in arrears. All brothers, if otherwise qualified, shall be entitled to benefits, if not more than thirteen weeks in arrears for dues, assessments or fines; provided that all paj^ments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the payment of dues, assessments and fines in the order in which they become due; but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. — Constitution Subordinates, Art. IV, Sec. 2. 381. The same— The minimum of delinquency. The provisions of Section 2, Article IV', Constitution of Subordin- ates, which reads, "and brothers, if otherwise qualified, shall be entitled to benefits if not more than thirteen weeks in arrears for dues assessments or fines," merely fixes the minimum of delinquency in the payment of dues, etc., for which a member may be dej)rived of benefits. Lodges may, in their By-Laws, fix a longer period of such delinquency. — 1893 Journal, 427, 430. 382. A Lodge may provide for payment of benefits during membership. A Lodge may provide in its By-Laws for the payment of benefits to members who are more than thirteen weeks in arrears for dues. A Lodge may provide for the payment of benefits as long as the brother is a member of his Ix)dge. A Lodge cannot, however, refuse to pay benefits to a member who is not more than thirteen weeks in arrears for dues.— 1888 Journal, 1020, 1111, 1130; 1890 Journal, 449, 450. 383. Must be over thirteen weeks in arrears to deprive of benefits. The clause in the By-Laws of a Lodge as folh)W8, " All l>rothers, if otherwise qualified, shall be enti- tled to benefits until more than thirteen weeks in arrears for dues, assessments or fines," does not mean that if a brother is more than thirteen weeks in arrears he shall not be en- 144 BENEFITS. titled to benefits. It simply means that a brother must be at least thirteen weeks in arrears before benefits can be denied him on account of being so in arrears. A Lodge cannot deprive a brother of benefits until after he is more than thirteen weeks in arrears, but may grant him benefits as long as he is a mem- ber of the Lodge, if the By-Laws so provide. — 1884 Journal, 158, 168. 384. The same. A brother who is not more than thirteen weeks in arrears for dues, fines or assessments cannot be denied benefits. The By-Laws of a Lodge cannot provide that less than thirteen weeks' arrears shall deprive of benefits. A by- law which does not deprive a brother of benefits until he is twenty-six weeks in arrears is constitutional and valid. — 1897 Journal, 805, 1030, 1031, 1055. 385. After six months' membership, when sickness commences prior thereto. A brother taken sick prior to having been a member of the Lodge six months, and his sick- ness continues, is to be regarded as having been taken sick, so far as his right to benefits is concerned, at the expiration of six months from the date of his admission. — 1889 Journal, 31, 122, 163. 386. The same. Where the By-Laws provide that a brother shall be a member six months before being entitled to benefits, and the brother falls sick before the expiration of the first six months of his membership, and such sickness continues beyond such six months, the brother, if otherwise qualified, becomes entitled to benefits immediately upon the expiration of the six months.— 1869 Journal, 83, 107. 387. For first week's sickness. Unless there is a pro- vision in the By-Laws to the contrary, under the provisions of the Constitution, a Subordinate Lodge must pay benefits for the first week's sickness.— 1893 Journal, 278, 384, 420. 388. Brother in g^ood standing*. A brother in good standing is entitled to benefits during all of the time of his sickness. A Lodge can, however, regulate the amount to be paid, subject to the provisions of the Constitution. — 1880 Jour- nal, 333, 373. BENEFITS. 145 389. Effect of receipt for dues. .When the Secretary gives a brother a receipt for dues for a longer time than he is entitled to, such receipt holds good as to the brother's standing in the Lodge until the brother is notified of the error contained therein.— 1889 Journal, 34, 122, 163. 390. Not informing* Secretary of chang-e of residence and penalty. A brother can only be deprived of his benefits in the manner provided by law. The Lodge may, it is true, impose a fine on a brother for not informing the Secretary of his change of residence, but it cannot forfeit, as a penalty, the benefits to which a brother is entitled. — 1880 Journal, 333, 373. 391. Third Deg-ree members. As soon as a beneficial brother becomes a Third Degree member he becomes entitled to Third Degree benefits. — Williams vs. Yerba Buena Lodge, 1889 Journal, 136, 160. 392. Cannot refuse on account of chang-e of residence. Full benefits cannot be refused for the reason that members propose a temporary residence in some other place in which a change in their ordinary occupation would increase the risk of life or health; nor because sickness accrued in a more danger- ous clime than that in which the Lodge is located, and a Sub- ordinate has no right to enact a By-Law that members in the receipt of benefits shall forfeit the same in case they leave the vicinity of the Lodge, nor to prohibit its members from going to any point to which their interest may take them, or their welfare or comfort demand. — 1851-1855 S. G. L. Journal, 1712, 1739, 1798-2494, 2508, 2521; 1852 S. G. L. Journal, 1845, 1885, 1948; 1877-1886 S. G. L. Journal, 7401, 7477-10255, 10521, 10659. 393. Brother receiving: salary during sickness. A brother who receives a salary amply sufficient to maintain him- self and family, and becomes sick and disabled, is entitled to benefits until he again becomes able to follow the business for which he receives the salary.— 1882 Journal, 741, 844, 879. 894. In military service. A brother in good standing, who is in the military service and is taken sick, but receiving 10 146 BENEFITS. his full pay and rations, is legally entitled to benefits. — 1866 Journal, 219, 230. 395. During suspension or expulsion. When a brother has been illegally expelled or suspended, and is afterwards restored by action of the Grand Lodge, he is entitled to sick benefits during the-time of his expulsion or suspension, in case of sickness. — 1864 Journal, 574. 396. Brother's private and financial affairs. A Lodge has no right to inquire into the private affairs of a brother. If he is in good standing at the time of being taken sick, he is entitled to the benefits provided by the By-Laws of his Lodge, and the Lodge is bound to pay them. It makes no difference whatever, whether the brother is in need or enjoying a compe- tence.— 1866 Journal, 219, 230; 1875 S. G. L. Journal, 6350, 6619, 6692. 397. Brother cannot waive benefits. A Lodge has no right to dispense with voting a brother benefits who is entitled to the same, even if he files with the Lodge a written waiver or release to the same, when the Constitution of Subordinates is as follows: ''All brothers sick shall be entitled to and receive such weekly benefits," and the By-Laws of the Lodge further providing that " the following weekly benefits shall be paid." — 1864 Journal, 525, 545. 398. Insane entitled to benefits. Where a member in good standing in his Lodge becomes insane, he is entitled to sick benefits. If he is sent to an asylum he is entitled to sick benefits while in that institution. — Matter of Vickery, 1896 Journal, 575, 617; 1870 Journal, 188, 255. Note. — It is the bounden duty of of that institution, is entitled to bene- Lodges to extend the same benefits to fits — (1882 S. G. L. Journal, 8953, lunatics as are given to those who 9081). An insane brother supported suffer from bodily infirmity — (1853 at public expense is entitled to bene- S. G. L. Journal, 2137, 2177). An fits. (1886-1887 Journal, 10387, 10391, insane brother in a State Lunatic 10441, 10474-10712, 10951, 11005). Asylum, and in the exclusive charge 399. When benefits of insane brother paid to gruar- dian. A brother taken sick, who is insane and has had a BENEFITS. 147 guardian appointed by a court, and he being unmarried and no near of kin residing in the State, is entitled to benefits, which must be paid to his guardian. — 1872 Journal, 575, 665, 684. 400. Insane brothep and absent guardian. A guar- dian appointed by a court of this State of an insane brother, who has no dependent relatives, and is not in an asylum, but with a private family, departs from this State and becomes a resident of the State of Kansas, and gives a power of attorney to a brother who is Secretary of a General Relief Committee, under whose care the insane brother is, to collect the sick benefits; the same may be paid to such attorney, but the court should be apprised of the fact that the guardian has perma- nently removed beyond the jurisdiction of the court. — 1895 Journal, 26, 27, 195, 196, 236. 401. Insane brother. Benefits must be paid to an insane brother as freely and as fully as in any other case of incapacity of obtaining a livelihood; and the plea that "benefits are not payable to the legal representatives of a member's estate," does not avail while the member is still living, and so is his own estate. — Appeal of General Relief Committee of Stockton vs. Sacramento Lodge, 1882 Journal, 878; 1882 S. G. L. Journal, 8953, 9081; 1883 Journal, 1074. 402. Attempted suicide while insane. Where the By- Laws of a Lodge contain this provision, to-wit: " Sickness re- sulting from intemperance or immoral conduct, shall not entitle a member to benefits," and the brother attempts suicide and is reported sick to the Lodge, he is not entitled to sick benefits, if at the time of his attempted suicide he was of sound mind, as in that event he would be guilty of immoral conduct. But if a brother attempts suicide while insane or under an insane im- pulse, he should receive our commiseration and friendly offices and is entitled to benefits. The Lodge should determine the question upon the circumstances of each case, considering the brother's acts in the spirit of humanity and mercy. — 1882 Journal, 738, 844, 879; 1884 Journal, 14, 116, 153. 403. Benefits of insane brothers, how paid, and to whom. Resolved, That when a brother of this Order entitled 148 , BENEFITS. to benefits, shall become insane and shall be confined in an insane asylum, and while therein shall be supported at public expense, the Lodge of which said brother may be a member, shall, at least once in every month, pay to the Grand Treasurer of the Grand Lodge under which said Lodge holds its charter, the benefits due such brother, which said money shall be held by such Grand Treasurer as a trust fund for the support of such brother, when required therefor. The money so deposited shall be paid out by such Grand Treasurer upon the order of the Grand Master having immediate jurisdiction of such Lodge. If such insane brother shall be discharged as sane, the money remaining of such fund shall be paid over to him in the manner hereinbefore directed; provided, however, that if said brother shall die while insane, if any of the money so deposited shall remain in the hands of such Grand Treasurer, and there shall be no heirs entitled to inherit, the money so remaining, if not claimed by his heirs within six months from the death of such brother, shall be repaid to the Lodge depositing the same, and the same thereafter shall be the property of such Lodge. In like cases, where money has heretofore been paid to any Relief Committee or Grand Master, such committee or Grand Master shall immediately deposit the money so received, as hereinbefore directed, to be held, used and disposed of as a trust fund in the same manner and for the purposes aforesaid; provided, however, that in case such insane brother has dependent relatives, the Lodge to which the brother belongs may use its discretion as to the payment of a brother's benefits to such relatives, instead of as provided by this resolution. — 1884 Journal, 109, 117, 152. But if the Lodge should pay the brother's benefits to his wife, and the brother should recover, he cannot in such case compel the Lodge to pay the benefits a second time. — 1882 Journal, 720, 844, 877. 404. Aged brother and softening' of the brain,— An aged person, incapacitated to work or earn a livelihood by soft- ening of the brain, is entitled to benefits. It may be true that aged persons are more liable to such an affliction than others, still this does not change the fact that softening of the brain is a disease, or lessen the fraternal oljligation, to pay to the aged sufferer the benefits to which the sick are entitled, under the BENEFITS. H9 laws of our Order. — Stratton vs. Channel City Lodge, 1896 Journal, 526, 55S. 405. Donation and mistake as to brother's standing-. Where donations have been made to a brother in lieu of bene- fits ( it not being clear that the brother is legally entitled to benefits, and the donations not having been made to put the brother in standing, but to afford him relief because he was sick), and it subsequently appears that the brother was entitled to benefits, the said benefits should be paid to the brother less the amount of the donations. — Holbrook vs. Pajaro Lodge, 1884 Journal, 31, 128, 154. 406. Reported out of care, and a relapse. A brother in good standing who had been sick for some time, when con- valescing and nearly well desired to be and was reported out of care. Shortly after, there was a relapse in his disease, which wholly incapacitated him from attending to any business. He is as much entitled to sick-benefits under this relapse and con- sequent incapacity as if he had been actually and fully restored to health and subsequently prostrated by the same or any other disease.— 1872 Journal, 576, 665, 684. 407. Benefits improperly obtained at a previous time. If a brother at some previous time obtained benefits by falsely pretending sickness, such conduct is a proper subject for charges against the brother; but, in the absence of such charges, it cannot be suflficient to defeat the brothers's claim for subsequently accruing benefits, without other evidence relating to the time for which such subsequent benefits are claimed. — Jackson vs. California Lodge. 1885 Journarl, 421, 435. 408. In case of blindness. A brother in good standing who by sickness or accident has become blind, is prima facie entitled to benefits, although in other respects his bodily health may be good. If such a brother has, or can reasonably obtain any occupation whereby he can make a living, he would not be entitled to benefits. This, however, cannot be presumed, but must be made to appear affirmatively. — 1881 S. G. L. Journal, 8736, 8798; 1885 Journal, 373, 101. 4^,1. 150 BENEFITS. 409. When brothers pay arrears. Where a brother, being in arrears eleven months, notified in time, pays after the lapse of twelve months (without being read out) eight dollars on his indebtedness, he will be entitled to benefits at once, if the payment places him in good standing. — 1886 Journal, 610, 636, 648. (See Sections 370, 352 and 346 of this Digest.) Note. — But payment of arrears brother to benefits during that sick- while sick does not reinstate a brother ness. —(See Section 413). in good standing so as to entitle sick 410. Shall beg-in from what date. A by-law reads: "No member shall be entitled to benefits for more than one week prior to being reported sick to the Lodge." The same by-law further provides that the brother must be reported to some officer of the Lodge. The Lodge having directed by its By-Laws that a brother taken sick will have discharged his duty by reporting to an "officer of the Lodge," the Lodge must iake that day as determining the date of sickness. — 1890 Jour- nal, 401, 412, 435. 411. A brother beneficial at commencement of his sickness. A brother who is beneficial at the commencement of his sickness cannot be deprived of benefits during that sick- ness, though he becomes in arrears, as it is the fault of the Lodge in not retaining so much of his benefits as would keep him in good standing during such sickness. — 1857-1880 S. G. L. Journal, 2700, 2764, 2810, 8461. 412. Dues paid, and Secretary fails to report the same to the Lodge, but embezzles the money. If a mem- ber pays his dues to the Financial Secretary during the week, and the Financial Secretary fails to report said payment to the Lodge and embezzles the money, the Lodge is responsible for the loss, and if a member, through such neglect of the Finan- cial Secretary, falls in arrears, he is entitled to benefits; and if the Lodge, by resolution, had prohibited the Financial Secretary to receive dues except in open Lodge, the Lodge nevertheless would be responsible for any future loss, in such cases where the Financial Secretary receives the dues during the week. — 1878 Journal, 951, 957, 974, 975. BENEFITS. • 151 3. WHEN NOT ENTITLED TO BENEFITS. 413. Payment of arrears while sick does not entitle sick brother to benefits. A brother who is not entitled to sick, funeral or other benefits, by reason of non-payment of dues or demands against him, cannot, during his sickness, by the payment of arrearages, reinstate himself in good standing, so as to be entitled to benefits during that sickness. — Constitution Subordinates, Art. IV, Sec. 10; 1859 Journal, 472; 1863 Jour- nal, 422; Landers vs. San Francisco Lodge, 1870 Journal, 230, 232; Burtt vs. Red Bluff Lodge, 1883 Journal, 1010, 1166,1180; Herman vs. Cayucos Lodge, 1895 Journal, 166, 184; 1848-1854- 1858 S. G. L. Journal, 1318-2311, 2346-2859, 2925, 2963. 414. The same. A donation of dues. Where a Lodge donates a sick brother the full amount of his dues, the brother being in arrears so as to disqualify him from receiving benefits, he is not entitled to benefits for that sickness. — 1871 Journal, 366, 445, 471. 415. Reinstated while sick. If sickness dates prior to reinstatement, a brother who is reinstated while sick is not en- titled to benefits during that sickness. — 1897 Journal, 844, 994, 1034. 416. Criminal and immoral acts, causes, etc. No benefits shall be paid for any injury or disability received in the commission of a crime or an immoral act, nor for any sick- nes.s or disability arising from any criminal or immoral acts, conduct, causes or considerations, nor in cases where the same contribute thereto. — Constitution Subordinates, Art. IV, Sec. 8. 417. Illness or disability from immoral conduct. Under By-Laws whicli read " that any brother sick or disabled shall receive benefits, provided such illness or disability does not result from his own immoral conduct," it is not necessary that the brother be convicted of the immoral conduct by regu- lar trial upon charges, before the Lodge can refuse benefits on that ground. — Byington 7'^. California Lodge, 1873 Journal, 784, 889, 896; Holland vs. Oakland Lodge, 1881 Journal, 505, 615, 628; 1873 S. G. L. Journal, 5837, 5877. 152 ♦ BENEFITS. 418. Trial on charges not necessary. A trial on charges is not a prerequisite to a denial of benefits.— 1878 Journal, 900, 901; Byington vs. California Lodge, 1873 Journal, 784> 889, 896. 419. Immorality before or after admission as member. The provision in the By-Laws of a Lodge that to entitle a brother to benefits on account of his sickness or disability, such sickness or disability shall not proceed from immoral conduct on his part, is perfectly legal. Therefore, where the By-Laws contain such a provision, it is a prerequisite that the brother'.s sickness or disability was not caused by immorality. It is im- material whether the immoral conduct resulting in such sick- ness was prior or subsequent to the brother's admission to the Lodge. — Kaempffmann vs. Yerba Buena Lodge, 1885 Journal, 398, 425. 420. Immoral conduct, and its consequences. If a brother becomes disabled by immoral conduct, two conse- quences follow: First, he may lose his benefits; second, he may be put on trial and punished. But the Lodge is not com- pelled to try him unless charges are brought against him. It, on the contrary, may deem the loss of benefits a sufficient inci- dental punishment for his conduct, and may decline to prose- cute the matter any further.— 1873 Journal, 784, 889, 896. Note.- -To entitle a sick or disabled quisite that the sickness or disability' member to hisbenetits, besides being was not caused by immorality— (1873 in good standing, it is also a prere- S. G.L, Journal, 5837, 5877.) 421. A fraction of a week. A brother reported sick, and who is sick a fraction of a week, is not entitled to benefits unless the By-Laws of the Lodge provide otherwise. — Matter of Phelps, 1893 Journal, 407, 408, 424; 1880 Journal, 397, 396; 1886 Journal, 534, 620, 645. 422. A brother sick six days. A brother is not enti- tled to a week's sick-benefits vmless he is sick the entire week. The fact that he is sick six days will not entitle him to be allowed a week's benefits.-; 1889 Journal, 28, 122, 163. 423. Visiting" Card, and first week's sickness. When Visiting Card granted, the By-Laws provided for benefits for BENEFITS. 153- first week's sickness, but were changed so that benefits were not payable therefor. The holder of the Visiting Card is not enti- tled to benefits for first week's sickness happening after such change.— 1895 Journal, 42, 185, 235. 424. In arrears. A Lodge may pay benefits to a brother who is in arrears for dues, or may make such a brother a dona- tion, but it cannot deduct such payment or donation from said brother's "funeral expense" at his death. A brother in arrears cannot demand benefits as a right. — 1897 Journal, 809, 1030,. 1054. Note,— The By-Laws fix when ar- Subordinates. (See Sec. 347 of this rears deprive of benefits, subject to Digest.) Article IV, Section 2, Cou.stitutiou of 425. The same. A Lodge may give a brother benefits as long as he is a member, whether in arrears or not, and may da so either by adopting a by-law providing generally for payment of benefits for a specified time after the member shall have been thirteen weeks in arrears, or by the vote of the Lodge directing payment of benefits in a particular case, notwithstanding more than thirteen weeks' arrearage. The right of a Lodge to pay benefits to a brother who is in arrears is unlimited, and may be exercised in any manner the Lodge deems proper. — 1897 Journal, 805, 1030, 1031, 1055. 426. Arrears thirteen weeks for dues. Under a by- law which reads " Any member of this Lodge who is in arrears over thirteen weeks, whether the same be for fines, dues or assessments, shall not be entitled to speak or vote on any sub- ject, nor shall he receive benefits"; a member cannot receive benefits if he owes the Lodge more than thirteen weeks' dues. —-Beach vh. Fortuna Lodge, 1878 Journal, 947, 974. 427. The same— Duty to pay dues. Every brother has ample opi)ortunity to pay his dues before he becomes thirteen weeks in arrears. The responsibility and duty of payment rests upon him, and not upon the Lodge. Where the By-Laws provide that a brother thirteen weeks in arrears shall not be entitled to benefits, and a brother's dues are not in fact paid to the Lodge, or it« officer or officers authorized to receive them, and the brother becomes over thirteen weeks in arrears, he is 154 BENEFITS. not entitled to benefits. — Twitchell vs. Santa Ana Lodge, 1894 Journal, 689, 718. 428. Time, not amount, determines standing*. Time only, and not amount, determines a brother's standing and right to benefits, as well as his liability to suspension for non- payment of dues.— 1885 Journal, 289, 404, 433. 429. Dues in arrears and partial payment. Whether a brother who pays twelve months dues when he owes twenty months dues, and thereafter is taken sick, is entitled to benefits, depends entirely upon the By-Laws of the Lodge. — 1895 Jour- nal, 40, 225, 249. 430. The same. If the Secretary allows a brother's ac- count to run over fifteen months before he notifies him, and the brother remits but one year's dues, he is not entitled to benefits when the By-Laws provide that a member owing over thirteen weeks' dues, etc., shall not be entitled. — 1891 Journal, 584, 686, 715. 431. Member in arrears. No member in arrears more than thirteen weeks when taken sick, is entitled to benefits during the continuance of such sickness if the By-Laws so pro- vide. — Freund vs. Sonora Lodge, 1886 Journal, 659, 662. 432. When arrearages debar from benefits. When the By-Laws of a Lodge specify the time, beyond which a brother in arrears shall not be entitled to benefits, such arrear- ages commence at a date which will equal the full time pre- scribed by the By-Laws, after deducting such length of time as is covered by crediting the last payment. — 1860 Journal, 1086. 433. Sick brother not in arrears— When benefits due. If the Lodge is cognizant of a brother's sickness, and he has complied with the laws of the Lodge, he cannot be in arrears until the benefits due him are liquidated, and all dues should be deducted from the benefits previous to paying the same. — 1864 Journal, 482, 521. Note. — A brother cannot be depriv- sickness, sufficient to place him in ed of sick benefits on the ground that good standing— (1854 S. G. L. Jour- he is in arrears, if the Lodge is in- nal, 2291, 2341; 1897 S. G. L. Journal, debted to him, on account of a prior 15559, 16616). BENEFITS. 155 434. Arrears and ppomissopy note, A brother is not entitled to benefits who is in arrears for dues according to the By-Laws of •his Lodge, notwithstanding the Lodge is indebted to him on a promissory note for borrowed money bearing inter- est— 1866 Journal, 198, 214. 435. Arrears —Officer's salary— Compensation for work and labor. It is a universal rule that the right to benefits depends upon the payment of dues within the time fixed by laAv. Payment is a condition precedent. If a brother perform the duties of a salaried office of a Lodge, or perform services, or work and labor for a Lodge for which he may legitimately be paid, the amount due him must be paid to him, and an order drawn in the usual manner in his favor. When he obtains the warrant or order, he can draw the money out of the treasury, and he has the right to use it in paying his dues; or he has the right to use it for his own purposes, and to decline to appropri- ate it to the payment of his dues. Where a brother or officer is taken sick, who is sufficiently in arrears for dues to debar him from sick benefits, and yet the Lodge is indebted to him for salary or services rendered by him to it, in an amount sufficient to pay his dues, he is nevertheless not entitled to benefits. A Lodge cannot apply any part of the indebtedness for services, etc., to the payment of his dues against his wishes, or without his consent. But when a sick brother is entitled to sick benefits, the Lodge should pay his dues out of the benefits due him, the law being that a sick brother entitled to benefits cannot become delinquent while sick.— 1897 S. G. L. Journal, 15559, 16616. 436. Case where money due cannot be credited. Where two Lodges are owners in common of, and occupy the same building and hall, and have joint trustees to supervise, control, manage and rent, etc., the joint property, and the Trustees employ a brother of one of the Lodges as janitor, the amount due from the joint Trustees cannot be credited on account of the brother's dues on the books of his Lodge, in order to place him in good standing and entitle him to benefits. — Holbrook VH. San Lorenzo Lodge, 1884 Journal, 26, 128, 154. 437. When brother not entitled to. Where the By- Laws provide that "every member shall pay into the general 156 BENEFITS. fund three dollars per quarter, which must be promptly paid on or before the last regular meeting of each quarter," and " no member who is in arrears for dues over thirteen weeks shall be entitled to receive benefits by reason of any payments he may make during his sickness or bodily infirmity," a member cannot receive benefits if he owes the Lodge more than thirteen weeks dues.— 1873 Journal, 870, 892. 438. In appears fop funepal assessments. Where the By-Laws of a Lodge provide that a brother thirteen weeks in arrears for assessments, shall not be entitled to benefits, a brother whose weekly dues are paid, but who is more than thirteen weeks in arrears for a funeral assessment, is not entitled to benefits. — Wettenberg vs. Germania Lodge, 1896 Journal, 576, 637, 638, 639, 617, 618; 1896 Journal, 607, 636, 408. 439. The same. Where the By-Laws of a Lodge read: " No member, shall be entitled to benefits who is over thirteen weeks in arrears for dues, fines and assessments," a brother is not entitled to benefits when his account stands charged with an assessment more than thirteen weeks, although his dues are paid to the close of the current term. — 1882 Journal, 739, 740, 844, 879. 440. Sickness must be pepopted to Lodg-e. A sick brother claiming benefits must report himself, or cause himself to l)e reported sick to the Lodge without delay. — Constitution Subordinates, Art. IV, Sec. 10. 441. In case sickness is not pepoPted. The By-Laws of a Lodge provide as follows: " Any member becoming sick or disabled shall forthwith report, or cause himself to be report- ed, to the Lodge, and no benefits shall be voted l?y the Lodge unless he shall have been previously reported to the Lodge." A member of said Lodge becomes sick or disabled and remains so sick or disabled for over a month; he fails to report, or cause himself to V)e reported, although residing within the jurisdiction of the Lodge. The brother is not entitled to benefits for the length of time that he claims that he was sick or disabled, un- less the brother can show that his sickness was of such a nature that it was impossible for him to have reported himself to the BENEFITS. 157 Lodge, or to have caused a report to have been made in his be- half, and that he did report himself as soon as he was able to do so.— 1890 Journal, 411, 415, 435. NoTK. — The By-Law of a Lodge with it, nor to any case where it is requiring certified notices to be sent impossible for a brother to comply to the Lodge once in a week or two with the requirements. Benefits in weeks, cannot apply to cases in which such cases cannot be withheld— (1856 a brother by insanity or mental sick- S. G. L. Journal, 2621, 2650; 1862 ness is incapacitated from complying S. G. L. Journal, 3470, 3490). 442. When sick brother does not report himself sick till in arrears. Under a By-Law which reads: '• His benefits shall not commence more than one week previous to the time of his being reported," a brother does not become entitled to benefits because he is sick and in good standing, he must also report himself, or cause himself to be reported, to the Lodge as sick, and then his benefits commence from one week prior to this report if he was sick from that time. A sick brother who fails to report himself, or cause himself to be reported to the Lodge as sick, may be said to waive his benefits, but more strictly speaking, by such failure or neglect he does not become entitled to benefits. Where the brother was not in good stand- ing for benefits when he was reported sick to the Lodge, nor was he so one week prior thereto, he was not therefore entitled to benefits notwithstanding he was in good standing when first taken sick. — Abraham vs. Healdsburg Lodge, 1892 Journal, 70, 90. 443. Where requirements of By-Laws not complied with. If a brother does not comply with all the requirements of his Lodge's By-I^aws, in relation to benefits, he cannot enforce their payment whether the Lodge refuses for that reason or not. — Mysell rs. Harmony Lodge, 1891 Journal, 069,6/4; Cooke r«. California Lodge, 1888 Journal, 1088, 1096; Keel rs. Har- mony Lodge, 1891 Journal. 670, 674. 444. Where By-Laws require an attested statement. Those who desire benefits must comply with all the require- ments of their Lodge's By-Laws. Where the By-Laws provide that a member taken sick remote from his Lodge must send or cause to be sent to his Lodge a statement of his case, etc., 158 BENEFITS. attested by the Noble Grand and the seal of some Lodge near him, etc., if he fails to send such statement he cannot enforce against his Lodge his claim for benefits. — Gardner vs. Donner Lodge, 1894 Journal, 691, 692, 718. 445. Where By-Laws require a sworn statement and a doctor's certificate.— Where By-Laws provide that a bro- ther being or residing at a distance from the city in which the Lodge is located, or in another county or state, and claiming benefits, must, without delay, forward to his Lodge a true state- ment of his case, verified by his oath, etc., and attested by certain officers, or shall send to his Lodge a statement or certi- ficate of the cause and nature of the illness or disability, signed by a physician and certified by a certain officer, and if a bro- ther fails to forward or send such statement or such certificate as required by the By-Laws, he is not entitled to benefits and cannot enforce against the Lodge his claim for benefits. — Cooke vs. California Lodge, 1888 Journal, 1088, 1096; Petition of Carl Kruger, 1878 Journal, 919, 920, 953; Levy vs. Golden Gate Lodge, 1888 Journal, 1087, 1096. 446. Where By-Laws require monthly statements. Where a By-Law requires a brother claiming benefits who is absent from the county where the Lodge is located, without de- lay to forward to his Lodge a statement of his case, specifying the sickness and disability to work and the time and probable duration thereof, and attested by the Noble Grand and Secretary, with the seal of the Lodge nearest to his abode, and to furnish such statement monthly; if he fails to send such statement, he cannot enforce his claim for benefits against the Lodge. Those who desire benefits must comply with all the reciuirements of their Lodge's By-Laws in relation thereto. — Keel vs. Harmony Lodge, 1891 Journal, 670, 674. 447. The same— A sworn statement is not conclusive. Where the By-Laws of a Lodge require a brother demanding benefits to forward to the Lodge a sworn statement of his con- dition, the Lodge may refuse the benefits notwithstanding the sworn statement, if the representations contained in the state- ment are false, or the brother is not entitled to benefits. — Cooke vs. California Lodge, 1888 Journal, 1088, 1096. BENEFITS. 159 448. The same— A doctor's statement or certificate is not conclusive. A By-Law of a Lodge providing that a bro- ther, residing at a distance from the location of the Lodge, who claims benefits, must send to the Lodge a certificate or state- ment of a physician of his case, complaint and cause, does not make such certificate conclusive evidence of the facts therein stated or of the brother's right to benefits, and in such case if the facts stated in the certificate are not true or the brother is not entitled to benefits, it is the duty of the Lodge to refuse to grant the same. — Hitz vs. Alisal Lodge, 1877 Journal, 653, 666; Christensen vs. Unity Lodge, 1875 Journal, 287, 295. 449. Brother sentenced to a reprimand. A brother sentenced to a reprimand is not, in case of sickness, entitled to benefits, until he appears in his Lodge for the purpose of receiv- ing his reprimand. — 1893 Journal, 432, 434. 450. By-Law requiring* sic"k brother to report to Visiting" Committee once a week. Where a brother claim- ing sick benefits is under the care of the Visiting Committee and yet able to be upon the street, he must report in person once a week to such committee if the By-Laws of his Lodge so provide, otherwise the Lodge may refuse to grant benefits. The affirmative or burden of proof is always upon the brother claiming benefits, to show that he has complied with the re- quirements of the law under which the claim is made. — Mc Neely vs. Oakland Lodge, 1887 Journal, 899, 904. 451. When brother able to collect debts, settle ac- counts, etc. A member of the Lodge who, though sick and disabled, is yet able to go out and collect debts, settle accounts and make contracts, is not entitled to benefits as a matter of right or legal claim, but the matter is entirely within the con- trol of a vote of the Lodge. — ^1857 Journal, 270, 27-1. 452. When brother can earn a living^. The fact that the brother is disabled by sickness from following his usual vocation is not sufficient to entitle him to benefits, if he can earn a living in another pursuit or business. If he can do so, it is his duty to engage in that other occupation, and not to be a charge upon his I^ge. Each case must be determined by 160 BENEFITS. its own peculiar surroundings. Tlie mere fact that the brother -can hitch up his team and drive it to town, would not, of itself, prove his ability to earn his living by other means than farm- ing.— 1889 Journal, 29, 122, 163. 453. Declining" to receive benefits. A member of a Subordinate Lodge can decline to receive sick benefits which are due to him; said act being in fact a donation by him to the Lodge. After the reception of such declination by his Lodge, in the absence of local legislation, he is forever debarred from further right to demand said benefits. — 1880 S. G. L. Journal, -8343, 8461. 454. Effect of a brother reporting himself out of care. A brother reporting himself out of care, or authorizing the proper officer to do so, thereby abandons any further claim to benefits for that sickness, and if afterwards it is claimed that undue influence was used to induce him to thus declare himself out of care, that influence must not be presumed, but must clearly' appear by competent testimony. A member cannot sleep for years, upon a demand he may claim to have against his Lodge, and then revive the claim thus long abandoned or ignored by himself.— 1862 Journal, 270, 271. 455. Brother able to earn a livelihood while sick. A brother suffering from a chronic disease, or afflicted with a» partial loss of sight, or deprived of the use of an arm, and yet able to superintend a business so as to earn a livelihood, is not entitled to benefits. — Simonton vs. Morning Star Lodge, 1877 Journal, 657, 666. 456. A brother who has a sore hand, etc, A member who has a sore hand but who is able to and does keep his books, superintend his business and make sales, is not legally entitled to benefits.— 1889 Journal, 32, 122, 163. 457. Brother able to superintend business, etc. A brother who has boils on his arm which prevent him from fol- lowing his occupation of blacksmith and carriage maker, artid yet superintends his business and is able to make contracts, •collect debts, etc., is not entitled to benefits. — 1882 Journal, 740, 844, 879. BENEFITS. 161 458. A brother with a chronic disease. A brother in good standing, disabled from following his usual occupation of hard manual labor, but having sufficient means to invest in a business which earns him a livelihood, and being able to visit his place of business daily, the brother being a chronic, is not entitled to receive sick benefits from his Lodge, whether he is under a physician's treatment or not. — 1855 S. G. L. Journal, 2471, 2503; 1857 Journal, 270; 1886 Journal, 610, 635, 648. 459. Renunciation of the Order. An Odd Fellow who renounces the Order, thereby forfeits all benefits to which by law he may be entitled, from the time of such renunciation. — 1881 Journal, 501, 601, 627; 1875 S. G. L. Journal, 6596, 6612, 6689. 460. Infirmity from old age. A brother who has be- come infirm from old age, and who has thereby been rendered incapable of following his usual occupation, is not as a matter of right entitled to benefits, but is the subject of such donations or relief as his necessities may require. It is a question left to the Subordinate Lodges to regulate for themselves. The words, *• or otherwise from earning a livelihood," refer to labor or busi- ness, other than the usual occupation of the brother and not to his physical condition. The framersof the Constitution intend- ed that brothers should reasonably be required to assist them- selves. If not able to pursue their usual occupation, it being such as requires much strength and both hands, they should, if able, employ themselves in some lighter work or occupation. —1883 Journal, 1131, 1132, 1174; Freer's Appeal, 1883 S. G. L. Journal, 9281, 9427. 461. Brother must not delay making his claim. Where the By-Laws provide that, "benefits shall not commence more than one week previous to the time of a brother's being reported to the Lodge, unless the sickness or disability be of such a char- acter as to render it impossible for him to notify the Lodge, in which case the benefits shall accrue from the (;late of disability," a brother is not at liberty to delay the matter for months or years and then make a claim for benefits for such long period, unless the nature of his sickness or disability is such as to make 11 162 BENEFITS. it impossible for him to notify his Lodge. — Dodge vs. Capitol Lodge, 1887 Journal, 856, 866. 462. Holder of Withdrawal Card. The holder of a Withdrawal Card is not entitled to benefits, even in case of accident, on the day after accepting it— 1880 Journal, 258, 359, 375. Note.— A Withdrawal Card voted a efits, whether the card be actually brother severs his connection with taken or not— (1845-1846-1847-1851 ^ the Lodge, and relieves the Lodge S. G. L, Journal, 787, 916, 1080, 1101, granting it from all liability for ben- 1734, 1797). 463. By-Laws take effect notwithstanding* erroneous notice by the Secretary. The By-Laws of a Lodge provided that a brother was entitled to benefits who was not more than twenty-six weeks in arrears. Thereafter, the By-Laws were amended so as to read, "that a member is not entitled to benefits who is more than thirteen weeks in arrears." This amendment was approved by the Committee on Laws of Subordinates on October 21st, 1895. The Secretary notified the members that this amendment was not to be operative until January 1st, 1896. No provision was made, however, in said amendment, that it should not be in effect until January 1st, 1896. After said amendment had been approved as aforesaid, a brother more than thirteen -weeks in arrears for dues, and not twenty-six weeks in arrears, was taken sick. Relying on the notification sent him by the Secretary of the Lodge that said amendment was not to become operative until January 1st, 1896, he claim- ed he was entitled to benefits. The By-Law became operative as soon as approved by the Committee on Laws of Subordinates, even though the Secretary of the Lodge misinformed the brother as to when the By-Law should become operative. This brother knew that such an amendment had been made before he was taken sick, and he was bound by its provisions. — 1896 Journal, 413, 588, 629. 464. Liability of Lodge to pay benefits, limited. A Lodge is not necessarily liable to pay benefits to, or expenses incurred on behalf of a sick brother, merely because he contin- ues to hold membership in the Lodge. — 1869 Journal, 121; 1870 Journal, 302. BENEFITS. 163 465. Effect of undecided charges. The effect of unde- cided charges, when they bear upon the right to benefits, is to suspend the payment thereof until a final decision. — 1858 Jour- nal, 395, 371; 1er of the committee. — Constitution Subordinates, Art. IV, Sec 5; Heinze vs. Charity Lodge, 1887 Journal, 870, 887; McCleery vs. Sacramento Lodge, 1887 Journal, 870, 887. 608. Physicians and evidence. In these investigations, under Section 5, Article IV, Constitution of Subordinates, all the witnesses must appear before the committee and be obli- 172 BENEFITS. gated or sworn. Doctors must be obligated or sworn and give their testimony before the committee the same as other wit- nesses. All evidence for the Lodge or for the claimant must be taken before the committee. It is error for the Lodge to receive, consider and act upon information from doctors not taken before the committee while such an investigation is pending. — Lagrave vs. Franco-American Lodge, 1897 Journal, 961, 977. 504. By whom oaths may be administeped. Any member of the committee may administer the oath to a witness who is not a member of the Order. The member who admin- isters the oath in such investigations in our Order is not re- quired by the laws of the Order to be a public officer or one authorized by the laws of the State to administer oaths. — Sims vs. Grass Valley Lodge, 1890 Journal, 421, 434. 505. Testimony must be taken down and signed by the witnesses. Each witness at the conclusion of his testi- mony, or if the committee adjourn before its conclusion, then at each adjournment, shall have his testimony as taken down by the committee read over to him, and after making such cor- rections thereof as he may desire, shall then sign each page of said testimony. The fact that his testimony has not been con- cluded, shall, in case of adjournment, be noted in the minutes. — Constitution Subordinates, Art. 4, Sec. 5. 506. When the testimony may be taken down by a stenographer. In lieu of the taking down of the testimony by the committee and the signing of the same as herein pro- vided, the same may, by consent, duly signed, be taken down by a shorthand reporter, and as soon as possible thereafter* written out by him in long hand, and duly certified by him to be correct, but any witness may, if he desire, correct his testi- mony after it is so written out, and in such case of correction shall sign the same. The Lodge shall not be liable for the ex- penses of the stenographer, or any part thereof, except it shall have authorized the employment of said stenographer by vote, at a regular meeting prior to his employment. — Constitution Subordinates, Art. 4, Sec. 5. BENEFITS. 173 507. Testimony taken by questions and answers. The testimony of witnesses should be taken by questions and answers. It is not proper to swear or obligate a witness and then without any question permit him to make a statement. — Heinze rs. Sacramento Lodge, 1887 Journal, 870, 887. 508. Power to summon witnesses. A committee ap- pointed under Section 5, Article IV of Constitution of Subordi- nates, to investigate a brother's rights to benefits has the same power to summon witnesses as in the case of regular charges against a brother.— 1880 Journal, 361, 370. 509. Right of cross-examination. No testimony shall be taken without notice, or opportunity for cross-examination by the opposing party. — Constitution Subordinates, Art. IV, Sec. 5. 510. Hearsay and exparte statements and evidence. Hearsay and exparte statements must not be received, but the witness must personally appear and testify, or his deposition must be taken as provided by the laws of the Order. — Constitu- tion Subordinates, Art. IV, Sec. 5. 511. Physician's certificate not admissible. The mere certificate or written statement of a physician is not competent evidence in any case. If the opinion of a physician is in any case required for the purposes of evidence, he should be required to testify as other witnesses are. He should be obligated or sworn, and the adverse party should have the privilege of ex- amining him, if necessary, to test his qualifications as an expert, and also to cross-examine him as to his testimony in chief. — Kaempffmann rs. Yerba Buena Lodge, 1884 Journal, 150, 166; Wilson vs. Templar Lodge, 1887 Journal, 893,904; McNeely ?;.«. Oakland Lodge, 1887 Journal, S99, 904; Robinson rs. Templar Lodge, 1888 Journal, 1142, 1162; Heinze rs. Charity Lodge, 1887 Journal, 870, 887; Perkins vs. Nietos Lodge, 1897 Journal, 1025, 1053. 512. Opinions of persons not physicians. Witnesses who are not doctors, may upon their own personal observation and knowledge, testify or give their opinion that a brother was 174 BENEFITS. or was not sick, or could or could not stand or walk, or perform labor or pursue a business, or follow an occupation or earn a livelihood. Of course on direct or cross-examination all the circumstances known to the witness may be proven or inquired into. The opinions of such witnesses like the opinion of a physician is to receive such weight as under all the circum- stances and evidence it may justly and fairly be entitled to. — McCleery vs. Sacramento Lodge, 1887 Journal, 870, 887. 513. The claimant's health, sickness or condition prior OP subsequent to period in dispute. Where a brother is be- fore an Investigating Committee claiming benefits for a certain period, the committee, for the purpose of allowing the brother to show that he was sick during said period, should allow him to introduce evidence as to his sickness, physical condition and disability to earn a livelihood prior and subsequent to said period. — Dodge vs. Capitol Lodge, 1888 Journal, 1153, 1164. 514. What Investigating" Committee may inquire into. The fact that a Visiting Committee or a brother reports a cause or. reason for not declaring a brother entitled to benefits, or the Lodge assigns a reason or cause for refusing benefits, does not limit the investigation to that cause or reason. If the brother for any reason, be not entitled to benefits, the committee should so report. — Sims vs. Grass Valley Lodge, 1890 Journal, 421, 434. 515. Burden of proof is on claimant. The claimant in these investigations has the affirmative of the issue. The burden is on him to prove that he is so disabled as to be en- titled to benefits. — Alexander vs. Eureka Lodge, 1891 Journal, 689, 716; Woods vs. California Lodge, 1896 Journal, 613, 617; Constitution Subordinates, Art. IV, Sec. 5. 516. When claimant abandons his case. The affirma- tive of the issue is upon the brother who demands the commit- tee, and he must furnish the testimony to maintain said affirm- ative. Should he refuse to do so, it is practically an abandon- ment of his case, and the committee is not bound to investigate further. — Robinson vs. Templar Lodge, 1884 Journal, 137, 154. 517. Pecuniary inducements to feign sickness. In an investigation involving the bona fides of a brother's claim of BENEFITS: 175 sickness, it is perfectly competent and proper to inquire how long and under what circumstances the brother has been sick, and what, if any, pecuniary inducements he may have had to feign sickness. — Clendennin rs. Humboldt Lodge, 1889 Journal, 117, 148. 518. Reports of Visiting* Committee not evidence be- fore Investigating Committee. The reports of the Visiting Committee to the Lodge that a brother is well or is not entitled to benefits because he is attending to business, or is in arrears, or any other reports to the Lodge, are not before the Investi- gating Committee evidence against the claimant or for him as to his sickness or health or ability or inability to earn a liveli- hood or his standing in the Lodge. All these matters depend ilpon the evidence given by witnesses who may be examined and cross-examined and who testify about matters within their own personal knowledge. — Sims vs. Grass Valley Lodge, 1890 Journal, 420. 519. Claimant no right to vote on certain questions. Where the majority of a Committee of Investigation appointed under Section 5, Article IV, Constitution of Subordinates, re- ports that the claimant is not entitled to benefits, and the claimant files a bill of exceptions to the effect that the majority report i? not sustained by the evidence, on a question to adopt the bill of exceptions or on a question to adopt the majority re- port, the claimant has a direct, personal and pecuniary interest in the questions, a direct and distinct interest which separately belongs to him and therefore has no right to vote thereon. — Van Every vs. Sonoma Lodge, 1891 Journal, 661, 674. 520. When vote of disqualified brothers do not affect the result. Where two disqualified brothers voted in oppo- sition to each other on a question to adopt a report, those votes do not affect the result or the validity of the result. — Van Every rx. Sonoma Lodge, 1891 Journal, 661, 674. 521. Agreement as to facts when and by whom per- missible. A Committee of Investigation has no right to enter into any agreement as to facts. They should hear the evidence and reduce it to writing, as required by the Constitution. 176 BENEFITS. When the Lodge is represented by an attorney in these investi- gations, the attorney may enter into such an agreement with the claimant. — Breyer vs. San Jose Lodge, 1888 Journal, 1087, 1096. 522. Notice of report— Two weeks to file exceptions. Upon report being made by the committee to the Lodge, notice thereof shall be given by the Secretary to the claimant, and he shall have two weeks after service of such notice in which to file his exceptions thereto. The Secretary shall file a written cer- tificate or proof of such service. — Constitution Subordinates, Art. IV, Sec. 5. 523. Lodge cannot leg-ally act on report on nig-ht of its receipt. A Lodge cannot legally act upon the report of the Investigating Committee, under Section 5, Article IV, of Con- stitution of Subordinates, on. the evening that the same is presented. The .claimant must be notified of the report and given two weeks after service of the notice within which to file his exceptions. — Stafford vs. Rocklin Lodge, 1896 Journal, 528, 558; Perkins vs. Nietos Lodge, 1896 Journal, 574, 617; Hard- man vs. Yerba Buena Lodge, 1893 Journal, 350, 351, 363. 524. The same— The Lodge's action reversed. When the committee's report is received by the Lodge, notice thereof should forthwith be given by the Secretary to the party against whom the verdict is rendered, and he should have two weeks after notice within which to file his exceptions, and the Lodge should then proceed to pronounce its judgment. Where the report was acted upon the night of its receipt, the Lodge's action was reversed. — Freund vs. Sonora Lodge, 1890 Journal, 382, 388. 525. Report of committee. The report of the committee should be in writing, and should not be acted upon at the meeting at which it is presented, but its consideration should be fixed for some future meeting. Written notice should be given of the filing of the report to the claimant, and he should have two weeks thereafter within which to file with the Lodge a bill of exceptions. — Lagrave vs. Franco-American Lodge, 18^7 Journal, 962, 977. BENEFITS. 177 526. Objects of bill of exceptions— Neg'lect to file. As to the bill of exceptions, Section 5, Art. IV, of the Constitution of Subordinates, is like Section 4, Article VIII, of the same Constitution. The object of the provisions of this section, re- lative to exceptions, is to enable the Lodge to pass upon the errors or objections in the proceedings so that the Lodge may make a just and proper disposition of the case. In order that the Lodge may do this, it is the duty of the brother to call the attention of the Lodge to them, and to point them out in his written exceptions, in his bill of exceptions. A neglect to do this is a waiver of objections and an acquiesence in the report of the committee. — Hayes vs. El Dorado Lodge, 1890 Journal, 385, 414. 527. Failure to file bill of exceptions. If a brother, by waiving all formalities, do not have the testimony and evidence in the record upon which the committee acts, he must be considered as acquiescing in the committee's action. The failure to file a bill of exceptions is an acquiescence in the report of the committee. — Breyer vs. San Jose Lodge, 1888 Journal, 1087, 1096; Smith vs. Stoney Creek Lodge, 1887 Journal, 837, 838. 528. The same. No bill of exceptions having been filed, as provided in the Constitution of Subordinates, the objections made prior to the time within which the bill of exceptions may be filed are waived. — Hayes vs. El Dorado Lodge, 1890 Journal, 385, 414. 529. Action upon bill of exceptions— Judgment of Lodg^e. If a bill of exceptions to the report of the committee be filed, as above provided, the Lodge may determine upon its merits, and either change, modify or sustain the report of the committee; or refer it back to the same or another committee, or order a new investigation. If the Lodge shall deem the ex- ceptions not well taken, or if no exceptions have been filed within two weeks, as above provided, it shall pronounce its judgment and decision. — Constitution Subordinates, Art. IV, Sec. 5. 580. Judgement must be pronounced. The Lodge must pronounce judgment whether exceptions are filed or not. In 12 178 BENEFITS. pronouncing judgment the Lodge can adopt the report of the committee, or modify it, or refer it back to the same or another committee, or grant a new investigation. It may find that the brother is or is not entitled to benefits, or give such judgment as it deems the evidence justifies and requires. — Bassett vs. Elmira Lodge, 1886 Journal, 607, 608; Newington vs. Silver Star Lodge, 1886 Journal, 638, 648; 1869 Journal, 112, 113, 117. 531. Action on report necessary. Until the Lodge has taken action on the report of the Investigating Committee there is no judgment. — 1869 Journal, 112, 113, 117; Bassett vs. Elmira Lodge, 1886 Journal, 607, 608; Newington vs. Silver Star Lodge, 1886 Journal, 638, 648. 532. No bill of exceptions after report adopted or acted upon by the Lodg-e. Our law. Section 5, Article IV, Constitution of Subordinates, does not provide for, nor authorize the filing or presenting a bill of exceptions to the report of the committee after the report has been adopted or acted upon by the Lodge. A Lodge therefore, should not consider a bill of exceptions so presented or filed. — Holbrook vs. San Lorenzo Lodge, 1896 Journal, 521, 557. 533. Motion to adopt report lost, and reconsideration. A motion to adopt the report of the Investigating Committee, that a brother is not entitled to benefits, under Section 5, Article IV, of Constitution of Subordinates, having been lost, and the Lodge having closed without further action thereon, the vote by which it was lost or rejected cannot be reconsidered at a subsequent meeting. — Day vs. Woodland Lodge, 1896 Journal, 576, 619. 534. Payment of benefits after investigation and judgment. A Lodge having appointed a committee, under Section 5, Article IV, of Constitution of Subordinates, and in- vestigated a brother's claim for benefits, and i)ronounced its judgment as required thereby, that the brother is entitled to the benefits claimed, must pay the same. — Holbrook vs. San Lorenzo Lodge, 1896 Journal, 521, 557. 535. Majority and minority reports. Where there are two reports of an Investigating Committee, a majority report, that the brother is entitled to the benefits, and a minority re- BENEFITS. 179 port, that he is not, and the Lodge adopts the majority report, it must thereupon pay the benefits. — Sahlberg rs. Santa Chira Lodge, 1888 Journal, 1120, 1152. 536. The committee shall make no recommendation. The committee appointed to investigate a brother's right to benefits has no right in its report to make a recommendation. The committee's duty is to keep full minutes of the evidence and of the proceedings, and report the same to the Lodge with their conclusions^ but without any recommendation. — 1885 Jour- nal, 387, 401, 431. 537. Fraud as a defense to claim for benefits. If, at the time of a brother's admission to a Lodge, he were suffering from a disease which directly or indirectly caused the sickness -on account of which his claim for benefits is based, and if he knowingly and fraudulently concealed that fact from the Lodge at the time of his admission, then his claim for benefits is a fraud upon the Lodge. The final claim is based upon and tainted with the original fraud, and the Lodge has a right to prove the fraud in all its phases, from its inception to its con- summation. The Lodge is not estopped from asserting and proving the fraud by the lapse of time. A fraud never becomes *' stale and outlawed" so long as financial claims are being immediately and actively asserted and prosecuted upon the status secured by it. Nothing but a judgment based upon a full and fair trial upon that issue can estop a Lodge from proving .such fraud as a defense to a pecuniary claim asserted against it. — Robinson rs. Templar Lodge, 1888 Journal, 1142, 1162. (See Section 583.) 538. Grand Lodg^e will not interrupt investigration in Subordinate Lodg'e. Where there is a contention as to sick benefits, in course of examination in a Lodge, the Grand Lodge will not interrupt or interfere with the proceedings. There must be a final action upon the part of the Lodge and an ap- peal therefrom taken within legal time, before the Grand Lodge will act. — Nathan rs. California Lodge, 1881 Journal, 598, 625. 589. Procedure in case of death of member. If any member shall die before the time for making any demand or exerclHing any right under our laws has expired, his widow, or 180 BENEFITS. other relative or person pecuniarily interested in the matter under our laws, may be substituted in the place of such de- ceased member within eight weeks after said death, and there- after prosecute the matter to final determination in the Order. Such substitution shall be made by serving the Lodge with a written notice, stating the death and the date thereof, the facts showing the person to be such beneficiary, and that the person desires to prosecute the matter, and also, within the said eight weeks, make the demand on the Lodge or exercise the right by notice, in writing, to the Lodge. — Constitution Subordinates, Art. IV, Sec. 9. 6. FUNERAL BENEFITS AND FUNERAL EXPENSES. ' 540. Funeral benefits. Besides providing for funeral expenses, the Lodge may provide in its By-Laws for a funeral benefit. — Constitution Subordinates, Art. IV, Sec. 3. 541. Funeral expenses. In case of the death of a mem- ber, irrespective of his standing relative to sick benefits, there shall be allowed from the Lodge a uniform sum of not less than thirty dollars to defray the expenses of the burial, to be paid by the Noble Grand on account of the funeral; provided, the brother be buried by the Order, or at the expense of the family of the deceased. In the absence of competent relations, the Noble Grand shall take charge of the funeral and render an account of the disbursements. — Constitution Subordinates, Art. IV, Sec. 3. 542. Funeral benefits reg'ulated. The funeral and sick benefits shall be regulated by the By-Laws of the Lodge, and all orders drawn for the above benefits shall be by vote of the Lodge.— Constitution Subordinates, Art. IV, Sec. 4. 543. Distinction between funeral benefits and funeral expenses. The Constitution of Subordinate Lodges ( Section 3, Article IV ) draws a distinction between funeral expenses and funeral benefits, and authorizes Lodges to provide for a funeral benefit in addition to funeral expenses. — 1894 Journal, 609, 732, 771. 544. The same. The decisions of the Grand Lodge have uniformly recognized the distinction between '' funeral benefits" BENEFITS. 181 and "funeral expenses." — Weston vs. Centennial Lodge, 1889 Journal, 126, 148. 545. Funeral benefits for wife. A Subordinate Lodge may provide by its By-Laws for funeral benefits for the wife of a brother if it desire so to do. — 1883 Journal, 1149, 1175. 546. A brother sentenced upon charges to reprimand. A brother found guilty upon charges and sentenced to repri- mand, is thereby suspended from all the privileges and benefits of membership until he appears before the Lodge for the pur- pose of receiving the reprimand, and if he die before so appear- ing, he is not entitled to funeral benefits. — Matter of L. Katz, 1893 Journal, 433, 432. 547. Charges pending at death and funeral honors and benefits. If a brother shall die after charges have been preferred against him, and while they are still pending in the Lodge, the Lodge must bury the deceased with funeral honors, and is liable for the payment of such benefits as may be pro- vided in its By-Laws.— 1896 Journal, 408, 578, 619. 548. Death of widow and funeral benefits. A Lodge is not under any obligation to pay funeral benefits on the death of a widow of a brother, unless the By-Laws so provide. —1895 Journal, 196, 236. 549. When not entitled to funeral benefits. A brother is not entitled to funeral benefits who is not entitled to sick benefits.— 1893 Journal, 278, 384, 391, 421. 550. Bargain for relinquishment of funeral benefits prohibited. It is improper for any Lodge to bargain for the relinquishment of funeral benefits with the wife or other rela- tives of a brother before the brother's death, as said benefits have not then accrued.— 1892 Journal, 113, 120, 128. 551. Initiatory members and funeral benefits. Initia- tory members, if entitled to sick benefits, arc entitled to funeral benefits.— 1893 Journal, 278, 384, 391, 421. 552. Funeral benefit and Masonic burial. A brother, in accordance with his wishes, was buried by the Masonic 182 BENEFITS. Order, with Masonic funeral rites, in the I. 0. O. F. Cemetery^ but the family paid all the expenses incurred, the family is en- titled to the funeral benefit.— 1895 Journal, 39, 185, 235. 553. Lodg-e cannot deduct dues from funeral benefits. A Lodge cannot legally deduct the amount a brother owed the Lodge at the time of his death, for dues, from the funeral bene- fit due the deceased brother's widow or dependent relatives. A funeral benefit is a widow's right guaranteed to her by the Lodge and its By-Laws; and a less amount paid to her would not be a compliance with the By-Laws. — 1892 Journal, 14, 97, 103. 554. Residence of beneficiary immateriaL The place of residence of the claimant of a funeral benefit is of no conse- quence. If the relative in a foreign country be a dependent relative, the Lodge is bound to pay such relative the funeral benefits provided by its By-Laws, which provide for such bene- fit to a deceased brother's dependent relative. — 1893 Journal, 426, 430. 555. A brother's mother who remarries. A brother's mother who remarries is, if at the time of his death she be his dependent relative, entitled to the funeral benefit; if she be not his dependent relative, she is not entitled thereto. — 1893 Jour- nal, 426, 430. 556. Who are beneficiaries of funeral benefit. The only persons who are the beneficiaries of a funeral benefit are the widow, orphans under age, or dependent relatives of the deceased, or relatives upon whom the deceased was dependent at the time of death. Dependent relatives are relatives who were members of the family of the deceased, and were depend- ent upon the deceased for support at the time of death. — 1893 S. G. L. Journal, 13649, 13692. 557. In case of suicide. The family of a brother who has committed suicide is entitled to the funeral benefits if the- brother were in good standing. — 1865 Journal, 10, 60, 77. Note.— A Lodge cannot refuse to he committed suicide— (1845 S. G. L. pay funeral benefits to the family of a Journal, 807 ; 1855 S. G. L. Journal,, deceased brother on the ground that 2403, 2481, 2503.) BENEFITS. 183 558. Payment of arrears while sick and not entitled to benefits. A member being under charges in his Lodge be-' comes in arrears while said charges are pending; the charges are sustained and the brother is suspended for a fixed period; during such suspension he is taken sick; immediately after the expiration of such suspension he pays his dues and is accepted by the Lodge; he remains sick and dies. The By-Laws provide that no member can place himself in standing so as to receive benefits during such sickness. In such a case the wife is not entitled to funeral benefits on the decease of her husband. — 1877 Journal, 682, 699. Note.— A brother while in arrears and died from that sickness; his widow .so as to deprive him of benefits was is not entitled to funeral benefits — taken sick, he then paid up his dues (1854 S. G. L, Journal, 2311, 2346.) 559. Where no family or dependent relatives. Where the brother leaves no family or dependent relatives, and there is no other provision made by law for their payment, then the Lodge is not bound to pay the money to any person. — 1886- 1887 S. G. L. Journal, 10254, 10487, 10511,10711,10951, 11005. 560. The same. In cases where the friends of a deceased brother refuse the Order the privilege of burying, and do it at their own expense, there being no widow, children or dependent relatives, said friends have no right to demand and collect the funeral benefits of his Lodge. — 1868 Journal, 490, 503. Note. — The great object of a fun- of property to the funeral benefits is eral benefit in the Order is to extend in the family of the deceased, and not immediate aid to the family of a de- in the brother. It does not begin to ceased brother at the time, and under exist until after his death, and, there- circnmstances when the family re- fore, no disposition of such benefits quires support and sympathy more can be made by him in his lifetime — than at any other time or under any ( 1858 S. G. L. Journal, 2957, 2981). other condition of things. The right 561. Funeral benefits.— Murder of wife and death of husband. Where the By-Laws of a Lodge do not contain any provision for funeral expenses as prescribed in Section 3 of Article IV of the Constitution of Subordinates, but do contain a provision that on the death of a brother's wife a sum equal to fifty cents for each member, at the time of her death, shall l»e a])pr()priate(l by the Lod^e and paid by the Noble Grand to 184 BENEFITS. the brother; and provide, that on the death of a brother a sum equal to one dollar for each member, at the time of his death, shall be appropriated by the Lodge and paid by the Noble Grand to the widow of the deceased brother, or his children, or dependent relatives, and provide that after the funeral of a de- ceased member, or wife of a member, the Noble Grand shall direct a funeral assessment to be levied of one dollar on each member, in case of the death of a member, and fifty cents in case of the death of a member's wife, they thereby provide for funeral benefits. A brother having murdered his wife is not entitled to the funeral benefit provided for in these By-Laws. He, after murdering his wife, killed himself, and having left no children or dependent relatives, no funeral benefit is due or payable to anyone under such By-Laws. In case no funeral benefits are due or payable to anyone, the Lodge has no right to levy a funeral assessment. — 1894 .Journal, 609, 732, 771. 562. Inmate of Odd Fellows' Home and funeral bene- fits. No brother who shall have been admitted to the Odd Fellows' Home as an indigent, shall be entitled to funeral ben- efits during the time he shall remain an inmate of the Home. — Constitution Subordinates, Art. IV, Sec. 4. 563. Inmate of Odd Fellows' Home and funeral ex- penses. The funeral expenses allowed by the By-Laws of his Lodge, in case of his death and burial by the Home, shall be paid into the Odd Fellows' Home fund. — Constitution Subor- dinates, Art. IV, Sec. 4. (See Odd Fellows' Home.) 564. When funeral expenses payable. Upon the death of any member, including non-beneficial members, the sum provided by the By-Laws for funeral expenses, which must be uniform for all members, must be appropriated and paid to- ward the expenses of his funeral, provided the brother is buried by or at the expense of the Order, or at the expense of his fam- ily.— 1895 Journal, 195, 196, 236; 1885 Journal, 288, 403, 433. 565. Death immediately after reinstatement and fu- neral expenses. A Lodge is compelled to pay the amount allowed by its By-Laws for funeral expenses on the death of a BENEFITS. 185 member who dies immediately after being reinstated to mem- bership, after suspension for non-payment of dues, provided he is buried by the Order, or at the expense of his family. — 1892 Journal, 14, 112, 127. 566. Over twelve months in arrears for dues and funeral expenses. When a Lodge, by its own affirmative act, retains upon its roll members over twelve months in arrears for dues, it is liable until they are suspended for funeral expenses and care during sickness. — 1895 Journal, 39, 224, 249. 567. Funeral expenses not paid unless actually in- curred. When the By-Laws of a Lodge make a distinction between funeral benefits and funeral expenses, the Lodge can- not be required to pay anything on account of funeral expenses where a deceased brother has been buried while in the public service, at the expense of the United States, and no such ex- penses have been incurred by the family; though the widow is entitled to the funeral benefit whether expense has been incurred or not.— 1857 S. G. L. Journal, 2812, 2814,. 2830; 1863 S. G. L. Journal, 3566, 3588. 568. The same— Buried by another Order. A Lodge is lx)und to pay the amount provided in its By-Laws for funeral expenses when one of its members is buried by another Order but at the expense of the family of the deceased. — 1889 Jour- nal, 34, 144, 162. NoTK. — An Odd Fellow was buried by the Masouic Lodge to which he belonged and the Masons, to the ex- olnsion of the Odd Fellows Lodge, paid all funeral expenses. The By-Laws of the Lodge provided that thirty dol- lars shall be paid to the family of the deceased towards defraying the fun- eral expenses. The Lodge could not be required to pay funeral expenses as the deceased brother was buried without expense to the family~( 1875 S. 0. L. Journal, 65()2, 6628, 6563, 6629.) 569. Non-beneflcial members and funeral expenses. On the death of a non-beneficial member, funeral expenses must be paid.— 1896 Journal, 415, 588, 629. 570, Initiatory members and funeral expenses. Ini- tiatory members are entitled to the funeral expenses, provided by the By-Laws for all members alike.— 1893 Journal, 384,420. 186 BENEFITS. 571. Before a member six months. Under Article IV, Section 3, of the Constitution of Subordinates, a brother of a Lodge is entitled to funeral expenses if he die before he has been a member six months. — 1883 Journal, 1149, 1175. 572. Carriages for pall bearers, floral decorations and draping the hall. Under a By-Law which reads, *' In case of the death of a member of this Lodge there shall be allowed from the Lodge $75.00 to defray the expenses of the burial, to be paid by the Noble Grand on account of the funeral, provided the brother be buried by the Order or by the family of the de- ceased," the expenses of carriages for pall bearers is a proper charge, to be paid out of the $75.00. The Lodge should see that the more necessary and indispensable expenses of the funeral are paid before applying any portion of the $75.00 to the payment of expenses for floral decorations and draping the hall. These latter expenses and expenses for carriages for a choir may be paid if there is money enough for such purposes, in addition to paying for the more essential expenses. No ex- pense, however, for draping the hall can be paid out of the $75.00, unless the funeral services are held at the hall. — 1889 Journal, 131, 132, 163. 573. Buried by a General Relief Committee when in arrears. Article IV, Section 3, of the Constitution of Subor- dinates, requires the Lodge to pay not less than thirty dollars to defray the expenses of the burial of a member, whether he be in arrears or not, provided he be buried by the Order or at the expense of the family of the deceased. So where a member who is in arrears for dues, no matter how much, dies under charge of a General Relief Committee, which attends to his burial, the Lodge to which the member belongs must reimburse the General Relief Committee to the extent of thirty dollars at least, and more if its By-Laws so provide. — General Relief Committee of San Francisco vs. Diamond Springs Lodge, 1883 Journal, 1005, 1134, 1161, 1178. 574. Buried by another Order and part of expenses paid by family. A Lodge has this By-Law: "On the death of a brother, the sum of $50 shall be appropriated and paid to- BENEFITS. 187 wards defraying his funeral expenses, provided if no funeral expenses are incurred by the Lodge or dependent relatives, by the death of a brother, no appropriation shall be made.'^ Where a deceased brother's funeral is conducted solely by another Order, which takes sole charge of the body and pays the expenses, except such items, as car fare, sexton, watching with the body, washing the body, etc., which are paid by the family, under this By-Law the Lodge of which the brother was a member, must pay the sum set forth in the By-Law to defray the expenses of the funeral, to the family, if such family be composed of those who are dependent upon him for support. — 1885 Journal, 381, 382, 418. 575. What funeral expenses should not be paid. Where the By-Laws of a Lodge provide one hundred dollars as funeral expenses, and also provide that " if no funeral expenses are in- curred by the death of a brother, no appropriation shall be made from the funds of the Lodge," and where only eighty- seven dollars are actually expended, the Lodge cannot, under such By-Laws, legally pay any greater or other sum than the actual funeral expenses of the deceased member. If the actual expenses do not amount to the sum stated in the By-Laws, the balance should not be paid to the widow. — 1878 Journal, 822,. 928, 965. 576. Duty of Lodge to pay funeral expenses op ben- efits. The obligation of a Subordinate Lodge to pay funeral expenses or funeral benefits, is fully considered in Sovereign Grand Lodge Journal, 13989, of the proceedings of 1894. From said decision there are only two exceptions which will prevent a Lodge from paying the funeral expenses, as will be found in White's Digest, 99, 100.— 1896 Journal, 408, 588, 629. NoTK.— The White's Digest referred tiong, also, see Section 567 of thia to in the above decision is White's Digest, and note to Section 568 of Digest of 1889. For the said excep- this Digest. 577. Immoral conduct of deceased. Where a brother is in good standing financially, at the time of his death, his widow is entitled to funeral and widow's benefits, notwithstand- ing the brother has been refused sick benefits during the sick- 188 BENEFITS. ness of which he died, by reason of the fact that such sickness was caused by his immoral conduct. — 1875 Journal, 280, 295. 578. Not buried by the Order. Subordinate Lodges are required by the Constitution of Subordinates to pay a uniform 6um of not less than thirty dollars upon the death of their members, as funeral expenses, and there is no law permitting a Lodge to escape this duty where the surviving relatives of a deceased brother refuse to have him buried by our Order. — 1897 Journal, 991, 993. 579. Buried at the expense of Government or of an- other Order. Where a deceased brother has been buried while in the public service at the expense of the United States Oovernment, and no part of such expense has been incurred by the family, or where, being a member of another Order, he has been buried by such Order, to the exclusion of the Odd Fellows' Lodge, such Order paying all funeral expenses, without any expense to the family, the Lodge cannot be required to pay anything on account of funeral expenses. In all other cases the funeral expenses, provided by the By-Laws, must be paid, 3.xid where in addition to the funeral expenses the By-Laws provide for the payment of a funeral benefit, the payment of fiuch benefits must be governed entirely by such By-Laws. — 1897 Journal, 1032, 1055. 580. An Investig-ating Committee— Evidence, report, appeal. In cases where the Lodge refuses or neglects to pay any benefit or relief, or allowance, which our laws provide shall be paid, the person may, within four weeks thereafter,^likewise de- mand a committee, as provided in Section 5, Article IV, Con- stitution of Subordinates, and the section shall likewise, in all matters, including the time and manner of appeal, be applicable thereto. — Constitution Subordinates, Art. IV, Sec. 8. 581 The Committee investig-ates, hears evidence and reports — Appeal. When a Lodge refuses or neglects to pay funeral expenses, a committee may be demanded under Section 8, Article IV, of the Constitution of Subordinates, to investigate the claim and to hear evidence, and report the facts and their conclusions, as jjrovided in Section 5 of said Article IV, the BENEFITS. 189 same as in case of a claim for sick benefits. The action of the Lodge will not be reviewed on appeal by the Grand Lodge^ unless this course is pursued. — Holmes vs. Circle Lodge, 1896 .Journal, 634, 653. 582. Should not resort to courts of law. Our laws providing for funeral benefits and funeral expenses do not create legal rights, liabilities or responsibilities nor legal contractual relations, nor confer any right to resort to courts of law to en- force the granting or payment of the same. — Constitution Sub- ordinates, Art. IV, Sec. 6. 583. When, if admitted by fraud, widow not entitled* Any fraudulent misrepresentation of his age by a party seeking admission into the Order, whereby membership therein is ille- gally obtained for a less consideration than the law of the Lodge requires, shall discharge the Lodge, from any and all res- ponsibilities growing out of the initiation of the party in ques- tion from and after the time such fraud shall be discovered and proved or determined, upon a fair investigation and upon competent testimony. It shall be legal to investigate and deter- mine the fact of such fraud even after the death of the party alleged to be guilty thereof, provided due notice of such inves- tigation is given to the representatives or family of the deceased claiming benefits of the Lodge. — 1863-1864 S. G. L. .Journal, 3601-3679. See as to Sick Benefits, Sec. 537 of this Digest. See as to Executors, Administrators, etc., Sees. 364, 365, 366 of this Digest. 7. BENEFITS TO WIDOWS. 584. May provide benefits for widows. A Lodge may provide in its By-Laws for the payment of a portion of its funds to the widows of its members during their widowdood. — 1858 .Journal, 383. 585. The same. Subordinate Lodges may from Lodge funds pay benefits to the widow of a brother. — 1865 Journal, 62, 81. 190 BENEFITS. 586. Widows' and orphans' fund. The Lodge may pro- vide in its By-Laws for a widows', orphans' and educational fund. — Constitution Subordinates, Art. IV, Sec. 1. 587. Immopal act op conduct deprives of benefits. No benefit or allowance shall be paid to any widow of an Odd Fellow, except while she maintains a good moral character in fact. — Constitution Subordinates, Art. IV, Sec. 8. 588. The pig-hts of widows— the pule govepning*. The true rule is that the rights of widows and orphans of deceased brothers survive or perish with the brother's rights. As they derive their benefits through the membership and good stand- ing of the husband or father, so must the benefits end with his ceasing to be a member of the Order, or with his ceasing to be a member in good standing. Any other rule would inflict upon us obligations to reward those who were undeserving, and support those whose parents and fathers xyhen living had not ■contributed to the funds from which such support is paid. — Bohn vs. Harmony Lodge, 1872 Journal, 560, 653; Appeal of Julius Levy, 1874 Journal, 115, 116, 16; Mysell vs. Harmony Lodge, 1882 Journal, 809, 825. 589. When the husband was in appeaps and paid them while sick. A brother was taken sick while in arrears for non- payment of dues, and hence not in good standing; during his illness he paid up his dues; during that same illness the brother died and was buried by the Lodge. The By-Laws of the Lodge provide among other things that the widows of deceased brothers shall be entitled to a monthly benefit of ten dollars. In such ointed on any committee re- quired to be appointed or elected by law who is not a member of the Third Degree.— 1883 Journal, 1001, 1150, 1175. 811. Reports of committees. The reports of all commit- tees, or the substance thereof, as the Lodge may order, should be noted or entered in the minutes of a Subordinate Lodge. — 1859 Journal, 508, 509. (See Credentials, Finance, Correspondence, Appeals, Laws of Subordinates, Petitions, State of the Order, Legislation, Mileage. Printing, Rebekah Branch, Standing Committee, Trials, Membership, Benefits). COMMITTEE OF THE WHOLE. 812. Procedure in such cases. When a Lodge resolves itself into a Committee of the Whole, it is proper to call some member to the chair, who presides over the committee during its session, and, when the committee rises, reports the action of the committee to the Noble Grand, after which the subject- 234 COMMUNICATIONS TO LODGES. matter is subject to the action of the Lodge. The person acting as chairman of the Committee of the Whole is not entitled to occupy the seat of the Noble Grand, but should occupy an elevated seat near the Right Supporter of the Noble Grand. During the time the committee is in session the Noble Grand must retain his seat, nor can any brother enter or retire during such time, except in the manner prescribed by the rules and usages of the Order. It is usual in legislative bodies for the house to consider itself as in Committee of the Whole for the purpose of considering the special matter incorporated in the motion or resolution. In all such cases the presiding officer retains his seat and presides over the committee, and reports back to the house after the committee rises; and there is no objection to such action by a Lodge — in which event the Noble Orand would retain his seat. — 1860 Journal, 48. COMMUNICATIONS TO LODGES. 813. Instructions to Representatives. A Lodge has not the right to send to another Lodge copies of its resolutions of instructions to its representatives to the Grand Lodge. — 1887 Journal, 771, 875, 888. 814. Certain communications prohibited— Consent of Grand Master. This Grand Lodge has already held it to be law, that Lodges should not pass resolutions for circulation among the other Lodges in the jurisdiction without the consent of the Grand Master. Every Lodge has the right to respectfully ■express its views upon any subject of Grand Lodge legislation, but it has no right to send these views to other Subordinates, and thus seek to secure a concert of action elsewhere than on the floor of the Grand Lodge.— 1871 Journal, 441, 471; 1879 Journal, 136, 151. 815. The same. Subordinate Lodges shall not pass reso- lutions or take other action deprecating or condemning the action of the Sovereign Grand Lodge and circulate them among their sister Lodges. Such communications savor too strongly of insubordination and cannot be permitted. — 1871 Journal, 368, 432. COMMUNICATIONS AND CONSOLIDATION OF LODGES. 235 816. Secretary's duty to read. It is the duty of the Recording Secretar}' of a Lodge to read all communications addressed to the Lodge, and it is for the Lodge to decide what action shall be taken thereon; the Secretary has no option in the matter.— 1889 Journal, 33, 122, 163. 817. How received. It does not necessarily require a vote to receive a communication, but the Noble Grand may announce that it will be received and placed on file (or other- wise) if there be no objections. — 1862 Journal, 305. 818. Communications from Grand Master and Grand Secretary. An abstract of all communications from the Grand Master and Grand Secretary shall be entered on the minutes, and the originals numbered and such number entered on the minutes, and the papers kept on file in the order of their num- bers, provided that the notices of suspension, expulsion and rejections shall be written upon the black book and the fact of their reception entered on the minutes. — 1868 Journal, 495, 511. 819. Communication from Grand Master. A commu- nication from the Grand Master over his signature is official, and it is the duty of the Lodge to receive it as such. — 1878 Journal, 819, 928, 965. CONSOLIDATION OF LODGES. 820. Procedure for Lodg-es to form one Lodge. When- ever two or more Lodges desire to consolidate and form one Lodge, each for itself shall address a petition to that effect to this Grand Lodge, or to the Grand Master, showing that the question of such consolidation was submitted to each of the petitioning Lodges and carried by the affirmative vote of two- thirds of all members present in each Lodge at the time of voting; provided j a final vote on the question of such consolida- tion shall not be had in any Lodge until after a resolution for such consolidation has been offered in writing and read at each successive meeting of the Lodge for one month prior to such vote, and, provided^ further, that the time for final action there- on shall he fixed at the time such resolution is offered. The petition shall show that the foregoing requirements have been complied with, and shall also state which Lodge the petitioning 236 CONSOLIDATION OF LODGES. Lodges shall be consolidated into, and the date at which the consolidation shall take effect. Upon the receipt of such peti- tions the Grand Lodge or Grand Master, may grant or refuse the consolidation prayed for, and, if granted, shall cause to be issued a warrant to that effect, signed by the Grand Master and attested by the Grand Secretary, under the seal of the Grand Lodge, and thereupon the consolidation shall be firm and effectual from the date of such warrant; and such warrant shall vest the Lodge into which the others were consolidated with all of the property of the petitioning Lodges, and shall attach and incorporate into it the entire membership of such Lodges, as if it had gained the same by initiation. — Constitution Grand Lodge, Art. IX, Sec. 6. 821. Members standing*. When two or more Lodges are consolidated, the members of all the Lodges stand in the same position to the Lodge into which they have been consolidated, so far as membership is concerned, as they did in their own former Lodge.— 1896 Journal, 412, 581, 628. 822. Expelled brother— Lodg^e consolidation and rein- statement. After a brother has been expelled and the Lodge consolidated into another Lodge, the expelled brother must ap- ply for reinstatement to the latter Lodge, and that Lodge must ask for and obtain from the Grand Master a dispensation to refer the proposition to a committee of investigation, etc., the same as in case of a newly proposed member. The dispensation can- not be granted to an individual, but must be issued to a Lodge. 1895 Journal, 56, 195, 196. 823. Form of warrant. The Grand Lodge has approved a form of warrant for consolidating Lodges. (See Form No. 18 of the Forms affixed to this Digest.)— 1896 Journal, 393, 593, 635. 824. Effect of consolidation. By the act of merging, the rights, properties and franchises of each are united together, forming in fact a new body, possessing the rights, powers and franchises of both. Suspended members sustain the same re- lation to the consolidated body that they did to their own before consolidation. The new Lodge can reinstate or grant dismissal certificates to the suspended members of either. — 1888 S. G. L. Journal, 11101, 11368, 11396. CONSTITUTION AND LAWS OF SOV. GRAND LODGE. 237 CONSTITUTION AND LAWS OF SOVEREIGN GRAND LODGE. 825. Paramount to all laws. The Constitution and Laws of the Sovereign Grand Lodge are paramount to all State laws of our Order, and the latter so far as they conflict with the former must yield to them. — 1859 Journal, 473. Note. — Its Constitution and Laws supreme law of the Order— (S. G. L. made in pursuance thereof are the Constitution, Art. XX). 826. Duty to Sovereign Grand Lodg-e. It is the first duty personally, as well as in organized bodies of our Order, to recognize the authority of the Sovereign Grand Lodge. Any brother refusing such recognition or obedience is unfaithful to the duties and obligations assumed when becoming a member of the Order.— 1864 Journal, 520. 827. When its g^eneral laws take effect. All general laws passed by the Sovereign Grand Lodge, not otherwise specially provided for shall go into effect on the first day of January after their passage. — 1879 S. G. L. Journal, 8090, 8176. 828. Duty of Grand Master to enforce. The Grand Master shall preside at all sessions of the Grand Lodge of this State, etc., and enforce a due observance of the Constitution and By-Laws of the Sovereign Grand Lodge. — Constitution Grand Lodge, Art. IV, Sec. 1. 829. Subordinate Lodge must obey. A Subordinate Lodge is bound to obey the laws enacted by the Sovereign Grand Lodge before the same are reported by the Grand Re- presentatives to the Grand Lodge of a State. — 1866 Journal, 198, 214. 830. Are laws of each Lodge. The Constitution, laws and decisions of the Sovereign Grand Lodge are laws of each Lodge, and all persons by becoming and continuing members of a Lodge, consent to and agree to abide by the same. — Con- .stitution Subordinates, Art. IV, Sec. 7. 830a. The Constitution of the Sovereign Grand Lodge. It is prefixed to this Digest, page 3. (For an index thereto, see the Index to this Digest, under the head: Sovereign Grand Lodge.) 238 CONSTITUTION OF GKAND LODGE. CONSTITUTION OF GRAND LODGE. 831. How amended. Section 1. Any amendment or alteration may be made to this Constitution at any regular Annual Communication of this Grand Lodge, by a vote of two- thirds of the representatives present; provided, all such altera- tions shall be proposed one day before action thereon. — Consti- tution Grand Lodge, Art. XIV, Sec. 1, Note.— The Constitution of Grand Bodies and all amendments thereto, whether of a purely local character — (1858 S. G. L. Journal, 2889, 2923, 2963), or in reference to the sessions of the Grand Body— (1866 S. G. L. Journal, 3876, 3953, 3987), or for the creation of a Legislative Committee— (1867 S. G. L. Journal, 4146, 4170), must be approved by the Sovereign Grand Lodge before they can become operative or of any binding force. After such approval they become the organic law and do not depend upon any future action for validity— (1847 S. G. L. Journal, 1058; 1872 S. G. L. Journal, 5517, 5547; 1873 S. G. L. Journal, 5824, 5861). If Sovereign Grand Lodge not in session, the Grand Sire may approve or reject an amendment subject to the subsequent final approval of the Sovereign Grand Lodge— (1894 S.G.L. Journal, 14091, 14146). An amendment to the Con- stitution of a State Grand Body must be adopted by the State Grand Body before it will be approved by the Sovereign Grand Lodge— (1870 S. G. L. Journal, 4840, 4869; see also, 1880 S. G. L. Journal, 8211, 8337. 4840). The provisions of the Constitution should be as simple, direct and com- prehensive as possible, without un- necessary prolixity; and free from clauses, sentences or paragraphs im- perfect or incomplete in themselves — (1860 S. G. L. Journal, 3268, 3270). The Sovereign Grand Lodge has abundant power to direct a Grand Lodge to remove any clause or article from its Constitution or By-Laws which may conflict with the funda- meutal laws of the Order, even though said Constitution and By-Laws have been approved by the Sovereign Grand Lodge— (1847 S. G. L. Jour- nal, 1063, 1090). The Constitution of a State Grand Body can only be amended in the manner prescribed by the Constitution itself— (1873 S. G. L. Journal, 5804, 5945, 5953), al- though it be merely to amend a pro- vision so as to make it conform to the law of the Sovereign Grand Lodge with which it conflicts— (1874 S. G. L. Journal, 6250, 6323). A revised is an amended Constitution and must be passed as an amendment. Where amendments are required to be adopt- ed by a two-thirds vote, the revised instrument comes under the same re- quirements — (1853 S. G. L. Journal, 2116, 2173). A resolution construing a Constitutional provision must be passed by the same vote and with all the formalities required to amend the article it proposes to construe — (1853 S. G. L. Journal, 2118, 2170, 2172). A resolution passed with all the for- malities to amend the Constitution of a Grand Body does legally amend the Constitution in the particulars specified therein, although it does not refer to the section which it amends— (1878 S. G. L. Journal, 7760, 7832). When the Constitution of a Grand Lodge requires a vote of two-thirds on the adoption of an CONSTITUTION OF SUBORDINATES. 239 ameudmeut, but does not expressly Constitution, with all amendments declare it shall be a vote of two-thirds thereto, accompanied with a certiH- of the Lodges of the entire jurisdic- cate from the Grand Lodge, attested tion, two-thirds of the votes of the by its Grand Secretary and the seal Lodges present, as a quorum, is suflS- of the Grand Lodge attached— (1870 cient to adopt a proposed amendment S. G. L. Joiirnal, 4929). All laws — (1859 8.^. L. Journal, 3092,3115). sent to> the Sovereign Grand Lodge Grand Lodges in submitting their for approval shall bear the seal of the Constitutions or amendments thereof Lodge adopting them, and all docu- to the Sovereign Grand Lodge for ments without seal (where the Body approval, are required first to furnish has one) shall be returned without the Grand Secretary of the Sovereign consideration — (1872 S. G. L. Jour- Grand Lodge a complete copy of their nal, 5518, 5547). 832. Duty of Grand Master. Grand Master shall pre- side at all sessions of the Grand Lodge, etc., and enforce a due observance of the Constitution and laws of this Grand Lodge, Constitution Grand Lodge, Art. IV, Sec. 1. Law of each Lodg'e. The Constitution, laws and decisions of the Grand Lodge are laws of each Lodge, and mem- bers consent to and agree to abide by the same. — Constitution Subordinates, Art. IV, Sec. 7. 834. The Constitution of the Grand Lodg'e. It is pre- fixed to this Digest, page 30, and is also disposed under appro- priate heads therein. CONSTITUTION OF SUBORDINATES. 835. How changed or amended. The Constitution of Subordinate Lodges may be changed or amended in any manner at a regular session of the Grand Lodge by a two-thirds vote. — Constitution Grand Lodge, Art. VIII, Sec. 5. 835a. The same. These Articles, or any part thereof, shall not be altered, amended, or annulled, except on motion made in the Grand Lodge, at a regular session. — Constitution Subordinates, Art. XIII, Sec. 2. 836. Doubt as to meaning. When any doubt arises as to the true meaning of any part of these Articles, it shall be determined by the Grand Lodge. — Constitution Subordinates, Art. XIII, Sec. 1. ^40 CONSTITUTION OF EEBEKAH LODGES -CONTEMPT. 837. By-Laws. Any By-Law of a Lodge contrary to the Constitution of Subordinates is null and void. — 1864 Jour- nal, 573. 838. Uniform Constitutions, State Grand Bodies being •expressly declared the legislative heads of the Order, in their •several jurisdictions, have unquestionably the power to adopt a uniform system of Constitution for their Subordinates, and the Subordinates are bound to conform thereto. — 1842-1848 S. •G. L. Journal, 496, 1235, 1286, 1317. 839. Grand Master cannot suspend or annuL The Grand Master cannot suspend or annul any part of the Consti- tution of Subordinates. — Los Angeles Lodge, 1876 Journal, 505, 509. 840. The Constitution of Subordinates, (It is affixed to this Digest and is also disposed under appropriate heads therein.) CONSTITUTION OF REBEKAH ASSEMBLY. It is affixed to this Digest. For index thereto, see index to this Digest under the head " Rebekah Branch." CONSTITUTION OF REBEKAH LODGES. It is affixed to this Digest. For index thereto, see index to this Digest under the head " Rebekah Branch." CONTEMPT. 841. Resolutions bring'ing' Grand Lodg-e into contempt. It is incompatible with all usages and laws of our Order for any Subordinate Lodge to pass preamble and resolutions bringing the Grand Lodge into contempt, or calling in question any of its actions, or any retaliatory resolution thereto. — 1865 Journal, 8, 39, 41. 842. Refusing" or neg-lecting* to stand trial. If the accused refuse or neglect to stand trial when duly summoned, the committee shall report him guilty of contempt of the Lodge, and, if the Lodge sustain the report, and find the accused CONTEMPT. 241 guilty of contempt, the punishment shall be expulsion, and the Noble Grand shall enforce it and declare the accused expelled. Constitution Subordinates, Art. VIII, Sec. 5. 843. Refusing" to perform official duties. A Trustee or other officer can be legally charged Avith contempt who posi- tively refuses to perform official duties assigned him by his Lodge.— 1875 Journal, 300, 301. 844. Contempt defined. The Sovereign Grand Lodge has defined a contempt to be, '' the refusal or willful neglect of a member to appear and answer to charges preferred against him," or, " willfully absenting himself to avoid the service of notice." — Unity Lodge vs. Bernard, 1872 .Journal, 561, 653; see also, 1849 S. G. L. Journal, 1502, 1513. Note. — A brother who appears be- he cannot be punish'M in sucL case fore the Trial Committee by counsel, for not appearing in person— (1874 ready to proceed with the case, is not S. G. L. Journal, 6283, 6322). guilty of contempt of the Lodge, and 845. The same. In order to constitute contempt, there must be an intentional refusal and willful neglect to respond to the summons after its service, or it must be shown that the accused willfully absented himself to avoid the service of notice. Donati vs. Cayucos Lodge, 1895 Journal, 135, 178. 846. Law concepning" must be strictly complied with — Proof required. To deprive a brother of the rights of an Odd Fellow, without trial, the law concerning expulsion for ■contempt by refusing to stand trial, must be strictly complied with, and proof in the form of certificate of service of summons and copy of charges as prescribed by the Grand Lodge, or in the form of affidavit under oath, or upon the honor of an Odd Fel- low, or testimony of a witness under oath, or upon the honor of an Odd Fellow, must establish the facts and that proof must appear in the record. — Race vs. Fortuna Lodge, 1892 Journal, 99, 119. 847. Contempt and expulsion rests upon the com- mittee's report. A judgment of expulsion for contempt in refusing to stand trial does not rest upon the original charges 16 242 CONTEMPT. — upon their sufficiency or insufficiency, but upon the report of the Trial Committee finding the accused guilty of contempt in refusing to appear before it. — Swain vs. Merced Lodge, 1895 Journal, 130, 177. 848. Ppesumption as to report for contempt. The report finding the appellant guilty of contempt carries with it the presumption that the committee did not act hastily or il- legally in the matter, and when there is nothing to rebut such presumption, the finding of the committee is conclusive on appeal. Swain vs. Merced Lodge, 1895 Journal, 131, 177. 849. Action upon report of Trial Committee. A Lodge may act upon the report of a Trial Committee reporting an ac- cused brother guilty of contempt of the Lodge in refusing or neglecting to stand trial, under Section 5, Article VIII, Consti- tution of Subordinates, at the same meeting at which it is presented, or forthwith on its presentation. — Roe vs. Eel River Lodge, 1891 Journal, 666, 674; 1864 Journal, 565. 850. Accused absent at adjourned meeting- of Trial Committee. Where the accused obeys the summons (respect- fully in person or by counsel), appears before the committee^ pleads not guilty, gives the names of his witnesses and is desir- ous of trial, the mere fact that he fails to appear at an ad- journed meeting of the committee is not the refusal or neglect to stand trial within the meaning of the Constitution. — Treasure vs. Evergreen Rebekah Lodge, 1895 Journal, 144, 179. 851. Where accused desires to stand trial. Where the accused desires to stand trial, recognizes the authority of the committee, answers the summons, gives the names of his wit- nesses, etc., he is not guilty of contempt. — Jensen vs. Anaheim Lodge, 1878 Journal, 889, 934. 852. Accused demurs and answers and then absents Where the accused appears before the committee and demurs and answers the charges, the mere fact that he fails to appear at the subsequent meeting of the committee is not the refusal or neglect to stand trial within the meaning of the Constitution of Subordinates. — Galvin vs. Stella Lodge, 1887 Journal, 652, 666. CONTEMPT. 243 853. Accused appears a number of times and then absent. Where the accused respected and recognized the authority of the committee, obeyed the summons, appeared be- fore the committee, objected to a member of the committee, demurred to the charges, and appeared a number of times before the committee, the mere fact that he failed to appear at the adjourned meeting of the committee is not the refusal or neglect to stand trial within the meaning of the constitutional provi- sion. — Porter rs. Anaheim Lodge, 1896 Journal, 527, 558. 854. Accused answers the summons and by letter asks a continuance. An accused who answers the summons, and sends a letter to the committee at its first meeting stating that he is not prepared to proceed and asking for a continuance, respects and recognizes the authority of the committee and is not guilty of contempt. The Trial Committee should be liberal in granting one continuance, but where the continuance is justly refused, the committee may proceed with the trial and the accused is presumed to waive his right to be present. — Treasure vs. Evergreen Rebekah Lodge, 1895 Journal, 136, 178. 855. May appear by counsel. The accused may appear by counsel at the trial, absenting himself therefrom. — Petit vs. Eureka Lodge, 1865 Journal, 44, 61. 856. Refusing^ to obey suspended officer. No brother can commit contempt in refusing to obey a suspended officer. Nor is any member bound to obey usurpation, or respect the commands of a Noble Grand who has no legitimate authority to act and no right to preside. — Brown vs. Coloma Lodge, 1858 Journal, 371, 372. 857. Failing to appear to receive reprimand. A Lodge cannot, on the ground of contempt or otherwise, expel a brother for failing to appear in obedience to a summons from his Lodge to receive a reprimand previously fixed as part of a punishment adjudged on account of a' verdict upon charges theretofore tried and determined against him in the Lodge. He should be sus- pended, •' until he so attend and be reprimanded." — Marlette V8. Brooklyn Lodge, 1863 Journal, 427; 1864 Journal, 544,564. '244 CONTEMPT. 858. Certain act of Trustee not contempt. The act of a Trustee in refusing to draw from the bank a large sum of money and to make payment of the san^e upon a lot purchased by the Lodge, cannot be said to be in contempt of the Lodge, unless such refusal occurs after the instruction to said Trustee has been given him properly signed by the officers of the Lodge and under the Lodge seal. This is a protection to the Trustee, and the thing he is entitled to demand, and without which his refusal can in no sense be said to be in contempt of the Lodge. —Smith vs. St. Helena Lodge, 1880 Journal, 322, 351. 859. In case of suspension for non-payment of dues. The penalty in case of a brother who has been adjudged guilty of contempt for refusing to stand trial, who had, two weeks previous to the time judgment was pronounced, ceased member- -ship for non-payment of dues, should be expulsion. — 1867 Journal, 346, 359. 860. Absent through misunderstanding* or sickness. Where an accused brother and his counsel are both absent from the meeting of the committee through sickness or misunder- standing, it is not contempt. — Fowles vs. Mound Lodge, 1886 Journal, 658, 662. Note. — A member violates no law and such neglect is no cause for a or obligation in neglecting to answer charge of contempt — (1882 S. G. L. letters written to him by his Lodge in Journal, 8988, 9085; 1884 S G. L. reference to his claim for his benefits, Journal, 9684, 9791) . 861. Pleads not g'uilty, gives names of witnesses and then absent. To constitute a violation of Article VIII, Sec- tion 5, of the Constitution of Subordinates, the accused must refuse or neglect to stand trial when duly summoned. Where the accused obeys the summons (respectfully in person or by counsel), appears before the committee, pleads not guilty, gives the names of his witnesses, and is desirous of trial, the mere fact that he fails to appear at an adjourned meeting of the committee is not the refusal or neglect to stand trial within the meaning of the Constitution. — Meyer* rs. Hermann Lodge, 1876 Journal, 452, 467; 1872 Journal, 561, 653. 862. Accused answers the summons and asks a con- tinuance. An accused who answers the summons and sends CONTEMPT. 245 a letter to the committee at its first meeting, stating that he is not prepared to proceed, and asking" for a continuance, respects and recognizes the authority of the committee and should not be adjudged guilty of contempt. The Trial Committee should be liberal in granting one continuance; but where the continu- ance is justly refused, the committee may proceed with the trial and the accused is presumed to waive his right to be present. — Farmer vs. Granite Lodge, 1878 Journal, 886, 913; Cameron vs. Konokti Lodge, 1878 Journal, 931, 970; Jensen vs. Anaheim Lodge, 1878 Journal, 889, 934 863. Accused absent but answers the summons. The right to be present at the trial is personal to the accused, which he may exercise or waive. If his waiver be courteously ex- pressed, in other words, if he answer the summons respect- fully in person, or by counsel, he is guilty of no contempt.— » Petit vs. Eureka Lodge, 1865 Journal, 44, 61; Farmer vs. Gran- ite Lodge, 1878 Journal, 883, 913. 864. Right to appear by counsel. By direct adjudica- tion, as well as by constant practice, the right of the accused brother to appear at a trial by counsel, absenting himself there- from, has been constantly recognized and enforced. — Petit vs. Eureka Lodge, 1865 Journal, 44, 61. 865. Duty of Noble Grand. When the constitutional provisions have been complied with in the case of a brother who has been reported to his Lodge by the Trial Committee as guilty of contempt in refusing to stand trial on charges, and the report has been adopted by the Lodge, the Noble Grand should enforce the penalty of expulsion forthwith. — 1864 Jour- nal, 565; Constitution Subordinates, Art. VIII, Sec. 5. 866. Defective record on appeaL Where the record on appeal does not show that the appellant was summoned to an- swer to the charges, or that the cliarges were ever served upon him, or any material fact except that charges were preferred against the brother, and the committee reported him guilty of contempt and the Lodge expelled him, the judgment of the I>odge will be reversed.— Vaughn vs. Fresno Lodge, 1881 Jour- nal, 571, 580. 246 CONTEACTS-CORRESPONDENCE-COUNSEL. 867. Before expelled for contempt must be reported guilty thereof. Where the Trial Committee meets at a cer- tain time and place, after duly summoning the accused to be present, and after waiting an hour, the accused does not appear, the committee should report the accused "guilty of contempt " in not appearing, before the accused can be expelled for con- tempt under the law. — McAllister vs. Colusa Lodge, 1885 Jour- nal, 401, 431. CONTRACTS. 868. Lodg-es not to enforce private contracts. To make the Lodge the tribunal to enforce private contracts made between brothers of the Order, when no actual fraud appears, would be highly improper. Such a mode of procedure would tend rather to increase than diminish disputes among the brotherhood.— 1871 Journal, 403, 404, 429. (See Agreement; Offenses). CORRESPONDENCE. 869. Committee on Correspondence. The Committee on Correspondence shall consist of three members, whose duty it shall be to examine, conduct and report on all correspond- ence of the Grand Lodge, and to suggest any measure in the nature of the business of their appointment. — Constitution Grand Lodge, Art. VI, Sec. 5. 870. The same — a regfular committee. It is a regular committee appointed each session of the Grand Lodge from among the members present. — Constitution Grand Lodge, Art. VI, Sec. 2. COUNSEL. 871. Must be an Odd Fellow in good standing". It is the settled law that an accused brother has the right to coun- sel, but that the counsel must be an Odd Fellow in good stand- ing. — Paul vs. Laurel Lodge, 1885 Journal, 355, 367; 1863 Journal, 432; 1885 Journal, 286, 403, 432. 872. In benefit investig-ations. A brother who has de- manded an Investigating Committee to hear evidence as to whether he is entitled to benefits, is entitled to counsel. — Rob- inson Appeal, 1887 S. G. L. Journal, 11018, 11035. CREDENTIALS. 247 873. Lodg-e may have counsel. A Lodge has a right to employ or accept the service of a brother to prosecute charges. —Billings vs. Eureka Lodge, 1892 Journal, 695, 697, 72.3. 874. The same. A Lodge has the right to employ a brother to represent it in the prosecution of a cause before it. — Hankerson rs. Santa Lucia Lodge, 1891 Journal, 664, 674. 875. The same— benefit investig-ation, A Lodge has a right to authorize an Investigating Committee, as to a claim for benefits, to employ counsel for the Lodge. — Alexander vs. Eureka Lodge, 1891 Journal, 689, 716. CREDENTIALS. 876. Committee on Credentials. The Committee on Credentials shall consist of three members, who shall be ap- pointed by the Grand Master who is holding over, or the incumbent of the chair at the time of opening the session, and whose duty it shall be to examine and report to the Grand Lodge on the credentials and certificates of members. — Consti- tution Grand Lodge, Art. VI, Sec. 3. 877. The same. It is a regular committee appointed at -each annual session from among the members present. — Consti- tution Grand Lodge. Art. VI, Sec. 2. 878. List of Representatives and Past Grands to be sent to Grand Secretary. The Recording Secretaries of all Lodges shall forward to the Grand Secretary, a certificate under seal, containing the list of representatives elect, and of Past Grands in good standing, at least ten days prior to the session of the Grand Lodge in each year. The Grand Secretary shall provide the necessary blanks. — 1859 Journal, 529. Note,— The certificate that a per- law of all legislative bodies, no newly «on has served a term as Noble Grand elected member has any rights as is merely prima ftKne evidence of such until his credentials have been qualiHcation for ailmission toaGrand properly passed upon by the Body Lodge; and if that Body ascertain, to which he has been elected. It fol- ■even after admission to a seat, that lows that until he is so admitted to tte facts asserted in the certificate membership in the Body, he has no are incorrectly stated, the certificate right in any manner or for any pur- may be set aside, and the seat found- pose to claim the title or exercise any ^ thereon, may be vacated— (1855 of the functions of a member of the S. G. L. Journal, 2460, 2482, 2.'>04). Body— (1876 S. G. L. Journal, 6984, By nnivergal usage and the oommou 7054). 248 CRIME— DANCING. 879. Each Representative entitled to certificate. It is not necessary that each representative should have a separate certificate from his Lodge, but he is entitled to it if he desire it— 1860 Journal, 64, 74. 880. Proper credentials of a Representative. The proper evidence of the election of a Past Grand as Representative to the Grand Lodge, is a certificate under seal from his Lodge. —1859 Journal, 491. 881. Representatives without proper credentials ad- mitted. Past Grands without proper certificates admitted by the Grand Lodge as Representatives upon producing satisfactory evidence of their election, but this action not to serve as a pre- cedent— 1859 Journal, 491, 492; 1862 Journal, 254; 1868 Jour- nal, 475; 1870 Journal, 180, 288; 1873 Journal, 860. 882. Past Grands without proper credentials admit- ted. Past Grands admitted to the Grand Lodge without pro- per credentials on presentation of satisfactory evidence of the right of the brothers to seats. — 1857 Journal, 230. 883. Form of credentials for Representatives. (See Form No. 31 of the Forms afiixed to this Digest.) 884. Form of credentials for Past Grands. (See Form No. 30 of the Forms affixed to this Digest) CRIME. 885. An offense in Odd Fellowship. To commit a crime is an offense in Odd Fellowship. — 1871 Journal, 458, 470. (See Offenses; Installation.) DANCING. 886. Use of Lodg'e room. A Subordinate Lodge has the right to use its Lodge room for the purpose of dancing. It is a matter entirely within the discretion of the Lodge. — 1874 Journal, 111, 117. 887. Permission to use Lodge room necessary. Indi- vidual members of the Lodge have no right to use the Lodge DEBATE-DEBTS— DECISIONS. 249 room for dancing without first obtaining permission from the Lodge or the Trustees thereof. — 1874 Journal, 111, 117. (See Ball, Liquors, Funds.) DEBATE. 888. Rig'ht to speak in Grand Lodg^e. None except offi- cers of and representatives to the Grand Lodge shall have the right, without permission, to speak on any subject at the ses- sion. — Constitution Grand Lodge, Art. II, Sec. 2. 889. Grantingf privilegre of debate in Subordinate Lodge. It would be very inexpedient, if not improper, to con- fer, by a standing regulation, upon a brother of a Lodge under a foreign jurisdiction, the freedom of debate upon all questions that may come before the Lodge. — 1868 S. G. L. Journal, 4382, 4405. 889a. Rig'ht to speak in Subordinate Lodge. A Lodge has no right to deprive a brother of the right to speak, so long as he is a member of the Lodge. A By-Law to that effect ii* illegal.— 1888 Journal, 1026, 1111, 1130. (See Order, Rules and Questions of; Good of the Order.) DEBTS. 890. Collection thereof. Our laws are not intended to be invoked for the collection of debts or for the punishment of offenses not of themselves clearly unbecoming an Odd Fellow. —Levy V8. Magnolia Lodge, 1871 Journal, 403, 404, 426. NoTB.— A Subordinate Lodge has tion of debts— (1893 S. G. L. Journal^ uo jurisdiction to enforce the collec- 13431, 15563). (See Offen.ses.) DECISIONS. 891. Decisions of Sovereign Grand Lodge. The deci- sions and laws of the Sovereign Grand Lodge are the highest authority in the Order, and any law of a State Grand Lodge conflicting therewith must yield to them.— 1859 Journal, 478. Note.— The question whether any and approved by the Sovereign Grand decision of the Sovereign Grand Lodge at the next session, is super- Lodge is law or not does not depend seded by a law adopted at said session on the fact whether it is or is not of the Sovereign Grand Lodge before found in White's Digest, that being a the said decision was approved — mere compilation— (1873 S. G. L. (1895 S.G.L. Journal, 14239, 14525, Journal, 5931, 5952). A decision of 14570). the Grand Sire made during recess. 250 DECISIONS. 892. Duty of Grand Representatives. The Grand Re- presentatives to the Sovereign Grand Lodge shall, upon their return, communicate to the Grand Master all decisions of the Sovereign Grand Lodge, and the secret work of the Order. — 1858 Journal, 383. 893. Decisions of Grand Lodg^e binding" on Subordi- nates. All decisions of the Grand Lodge are binding on all Subordinate Lodges, and neither they nor the Grand Master have a right to disregard them, but are bound to carry all such ■decisions into effect. — 1863 Journal, 441. 894. Grand Lodge decision affects all cases under the law. A decision of the Grand Lodge upon a matter of law, ■dates back to the time of the first existence of the law, and affects -all cases to which said law can apply. — 1858 Journal, 388, 389. 895. Ruling's and instructions of Grand Master. It is the duty of a Lodge and its officers to obey all official commu- nications and instructions of the Grand Master in vacation. His ruling and instructions are law, until reversed by the Grand Lodge, and a Noble Grand has no right to disobey them. A Subordinate Lodge has no right to call in question the acts of the Grand Master. — Felch vs.. Eureka Lodge, 1865 Journal, 56, 69. Note. — Where a Grand Master de- tained, which ou a vote by Lodges re- •cides a question in reference to a Sub- suits in a tie, this cannot be regarded ordinate, which decision is brought as a reversal of the action of the before the Grand Lodge, and a re- Grand Master, but simply equivalent solution is ofifered that the Grand to no expression at all— (1868 S. G. Master's action in the case be sus- L. Journal, 4363, 4402). 896. Decision of District Deputy. It is not necessary that a District Deputy Grand Master should retire and an- nounce himself officially upon entering, in order that his de- e disturbed, but recommended that no more charters be issued therefor.— 1859 Journal, 462, 493, 530. 907. Qualifications of Degree Master, A Scarlet De- gree member is not eligible to fill the office of Degree Master of a Degree Lodge. The same qualifications are necessary as for the Noble Grand of a Subordinate Lodge. — 1869 Journal, 83, 84, 107. NoTK.— It is not expedient to confer Past Degree Masters— (1849 S. G. L. any title or honorary distinction upon Journal, 1402,1476,1511). 908. Degree Master. A Subordinate Lodge cannot elect a Degree Master, neither can a Grand Master appoint a brother to that office.— 1882 Journal, 734, 844, 879. 909. Degree Lodg'es the same as formerly. Degree Ivodges continue the same as before the legislation requiring work to be done in the Third Degree. The Subordinate Lodge may, if it choose, confer the Degrees. — 1882 Journal, 872, 885. 910. More than two degfrees same evening— Dispen- sation. It is necessary that the Degree Lodge should be in 254 DEGREE LODGE— DEGREES. possession of the dispensation to entitle it to confer more than two degrees on a brother the same evening. Where the dispen- sation has not been received by the Degree Lodge, its warrant of authority is the certificate of the Subordinate Lodge setting forth the fact that a dispensation has been granted, together with its terms. — Constitution Subordinates, Art. V, Sec. 2; 1888 Journal, 1111, 1130; 1884 Journal, 15, 116, 153. (See Dispensations.) 911. Certificate and communications under seal. De- grees cannot be conferred except upon written consent, or re- quest, under seal of a Subordinate Lodge, and all communica- tions from Subordinate Lodges must be under seal. — 1854 Journal, 69, 88; 1855 Journal, 155; 1862 Journal, 291; 1882 Journal, 69, 88. 912. Duty of District Deputy Grand Blasters. The District Deputy Grand Masters in districts where a Degree Lodge exists, shall urge upon all the elected officers and mem- bers of the Subordinate Lodges the necessity of their attendance when the degrees are being conferred on their members. — 1859 Journal, 530. 913. Duty of Noble Grand and Vice-Grand of Subor- dinate Lodg'e. In all cases when a member shall receive a degree in a Degree Lodge, it is and shall be the duty of the Noble Grand and Vice-Grand of the Lodge of which such brother is a member, to be present at the conferring of such degree.— 1866 Journal, 202,216. 914. Offenses of Deg-ree Lodg'e. Whenever any Degree Lodge shall violate the Constitution, By-Laws, Rules or Regu- lations of the Sovereign Grand Lodge, or of this Grand Lodge, it shall be liable to a trial and punishment. — Constitution Grand Lodge, Art. XI, Sec. 1. DEGREES. 1. Grand Lodge Degree, page 255. 2. Past Grand's Degree, page 255. 3. Subordinate Lodge, page 262. DEGREES. 255 1. GRAND LODGE DEGREE. 915. A reward for faithful official service only. The Grand Lodge Degree is, by the hiws of the Order, a reward for faithful official service, and not to be conferred for any other consideration than the regular performance of the duties of the- Noble Grand's chair. — 1862 Journal, 270. Note.— District Deputies have no power to confer Grand Lodge and Grand Encampment degrees. They must be conferred by those Grand Bodies respectively, and can regularly be given only during the session in the room where the Grand Body is meeting, but by special permission they may be conferred in an adjacent room— (1847 S. G. L. Journal, 1090, 1091; 1870 S. G. L. Journal, 48.38, 4869). Special sessions may be held by the Grand Lodge for the purpose of instructing in the unwritten work of the Order, and to confer the Grand Lodge and Past Official Degrees — (1879 S. G. L. Journal, 8079, 8174). 916. Upon Past Grand of another jurisdiction. ' The Grand Lodge has no right to confer the Grand Lodge Degree upon a Past Grand of another jurisdiction, who holds a card certifying that he is a Past Grand in good standing, without a certificate from his Grand Lodge, and a request to confer said degree — 1866 Journal, 194; 1878 Journal, 925. Note. — The Grand Lodge Degree that he ia eligible and entitled to the- should be given only when a Past Grand becomes a member of the Grand Lodge— (1853 S. G. L. Jour- nal, 21^4, 2176). A State Grand Lodge may confer the Grand Lodge and Past Official Degrees upon a Past Grand of another State jurisdiction, upon the presentation of a Visiting Card from his own Lodge, and also a certificate executed by the Grand Master and Grand Secretary, under the seal of the Grand Lodge to whose jurisdiction such Past Grand belongs, same— (1868 S. G. L. Journal, 4367, 4402). The Grand Lodge Degree may be conferred upon a Past Grand be- longing to a Subordinate under the immediate jurisdiction of the Sover- eign Grand Lodge, by a State Grand Lodge, on the presentation of a pro- per certificate, signed by the Grand Sire and the Grand Secretary, and attested by the seal of the Sovereign Grand Lodge— (1875 S. G. L. Journal, 6615, 6691). 2. PAST GRAND'S DEGREE. 917. Certificates furnished without vote. A certificate, to receive the Past Grand's Degree, must be furnished without a vote thereon to all past officers entitled thereto. — 1862 Jour- nal, 270; 1852-1861 S. G. L. Journal, 1902, 1953-3359, 3379. ^56 DEGREES. 918. Withdrawal Card and Certificate. A Past Grand who applies for and receives a Withdrawal Card, but through inadvertence, or negligence of the Secretary, is not presented with a certificate for the Past Grand or Grand Lodge Degree, is •entitled to receive the certificate after the expiration of twelve months, as before. — 1875 Journal, 281, 295. 919. Certificate of Lodge taken as true. It is not in- cumbent on the District Deputy to go behind the seal of a Lodge to ascertan whether a brother claiming the Past Official Degrees is legally entitled to receive them, but he may take the certificate of a Lodge as true. — 1863 Journal, 421. 920. What evidence is necessary to entitle to. The amount and character of evidence requisite to entitle a brother to receive the Past Official Degrees shall be a certificate duly authenticated, under seal of his Lodge, where the service in office was rendered, setting forth that the brother served the legal number of nights till the cl6se of the term in the office for which the honors are claimed, and that the brother applying for said degree is a contributing member in good standing of a Subordinate Lodge in this State. — 1860 Journal, 10, 86. Note.— The established law of the Journal, 1845, 1886, 1949, 1898, 1952), Order, is that service for the majority although the officer, during his ab- of the nights of a term, and to the end sence, holds a regular Visiting Card is requisite to entitle one to the Past from his Lodge — (1857 S. G. L. Jour- Official Degrees— (1850 S. G. L. Jour- nal, 2758, 2782) . Service for a major- nal, 1613, 1638; 1852 S. G. L. Journal, ity of nights of a term in the office of 1845, 1886, 1949; 1852 S. G. L. Jour- Noble Grand, entitles the brother to iial, 1898, 1952). A resignation of the honors of Past Noble Grand, al- the incumbent at any time previous though leave of absence be granted for to the expiration of the term works the remainder of the term — (1882 S. a forfeiture of those degrees— (1848 G. L. Journal, 8838, 9025, 9101). Uu- S. G. L. Journal, 1198, 1245; 1850 S. less an officer is present in the Lodge- G. L. Journal, 1613, 1638). Leave of room the majority of the meeting absence for a majority of the nights nights of his term (unless excused by of his term works a forfeiture of the reason of sickness), he is not entitled honors of the term to the officer to to the honor of his office — (1883 S. G. whom leave is granted— (1852 S. G. L. L. Journal, 9371, 9456). 921. Suspended Noble Grand— on appeal suspension reversed. If a Noble Grand should be suspended before hav- ing served the regular term to entitle him to the Past Noble DEGREES. 257 Grand's Degree, and that act, on appeal to the Grand Lodge, should be reversed, he would be entitled to the honors of the office.— 1861 Journal, 188. 922. Past Grand cannot confer without authority. A Past Grand has no right to confer Past Official Degrees without special authority from the Grand Master. — 1867 Journal, 357. 923. Vice-Grand elected Noble Grand to All remain- der of term. The Noble Grand of a Lodge, having been absent for three months, his seat was then declared vacant. The Vice-Grand had filled his own chair for a majority of the nights of the term. The Vice-Grand can be elected Noble Grand and will be entitled to the Past Official Degree only by resigning his office as Vice-Grand, and being elected as a Scar- let Degree member by a dispensation. — 1872 Journal, 577, 666, 684. See, also, 1849 S. G. L. Journal, 1443, 1475, 1511. 924. Grand Master or District Deputy Grand Master may confer. The Grand Master in person may confer the Past Official Degrees, and the District Deputy Grand Master may confer Official Degrees on Past Grands. — Constitution Grand Lodge, Art IV, Sees. 1 and 7. Note. — State Grand Lodges may qualified, or may direct said degree anthorize District Deputy Grand to be conferred in any other manner — Masters to confer the Past Grand De- (1847 S. G. L. Journal, 1091). gree at any time upon persons duly 925. Honors of Past Grand cannot be conferred on Treasurer. A Lodge, as a testimony of appreciation of the services of its Treasurer for five years, cannot vote to confer upon him the honors of Past Grand. A brother is entitled to the honors only after he has served as Noble Grand the re- quired time.— 1896 Journal, 436, 607, 636. 926. Retiring" Noble Grand not present at Installation, The retiring Noble Grand of a Lodge, although not present at the installation of his successor, having served a majority, of the meetings and to the end of the term, is entitled to the rank of Past Grand and to the Chair of Acting Past Grand. — 1891 Journal, 585, 686, 715. 17 258 DEGKEES. 927. A Noble Grand suspended for cause. A Noble Grand who serves the majority of the nights of the term, and then, before the expiration of the term, is suspended for cause, is not entitled to the honors of the office of Noble Grand. Any brother to be entitled to the honors of an office, must serve the majority of the meeting nights of a regular term, and continue in office until the end thereof. The suspension of an officer for cause vacates his office. It is not necessary for a Lodge to im- mediately elect a successor to a suspended Noble Grand. — 1895 Journal, 18, 185, 235. 928. Sickness of officer or family is service. Unavoida- ble absence of an officer arising from personal sickness, or sick- ness in his family, is considered service. — 1856 Journal, 216; 1861 Journal, 202; 1863 Journal, 425, 426. 929. Service a majority of nights and sickness. To be entitled to the honors of Past Grand, a member must serve a majority of the nights of a term, except when elected to fill a vacancy as Noble Grand, and to the end of such term (unless excused for sickness of self or family). Where an officer is ex- cused for sickness of self or family, it is to be considered that such officer has served the nights for which he or she has been excused on account of such sickness. — 1895 Journal, 21, 195, 196, 236. 930. Service till end of term required. The Past Official Degrees cannot be conferred except for actual service in office (after due election and installation) for a majority of nights in the term (except when elected to fill a vacancy), and to the end of the term for which the honors are claimed. — 1863 Journal, 424. 931. First Noble Grand, and eleven nights' service. The first Noble Grand of a Lodge who was elected seventeen nights before the close of the term, and who served eleven nights of the seventeen, but was absent the other nights, but whose office was not declared vacant, thereby becomes a Past Grand and entitled to the official degrees. — 1859 Journal, 511. 932. Served thirteen nights and present one night, no meeting. A Noble Grand who has served thirteen nights. DEGREES. 259 and was present one night, the Lodge holding no meeting that night, is entitled to rank as Past Grand and receive the honors of Past Official Degrees.— 1882 Journal, 741, 844, 879. 933. Served fourteen nights and then absent. A Noble Grand who serves fourteen nights of his term, but who is absent the balance of his term, is entitled to the honors of the oflfice.— 1887 Journal, 770, 875, 888. 934. Vice-Grand acts as Noble Grand. When the Noble Grand is absent from the Lodge a majority of the nights of his term, and the Vice-Grand occupies the chair of the Noble Grand during such absence, by so doing the Vice-Grand is not disquaiihed from receiving the honors of Vice-Grand although he did not act as Vice-Grand a majority of the nights of his term.— 1882 Journal, 739, 844, 879. 935. The same. A Vice-Grand who may have served a majority of nights of a term as Noble Grand, or who temporarily fills tlie Noble Grand's chair for the remnant of a term, without having been elected to that chair, would only be entitled to the honors of Past Vice-Grand for the term. He is not entitled to the honors of the superior office. — 1862 Journal, 305, .310, 319. 936. Vice-Grand elected Noble Grand to All vacancy. Where the Noble Grand resigns his office, and the Vice-Grand is duly elected to fill the vacancy, he is thereafter entitled to all the honors as Noble Grand.— 1886 Journal, 538, 620, 646. 937. When honors of Vice Grand forfeited. A Vice Grand elected and installed as Noble Grand to fill the vacancy ■caused by the resignation of the Noble Grand, forfeits the hon- ors of the Vice Grand, and they pass to his successor. — Solomon VH. Placer Lodge, 1869 Journal, 65, 76, 78. 938. A Scarlet Deg-ree member elected Noble Grand. A Scarlet Degree member elected and installed, under dispensa- tion properly issued, to the office of Noble Grand, to fill a vacancy, and serving the last part of the term, is entitled to the Past Grand's degree.— 1868 Journal, 413, 526, 527. 939. Service from July 1st to November 1st and then absent. A NoIjIc (irand who served from July 1st to Novem- 260 DEGREES. ber 1st, and then applies for, and is granted a leave of absence for the balance of his term, is entitled to the Past Grand's degree at the end of the term.— 1882 Journal, 740, 844, 879. 940. Must serve a majority of nig-hts. A brother who has been elected to the office of Noble Grand, must serve a majority of the regular meetings of the term for which he was elected, unless elected to fill a vacancy or prevented by sick- ness of self or family.— 1887 Journal, 768, 875, 888. 941. Present ten nights of a term. A Noble Grand who has onl)^ been present ten nights of a term but who was granted leave of absence, cannot have the honors of the office. — 1894 Journal, 604, 731, 737. 942. Withdrawal Card on last night of term. Where a brother is elected Noble Grand, and serves thirteen or fourteen nights of the term, and applies for a Withdrawal Card from his Lodge, to aid in organizing a new Lodge, and his With- drawal Card was granted on the last night of the term, (he be- coming a charter member of the new Lodge), he is not entitled to the honors and degree of a Past Grand, not having served as Noble Grand to the end of the term for which he was elected. — 1864 Journal, 564, 566. 943. Served less than a majority of nights and leave of absence. A brother was elected Noble Grand; he served less than a majority of nights of the term, and was then granted a leave of absence by the Lodge and served no more. No vacancy was declared, and the Vice Grand acted during the balance of the term in his place. In this case the Noble Grand is not entitled to the honors. — 1867 Journal, 346, 359. 944. Actual service in office required. A Lodge has a right to grant leave of absence, but actual service in office, at least a majority of the nights of the term, whether the officer is absent with or without leave of the Lodge, except in case of sickness, is required to entitle an officer to the honors of the office, —1869 Journal, 125, 126. 945. Election of Scarlet Degree member without dis- pensation. Where a vacancy occurs in the office of Noble DEGREES. 261 Grand by resignation, and all qualified brothers refuse to serve and the Vice Grand, who is a Scarlet Degree member that has not served a term as Vice Grand, or the balance of the term to fill a vacancy, is elected and installed Noble Grand, without dispensation^ no objection being raised, and the Lodge acting in good faith, and serves as Noble Grand the balance of the term, the irregularity (the want of dispensation) is cured, and the brother is entitled to the rank of Past Grand. — Solomon vs. Placer Lodge, 1869 Journal, 65, 76, 78. 946. Elected and installed last nigfht of term. A brother is entitled to the honors of an office if he be elected thereto to fill a vacancy, and installed on the last night of a term; provided^ he be elected in accordance with the Constitu- tion of Subordinates. If a brother should be so elected and in- stalled into the chair of the Vice Grand, on the last night of a term, he would be eligible to the office of Noble Grand. — 1861 Journal, 202, 203. 947. Re-election as Noble Grand of a brother who had resigfned the office. A Noble Grand who passes the chairs in the following manner is not entitled to the honors, viz: He is elected and installed at the commencement of the term, leaves the State, sends back his resignation after having been absent long enough, so that the Lodge might, had they been so disposed, declared the seat vacant; a Past Grand is elected to fill the vacanc}^ towards the end of the term the for- mer Noble Grand comes back, the Past Grand resigns and the Noble Grand is re-elected and serves the last of the term, but fails during the whole term to serve a majority of the nights. — 1867 Journal, 838, 349, 350. 948. Resig-nation at last meeting* of term, but opens Lodgfe at all meeting's. A (jualified member is elected and installed as Noble Grand of a Lodge. The roll-call shows that he opened the Lodge at every meeting of the term, but the min- utes show that he resigned the office at the last meeting of the term. He is entitled to a certificate for the Past Noble Grand's degree.— 1872 Journal, 657, 658, 677. 949. A Noble Grand receives the honors of Past Grand when not entitled thereto. Any officer of a Sul>ordi- 262 DECREES. nate Lodge who shall have served a majority of the meeting nights of a regular term, and shall have continued in office until the end thereof, shall be deemed to have served a full term, and is entitled to the honors. If a Noble Grand, through no fault of his own, receive the honors of Past Grand when not entitled thereto, as he had not served for the period required, he thereby becomes a Past Grand and he cannot be deprived of the honors he "has received. — 1891 Journal, 688, 701, 702, 727. 950. When two Lodg-es consolidate. When two Lodges consolidate before the end of a term, the Noble Grand of the Lodge surrendering its charter does not become a Past Grand. —1889 Journal, 32, 122, 163. 951. When retiring* Noble Grand is elected to office. When the retiring Noble Grand is elected to another office at the end of the term, he does not forfeit the honors of Past Grand.— 1889 Journal, 34, 122, 163. 3. SUBORDINATE LODGE. 952. Application for degrees — Ballot — Certificate. Application for election to either of the three subordinate degrees shall be accompanied with the amount required there- for, and presented to the Lodge, under the proper head, when the Lodge shall ballot upon the application, and if not more than two black balls or cubes be cast, he shall be declared elected; and if the Lodge do not confer the degrees upon its own members, a certificate shall be given the applicant, ad- dressed to a Degree Lodge, or officer authorized to confer degrees, showing that he is a member of this Lodge, and has been authorized to receive them. — Constitution Subordinates, Art. V, Sec. 1. 953. Number conferred at one meeting*— Dispensation — Renewal of application. Not more than two degrees shall be conferred upon a candidate at any one meeting, except by- dispensation. If any degree be refused a brother, no applica- tion shall be again received from him within three months. — Constitution Subordinates, Art. V, Sec. 2. 954. Certain By-Laws void. A By-Law which provides that when an applicant for the degrees is rejected he cannot DEGREES. 263 apply again for the space of six months is in conflict with the provisions of the Constitution, and therefore void. — 1889 Jour- nal, 31, 144, 162. 955. Right of Subordinate Lodg-e to confer. The right to confer the Subordinate Degrees upon their own members is guaranteed to Subordinate Lodges by their charters. It is an in- herent right, and no State authority in our Order is competent to contravene it. — 1872-1875-1876 S. G. L. Journal, 5280, 5497, 5544-6574, 6641, 6978, 7051, 7041, 7082. • 956. Lodg-e's privileg-e to investigate applicant's character, health and condition. It is the privilege of a Lodge to investigate the condition, character and health of a brother when he applies for the degrees. — Williams vs. Yerba Buena Lodge, 1889 Journal, 136, 160. 957. The same. There is no provision of law requiring a statement by a brother as to his physical condition when he applies for degrees, although the Lodge has the power to request such statement of him. — Williams vs. Yerba Buena Lodge, 1889 Journal, 137, 160. 958. Commencing" saloon business after initiation. Should a person receive the initiatory and first degrees, and thereafter, and before receiving the second degree, go into the saloon business, he is not only disqualified from further ad- vancement in the Order, but charges should be preferred against him.— 1896 Journal, 413, 581, 628. 959. Only two degrees a week except by dispensa- tion. The evident intent of Section 2, Article V, Constitution of Subordinates, was to authorize only two degrees to be con- ferred on a candidate on one day or one evening. Two degrees on a candidate in one week is all that is authorized by the sec- tion except by dispensation.— 1888 Journal, 1111, 1130, 1106, 1019. 960. Ballot in Third-deg-ree. Ballot for degrees must be had in tbe Third-degree.— 188() Journal, 536, 620, 646. NoTK..— Bftlloting for all degrees JK)2r>. 9101, 8992, 9087). ^Vhen a mast take place in the Third degree — Lodge is open in the First degree, (1882 8. G. L. Journal, 8839, 8840, and has concluded the business to be 264 DEGREES. transacted in such degree, and de- scribed by the degree charge-book, sires to open in the Second degree, and the same rule applies to all de- the Lodge must close in the First grees— (1866 S. G. L. Journal, 3876, degree before opening in the Second 3953, 3987). degree, in the manner and form pre- 961. Two Lodg-es cannot confer degrees at same time and place. Only one Lodge can be in session at the same time and place, and confer the degrees, although another Lodge may be present at the conferring of the degrees. — 1869 Journal, 12, 125, 126. 962. Joint meeting's. Lodges cannot hold joint meetings in any degree.— 1872 Journal 666, 684. 963. When applicant may apply. A candidate may apply for the degrees as soon as he has been initiated, and if elected may have them conferred. The application for the degrees may be all at one time, but not more than two degrees can be conferred on the same evening without a dispensation. —1884 Journal, 14, 116, 153; 1888 Journal, 1111, 1130, 1106, 1019; Constitution Subordinates, Art. V, Sec. 2. Note.— There is no law compelling to decide whether he shall advance or a Lodge to give a brother his degree, not. No one can question their right no matter how good he may stand on to reject or refuse to confer the de- the books of the Lodge. He must be gree on any brother — (1872-1873 balloted for, and it is for the voters S. G. L. Journal, 5279, 5919, 5950). 964. Subordinate Lodge and Degree Lodg^e. A Sub- ordinate Lodge has the right to confer the degrees upon its members, notwithstanding the existence of Degree Lodges. — 1882 Journal, 872, 885. Note. — The organization of a De- nor compel them to send their mem- gree Lodge in the city, town or dis- bers to a Degree Lodge to receive the trict, does not interfere with the right Degrees— ( 1869 S. G. L. Journal, 4652; of Subordinate Lodges to confer the 1875 S. G. L. Journal, 6350, 6619, Degrees upon their own members, 6692). 965. When initiate may apply for and receive First Degree. A brother can apply for the First Degree immediately after his initiation, and he can receive a degree on the night of his application therefor, without a disj^ensation. — 1882 Jour- nal, 976; 1883 Journal, 1001, 1150, 1175. DEGREES. 265 966. Regular and special meetings. A Lodge has a right to confer degrees at a special meeting called for the pur- pose, but the degrees must be applied for at a regular meeting. —1866 Journal, 199, 216. 967. Cannot ballot at special meeting. A Lodge has no right to ballot for the degrees at a special meeting called for the purpose of conferring the degrees. — 1881 Journal, 500, 601, 627. 968. When Noble and Vice-Grand absent and Past Grand present. A Past Grand has not the right to open the Lodge in the absence of the Noble Grand and Vice-Grand, and to confer degrees, there being only five members present, in- cluding one visiting brother. — 1861 Journal, 167, 168. 969. The proper officers to confer. The Noble Grand, and in his absence the Vice-Grand, is the proper officer to con- fer the degrees in the Subordinate Lodge. — 1857 Journal, 271. 970. Past Grand and District Deputy Grand Master. The District Deputy Grand Master, or an experienced Past Grand, may be invited to confer them.--1857 Journal, 271; 1858 Journal, 331, 393, 398; 1864 Journal, 515. 971. A separate ballot for each degree. It is illegal to ballot for the three degrees of Odd Fellowship at one and the same ballot; a separate ballot must be had for each degree. —1886 Journal, 536, 620, 646; 1887 Journal, 771, 875, 888. 972. May apply for degrees orally or in writing. The application for degrees may be made in writing or verbally in open Lodge. The Secretary of the Lodge, after receiving the candidate's fee for a degree, may apply for the degree for him in open Lodge.— 1866 Journal, 536, 620, 646; 1887 Journal, 771, 875, 888. 973. Motion to reconsider. Inasmuch as the balloting for degrees is the same as on a proposition for membership, by secret ball ballot, and no one is supposed to know at any time how another votes, the parliamentary rule refjuiring a motion to reconsider to come from a brother voting with the majority, does not apply to a ballot for degrees. — Marx vs. Mtna. Lodge, 1883 Journal, 1008, 1160, 1180. 266 DEGREES. 974. When may reconsider a favorable ballot A Lodge has the right to reconsider a favorable ballot for degrees at any time before the degrees have been conferred. — 1873 Journal, 870, 892; Marx vs. ^Etna Lodge, 1883 Journal, 1008, 1166, 1180. 975. One candidate at a time in second part of Sec- ond Deg'ree. In conferring the Second Degree, it is neither proper nor permissible to introduce more than one candidate at a time in the second part. —1882 Journal, 734, 844, 879. 976. On more than one person at a time. It is an- cient usage to confer degrees on more than one person at a time. — 1857 Journal, 272. 977. Conferred on members of other Lodg-es upon request, under seal. The degrees cannot be conferred by a Lodge upon a member of another Lodge, except upon its writ- ten consent or request, under seal, and if so conferred, no charge should be made, but if requested, the fee fixed by the applicant's Lodge should be collected and forwarded to said Lodge.— 1854 Journal, 69, 88; 1855 Journal, 155; 1882 Jour- nal, 844, 879. Note. — A certificate to authorize a Lodge, upon the presentation of a brother to receive his degrees away duly authenticated degree certificate, from the location of his Lodge, can if the holder be in good standing, to only be granted by application to his confer the degrees upon the candidate Lodge at a regular session — (1868 S. holding and presenting such certifi- G.L.Joiirnal, 4240, 4347, 4414, 4430). cate— (1867 S. G. L. Journal, 4069, No Lodge has the right to give a cer- 4087, 4201; 1871 S. G. L. Journal, titicate to receive the degrees until the 5552, 5578) . fees are paid. It is the duty of any 978. Conferred on members of another Jurisdiction. A Lodge may confer the degrees on a member of a Lodge in another jurisdiction who has a Traveling Card with the Annual Traveling Password and a certificate of his Lodge that the de- grees have been voted him and paid for, with a request that they be conferred.— 1870 Journal, 188, 255, 282. 979. The same. When a Lodge requests another Lodge to confer the degrees upon one of its members, and the brother on whom they are to be conferred does not appear, and moves out DEGREES. 267 of the jurisdiction of the Lodge requested, that Lodge has no more to do in the matter. The brother should apply to his Lodge for a request on any Lodge where he can appear and re- ceive the degrees. — 1879 Journal, 24, 101, 110. 980. Where a brother takes a Withdrawal Card and removes. Where a brother joins a Lodge, an^ applies for and pays for the three degrees, but receives the first only, and then removes to another district, applying for and receiving his Withdrawal Card and an order for the two degrees for which he has paid, and then joins another Lodge as a First Degree member, requesting the Lodge to confer the other two degrees for which he has an order, the Lodge is in duty bound to con- fer the two degrees upon the brother, but the Lodge receiving the money for the two degrees should refund the fees to the Lodge conferring the degrees. After receiving his Withdrawal Card from his Lodge, the brother could not receive the other two degrees from a Degree Lodge before depositing his With- drawal Card in another Lodge. — 1875 Journal, 301. 981. Deg^rees under the old work and the new work^ A visiting brother who is in possession of the degrees under the old work is entitled to be present when the degrees under the new work are being conferred, without any order from his Ivodge. Such a brother ranks as a member of the Third De- gree of the new work, without charge and without the confer- ring of the revised degrees. — 1882 Journal, 735, 737, 844, 879. 982. A brother who has not the right to visit. In- structions cannot be given in any of the degrees of the Order ta a brother who has not the right to visit the Lodge in which he desires instruction. — 1858 Journal, 390. 988. The meaning: of certain words. The words in a by-law that ** no degree shall l)e conferred on a brother who is in arrears for dues," means that the brother's dues must be paid up to the time of receiving the degree. — 188^ Journal, 287, 403, 432. 984. Initiatory degree. The initiatory is a degree in Odd Fellowship, but it is not numbered as such. — 1888 S. G. L. Journal, 11104, 11368, 11396. 268 DEGREE TEA.M-DEMURRER— DEPOSITIONS. 985. The four deg^rees. The four degrees of a Subordi- nate Lodge are denominated, Initiatory, First, Second and Third degrees.— 1888 S. G. L. Journal, 11104, 11368, 11396. 986. The Third op Scarlet deg-ree. The proper style and name of the highest degree of the Subordinate Lodge is Third Degree, or the Degree of Truth, and by that title it should be designated in giving instructions or when used offi- cially; but inasmuch as it is incidentally referred to in the work as the Scarlet degree, there is no impropriety in referring to it in that manner.— 1883 Journal, 9370, 9456. 987. Candidates appear without regalia. In all cases when a candidate enters the hall to receive the degrees, he should appear without regalia. — 1860 Journal, 76; 1885 S. G. L. Journal, 10133,10179. 988. Right of leaving" the Lodg-e-room. A member may leave the Lodge-room when the Lodge is closed in the Ini- tiatory Degree to be reopened in the second, without the per- mission of the Noble Grand.— 1886 Journal, 535, 620, 646. 988a. The same. The Noble Grand cannot require a brother to retire who may have received the First or Second Degrees before the Lodge has closed in the degree so received. —1889 Journal, 34, 122, 163. (See Fees; Dispensations). DEGREE TEAM. 989. Should address the chairs. A Degree Team should address the chairs on retiring and re-entering from the prepar- ation room. — 1891 Journal, 586, 686, 715. DEMURRER. 990. To Charg'es. A demurrer may be interposed on the ground of the insufficiency of the charges. (See Trials). DEPOSITIONS. 991. Manner of taking", etc. Our laws provide for and regulate the manner of taking depositions. (See Trials). DIGEST— DIPLOMAS. 269 DIGEST. 992. Must have them in Lodge-room at each session. The Noble Grand of each Lodge in this jurisdiction is required to have present in the Lodge-room on each Lodge-night, such digests of the laws and decisions of the Order as may be in possession of the Lodge, for the convenience of the brothers, in case they are required for reference. — 1866 Journal, 179, 180. Note. — White's Digest of the laws Grund Lodge is law or not does not and decisions of the Sovereign Grand depend on the fact whether it is or is Lodge is a mere compilation, and not found in White's Digest— (1873 S. whether any decision of the Sovereign G. L. Journal, 5931, 5952). 993. The Lodge and the District Deputy Grand Master. A Digest belongs to the Lodge that buys and pays for it. A District Deputy Grand Master is also supposed to have one, but that does not belong to a Lodge, and Section 992 of this Digest does not apply to the one that belongs to the office of the District Deputy Grand Master.— 1897 Journal, 807, 1030,1050. ( See Grand Secretary, under head of Officers; District Deputy Grand Master, under head of Officers.) DIPLOMAS. 994. Duties of Grand and Subordinate officers. Offi- cers of the Grand or Subordinate Lodges are prohibited from signing any diploma not issued by authority of the Sovereign Grand Lodge, and properly authenticated by the Grand Secre- tary of that body, written or engraved on the margin thereof; and all diplomas not issued by the Sovereign Grand Lodge, which have been signed by any officer of a Grand or Subordi- nate Body, are of no force or effect, and the same are null and void.— 18H0 Journal, 8, 9, 27. 995. Who authorized to issue. The Grand Master and Grand Secretary are authorized to issue to members the new diploma (furnished by the Sovereign Grand Lodge) under seal of the Grand Lodge. — 1860 Journal, 81. NoTK. — Past officers cannot be de- havinj? filled said offices, and evidence prived of their rank simply because of said rank should be shown in their theyare not members of Grand Lodges diplomas— (1884 S. G. L. Journal, or Grand Encampments, but are en- 9821). titled to their rank by virtne of their (See Grand Secretary, under head of Officers.) 270 DISMISSAL CERTIFICATES. DISMISSAL CERTIFICATES. 996. After five years' suspension. A member, after being suspended in this jurisdiction for non-payment of dues for the space of five years, wishing to join a Lodge in this jurisdiction, shall be entitled to receive, and the Lodge shall grant him, upon proper application, a dismissal certificate, upon the receipt of one dollar. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 4. 997. To reg'ain membership in another jurisdiction. A member suspended from membership in this jurisdiction for non-payment of dues, wishing to regain membership in another jurisdiction, shall, upon proper application, be entitled to re- ceive from the Lodge from which he was so suspended, a dis- missal certificate, upon the payment to said Lodge of one dollar. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 5. 998. When the Lodg'e has refused to reinstate. In all cases, when a member has been suspended for non-payment of dues, and his Lodge has refused to reinstate him, he shall, upon proper application, be entitled to receive, and the Lodge shall grant, a dismissal certificate, upon the receipt therefor of one dollar. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 6. Note. — The law in relation to dis- Lodge, and payment of the fee, with- missal certificates was intended to out a vote of the Lodge — (1870S. G. ■cover all allowable cases, and there is L. Journal, 4932). A Lodge or En- no authority for a Subordinate to grant campment, upon proper application dismissal certificates, except as pro- and the receipt of one dollar may, at vided by law— (1877 S. G. L. Jour- the discretion of the Lodge or Eu- nal, 7375, 7473). In cases where the campment, by a majority vote of the law makes it obligatory upon Lodges members present, grant a dismissal to grant dismissal certificates to bro- certilicate to a member suspended for thers suspended or dropped for non- non-payment of dues, to enable such payment of dues, it shall be the duty suspended member to join a Lodge in of the Noble Grand and Kecording the same jurisdiction ])efore five years Secretary to issue such certificates have expired— (1880 S. G. L. Journal, upon proper application, in open 8487). 999. Holders thereof may be readmitted to member- ship, but no rig^ht to visit. Dismissal certificates may be received from the holders thereof, on application for member- ship in Subordinate Lodges, in the same manner and with the DISMISSAL CERTIFICATES. 271 same effect as withdrawal cards; and applications made on such certificates shall be received and acted upon in like man- ner as upon withdrawal cards. But the holders of such certifi- cates shall in no case be allowed to visit thereon. — Constitution Subordinates, Art VIII, Sec. 1, Clause 7. 1000. Brother under charges not entitled to. While a Lodge is preparing to bring charges against a member for conduct unbecoming an Odd Fellow, the member is not entitled to a dismissal certificate. — 1884 Journal, 13, 116, 153. Note. — A Lodge has no right to re- this right and Subordinate Bodies fuse a dismissal certificate to a mem- must conform to them — (1871 S. G. L. ber suspended for non-payment of Journal, 4993, 5194, 5245). Unless dues and who makes proper applica- charges are preferred— (1885 S. G. L. tion for the same. The laws of the Journal, 9856, 10105, 10176). Sovereign (Jrand Lodge insure to him 1001. Guilty of improper conduct after suspension for non-payment of dues. Where a brother is suspended for non-payment of dues, and afterwards, in accordance with law, applies to the Lodge for a dismissal certificate, the Lodge must grant the same. Should the brother have been guilty after his suspension of conduct unbecoming an Odd Fellow, the Lodge must still grant the dismissal certificate or prefer charges and try the brother.— 1883 Journal, 1001, 1150, 1175. 1002. Grand Officers cannot g-rant. Dismissal Certifi- cates are granted only by Lodges in good standing and not by Grand Officers of a jurisdiction. — 1890 S. G. L. Journal, 11091, 12217, 12281. 1003. A member of a defunct Lodg-e. A member of a defunct Lodge cannot obtain a Dismissal Certificate from the dead body, but must apply to the Grand Secretary of his de- funct Lodge's jurisdiction for a card to enable him to apply for membership.— 1890 S. G. L. Journal, 11091, 12217, 12281. 1004. Where a person was initiated without rigfht. Where a Lodge initiates a person without the knowledge tliat he had formerly been a member of the Order and suspended for non-payment of dues, and the ])erson having acted innocently through ignorance, it should refund his initiatory fee and dis- 272 DISPENSATIONS. miss him without card or certificate. The person so dismissed is entitled to a dismissal certificate from the Lodge which suspend- ed him for non-payment of dues. — 1881 Journal, 517, 595, 624. 1005. Form of Dismissal Certificate. See Form No. 63 of the forms affixed to this Digest. 1006. The Sovereig^n Grand Lodge supplies them. The certificates named in this section (Dismissal Certificates), shall be only those provided by the Grand Secretary of the Sove- reign Grand Lodge. — Constitution Subordinates, Art. VIII. Sec. 1, Clause 8. Note. — They are sold as other supplies are sold and at the same rate as cards.-(1880S. G. L. Journal, 8487.) 1007. Must show deg-ree and rank of holder. A Dis- missal Certificate, when issued, shall show upon its face the highest degree and rank obtained by the brother to whom the same is issued.— 1884 S. G. L. Journal, 9722, 9798. (See Charter and Charter Members.) DISPENSATIONS. 1008. Grand Master may g^rant certain dispensations. He may grant dispensations — 1st. To confer degrees on a member without delay. 2nd. To allow members of the Order to appear in public in regalia. 3rd. To allow Lodges to apply to other Lodges for assist- ance. 4th. To allow Lodges to admit to membership persons who reside near some other Lodge. 5th. To authorize the installation of officers in public. 6th. To give entertainments for the benefit of the Order. 7th. To authorize the balloting for and initiation of a can- didate at the time his proposition is presented to the Lodge. 8th. To allow Subordinate Lodges to change their place of meeting. 9th. To allow a brother to be reinstated after expulsion. DISPENSATIONS. 273 10th. To institute Lodges and authorize them to work as such until the next session of this Grand Lodge. 11th. To empower Subordinate Lodges to elect Scarlet- degree members to any office in such Lodge; provided all qual- ified brothers refuse to serve. He may in person confer the Past Official degrees, and, when present at a special meeting of a Subordinate Lodge, he may exercise the powers conferred on him by the first and seventh subdivisions of this section. — Constitution Grand Lodge, Art. IV, Sec. 1. Note.— Neither a Grand Lodge nor 2781, 2818). Neither can a Grand a Grand Master can dispense with Lodge nor a Grand Master grant a dis- the regular meetings of a Lodge; pensation to enable a Subordinate to Buch dispensations are illegal and ira- suspend the payment of weekly ben- proper— (18o7 S. G. L. Journal, 2725, etits— (1857 S. G. L. Journal, 2831). 1009. Power does not extend beyond his term. The Grand Master has no power to grant a dispensation which will not take effect until after his term of office shall have expired. —1887 Journal, 771, 875, 888. 1010. Grand Master's permission required in certain cases. This Lodge shall not have a public procession unless to attend the funeral of a member, nor have any public cele- bration of any kind, nor get up any ball or public amusement in the name of the Order, nor admit to membership any mem- ber of an expelled or extinct Lodge, nor reinstate an expelled or suspended member of this Lodge, without permission of the Grand Master. — Constitution Subordinates, Art. X, Sec. 2. 1011. Power of Grand Master. The Constitution is ex- plicit in defining the power of the Grand Master as to the granting of dispensations, and no departure should be made from the strict letter of the law either by officers or Lodges. — 1870 Journal, 474, 508. 1012. May be withdrawn by Grand Master. The Grand Master has a right to withdraw a dispensation when granted. —1870 Journal, 296. 1018. Applications, how made by Lodg^e. Applications for dispensations can be preferred to the granting officer by 18 274 . DISPENSATIONS. Subordinate Lodges only, and then only in writing under seal. —1858 Journal, 387. 1014. No dispensation to Lodge committee. The Grand Master has no power to issue a dispensation to a com- mittee of a Lodge.— 1887 Journal, 769, 875, 888. 1015. Night of meeting and By-Laws. The Grand Master cannot grant a Subordinate Lodge a dispensation to meet on Thursdays instead of Saturdays for two months. He cannot grant one to disregard its By-Laws. — 1894 Journal, 605, 731,771. 1016. Dispensation to change time of meetings. The Grand Master is authorized and empowered to grant permis- sion to any Subordinate Lodge to change its meetings to once in two weeks, when he deems it for the interest of the Lodge so to do; provided, the same only be done upon a petition signed by at least two-thirds of the members of the Lodge. — 1873 Journal, 891, 892. 1017. The same> Before a Subordinate Lodge can pass an amendment to its By-Laws, providing for semi-monthly in- stead of weekly meetings, said Lodge must obtain permission to hold its meetings every two weeks from this Grand Lodge or the Grand Master.— 1879 Journal, 126, 142. 1018. To appear in public in regalia. No Lodge has a right to appear in public in regalia without a dispensation, and the only officer who is authorized to grant such a dispensation is the Grand Master. At funerals the regular authorized fune- ral regalia should be worn. — 1895 Journal, 19, 185, 235. 1019. To ballot for, elect and initiate. The Grand Master is the only officer who has the power to grant a dispen- sation to receive the application of, ballot for, and, if elected, initiate a candidate the same evening. — 1895 Journal, 20, 195, 196, 236. 1020. To receive petition, elect and initiate at special meeting. A dispensation cannot be issued by the Grand Master to receive the petition of a candidate, ballot thereon, DISPENSATIONS. 275 ^nd, if elected, to initiate him at a special meeting. The Con- stitution requires that the petition, when presented at a regu- lar meeting, shall lie over until the following meeting; the •Grand Master, however, being present at a special meeting, can issue such dispensation. — 1896 Journal, 411, 588, 629. 1020a. When may receive petition and elect at special meeting" by dispensation. A Lodge cannot receive a petition for membership, or act on the report of a committee on a petition, and ballot for membership at a special meeting, unless the •Grand Master be present at the special meeting and grant a •dispensation therefor. After a candidate has been elected at a regular meeting, a special meeting may be called to initiate .such a candidate. Constitution Grand Lodge, Art. II, Sec. 1. —1897 Journal, 808, 1030, 1054. 1021. Grand Master and fees for degrees. The Grand Master cannot issue a dispensation to Lodges, authorizing them to initiate persons and confer on them the three degrees for a less sum than specified in the Constitution. — 1896 Jour- nal, 407, 688, 629. 1022. Initiation fee and By-Laws of Lodge. The Grand Master cannot grant a dispensation to set aside the By-Laws of a Lodge or to reduce the initiation fee as fixed therein. — 1895 Journal, 22, 195, 196, 236. 1023. Less fees than fixed by the Grand Lodge. No •one has authority to grant a dispensation to a Lodge to admit members for less than the minimum fees fixed by the Grand Lodge.— 1895 Journal, 20, 195, 196, 236, 180, 250. 1024. District Deputy Grand Masters may grant cer- tain dispensations. The District Deputy shall have power to grant dispensations to Lodges in his district, for conferring the Three Degrees in less time than may be otherwise permitted, when circumstances require it; for the election of any third de- gree member of the Lodge to any office in such Lodge in case all qualified members refuse to serve; for holding public in- stallations of officers, and for the giving of social parties in the name of the Order. — Constitution Grand Lodge, Art. IV, Sec. 7. 276 DISPENSATIONS. 1025. Cannot Suspend Constitution, A dispensation can- not be granted by a Grand Master or his Deputy to annul or sus- pend any part of the Constitution of a Subordinate Lodge. A dis- pensation is a permission, not a command. — 1857 Journal, 270. 1026. Cannot admit Ancient Odd Fellow or a brother as visitor by dispensation. The Grand Master, or other elective Grand Officer, and the District Deputy Grand Master have no power to grant a dispensation to admit an Ancient Odd Fellow or any other brother to a Lodge as a visitor. — 1857 Journal, 286. 1027. To receive petition, elect and initiate on same evening", and District Deputy Grand Master. A District Deputy Grand Master has no authority to issue a dispensation to receive the petition of, ballot thereon, and, if elected, to ini- tiate a person on the same evening. — 1896 Journal, 587, 628^ 608, 636. 1028. Reg-alia and dedication of I. 0. 0. F. Hall. A District Deputy Grand Master has not authority to grant a dispensation to appear in public in regalia at the dedication of an I. 0. 0. F. Hall. The Grand Master only has such au- thority.— 1895 Journal, 40, 42, 185, 235. 1029. To nominate, elect and install officers. A Dis- trict Deputy Grand Master has not authority to grant a dis- pensation to nominate, elect and install officers on sam& evening. The Grand Master only has such authority. — 1895- Journal, 41, 185, 235; 1896 Journal, 608, 636. 1030. To appear in public in regalia and District Deputy Grand Master. A District Deputy Grand Master cannot issue a dispensation authorizing a Lodge to appear in public in regalia. The Grand Master alone is authorized to issue such dispensations. — 1896 Journal, 409, 588, 629. 1031. Funeral and reg-alia and District Deputy Grand Master. A District Deputy Grand Master has not authority to grant a dispensation to appear in public in regalia at the funeral of a brother buried under the auspices of the Lodge. — 1895 Journal, 42, 185, 235; 1896 Journal, 608, 636. DISPENSATIONS. 277 1032. When a body of Odd Fellows may notify an- other body of Odd Fellows to appear in reg-alia. A Lodge of Odd Fellows should not appear in public in regalia without a dispensation, and the dispensation should be read in open Lodge. Any body of Odd Fellows under such a dispensation may notify another body of Odd Fellows to appear in regalia. — 1887 Journal, 769, 875, 888. 1033. When a Lodge may notify a Rebekah Lodge to appear in regalia. A Subordinate Lodge under dispen- sation to appear in public in regalia may notify a Rebekah Lodge to also appear in public with regalia. — 1895 Journal, 18, 185, 235. 1034. To Rebekah Lodge to appear in regalia. A dis- pensation to a Rebekah Lodge to wear regalia in public includes brothers of a Subordinate Lodge to appear with the Rebekah Lodge in regalia. A dispensation is merely a permission, hence the wearing of the regalia in public under a dispensation is optional— 1887 Journal, 769, 875, 888. 1035. Two degrees the same evening. It is not neces- sary that a Lodge receive a dispensation for conferring two de- grees upon a candidate on the same evening — 1896 Journal, 408, 588, 629. 1036. To confer more than two degrees— Degree Lodge and Subordinate Lodge. The dispensation to confer more than two degrees upon a brother upon the same evening, may be obtained either by the Subordinate Lodge or by the Degree Lodge. If obtained by the Subordinate Lodge it would be issued by the District Deputy of the district in which the Subordinate Lodge is situated, and if obtained by the Degree Lodge, it would be issued by the District Deputy of the district in which the Degree Lodge is located. — 1884 Journal, 15, 116, 153; 1896 Journal, 408, 588, 629; Constitution Subordinates, Art. V, Sec. 2. (See Degree Lodge). 1087. From one hall to another. A Lodge does not need a dispensation to remove from one hall to another in the 278 DISPENSATIONS. same town or city. Such permission is needed only when it is proposed to remove to another town or city. — 1895 Journal, 21, 195, 196; 1889 Journal, 32, 122, 163. 1038. To g*ive a ball. A dispensation to give a ball in the name of the Order is necessary whether regalia is worn or not.— 1878 Journal, 819, 928, 965. 1039. As to initiating candidate on nig-ht of his elec- tion. It is not necessary to have a dispensation to initiate a candidate on the same night the ballot is taken on his applica- tion where the By-Laws of a Lodge do not require it. — 1882 Journal, 741, 844, 879. 1040. To elect a Scarlet Degree member Noble Grand. A District Deputy Grand Master has the authority to grant a dispensation to elect a Scarlet Degree member as Noble Grand, all qualified brothers refusing to serve. — 1889 Journal, 33,. 122, 163. 1041. To hold a public installation. A District Deputy Grand Master has the right to grant a dispensation to a Lodge in his district to hold a public installation of its officers. — 1888 .Journal, 1025, 1111, 1130. 1042. No dispensation to re-ballot on rejected appli- cant. The Grand Master has no authority to grant a dispen- sation to allow a Lodge to re-ballot on a candidate who has been rejected.— 1889 .Journal, 34, 122, 163. 1043. Orphans' Home. A Lodge cannot give a public entertainment for the Orphans' Home, or for any other pur- pose, without a dispensation. — 1897 Journal, 804, 1030, 1054. 1044. Reg-alia in public. The regalia of the Order can- not be worn in public except by a dispensation granted by the Grand Master. Giving a social party in the name of the Order does not carry with it the right to wear the regalia. — 1897 Journal, 806, 994, 1034. 1045. District Deputy cannot grrant, When. A Lodge not having been instituted more than thirteen weeks prior to DISTKICTS. 279 the end of the term, the officers hold their respective offices until the end of the succeeding term, and a District Deputy cannot grant a dispensation authorizing said Lodge to elect new officers at the commencement of said succeeding term, except it be to fill a vacancy. — 1889 Journal, 32, 122, 163. 1046. To g-ive parties in the name of the Order. Dis- trict Deputy Grand Masters have authority to grant dispensa- tion to Lodges in their districts to give parties in the name of the Order.— 1889 Journal, 35, 122, 163. 1047. A Past Grand to install officers. A dispensation is not required to empower a Past Grand to install the officers of a Lodge in the absence of the District Deputy Grand Master. —1877 Journal, 581, 675, 697. DISTRICTS. 1. For District Deputy Grand Masters, page 279. 2. For Visitation by Grand Master, page 280. 1. FOR DISTRICT DEPUTY GRAND MASTERS. 1048. County. Each county in the State constitutes a district. — 1853 Journal, 36. 1049. Grand Master may divide districts. The Grand Master, whenever the interest of the Order may require it, may divide the districts and make such additional appointments of District Deputy Grand Masters as he may deem expedient. District Deputy should be appointed when first Lodge insti- tuted in a district.— 1858 Journal, 85; 1853 Journal, 36. 1050. To transfer a Lodg-e from one to another dis- trict. Subordinate Lodges wishing to withdraw from one district and be placed in another shall first have the consent of a majority of the Lodges in the district from which they wish to withdraw, and also from the one into which they wish to go. — 1892 Journal, 134, 137. 1051. German Lodg-e districts. The Grand Master may make special districts of German Lodges when he may deem it for the interest of the Order. — 1859 Journal, 513. 1052. Rebekah Lodg^e districts. Rebekah Lodges are now placed in districts by themselves, and the District Deputy 280 DISTRICTS. Grand Masters of said districts are selected from Rebekah Lodges.— 1888 Journal, 1108, 1129. 2. FOR VISITATION BY GRAND MASTER. 1053. State divided into foup districts. The juris- diction of California is divided into four districts, for the pur- pose of official visitation and instruction; the Grand Masters to alternate in their visits officially in the respective districts. District No. 1.— Counties of Del Norte, Humboldt, Mendo- cino, Sonoma, Marin, Colusa, Lake, Yolo, Napa, Solano, Glenn, Alameda, Placer, Sacramento, and District Deputy Grand Master's Districts, Nos. 66, and 103, of San Francisco. District No. 2. — Counties of Siskiyou, Modoc, Trinity, Lassen, Tehama, Plumas, Shasta, Butte, Sierra, Nevada, Inyo, Mono, Sutter, Yuba, and District Deputy Grand Master's Dist- ricts, Nos. 7, 2 and 67, of San Francisco. District No. 3. — Counties of El Dorado, Alpine, Amador, Calaveras, Tuolumne, Mariposa, Merced, Stanislaus, San Joaquin, Contra Costa, Sacramento, Santa Clara, Santa Cruz, San Mateo, and District Deputy Grand Master's Districts, Nos. 55 and 66, of San Francisco. District No. 4. — Counties of San Diego, San. Bernardino, Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Kern, Tulare, Monterey, San Benito, Fresno, Madera, Kings, Orange, Riverside, and District Deputy Grand Master's Districts, Nos. 2 and 68, of San Francisco. The Grand Lodge recommends that, where the Grand Mas- ter cannot reach all parts of his district, that he appoint one of the elective Grand Officers to perform this duty in his stead, paying the expenses of such appointee out of the sum set apart to him for that purpose. It is further recommended that the sum of $200 be set apart for the purpose of paying the expenses of the Grand officers, when making official visits, under the direction of the Grand Master, for the purpose of instruction of Lodges. — 1883 Jour- nal, 1173, 1172; 1895 Journal, 242, 252; 1896 Journal, 553. (As to request of Grand Lodge relative to Grand Master's visits, see Section 1751.) DRAFT. 281 DONATIONS. 1054. Name of recipient concealed— Rig-ht to know name and circumstances. In case of donation or relief to a brother, the Lodge and every member of the Lodge has a right to know, not only the circumstances of the case, but also the name of the brother who received, or is to receive, the dona- tion. The name should be reported to the Lodge. When the name is not reported to the Lodge, the members have no right to vote away the moneys of the Lodge under such circum- stances of secrecy or concealment. — Elam vs. Bay City Lodge, 1894 Journal, 684, 726. 1055. Reimbursement of an unauthorized donation*. Where Trustees make, as Trustees, a donation to a brother in distress, without the previous authority of the Lodge, and the same is not authorized by the By-Laws, it is an unauthorized and illegal act, but the Lodge may reimburse the Trustees if, under the circumstances, they deem it expedient and just; and where the Lodge has a By-Law which reads, ''No donation.shall be made unless by a two-thirds vote of all members present entitled to vote; every motion to donate any sum in excess of twenty dollars shall lie over one week" — such reimbursement falls under the provisions of such By-Laws. — Elam vs. Bay City Lodge, 1894 Journal, 684, 726. (See Funds.) DRAFT. 1056. Cancellation of Draft. A Lodge's draft on its Treasurer in payment of a bill, returned to the Lodge by the payee, with the statement that the payee did not intend further • to ask payment thereof, but left the whole matter with the I»dge. may be cancelled by the Lodge. — Fetlow vs. Anniversary Lodge, 1869 Journal, 67, 68. 1057. A donation voted and then the draft cancelled. A Lodge may vote a donation, and after the draft is drawn, and while it is in possession of the Lodge, the members may change their minds, and the Lodge may cancel the draft. — 1869 Journal, 67, 68. 1068. Fraud and mistake. A draft may be cancelled for fraud and mistake, but those are not the only grounds for can- cellation.— 1869 Journal, 67, 68. 282 DUES. 1059. Must be by vote. All drafts upon the treasury must be made by vo:e of the Lodge.— 1896 Journal, 436, 607, 636. DRUNKENNESS. (See Offenses, Fines, Trials.) DUES. 1. Generally, page 282. 2. Arrears, page 288. 3. Suspension for non-payment, page 289. 1. GENERALLY. 1060. Payable weekly in advance— minimum dues. The dues of this Lodge shall not be less than twelve and one- half cents per week for beneficial members, and five cents per week for non-beneficial members, both payable weekly in ad- vance; j^rorirfec?, that the dues of non-beneficial members shall not be more than one-half of the amount charged to beneficial members. — Constitution Subordinates, Art. IV, Sec. 1. Note. — A Grand Lodge possesses rate. A Subordinate Lodge may the right to determine and prescribe therefore, increase its dues by the the minimum amount to be paid to addition of any specific sum above its Subordinates for dues, leaving it said minimum rate fixed by the Grand for the Subordinate to provide by Lodge.— (1889 S.G. L. Journal, 11483, law for any special sum above that 11728, 11786). 1061.. Payments, how applied. Provided, that all pay- ments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the payment of dues, assessments and fines, in the order in which they become due; but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. — Consti- tution Subordinates, Art. IV, Sec. 2. 1062. What are weekly dues. Weekly dues are those im- posed by the By-Laws of the Lodge. — 1891 Journal, 585, 690,716. 1063. When payable. The provisions of Section 1, Arti- cle IV, of the Constitution, clearly require that the dues shall be payable weekly in advance, but for non-payment, the By- Laws can attach no penalty, until the brother is at least more than thirteen weeks in arrears for dues, etc. — 1893 Journal, 389, 427, 430; 1888 Journal, 28, 122, 163. 1064. Initiation. Dues accrue from date of initiation in Subordinate Lodge.— 1895 Journal, 39, 185,235; 1882 S. G. L. Journal, 8992, 9087. DUES. 283 1065. When credit is to be made for payment. And he (Financial Secretary) shall give each member credit for money when paid to him and the brother's credit and standing shall date from such payment. — Constitution Subordinates, Art. VII, Sec. 4. 1066. When indebtedness is satisfied. A payment is made and the indebtedness of a brother satisfied at the time he pays the amount due into the hands of an officer of a Lodge authorized to receive it. — Reed vs. Morning Star Lodge, 1883 .Journal, 1007, 1165, 1180. 1067. When payment to officer is payment to Lodge. A payment to a duly authorized officer of a Lodge is a payment to the Lodge and takes effect at the time it is placed in the hands of such officer. — 1884 Journal, 15, 116, 153. 1068. May be paid to officer between meeting^s, A brother in arrears pays the Secretary in full between the regu- lar meetings of a Lodge. The payment takes effect at the date of the payment to the officer, and not at the next meeting of the Lodge, or not when reported to the Lodge. — 1884 Journal, 15, 116, 153. 1069. When payment credited. Brothers should have credit for the payment of their dues the moment they are re- ceived by the Financial Secretary. (Constitution of Subordin- ates, Article VII, Section 4.) This changed the law which pro- vided that a brother should not be credited for his dues until T the next regular meeting of the Lodge. If the brother, who re- ceives the money from "A," were Acting Secretary of the Lodge at the time the payment was made, *'A" was not legally sus- pended. If, however, he were not the Acting Secretary of the Lodge, through whose neglect and carelessness "A" has been suspended for non-payment of dues, in a legal manner, the neglect of the brother in not paying the money over, would not make null and void the action of the Lodge. — 1896 Journal, 419, 588, 629. 1070. Dues must be paid to proper officer. When the laws of a Lodge require the payment of dues to be made to 284 DUES. a particular officer, it is optional with the Lodge to determine whether they will accept a payment previously made through any other than their official agent. — 1860 Journal, 22; Christy vs. Granite Lodge, 1875 Journal, 287, 295. Note. — A payment to the Treasurer Secretary — (1859 S. G. L. Journal, is uot payment to the Lodge, when 3031, 3084, 3113). the By-Laws require payment to the 1071. Payment, when complete. There is no valid pay- ment of dues until the money is in the hands of the proper officer. — Christy vs. Granite Lodge, 1875 Journal, 287, 295; 1861 Journal, 189; Reed vs. Morning Star Lodge, 1883 Jour- nal, 1007, 1165, 1180. 1072. Dues of District Deputy. The Grand Lodge re- fuses to exempt District Deputies from the payment of dues to their Lodges. — 1861 Journal, 167. 1073. Brother's right to pay at any time. It is the right of a brother to pay his dues at any time, and it is the duty of a Secretary to accept such payment whenever tendered and receipt for the same. — Gilroy Lodge vs. Griffith, 1882 Jour- nal, 853, 875, 882. Note. — A Lodge cannot refuse to a member prior to suspension— (1877 receive, in full or in part, the dues of S. G. L. Journal, 7505). 1074. In case Lodge indebted to a brother who owes dues. The payment of dues is a fundamental principle of the Order which no Lodge, Grand or Subordinate can dispense or evade. If a brother perform the duties of a salaried officer of his Lodge, or perform services for his Lodge for which he may be legitimately paid, the amount must be paid to him and an order drawn in his favor in the usual manner. When he ob- tains the order he can draw the money out of the Lodge's treasury, and he has the right to use it in paying his dues, or he has the right to use it for his own purposes and to decline to appropriate it toward the payment of his dues. But there is an instance as when a sick brother is entitled to sick benefits, the Lodge should pay his dues from the benefits due him, the law being that a sick brother entitled to sick benefits, cannot become delinquent while sick. When a Lodge is indebted to a DUES. 285 brother for work and labor, it cannot, against his wishes or without his authority or consent, apply any part of the indebt- edness toward the payment of his dues. — 1897 S. G. L. Jour- nal, 15559, 16116. 1075. Receipt for dues. A receipt for dues is nothing more nor less than prima facie evidence of money paid and received. It is not binding on a Lodge or a brother if a mistake has been made and an opportunity should be given the brother or sister to have the same corrected. — 1896 Journal, 411, 581, 628. 1076. How a brother's standing^ is governed by re- ceipts. Where a brother pays a certain amount as dues and the Financial Secretary gives him a receipt for that amount, stating therein that it pays the brother up to a certain date, when in fact, according to the books it did not pay him up to that date, the books of the Lodge must govern as to the amount due the Lodge, the receipt being good only for the amount paid but the receipt holds good as to the standing of the brother in the Lodge until the brother is informed of the error con- tained therein and the opportunity is afforded to have the same corrected without affecting his standing. — 1887 Journal, 858, 876, 889. 1077. Cannot charg-e dues after brother suspended for non-payment. A Lodge has no right to continue to charge up dues to a brother under suspension for non-payment of the same.— 1886 Journal, 535, 620. 1078. The same. No dues can be charged against a brother from the time he is suspended for, or ceases to be a mem- ber for non-payment of dues, until the day he is reinstated.— 1861 Journal, 127. 176, 177. 1079. Where Secretary fails to charg*e dues. If a Financial Secretary fail to charge dues to a brother, and at the end of the term the Finance Committee pronounce the books and accounts correct, the Lodge may afterwards direct the Financial Secretary to charge the dues. — 1882 Journal, 741, 845, 879. 286 DUES. 1080. Lodge must accept, pending* appeal. A Lodge cannot refuse to accept a tender of dues from a brother who may be under sentence of expulsion, during the pending of his appeal to the Grand Lodge. — Brown vs. Coloma Lodge, 1858 Journal, 372. 1081. Dues do not accrue during expulsion. When a brother has been illegally expelled, and is afterwards restored by action of the Grand Lodge, he is not liable to pay dues or other charges made against him on the books of his Lodge du- ring the time of such expulsion. — 1864 Journal, 555, 556. 1082. Expulsion and reinstatement. Dues cease upon expulsion in a Subordinate Lodge and commence again only upon reinstatement. — 1895 Journal, 253. 1083. Dues accrue during* suspension for cause. If a brother be suspended for six months or for any other period, for cause, he must pay dues during such suspension. — 1888 Journal, 1022, 1111, 1130; 1857 Journal, 250; 1897 Journal, 805, 1030, 1054. Note. — Every Lodge holds its mem- time of punishment — (1849 S. G. L. bers undergoing punishment respon- Journal, 1505, 1513). sible for dues accruing during the 1084. Dues paid in advance refunded, When. Where a brother pays dues in advance, and while his dues are so paid in advance he ceases, from any cause, to be a member of the Lodge, the Lodge should refund all that has been paid in excess of the brother's indebtedness to the Lodge at the time he ceased to be a member. — 1874 Journal, 102, 114. Note. — A Lodge is in duty bound when he withdraws from the Lodge to refund the dues overpaid by a by card or otherwise. — (1890S. G.L. brother at the time of his death or Journal, 12176, 12273). 1085. The same— Expulsion, In case of expulsion, the Lodge should refund all that has been paid as dues in excess of the brother's indebtedness to the Lodge at the time he ceases to be a member.— 1881 Journal, 500, 501, 601, 627. 1086. Dues increased by amendment— Receipt taken. A member who, before the Lodge by amendment of its By- DUES. 287 Laws had increased its dues, had paid his dues at the old rate and taken a receipt specifying the time to which they were paid, is bound to pay the increased rate. The acceptance of dues and giving a receipt does not constitute a contract that the rate for such member shall remain unchanged for the time for which he paid in advance. — 1876 S. G. L. Journal, 7020, 7077. 1087. Dues in case of cards. In case of a brother ap- plying for a Withdrawal Card, the brother's dues are charge- able against him up to the time when his application for the card actually appears before the Lodge, and in case of members of extinct Lodge, all dues standing against the brother at the time the Lodge became extinct are required to be paid. — 1861 Journal, 189, 187, 132, 192, 193. (See note to Section 689.) 1088. Card given and afterwards dues increased. Paying dues in advance and taking a card does not relieve the holder of the card from the payment of the increased rate, if, during the running of the card, the By-Laws be amended in- creasing the amount of the dues. The amendment acts upon all members alike, and all must pay the increased rate from the time the amendment takes effect. — 1877 S. G. L. Journal, 7373, 7472. 1089. Cannot remit dues— Donation. A Lodge has no right to remit the dues of any member. If a member be poor, and unable to make a living and pay dues, the Lodge may make such member a donation, and then that member can pay his or her dues, or do anything else with it, as he or she see fit— 1897 Journal, 809, 994, 1034; 1861 Journal, 131, 132, 192. 1090. Odd Fellows' Home. No brother shall be required to pay Lodge dues while an inmate of the Home as an indigent. — Constitution Subordinates, Art. IV, Sec. 4. NoTK,— No weekly does shall accrue every respect and particular, without against any such member, but he payment of weekly dues— (1892 S. G. shall remain in good standing, in L. Journal, 1.3046, 1.3117, 1.31G1). (See Odd Fellows' Home). 288 DUES. 1091. Fines, assessments and dues. Fines or assess- ments cannot be added to dues. Fines, assessments and dues are each and all of them separately considered, and cannot in any instance be combined. — 1896 Journal, 408, 607, 630. 1092. Delinquency depends on leng-th of time and not amount— One week's dues or a fine or an assess- ment. Dues, fines and assessments are not to be taken col- lectively in making the computation, because delinquency depends upon the length of time delinquent and not the amount delinquent. If a brother neglect or refuse to pay one week's dues, or a fine, or an assessment for more than thir- teen weeks, he would be thirteen weeks in arrears. — 1895 Jour- nal, 21, 195, 196, 236. 1093. When delinquency commences. Dues are due and payable every week. If a member do not pay at the end of a week he is delinquent for that week, and so on until thirteen weeks are counted, if he fail to pay.— 1888 Journal, 28, 122, 163. 1094. When thirteen weeks in arrears. A brother's quarterly dues remaining unpaid at the expiration of a quarter, he would be thirteen weeks in arrears. — 1860 Journal, 63, 72. 1095. The same. Where the By-Laws provide that " no member who is more than thirteen weeks in arrears shall be entitled to receive benefits," the arrears begin, so as to debar a brother from benefits, the moment the brother is delinquent for thirteen weeks in the payment of his dues. — 1887 Journal, 767, 875, 888. 1096. When six months in arrears. Where a brother's dues remain unpaid for six months, at the expiration of six months he is considered in arrears over six months. — 1878 Journal, 947, 974; 1882 Journal, 736, 844, 879. 1097. The same. Where the By-Laws of a Lodge provide that '' no member shall be entitled to benefits who is over twenty-six weeks in arrears for dues," and also that "a member DUES. 289 shall not be in arrears until after thirteen weeks' non-payment of dues," it does not follow that a member must have failed to pay his dues for thirty-nine weeks to be deprived of benefits; if he fail to pay he becomes not entitled to benefits at the end of twenty-six weeks, for a member will be in arrears for dues twenty-six weeks at the expiration of twenty-six weeks from the time when his account for dues exactly balances. — 1884 Journal, 15, 116, 153. 1098. Twenty-foup months' dues in appears. If a member owe or be in arrears for twenty-four months' dues, the Lodge can lawfully collect the amount for the twenty-four months.— 1895 Journal, 40, 225, 249. 3. SUSPENSION FOR NON-PAYMENT OP DUBS OR DEMANDS. 1099. Time and manner of suspending fop non-pay- ment of dues OP demands. Any member neglecting or re- fusing to make payment of his dues, or demands against him, to the Lodge, according to its By-Laws, for the space of twelve months, the fact that he is in arrears more than twelve months shall be announced by the Financial Secretary, or if there be none, by the Recording Secretary, in open Lodge, at least two regular meetings, and he shall be suspended from membership and shall be so declared by the Noble Grand, unless otherwise determined by a vote of the Lodge. When a brother is eleven months in arrears, the Financial Secretary, or. if there be none, the Recording Secretary, shall give him personally, or shall send him by mail, to his last given address, a written notice of the state of his account. The failure or neglect to give or send this notice shall not delay or affect the validity of the suspen- sion; and provided that no person shall be suspended under this section while charges are pending against him, and pro- vided that a member may, prior to suspension, pay a sufficient portion of the amount due to avoid suspension. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 1. NoTK. — A member may be snspend* on account of being in arrears for ed or dropped from memberHbip, but duea.— ( 1868-1870-1880 S. G. L. Jour- he cannot be expelled from the Order nal, 4397, 4418-4891, 4892-4887). 19 290 DUES. 1100. When brother ceases membership. A brother does not cease membership until the expiration of the second meet- ing at which his name is announced, and should the brother present the amount of his dues previous to the expiration of that time, the Lodge should accept it and give him credit there- for. — Porter vs. Magnolia Lodge, 1864 Journal, 482, 521, 522. 1101. Charg'es. A brother cannot be suspended for non- payment of dues while charges are pending against him. Nor can a brother be expelled for non-payment of dues. — 1896 Journal, 408, 588, 629. 1102. Time, not the amount of arrears, g'overns. When a brother is in arrears for dues for six or seven months and an assessment of $5 is levied, or fines amounting to $7 for non-attendance as an officer are imposed, he can not legally be declared suspended for non-payment of dues, because the time fixed by law must govern, and not the amount due. A brother cannot be suspended for non-payment of dues or demands until he is twelve months in arrears. — 1883 Journal, 1001, 1150, 1175; 1885 Journal, 287, 403, 432; 1887 Journal, 887,890. Note. — To suspend or drop a mem- and not the amount due — ( 1882 S. G. ber for the non-paj-ment of dues, the L. Journal, 8838, 9025, 9101). time fixed by law must be regarded 1103. Cannot refuse to receive dues in full or in part. No Lodge can refuse to receive in full or in part the dues of a member prior to his suspension, and no brother can be suspended or dropped from membership in the Order for non-payment of dues, unless at the time of the suspension he shall be indebted to the Lodge for one year's dues. — 1878 Journal, 825, 928, 965. ^ 1104. Insane brother cannot be suspended. A brother cannot cease membership for non-payment of dues while in- sane.— 1877 Journal, 682, 699; 1886 S. G. L. Journal, 10252, 10487, 10511. 1105. A brother suspended for cause may be sus- pended for non-payment of dues. A brother suspended for two years, or for any other length of time, for cause, his DUES. 291 dues accrue weekly and are payable during his suspension, the same as if he were not suspended for cause, and he is subject to the same penalty for non-payment as if he were not sus- pended for cause, and may be suspended for non-payment of dues.— 1895 Journal, 23, 195, 196, 236; 1890 Journal, 430, 434, 569; 1897 Journal, 805, 1030, 1054. 1106. The same. When a brother is' suspended for a stated term for cause, the disability expires at the end of the term. Dues accrue during suspension for cause, and if a brother owe $5 at the time of his suspension, he would, two years' thereafter, owe the Lodge that amount, plus two years' dues and the assessments that may be levied in the meantime, provided he pay nothing into the Lodge during the time he stands suspended. If he refuse or neglect to pay, the Lodge may, if it see fit, suspend him for non-payment of dues, by •complying with the law in relation thereto. — 1895 Journal, 19, 195, 196, 236; 1860 Journal, 51. 1107. Expelled and an appeal sustained. Lodges have no right to refuse a brother admission whose appeal to the ■Grand Lodge on a sentence of expulsion has been sustained; nor, in such case, to declare him ceased membership for non- payment of dues, when the brother is willing and ready to pay the same.— 1862 Journal, 321. 1108. Such suspension shall not be published. Sus- pensions for non-payment of dues shall not be published in the Journal of Proceedings. — 1855 Journal, 156. 1109. First annoucement of arrears. The first an- nouncement of a brother's arrearages under Article VIII, Sec- tion 1, Clause 1, of the Constitution of Subordinates, should not be made in the Lodge until after the brother be twelve months in arrears. — 1864 Journal, 482, 621. 1110. Vice-Grand and suspension for non-payment of dues. A Vice-Grand occupying the chair of the Noble Grand during the latter's absence can legally declare suspended for non-payment of dues a member whose name has been properly read in the Lodge as being delinquent on two meeting nights 292 EDUCATION— EMBLEMS. previous to the night of the declaration of suspension. — 1 SOS- Journal, 19, 195, 196, 236. 1111. Insane. A Lodge cannot suspend a member for non-payment of dues while insane, even if he were not entitled to benefits when taken sick. He must be kept on the roll of membership, and is entitled to attentive benefits. — 1889 Jour-^ nal, 32, 122, 163. EDUCATION. 1112. Education Fund. The Lodge may provide by its By-Laws for a widows', orphans' and education fund. — Consti- tution Subordinates, Art. IV, Sec 1. 1113. When Lodge may refuse to furnish funds for. A Lodge may refuse to furnish funds for the education of orphans of deceased brothers when the legal guardian of such orphans will not permit the Lodge to select the place of educa- tion.— 1866 Journal, 219, 229. (See Funds; Membership; Visiting and Visitors.) EMBLEMS. 1114. Grand and Subordinate Lodges not responsible for certain corporations and associations. Resolved, That neither this Grand Lodge nor any Lodge under its jurisdiction is or will be responsible, pecuniarily or otherwise, for any busi- ness corporations or associations that use the name of the Order. Resolved, That the Grand Secretary be instructed to have the above resolution published on behalf of this Grand Lodge.. —1878 Journal, 983, 986. 1115. Emblems and name of the Order cannot be used for business purposes, etc. No member of this Lodge shall exhibit, or in any way use for business purposes, or upon his business card, or sign, any emblem of the Order, nor any name by which this Order or any of its branches are known; and no member of this Lodge shall become or continue a mem- ber or officer of any association or corporation using such em- blem or name for business purposes. Any member violating^ EMBLEMS. 293 any of the provisions of this section shall, upon conviction thereof, be suspended for not less than one year, or expelled, as the Lodge may determine. The provisions of this section shall not apply to any Odd Fellows' Library, Hall or Cemetery Association, nor to corporations or associations now existing which are 6o7ia^c/e in process of dissolution, and which shall in good faith prosecute such dissolution to completion within a reasonable time. — Constitution Subordinates, Art. X, Sec. 3. 1116. The use of emblems and name prohibited. Whereas, The Independent Order of Odd Fellows was insti- tuted for the purpose of visiting the sick, relieving the dis- tressed, burying the dead, and educating the orphan; and Whereas, the Sovereign Grand Lodge has expressly pro- hibited the use of the emblems belonging to the Order in con- nection with any advertisement; and. Whereas, certain incorporated companies and private indi- viduals have assumed the name and emblems of Odd Fellow- ship for business purposes; and, Whereas, such assumption of the name or emblems of the Independent Order of Odd Fellows might induce the public to believe that such institutions or individuals are acting with the sanction or under the control of the Order, and that the Order guarantees their credit, and is responsible for their lia- bilities; and, Whereas, any such institution or person is liable in the vicissitudes of trade and the fluctuations of prices, to loss or failure, in which event the reputation of the Order would be in- volved in such disaster, and thus become the object of reproach; therefore. Resolved^ That the Grand Lodge of the Independent Order of Odd Fellows of the State of California disapproves, and to the extent of its jwwers hereby forbids, the assumption or use of the name or emblems of the Order by any incorporated company or private individual for the transaction of any busi- ness, and di.sclaims all responsibility imputed to it by the use of any such name or emblems. — 11S71 Journal, 472. 294 EMBLEMS. 1117. A Saving's Bank should not use the name of the Order. A savings bank, though ofiicered and managed by members of the Order, and established and operated for the sole purpose of doing business with Lodges and Odd Fellows, should not use the name of the Order, and a State Grand Lodge has no authority or power to grant it permission so to do. — 1893 S. G. L. Journal, 13619, 13680. 1118. lUeg-al to use the name " Odd Fellows' Band." It is not lawful to use the name of "Odd Fellows' Band," it being the intention of the band to compete for general business with other bands in the same city. The use of such a name would be in conflict with Section 3, Article X, of the Constitu- tion of Subordinates.— 1888 Journal, 1022, 1111, 1130. 1119. Building and loan associations not to use the emblems, initials, etc. The use of the name, symbols, initials or emblems of the I. 0. O. F. in connection with any enterprise to be known as an I. 0. 0. F. or Odd Fellows' Hall or Build- ing Association, or I. 0. 0. F. or Odd Fellows' Building and Loan Association, or to any such association limiting its mem- bership to members of our Order, or any association limiting its management to our membership, is illegal. No Grand Lodge shall have any authority to give its sanction to any such enter- prise. Any Odd Fellow violating the provisions of this resolu- tion shall, on conviction, be expelled. Nothing herein shall be construed against or inhibit the building and support of any Temples, Widows' and Orphans' Homes, Asylums, Schools, or Halls, which are used or to be erected and maintained within the legitimate purposes of the L 0. 0. F. — 1891 S. G. L. Jour- nal, 12677, 12709. 1120. Emblems, name, titles, mottoes and initials. No member of the Order shall either directly or indirectly use or sanction the use of any of the emblems, the iiame, or any of the titles or the mottoes or the initials of the Order in the pros- ecution of any private business or enterprise; nor use any of them in any advertisement or public display not authorized by some law of the Order.— 1871 S. G. L. Journal, 5143, 5183, 5199, 5247. ENCAMPMENT-ENDOWMENT. 295 ENCAMPMENT. 1121. Certain resolutions not in order. A resolution that a committee of three members of this bodj'' who have attained the Royal Purple degree be appointed to examine the members of this Grand Lodge, and report the names of all Royal Purple degree members to the Grand Master, is not in order in the Grand Lodge. — 1856 Journal, 186, 187. 1122. Encampment Degrees. A Grand Lodge cannot require any of its members to be in possession of Encampment degrees, such as the Royal Purple. — 1852-1855-1877 Journal, 1922, 1957, 2487, 2507, 2520, 2815, 2831. 1123. Grand Representative. A Grand Representative to the Sovereign Grand Lodge must be a Past Grand in good :^tanding, and have attained the Royal Purple degree in a Sub- ordinate Encampment. — 1889 Journal, 34, 122, 163. 1124. Encampment cannot visit Subordinate. An Encampment cannot visit a Subordinate Lodge, as a body, in regalia.— 1871 Journal, 366, 415, 471. (See Regalia.) ENDOWMENT. 1125. Must be by voluntary contributions. A Grand Lodge possesses the right to establish widow and orphan's en- dowments and "funeral benefit associations," provided they are founded upon the basis of voluntary contributions by those members of the Order who may form in the jurisdiction an auxiliary association for such purpose. It is against the organic law to make forced assessments for any such object. — 1877-1878 S. G. L. Journal, 7363, 7451, 7888. 1126. Such scheme cannot be made compulsory. A Grand Lodge cannot enforce upon the whole or any portion of the Lodges in its jurisdiction, an Endowment Scheme, although a majority of the Lodges in its jurisdiction vote therefor, nor can they empower any member of said Lodge to utilize said Endowment Scheme for their individual or collective benefit. — l>ers of a Lodge.— 1857 S. G. L. Journal, 2772, 2812. 1167. Effect of appointing a new Finance Committee. The mere appointment of a Finance Committee for a new term 304 FINES. does not excuse the members of the former Finance Committee for derelict conduct while serving as members of such commit- tee; nor does the appointment of a committee for the new term discharge the preceding one from the duty of making a report, nor from any other duty pertaining to that term. The Lodge should, however, act with reasonable dispatch in the matter. — 1884 Journal, 20, 116, 153. (See Fines; Minutes and Records.) 1168. Duty to examine all bills, etc. It is the duty of the Finance Committee to examine all bills and accounts pre- vious to their being passed upon by the Lodge. This includes the stipulated payment of rent, salaries, etc. — 1896 Journal, 409, 581,628. (See Funds). FINES. 1169. Good standing- and when thirteen weeks in appears. If a brother neglect or refuse to pay a fine for more than thirteen weeks, he would be thirteen weeks in arrears. Dues, fines and assessments are not to be taken collectively in making the computation, because delinquency depends upon the length of time delinquent and not the amount. — 1895 Journal, 21, 195, 196, 236; 1896 Journal, 607, 636, 408; Wettenberg vs. Germania Lodge, 1896 Journal, 576, 637, 638, 639, 617, 618. 1170. Payments, how applied. Provided, that all pay- ments by a member shall be on his general account, unless otherwise directed by him, and shall be applied to the pay- ment of dues, assessments and fines, in the order in which they become due; but this proviso shall not be applicable to fines imposed as penalties upon conviction upon charges. — Consti- tution Subordinates, Art. IV, Sec. 2. 1171. By-Laws and Rules of Opdep. Fines and penalties must be prescribed by the By-Laws. A Rule of Order pre- scribing a fine is unconstitutional and void. — 1886 Journal, 609, 607. 1172. Investig-ating- Committee and no By-Laws ppe- SCPibing" a fine. It is not legal for a Lodge to fine the mem- FINES. 305 bers of an Investigating Committee for failing to report at the next Lodge meeting, there being no By-Laws prescribing a fine for such neglect. Fines are a method of punishment for acts or omissions which are by positive law declared to be unlawful. —1876 Journal, 392, 474, 508. 1173. Fines in case of charges. The Constitution of Subordinates provides for fine as penalty upon convictioa upon charges. (See Trials for such fines.) 1174. Committee on Condolence. In the absence of a By-Law requiring a Committee to report within any specified period, the members of the committee cannot be considered in default or subject to penalty, until they have been instructed by the Lodge to report and failed to obey such instructions. — 1892 Journal, 127, 138. 1175. Remission of certain fines in discretion of Lodge. When a member stands fined by the laws of the Order, for non- performance of duty in not watching with the sick when duly notified, the question of the remission of such fine without ex- cuse is entirely within the jurisdiction of the Subordinate Lodge.— 1856 Journal, 214. 1176. Absence of officers— fine may be remitted, when. Where the By-Laws of a Lodge provide that "every elected Officer who is absent at roll-call shall be fined one dollar, un- less he is sick, waiting on the sick, being in Government employ, or absent from the county; but no other excuse shall be taken," the Lodge cannot excuse the Noble Grand for absence at a regular meeting night, he being in attendance at a meeting of another organization. But the Lodge may remit the fine, if the By-Laws do not prohibit such action — 1885 Journal, 426, 435. 1177. Members of Visiting: Committee. When the By- Laws of a Lodge provide that each member of the Visiting Committee shall visit sick brothers once a week, and provide a fine for neglect of duty, the neglect to visit each sick brother is a separate offense, and subject to a separate fine— Eidenmuller vs. Harmony Lodge, 1861 Journal, 163, 187. 20 306 FINES. 1178. Physician who is an officer of the Lodg'e. A physician, an officer of a Lodge, is subject to a fine for absence, his absence being caused by his attendance on his patients, if the By-Laws of the Lodge so direct or the Lodge so determine. —1856 Journal, 202. 1179. Officer who has resig-ned cannot be fined. A Lodge has no right to fine a brother for non-attendance, who has tendered his resignation as an officer of the Lodge, which resig- nation the Lodge refused to accept. — 1867 Journal, 339, 349. 1180. Appointed officers absent. Where the By-Laws of a Lodge provide for fining its officers for absence at roll-call, ^t a regular or special meeting, but contain the proviso that if the appointed officers shall be in the Lodge in time to perform the duties assigned them they shall be deemed present, the Noble Grand or the Lodge, notwithstanding, has the right and authority under such By-Laws to fine the Conductor, Right or Left Scene Supporter, for absence on a meeting-night when there is no initiation, and the records of the Lodge show such to be the case. The proviso is not sufficiently broad to excuse absence from an entire meeting. — 1884 Journal, 16, 116, 153. 1181. Officers absent, and no quorum. Under a by- law which provides that officers absent at a regular meeting shall be fined, an officer absent on the night of a regular meet- ing of a Lodge is subject to a fine, notwithstanding that there may be no meeting for lack of a quorum. — Bradden vs. Alturas Lodge, 1873 Journal, 890, 891. 1182. Absence at roll-call— Ante-room. Where a Lodge has a by-law declaring that officers shall be fined for absence at roll-call, it is not legal or right for such Lodge, after it is declared to be open, to refuse to permit any of its officers who may be present in the ante-room to work their way into the Lodge until after the roll is called, and then fine them for absence.— 1873 Journal, 872, 892. 1183. Absent at roll-call, but in Lodge thereafter. An officer of a Lodge absent at roll-call, and not present in the ante-room, but who enters during the evening, must, notwith- FINES. 307 standing, offer an excuse for his absence at the next regular meeting. — 1887 Journal, 768, 875, 888. 1184. Roll-call. An officer of a Lodge, to be regarded as present at roll-call, must be in a position to answer to his name when the roll is called. Being in the ante-room after the Lodge is opened is not being in the Lodge- room. — 1889 Journal, 32, 122, 163. 1185. Absence from the city as an excuse, and funeral. AV'hether a Lodge has the right to fine its members for absence at a funeral when their business calls them from the city on the morning of that day, depends on its By-Laws. — 1873 Jour- nal, 872, 892. 1186. Police OP civil officer and funeral. The right of a Subordinate Lodge to fine a brother who is a member of the Police Department, while on duty, when notified by his Lodge to attend the funeral of a deceased brother, is a matter entirely under the control of the Lodge. But no civil officer should be compelled to neglect his duties to attend Lodge duties.— 1863 Journal, 432, 433. 1187. Absence of members. There is no law of the Sovereign Grand Lodge which forbids the imposition of fines for non-attendance of members in Subordinate Lodges; but the spirit of the Order appears to be opposed to the policy of such fines. The Sovereign Grand Lodge refused to approve a by-law of one of its own Subordinate Lodges which provided that a member might be fined for non-attendance at Lodge meeting. — 1854-1875-1886 S. G. L. Journal, 2215, 2264, 2327, 6658, 6704, 10255, 10521, 10659. 1188. Members of Finance Committee. The members •of the Finance Committee of a Lodge are liable to fine for their neglect of duty as members of such committee, the mere fact of the appointment of a Finance Committee for the next term does not excuse thern, but the Lodge should act with reason- able dispatch.— 1884 Journal, 19, 116, 153. 1189. Duties of Chaplain by Junior Past Grand and Anes. A Subordinate has not the right to enact a law making 308 FINES. it obligatory upon the Junior Past Grand of a Lodge to per- form the duty of Chaplain of said Lodge, nor if declining to perform said duty, is it competent for said Lodge to fine him for non-performance of duty. — 1855 S. G. L. Journal, 2461,. 2491, 2508; 1855 Journal, 136, 140, 141, 149; Collins vs. Yerba Buena Lodge, 1856 Journal, 179, 205. Note,— This is a decision of the prescribing a penalty, viz: a fine of Sovereign Grand Lodge on an appeal one dollar for a neglect of such duty, from this Grand Lodge, in a case The Sitting Past Grand refused to so- where the Sitting Past Grand of a oflSciate, giving as a reason that he Subordinate Lodge refused to officiate could not conscientiously do so — as Chaplain in the absence of that (1855 S. G. L. Journal, 2461, 2491^ officer, the By-Laws of the Lodge 2508). providing that he should so act and 1190. Sitting" Past Grand cannot be fined. Fines can- not be legally inflicted on the Sitting Junior Past Grand for absence at Lodge meetings, and Lodges cannot enact such fines in their By-Laws, as he is not, strictly speaking, an officer of his Lodge.— 1864 Journal, 487, 564, 565; 1888 Journal, 1023, nil, 1130. 1191. Excuse for absence. An officer who has been' absent from the county, and is on his way home, may give " absence from the county " as his excuse, although he is in the county at the time of calling the Lodge to order; provided, he exercised due diligence to reach his Lodge. — 1870 Journal, 188, 255, 282. 1192. Absence from committee meeting" on Sunday. A fine cannot be inflicted for non-attendance at meetings of Lodge committees held on Sunday, or for non-attendance at a meeting of a General Relief Committee, held on Sunday. — 1874 S. G. L. Journal, 6329, 6330, 6234, 6314. 1193. Prayers. It is highly desirable and eminently proper that all Lodges should open and close with prayer, but it is not competent to require the performance of this ceremony under the sanction of penalties. — 1855 Journal, 136, 140, 141, 149; Collins vs. Yerba Buena Lodge, 1856 Journal, 179, 205. 1194. Funeral of a brother of another Lodg-e. This Lodge may, if it so provide in its By-Laws, impose a fine on its FINES. 309 members for refusing to attend the funeral of a brother belong- ing to another Lodge; providing the deceased brother, at the time of his death, was under the care of this Lodge. — Constitu- tion Subordinates, Art. VIII, Sec. 14. 1195. Where Lodgre has not charge of funeral. A Lodge cannot, unless it have charge of the body of a deceased brother and unless it be attending the funeral in the regular form prescribed by the Order, impose a fine upon its members for not attending said funeral, though the By-Laws may provide such fine in ordinary cases. — 1864 Journal, 528, 554, 560. 1196. Intemperance of deceased no excuse for absence from funeral. A member fined in accordance with the By- Laws for non-attendance at the funeral of a member of his Lodge, who died in good standing and was buried by the Lodge, must pay the fine notwithstanding that the deceased died of intemperance. — 1870 Journal, 188, 252. 1197. A brother leaving* the City on day of Funeral. When the By-Laws of a Lodge provide a penalty of a fine for non-attendance at a funeral of a member, and that absence from the city is a valid excuse for such non-attendance, and a member fails to attend a funeral, admits that he was duly notified, and that he left the city on the very day of the fune- ral, but refuses to say whether he left on business or not, the Ix)dge may fine the brother for his non-attendance at the fune- ral. — Harmony Lodge vs. Pfeiffer, 1868 Journal, 465,481. 1198. Absence from funeral of Grand Juror. The By- Laws of a Lodge provide for a Funeral Committee, which shall, during a certain period of time, attend in person or by proxy, all funerals which take place under the direction of the Gene- ral Relief Committee, and shall so attend until their successors nhall be appointed ; and further provide that each member of the Funeral Committee who absents himself from a funeral shall be fined one dollar, unless he present one of the following ex- ■cu.se8, to-wit: sickness, or attendance on the sick or dead, burial of the dead, or absence from the city. The Noble Grand failed to appoint the successors of the Committee at the time required by the By-Laws; a member who absents himself from a fune- 310 FINES. ral and does not provide a proxy, presenting the excuse that he was a Grand Juror, and was necessarily engaged as such in the performance of his duty in the Grand Jury, is subject to a fine. —Meeker vs. Apollo Lodge, 1873 Journal, 865, 866, 887. 1199. Fines for absence at funerals. Resolved, that no Subordinate Lodge has a right to impose a fine upon its members for not attending the funeral of a deceased brother who is not interred according to the usual form and ceremonies of the Order, as prescribed by the Sovereign Grand Lodge. — 1864 Journal, 560. 1200. Fines must be paid althoug"h funeral irreg-ular. A failure to observe some parts of the form prescribed for fun- eral procession or funeral ceremonies, or the fact that the ]jodge did not occupy the position or place designated in the form, does not necessarily render the funeral illegal so as to exempt or excuse from line those who violate the By-Laws of the Lodge by non-attendance at the funeral or failure to answer at roll call on return from the funeral. — Houseman rs. Golden State Lodge, 1892 Journal, 80, 91. 1201. Insufficient notice of funeral. A hailing saluta- tion from the Noble Grand of a Lodge to a brother across the street that " there will be a meeting to-night," is not a notice duly given to such brother of a meeting held for the purpose of preparing for the funeral of a brother. The brother so notified cannot be fined for non-attendance at the funeral, if such be the only notice he received. — Petaluma Lodge vs. Ellsworth, 1875 Journal, 198, 275. 1202. When funeral begins and ends, and special, preliminary and subsequent meeting's. The funeral of a deceased member commences when the Lodge takes charge of the body, and ends with the ceremony and work of interment; or, if the body be taken in charge by some other Order, when the Lodge in funeral procession arrives at the place appointed for the starting of the funeral, and ends as 1)efore stated. If Lodges desire to enforce the attendance of their members at the special, preliminary and subsequent meetings had in con- nection with funerals, they must frame their laws so as to re- FISCAL YEAR— FLAG. 311 quire such attendance before they can impose fines for non- attendance at such meetings. — Taylor vs. Eureka Lodge, 1876> Journal, 401, 483, 503. 1203. Attendance at Court— Absence from city. Under By-Laws which make absence from the city or attendance on court a valid excuse for non-attendance at a funeral, a brother who lives in the city but works out of the city, and who left the city in the morning of the day of the funeral to so work, and was at the time of the funeral so working, has a valid excuse. So an attorney who is absent from the city in attend- ance at court, has a valid excuse. — 1882 Journal, 741, 844, 879; Barnard vs. Kelly, 1882 Journal, 742, 837. 1204. Funeral dues. Funeral dues are fines or assess- ments imposed on account of the death or funeral of a member. —1891 Journal, 585, 690, 716. 1205. Noble Grand's excuse. The Vice-Grand cannot excuse the Noble Grand for being absent when the Noble Grand has a legal excuse. He should be excused by a vote of the Lodge.— 1897 Journal, 839, 994, 1036. (See Trials). FISCAL YEAR. 1206. When commences and ends. The fiscal year of the Grand Lodge commences April 1st, and closes March 31st, of each year.— 1896 Journal, 559, 560. 1207. Grand Treasurer. He shall have his accounts closed up on the thirty-first day of March, annually and submit them to the Finance Committee. — Constitution Grand Lodge, Art. IV, Sec. 5. FLAG. 1208. Odd Fellows' Flag. It is intended for Subordinates as well as Grand Lodges and is to be manufactured of white material, either bunting, satin or cotton cloth. The proportions to be eleven nineteenths of the length for the width. The em- blems to consist of three links to be placed in the center of the flag with the letters I. 0. O. F., and the name of the State, District or Territory using it, to be painted or wrought in scar- 312 FORMS— FUNDS AND PROPERTY. let color, and trimmed with material of same color. — 1868-1871 S. G. L. Journal, 4394, 4418, 5168, 5217, 5205-5248. 1209. American Flagf. It is legal for a Lodge to purchase an American jftag.— 1897, S. G. L. Journal, 15168, 15534, 15584, 15613. FORMS. (See the Forms affixed to this Digest; and for index thereto, see index to this Digest.) FUNDS AND PROPERTY. 1210. Trust fund for charitable uses of the I. 0. 0. F. The funds and property of this Lodge shall be held exclusively as a trust fund, to be devoted to no other purpose than the charitable uses of the I. 0. 0. F., and expenditures legitimately made for Lodge purposes, and the advancement of the interests of the Lodge or Order, and the uses and purposes mentioned in Section 2 of this Article. The funds may be invested from time to time as the Lodge shall direct, but no part thereof, or of the Lodge property, or of the proceeds of any sales of such property, shall ever be divided among the members.— Constitution Sub- ordinates, Art. IX, Sec. 1. Note. — All attempts to divert the cause to continue as a working body funds or property of a Lodge from the money and property of whatever the objects or purposes for which kind of which it may be possessed they were in the name of the Order and belonging thereto, must be sur- coUected, by dividing or appropriat- rendered up to and paid over to the ing them to some other object or pur- State Grand Lodge from which it de- pose, before breaking up or surren- rived its authority, and no diversion dering the charter, are wrong, and in of the funds or jiroperty, or other direct violation of the trust which disposition of it, except for the legit- they have voluntarily assumed. The imate objects of the Order, can or funds and property are trust funds, will be recognized or tolerated by the and can be applied only to the objects Sovereign Grand Lodge — (1864 S. G. for which they were collected; and L. Journal, 3664, 3697), when a Lodge shall fail from any 1211. The Treasurer or Trustee cannot borrow or use. Nor shall a Treasurer or Trustee be permitted to borrow or use any funds of the Lodge or become surety for the same. — Con- stitution Subordinates, Art. VI, Sec. 14. FUNDS AND PROPERTY. ^13f 1212. Cannot be loaned to a member. The funds of this Lodge shall not be loaned to a member of this Lodge. — Constitution Subordinates, Art. IX, Sec. 4. . Note. — No Lodge shall divert the and make terms of investment to suit fnnds from the uses for which they itself, subject to the provisions of were paid in, nor loan the same at general or local laws on the subject any time without ample security restricting the character of such in- being given and a reasonable interest vestments — (1890-1895 S. G. L, Jour- being paid— (1887 S. G. L. Journal, nal, 11892, 12192, 12276, 14433, 14461). 10909, 10928). It can loan its funds 1213. Officers must gfive bonds. Every officer having care of the funds of the Lodge is required to give a bond with two sureties, but a Subordinate Lodge may provide in its By- Laws for the acceptance of the guarantee of an incorporated security company in lieu thereof. — 1854 Journal, 77; Consti- tution Subordinates, Art. VII, Sec. 12. (See Bonds). 1214. Surrender or forfeiture of charter. In case of the surrender or forfeiture of -charter, all funds and property of Lodge to be surrendered and delivered up to the Grand Lodge or its officers. (See Charter). 1215. May invest surplus in stock. A Lodge may invest its surplus funds in the stock of a bank, loan and trust com- pany, or other moneyed enterprise which it may deem to be a good paying concern. — 1889 Journal, 72; 1888 S. G. L. Jour- nal, 11102, 11374, 11399. 1216. Stock in Odd Fellows' Hall Association. A Lodge may use a reasonable portion of its funds to purchase stock in an Odd Fellows' Hall Association, although such hall or build- ing when erected will be in part used for other than Odd Fellow purposes.— 1887 S. G. L. Journal, 10713, 10951, 11005. 1217. Services rendered or materials furnished. Any Lodge has a right to appropriate moneys for any and all expenses in the legitimate work of their Lodge, whether for services rendered or materials furnished by persons in or out of the Order. — Schell vs. Charity Lodge, 1854 Journal, 73. 314 FUNDS AND PROPERTY. 1218. Real estate, building" of halls, etc. A Subordinate Lodge has a right to spend its funds, not otherwise interdicted, for the purchase of real estate, the building of halls, the pur- chase of large and costly frames for charters and pictures, albums for the same purpose, and many other such articles. — 1879 S. G. L. Journal, 8166, 8182. 1219. Building' of road to Lodg'e's hall. A Lodge own- ing a hall cannot appropriate money from its funds to build a road from the town in which its hall is situated to a railroad station, as the object for which the appropriation should be made cannot be regarded as one of the legitimate objects of the Order. Nor can the appropriation be supported on the ground that the building of the road will benefit the property. If the hall were controlled by an association in which the Lodge was a mere stockholder, then the association would have the right to make such an appropriation, for in such case the property is a mere investment and an appropriation out of its revenues for such a purpose would be legitimate and proper; not so, however, in a case where the revenues derived from the rent of the hall have been mixed with those derived from the dues of members so as to form one fund. — 1884 Journal, 14, 116, 153. 1220. Electric railway. It is illegal for a Subordinate Lodge to donate from its treasury a sum of money to help build an electric railway, even where the Lodge owns its own hall and property, and the reason given for the donation is that the opening and building of the road would enhance the value of the Lodge property. — 1892 Journal, 116, 131. 1221. Railroad. A Lodge cannot give money to help raise a bonus to assist in building a railroad from the town in which the Lodge is situated to the interior. — 1895 Journal, 22, 195, 196, 236. 1222. Robes and costumes of officers. The funds nec- essary for the purchase of officers' robes and costumes for con- ferring the degrees of Odd Fellowship are held to be current expenses, and it does- not require a two-thirds' vote of the mem- bers present to appropriate funds for such purpose where the FUNDS AND PROPERTY. 315 By-Laws provide that a majority may vote the funds required for all current expenses.— 1887 Journal, 767, 875, 888. 1223. Brothers in ill health. A Subordinate Lodge hag a right to donate of its funds to a brother in ill health, as a charity, though not entitled thereto by the By-Laws as a mat- ter of right.— 1857 S. G. L. Journal, 2772, 2812. 1224. To assist new Lodgfes. Donations made to assist petitioning brothers by the parent or other Lodges for the pur- pose of instituting new Lodges, is allowable, and is in no sense to be regarded as a division of the funds of the Lodge. — 1868— 1878 S. G. L. Journal, 4423, 7804, 7842. 1225. To member in arrears. A Subordinate Lodge can grant to a member thereof who is in arrears, a donation from its funds, if done in accordance with its By-Laws — 1854 Jour- nal, 69. 1226. Widow of a brother not in good standing^. A Lodge may donate money for the relief of the widow of a de- ceased Odd Fellow, who was not in good standing at the time of his death. — Wilkins vs. Charity Lodge, 1861 Journal, 173. 1227. To reimburse fees and dues— Minister of the Gospel. A Lodge, cannot fail to require fees and dues from all its members, according to the demands of the By-Laws. Hence a minister of the Gospel cannot be admitted or initiated into a Subordinate Lodge free of charge, but a liOdge may donate him or any member an amount sufficient to reimburse his fees or dues.— 1861 Journal, 187. 1228. Relief to members not in good standing*. Dis- crimination and carefulness should be used in drawing upon the funds of the Lodge for the relief of other than members in good standing; but the right exists to make donations for chari- table purposes where the objects of charity have claims upon our consideration.— Wilkins vs. Charity Lodge, 1861 Journal, 173, 174. 1229. Children of deceased brother in arrears. The children of a deceased brother, who, at he time of his death 316 FUNDS AND PROPERTY. was in arrears for dues more than twelve months, are not entitled to any consideration as a right, but the Lodge may extend its aid, by donation or otherwise, if the circumstances in the judgment of the Lodge justify such action. — 1872 Jour- nal, 657, 677. 1230. To compromise financial question. A Lodge can draw upon its funds for the compromise and settlement of a financial question ab©ut which men may honestly differ, when satisfied that the good of the Order will be promoted thereby.— King vs. Ukiah Lodge, 1874 Journal, 80, 84. (See also Sections 2455 and 2454 of this Digest.) 1231. Donation to settle accounts. A Lodge when a dispute arises between it and a member as to the state of his accounts, has a right, for the preservation of harmony, and in settlement of that dispute, to donate from the treasury a sum of money to such member, and direct that it be placed to his credit on account of dues. King vs. Ukiah Lodge, 1874 Jour- nal, 80, 84. 1232. To assist Rebekah Lodges. A Subordinate Lodge may donate money to assist a Rebekah Lodge. — 1891 Journal, 585, 690, 716. 1233. Relief of wife of a member of another Lodg-e. The restrictions contained in Section 1, Article IX, Constitution of Subordinates, do not prohibit a Lodge from donating from its funds to relieve the wife of a member of another Lodge who retains his standing, though he has ceased to support his family and has abandoned it. — 1874 Journal, 102, 114. 1234. How funds to be invested. The Trustees shall keep the funds invested in such stocks, bonds or other securi- ties as shall be approved by a two-thirds vote of the members present at a regular meeting, or deposit the same in some sav- ings bank. — Constitution Subordinates, Art. VII, Sec. 6. (See Trustees). 1234a. Other securities do not include a promissory note. In Section 6, Article VII, Constitution of Subordinates, FUNDS AND PROPEKTY. 317 the words "other securities" in the phrase "and shall also keep the funds invested for the best interests of the Lodge, in such stocks, bonds and other securities as shall be approved by a two-thirds vote," etc., cannot in any sense be construed to mean a promissory note, which in effect is but written evidence of a verbal promise of the debtor, and is in no sense a security. — 1896 Journal, 580, 627. 1235. Loss of funds in bank and Treasurer. It is a subject within the control of a Lodge to release the Treasurer from any loss of funds of the Lodge which were regularly de- posited in a banking house, and the deposit made separate from his private funds and in the name of the Treasurer of the Lodge, such banking house having suspended payment. The exigency should be provided for in the By-Laws, the Lodge being fully competent to act in the premises. — 1857 Journal, 281, 282. 1236. Jewel for a member, A Lodge has no right to expend the funds of the Lodge for a jewel for a member. The funds are Trust Funds and should not be used for such pur- pose.— 1897 Journal, 807, 994, 1034. 1237. Excursion-picnic. Where a Lodge held an excur- sion-picnic it is unlawful for the Lodge to pay the fare of its members in good standing. — 1897 Journal, 854, 1000, 1035. 1238. A conting-ent or special five per cent, fund in Lodgfes. This Lodge may provide in its By-Laws for the set- ting apart of a sum not exceeding five per cent, of its annual receipts for dues as a contingent or special fund, to be ex- I^ended, in its discretion, in the payment of necessary and proper obligations incurred by the Lodge, not included in or provided for hy Section 1 of this Article. — Constitution Sub- ordinates, Art. IX, Sec. 2. Note.— Grand Lodges are invested necessary and proper obligations with the power to permit Subordin- which every Lodge must meet, and ate Lodges and Hebekah Lodges for which purpose a Subordinate nnder their respective jurisdictions Lodge, under existing laws, cannot to set aside five per cent, of their re- expend its funds— (1890-1891 S. G. L. oeipts for dues as a contingent fund. Journal, 122.32, 12285-12610, 12651). to be expended in the payment of 318 FUNDS AND PROPERTY. 1239. Special fund for parties, etc.— Amendment. A t5ubordinate Lodge has the right to amend its By-Laws by which five per cent, of the annual income from dues may be set apart and become a "special fund" to be used for parties, entertainments, suppers, etc. It is contrary to the law of the Order to use money from the "General Fund" for this purpose. —1896 Journal, 409, 588, 629. 1240. The conting-ent or special Ave per cent, fund is a separate fund. The contingent or special fund provided by By-Laws of Lodges, under Section 2, Article IX, of Constitu- tion of Subordinate Lodges, is a separate fund, and the amounts so set apart are set apart as a separate fund. — 1896 Journal, 442, 607, 636. 1241. Cig'ars. A Lodge which has not adopted a By-Law as provided by Section 2, Article IX, Constitution of Subordin- ate Lodges, cannot lawfully appropriate its funds in payment of a bill for cigars. — Wilson vs. San Francisco Lodge, 1896 Journal, 516, 557. 1242. Dishes. A Lodge cannot expend money for dishes unless the By-Laws provide a contingent fund therefor. — 1896 Journal, 440, 607, 636. 1243. Supper or banquet. In the absence of a By-Law, as provided by Section 2, Article IX, of the Constitution of Subordinate Lodges, it is illegal to appropriate the funds of the Lodge for the purpose of paying the expenses of a supper or banquet given on the night of the installation of its officers. — Fraser vs. Presidio Lodge, 1895 Journal, 139, 179; Pool vs. Alta Lodge, 1894 Journal, 691, 718. 1244. Certain moneys not transferable from one fund to another. A Lodge having a balance of money, exceeding expenditures of a celebration, by vote of the Lodge places the same in the general fund. In such case it is not legal to drato that money out of the treasury and place it in another fund. — 1890 Journal, 315, 407, 410, 436. 1245. Celebration fund created by donation. Where, after any proper celebration relating to Odd Fellowship, there FUNDS AND PROPERTY. 319 are any surplus funds still on hand, they may be donated to the Lodge, to be held by such Lodge for the especial purpose of assisting at some future celebration, and the Lodge has the right to accept such a donation for such a purpose. — 1883 Jour- nal, 1135, 1138, 1174. 1246. Donations to Lodg-e how entered in the books. Money donated to a Lodge for a specific purpose, outside of the regular Lodge business, such as providing entertainments, sup- pers, etc., should not be passed through the Lodge books into the treasury, as it could not then be used for the purpose in- tended. But the Treasurer may be selected as the custodian of such money, in trust for the use and purpose designated by the donor.— 1889 Journal, 33, 122, 163. 1247. Fop what purposes Lodges may appropriate. Subordinate Lodges may, from funds of the Lodge, pay the expenses resulting from care of a sick brother, burying the dead (including payment for nurse), educating the orphans of a de- ceased brother, or pay benefits to the sick or widow of a de- ceased brother. They may provide suitable Lodge-rooms, and defray from funds of the Lodge, all necessary expenses incurred in transacting their business; but Subordinate Lodges may not divert the funds of such Lodges to objects foreign to the general purposes of the Order. — 1865 Journal, 62, 81. NoTK.— Subordinates have power The peculiar office of the Subordi- to regulate and control their own nate Lodge is to provide the means tinancial affairs and have the right to to meet the claims of its sick and determine the propriety of appropri- distressed members; to care for them ating their funds for all purposes properly during their illness, to* bury recognized by the Order, yet that dis- the dead, to succor the widow and cretion must be exercised in a reasona- to educate the orphan.— (1866-1871- ble manner. Its funds are stamped 1879 S. (1. L. Journal, 3959, 4007, as trust funds only to be used for 8171, 8185, 5197, 5246.) the legitimate objects of the Order. 1248. Necessary expenses and beneficence and char- ity. The funds of a Subordinate Lodge can be used for two j»urpose8 only, viz: First, to defray its necessary expenses; and, secondly, for objects of beneficence and charity. — 1854 Journal, 73; 1860 Journal, 28; 1861 Journal, 174; Alturas Lodge VH. iMtigy 1864 Journal, 523, 544. 320 FUNDS AND PROPERTY. 1249. Charities of the Order. Lodge funds can only be used for charities and expenses in the Order; but the charities of the Order, outside of its own members, are to be sustained by voluntary contributions. — 1865 Journal, 59, 72. 1250. To assist an Ancient Odd Fellow. A Lodge has a right to appropriate its funds to assist an Ancient Odd Fel- low not a member of any Lodge, to carry on a business to earn a support, he being unable to do manual labor. — 1866 Journal, 134, 219, 230. 1251. National Sanitary Commission. Lodges have the right to make contributions from their funds to a National Sanitary Commission, but it is better for brothers to contribute personally in the name of the Lodge, if so desired. — 1863 Jour- nal, 366, 410, 421. 1252. To place a brother in good standing". An appro- priation may be made by a Lodge from its general fund to place a brother in good standing, in case of sickness or dis- ability of body or mind.— 1858 Journal, 392, 397; 1886 Jour- nal, 534, 620. 1253. Defraying" expenses of District Deputies. Lodges visited by District Deputy Grand Masters for the installation of officers, should make a reasonable appropriation for the pur- pose of defraying the necessary expenses of such deputies. — 1858 Journal, 381. 1254. Defraying expenses of Representatives. Rea- sonable appropriations may be made by Lodges to defray the expenses of their Representatives to the Grand Lodge. — 1855 Journal, 132; 1886 Journal, 644, 662. 1255. Funeral of person not an Odd Fellow. A Lodge donated from its funds the sum of twenty dollars towards de- fraying the funeral expenses of a person who died in poverty and who had been an active and efficient member of the Lodge for many years, but had been expelled recently for conduct un- becoming an Odd Fellow. Held, that this was devoting the funds to the charitable uses of the Order, and was a legal ex- FUNDS AND PROPERTY. 321 penditure. The Lodge acted in the spirit of forgiveness appro- priate to Odd Fellowship, remembering the services rendered the Order by the deceased in former years. — Cain vs. Auburn Lodge, 1880 Journal, 261, 352, 374. 1256. Suspended member. A Lodge may expend part of its funds for the burial of a suspended member of the Lodge. —1895 Journal, 18, 185, 235. 1257. Carpiage hire at funeral. A Lodge has a right to pay carriage hire from its funds for the funeral of a deceased brother, if there be nothing in its By-Laws to the contrary. — 1894 Journal, 605, 731, 771. 1258. Public Libraries and Odd Fellows' Libraries. It is not legitimate for a Subordinate Lodge to require dues from its members for the support of a public library, but this decision shall not be construed to apply to Odd Fellows' Library. — 1879 Journal, 24, 101, 110. (See Libraries.) 1259. Funds for celebrating* the Anniversary of Odd Fellowship. Subordinate Lodges have a right to appropriate their funds to pay the expenses of celebrating with appropriate ceremonies the anniversary of the introduction of our Order into America, and have the right to determine the propriety of appropriating their funds for all purposes recognized by the Order.— 1867 Journal, 361. Note. — They may expend a rea- and illustrate its principles, or to ele- Honable amonut of their funds to de- vate it or dignify it in the eyes of the fray the necessary expenses incident community, such as hiring halls, pay- to the celebration of the introduction ing for printing, procuring orators, of Odd Fellov/ship in America in such etc. — (1886-1887 S. (1. L. Journal, manner as shall tend to promulgate 10402, 10443-10714, 10951, 11005). 1260. Music and parade at anniversary. The expendi- ture of Lodge funds fur music to accompany a parade or as an attractive feature in connection with and as a part of the pre- scribed ceremonies is authorized. — 1894 S. G. L. Journal, 14050, 14073. 21 322 FUNDS AND PROPERTY. 1261. Parties, balls, picnics, banquets, etc., at anni- vePSaPy. A Lodge may not expend its funds for the celebra- tion of the anniversary of the Order for those things which contribute merely to the pleasure or gratification of the indi- vidual members, such as parties, balls, picnics, excursions, banquets, and the like, or a literary and musical entertainment, with a collation and dance, or music in connection with a ■dance or other entertainment, not constituting a part of the regular anniversary exercises. — 1886-1887-1894 S. G. L. Jour- nal, 10402, 10443, 10714, 10951, 11095, 10253, 10521, 10659, 14050, 14073. 1262. Memorial Services. A Lodge holding memorial services pursuant to the proclamation of the Grand Sire, may appropriate a reasonable amount of its funds to defray the nec- essary expenses incident thereto. — 1889 Journal,. 72. 1263. Watchers. A Lodge may appropriate its funds to hire watchers to watch with its own or transient members. — 1879 S. G. L. Journal, 8166, 8185. 1264. Orphans of Odd Fellows when not objects of charity. A Lodge may appropriate funds for the benefit of orphans of deceased Odd Fellows when not objects of charity, and the money may be paid to any person designated by the Lodge, for their use and benefit. — 1896 Journal, 440, 607, 636. 1265. Music and orchestra. A Lodge cannot appropri- ate its funds for music and transportation of an orchestra on an occasion other than at an anniversary of the Order. — 1895 Journal, 41, 185, 235. 1266. Music at funeral. A Subordinate Lodge cannot appropriate money from its regular funds for music at the funeral of a member. — 1880 Journal, 258, 359, 375; see also 1879 S. G. L. Journal, 8053, 8098. 1267. Refreshments, transportation, music, balls and other amusements. Lodges may not from Lodge funds pay the expenses of refreshments or transportation or music pro- vided for a pleasure excursion given under the auspices of the FUNDS AND PROPERTY. 323 Lodge; and they may not from such funds pay the expense of halls or any other amusements. — 1865 Journal, 62, 81. 1268. Dinners and pefreshments. A Lodge has not the right to appropriate its funds for dinners and refreshments of odges throughout this jurisdiction are recommended to establish Odd Fellows' Libraries.— 1857 Journal, 288. 1411. Donations and subscriptions to establish and support. \Vhfup:as, Tbe estal)lishment and supjiort of Odd 352 LIMITATIONS— LIQUORS. Fellows' Libraries in connection with the Order in this State has been productive of much good in promoting intellectual advancement among the brethren and their families, and gives character to the Order for attainment in knowledge; and Whereas, It is our aim to elevate and improve the charac- ter of man by the encouragement of education and the promo- tion of ail those objects that have a tendency to give character to Odd Fellowship for intellectual greatness, as well as for its perfect system of charities: Resolvedj That this Grand Lodge indorses and approves the establishment and support of Odd Fellows' Libraries in connec- tion with our Order in this State. That it is the duty of all brothers and Lodges to encourage by their subscriptions and donations. Odd Fellows' Libraries, wherever they may be estab- lished, by such contributions as may be consistent with the state of the finances; provided, that such subscriptions and donations do not interfere with the charitable and beneficial operations of the Order; that annual or other donations by Lodges for the support and progress of Odd Fellows' Libraries is a legitimate and proper use of a portion of the funds of a Lodge, provided, always, that the beneficial and charitable purposes of the Order are not thereby embarassed of which a majority of the members of the Lodge at any regular meeting are the proper judges. — 1860 Journal, 81. Note. — It is not legititmate for a construed to apply to Odd Fellows' Subordinate Lodge to require dues Libraries.— (1879 Journal, 24, 101, from its members for the support of 110.) a public library, but this shall not be LIMITATIONS. (See Trials; Offenses). LIQUORS. 1412. Liquors prohibited in Lodg^e-rooms, ante-rooms and halls. Resolved, That all spirituous or malt liquors shall be strictly excluded from all Lodge-rooms, ante-rooms or halls under the control of any Subordinate Lodge in this jurisdic- tion.— 1866 Journal, 189, 229. s. LIQUORS. 353 (See, for similar legislation by Sovereign Grand Lodge, 1874 G. L. Journal, 6198, 6222). Note. — Lodges cannot abridge the descend to the restriction or regula- liberties of the citizen, nor dictate to tion of the beverage of its members, him ichat he shall eat or what he shall While temperance is a cardinal prin- drink. All good Odd Fellows despise ciple of the Order and must be ob- ^is such the abuse of intoxicating served, they will not attempt to drinks, and in their " war against enforce total abstinence, a principle vice" they look upon drunkenness as never intended by the framers to be incompatible with every principle of ingrafted upon our Order — (1849 S. the Order. But neither will the laws G. L. Journal, 1504, 1513). nor the principles of Odd Fellowship 1413. Celebrations, anniversaries, balls and parties. Resolved, That no Subordinate Lodge under the control of this Grand Lodge shall hold any anniversary or other celebration, ball or party, where the regalia of the Order may be worn, or the name of the Order assumed, without the consent of the Grand Master, first obtained in writing; such permission to be predicated only upon the direct promise, through the officers of the subordinate .seeking the permission, that no intoxicating l>everages of any kind shall be offered by them to the members or guests present on the occasion; provided, that the foregoing is not intended to prevent Lodges from joining in a public pro- •cession in regalia, in connection with other organizations, when invited to do so by civil or other authorities, permission ior that purpose having first been obtained from the Grand Master. Resolved, That Lodges desiring to avail themselves of the privileges contained in the foregoing resolution may apply to the Grand Master, through their Noble Grand or Secretary, under seal of the Lodge. Such application shall contain a direct promise that no intoxicating beverages of any kind shall be offered by them to the members or guests present on the occa- «*ion.— 1866 Journal, 189, 229. Note. — The Sovereign Grand Lodge picnics, balls, parties and entertain- has enacted similar legislation appli- ments of every kind. — (1892 S. G. L. cable to anniversaries, excursions. Journal, 13067, 13156). 1413a. No liquors at celebration, banquet, entertain- ments. No Lodge shall j)(3rmit the use of spirituous or malt liquors at any celebration, entertainment, ])anquet, suj)- per or other repast given by the Lodge or held in the name of 23 354 LIQUORS. the Order, whether held in the building or Lodge-room con- trolled by the Lodge, or at any other place. — Constitution Sub- ordinates, Art. X, Sec. 4. 1414. A Lodg'e rents a store-room for a saloon. A Lodge in February, 1896, leased a store-room in a building it owned, and which was known as the Odd Fellows' building, to- a brother for a saloon. The brother at the time was engaged in that business, and had been for four years next preceding that time, and had been a member of the Order for eight years prior thereto, and was such at the time. The brother, there- fore, was a member of the Order and, also, engaged in the saloon business on September 18th, 1895, when the Sovereign. Grand Lodge amended Article XVI of its Constitution, and provided that no saloon-keeper or bartender shall be eligible to membership in this Order. The Lodge, in leasing the store to the brother, did not violate any law of Odd Fellowship. — Lurry vs. Vacaville Lodge, 1896 Journal, 522, 557. 1415. Saloon-keeper. A saloon-keeper is not eligible to- membership in the Order. A member of the Order who was not in the saloon business on the 18th of September, 1895, ha& no right to engage in the business since that time. — 1897 Jour- nal, 808, 994, 1034. 1416. Prohibition of their sale is a political question. The question of the sale or the prohibition of the sale of in- toxicating liquors is purely and simply a political one, when sought to be controlled or regulated by legislation, and it is, therefore, one banished by our laws without our councils. No such question can properly be considered in a Lodge-room of our Order, and therefore no communication to the legislature from the Lodge, under its seal or otherwise, should be sent. This does not prohibit nor interfere with the right of each member of a Lodge, as an individual, to sign any petition he may desire upon the subject mentioned. — 1878 Journal, 820,. 928, 965. (See Offenses). LOCATION OF LODGE— LOTTERY -MANCHESTER UNITY. 355 LOCATION OF LODGE. 1417. How changed. The location of a Lodge cannot be changed without the consent of the Grand Lodge or dispensa- tion from the Grand Master. To remove from one hall to another in the same town or city, dispensation or consent un- necessary ; but to remove to another town or city, permission is needed. — 1861 Journal, 146; Grand Lodge Constitution, Art. IV, Sec. 1; 1895 Journal, 32, 122, 163. (See Dispensations.) LOTTERY, 1418. Lotteries prohibited. No Lodge or other organi- zation of this Order in this jurisdiction shall ever get. up, engage in, or be in any manner interested in any lottery or gift enterprise, or receive any emolument or benefit therefrom. — 1871 Journal, 444, 471. 1419. Name of Order, etc., to aid lottery, prohibited. Any member using the name of the Order, or of any Lodge, Odd Fellows' Hall, Library, Cemetery or other association of this Order, for the purpose of aiding in or in any manner fur- thering the interest of any lottery or gift enterprise scheme, shall be deemed guilty of conduct unbecoming an Odd Fellow, and, upon due trial and conviction thereof, shall be expelled from the Order.— 1871 Journal, 444, 471. 1420. Raffles. It is unlawful and contrary to the laws of Odd Fellowship, to sell tickets for or hold raffles in Lodges. — 1897 Journal, 851, 852, 994, 1034. MANCHESTER UNITY. 1421. Admission to our Order. Persons belonging to the Manchester Unity may be admitted to our Order by initia- tion.— 1857 Journal, 273; 1864 Journal, 505. Note. — There is no commnuion of Odd Fellows may unite with an}' between the Manchester Unity of lawful society or association what- Odd Fellows and our Order. There ever without severing their connec- is no agreement or recognition for tion with the Order— (1847, 1882, 1879 intervisitation between the two Orders. S. G. L. Journal, 1070, 1074, 8839, Members of the Independent Order JK)21, 9101, 8078, 8174). 356 MANDAMUS-MAKRIAGE— MEMBERSHIP. MANDAMUS. 1422. Grand Lodg-e cannot issue. The Grand Lodge has no authority to issue an alternative Writ of Mandate upon a petition of a brother asking that a Subordinate Lodge be re- quired to pay certain benefits to a brother, or show cause why it should not be compelled so to do. — Gunther vs. Harmony Lodge, 1887 Journal, 891, 904. MARRIAGE. (See Widow; Orphans). MEMBERSHIP. 1. Qualifications for, page 356. 2. Application for, page 365. 3. By initiation, page 369. 4. By deposit of card or certificate, or as Ancient Odd Fel- low, page 371. 5. Reinstatement and readmission, page 379. 6. Non-beneficial members, page 385. 7. Miscellaneous, page 387. 8. Membership of Grand Lodge. (See Grand Lodge, Busi- ness of Grand Lodge, Representatives). 9. Membership of Degree Lodge. (See Degree Lodge). 10. Membership of Rebekah Lodges and Assembly. (See Rebekah Branch). 1. QUALIFICATIONS FOR. 1423. Race, ag-e, health, character, habits, means of support, belief, and residence. Every applicant for initi- ation must be a free white male of the age of twenty-one years; of sound health; of good moral character and industrious habits, having some known respectable means of support; must believe in the existence of a Supreme Being, the Creator and Preserver of the Universe, and be proposed in the Lodge near- est his residence, except that Lodge grant permission for his joining another Lodge; provided^ that application for member- ship may be made to any Lodge nearest the residence of the MEMBERSHIP. 357 applicant, in the same county or district. A candidate may be admitted in any Lodge in the city or village in which he re- sides; but all candidates for initiation must reside in this juris- diction, except such candidates as may apply from other States or Territories where there is no Grand Lodge or District Dep- uty Grand Sire located. — Constitution Subordinates, Art. II, Sec. 1. 1424. Saloon-keeper, bartender and professional g-am- bler. No saloon-keeper, bartender or professional gambler shall be eligible to membership in this Order. — Constitution Subordinates, Art. II, Sec. 6. 1425. A saloon connected with business. A person conducting a business that has a saloon connected with it, in any shape, manner or form, is not now eligible to admission into the Order.— 1896 Journal, 412, 581, 628. 1426. A bar-keeper who takes a Withdrawal Card may become a member ag^ain. A brother who was a member of a Lodge and a bar-keeper when the amendment to Section 5, Article XVI, Constitution of Sovereign Grand Lodge, went into effect (September 18th, 1895), takes a Withdrawal Card there- from, continues in the occupation of a bar-keeper, and within a year from the issuance of the card, deposits it with another Lodge and applies for membership therein, the Lodge can ad- mit him to membership. — 1897 S. G. L. Journal, 15157, 15534, 15584, 15613. 1427. Hotel keeper. A hotel-keeper is not a saloon keeper. If he have a bar and tends it, he is a bartender and as such is excluded from membership. — 1896 S. G. L. Journal, 14682, 14948, 15019. 1428. Holders of Grand Lodge Cards. Holders of a Grand Ivodge Card as members of a defunct Lodge, if saloon keepers or bartenders, cannot be admitted to membership. — 1896 S. G. L. Journal, 14683, 14948, 15019. 1429. Drug-g-lst. A druggist is not a saloon keeper, though he sell liquor for other than mechanical, chemical and medicinal purposes.— 1896 S.G. L. Journal, 14685,14948, 15019. 358 MEMBERSHIP. 1430. Drug'g'ist and liquor bar. Should a person keep- ing a drug store, open a bar and sell liquor over it to be drank on the premises, he would become a saloon keeper as well, and should he attend the bar as well as his drug store, he would become a bartender and inadmissable to the Order. — 1896 S. G. L. Journal, 14685, 14948, 15019. 1431. Waiters in restaurant or hotel. The S. G. L. constitutional amendment. Section 5, Article XVI, does not ex- clude from membership a waiter in a restaurant or hotel where there is no bar.— 1896 S. G. L. Journal, 14686, 14940, 15019. 1432. Waiters in hotels. Waiters in the dining-room of a hotel who serve meals to guests, and with them wine or other liquors called for only, cannot be classed as bartenders. —1896 S. G. L. Journal, 14686, 14948, 15019. 1433. Free white males. The words "free white males" in the United States are ordinarily understood and used to mean and intend persons of the Caucasian race. Half-breeds, or males of mixed blood, though recognized by the laws of the land as citizens and voters, and Indians, and Mexicans who are part Indian, are not eligible to membership. — 1883 Journal, 1002, 1150, 1175. 1434. Half-breed and White. A man whose mother is a half-breed Indian and his father a white man, is not eligible to membership in a Lodge.— 1889 Journal, 28, 122, 163. 1435. Indian blood. A person who has any trace what- ever of Indian blood in his veins is not eligible to membership in the Order.— 1896 Journal, 413, 588, 629. 1436. Mexicans. The son of a white man by a Mexican woman is eligible if she be a Caucasian woman. The descend- ants of the Aztecs are not white, and consequently not eligible. —1883 S. G. L. Journal, 9160, 9324, 9442. 1437. Race. An applicant whose father is a white Cali- fornian, and whose mother is French, and whose character is beyond reproach, is eligible for membership. — 1886 Journal, 534, 620, 646. Note.— Chinese, Polynesians and 1889 S. G. L, Journal, 2948, 2973, Japanese are not eligible— ( 1858- 11736, 11788.) MEMBERSHIP. 359 1438. Business— Keeper of gambling'-house. To keep i\ gambling-house is a violation of the criminal code of the State, and any business carried on in violation of the laws of the State is not a ^'reputable business" within the meaning of our laws defining the qualifications for membership. — 1868 Journal, 414, 527. . 1439. Eng-ag-ed in g-ambling* house op criminal busi- ness. A person engaged in keeping a gambling house or engaged therein, or in any other business in violation of the criminal laws of the State, does not come within the constitu- tional qualification and is not eligible for membership. — 1895 Journal, 22, 223, 241, 243, 253. 1440. Age. It is improper to receive a petition from an iipplicant for initiation under twenty-one years of age, even if he is to be initiated after he is twenty-one. — 1874, Journal, 21, 104, 117. 1441. Age, There is no maximum limit as to age which MEMBERSHIP. 363 unless the By-Laws of the Lodge provide otherwise. — 1889 Journal, 34, 122, 163. 1462- Members of hostile societies. All Lodges have the right to reject such applicants as they regard unworthy, and it is their own fault if persons holding membership in or connected with any society or association by the obligations or requirement of which the secrets of our Order may be endan- gered, gain admission.— 1854 S. G. L. Journal, 2249, 2266, 2327. 1463. A citizen of one State initiated in another. A citizen of California cannot be lawfully initiated into a Subor- dinate Lodge in any other State, without the previous consent of the Grand Master or the Grand Lodge where such citizen is a resident. — 1853 Journal, 36, 42; Constitution S. G. L., Jour- nal, Art XVI, Sec. 3. 1464. Resident of adjoining* State. In order for a resi- dent of an adjoining State to become a member of a Lodge in this State, a dispensation from the Grand Master of the State of which the applicant is a resident must be obtained. — 1891 Journal, 585, 690. 1465. Bona flde resident eligible. An applicant for ad- mission is not required to have resided in the State, or in a town, or in a certain place, for any specified time, or any definite time. It is only necessary that he be a bona fide resi- dent— 1877 Journal, 582, 675, 697; 1888 Journal, 1024,1111, 1130; 1897 Journal, 842, 994, 1034. 1466. What is a sufficient residence. The laws of the various States and municipalities, in consequence of the diver- sity of their provisions, would not, as a general rule, be a proper guide in determining the question of residence of applicants for membership; but Lodges must be governed in this respect by such considerations as would prevail in ordinary business, or social relations; and that the presence of such person was not owing to the pursuit of a merely temporary object — 1852 S. G. L. Journal, 1840, 1897, 1952. 1467. By-Laws can not require a certain period of residence. The By-Law of a Lodge which provides that an 364 MEMBERSHIP. applicant for membership must be a resident of the county for six months is void, as it contravenes Section 1, Article II, of the Constitution of Subordinates. If he be a bona fide resident of the county or district, at the time of making his application, he is eligible.— 1881 Journal, 500, 601, 627. 1468. The same. A By-Law requiring an applicant for membership to be a resident of the jurisdiction six months be- fore making application is illegal and void. — 1889 Journal, 31, 122, 163. 1469. Residence in city or villag-e. An applicant may be admitted to any Lodge in the city or village in which he re- sides. In other cases he should apply to the Lodge nearest his residence, or to the one nearest his residence in his own county or district, unless he obtain the consent of all the Lodges nearer his residence than the one he proposes to join. — 1882 Journal, 737, 738, 844, 879; 1878 Journal, 817, 928, 965; 1879 Journal, 32, 107. 1470. Residence in county or district. Where a candi- date lives in the county or district where the Lodge to which he applies for membership is situated, but lives nearer to an- other Lodge which is situated in another county or district, the consent of such other Lodge to the candidate's application is not required.— 1887 Journal, 768, 772, 875, 888. 1471. Residing" nearer another Lodge. A Lodge has no right to initiate a candidate residing nearer another Lodge, without the permission of such Lodge. — 1877 Journal, 581, 675, 679. 1472. The same. An application for membership by de- posit of card cannot be entertained if made by any one who resides nearer another Lodge, unless that other Lodge consent or a dispensation be granted. — 1889 Journal, 31, 122, 163. (Errata). 1473. The same. A member of the Order having resigned therefrom, desiring to join a Lodge remote from his residence, must obtain the consent of the Lodge nearest his residence, or MEMBERSHIP. 365 obtain a dispensation from the Grand Master. Section 5, Article II, of the Constitution applies to all applicants for membership.— 1889 Journal, 34, 122, 163. 1474. Residence, distance how computed. In ascer- taining whether or not a person resides nearer one Lodge than another, and who wishes to join the Order, distance is to be computed by the shortest route which is traveled in going from his residence to the respective Lodges. — 1896 Journal, 414, -.81, 628. 1475. Residence in another Lodge jurisdiction— Re- turn of fee. A Lodge admitting a member who resides in the jurisdiction of another Lodge without the permission of the latter Lodge, must return the fees (initiation and degrees), when demanded by the Lodge from whose jurisdiction the member was taken. This law applies to a charter member as well as any other member. The fee demanded is the fee of the Lodge near the residence of the member. — 1897 Journal, 808, 994, 1034. 1476. Investigating Committee and residence. It is one of the duties of the Investigating Committee to learn the residence of an applicant for membership, so that the rights of the different Lodges be not abused.— 1897 Journal, 808, 994, 1034. 2. APPLICATIONS FOR. 1477. Petition necessary. Membership can only be attained in a Lodge by petition and election; and no other Lodge has a right to admit a person and give the password (even though rei^uested to do so by another Lodge), except the one in which the application shall have been acted upon. — 1860 Journal, 10, 86. NoTB.— A Subordinate Lodge can- But see when Grand Master present at not legally call a special meeting for a special meeting may issue dispensa- tlie purpose of receiving propositions tion to receive proposition, etc.— (Sec- for membership and appointing com- tions 1494, 1020 and 1028 of this di- Miittee on character thereon. — (1891 S. gest). <1. L. Jonnml, 12a')3, 12632, 12701). 1478. Consent of Lodg-e nearest residence necessary — procedure in such cases. When an application for member- ship is received from a person residing nearer to another Lodge 366 MEMBERSHIP. than the one to which the application is made, the Lodge receiving such application shall communicate the fact to the Lodge nearest the residence of such applicant, and shall inquire whether such person is a fit and proper person to be admitted into our Order, and if in the same county and district, shall also ask the consent of such Lodge to receive and act upon such application; and it shall take no further action upon such application until an answer is received to such communication. The Lodge receiving such communication shall appoint a com- mittee of three to investigate the character, standing and health of the petitioner, in the same manner as if the application were made directly to such Lodge. Such committee shall report at the next regular meeting of the Lodge, and a certified copy of the report, together with a certified copy of the minutes showing the action of the Lodge upon the request for consent to receive and act upon the application (if such consent were necessary), shall be forthwith forwarded to the Lodge in which such appli- cation is filed, and said last named Lodge may then proceed upon such application as in other cases, except, that if it be a case where the consent of the other Lodge is necessary, and that consent be refused, the petitioner's money (if any have been paid) shall be returned, and no further action shall be had in the premises. — Constitution Subordinates, Art. II, Sec. 5. 1479. To what Lodg'e petition should be presented. It is the duty of an applicant for membership to apply to the Lodge nearest to his place of residence, or he may to the one nearest his residence in his own county or district. — 1864 Jour- nal, 439, 555; Constitution Subordinates, Art. II, Sec. 1. 1480. Same subject. Question of residence. If a peti- tion for membership by initiation has been received, and referred to a Committee of Investigation, and said committee have reported that the applicant resides nearer another Lodge, and that the Lodge has not jurisdiction, the Lodge can by motion and vote, return the petition to the applicant, or a motion may first be made that leave be granted to the appli- cant to withdraw his petition. — 1865 Journal, 60, 77. 1481. Decision of nearest Lodge final. Under Section 5, Article II, of Constitution of Subordinates, the refusal of a MEMBERSHIP . 367 Lodge nearest the residence of an applicant for membership to allow another Lodge to initiate him, is final and conclusive so far as the two Lodges are concerned. — 1888 Journal, 1020, 1111, 1130. 1482. Lodge must appoint Committee of Investig-a- tion. A Lodge must appoint a Committee of Investigation on the petition of a candidate for initiation, even where the Lodge nearest the candidate's residence has given its consent to the candidate's initiation by the other Lodge upon the report of a committee of its own appointment. Where no Committee of Investigation has been appointed by a Lodge, it is proper for the candidate to ask permission to withdraw his application, and the Lodge has a right to grant it. Any action of the Lodge in balloting for the person after his application has been withdrawn, is null and void.— 1873 Journal, 783, 889, 896, 900, 901. 1483. Vote to refer not necessary. When a petition for membership is presented to a Lodge, it does not require a motion and vote of the Lodge to refer it to a Committee of Investigation.— 1877 Journal, 582, 675, 697. 1484. Petition must not be laid over one year. A Lodge has no right to lay a petition for membership (by initia- tion) over for one year, even if the Investigating Committee should recommend such action by the Lodge. — 1884 Journal, 112, 131,154. 1485. Where petition does not contain name of recom- mending* brother. Where a petition for membership is duly received, accepted and acted upon, and the candidate rejected, the action of the Lodge is legal, notwithstanding it is discov- ered, subsequently to the rejection, that the candidate's petition does not contain the name of the brother recommending him. —1880 Journal, 259, 359, 375. 1486. Second petition must take same course as first. Where a candidate for membership by card has been once rejected by the Lodge, the candidate may apply again to the same Lodge, and the Lodge has the right to receive the petition 368 MEMBERSHIP. and appoint a committee; but an action of the Lodge instruct- ing the committee to report forthwith, and then balloting for and electing the candidate, is illegal. The Lodge should have appointed a Committee of Investigation, who should report at a subsequent meeting. — In re Mokelumne Lodge, 1866 Journal, 637, 648; 1887 Journal, 769, 896, 904. 1487. Majority of Committee of Investig-ation must act. If, upon the evening when the Committee of Investiga- tion upon the application of a candidate should report, two members of the committee be absent and do not sign the report, the Lodge cannot act upon the report of the remaining member of the committee — 1884 Journal, 13, 14, 116, 153. 1488. Different reports from Investigating* Commit- tee. When only two members of a Committee of Investiga- tion on the application of a candidate report, one report favor- able and one unfavorable, the candidate cannot be legally bal- loted for on such reports. — 1894 Journal, 605. 731, 771; 1890 Journal, 316, 407, 417, 436. 1489. When petition may be withdrawn. An applica- tion for membership may be withdrawn without the permission of the Lodge, before the report of the committee is read to the Lodge, but not afterwards. — Constitution Subordinates, Art. Ill, Sec. 6. 1490. Penalty for misrepresentations in petition. If any person shall gain admittance to any Lodge upon a petition containing any false representations, he shall be expelled. — Constitution Subordinates, Art. Ill, Sec. 7. f 1491. Form of application for membership. A form has been prescribed by the Sovereign Grand Lodge. It is not mandatory, but has been left to the discretion of the several Grand Lodges.— 1885-1886 S. G. L. Journal, 10148, 10188, 10252, 10487, 10511. 1492. Form of proposition. (See Form No. 39 of the forms affixed to this Digest). The name of a person offered for membership, with his age, nativity, residence and occupation, must be proposed by a member in writing, signed by the appli- MEMBERSHIP. 369 cant, with the names of two persons as references attached and entered upon the record. — Constitution Subordinates, Art. Ill, Sec. 1. 1493. Objections to a candidate need not be stated. It is not obligatory upon a member of a Lodge to state his ob- jections against a candidate for initiation to the Investigating Committee.~1864 Journal, 536, 562. 1494. Report of committee. The report of a committee on a petition for membership must be in writing. — 1897 Jour- nal, 807, 994, 1034. 1496. Form of report of committee. (See Form No. 40 of the forms affixed to this Digest). 1496. Special meeting*. A Lodge cannot receive a peti- tion for membership, or act on the report of a committee on a petition, and ballot for membership at a special meeting, unless the Grand Master is present at the special meeting and grants a dispensation therefor. After a candidate has been elected at a regular meeting, a special meeting may be called to initiate such a candidate.— 1897 Journal, 808, 1030, 1054; Constitution Grand Lodge, Art. IV, Sec. 1. 3. BY INITIATION. 1497. How proposed— Committee— Ballot. The name of a person offered for membership, with his age, nativity, resi- dence and occupation, must be proposed by a member in writ- ing, signed by the applicant, with the names of two persons as references attached, and entered upon the record, and forthwith be referred to a committee of three members for investigation, who shall report at the next succeeding regular meeting (unless extraordinary circumstances prevent), when the candidate shall be balloted for with ball ballots, and if three or more black-balls appear, the candidate shall be declared rejected. — Constitution Subordinates, Art. Ill, Sec. 1. 1498. Initiation on Sunday. A person initiated on Sun- day, in violation of the laws of the Sovereign Grand Lodge, and who has not be^*n guilty of fraud or misrepresentation, is as 24 370 MEMBEESHIP. much an Odd Fellow as if elected and initiated at a regular meeting, and the Lodge cannot take advantage of its own wrong and repudiate its action. The brother must be recog- nized as a member so long as he complies with our laws. — 1873 Journal, 783, 900, 901. Note. — An initiation of an un- Order. If he have been guilty of worthy person cannot be declared fraud or misrepresentation, he must null and void. He can only be ex- be tried upon charges and dealt with pelled after proper trial upon charges accordingly— (1848 S. G. L. Journal, — (1849S. G.L. Journal, 1475, 1511). 1280; 1851 S. G.L. Journal, 1723, 1797; A person who has been illegally initi- 1853 S. G. L. Journal, 2146, 2177; ated is nevertheless a member of the 1870 S. G. L. Journal, 485«, 4894). 1499. After resignation. It is competent for a Lodge to initiate an applicant who has previously held membership in the Order and resigned therefrom in good standing, if he be not able to pass an examination in the work. — 1868 Journal, 489, 502. 1500. Initiation under an assumed name. There is no objection to a Lodge initiating a candidate under an assumed name when such assumed name has been taken for no illegal purpose, but is the name by which the candidate has been known and recognized since his childhood, and, furthermore, is the name which the candidate himself accepts as his true name for all purposes. — 1884 Journal, 20, 116, 153. 1501. Effect of loss of petition. A Lodge can elect and initiate a candidate notwithstanding his petition to become a member is lost after its reception. — 1870 Journal, 267, 293. 1502. Receive petition, elect and initiate same even- ing. It is not proper for a Lodge to receive the petition of an applicant, elect and initiate him the same night, except by dis- pensation. — 1857 Journal, 269, 274; Constitution Grand Lodge, Art. IV, Sec. 1. 1503. When Past Grand may initiate. The Noble Grand and Vice Grand both being absent, a Past Grand may take the chair and initiate candidates. — 1876 Journal, 390, 474, 508. 1504. Proceedings upon rejection. When a candidate for initiation has been rejected, notice thereof shall be sent MEMBERSHIP. 371 without delay, to the Grand Secretarj-, and to all the Lodges in the county and district, and he cannot be proposed again in any Lodge for the space of one year after such rejection. All other applications for membership may be renewed at any time. — Constitution Subordinates, Art. Ill, Sec. 5. Note. — There is no general law of after rejection; the inquiry is a mat- the Order limiting the number of ter for local law.— (1856 S. G. L. times a candidate can be proposed Journal, 2560, 2627, 2664). 1505. Rejected applicant, wrong" name, new applica- tion. Should a person apply for membership into a Lodge by initiation, and should sign a name to the petition other than his true name, which petition coming on regularly to be con- sidered, and the petitioner rejected, he could not thereafter within one year, apply for membership under another name, the Committee of Investigation and the Lodge knowing that it was one and the same person. — 1896 Journal, 413, 581, 628. 1506. Where member of extinct Lodge unable to prove himself in work of the Order. In case a person who claims to have been a member of a Lodge in another jurisdiction, is unable to prove himself at all in the work of the Order, and is unable to procure, after reasonable effort, any evidence of his having been once a member — the Lodge in which he claims to have had membership being extinct and the records of the Lodge being lost or destroyed — it is competent for a Lodge in this jurisdiction to receive such person as an applicant for ini- tiation, such person making truthful answers to the questions propounded before initiation. — 1878 Journal, 818, 928, 965. 1507. Cannot ag^ree to waive benefits. Where a person who is tifty-five years of age, offers himself for membership and who has never been a member, and the Lodge declines to accept him, a Lodge cannot, for the purpose of admitting him, enter into an agreement with him whereby he waives all right to pecuniary benefits, but agrees to pay all dues, etc., as other members. It is illegal.— 1883 Journal, 1003, 1150, 1175. 4. BY DEPOSIT OP CARD OR CERTIFICATE OR AS ANCIENT ODD FELLOW. 1508. Card or certificate must be deposited or loss proven. Every applicant for membership by deposit of card, 372 MEMBERSHIP. or certificate of dismissal, or as an Ancient Odd Fellow, shall deposit his card or certificate with his proposition, or furnish satisfactory evidence that such card or certificate has been lost. — Constitution Subordinates, Art. II, Sec. 2. Note.— The card must be returned cepted by the Lodge, it should be re- to the applicant if he be rejected, turned to its rightful owner — (1S49' The card is his rightful property, and S. G. L. Journal, 1399, 1449, 1479). unless the applicant should be ac- 1509. Suspended or expelled member. No suspended or expelled member of the Order can be admitted to member- ship in this Lodge except on a dismissal certificate or on being reinstated and receiving a Withdrawal Card from the Lodge which suspended or expelled him, or from the Grand Secretary,, as prescribed by law. — Constitution Subordinates, Art. II, Sec. 3. 1510. A member for twenty-flve years. A brother who has been for twenty-five years a contributing member of a Subordinate Lodge, who may desire to join this Lodge by de- posit of card, may make application for admission before sev- ering his connection with his Lodge, by sending in his petition setting forth the fact of his having been a member for that length of time, together with such other matter as is usually contained in petitions for membership; whereupon the Lodge shall proceed to consider such application in the usual manner, and in case of the election of such applicant, the Secretary shall immediately notify the Lodge to which the brother be- longs, and when the brother's Withdrawal Card shall have been received by the Secretary of this Lodge, and he has paid the admission fee, he shall be entitled to sign the Constitution^ and thereby be received into full membership. — Constitution Subordinates, Art. Ill, Sec. 2. Note— The above section is founded Lodge, on being notified, if in good upon the legislation of the Sovereign standing, shall grant him a With- Grand Lodge, which provides that, drawal Card, and by depositing it after twenty-five years of continuous with the Lodge electing him, and membership, if a member change his otherwise complying with its By- residence, he may apply to a Lodge at Laws, he shall become a full member such residence without a Withdrawal ( 1880 S. G. L. Journal, 8404, 8478). or Visiting Card, and if elected, his 1511. Chang-e of residence. Change of residence in the above law, note to Section 1510, means from one place to an- MEMBERSHIP. 373 other, without reference to jurisdictions. — 1896 S. G. L. Jour- nal, 14683, 14948, 15019. 1512. The same— In case of election. Should this Lodge receive notification that one of its members has been so elected to membership by another Lodge, this Lodge shall, at the meeting when such notification is received, grant such brother a Withdrawal Card — if he be clear on the books of the Lodge and free from all charges — upon the payment of the requisite fee, and the Secretary shall immediately forward the card to the Lodge from which the notification of the brother's election to membership comes. — Constitution Subordinates, Art. Ill, Sec. 3. 1513. By depositing' a Visiting Card. A member of any Subordinate Lodge shall have the privilege of applying for membership in this Lodge without first applying for a With- drawal Card from the Subordinate Lodge in which he holds membership, by first obtaining a Visiting Card from such Lodge and depositing the same with this Lodge. Upon election of such brother by this Lodge, this Lodge shall notify the Lodge of which he is a member of such election, when, being free from all charges, and the payment of all dues and fines, upon proper application he shall be entitled to a Withdrawal Card. Upon deposit of said Card with this Lodge he shall be entitled to sign the Constitution and By-Laws and be received in full member- ship from such time, upon the payment of the admission fee required by the By-Laws of this Lodge for admission by card. — Constitution Subordinates, Art. Ill, Sec. 9. Note.— The law of the Sovereign 8404,8478, 10973, 11025). Afterwards Oraud Lodge on which the above it was amended and the words "upon Section is based, will be found in the change of residence" omitted.— (1895 Note to Section 705 of this Digest. S. G, L. Journal, 14595, 14596, 14611). When originally enacted, it provided —The law further provides no ballot that a member "upon change of resi- under the above law can be recou- dence" might apply on a Visiting; sidered. — (1895 S. G. L. Journal, Card.- (1880-1887 S. G. L. Journal, 14595, 14956, 14611). 1518a. By depositing an official certificate. In order to visit on an official certificate the dues must be paid in advance. Such official certificate can be deposited in another Lodge for 374 MEMBERSHIP. admission the same as a Visiting Card. — 1897 S. G. L. Journal^ 15165, 15534, 15584, 15613. 1514. Visiting' Card in date. A member of the Order can make application for admission into another Lodge by deposit of a Visiting Card, in date, with his application. — 1889 Journal, 31, 122, 163. (See note to Section 1513.) 1515. To receive petition and ballot the same even- ing*. It is not legal for a Lodge to receive a proposition for membership by deposit of card and ballot for the applicant the same evening, without a dispensation from the Grand Master. —1889 Journal, 33, 122, 163. 1516. Admission fee based on ag'e. A Lodge has the right to provide in its By-Laws that an applicant for admission by deposit of card shall be required to pay one dollar addi- tional for each year over forty-five years of age. — 1889 Journal, 35, 144, 162. 1517. Card, when necessary. A member of a Lodge cannot make application to join another Lodge before taking a card from his Lodge unless he have been a member of the Order twenty-five years, as provided in Sections 2 and 3 of Article III, Constitution of Subordinates. — 1884 Journal, 17, 116, 153. 1518. Card, certificate or credentials necessary. A member of one Lodge cannot be admitted to membership in another Lodge without a Withdrawal Card, Dismissal Certifi- cate or other proper credentials, even though his own Lodge seem to be extinct— 1885 Journal, 286, 403, 432. 1519. Investigating" Committee not to report forth- with. Improper for an Investigating Committee to report forthwith on an application for membership by card, and for the Lodge to receive such report, and ballot on the application at the same meeting the application is received, except by dis- pensation. — 1860 Journal, 85, 86. 1520. Appointment of Investigating Committee. A Noble Grand may appoint an Investigating Committee on the MEMBERSHIP. 375 application of a brother by Deposit of Card, though he may be present in the Lodge. — 1857 Journal, 272. 1521. The annual traveling password. An applicant for membership by Deposit of Card is required to have the accom- panying annual traveling password. — 1861 Journal, 173. Note.— Should be not have the may be admitted as an Ancient Odd annual traveling password, or should Fellow. — (1861-1862 S. G. L. Journal^ the card be an expired one, the brother 3336, 3353-3479) . 1522. When application may be made. A brother may aj)ply to join a Lodge by Deposit of Card at any time before the expiration of the card. Where a card expires upon the day following such application, it is legal to proceed to ballot after the expiration of the card, the application having been made during the life of the card.— 1879 Journal, 23, 101, 110. 1523. Applicant becomes a member, when. A brother who makes application to a Lodge for membership by Deposit of Card and is elected, does not become a member of the Lodge until after signing the Constitution and By-Laws. — 1883 Jour- nal, 1001, lloO, 1175. 1524. The rank or deg-ree of applicant. Where a brother holds a Withdrawal Card and applies for admission upon it, and can prove himself only as far as the Second Degree, but the Lodge receives a communication from the brother's for- mer Lodge that he had received the Scarlet Degree, the number of degrees he had received is a question of fact to be determined by the Lodge. Should the Noble Grand decide the brother to be entitled to rank as a Third Degree member, and the Lodge acquie.'^ce in the decision, the decision of the Noble Grand becomes the decision of the Lodge. — 1878 Journal, 958, 973, 983. 1525. Deg^rees— An elected brother not sig^ned the Constitution. A brother who has been elected to become a member of a Lodge Vjy deposit of card, and who has only at- tained the First Degree, never having signed the Constitution and By-Laws nor presented himself for introduction, cannot legally apply for the other degrees, nor can the Lodge legally confer them.— 1883 Journal, 1001, 1150, 1175. 376 MEMBERSHIP. 1526. When cannot be admitted to another Lodgce. A member holding a Withdrawal Card from his Lodge, near which he resides, cannot be admitted to another Lodge, not in the same county or district, if his former Lodge object. — 1875 Journal, 280, 295. 1527. Holder of Withdrawal Card re-admitted, how. A brother holding a Withdrawal Card in date, with an order for the annual traveling password, can only join a Lodge by deposit of such card, and upon satisfactory proof to the Lodge that he is the lawful holder thereof. And this is so, even though the holder of the card be utterly unable to prove him- self, in any manner or form, in the work of the Order. — 1877 Journal, 583, 675, 697. 1528. Applicant may apply, where. Where a brother obtains a Withdrawal Card from his Lodge, he may apply for membership, by deposit of card, in a Lodge more remote from his place of residence than his former Lodge is, provided Sec- tion 5, Article II, of the Constitution of Subordinates, be com- plied with.— 1884 Journal, 17, 116, 153. NoTK. — The holder of an unexpired resident of the jurisdiction — (1897 S. Withdrawal Card cannot deposit it G. L. Journal, 15176, 15534, 15584, and apply for membership in the 15613). Lodge granting it, where he is not a 1529. Effect of g-ranting- Withdrawal Card. When a brother applies for a Withdrawal Card, his connection with the Lodge ceases on the vote being passed to grant him the card. If he should desire to become connected with the Lodge again, he must apply for admission upon his card — (Grime.s vs. Cherokee Lodge, 1864 Journal, 557). The Lodge cannot restore him to membership by simply reconsidering the vote by which the card was granted.— 1873 Journal, 782, 783,.900, 901. See, also, 1852 S. G. L. Journal, 1841, 1898, 1952. Note. — A brother has the right to Lodge granting the card has, since deposit a Withdrawal Card on applica- granting it, been suspended or ex- tion for membership, and a Lodge has pelled— (1849 S. G. L. Journal, 1470, the right to receive it, though the 1484). 1530. Credentials of member of extinct Lodge. A brother who was in good standing at the time his Lodge be- came extinct, or was a suspended member for any cause other MEMBERSHIP. 377 than the non-payment of dues, or had been expelled, cannot be admitted to membership in this jurisdiction until he shall pro- cure proper credentials from the jurisdiction to which he form- erly belonged.— 1864 Journal, 487, 536. 1531. Proceeding's in case of member of extinct Lodg-e. A brother having ceased membership in an extinct Lodge pre- vious to the Lodge having surrendered its charter, can be ad- mitted only by placing in the hands of the Grand Secretary an amount equal to one year's dues of such extinct Lodge, and a certificate of worthiness signed by at least three well-known members of the Order. Upon such payment having been made, and such certificate having been placed in the hands of the Grand Secretary, he shall be entitled to receive a certificate, signed by the Grand Master and the Grand Secretary, which shall have the same effect and entitle him to the same privi- leges as an expired Withdrawal Card, issued and signed b)^ the proper officers of a Subordinate Lodge in good standing. — 1865 Journal, 10, 60; 1882 Journal, 734, 844, 879. 1531a. Grand Lodg-e Certificate— Defunct Lodg-e. A Grand Lodge Certificate issued to a member of a defunct Lodge does not have the effect of a Withdrawal Card in date from a Subordinate Lodge. It has only the effect of a Withdrawal Card over a year old.— 1896 S. G. L. Journal, 14683, 14948, 15019. 1532. When elected, committee appointed to examine as to degrees. When a brother is presented for admission to membership by deposit of final card (after notice of his elec- tion), it shall be the duty of the Noble Grand to appoint a committee of three Scarlet-degree members, one of whom shall be the senior Past Grand present; if no Past Grand be present, then the acting Noble Grand shall be one of said committee. They shall examine the api)licant in all of the degrees of a Subordinate Lodge he claims to have attained, and report to the Ivodge. If correct, he shall be introduced by the commit- tee, and sign the Constitution and By-Laws of the Lodge. — 1857 Journal, 266. Note.— The Noble Grand should by card as to his being in possession examine an applicant for membership of the annual traveling password, 378 MEMBERSHIP. and of the degrees he claims to have of the Lodge had not previously ex- received, if the committee to whom amined him therein when visiting his application was referred had not the Lodge— (1853 S. G. 1j. Journal performed that duty, or a committee 2147, 2177). 1533. Lodge has the rig-ht to reject applicant. A Lodge has a right to reject the holder of a Withdrawal Card within date. An applicant for admission by card is subject to the same consideration as an applicant by initiation. The card is prima facie evidence of good character, but not conclusive. There may be other considerations besides character which would influence the members of a Lodge to reject an applicant for membership by card as well as by initiation. — 1876 Journal, 391,474,508. Note — A Lodge is not bound to is made is the appropriate party to receive a card on deposit or to admit judge of the applicant's fitness for the holder thereof to membership, re-admission — (1844 S. G.L. Journal, The Lodge to which the application 678). 1534. Rejected applicant by card may apply again at next meeting*. A candidate who has applied for admis- sion by card, and w^ho has been rejected, can make another application at the next meeting of the Lodge. — 1888 Journal, 1021, 1111, 1130. 1535. The same— Or at same evening* to same Lodge. An applicant for membership by deposit of card having been rejected, may present his application again the same evening and in the same Lodge. — 1889 Journal, 31, 122, 163. 1536. Renewal of application. Application for admis- sion by card may be made at any time, and there is no limit to the number of times in case of rejection. — 1858 Journal, 378. 1537. Grand Secretary should be notified of rejection. The Grand Secretary should be notified of the rejection of a candidate who applies for admission by card. — 1888 Journal. 1021, nil, 1130. 1538. Lodges should be notified of rejection. In case a candidate by deposit of card as an Ancient Odd Fellow is rejected, it is the duty of the Lodge to report it to every Lodge in the county, and to the Grand Secretary. — 1882 Journal, 739, 844, 879. MEMBERSHIP. 379 5. REINSTATEMENT AND READMISSION. 1539. Within one year after suspension for non-pay- ment of dues. Any member suspended from membership for non-payment of dues, may be reinstated in the Lodge from which he was suspended within one year thereafter, by paying the amount of one year's dues, and by receiving a vote of two-thirds of the members present — a motion to that effect having been laid over one week, and said vote shall be by ballot. — Constitu- tion Subordinates, Art. VIII, Sec. 1, Clause 2. 1540. One year after such suspension. After one year after date of suspension, a member suspended for non-payment of dues may be reinstated upon the payment of the fee charged for an initiate of the same age, as provided by the By-Laws, or such lesser sum as may be fixed by the By-Laws of the Lodge to which such application is made; provided, such sum be not less than the amount of one year's dues of said Lodge; and he shall petition the Lodge in writing, to be reinstated, which shall be disposed of, in all respects, as provided for in Article III, Section 1, for petitions for membership by initiation. — Consti- tution Subordinates, Art. VIII, Sec. 1, Clause 2. 1541. When rejected applicant may apply ag^ain, A member who has been suspended for non-payment of dues less than one year, and who, on making application for reinstate- ment, is rejected, may apply again at the next meeting of the Lodge.— 1897 Journal, 809, 1030, 1054. 1542. The one year's dues. The one year's dues referred to in Article VIII, Section 1, Clause 8, Constitution of Subor- dinates, relative to reinstatement of members suspended for non-payment of dues is the one year's dues of the Lodge at the time the brother applies to be reinstated. 1876 Journal, 391, 474, 508. 1543. More than twelve month's dues cannot be demanded, when. A Lodge cannot demand more than twelve month's dues of a brother when he petitions within a year after ceasing memV)ership for reinstatement, after having ceased membership for non-payment of dues, even though his dues 380 MEMBERSHIP. had been allowed to accumulate for a longer period than twelve months before the Noble Grand declared him to have ceased membership. — 1861 Journal, 180. 1544. Fines and Assessments. A brother suspended for non-payment of dues, upon reinstatement must, pay the year's dues required to be paid by members of the Lodge at the time of the application for reinstatement, or such lesser sum as may be fixed by the By-Laws, provided, such sum be not less than the amount of one year's dues. He need not pay in addition to dues, the fines and assessments charged against him during the year previous to his suspension. — 1873 Journal, 870, 892; 1872 Journal, 689. Constitution Subordinates, Art. VIII, Sec. 1, Clause 2. 1545. Fines and assessments when suspension is for a fixed period. When the suspension is for a fixed period of time, although payment of fines and assessments made during such period is not a pre-requisite for reinstatement, yet such assessments stand a charge against the brother when reinstated the same as before the suspension. — 1872 Journal, 689; 1873 Journal, 870, 892. 1546. When fines are imposed after trial, for offenses. All fines imposed under this section shall be paid within thir- teen weeks from the date of their imposition, or the brother shall stand suspended from all the rights and benefits of the Order until such fine is paid; and if he cease to be a member he shall, prior to reinstatement, pay the whole amount of such fines and dues. — Constitution Subordinates, Art. VIII, Sec 6. 1547. After lapse of one year after suspension. When a brother has been suspended for non-payment of dues, and after the lapse of one year he makes application for rein- statement, he must pay the same as an initiate of his own age, or such lesser sum as may be fixed by the By-Laws of the Lodge to which such application is made; provided such sum be not less than a year's dues at the time he seeks to be rein- stated.— 1876 Journal, 391, 474, 508. 1548. When petition for reinstatement necessary. of the Constitution of Subor- MEMBEESHIP. 381 dinates, must be construed in conjunction with Clause 2. An application for reinstatement and a Withdrawal Card under Clause 3 must be in writing, no particular form being neces- sary. If the application be made within one year after sus- pension, it may be granted without petition, it may be granted upon motion laid over one week, and by a two-thirds vote, which vote shall be by ballot; but if made after the expiration of a year from the date of suspension, then it must be made by petition, etc., as indicated in Article III, Section 1, of the Constitution of Subordinates.— 1863 Journal, 434, 438; 1867 Journal, 292, 338, 349; 1883 Journal, 1003, 1150, 1175. 1549. Form of petition. Article VIII, Section I, Con- stitution of Subordinates, providing for reinstatement of a brother who has been suspended over a year for non-payment of dues, does not require the same form as for initiation; it only prescribes the manner of the disposition of the applica- tion, and not the form. — 1863 Journal, 434, 438. 1550. When suspension is for a fixed period. When a suspension is for a fixed and limited period, the disability expires with the expiration of the term, and no announcement or notice is necessary, and the law does not require the Noble Grand to declare in open Lodge the fact of such reinstatement, and does not require notices of such reinstatement to be sent to the Grand Secretary and the Lodges in the county. — 1860 Journal, 51. 1551. The same. Upon the expiration of the term of suspension he is ipso facto restored to membership. His dues accrue during suspension. — 1857 Journal, 250. 1552. Physician's certificate may be required. Where a brother has been suspended for non-payment of dues, the Lodge has the right to require a physician's certificate of him when making application for reinstatement. — 1888 Journal, 1022,1111,1130. 1553. Not necessary to introduce reinstated brother. When a brother has ceased membership for non-payment of dues, and is subsequently reinstated, it is not necessary to 382 MEMBERSHIP. appoint a committee to introduce such brother. The Noble Grand should admit him, and then communicate the semi- annual password. — 1862 Journal, 290. 1554. Not necessary to re-sigri Constitution and By- Laws. It is not necessary to re-sign the Constitution when a person suspended is reinstated. — 1861 Journal, 169; 1862 Journal, 290. 1555. What proceeding's not necessary on reinstate- ment. A brother who has ceased membership for non-pay- ment of dues more than one year, and whose ballot on rein- statement conforms to that of an initiate, should not be required to answer the usual questions, be introduced and re-sign the Constitution, as in case of an Ancient Odd Fellow with a card on readmission. — 1867 Journal, 339, 349. 1556. Payment of less than is due on reinstatement. An error in reinstating a brother by payment of less than is due does not deprive the brother of membership. The balance due can be charged against him on the books. — Chatfin vs. Hope Lodge, 1869 Journal, 64, 76. 1557. Consent of Lodge nearest residence, not neces- sary. A member of a Lodge has been suspended five years for non-payment of dues; during the interval of suspension a new Lodge was established nearer the residence of the suspended brother. Upon the petition of the suspended member to be re- instated in the Lodge which suspended him, the consent of the new Lodge nearest his residence is unnecessary. The provisions of Article II, Section 5, of the Constitution of Subordinates, are not applicable to petitions for reinstatement. — 1873 Journal, 894, 901; 1882 Journal, 739, 844, 879. 1558. Reinstatement within five years and card. A member suspended from membership for non-payment of dues, and who makes application for reinstatement and for a With- drawal Card for the purpose of uniting with another Lodge in this jurisdiction, may be reinstated and granted a final card at any time within five years from the date of suspension, upon the payment of one year's dues and the usual price of a card. — Constitution Subordinates, Art. VIII, Sec. 1, Clause 3. MEMBERSHIP. 383 Note.— But one course is open to a (1852 S. G. L. Journal, 1885, 1948; person to regain admission into the 1855S.G.L. Journal, 2495, 2520); or Order, who has lost connection there- for a dismissal certificate — (1880 S. with by disuse. It is to apply to his G. L. Journal, 8487). former Lodge for reinstatement — 1559. Notice of reinstatement. Notice of all reinstate- ments shall forthwith be forwarded to every Lodge in the county, to the Subordinate Encampment and Rebekah Lodge, of which the brother is a member, and to the Grand Secretary. — Constitution Subordinates, Art. VIII, Sec. 8. 1560. Brother suspended for an offense. A brother j?uspended for any cause may be reinstated on the removal of the cause or the expiration of the term for which he was sus- pended, without action of the Lodge, and the Noble Grand shall declare in open Lodge his being reinstated. — Constitution Subordinates, Art. VIII, Sec. 9. Note. — The moment the term fixed turns to the full enjoyment of his for the duration of the punishment position in the Lodge, without form expires, ipso facto, the member re- — (1849 S. G. L. Journal, 1504, 1513;, 1560a. The same. Upon the expiration of a term of sus- j)ension of a brother, he is ipso facto restored to membership — 1857 Journal, 250. 1561. To reinstate expelled member. An expelled member can be reinstated only after a proposition, reference and election by ballot, as in the case of a newly-proposed mem- ber, permission having first been obtained from the Grand Master, — Constitution Subordinates, Art. VIII, Sec. 9. 1562. Member of expelled or extinct Lodge and expelled and suspended member. This Lodge shall not admit to membership any member of an expelled or extinct Lodge, nor reinstate an exj)elled member of this Lodge, or a member suspended for an offense by this Lodge without per- mission of the Grand Master. — Constitution Subordinates, Art. IX, Sec. 2. 1568. What expelled member must pay. To reinstate an expelled member, he must i)ay the same fee as an initiate of the same age, or such lesser fee as the By-Laws may prescribe. 384 MEMBERSHIP. On taking the degrees, he must pay for the same as any other member. 1878 Journal, 818, 928, 965. 1564. In what Lodge expelled brother should be rein- stated. If a member be expelled from a Lodge and join another Lodge by initiation without first being reinstated, and be expelled the second time, the Lodge to reinstate him is the Lodge wherein he had a legal membership. It is the Lodge from which he was first expelled. — 1872 Journal, 689. 1565. Expelled member reinstated— his rank and degrees. A brother expelled from the Lodge, upon reinstate- ment, should be received exactly the same as if he had never been expelled, and should take rank according to the degrees obtained by him before such expulsion; no reinitiation or reconferring of degrees is permitted. — 1878 Journal, 818,928, 965; 1879 Journal, 32, 107. Note. — An expelled member can- expelling him. Notwithstanding per- not be readmitted to membership by mission so to do is given by the another Lodge in the same jurisdie- Grand Lodge of the Jurisdiction. — tion without the consent of the Lodge 1886 S. G. L. Journal, 10406, 10443. 1566. Expelled member of another jurisdiction. A member expelled in one jurisdiction can not be legally rein- stated in another jurisdiction except by the consent of the Lodge expelling him, and if reinstated, except by consent, is a mem- ber neither of the Lodge expelling, nor of the Order. No Sub- ordinate Lodge can reinstate an expelled member of its own motion. The consent of the Grand Lodge to which the Lodge is Subordinate or of the Grand Master, is absolutely necessary to authorize the restoration. — 1851-1872-1873 S. G. L. Journal, 1175, 1806, 5208, 5919, 5950. 1567. Money on rejection to be returned. When a brother applies for reinstatement after suspension for non-pay- ment of dues, and is rejected, the money paid in by him on his application must be returned to him, although he be indebted to the Lodge in that amount.— 1870 S. G. L. Journal, 4871, 4896. 1568. How expelled member reinstated. When a mem- ber has been expelled from a Lodge for any cause, and the judgment of the Lodge has been sustained on appeal, he can be MEMBERSHIP. 385 reinstated to membership only by action of the Lodge from which he was expelled. There is no provision of law invest- ing the Grand Master or the Grand Lodge with pardoning power. 1889 Journal, 32, 122, 163. 1569. The same. An expelled member of the Order, desiring to be reinstated, should make application in writing to the Lodge from which he was expelled, asking to be reinstated. Upon receipt of such application the Lodge should determine, by a majority vote, if it should ask for a dispensation to act on the application. If the dispensation be granted the Lodge should then vote on the question of reinstatement. It requires a two-thirds vote to reinstate an expelled member. Should the application for reinstatement be refused, and the applicant again apply for reinstatement, another dispensation would have to be obtained before the Lodge could take action thereon. —1889 Journal, 33, 122, 163. 6. NON-BENBPICIAL MEMBERS. 1570. Who may be admitted as such. An Odd Fellow who has been regularly initiated into the Order, and has re- tained membership therein for at least five consecutive years, and who at the time of making application for reinstatement or membership, shall be over fifty years of age, may be admit- ted to membership in this Lodge as a non-beneficial member upon such terms as the By-Laws may prescribe, by presenting a petition as required under Section 1 , Article III, for proposals for membership by initiation, which shall be disposed of ac- cording to said section. — Const'itution Subordinates, Art. II, Sec. 4; 1881 Journal, 500, 601, 627; 1886 Journal, 536,620,646. 1571. Consent necessary. An Odd Fellow cannot be de- creed a non-))eneficial member at the will of his Lodge and without his consent, nor can it cut him off from benefits while paying his dues, unless authorized so to do by law. — 1897 Jour- nal, 1002, 1035. 1572. Bpothep over fifty years of age reinstated bene- ficial member. A brother who has been suspended for non- payment of dues, and who was regularly initiated into the 25 386 MEMBERSHIP. Order and retained his membership for at least five consecutive years, may be reinstated after he is over fifty years of age as a beneficial member. — 1883 Journal, 1004, 1150, 1175. 1573. Age, Section 4, Article II, of the Constitution of Subordinates, does not prohibit a Lodge from admitting, as a beneficial member, an Odd Fellow over fifty years of age. It simply permits a Lodge to receive, as non-beneficial members, those who possess the requirements contained in the said sec- tion and whom the Lodge might not, by reason of ill-health or otherwise, desire to receive as beneficial members. — 1889 Jour- nal, 32, 122, 163. 1574. To change from member to non-beneflcial mem- ber. A member of a Lodge in good standing, over fifty years of age, can change his relation to the Order from that of a ben- eficial to a non-beneficial member, but it must be done by with- drawing from the Lodge and applying for readmission as a non-beneficial member. — 1896 S. G. L. Journal, 14973, 15068. 1575. Ancient Odd Fellows over fifty years of ag-e. A former member of a Lodge, over fifty years of age, holding a Withdrawal Card two years old, and wishing to re-unite as an Ancient Odd Fellow, is eligible to beneficial membership, and the Lodge may admit him as such should it see fit. There is no maximum limit as to the age which would debar him from again becoming a member of the Order. — 1895 Journal, 21, 195, 196, 236. 1576. Rig-hts of non-beneflcial members. Non-beneficial members are entitled to the same rights and privileges as bene- ficial members, except in the matter of benefits. They can vote and hold office.— 1896 Journal, 415, 588, 629. 1577. Qualifications of non-beneficial members. A person who has never been a member of the Order cannot be elected and initiated as a non-beneficial member. Only those who have been members of the Order more than five years and at the time of application are over fifty years of age are so elig- ible.— 1888 Journal, 1020, 1111, 1130. ' MEMBERSHIP. 387 1578. When a non-beneficial member may withdraw and rejoin. An Odd Fellow who joins a Lodge as an Ancient Odd Fellow, and as a non-beneficial member, can withdraw and join another Lodge in full membership, if the other Lodge be willing to accept him in that way. — ;1888 Journal, 1026, 1111, 1130. ' 7. MISCELLANEOUS. 1579. No life membership. A Lodge cannot make a life member of a brother who is unable to pay his dues, and thus entitle him to benefits if sick. Life membership is not recog- nized by the laws of Odd Fellowship.— 1892 Journal, 13, 112, 127. 1580. No honorary membership. A brother in good standing cannot be proposed, and, by motion, be elected an honorary member of a Lodge. Honorary membership is not allowed in Odd Fellowship.— 1897 Journal, 413, 607, 636; 1897 Journal, 808, 994, 1034. 1581. In case of suspension. A suspended brother of the Order is not entitled to the privileges, attentions or benefits of the same, and he should not be reported to the Lodge when sick; and in case of his death while under suspension, the Lodge incurs no new liability on account of his decease — 1856 Journal, 189, 203; 1857 Journal, 249. 1582. In case of illeg-al initiation. Persons who from no fault of their own are illegally initiated, cannot be dis- charged from membership for that reason, but are entitled to iiU the rights enjoyed by other members of similar rank; and the same rule governs the case of an unworthy person who may have been inadvertently admitted. — 1861 Journal, 147; 1888 Journal, 1031, 1121, 1152. NoTK. — An initiation of an un- pelled after proper trial upon charges worthy pemon cannot be declared duly preferred and investigated — null iind void. He can only be ex- (1849 S. G. L. Journal, 1475, 1511). 1583. Illegrally initiated, and guilty of frau^. If a person who has been illegally initiated have been guilty of fraud, his initiation cannot be declared void, as it might be 388 MEMBERSHIP. construed as releasing him from his obligation, which perhaps would also be considered void if the whole initiation were; but in such case he can be expelled therefor after trial. — 1853 S. G, L. Journal, 2146, 2177. 1584. Illeg^al acts of Lodge. A brother should not be deprived of any of his legal rights in consequence of the illegal' acts of his Lodge. — 1864 Journal, 574, 573. 1585. Resignation. A brother in good standing and free and clear on the books may sever his connection with the, Lodge and the Order by a written resignation, without other condition, and without ever having asked for a Withdrawal Card.— 1878 Journal, 817, 928, 965; 1879 Journal, 32, 107; 1897 Journal, 804, 1030, 1054; 1879 Journal, 24, 101, 110. 1586. After Withdrawal Card refused, may resign. Should the Lodge refuse to grant the card, the applicant, on tendering a written resignation of membership, and paying all dues, shall be entitled to receive from the Secretary a certifi- cate, under seal of the Lodge, to that effect, and such certificate shall be sufficient evidence of good standing at the time of such resignation. — Constitution Subordinates, Art. XII, Sec. 1. 1587. When resignation takes effect, A resignation from the Order must be in writing and signed by the brother resigning, and when filed with the Secretary at a regular meet- ing, if clear on the books, his connection with the Order is immediately severed without further action of the Lodge. — 1889- Journal, 33, 122, 163. 1588. Resignation severs connection entirely. A written resignation severs the connection of a brother finally and entirely with the Order, provided he be in good standing in his Lodge at the time of such resignation. When a brother has so separated himself from the Order, he is no longer in any respect subject to its jurisdiction. — 1849 S. G. L. Journal, 1449,. 1440. 1589. Resignation and dismissal certificates. A brother in good standing (that is, paid up), can tender his resignation as a member of the Order, unless charges be preferred against MEMORIAL DAY— MILEAGE. 389 him. He is not entitled to a dismissal certificate in that case. Dismissal certificates can only be issued to members under suspension for non-payment of dues. — 1897 Journal, 808, 1030, 1054. 1590. After resignation may re-apply. In case of resig- nation of a brother from the Order, he may apply again for admission at any time. — 1860 Journal, 64, 73. 1591. Notice of resig'nation. In case of the resignation of a brother from the Order, all Lodges in the district, and the Orand Secretary shall be notified, but his name should not be entered in the black book. — 1860 Journal, 64, 73, 74. 1592. May solicit persons to become applicants. There is no law prohibiting the soliciting of persons to petition Lodges for membership, it is admissible and advisable to present to good citizens the advantages of the I. 0. 0. F. in a proper way, ask consideration and if they be favorably impressed, to request their application for membership. — 1889 S.G. L. Journal, 1 1482, 11728, 11786. 1593. Under charg'es and resig'nation. A member can- not resign from a Lodge while charges are pending against him. —1876 S. G. L. Journal, 7098. MEMORIAL DAY. 1594. The day and its observance. The second Tues- day in June of each year is Memorial Day, and Lodges are re- quested to assemble and engage in appropriate memorial serv- ices respecting their deceased members. It is admissible for several Lodges to hold joint exercises at a selected Lodge-room or suitable hall.— 1889 S. G. L. Journal, 11761, 11794, 11482, 11728, 11786. (See Funds, Section 1262). MILEAGE. 1595. Committee on Mileage a regular committee. There shall be api)ointed at each annual session of the Grand Lodge a regular Committee on Mileage from among the mem- l)ers present. — Constitution Grand Lodge, Art. VI, Sec. 2. 390 MILEAGE. 1596. Committee on Mileag^e and its duties. The Com- mittee on Mileage shall consist of five members, who shall, at each annual session of this Grand Lodge, ascertain what amount will be necessary to pay the mileage of the succeeding annual session, and to provide, in their report, for an assess- ment to be levied on the Subordinate Lodges of this jurisdiction for that purpose. Such assessment shall be levied upon each Subordinate in proportion to the number of its members re- turned in the semi-annual report thereof of December 31st of that year, and shall be on all members not suspended on that date. Said assessment shall be paid by the respective Lodges at the first meeting in January following, to the District Dep- uty Grand Master, or other officer authorized to receive the same, who shall remit it, without delay, to the Grand Secre- tary. — Constitution Grknd Lodge, Art. VI, Sec. 11. 1596a. The Representative Fund. At each annual com- munication of the Grand Lodge, an assessment shall be levied upon each Subordinate Lodge within this jurisdiction, to raise a fund which shall be known as the Representative Fund. Said assessment shall be sufficient to raise such a sum of money as will defray the expenses provided for as follows: One repre- sentative from each Lodge in this jurisdiction, who shall attend the annual communication of the Grand Lodge and shall be present at all sittings of such annual communication, shall be entitled to and shall receive from the funds raised for such pur- pose the actual necessary traveling expenses, both in coming from and returning to his place of residence. — 1867 Journal^ 336, 345; 1868 Journal, 496, 512. 1596b. Excuses for non-attendance— Should remain till session closes. Resolved, That any representative entitled to mileage in attendance at the annual session of this Grand Lodge, who fails to remain until the close of the session, unless he can furnish a written excuse signed by the Grand Master^ shall forfeit his right to said mileage. Sickness of himself or family shall be the only excuse allowed. — 1894 Journal, 767. 1596c. The mileag^e representative. Where a Subordi- nate Lodge has failed to designate a representative who shall be entitled to draw mileage and but one representative shall be MINUTES AND RECORDS. 391 present from such Lodge, the name of such representative shall be entered on the special roll as the representative entitled to mileage in such case. — 1868 Journal, 476. 1596d. Bill of items of actual traveling" expenses required. Representatives to the Grand Lodge who may be entitled to mileage, are required to furnish with tlieir respective certificates a bill of items of their actual traveling expenses, and the Committee on Mileage is authorized to have blanks prepared for the above named purpose. — 1874 Journal, 110. 1596e. Expenses while in attendance not allowed. The representatives to the Grand Lodge shall make their vouchers for only the actual mileage paid by them in coming to and returning home from the Grand Lodge. No expenses while in attendance shall be included. — 1879 Journal, 109. 1597. Mileage allowed from place of actual residence. Representatives to the Grand Lodge who do not reside at the location of the Lodge which they represent, are allowed mileage only from the place of their actual residence; provided, that mileage shall not be allowed or paid to any brother for a longer distance than the distance from his Lodge to the place of meet- ing of the Grand Lodge. — 1878 Journal, 942. 1598. Mileag-e— how computed. The computation of mileage shall be on the most direct route of first-class passage or traveling and at the cost of round-trip tickets or rates, or limited tickets where obtainable, to include sleepers both ways where necessary, and the Grand Secretary is instructed to have blank mileage certificates prepared in a manner to show the amount paid for sleepers, and to call the attention of Secre- taries to this requirement in the printed blank mileiage certifi- cates sent to Lodges.— 1885 Journal, 409, 433; 1894 Journal, 750, 773. MINUTES AND RECORDS. 1599. Rules to be observed in keepingf. The following rules are to be observed by Secretaries of Subordinate Lodges throughout this jurisdiction: 1. The record of every meeting should contain a caption containing date of meeting, name of Lodge, hour and place of meeting. 392 MINUTES AND KECORDS. 2. Names of officers absent. 3. Approval of minutes of last meeting; or if amended, the amendments should here be written out in full on the minutes, and no erasure or alteration should be made of the minutes as written up. 4. All votes and resolutions passed by the Lodge, should be entered in full on the minutes, though the precise state of the vote need not be stated, unless the yeas and nays be taken, when the names of all voting should be entered on the Journal. 5. An abstract or the substance of treasurers' and trustees' reports, and all reports in relation to finances of the Lodge, the annual and semi-annual reports should be noted or an abstract of the same entered on the Journal. 6. An abstract of all communications from the Grand Master and Grand Secretary shall be entered on the minutes, and the originals numbered, and such number entered on the minutes, and the papers kept on file in the order of their num- bers, provided, that the notices of suspensions, expulsions and rejections should be written up in the black book and the fact of their reception entered on the minutes. 7. The reports of all committees, or the substance thereof as the Lodge may order. 8. A brief statement of all the proceedings of the Lodge. 9. Receipts of the week. The above are not stated in the order in which they may come up in the Lodge, but Secretaries will understand that every matter of business will be noted as it arises in the Lodge. —1859 Journal, 508, 509; 1868 Journal, 495, 511. 1600. Duty of Secretary. The Recording Secretary shall keep accurate minutes of Lodge proceedings; endorse and file all papers and documents pertaining to Lodge transactions; number serially and file all communications from the Grand Master or Grand Secretary, and enter an abstract thereof and the number on the minutes. — Constitution Subordinates, Art. VII, Sec. 3. 1601. Minutes should state the facts as they occur. The minutes of the Lodge should state the facts as they occur. MINUTES AND KECOEDS. 393 They should be a truthful history of the proceedings of the Lodge.— Matter of Modoc Lodge, 1896 Journal, 612, 613, 619. 1602. Minutes in case no quorum. It is the duty of the Recording Secretary to enter in the minute book the date of each Lodge night, whether there be a quorum present or not. When there is no quorum present, he should note the names of those present, for in such cases, those who attend should re- ceive credit. The minute book will then show a true state- ment. Thus: Lodge, No , I. O. 0. F. Term, July , 18 . Present, Brothers , , and . No quorum present. , Secretary. 1863 Journal, 365, 410, 421. 1603. What are records. The records of a Lodge consist of all the books, papers, communications, reports, bills, bonds and other papers which come into the possession of the Lodge, and are requisite to preserve authentic and correct evidence of the acts and legislation of the same, and a Lodge must not mutilate any portion thereof. — 1859 Journal, 447, 448, 529. 1604. Proceeding's and testimony in trials are part of records. The minutes of the proceedings and testimony of a trial of a brother upon charges constitute a part of the records of the Lodge, and a brother desiring permission to inspect them should apply to the Lodge. — Barnard vs. Humboldt Lodge, 1876 Journal, 450, 464. 1605. Minutes may be corrected, when and how. When the minutes of a Lodge come up for approval, they may be altered — that is, amended — if found incorrect, by a majority of the members present entitled to vote, and not otherwise. — 1856 Journal, 220. 1606. Cannot be expunged. The regularly adopted pro- ceedings of a Lodge cannot be expunged. — 1856 Journal, 214. 1607. Cannot be erased. A Lodge cannot erase any por- tion of its minutes; they must be a truthful record of its pro- ceedings.— 1880 Journal, 259, 359, 375; 1887 Journal, 768, 875, 888. 394 MONITORY COMMITTEE— MORAL CHARACTER. 1608. No act, vote or resolution should be omitted or erased. In no case should any vote or resolution, actually- passed by the Lodge and ordered on record or file, be omitted or erased from the records, or taken from the file and placed beyond the jurisdiction of the Lodge, however erroneous in spirit or unlawful in import. It may be rescinded or annulled at a future meeting, but the minutes and papers on file in the archives, relating to the act and its correction, should both ap- pear.— 1859 Journal, 447, 448, 529. 1609. Lodg-e should not part with orig-inal records. Lodges have no right to part with any portion of their archives, or subject them to the risk of transportation, except when ex- pressly required or permitted to do so by law. In almost all cases, copies only are called for, and, when this is the case, original papers should not go out of the close custody of the Lodge to which they belong. — Carr vs. North Star Lodge, 1862 Journal, 299, 318. 1610. Minutes as to visitors. Upon each occasion that an elective officer of the Grand Lodge introduces a visitor into the Subordinate Lodge, the Recording Secretary should note the same upon the record. — 1857 Journal, 286. 1611. Appeals, The Recording Secretary should enter all appeals in full upon the record. — 1861 Journal, 196. MONITORY COMMITTEE. 1612. Prohibited. The By-Laws of Subordinate Lodges relating to Monitory Committees are annulled and Subordinate Lodges are prohibited from enacting By-Laws providing for the creation of such committees.— 1868 Journal, 517. MORAL CHARACTER. 1613. Candidates for membership. All candidates for membership are required to be of good moral character. (See Membership). MOTIONS. (See Order, Rules and Questions of). NAME OF SUBORDINATE LODGE— NAME OF THE ORDER. 395 NAME OF PERSON. 1614. Lodge cannot change name of a person. It is not competent for a Lodge, or any jurisdiction of the Order, to change the name of any person. Such power belongs solely to the civil authority.— 1862 Journal, 326,332; 1863 Journal, 386,410. 1615. Change of name upon Lodge records. In case the name of any member of the Order shall at any time appear — upon memorial duly presented by him— not to be his correct name, the Lodge may, upon motion duly made therefor, order such name changed upon the records of the Lodge to his true name; provided, a motion therefor shall be submitted in writing at least two weeks prior to action thereon; and pro- vided further, that two-thirds of the members present at the meeting of the Lodge consent thereto, and the Secretary shall report such action to the Grand Secretary, who shall report the same to all the Lodges in the jurisdiction. — Constitution Subor- dinates, Art. Ill, Sec. 8. (See Offenses). NAME OF SUBORDINATE LODGE. 1616. Certain names cannot be chosen. The practice of allowing members of the Order to choose the name by which their Lodges, respectively, shall be known, is time-honored, and should not be disturbed for slight or trivial causes. The Grand Lodge has the right to refuse to confirm any name which may for any cause be unacceptable. No Lodge or body within this jurisdiction is permitted to name its Lodge after the name of any living person in or out of the Order, or to give such names as Firemen's Lodge, American Lodge, Merchant's Lodge, or Laborers' Lodge. — 1854 Journal, 70. (See Lottery). NAME OF THE ORDER. 1617. Advertisements and business. The use of the name of the Order or its emblems in connection with business or advertisements is prohibited. (See Emblems; Lottery). NEW LODGES. (See Charter). 306 NEWSPAPERS-NEW TRIAL-NUMBER OF LODGE. NEWSPAPERS. 1618. No official organ. No newspaper is the official organ of the 1. 0. 0. F. The Grand Lodge recognizes no official organ during recess, except the Grand Master. — 1889 Journal, 22, 120. 1619. No one authorized to designate an official or- gan. No person shall be authorized to designate any news- paper as the official or other organ of this Grand Lodge. — 1874 Journal, 119. 1620. Publications of reports to Grand Lodge. It is improper for any officer of this Grand Lodge, or any member of the Order in this jurisdiction, to publish or impart for pub- lication any report or extracts therefrom, intended or required to be made to this Grand Lodge, in advance of action thereon by this Grand Body, unless such publication have been specially authorized or directed. — 1872 Journal, 643, 644, 675. 1621. Publications of suspensions and expulsions. The publications of suspensions and expulsions in the public prints is discountenanced by the Grand Lodge. — 1855 Journal, 156. NEW TRIAL. 1622. Lodge may grant. The Subordinate Lodges may grant new trials in cases of charges, and a new investigation in cases of investigations as to benefits, and new trial in case of reversal of judgment on appeal. (See Trials; Benefits; Appeals). NUMBER OF LODGE. 1623. Charters — how numbered. Charters issued from this Grand Lodge shall be numbered consecutively in order of their issuance. — 1864 Journal, 540, 564. 1624. Precedence in number. Lodges take precedence in numbers as they are instituted. — 1854 Journal, 64; 1864 Journal, 540, 564. NURSE AND WATCHERS. 397 NURSE AND WATCHERS. 1624a. No discrimination between members. If the By-Laws provide for nurse hire for a member, the Lodge cannot discriminate between brothers who are at the location of the Lodge, and those absent therefrom, but all members are equally entitled to the same. — Constitution Subordinates, Art. IV, Sec. 10. 1625. When Lodge must pay for nurse. A Lodge must pay for a nurse for one of its members when he is sick and under the care of another Lodge in the same or another jurisdiction, when the brother's Lodge provides in its By-Laws for the pay- ment of a nurse. — 1885 Journal, 383, 419. Note. — Where the By-Laws pro- bers when away from his home. — vide for a nurse for its sick members, a (1892-1894 S. G. L. Journal, 13121, Lodge is liable for moneys expended 13126,14128,14151). for nurse hire for one of its sick raem- 1626. Accident while under influence of liquor. If a Lodge provide for nurse hire, and a brother meet with an ac- cident while under the influence of liquor, he is entitled to such nurse.— 1897 Journal, 844, 994, 1034. 1627. When brother under care of another Lodg-e. If the By-Laws of a Lodge provide for the payment of a nurse, if the sick member be within the jurisdiction of his Lodge, the Lodge must pay if he be under the care of another Lodge. — 1891 Journal, 585, 690, 716. 1628. Nursing is attentive benefits. Where the By- Laws of a Lodge provide for employing nurses for the care of its members when sick, it applies equally to all members of the Lodge, whether entitled to sick benefits or not. Nursing is at- tentive benefits, and every member of th^ Lodge is entitled thereto.— 1889 Journal, 34, 122, 163. 1629. Attentive and pecuniary benefits. "Attentive" and "pecuniary" benefits are two separate and distinct things. "Attentive" benefits apply to visits, watching, nursing and such care as is given a memh>er by other members of a Lodge. "Pe- cuniary" benefits apply to all moneys paid for weekly or fun- eral benefits. "Pecuniary" benefits are due only to members 398 NURSE AND -WATCHERS. who are in good standing and entitled to them, according to the By-Laws of the Lodge, and are- paid to all alike, rich or poor, but only on a vote of the Lodge. The nursing of mem- bers, whether done by other members or by hired nurses, is an ^'attentive" and not a "pecuniary" benefit. "Attentive" bene- fits must be given all members as long as they are members of a Lodge, irrespective of their standing. — 1897 Journal, 806, 1030, 1031, 1054, 1055; 1895 S. G. L. Journal, 14, 248, 14487, 14570. 1630. Where By-Laws authorize Visiting" Committee to hire nurses. A Lodge has the right to make it the duty of its members to watch with sick brothers, or to hire nurses and to pay for their services out of the funds of the Lodge. And where the By-Laws of a Lodge authorize the Visiting Commit- tee to hire nurses for sick brothers, sick brothers temporarily away from home and under the care of a General Relief Com- mittee, are entitled to the services of a nurse when in need of such, and the Relief Committee is legally entitled to be reim- bursed by the Lodge for all moneys so expended. — Santa Cruz Relief Committee vs. Montezuma Lodge, 1882 Journal, 857, 881. 1631. When By-Laws authorize Noble Grand to em- ploy nurse. If the By-Laws of a Subordinate Lodge provide that the Noble Grand shall see that the sick are properly cared for, and that he shall employ a nurse when in his judgment it be deemed necessary, the Noble Grand of another Lodge, in whose care a brother of the first Lodge is, is authorized by law to provide a nurse when in his judgment he may deem it nec- essary, and the bill incurred is a lawful one and should be paid. But the action of the Noble Grand of the second Lodge is binding only till the next meeting of the Lodge. The first Lodge cannot lawfully prohibit the other Lodge from contin- uing to employ a nurse, and is under obligation to pay the nec- essary nurse hire. — 1884 Journal, 168, 167; 1885 Journal, 383, 419. 1632. When nurse hiring* at discretion of Noble Grand or Visiting" Committee. If the By-Laws of a Lodge provide for nurse hire, and leave the engaging of a nurse to the discre- NUBSE AND WATCHERS. 399 tion of the Noble Grand or the Visiting Committee, then the Lodge is bound by their action. — 1897 Journal, 806, 1030, 1054. 1633. Reimbursement for nurse hire. The Lodge hav- ing in charge a sojourning sick brother, may, if its laws so pro- vide, hire a nurse for the care of the brother, but is not entitled to be repaid therefor by the Lodge to which such brother belongs unless the By-Laws of that Lodge, provide for the hiring and payment of nurses for the sick. — 1882 Journal, 812, 859, 882. 1634. The same. Lodge A can be compelled to refund to Lodge B, within this jurisdiction, money paid out for nurse hire in taking care of a member of Lodge A in good standing, when the By-Laws of Lodge A provide for the payment of nurse hire for its sick members; more especially when Lodge A fur- nishes to Lodge B a copy of its By-Laws for its guidance. — 1877 Journal, 682, 699. 1635. Constitution and By-Laws controL Sick benefits, nurse hire and funeral expenses are regulated by the Constitu- tion of Subordinates and by the By-Laws of the Lodge to which the brother belongs. He is of right entitled to receive only so much as the By-Laws of his Lodge allow, and such Lodge can be legally required to reimburse when the brother is under the care of another Lodge. All further aid is voluntarily extended as a charity, in the discretion of the Lodge bestowing it.— 1887 Journal, 846, 885. 1636. Employment of nurses— question for Subordi- nates. The employment and payment of nurses to attend and take care of sick brothers is exclusively within the province of the Lodges, to be exercised without recommendation or man- date from the Grand Lodge.— 1872 Journal, 667, 684. 1637. Sick entitled to watchers till cease membership. A brother when sick is entitled to watchers until he ceases mem- bership. The fact that he is disabled by the By-Laws from receiving benefits makes no difference. — 1856 Journal, 204; 1863 Journal, 440; 1884 Journal, 112, 130. 400 MURSE AND WATCHERS. 1638. Before a member six months. A brother is entitled to watchers before he has been a member six months. — 1884 Journal, 112, 130. 1639. Duty of brother to watch without pay. It is a binding duty, imposed upon the members of the Order by our laws and principles, to watch with a sick brother without com- pensation, when called upon to do so, and without regard to the Lodge to which the sick brother may belong. — 1870 Jour- nal, 268, 293; 1882 Journal, 812, 859, 882. Note— Where a Lodge provides for is altogether apart from the sick " night watchers" for sick members, benefits due under the generator this is to be considered as a form of local law. — 1893 S. G. L. Journal, "attentive benefits, "and any expense 13257, 13641, 13691. incurred in payment of such watchers 1640. Sacred duty to watch. By the laws of our Order it is a sacred duty to watch beside the pillow of a sick brother. This feature of regular administration at the sick bed is one of the most valuable and it is one of the most touching features of Odd Fellowship.— 1861 Journal, 159, 174. Note. — As to the duty of brothers when away from home and out of their own jurisdiction, see Section 2422 of this Digest. 1641. Notice to watch with the sick. Any member of a Lodge is competent to convey a message, or give notice, at the request of the proper authority, to a brother to watch with the sick. — Schlund vs. Mokelumne Lodge, 1863 Journal, 404, 415. 1642. Sojourning" sick brothers and watchers. A Lodge has the power to compel its members to watch with a sojourning sick brother, and has the right to engraft such a clause in its By-Laws. — 1868 Journal, 490, 503. 1643. Brother must not be excused, when. A Lodge can compel a brother to sit up and watch with the sick, who puts in a plea of sickness of himself, and holds a certificate of a physician that it would be an injury to his health to do said duty — yet said brother is able to and does attend to his usual occupation, and is not on the sick list of the Lodge. It may be admitted as injurious to the health of any one to sit up at NURSE AND WATCHERS. 401 night and lose his sleep, but no brother can ask to be excused from this duty on such certificate if the By-Laws of his Lodge require such duty. — 1872 Journal, 689, 690. 1644. Sickness caused by unnecessary exposure. Our laws compel us to furnish watchers for a sick brother, if in good standing, although his sickness were caused by unneces- sary exposure.— 1862 Journal, 292, 338, 349. 1645. When sick cared for by Lodg-e members acting" as watchers. No Lodge or Relief Committee that cares for its members by draft (that is by calling on the members to watch, -etc.), shall be liable for the payment of nurse hire, unless said Lodge or Relief Committee shall have first authorized the pay- ment of the same.- 1897 Journal, 806, 1030, 1054. 1646. Notified to watch with sick brothers and excuse. A brother cannot, after he has been notified by the Visiting Committee to watch with a sick brother, absent himself without procuring a substitute, or without informing the Visiting Com- mittee of his intention to be absent, and then claim to be excused for said neglect under the following By-Law, to-wit: " Any brother neglecting or refusing to watch with the sick or to pro- cure a substitute, when required by the Visiting Committee, shall be fined five dollars, except in case of absence, or sickness of himself or family."— 1870 Journal, 267, 293. 1647. A sick Rebekah and watchers. A Subordinate Lodge cannot compel its members to watch with a sick sister of the Degree of Rebekah.— 1880 Journal, 503, 601, 627. 1648. Where brother is guilty of immoral conduct. Where a brother is stabbed or otherwise injured while intoxica- ted, and the By-Laws of his Lodge are silent upon the subject, the question as to whether he be entitled to watchers is one more of propriety than of law. The dictates of humanity would sug- gest that the unfortunate brother should be properly looked after in his immediate peril, but after that is passed his con- duct should l>e investigated, and if it appear that it was his own immoral and improper conduct that led to the injury, then he is not entitled to any consideration at the hands of his 26 402 OBITUARY TABLET-OCCUPATION. Lodge. The fraternal care and attention provided by our Order for its members in sickness and distress is not designed for those who so far forget their obligations as to bring sickness and distress upon themselves. — 1884 Journal, 14, 116, 153; 1887 Journal, 885. 1649. When payment of nurse hire discretionaL Where the By-Laws of a Lodge provide that nurse hire may be paid from the funds of the Lodge, if the circumstances and conditions of the sufferer require personal care and attention^ and a brother is in arrears for dues when taken sick, and is abundantly able to pay for a nurse, the payment for nurse hire by the Lodge, under its By-Laws, is a matter entirel}^ within its discretion.— 1887 Journal, 768, 898, 904. 1650. Wife not to be paid for nursing husband. It i& illegal for a Lodge to pay a member's wife for nursing him while he is sick.— 1895 S. G.L. Journal, 14574, 14608. (See Relief Committee and Relief). OBITUARY TABLET. 1651. To be in each JournaL An appropriate obituary tablet shall be prepared, to be placed in the Journal, upon which shall be recorded in a fitting manner the decease of such members of this Grand Lodge as shall be announced at each session of this Body. Such record upon the obituary tablet shall be in lieu of resolutions relative to the death of members of this Grand Lodge, excepting Past Grand Masters and elec- tive Grand Officers.— 1862 Journal, 318, 319. OCCUPATION. 1652. Rigfht to choose. So long as a brother conducts himself properly, and brings no disgrace to the Order, we have no right to dictate to him what occupation he should follow ta earn a livelihood.— 1888 Journal, 1023, 1111, 1130. (See Membership and Offenses, as to certain prohibited oc- cupations). 1653. Proposition for membership. The occupation of a person offered for membership must be stated in the proposi- tion. — Constitution Subordinates, Art. Ill, Sec. 1. ' ODD FELLOWS' HALL— ODD FELLOWS' HOME. 403 ODD FELLOWS' HALL. 1654. Used for other purposes and dedication. A hall, used by Odd Fellows, may, if the Lodge so desire, be dedicated to the uses of Odd Fellowship, although used for other pur- poses. The propriety of so doing, where the hall is largely used for other purposes, is a matter of taste merely. — 1878 Journal, 818, 928, 965; 1879 Journal, 32, 107. 1655. Dedication, dispensation unnecessary. It is not requisite for a dispensation to be granted to dedicate an Odd Fellows' Hall.—1877 Journal, 582, 675, 697. (See Funds). ODD FELLOWS' HOME. 1656. Establishment by Grand Lodg-e. The Grand Lodge in 1893 made provisions for the establishment of the Odd Fellows' Home in California, by the enactment among other things of the following resolutions, and the election of Trustees accordingly: 1657. Trustees— Debts, contracts and liabilities. Re- solved^ That a Board of five Trustees be elected by this Grand Lodge, who shall constitute a Board of Management, having full power to regulate its affairs, to make such necessary rules for the Home (subject to the approval of the Grand Lodge) and appoint such persons as officers and assistants as shall be re- quired. That no Trustee shall receive any compensation for his services. But said Board of Management shall not have authority to make or create any debt, contract or liability for, or on behalf of this Grand Lodge; nor shall this Grand Lodge be liable to said Board, or any other person, or to any of its members, for any services, outlays or expenditures. 1658. Terms of Trustees and election— Report to Grand Lodg'e. Resolved, That the Trustees, immediately after being organized, devise ways and means to carry forward this project, to issue circulars, and to solicit such aid as may seem most desirable. That at first one Trustee shall be elected to serve five years, one for four years, one for three years, one for two years and one for one year; and at each subsequent session 404 ODD FELLOWS' HOME. of the Grand Lodge, one Trustee shall be elected to serve for five year°, unless removed by death or resignation, orby the Grand Lodge for cause. * * * * it shall be the duty of the Trustees to report annually to this Grand Body the condi- tion of the Home and property under their charge. 1659. Odd Fellows' Home fund— Secretary, Treasurer. Resolved, That the Grand Secretary of this Grand Body shall Tse Secretary of the said Trustees, and the Grand Treasurer, Treasurer of the same, until otherwise ordered by the Grand Lodge. The property shall be under the control of, and the funds subject to the order of the Trustees, and shall be held :and known as the Odd Fellows' Home Fund of California. — 1893 Journal, 368, 370, 399, 430. Note.— Since the adoption of the the same by making the Trustees foregoing resolutions, the Grand elective officers of the Grand Lodge. Lodge in 1894 amended its Constitn- —(1894 Journal, 734, 766; 1896 Jour- tion by providing that the revenue of nal, 560, 579, 622; Constitution Grand the Grand Lodge shall be raised for Lodge, Art. VIII, Sec. 1, and Art. the support and maintenance of such III, Sec. 1). an institution, and in 1896 amended 1660. Deed of endowment- The Odd Fellows' Home of California was dedicated April 26, 1895, and its deed of endow- ment dated January 26, 1895, is printed in full in Journal of the Grand Lodge of that year. — 1895 Journal, 153, 154. 1661. Trustees thereof are elective officers of the Grand Lodge. The elective officers of the Grand Lodge shall be: 1st. Grand Master. ******* 8th. " Tlie live Trustees of the Odd Fellows' Home, for a term of five years, one of whom shall be elected each year to succeed the Trustee elected under the resolution of the Grand Lodge at the session of May, 1893, as the several terms for which said Trustees were elected shall expire." — Constitution Grand Lodge, Art. Ill, Sec. 1; 1896 Journal, 560. 1662. Claims ag-ainst the Odd Fellows' Home Fund. Claims against the Odd Fellows' Home Fund shall be exam- ined and audited by the Trustees of the Odd Fellows' Home, and be paid by warrant drawn upon said Home Fund by the Pres- ODD FELLOWS' HOME. 405 ident or the Board of Trustees, countersigned by the Grand Secretary. — Constitution Grand Lodge, Art. VI, Sec. 4. 1663. Taxation for its maintenance. The revenue of this Grand Lodge shall be raised for the purpose of defraying the necessary expenses thereof, and the necessary expense of support of aged and indigent Odd Fellows, their wives, widows and orphans, whenever they shall be supported at an Odd Fel- lows' Home, founded and maintained under the auspices, au- thorization or permission of this Grand Lodge, and the expense of furnishing and maintaining such Homes. — Constitution Grand Lodge, Art. VIII, Sec. 1. Note. — State Grand Lodges may deceased Odd Fellows, and have the establish and maintain Homes for legal right and full power to make aged and indigent Odd Fellows and reasonable and necessary assessments widows of deceased members of the upon its Subordinates to provide Order and Homes for the care, pro- and maintain such Homes. — (1894 S- tection and education of orphans of G. L. Journal, 14115, 14151). 1664. Rig-ht and authority of the Grand Master. Be it enacted by the Grand Lodge that the Grand Master shall have the right and authority, at all such times as he may deem expe- dient, to inquire into and examine, or cause to be examined^ the books and accounts of, and all the affairs and matters con- cerning or relative to the Odd Fellows' Home and its manage- ment, and to require from the Board of Trustees of the Odd Fellows Home, or its Superintendent, written information upon any matter or subject relative thereto, and the right to submit such reports and recommendations to the Grand Lodge and to the said Board of Trustees as he may deem appropriate. — 1897 Journal, 1064. 1665. Receipts and expenditures. Resolved, that the Truj^tees of the Odd Fellows' Home be, and they are herebv instructed to submit with each annual report to this Grand Lodge a full and detailed statement for each year of the receipts and expenditures in connection with the management and conduct of the affairs and business of the Home. — 189'J Jour- nal, 1065. 1666. Inmates- sick and funeral benefits and expen- ses and dues and assessments. No brother who shall have 406 ODD FELLOWS' HOME. been admitted to the Odd Fellows' Home as an indigent, shall be entitled to sick or funeral benefits during the time he shall remain an inmate of the Home, but the funeral expenses allowed by the By-Laws of his Lodge, in case of his death and burial by the Home, shall be paid into the Odd Fellows' Home Fund. No brother shall be required to pay Lodge dues or assessments while an inmate of the Home as an indigent. — Constitution Subordinates, Art. IV, Sec. 4. 1667. A brother must consent to g-o to Home. An Odd Fellow cannot be required to go to the Home without his con- sent; but if he do go there, while in the Home his Lodge is relieved from paying him benefits. — 1897 Journal, 1002, 1035. 1668. Sending" brothers to the Home. Should a brother advanced in years become enfeebled from sickness, yet able to get around, and though indigent, but so reduced in physical strength that he considers it would be endangering his health to go to the Odd Fellows' Home, and his physician so advises, there is nothing which would compel him to go if his Lodge desired to place him in the Home, feeling as though the pay- ment of sick benefits to him had become burdensome, and from which they desired to be released. — 1896 Journal, 412,581, 628. 1669. To be admitted, must be free from all eharg-es. No brother is entitled to admission to the Odd Fellows' Home unless he be free from all charges against his name on the Lodge books.— 1897 Journal, 842, 994, 1034. 1670. Dues and assessments— Suspension. A brother in the Home is not required to pay dues and assessments, and therefore cannot be suspended during his stay at the Home, ex- cept for conduct unbecoming an Odd Fellow. — 1897 Journal, 806, 1030, 1054. 1671. Dues and assessments— Password— Good stand- ing^. A brother's dues should all be paid before he is entitled to admission to the Home, and while in the Home no dues are charged up against him. If he leave the Home, his dues be- gin again in his Lodge. He would, therefore, be entitled to the password all the time while at the Home. A brother cannot ODD FELLOWS' HOME. 407 lose his standing while in the Home. — 1897 Journal, 807, 994, 1034. 1672. Form of annual report of Trustees to Grand Lodg^e. (See Form No. 4, of the forms affixed to this Digest, for such report as required by the legislation of the Sovereign Grand Lodge). 1673. Form of annual report of Grand Lodge to Sov- ereig-n Grand Lodge. (See Form No. 3, of the forms affixed tu this Digest, for such report as required by the legislation of Sovereign Grand Lodge). 1674. Rules and regulations for its management. Such rules and regulations were adopted by the Board of Trus- tees of the Home and approved by the Grand Lodge, and are as follows: Preamble. The Odd Fellows' home of California is estab- lished by the Grand Lodge, I. O. 0. F., of the State of Cali- fornia, under resolutions adopted by said Grand Lodge, at its session in 1893 (Journal, pages 370 and 399), under the man- agement of a Board, consisting of five members, known as Trus- tees of the Odd Fellows' Home, "to constitute a Board of Management, with full power to regulate its affairs, to make such necessary rules for the Home (subject to the approval of the Grand Lodge), and to appoint such persons, officers and assistants as shall be required, and to report annually to the (irand Lodge." Rule I. Officers and Committees. The Board of Trus- tees shall annually elect one of its own members as President, and one as Vice President, and may, from time to time, appoint such committees and prescribe their duties, as it shall deem best. The Grand Secretary shall be ex officio Secretary of the Board, and the Grand Treasurer shall be ex officio Treasurer thereof. Rule II. Superintendent and Matron. The Board of Trustees shall have power to appoint a Superintendent and Matron of the Home, to hold during the pleasure of the Board, and to fix their compensation. The Superintendent and Matron 408 ODD FELLOWS' HOME. shall reside at the Home, and have general charge of the prop- erty of the Home, managing and caring for the same, and for the inmates of the Home, under the direction of the Trustees. Rule HI. Duties of President and Vice-President. The President shall preside at all meetings of the Board of Trustees and be the executive officer thereof, and perform such duties as usually pertain to such office, and sign all warrants drawn upon the Treasurer. In the absence of the President, or in case of his inability to act, the Vice-President shall perform the duties which appertain to the office of President. Rule IV. Duties of Secretary. The Secretary shall keep an accurate record of all the proceedings of the Board of Trus- tees, and an accurate account of all receipts and disbursements of moneys belonging to the Odd Fellows' Home Fund, and per- form such other duties as such, as may be required of him b}^ the Board of Trustees, or by the Grand Lodge, pertaining to the business of the Home. Rule V. Duties of Tpeasuper. The Treasurer shall receive from the Secretary and safely keep and faithfully account for, and be responsiVjle on his bond as Grand Treas- urer therefor, all moneys belonging or pertaining to the Odd Fellows' Home Fund, and pay the same out only upon the warrant of the President (or in his absence or inability to serve, of the Vice-President), attested by the Secretary. Rule VI, Funds — Disbursements — Reports — Finance Committee. All funds collected or received for the use of the Odd Fellows' Home of California, whether from subscription^ gift, donation, or from assessment levied by the Grand Lodge, shall be paid over to and a record thereof duly made by the Grand Secretary, and be by him paid over to and deposited with the Grand Treasurer as Treasurer; and such funds shall only be disbursed upon the warrant of the President, (or in case of his absence or inability to serve, of the Vice-President); attested by the Grand Secretary as Secretary. In cases of the payment of fixed salaries which have been established by the Board, or of fixed sums due upon contract already approved and estaVjlished by the Board, warrants may be drawn for the ODD FELLOWS' HOME. 409 amounts so fixed and established, when due and payable, but in all other cases, warrants shall not be drawn except in pay- ment of bills or claims duly presented to and audited and allowed by the Board of Trustees, or to meet appropriations first duly authorized by such Board. At every annual session of the Grand Lodge a full and complete report of all receipts and dis- bursements from the Odd Fellows' Home Fund, with an item- ized statement of account and the vouchers therefor, shall be submitted for the inspection and examination of the Finance Committee of the Grand Lodge, and its report to the Grand Lodge thereon ; together with a general report from the Trustees of the condition and management of the Home and of the prop- erty thereof. Rule Vn. Meeting's— Quorum. Regular monthly meet- ings of the Board shall be held at the office of the Grand Sec- retary, on the Second Monday of each month, at two o'clock p. M., or if that shall be a legal holiday, then upon the next succeeding business day, at two o'clock p. m. (excepting the meetings of April, August and December of each year, which meetings shall be held at the Odd Fellows' Home on the Satur- day preceding the second Monday, at such hour as may be fixed by the President) for the auditing of claims and for such other business as may come before the Board. Special meet- ings may be held at such times or places as may be ordered by the President, or by any two members of the Board. At all meetings of the Board, the presence of at least three members shall be required to constitute a quorum for the transaction of business, and the concurrence of not less than three members shall at all times be reijuired for the approval or adoption of any measure or claim requiring the action of the Board. — As amended by the Board, December 13th, 1897. Rule VIIL Who to be admitted— Conditions of ad- mission. This Home is not founded, and is not to be used as :i hospital for the care of persons temporarily disabled by sick- ness or accident Nor is it designed to take the place of the Lodge in the performance of the duty imposed by the elemen- tary law of the Order, in the matter of caring for the sick, but it is rather to supplement the work of the Lodge, taking up the great work of benevolence and charity where the duty of relief 410 ODD FELLOWS' HOME. and sick benefits ends, by caring for the infirmities of age, coupled with the misfortunes of poverty, and the helplessness of infancy, rather than for the afflictions of disease. It is es- tablished for the care and maintenance of members of the Order who are unable to earn a livelihood by reason of the infirmities of age and the chronic afflictions incident thereto, and are in indigent circumstances, without other means of support; and of the infirm and helpless wives or widows of such, and of the helpless orphans of members of the Order, who are without other and proper provision for their care and education. Such per- sons, upon being admitted to the Home, and to the care and support of the Grand Lodge therein, will be cared for in sickness and in health, while they remain residents thereof, and will be required to relinquish all claims upon their respective Lodges for benefits, as a condition of their admission to and support in the Home. The funeral expenses, however, required by the Constitution, shall be paid to the Home on the death of a mem- ber who is a resident of said Home. Adult males, to be entitled to such admission as of right, must be aged, infirm and indigent, as hereinabove provided; each must be at the time of his admission, and must have been for at least five years before such admission, a member in good standing in some Subordinate Lodge within the jurisdiction of the Grand Lodge of California, or must have been such in some defunct Lodge in said jurisdiction at the time of the surrender of the charter, and must present to the Board of Trustees, or to its authorized Committee on Admission, to be preserved among the records of the Home, a certificate signed by the Noble Grand and Secretary of his Lodge, and under the seal thereof, showing the fact of such membership in good standing, the date of his admission to the Lodge and his rank therein, his age, the fact that he is unable to support himself, by reason of infirmity, and is without other means of support, requesting on behalf of the Lodge that he be admitted to the Home, and certifying that as a condition of his admission, he has relinquished all claim upon the Lodge for benefits while there; and, also, a certificate from some reputable physician showing that he is not afflicted with insanity or acute or contagious diseases, and is not helpless from any chronic disease. In case the applicant be out of member- ship at the time, by reason of the fact that his Lodge is extinct, ODD FELLOWS' HOME. 411 a certificate as to the fact of infirmity and indigency, issued by the Noble Grand and Secretary of some Lodge in this jurisdic- tion having knowledge of those facts, under the seal and by the authority of the Lodge, and a certificate from the Grand Secre- tary, showing the facts as to his membership and age, must be presented and filed with the Board, as aforesaid, with like physician's certificate. Such certificates approved by the Board, or its Admission Committee, shall prima facie entitle the appli- cant to admission to the Home as a non-paying resident there- of, whenever there is room for his accommodation and care; but if at any time thereafter it shall be found that the certifying oflBcers or the Board have been deceived as to the facts, and that the person is not one entitled to the care and maintenance of the Home, or if from any cause he shall cease to be indigent and become able to support himself, or he shall prove himself insubordinate, and persistently violate the reasonable rules of discipline of the Home, he may be dismissed therefrom. Aged, infirm and indigent wives of aged, infirm and indigent Odd Fellows in standing in this jurisdiction, or the aged, in- firm and indigent widows of Odd Fellows, who, at the time of their death, were members of Lodges in this jurisdiction, or aged, infirm and indigent widowed or unmarried sisters of the Degree of Rebekah, may be admitted to the Home upon satis- factory proof of the facts by certificates, as above required, and subject to the same conditions as above prescribed for brothers. Orphans or half orphan children of Odd Fellows, who are, or who at the time of their death were members in good stand- ing in some Lodge in this jurisdiction, such children being under fourteen years of age, and without other suitable home or means of proper care, may be admitted and cared for in the Home at Thermalito, upon such proofs as shall be required by the Board, to be furnished by either Subordinate or Rebekah Lodges, and in the management, education and care of such orphans, the Board of Trustees may accept or call to their aid an Advisory Board, selected from among the sisters of the De- gree of Rebekah, such selection to be made either by the Board of Trustees, or by the State organization of the sisters of the Rebekah Degree. Odd Fellows in good standing in Lodges of other jurisdic- 412 ODD FELLOWS' HOME tions, or the wives or widows of such, resident in the State of California, aged, infirm and indigent, as hereinabove provided, not afflicted with insanity or contagious diseases, whenever and as long as there is room and accommodation therefor without exclusion of those of our own jurisdiction, may be admitted and cared for at the Home upon such terms as may be pre- scribed by the Board of Trustees, and as shall in all cases protect the Home Fund from expense on account thereof. Rule IX. Admission of non-indig-ent Odd Fellows. Aged Odd Fellows, members in good standing in this jurisdic- tion, not indigent, may secure for themselves the right of resi- dence and care at the Home from month to month, for a fixed term or for life. The price to be paid for life membership shall be one thousand dollars; from month to month, or for other fixed term, such sum shall be charged as may be prescribed by the Board of Trustees, and as shall be sufficient to cover all the expenses of such care and maintenance during the time the brother remains at the Home. Rule X. Rules of discipline. Upon the opening of the Home, and at any time thereafter, as experience shall demon- strate the necessity therefor, the Board of Trustees shall pre- scribe and establish such rules of discipline for the government of the officers, servants and inmates of the Home as in the judgment of the Board may be required. Rule XI. Wines and intoxicating* liquors— Intoxication. No wines or intoxicating liquors of any kind shall ever be kept or furnished at the Home, or in or upon any of the buildings or grounds belonging thereto, to be used as a beverage, and none shall be permitted to be so used thereat or thereon. A violation of this rule by inmate or employee shall be sufficient ground of dismissal from the Home. Nor shall any person be permitted to remain at the Home in any capacity who is in the habit of becoming intoxicated elsewhere. Rule XII. Powers and duties of Superintendent. The Superintendent is the chief executive officer at the buildings and grounds of the Home. He shall have power to engage and discharge employees as authorized from time to time by the Board of Trustees, at such salaries as may be authorized, and in case of emergency, requiring extra help, may employ the ODD FELLOWS' HOME. 413 same for the time being, reporting his action in such cases to the Board at the next regular meeting thereof, with his reasons therefor. He must preserve peace and order at the Home, among both employees and residents, and take all necessary- precautions for the preservation of the property under his charge, and the health and cleanliness of all persons residing therein. He must admit to the Home as residents all persons whose applications have been submitted to and approved by the Board. He shall at each regular meeting of the Board report the names of all persons who have been admitted as residents since the last preceding report, with age, rank, and the name and number of the Lodge to which such resident belongs, or on whose application he is admitted. If from information subse- (juently acquired, or from any cause, he shall conclude that any person admitted as a resident of the Home is not entitled to be or remain there, he shall report the facts and circum- stances leading to such conclusion to the Board Jor investiga- tion and determination, and if at any time during the interim between sessions of the Board of Trustees, by reason of drunk- enness, or of violent or quarrelsome deportment, persistent vul- gar, obscene conduct, or vulgar, profane or abusive language on the part of any resident, seriously affecting the peace and har- mony of the Home, he shall have power, in his discretion, to suspend or dismiss the delinquent resident from the privileges of the Home, reporting his proceedings in regard thereto, and his reasons therefor, to the Board at its next meeting, and in the meantime the resident so suspended or dismissed must leave the Home. In case of an outbreak of contagious disease, he shall have power and it shall be his duty to take such measures for the protection of others from exposure thereto, and for the proper care of the diseased one, as in his judgment shall be necessary, and as the circumstances of the case may require, acting under the advice of. the physician in that regard. In case of a violent and dangerous insanity, or of crime under the laws of the State, he shall have power and it shall be his duty to take such proceedings thereon, under the laws of tho Stato, a« he shall deem necessary and proper. 414 ODD FELLOWS' HOME. In case of the death and burial at the Home of a brother entitled to be buried with the honors of the Order, and other provision is not made therefor, he shall conduct the funeral, or cause the same to be done by some other qualified brother, ac- cording to the funeral ceremony of the Order, and cause the re- mains to be buried with proper ceremony, in the cemetery of the Home, and keep such record of all burials made from the Home as will enable proper identification of each grave when- ever it may be desired; and he shall take charge of and safely keep, subject to the claim of whomsoever may be lawfully enti- tled thereto, all the personal effects of such deceased brother, keeping an inventory thereof. Rule Xni. Duties of Matron. The Matron shall be the female head of the family at the Home, and perform the duties pertaining to that position, and shall be the assistant of the Superintendent in the care and management of the Home. — 1895 Journal, 192, 232; 1896 Journal, 609, 610, 611, 636. 1675. Duties of physician of Odd Fellows' Home. The Board of Trustees have adopted the following: Resolved, That the resident physician shall have charge of and be responsible for the hygienic and sanitary condition of the buildings and farm of "the Home." He shall be charged with the care of the sick and disabled; have charge of all nurses, with power to dismiss for neglect of duty or incompe- tency, in cases of emergency; but when the Superintendent is at the Home, such cases shall be reported to him, and with him, or the Trustees shall finally rest the power of dismissal. The physician shall make daily inspection of each room occu- pied by a resident, also water closets, bath-rooms, cellar, store- rooms, kitchen, etc., and report to the Superintendent or Matron (as the case may. require) any neglect of duty on the part of those charged with the care of any part or department of "the Home." He shall present monthly reports to the Board of Trustees, showing. the number of cases treated, the sex of the patient, and the cause and duration of illness. He shall, upon the arrival of an applicant for residence at the Home, make a careful and thorough examination into the physical ODD FELLOWS' HOME. 415 and mental condition of said applicant, and report same to the Board of Trustees. 1676. Certificate or application for admission to the Home. The Board of Trustees have prescribed a form of such certificate or application, to be signed by the Noble Grand of a Lodge, and attested by the seal and signed by the Secretary, and subscribed by the applicant. (See Form No. 26 of the forms affixed to this Digest). 1677. Medical certificate. The Board of Trustees has prescribed a form of medical certificate in regard to an appli- cant for admission to the "Home," to be signed by a physician and attested by the seal and signatures of the Noble Grand and Vice-Grand of a Lodge. (See Form No. 27 of the forms affixed to this Digest). 1678. Certificate of life membership. (See Form No. 29 of the forms affixed to this Digest). 1679. Rules of discipline for its g^overnment. The Board of Trustees of the Home have established such rules, and they are as follows: Rule 1. Wines and intoxicating liquors. Every resi- dent and employee is required to carefully observe and conform to Rule XI of the Rules and Regulations prescribed by the Grand Lodge for the government of this Home, subject to the penalty therein prescribed. Said Rule reads as follows: INTOXICATING LIQUORS. " RuLK XI. No wines or intoxicating liquors of any kind shall ever be kept or fnrnished at the Home, or in or upon any of the buildings or grounds belonging thereto, to be used as a beverage, and none shall be permitted to be so used thereat or thereon. A violation of this rule by inmate or employee ehall be sufficient ground of dismissal from the Home. Nor shall any person be permitted to remain at the Home in any capacity who is in the habit of becoming intoxicated elsewhere." < Rule 2. Liquors— Penalty. Any violation of Rule 1 , as above provided, will subject the offender to reprimand by the Superintendent, Resident Director or President, and repeated violation of the rule shall subject the offender to dismissal from the Home. 416 ODD FELLOWS' HOME. Rule 3. Giving or furnishing^ liquors. No visitor at the Home shall give or furnish to any resident or employee any alcoholic liquor, wine or beer. Any resident or employee hav- ing knowledge of a violation of this rule shall inform the Superintendent thereof, and the offender shall thereafter be denied the privilege of visiting the Home, and if a member of the Order, his offence shall be reported to the Lodge to which he belongs. Rule 4. Cooking-. No cooking shall be allowed in any of the rooms of the Home, except the kitchen; and special cooking at the request of residents or employees will not be allowed ex- cept upon notification to and consent of the Superintendent or Matron, or the Hospital Steward. Rule 5. Keeping" rooms clean, etc. Each resident, if able, will be required to care for his or her own room, keeping it clean and in order at all times; and certified residents (being those who do not hold Life Membership), who are able to do more, are expected and required to contribute towards keeping down the expenses of the Home by assisting in other work about the premises according to their ability, under the direction of the Superintendent or Matron. Rule 6. Meals. Every person who is able to go to the dining-room is required to be prompt in attendance at meals. The hours for meals shall be determined by the Superintendent. Rule 7. Dining'-room. No meals shall be served else- where than in the dining-room, except to those who are unable by reason of sickness, or other good cause, to attend at regular meals. Rule 8. Lig^htS — Noise. Except when otherwise required by sickness no lights will be allowed in any lodging-room after the occupants thereof have retired for the night, and all lights in lodging-rooms, and other unnecessary lights, must be turned off at seasonable hours, the same to be regulated by the Superin- tendent, from time to time, according to season, after which no loud or boisterous talking, laughing, or other disturbing noises shall be permitted. ODD FELLOWS' HOME. 417 Rule 9. Absence from the Home or meals. To the end that they may at all times be properly cared for, residents at the Home are requested not to leave the immediate vicinity of the Home without notice to the Superintendent or Matron, and no certified resident must leave the Home, to be absent any meal, without the previous consent of one of those officers. Such consent shall not be given a second time to one who returns under the influence of liquor. Certified residents desiring to be absent from the Home over night, or for a longer period, must procure from the Superintendent or Matron a written or printed leave of absence, showing consent, the name of the person to whom issued, with the name and number of his Lodge, and that he is a resident of the Home. Such leave shall not be issued, unless in the opinion of the officer granting the same the appli- cant therefor be in both physical and mental condition render- ing it safe for him to travel alone, or his departure be taken in care of a relative, or a representative of his Lodge. Residents holding Life Memberships are at liberty to depart and return at pleasure, but the Superintendent or Matron should be advised of the party's intention in that regard, and they like all others must conform to the Rules of the Home in other respects. Rule 10. Baths. Every resident is required to take a bath at least once a week, and all residents and employees are re- quired to so conduct themselves as to keep the Home and its surroundings in a neat, clean and healthy condition. Rule 11. Physician, medicine and nurse. A skilled physician, hospital steward, medical dispensary and nurses as required, are provided for the care of the health of the residents at the Home, without expense to them. Residents are warned against the use of drugs or patent medicines, except when pre- scribed, but when medicines are required, they are expected and required to use them as directed by the physician. Rule 12. Proper conduct. Every resident and employee i^s required to treat every other with respect, courtesy and kind- ness, and to be guilty of no act which will disturb the peace and harmony of the Home. Violations of this rule should be re- IX)rted at once to the Superintendent, whose duty it is to enforce this and all other rules of the Home. 27 418 OFFENSES. Rule 13. Violation of rules and insubordination. Res- idents and employees should remember that the penalty pre- scribed by the Grand Lodge for insubordination, or persistent violation of the reasonable rules of discipline of the Home, is dismissal therefrom. In cases of emergency, affecting the im- mediate welfare or peace of the Home, the Superintendent is authorized to exercise this power, and in all cases of repeated violation of the rules, or of any of them, he is required to report to the Board of Trustees for its action thereon. ( See Orphans' Home. ) OFFENSES. 1. What are not offenses, page 418. 2. What are offenses, page 420. 1. WHAT ARE NOT OFFENSES. 1680. Collection of debts and private contracts. Our laws are not intended to be invoked for the collection of debts or for the punishment of offenses not of themselves clearly un- becoming an Odd Fellow. It is improper to make the Lodge the tribunal to enforce private contracts where no actual fraud appears; ordinary transactions where the courts afford a remedy and where the good name of the Order is not specially affected, and where public or private morals are not clearly violated, should not be brought inside of the Lodge-room for adjudica- tion. — Levey vs. Magnolia Lodge, 1871 Journal, 403, 404, 429. 1681. Promises to pay pecuniary obligations. Mem- bers of the Order should not be held amenable to its penalties for a failure to comply with promises to pay pecuniary obliga- tions. All grievances of this character are properly referable to the courts of competent jurisdiction for a full and complete remedy. An attempt to collect debts or to enforce any kind of pecuniary obligations through the instrumentality of our code of trials, is subversive of justice and against the spirit and teachings of our Order, unless the obligation was incurred through some false pretence, or the transaction involved some act of personal dishonesty. — 1879 S. G. L. Journal, 8076, 8174. t OFFENSES. 419 1682. The mere owing* of a debt no offense. The mere fact that a brother owes debts and has not paid them, or will not work for the creditor, so that what he earns may be applied to the satisfaction of the debt, do not constitute an offense. In matters of this nature, unconnected with any fraudulent, immoral or wrongful conduct, charges should not be preferred. — Cosgrove vs. Petaluma Lodge, 1877 Journal, 658, 666; Weill vs. Elmira Lodge, 1878 Journal, 888, 913. 1683. Pecuniary oblig-ations without false pretences or fraudulent acts. Pecuniary obligations without false pre- tence or fraudulent acts, arising merely out of a brother's inability to pay his debts, are not the subject of charges and trials in our Order. — Hankerson vs. Santa Lucia Lodge, 1891 Journal, 665, 674. 1684. Private business matters. No person on being •admitted to membership in this Order, thereby loses any rights he had in possession as a citizen. His right to protection by the civil authorities is not impaired by becoming an Odd Fel- low; the laws of the land and the courts which administer them are the surest and most proper means by which justice can be obtained. Such questions of difference should not be attempt- ed to be adjudicated by any authorities within the Order. — 1860 S. G. L. Journal, 3252, 3267. 1685. Paying" a debt in legral tender notes. The pay- ment of a debt by an Odd Fellow to another in treasury notes is not an offense by our laws when the laws of our country re- ■cognize such payment as valid, unless there be a contract to pay in other money. Nothing in this decision shall be construed to mean that the Grand Lodge recognizes the right of any brother to violate his promise to a brother Odd Fellow, whether it be in writing or otherwise. — Smith vs. Pilot Peak Lodge, 1864 Jour- nal, 549, 550. 1686. Exercise of a legal right. A persistent exercise of a legal right cannot be construed as conduct unbecoming an Odd Fellow. Thus, where the right is denied to the Noble Orand or the Lodge to compel a brother to receive the password, the refusal of the brother to receive the password is not an 420 OFFENSES. offense, as there is no legal obligation requiring him to receive it.— 1876 Journal, 392, 474, 508. 1687. Sick benefits and fraudulent intent. A brother charged with accepting sick benefits, and also with claiming sick benefits, from the Lodge when not entitled thereto, must have acted with some dishonest motive or fraudulent intent, or have committed some wrongful act, in order to be guilty of an offense rendering him amenable to charges. — Kaufman vs. Ger- mania Lodge, 1876 Journal, 472, 502; Hazen vs. Branciforte Lodge, 1887 Journal, 909, 910. 1688. Benefits and bad faith. To constitute an offense,, the claim for benefits must be made in bad faith, the claimant knowing himself not to be so entitled and seeking to impose on the Lodge.— 1887 Journal, 910, 909. 1689. No law compelling brother to divulge name of offender. There is no specific law by which a member of the Order can be compelled to divulge the name of a brother whom he knows to have committed an offense against or to have violated the laws of the Order. — 1881 Journal, 500, 601, 627- 2. WHAT ARE OFFENSES. 1690. Offenses. Any member who shall be guilty of any immoral, dishonest, fraudulent or criminal act, or who shall violate any of the principles of the Order, or be guilty of con- duct unbecoming an Odd Fellow, or offend against the Consti- tution, By-Laws or Rules of Order of the Lodge, shall be fined,, reprimanded, suspended or expelled as the Constitution or By- Laws of the Lodge direct, or in absence of such direction as the Lodge may determine. — Constitution Subordinates, Art. VIII, Sec. 2. 1691. Gaining admission by false representations. If any person shall gain admittance to any Lodge upon a petition containing any false representations, he shall be expelled. — Constitution Subordinates, Art. Ill, Sec. 7. 1692. Brother unworthy at time of initiation. Charges can be preferred against a brother who was unworthy at the time OFFENSES. 421 of his initiation, and he may be tried and expelled. — 1858 Journal, 383. 1693. Offense in Encampment. A brother committing an offense in another branch of the Order may be liable to penalty in the Lodge, although an act may be single the offense may be several; but the place wh^re the offense is committed must generally be immaterial. — 1860 Journal, 27. 1694. Crime against laws of the land. A brother who commits a crime against the laws of the country can be tried for conduct unbecoming an Odd Fellow, without regard to his prosecution by the people, and is presumed to be innocent until proven guilty, and therefore does not lose his standing in the Lodge until convicted.— 1877 Journal, 582, 678, 702. 1695. Gaining" admission by wrong* name. Fraudu- lently gaining membership in the Lodge by assuming an alias name, thereby misleading the Investigating Committee and mem- bers from learning the reputation and character of the person. — Abou Ben Adhem Lodge vs. Mayhew, 1869 Journal, 101, 115. 1696. Embezzlement ^f Lodg^e funds. It is an offense for a Financial Secretary to convert Lodge funds to his own use. If the Lodge owe an officer, he has no right to pay him- self out of the Lodge funds without action of the Lodge. — Ken- nedy m Wood, 1873 Journal, 843, 855. 1697. Drunkenness is a gross offense. The offense of drunkenness is a gross one against the laws of our Order and its ritual, and one that affects the good name not only of the offender, but of all who are associated with him. — 1859 Journal, 487, 495; 1869 Journal, 67, 78; 1871 Journal, 428, 440; Sacra- mento Lodge rs. Gilday, 1871 Journal, 458, 470; 1874 Journal, 80, 84; 1876 Journal, 450, 464; Rogers vs. Fresno Lodge, 1877 Journal, 648, 665; Mann rs. Branciforte Lodge, 1878 Journal, 884,913; Smith rs. Stony Creek Lodge, 1887 Journal, 838, 853. 1698. Habitual drunkenness or a sing^le instance. A single instance of drunkenness is disgraceful to a brother and to the Order. — Sharpies vs. Industrial Lodge, 1877 Journal, ^)o0, 665. Drunkenness whether habitual or in a single instance 422 OFFENSES. is an offense in Odd Fellowship as the Grand Lodge has fre- quently declared. Shiels vs. St. Helena Lodge, 1888 Journal^ 99, 107. 1699. Penalty for drunkenness. The offense of drunken- ness is an offense in Odd Fellowship which justifies and gene- rally merits expulsion; yet the penalty appertains to the discre- tion of the Lodge. — Barnard vs. Humboldt Lodge, 1876 Jour- nal, 449, 464; Rogers vs. Fresno Lodge, 1877 Journal, 649, 665; Mann vs. Branciforte Lodge, 1878 Journal, 884, 913; Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. 1700. Murder. Thou shalt not commit murder is the command of Odd Fellowship. — Billings vs. Eureka Lodge, 1891 Journal, 695, 697, 723. 1701. Perjury. Perjury is clearly conduct unbecoming an Odd Fellow and is an offense. Applied to a case of perjury^ in the verification of an answer in a civil action. We have no legislation prohibiting a Lodge from entertaining the charge till the accused is tried and convicted of the crime by a legal tribunal. — Maulbatch vs. Pajaro Lodge, 1877 Journal, 659, 666. 1702. Improper conduct in Lodge. All members of the Order are in duty bound, while in the Lodge, to be governed by the well-known usages of the Order, and in case of refusal, it i& proper to prefer charges against them for conduct unbecoming an Odd Fellow. No member can claim indulgence, on account of his official position in the Order. — 1868 S. G. L. Journal, 4241, 4374, 4404, 4414, 4430. 1703. Holder of Visiting Card borrowing" Lodge funds and offense. A member of the Order in good standing, evi- denced by holding an unexpired Visiting Card, issued in con- formity with the laws of the Order by his Lodge or Encamp- ment, and having the annual traveling password, being in distress, or pretending so to be, and needing money, and who, having asked for and received from a Lodge or Encampment, or a member thereof, a sum of money under the assurance or promise that he will return or repay the same within a given time, or so soon as he returns home, but who shall neglect to [ OFFENSES. 423 do so after a reasonable time thereafter, without a satisfactory excuse being rendered, shall be deemed guilty of conduct un- becoming an Odd Fellow. Due notice of such facts having been officially communicated to his Lodge by the Lodge or En- campment so loaning him the money, it shall be the duty of his Lodge to notify him of such indebtedness or loan, and to demand payment thereof, and if he then refuse or neglect to pay the same, his Lodge shall prefer charges against him, try him, and, if found guilty and without sufficiently mitigating circumstances, expel him from the Order. If there be such mitigating circumstances, the Lodge shall impose such penalty as it may deem best. — 1874 S. G. L. Journal, 6310; 1875 Jour- nal, 338. 1704. Urg-ing" litig-ation ag-ainst a brother. The urging of litigation against a brother; stirring up a suit against him on the ground of dishonesty, esj^ecially when no such ground exists; preventing, for the sake of personal gain, a compromise that would be greatly to the advantage of a brother, are gross violations of the laws of Odd Fellowship. — San Juan Lodge vs. Moore, 1859 Journal, 489, 495. 1705. Suspended member refusing" to retire. It is an offense for a suspended member to refuse, at the hour for open- ing the Lodge at the regular meeting night, to retire from the Lodge-room when requested by the Noble Grand. — Bay View Lodge rs. Turner, 1870 Journal, 256, 282. 1706. Owing" money to Lodg-e, insolvency and statute of limitations. An Odd Fellow who borrows money from his Lodge is not morally excused from paying the same on account of the statute of limitations, or on account of the lapse of time however long it may be. One who seeks that advantage, or who, while owing money to his Lodge, accepts pecuniary assistance upon condition that he shall not fulfill his moral and pecuniary obligations thereto, is guilty of an offense deserving expulsion. Applied to a case where a brother after his insol- vency was assisted in his business by persons who exacted a promise from him, that he would not renew any of his old ob- ligations, and on that account refusing to take any steps to pay 424 OFFENSES. or in effect promise to pay in the future. — Sutter Creek Lodge vs. Fifield, 1870 Journal, 261, 292. 1707. Expelled member initiated under different name. Where a person, after conviction on charges, is expelled and afterwards, under a different name is initiated into another Lodge of this jurisdiction and takes his Withdrawal Card and joins another Lodge, and is Sitting Past Grand therein, he commits an offense against Odd Fellowship. Such expelled person cannot be legally initiated; charges should be preferred and he should, after trial, be expelled. — 1871 Journal, 451, 452, 473. 1708. False statement by Noble Grand. A Noble Grand making a false statement to the Lodge that was intend- ed to mislead the Lodge. — Balch vs. Occidental Lodge, 1878 Journal, 894, 935. 1709. Bartender or saloon-keeper. If a member of the Order commence to attend bar or conduct a saloon, either temporarily or permanently, after September 18th, 1895, he is amenable to the laws of the Order, and liable to charges and trial. The Lodge may impose, as penalty, expulsion, suspen- sion, fine or reprimand, or both fine and reprimand. The Grand Lodge has recommended expulsion. — Davisson vs. Sui- sun Lodge, 1897 Journal, 954, 977. 1710. Abandons liquor business and afterwards en- gag'es in it. . If a brother who was heretofore engaged in the liquor business, should, after September 18th, 1895, cease said business, and not engage therein for a period of time, but there- after engages in the saloon business, or attends bar, or if in fact he were out of the business at the time the law was adopted, and thereafter takes it up again, he is amenable to the laws of the Order, and guilty of conduct unbecoming an Odd Fellow. —1896 Journal, 414, 581, 628. 1711. Lodg'e funds. After committing a wrong, a tender of the money does not condone the offense or stay prosecution. The funds of Odd Fellowship constitute a sacred trust devoted to the charitable and beneficent purposes of the fraternity. He OFFENSES. , 425 who converts them to his own use, or keeps or detains them in violation of his duty or of his trust, or obtains them from Lodges by false pretenses, or lays immoral or criminal hands on such funds, is guilty of a violation of the pure principles of Odd Fellowship, and of an offense in Odd Fellowship. — Knowles rs. Enterprise Lodge, 1897 Journal, 955, 977. 1712. Accidentally op improperly obtaining* password and using it. An}' member who, accidentally or surrepti- tiously, comes into possession of a password, when not entitled to the same, because in arrears, or of any part of the secret work of the Order, and uses it to his own advantage, or other- wise violates his obligations, is guilty of conduct unbecoming an Odd Fellow.— 1895 Journal, 21, 237, 251. 1713. Other OfTenses. The Grand Lodge has declared the following to be offenses: (1.) Maliciously and with intent to injure a brother in his business, procuring a third person to sue the brother and attach his property and thereby causing him to pay the expen- ses of such unnecessary proceedings. — Balducci rs. Gilroy Lodge. 1879 Journal, 76, 99. (2.) Vulgar, indecent and insulting language to a brother —Balducci r-s. Gilroy Lodge, 1879 Journal, 76, 99. (3.) Any indecent conduct toward the wife of a brother is an offense. — Millard vs. Mountain View Lodge, 1879 Journal, 76, 77, 99. (4.) Solicitation of adultery made to the wife of a brother is an offense.— 1879 Journal, 76, 77, 99. (5.) Offensive, insulting and obscene or 'defamatory lan- guage of, and concerning a brother, may constitute an offense in Odd Fellowship, although the brother may not be present when the same is uttered. — Weller V8. Soquel Lodge, No. 137, 1892 Journal, 69, 90. (6.) Where a brother obtained funeral benefits by causing a letter and certificate of his death to be sent to his Lodge, and years afterwards, the Lodge ascertained that the brother was alive, he has thereby committed fraud and forgery, he is still a 426 OFFENSES. member of the Lodge and charges should be preferred and he should be tried and expelled.— 1894 Journal, 606, 607, 732, 771. (7.) Assault and battery on the person of a brother. — 1871 Journal, 406, 439. (8.) An assault with a deadly weapon on a public street. — California Lodge vs. Beck, 1866 Journal, 191, 210. (9.) Brutally beating and bruising one's son, or kicking one's son in such a manner as to endanger his life. — Castle vs, Oso Lodge, 1873 Journal, 864, 887. (10.) Attempting by threats and intimidation, to prevent a brother from prosecuting charges which he has filed in the Lodge. California Lodge vs. Beck, 1866 Journal, 192, 210. (11.) Appropriating admission fee. — Mt. Davidson Lodge vs. Bodwell, 1865 Journal, 35, 41. (12.) Abuse of wife and children. — Sacramento Lodge vs. Gilday, 1871 Journal, 458, 470; Bidwell Lodge vs. Price, 1873 Journal, 856, 864. (13.) Acting as second in a duel. — 1856 Journal, 208. (14.) Calling a brother a thief and liar in public in an angry manner. — In re Bagnell, 1870 Journal, 228, 280. (15.) Calling a brother a liar in open Lodge. — California Lodge vs. Livingston, 1870 Journal, 257, 291, 292. (16.) Causing the wife of another to leave her husband under promise of receiving her in one's house and marrying her, and by means of these promises inducing her (to use the words of the charge) "to leave the ways of a virtuous woman.'^ — Conrad vs. Orpheus Lodge, 1878 Journal, 895, 935. (17.) Calling a brother profane and vulgar names. — Cove- nant Lodge vs. Maus, 1871 Journal, 406, 439. (18.) Defaming the character of a brother's wife. — Lansdon vs. Annally Ijodge, 1860 Journal, 43, 44. (19.) Desertion and abuse of family. — El Dorado Lodge vs. Mucke, 1866 Journal, 170, 174; Castle vs. Oso Lodge, 1873 Journal, 864, 887. (20.) Disorderly conduct on the streets, and fighting and OFFENSES. 427 profane language. — Barnard vs. Humboldt Lodge, 1876 Jour- nal, 450, 464. (21.) Defrauding the widow of a brother. — Vacaville Lodge vs. Eversole, 1871 Journal, 433, 470. (22.) Embezzlement of money of cemetery association by superintendent. — Bay View Lodge vs. Turner, 1869 Journal, 66, 78. (23.) Feigning sick, and attempting thereby to obtain sick benefits. — California Lodge vs. Livingston, 1870 Journal, 257, 291, 292. (24.) Fraud and fraudulently obtaining goods by false representation. — Bay City Lodge vs. Ephraim, 1861 Journal, 154, 166. (25.) A teller fraudulently misreading the ballots to secure the election of a brother. — Yerba Buena Lodge vs. Collins, 1869 Journal, 94, 116, 123. (26.) Failing to serve as a watcher with a sick brother, having been duly notified so to do. — Yerba Buena Lodge vs. Fonda, 1866 Journal, 169, 174. (27.) Indecent behavior, and indecent and vulgar language under intoxication, on a public street and in the presence and hearing of respectable ladies and others. — Toman vs. Tuolumne Lodge, 1870 Journal, 227, 251. (28.) Insulting language towards brothers of the Order, and contemptuous language in open Lodge. — Rattenberry vs. Capitol Lodge, 1870 Journal, 261, 292. (29.) An insolvent, with fraudulent intent, purchasing goods with intent to have them attached for his own personal benefit. — Spiegal vs. Bay City Lodge, 1863 Journal, 402, 414. (30.) Injuring a brother in his business, and deceiving him. — Humphrey vs. San Andreas Lodge, 1858 Journal, 356. (31.) Language in open Lodge attacking the character of a brother. — Brooklyn Lodge vs. Burgess, 1857 Journal, 246, 247; Brooklyn Lodge vs. Henderson, 1868 Journal, 477, 501, 502. (32.) Publication of a libel on a brother. — Powers vs. Sui- sun Lodge, 1867 Journal, 331, 349. 428 OFFENSES. (33.) Seduction.— San Francisco Lodge vs. Neuval, 1871 Journal, 405, 439. (34.) Self-confessed libertine.— 1871 Journal, 405, 439. (35.) Slander of a brother in wantonly charging him with dishonesty.-— Red Bluff Lodge vs. Porter, 1860 Journal, 33, 34. (36.) Slander in charging a brother with perjury. — Forest City Lodge vs. Gould, 1861 Journal, 153, 166. [ (37.) Slander of a brother. — Price vs. Magnolia Lodge, 1863 Journal, 400, 414. (38.) Slandering and uttering falsehoods about a brother, by falsely reporting that he had informed a rejected candidate that a certain brother had cast a black ball. — Goodale vs. Hav- ilah Lodge, 1870 Journal, 226, 250. (39.) Vilifying a brother and speaking disrespectfully and harshly of one's Lodge, both to members and persons not mem- bers of the Order. — Ukiah Lodge vs. Morse, 1872 Journal, 562, 653. (40.) Calling a brother a swindler in the presence of others. —Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. (41.) Revealing to a person not a member the transactions of a Lodge. — Ukiah Lodge vs. Morse, 1872 Journal, 562, 653. (42.) Wilfully neglecting to sit up with the corpse of a brother during the night, after being notified to do so by the Noble Grand of his Lodge, or to furnish a substitute to perform said duty. — Napa Lodge vs. Israelsky, 1871 Journal, 427, 440. (43.) Wilful, deliberate falsehoods, to deceive a Lodge. — California Lodge vs. Livingston, 1870 Journal, 257, 291, 292. (44.) Writing or copying the charge in Degree of Rebekah. —1870 Journal, 279, 280, 296. (45.) Violating the penal laws of the land, or committing a crime. — Sacramento Lodge vs. Gilday, 1871 Journal, 458, 470; Knowles vs. Enterprise Lodge, 1897 Journal, 955, 961. (46.) Threatening the life of the complainant, if he per- sisted in prosecuting charges. — California Lodge vs. Beck, 1866 Journal, 192, 210. OFFICERS OF GRAND LODGE. 429 (47.) Keeping opium place in violation of city ordinance. —1884 Journal, 104, 133. (See Charge Books; Lottery; Trials). OFFICERS OF GRAND LODGE. 1. Qualifications, nominations, election, appointment, re- moval, vacancies, general provisions and decisions, page 429. 2. Grand Master, page 433. 3. Grand Secretary, page 437. 4. Grand Representatives, page 440. 5. Other Elective Grand Officers, page 441. 6. District Deputy Grand Master, page 442. 7. Trustees. (See Trustees). 1. QUALIFICATION, NOMINATION, ELECTION. AP- POINTMENT, REMOVAL, VACANCIES, GENE- RAL PROVISIONS AND DECISIONS. 1714. Elective Officers. The elective officers of the Grand Lodge shall be: First, Grand Master; Second, Deputy Grand Master; Third, Grand Warden; Fourth, Grand Secretary; Fifth, Grand Treasurer; Sixth, Grand Representatives to the Sove- reign Grand Lodge; Seventh, Three Trustees; Eighth, Five Trustees of the Odd Fellows' Home, for a term of five years, one of whom shall be elected each year to succeed the Trustee elected under the resolution of the Grand Lodge at the session of May, 1893, as the several terms for which said Trustees were elected shall expire. — Constitution Grand Lodge, Art. Ill, Sec. 1. Note.— The attainment of the Royal of Grand Master.— (1853-1855-1885 Purple Degree cannot be made a S. G. L. Journal, 1922, 1957-2479, necessary qualification for the office 2503-10098, 10175.) 1715. Appointed Officers. The appointed officers shall be: Grand Chaplain. Grand Mar.'^hal. Grand Conductor. Grand Guardian. Grand Herald. 430 OFFICERS OF GRAND LODGE. District Deputy Grand Master for each district. — Constitu- tion Grand Lodge, Art. Ill, Sec. 2. 1716. Qualifications of elective Grand Office. No one shall be eligible for any elective Grand Office unless he be quali- fied to become a member of the Grand Lodge, and have attained such degrees as by virtue of his office he may confer upon others. — Constitution Grand Lodge, Art. Ill, Sec. 4. Note. — A provision in a State Con- mission to membership therein is stitution that members of a Grand illegal.— (1879-1887 S. G. L. Journal, Lodge cannot be elected to office 8090, 8176, 10937, 10978.) therein until one year after their ad- 1717. Officers must have secret work. One of the im- portant and necessary qualifications to be possessed by candi- dates for the office of Grand Warden, Deputy Grand Master, and Grand Master, shall be a perfect acquaintance with the secret work of the Order before their installation. — 1882 Jour- nal, 870. 1718. Consent of nominee must be obtained. In the nomination of officers, members are required to obtain the con- sent of those they name before presenting their names for officers of the Grand Lodge. — 1863 Journal, 440. 1719. Promise from nominee for Grand Representative required. Every candidate of the Grand Lodge who shall be proposed as a candidate for the office of Grand Representative, is required to state, upon his honor, whether or not he intends (if elected to the office) to return on or before the 1st day of Jan- uary next succeeding his election. — 1859 Journal, 502, 510, 531. 1720. Time and manner of election. The election for elective officers of the Grand Lodge shall be held at 10 o'clock A. M. on the third day of the session, by ballot, in the following manner: When open in that order of business, each Past Grand present having the privilege to nominate, there shall be pro- vided a ballot-box, in which to deposit the ballots, with two tellers, and all shall proceed to vote; and when all have voted that wish, the Grand Master shall proclaim the ballot closed, and the tellers shall immediately canvass the votes; and if there be no choice for the officer balloted for, a new ballot shall OFFICERS OF GRAND LODGE. 431 be immediately ordered, which ballot shall be confined to the three having the greatest number of votes (provided there are three voted for), and if there be then no choice, the ballot shall be confined to the two receiving the greatest number of votes. Any Past Grand qualified, having received a majority of votes, shall be declared elected, and shall be installed into his respective office on the last day of the session; provided, that in all cases where only one person is in nomination for an office, the election may be held viva voce; provided j also, that the Grand Lodge may, after a four-fifths vote, install any officer or officers at any time after his election; but the duties of said officer or officers shall not commence until the last day of the session. — Constitution Grand Lodge, Art. Ill, Sec. 3. 1721. Previous service in office. The Grand Lodge will hereafter ignore the practice of electing, as a matter of course, the Deputy Grand Master to the office of Grand Master, and the Grand Warden to the office of Deputy Grand Master, but will elect officers without regard to their previous service in office.- 1870 Journal, 262, 263. 1722. Appointed officers, how appointed. The ap- pointed officers shall be appointed by the Grand Master, by and with the consent and approval of this Grand Lodge, after his installation. — Constitution Grand Lodge, Art. Ill, Sec. 5. 1723. Grand Officers, pro tern. The Grand Master may appoint all Grand Officers pro tern. — Constitution Grand Lodge, Art IV, Sec. 1. 1724. Past Grand and appointed office. The Grand Master may appoint a Past Grand not a representative to an appointed office. — 1869 .Journal, 114, 117. 1726. Vacancies, how filled. The Grand Master may susi)end a District Deputy Grand Master from office !or neglect oi duty, and vacancies in such office, from any cause, shall be filled by the Grand Master. Vacancies in the other Grand offices, except that of Grand Master, shall be filled by the (iranJ Lodge, if in session; if not, then by the Standing Com- mittee, for the remainder of the term; provided, that in case of 432 OFFICERS OF GRAND LODGE. vacancy in the office of Grand Representative, the appointee of the Standing Committee shall only hold until the succeeding session of this Grand Lodge. — Constitution Grand Lodge, Art. V, Sec. 4. 1726. Withdrawal Card does not vacate office, when. An officer of the Grand Lodge does not vacate his office by tak- ing a Withdrawal Card, if the same be immediately deposited in the Grand Lodge, accompanying the application for a new- charter; provided, that while holding such Withdrawal Card, and until such new Lodge be established, such person can dis- charge no official act. — 1857 Journal, 250, 25L NoiE. — An oflScer of a Grand Lodge his taking the card and depositing it may take a Withdrawal Card without in another Lodge, the discharge by vacating his office, though he do him of the functions of his office is not intend to change his residence, if suspended, to be revived upon the within one month he shall deposit it deposit of his Withdrawal Card as in and join a Subordinate Lodge— aforesaid — ( 1892 S. G. L. Journal, (1889 S.G.L. Journal, 11487, 11728, 12790, 12791, 13050, 1.3076). 11786). During the time between 1727. Suspension for cause vacates office. An elective officer of a State Grand Lodge was suspended for three months in his Subordinate, after trial and conviction on charges of con- duct unbecoming an Odd Fellow. This vacated his office, and it should be filled in the mode provided in the Constitution of the Grand Lodge, and he would not be restored to his office at the end of his suspension, unless the Constitution so declared. —1879 S. G. L. Journal, 7909, 8072, 8173. 1728. Trial and removal for misconduct or neglect. Any Grand Officer may be removed from his office by the Grand Lodge for misconduct or neglect of duty, but he shall be entitled to a fair trial, and two-thirds of the votes of the members pres- ent shall be necessary for removal. — Constitution Grand Lodge, Art. V, Sec. 1. 1729. Who to occupy the chair during* time of trial of Grand Master. Whenever the Grand Master, or officer acting as such shall be on trial, or whenever a resolution for the remo- val of the Grand Master, or officer acting as such, shall be sub- mitted, the Grand Lodge may direct any Past Grand Master, OFFICERS OF GRAND LODGE. 433 in case the Deputy Grand Master or Grand Warden are inca- pacitated, to occupy the chair. — Constitution Grand Lodge, Art. V, Sec. 2. 1730. Duties of appointed officers. The appointed offi- cers of this Grand Lodge shall perform such duties as are required by their charges and usages of the Order. — Constitu- tion Grand Lodge, Art. IV, Sec. 8. 1731. Candidates electioneering*. Electioneering for the purpose of obtaining an office from this Grand Lodge is a vio- lation of the high and pure principles of Odd Fellowship, and should receive the condemnation and disapprobation of every member of the Order, and secure the certain defeat of every candidate resorting to such evil practice to secure an election to any office within the power of this Grand Lodge to confer. — 1875 Journal, 278. 2. GRAND MASTER. 1732. Duties. The Grand Master shall preside at all ses- -sions of the Grand Lodge, and preserve order therein, and en- force a due observance of the Constitution and By-Laws of the -Sovereign Grand Lodge, and of this Grand Lodge. All ques- tions of order, and all decisions made by him on any point growing out of the Constitution or By-Laws of this Grand Lodge, shall be subject to appeal from his decision to the Grand Lodge; and it shall be his duty to put the question on all such appeals to the Grand Lodge. He may appoint all Grand Offi- dge shall direct. He shall perform such other duties as are herein provided for, or that may be ordered by the Grand Lodge. He shall receive such salary as may be fixed upon at eacli annual session, which shall be paid monthly. He shall, previous to installation, give a bond to the Trustees of the Grand Lodge, in such form and penalty as shall be ap- proved o!, for the faithful discharge of his duties.— Constitu- tion Grand Lodge, Art. IV, Sec. 4. 438 OFFICERS OF GRAND LODGE. 1753. Assistant. Grand Secretary empowered to engage an assistant. — 1884 Journal, 148, 163. 1754. Special session to confer Grand Lodge Degree. Hereafter, when the Grand Secretary shall attend special ses- sions of the Grand Lodge held to confer the Grand Lodge De- gree, the Grand Master is authorized to draw a warrant on the Grand Treasurer in favor of the Grand Secretary, for his nec- essary expenses incurred in such attendance. — 1883 Journal, 1155, 1176. 1755. Duty as to constitutional amendments. As soon as possible after the close of each regular session of the Grand Lodge, the Grand Secretary shall cause to be printed on sep- arate slips, and gummed so as to be easily inserted in, and attached to, the constitution-book, the amendments to the Con- stitutions of Subordinate and Rebekah Lodges adopted at such session, and two copies thereof, respectively, to be forwarded, with proper instructions, to each Subordinate and Rebekah Lodge.— 1896 Journal, 534, 558, 559. 1756. Printed Constitutions for Subordinates. Resolved, That the Grand Secretary be, and is, authorized to have printed, in regular size for binding, for Lodge use, the Constitution of Subordinate Lodges, and that the Grand Secretary shall sell to Subordinates these Constitutions as Grand Lodge supplies at no more t^han ten per cent, increase of their cost. — 1894 Journal, 767. 1757. Printed Rebekah Lodge Constitutions. Resolved, That the Grand Secretary be, and is, hereby authorized to have printed, in regular size for binding, for Lodge use, the Consti- tution of Rebekah Lodges, and that the Grand Secretary shall sell to Rebekah Lodges these Constitutions as Grand Lodge supplies, at no more than ten per cent, increase of their cost; said Constitutions to bear the imprint, '' printed by order of the Grand Lodge, I. O. O. F., of California," on the title page. — 1896 Journal, 536, 559. 1758. To furnish Journals and Dig-est to Committees. The Grand Secretary shall furnish each of the Committees on Appeals, State of the Order, and Legislation, one full copy of OFFICEKS OF GKAND LODGE. 439 the Journal and Digest of Proceedings of the Sovereign Grand Lodge and of this Grand Lodge. The name of the respective committee shall be printed on the books, and the Grand Secre- tary shall keep them during the interim of sessions of the Grand Lodge. — 1865 Journal, 83. 1759. Blank Financial Secretaries reports. Grand Secretary empowered to devise a printed blank for Financial Secretary's report, copies of which he shall send to each Subor- -dinate Lodge with other blanks for Lodge use. — 1888 Journal, 1106. 1760. To furnish blank bonds to Lodg^es. The Grand Secretary is required to furnish blank bonds to all Lodges, in a legal form, for the purpose of qualifying officers having care of the funds of the Lodge. — 1854 Journal, 77. 1761. To furnish certain forms to Lodg^es. The Grand Secretary shall cause a quantity of blank forms for charges, summons, subpoenas, reports of Trial Committees, notices of filing report, bills of exceptions and notices of appeal to be printed, and keep a supply on hand, and furnish the same to Lodges, when called for, free of charge.— 1869 Journal, 109, 128; 1870 Journal, 231, 251. 1762. To furnish certain proceeding's of Grand Lodg-e to Subordinates. The Grand Secretary shall furnish all Sub- ordinate Lodges, at the earliest possible moment, a copy of such proceedings of the Grand Lodge as require their prompt action. —1853 Journal, 42. 1763. To furnish forms of certain certificates. Grand Secretary instructed to provide necessary blanks for certificates of Representatives elect to the Grand Lodge and Past Grands in good standing in each year. — 1859 Journal, 529. 1764. May require certain information from Lodg^es. The Grand Secretary is authorized to demand from ea'ch Sub- ordinate Lodge in this jurisdiction a full and complete state- ment showing, as far as can be ascertained — 1st. The full name of every person who has ever been a member of said Lodge. 440 OFFICERS OF GKAND LODGE. 2nd. The age of members at time of admission. 3rd. The nativity. 4th. The occupation. 5th. When admitted. 6th. How admitted. 7th. Name, number and location of Lodge from which card was taken. 8th. When suspended. 9th. When expelled. 10th. When resigned. 11th. When reinstated. 12th. Date of death. 13th. Date of withdrawal. And upon such demand being made^ it shall be the duty of said Lodge to immediately make provision for furnishing the same in the manner and form above prescribed. — 1879 Journal^ 32, 116, 139. 1765. Rooms of Grand Secretary. The Grand Lodge shall procure a suitable room, or rooms, and furnish the same appropriately, for the use of the Grand Secretary, and to be used for the legitimate business of the Order, and no other. Proper accommodations shall be set apart in the same for the use of the Grand Master. — 1873 Journal, 838, 861. (See Odd Fellows' Home.) 4. GRAND RBPRBSBNTATIVB. 1766. Certificate of election. Immediately after the election of a Grand Representative, it is the duty of the Grand Secretary to forward to the Grand Secretary of the Sovereign Grand Lodge a duplicate copy of the Representative's certifi- cate of election.— 1857 S. G. L. Journal, 2768, 2811. 1767. Report. At each session of the Grand Lodge, the Grand Representatives are required to report, in writing, all matters regarding the Good of the Order of this State, as well as any measure brought by them before the Sovereign Grand Lodge, in behalf of this jurisdiction. — 1854 Journal, 75, 76. OFFICERS OF GRAND LODGE. 441 1768. Seat declared vacant, when. The Grand Lodge has the right to declare the seat of a Grand Representative vacant who does not return to his jurisdiction on or before the 1st day of January following the annual session of the Grand Lodge, at which he shall represent such State Grand Body, unless he shall be prevented by sickness or unavoidable acci- dent, of which the Grand Body he represents shall be the judge.— 1860 Journal, 23. 1769. To report to Rebekah Assembly. Grand Repre- sentatives are required to report to the Rebekah Assembly all legislation in regard to Rebekahs. — 1894 Journal, 735, 773. 6. OTHER ELECTIVE GRAND OFFICERS. 1770. Duties of Deputy Grand Master. The Deputy Grand Master shall support the Grand Master in presiding, and in his absence shall occupy the chair for him. In the event of a vacancy in the office of Grand Master, the Deputy Grand Master shall become Grand Master for the balance of the term, and receive the honors of a full term. — Constitution Grand Lodge, Art. IV, Sec. 2. 1771. Duties of Grand Warden. The Grand Warden shall assist the Grand Master in conducting the business of the Grand Lodge. He shall, under the Grand Master, have special charge of the door, and in the absence of the Grand Master and Deputy Grand Master, he shall preside. — Constitution Grand Lodge, Art. IV, Sec. 3. 1772. Duties of Grand Treasurer. The Grand Treasurer shall receive and receipt for ajl moneys belonging to or placed in his charge by this Grand Lodge, and deposit the same imme- diately on receipt thereof by him in some bank, to be desig- nated to him in writing by the Finance Committee of this Grand Lodge, in the name of and to the credit of this Grand Lodge; he shall pay all orders drawn on him by the Grand Master, under seal of the Grand Lodge, by check or draft on said bank, signed by said Grand Treasurer and countersigned by the Grand Secretary, with the seal of the Grand Lodge affixed thereto. Each month the Grand Treasurer shall fur- 442 OFFICERS OF GRA.ND LODGE. nish to the Grand Master an account of all moneys received during the month and a bank tag, showing the amount of money in bank to the credit of the Grand Lodge. The Finance Committee shall have power to change the bank where such money shall be deposited, and in case of a change, the commit- ,tee shall be charged with the duty of seeing that their direc- tions as to change of deposit are carried out. The Grand Treasurer shall attend all regular sessions of this Grand Lodge; he shall keep his accounts in such a manner as will exhibit the sources and amount of receipts, and to whom paid; have his accounts closed up on the thirty-first day of March annually, and submit them to the Finance Committee; he shall produce ior the examination of said Finance Committee, the funds in his hands, or the evidence of the deposit thereof in said bank, and shall annually report to this Grand Lodge, a full and true account of all moneys received aijd paid out by him; he shall, previous to installation, give a good and sufficient bond, wdtji two sureties, in such form and in such amount as shall be required by the Grand Lodge, for the faithful performance of his duties. Said sureties shall justify before a Notary Public in double the amount of the penalty named in the bond, and said bond shall be approved by this Grand Lodge. The Grand Treasurer's account and books, including the bank book, shall at all times be open and subject to the inspection of the Grand Master, the Finance Committee or the Trustees, or either of them, of the Grand Lodge. — Constitution Grand Lodge, Art. IV, Sec. 5. (See Odd Fellows' Home; Trustees.) 6. DISTRICT DEPUTY GRAND MASTER. 1773. Duties. The District Deputy Grand Master shall, in the absence of the Grand Master, install the officers of all Lodges in his district, and enforce a due observance of the Con- stitution, By-Laws and Resolutions of the Grand Lodge; be the organ of the Grand Master with the Subordinates in his juris- diction; have power to grant dispensations to Lodges in his district, for conferring the three degrees in less time than may be otherwise permitted, when circumstances require it; for the election of any third degree member of the Lodge to any office OFFICERS OF GKAND LODGE. 443 in such Lodge in case all qualified members refuse to serve; for holding public installations of officers, and for the giving of social parties in the name of the Order; he shall see that the work of the Order is performed uniformly; confer official degrees on Past Grands; collect from Lodges in his district all returns and moneys due the Grand Lodge, and forward them imme- diately to the Grand Secretary; decide all questions of law that may be submitted to him by the Lodges under his charge; he must report immediately all such decisions to the Grand Master for his approval, and report annually to the Grand Master all other proceedings had or taken bj^ him. He shall forthwith report to the Grand Master all cases of violation on the part of the Subordinates, of the Constitution and By-Laws of the Grand Lodge, or disobedience to his lawful commands. — -Constitution Grand Lodge, Art. IV, Sec. 7. 1774. Need not be a Representative. A Past Grand is eligible to the office of District Deputy Grand Master, whether he be a representative to the Grand Lodge or not; neither is it necessary that he should have had the Grand Lodge degree conferred on him. The Grand Master may appoint a Past Grand not a representative to an appointed office. — 1870 S. G. L. Journal, 4838, 4869, 4887, 4919; 1869 Journal, 114, 117; 1885 Journal, 387, 402, 431. 1775. Term. The term of a District Deputy Grand Master expires when his successor is appointed. — 1895 Journal, 21, 195, 196, 236. 1776. Committee to examine and instruct nominees. At each annual communication of the Grand Lodge, on the first day of the session, the sitting Grand Master shall appoint a committee of five, among whom shall be the acting Grand Representatives, whose duty it shall be to examine and instruct the nominees for District Deputy Grand Masters in the secret work of the Order. — 1869 Journal, 7. 1777. District Deputies, how recommended. All nomi- nations or recommendations of persons for aj)})ointment as District Deputy Grand Masters shall be in writing, and filed with the Grand Secretary, who shall make a list of the names 444 OFFICERS OF GRAND LODGE. of the persons as recommended and deliver such list to the chairman of the committee appointed for the examination of District Deputies; and immediately upon the election of the new Grand Master the Grand Secretary shall deliver all nomi- nations and recommendations filed with him to the Grand Master elect.— 1872 Journal, 652, 677. 1778. Report of committee. Upon the completion of their labors, and at any time after the election of the incoming Grand Master, said committee may report to the Grand Lodge, and shall hand a list of nominees to the Grand Master elect, with such recommendations as they may deem proper. Such nominations and reports shall be considered by the Grand Master elect, but he is not bound to appoint the persons so nominated, unless their qualifications meet his approval and the approval of said Examining Committee. — 1869 Journal, 7. 1779. New District. A District Deputy should be ap- pointed when the first Lodge is instituted in a District. — 1853 Journal, 36. 1780. Candidates for appointment— Secret work— In- struction. Resolved, That candidates for District Deputies must be familiar with the secret work of the Order, and pre- sent themselves to the Committee on Instruction for examina- tion before the close of the second day of the session, and that the Subordinate Lodges in this jurisdiction be urged to recom- mend no Past Grand for such office who is not well qualified in the secret work of the Order. In cases where the Lodges desire the reappointment of the acting District Deputy, this rule shall not apply; provided, that the Grand Master may use his discretion in regard to appointing District Deputies who are not present at the sessions of the Grand Lodge, when no qualified representative is present from the district. — 1896 Journal, 629. 1781. Represents the Grand Master in his absence. The District Deputy Grand Master is the representative of the Grand Master in his district, and he should require of the Lodges in his district a due observance of the Constitution and By-Laws.— 1886 Journal, 534, 536, 620, 646. OFFICERS OF GRAND LODGE. 445 NoTK. — District Deputies, when the most part on the local law. The performing the functions of an oflSce, general laws of the Order do not seem have the right to wear the regalia and to define their duties— (1874-1886 S. jewel of the officer whom they repre- G. L. Journal, 6209, 6262, 10251, sent. Their authority depends for 10487, 10511). 1782. Authority on questions of law, when. A District Deputy Grand Master is authority on all questions of law or usage of the Order in the absence of the Grand Master, and his or her instructions must be obeyed until reversed by higher authority.— 1892 Journal, 14, 112, 127. 1783. Must address the chairs. A District Deputy Grand Master, with his officers, has no right to enter a Lodge without addressing the chairs. — 1891 Journal, 585, 686, 715. 1784. Duties of as to instruction. The District Deputy Grand Masters of the several districts in this jurisdiction are instructed to visit each and every Lodge in their respective dis- tricts for the purpose of instruction in the unwritten work of our Order, applicable to the Lodges in their district, at least once in each term, the reports of all such meetings of instruc- tion shall be made to the Grand Master by the District Dep- uties, and the Grand Master shall incorporate the substance of such reports in his annual report to this Grand Lodge. — 1891 Journal, 729, 732. 1785. Must procure certificate for semi-annual pass- word. It is the duty of each District Deputy Grand Master on or before the first meeting in May and November of each term, to procure from his Lodge and file with the Grand Secre- tary of the Grand Lodge, a certificate, stating that he is enti- tled to the semi-annual password; provided, that such certifi- cate may be filed at a later date. The District Deputy Grand Master shall not be entitled to the semi-annual password until such certificate shall be filed with the Grand Secretary^ — 1864 Journal, 540, 564. 1786. Negflect to file such certificate. If any District l)ei)Uty Grand Master shall refuse or neglect to file such cer- tificate with the Grand Secretary on or before the last meeting of his Lodge, in May and November of his term, the Grand 446 OFFICERS OF GRAND LODGE. Master may remove such District Deputy Grand Master from office and appoint another in his stead. — 1864 Journal, 540, 564. 1787. Forms of certiftcate for semi-annual password. (See Form No. 25 of the forms affixed to this Digest). 1788. Suspension from office. He may be suspended from office by Grand Master for neglect of duty. — Constitution Grand Lodge, Art. V, Sec. 4. 1789. Duty to visit Lodg-es. It would be well for District Deputies to make at least one official visit to the Lodges, within their districts, for the purpose of giving instructions in the secret work before the officers are installed. A District Deputy ought to visit his Lodges more than twice a year. These visits cannot be too frequent.— 1896 Journal, 410, 581, 628. 1789a. Communications with Lodg-es. District Deputy Grand Masters and Lodges should communicate with one another by written communications, as this would avoid un- pleasant misapprehensions. — In matter of Arroyo Grande Lodge, 1896 Journal, 574, 616. 1790. Reports of District Deputy. District Deputy Grand Masters within this jurisdiction shall, within the time directed by the Grand Master, furnish to him a report of their official actions embracing: 1st. A list of dispensations granted, with reason therefor. 2nd. Degrees conferred, and authority for conferring the same. 3rd. Decisions rendered, giving facts of each case. 4th. Statement of installation of officers of each Lodge installed by him, and a statement of the general condition of the Lodge. 5th. Any other matter pertaining to his district, or the Order at large, which he may deem important. — 1878 Journal, 928, 965. 1791. Cannot appoint Grand Marshal, when. A District Deputy Grand Master has no right to appoint a brother to act OFFICERS OF GRAND LODGE. as Grand Marshal; to assist in the installation of offic^ Lodge, when the Grand Marshal is present in person and will- ing to officiate. — 1862 Journal, 291. 1792. Cannot delegate power. A District Deputy can- not in any way delegate his power and authority to another, nor appoint a Past Grand to install officers in his absence. — 1859 Journal, 447, 529. 1793. Cannot call special meeting*. A District Deputy Grand Master has no power to call or request a special meeting to be called, for the purpose of installing the officers of the Lodge, before the first regular meeting in the new term has ex- pired. — 1865 Journal, 58, 71. 1794. Receipts for charge books, journals and digest. The District Deputy Grand Masters are required to take a receipt from the Noble Grand, at installation, of all Charge Books, also bound Journals and Digests belonging to and in possession of their respective Lodges, and are further required to forward the same to the Grand Secretary with the reports, —1867 Journal, 363. 1795. Receipts for returns and money — Duty ta transmit. All Lodges shall take a receipt from the District Deputy Grand Master for their returns, and the amount of percentage paid by them, which receipt shall, on the following day, be forwarded to the Grand Secretary by mail, and it shall be the duty of the District Deputy, within ten days thereafter^ to forward the amount and returns to the Grand Secretary, Should the Grand Secretary not receive the returns and money set forth in such receipt, within thirty days, it shall be his duty to inform the Grand Master of the same, who shall communi- cate with the Lodge, inquiring into the cause of the delay; and if the Lodge respond that the returns and percentage have Ijeen delivered to the District Deputy Grand Master, it sliall be the duty of the Grand Secretary forthwith to prefer charges against such District Deputy, to the Lodge of which he is a member, and proof of neglect of liis duty shall subject said District Deputy to any penalty known to the Order. — 1857 Journal, 275; 1858 Journal, 381, 382. 448 OFFICERS OF GRAND LODGE. 1796. Power to withhold new password. A District Deputy Grand Master may withhold a new semi-annual pass- word from the Noble Grand who has been installed by any other officer until the reports and dues of the Grand Lodge have been delivered to him or notice served upon him that they have been given to the installing officer. — 1860 Journal, 85, 86. 1797. Lodg-es must obey instructions of District De- puty Grand Master. Lodges under the jurisdiction of District Deputies are obliged to obey instructions of such officers. — 1857 Journal, 254. 1797a. Duty to see officers proficient in work. All District Deputy Grand Masters or installing officers shall fully examine each elective officer in their respective districts, rela- tive to their proficiency in the work of the Order, and to install no such officer unless he have the charges and work of such office fully committed to memory. This instruction is not to be so construed as to prevent the installation of the first officers of a new Lodge.— 1856 Journal, 219, 222. 1798. Officers must be proficient in secret work. Dis- trict Deputy Grand Masters have the right to require of all Vice Grands elect, that they be proficient in all the secret work of the Lodge before being installed into said office. — 1877 Journal, 710. 1799. Officer no certificate of former services. A Dis- trict Deputy Grand Master has no right to refuse the installa- tion of an officer as Vice Grand, on the ground that the Vice Grand elect has no certificate of his former services, if the records of the Grand Lodge contain sufficient evidence of such service. But the simple list of officers elected at the commence- ment of each term, is not sufficient evidence of service. — 1866 Journal, 199, 216. 1800. When must install officer— Crime. A District Deputy Grand Master is bound to install an officer when there are no charges against him on the books of the Lodge, even if he knows such officer to be guilty of violating any part of the Criminal Code of this State, provided the officer have attained OFFICEES OF GRAND LODGE. 449 the degrees required, have filled the offices as laid down in the work of the Order, be properly qualified and his election have been fair and in form. — 1856 Journal, 217, 220. 1801. When can take chair of Noble Grand. A District Deputy Grand Master, in his official capacity, has no right to take the chair of the Noble Grand except at the installation of officers.— 1869 Journal, 11, 124, 125; 1896 Journal, 607, 608, 636. 1802. When may demand copies of Lodg-e proceeding's. District Deputy Grand Masters have a right to demand certified copies of the proceedings of a Lodge, when so instructed by the Grand Master. — 1860 Journal, 71. 1802a. The same. If a notice of appeal have been filed^ copies of all papers, minutes, etc., should be transmitted to the Grand Lodge. If there be no appeal, and the District Deputy Grand Master request copies, etc., they should be forwarded to him. Requests officially made by the District Deputy Grand Master for copies of matters which he may think his duty re- quires, he is entitled to. He has a right to know what has taken place and to have copies, and then to take such official action thereon as he deems his duty requires. — 1891 Journal, 585,586, 687, 715. 1803. No judicial power— Trials. No power is lodged in the hands of a District Deputy Grand Master to review on ap- peal the proceedings of a Lodge or committee in matter of charges or trials. Said officer has no judicial powers. He is merely the channel through which the transcript is transferred from the Lodge to the Grand Secretary. — Eldorado Lodge vs. Mucke, 1866 Journal, 170, 174. 1804. Expenses of^Installation. Lodges visited by District Deputy Grand Masters for installation of officers should make a reasonable appropriation to defray the necessary 'trav- eling expenses of such Deputies in those cases in which they leave the place where they reside and go to the place where the Lodge is located to install the officers. The Lodge has no right to appropriate its funds to reimburse a District Deputy Grand Master who is a member of the Lodge and resides at its loca- 29 450 OFFICERS OF SUBORDINATE LODGE. tion for his expenses incurred in going to San Francisco to perfect himself in the work and get the password before install- ing its officers, or for expenses incurred by him for stationery, stamps and money for the purpose of making returns to the Grand Secretary. — Doherty vs. Byron Lodge, 1893 Journal, 433, 432. 1805. May hold another office. There is no law which prevents a District Deputy Grand Master from holding any office in his Lodge.— 1888 Journal, 1019, 1111, 1130. 1806. The same — Recording" Secretary. A District Deputy Grand Master may act as Recording Secretary of the Lodge.--1889 Journal, 68. 1807. Commission of District Deputy Grand Master. (See Form No. 22 of the forms affixed to this Digest). 1808. Form of dispensation by District Deputy Grand Master. (See Form No. 24 of the forms affixed to this Digest). (See Installation). OFFICERS OF SUBORDINATE LODGE. 1. Qualifications, nominations, elections, appointments, vacancies, removals, general provisions, and decisions, page 450. 2. Noble Grand, page 463. 3. Vice-Grand, page 469. 4. Recording Secretary, page 470. 5. Financial Secretary, page 472. 6. Treasurer, page 473. 7. Other officers, page 474. 1. QUALIFICATIONS, NOMINATIONS, ELECTIONS, APPOINTMENTS, VACANCIES, REMOVAL, GEN- ERAL PROVISIONS, AND DECISIONS. 1809. Elective officers. The elective officers shall con- sist of a Noble Grand, Vice-Grand, Secretary and Treasurer, who shall serve a regular term each, provided that the Secre- tary and Treasurer may each be elected for the period of one OFFICERS OF SUBORDINATE LODGE. 451 year. The Lodge may also elect a Financial Secretary to serve for one year, and three Trustees to serve for such terms as the By-Laws shall prescribe; provided, that no member shall hold -any two of said offices at the same time. — Constitution Subor- ■dinates, Art. VI, Sec. 1; 1897 S.G. L. Journal. 1810. Appointed officers. The appointed officers shall •consist of a Warden, Conductor, Outside Guardian, Inside Guardian, Right Supporter to Noble Grand, Left Supporter to Noble Grand, Right Supporter to Vice Grand, Left Supporter to Vice Grand, and Right and Left Scene Supporters, who shall each serve a regular term; and the Lodge may also ap- point a Chaplain for a regular term. — Constitution Subordi- nates, Art. VI, Sec. 2. 1811. Qualifications of elective officers. No member of this Lodge shall be installed as Noble Grand unless he have t^erved a term as Vice Grand, or a majority of the nights of the last of a term to fill a vacancy; or as Vice Grand, unless he Jiave served twenty-six weeks in an inferior office, other than Trustee. Service in office, whether elected or appointed, is qualifying in any other Lodge as well as in this Lodge, pro- viding a brother has a certificate to that effect, under seal of a Lodge in good standing; provided, that any member of the Degree of Truth may be elected if all qualified brothers refuse to serve, and a dispensation be granted by the Grand Master or Deputy of the District previous to the election. — Constitu- tion Subordinates, Art. VI, Sec. 3. 1812. Election before first reg^ular meeting^ in June or December void. The Constitution of Subordinates provides that officers shall be elected at the first regular meeting in June and December. Should a Lodge elect its officers at a meeting prior to said dates the election would be illegal, and therefore null and void.— 1S89 Journal, 33, 122, 163. 1813. Nomination or election of absent brother. It is right to nominate or elect a member not present at a meeting unless there be a provision in the By-Laws to the contrary. — 1894 Journal, 603, 732, 771. 452 OFFICERS OF SUBORDINATE LODGE. 1814. The same— Vice-Grand. A brother may be elected to the office of Vice-Grand although absent at the time of elec- tion, provided he be otherwise qualified. — 1897 Journal, 839^ 994, 1034. 1815. Dispensation to elect Scarlet Deg-ree member. All qualified brothers must refuse to serve before a dispensa- tion can be granted to elect a Scarlet Degree member as Noble Grand. It is not necessary for every qualified brother belong- ing to the Lodge to decline to accept after they are elected. It is sufficient if on the night of election all qualified brothers present decline an election. Absence from the place where the Lodge is located, or physical disability so as to make it im- possible to attend Lodge business, is a disqualification. — 1856 Journal, 179; 1866 Journal, 134, 219; 1897 S. G. L. Journal,. 15213, 15534, 15584, 15613. 1816. Only members can be elected or appointed.. Only members of a Lodge are eligible as officers therein. This rule is the same as to officers pro tern, as to regular officers. — 1878 Journal, 818, 928, 965; 1879 Journal, 32, 107. It is ap- plicable to appointed as well as elective officers. — 1892 Jour- nal, 393, 421. 1817. Institution of new Lodg-e. At the institution of a Subordinate Lodge all of the charter members are eligible ta any office therein, previous service in office not being a neces- sary qualification in such cases. — 1889 Journal, 33, 122, 163. 1818. By-Laws of Lodg'e cannot prescribe additional qualifications. The qualifications for office are specified in Article VI, Sections 3 and 4, Constitution of Subordinates, and no other things are necessary than to bring the officer, or candi- date for office, respectively, within the terms of those two Sec- tions. No other things as qualifications for office can be attached by the By-Laws of a Lodge.— 1878 Journal, 820, 928 965. 1819. Where brother owes Lodg-e borrowed money. The mere fact that a brother owes the Lodge for borrowed money does not disqualify him from election to office in the Lodge. The provision of the law which requires freedom of OFFICERS OF SUBORDINATE LODGE. 453 indebtedness to the Lodge as a requisite qualification for office, Applies only to dues, assessments and fines, and does not apply to loans.— 1881 Journal, 502, 601, 627. 1820. Shall be clear of charges on the books. The con- stitutional provision that ''all officers shall be clear of all pecu- niary charges on the books at the time of installation," includes appointed and elective officers. — 1857 Journal, 272, 273. 1821. Officers relating" to Lodge funds. No member holding an office relating to the management or disbursement of Lodge funds, shall be eligible to any other office of similar character in the same Lodge during the term of office to which he was first elected. — Constitution Subordinate Lodge, Art. VI, Sec. 12; 1877 Journal, 581, 675, 697. Note. — A brother caunot hold the oflBce of Recording Secretary and Treas- urer, at one and the same time.— (1882 S. G. L. Journal, 8839, 9025, 9101). 1822. District Deputy Grand Master's eligribility to office. A brother holding the position of District Deputy Grand Master is eligible to any position in the Lodge, and he can be installed into such office by a Past Grand or the Noble Grand. — 1877 Journal, 581, 675, 697. 1823. Under sentence of reprimand. Under the pro- visions of Section 7, Article VIII of Constitution of Subordi- nates, a brother under sentence of reprimand is not eligible to office until he has paid the penalty imposed by the Lodge. — 1889 Journal, 33, 122, 163. > 1824. Rebekah Deg-ree. Under existing laws of the Order, the candidate for Noble Grand of a Subordinate Lodge is not required to be in possession of the Rebekah Degree before being installed.— 1889 Journal, 119, 123, 166. 1825. Cannot be Trustee and Vice-Grand at one ,time. A brother cannot serve as Vice-Grand and Trustee of a Lodge i\t one and the same time. — Constitution Subordinates, Art. VI, Sec. 1; 1886 Journal, 534, 620, 646. 1826. Cannot be Trustee and Recording Secretary at one time. A brother cannot legally hold the office of Trustee 454 OFFICERS OF SUBORDINATE LODGE. and Recording Secretary at the same time. — 1883 Journal^ 1002, 1150, 1175. Note. — A brother cannot be in- ordinate Lodge, provided for in the stalled in and hold at the same time Ritual and general law— (1894 S. G. more than one of the offices in a Sub- L. Journal, 13783, 14036, 14070). 1827. Must know the work. An officer-elect should not be installed into his office until entirely familiar with the work he assumes to perform. — 1884 Journal, 17, 116, 153. 1828. Certain Grand Marshal need not be Past Grand. It is not necessary that the brother who acts as Grand Marshal" for an Odd Fellows' celebration should be a Past Grand. — 1887 Journal, 771, 875, 888. 1829. Served part of a term. A brother who has not served in any appointed office in the Lodge, and only for a part of the term as Recording Secretary, is not eligible to the- office of Vice-Grand, except under a dispensation authorizing the election of a Scarlet Degree member when all qualified brothers decline.— 1868 Journal, 490, 503; 1872 Journal, 577,. 666, 684. 1830. Vice-Grand absent fourteen meeting's. A Vice- Grand who is absent fourteen meetings of his term is not elig- ible to the office of Noble Grand, unless he have been excused on account of sickness of himself or family. — 1884 Journal, 17^ 116, 153; 1887 Journal, 770, 875, 888. 1830a. Service in office of Vice-Grand. A brother who has been elected to fill the chair of Vice-Grand for a full term, and serves less than a majority of the nights of said term, is not eligible for election as Noble Grand. — 1892 Journal, 14, 112, 127. 1830b. The same. A brother is elected to fill the chair of Vice-Grand for two consecutive terms, the first term he fill& the chair a majority of the nights, the second term less than a majority of the nights. He is, at the end of said two consecu- tive terms, eligible for election as Noble Grand, by virtue of having served a majority of nights of the first term. — 1892 Journal, 14, 112, 127. OFFICEKS OF SUBORDINATE LODGE. 455 1830c. The same. A brother is elected to fill the chair of Vice-Grand for two consecutive terms, computing actual serving for both terms, he has served thirteen nights; he is not eligible for election as Noble Grand. He must serve a major- ity of nights of a term. Even if he had served thirteen nights of each term, he would not be eligible. Fourteen nights is a majority.— 1892 Journal, 14, 112, 127. 1831. Service in an appointed office. A brother is elig- ible to the office of Vice-Grand who has served one term of twenty-six weeks in an appointed office, such as a Supporter of the Vice-Grand, or in any inferior office, other than Trustee. Actual service in office at least a majority of the nights of the term, whether the officer is absent with or without leave of the Lodge (except in cases of sickness), is required to qualify a member by service for the office of Vice-Grand. — 1884 Journal, 17, 116, 153; See also, 1875 Journal, 199, 275; Constitution Subordinates, Art. VI, Sec. 3. 1832. Must have the Third Degree. Under the law re- quiring the business of a Lodge to be transacted in the Third Degree, no brother should be elected an officer who is not a member of the Third Degree.— 1883 Journal, 1001, 1150, 1175. 1833. Amputation of right hand. A brother having his right hand amputated, or who is crippled in his right hand or arm, is eligible to the chair of Noble Grand. — 1867 Journal, 292, 338, 349; 1879 Journal, 24, 101, 110. 1834. Previous service in office. It is lawful for a Lodge to elect any member thereof to the office of Noble Grand, who can produce satisfactory evidence that he has rendered sufficient previous service in office, whether that service was rendered in the same or some other Lodge. — 1868 Journal, 413, 527. 1835. Appointed officer must be installed. An appoint- ed officer must be installed, to entitle him to hold office. — 1860 Journal, 46. 1836. Service as Warden balance of term. A brother having served the latter part of a term as Warden, appointed 456 OFFICERS OF SUBORDINATE LODGE. to fill a vacancy, is eligible to the office of Vice Grand. — 1891 Journal, 585, 686, 715. 1837. Vice Grand and election of Noble Grand for re- mainder of term. The sitting Vice Grand cannot be elected as Noble Grand for remainder of term unless he be already a Past Vice Grand.— 1894 Journal, 605, 3S2, 771. 1838. Recording" Secretary and Trustee. A brother cannot act as Trustee and Recording Secretary at the same time. —1896 Journal, 4C8, 588, 629. 1839. Scarlet Degree member, when eligible. Any Scarlet Degree member is eligible to any office in the Lodge ex- cept that of Noble Grand and Vice Grand, which require pre- vious service in an inferior office. — 1896 Journal, 409, 588, 629. 1840. Member liable to suspension for arrears. A member more than twelve months in arrears for dues, and liable to suspension therefor, is not eligible to be elected to any office in the Lodge.— 1896 Journal, 440, 607, 636. 1841. Chaplain. A member of a Lodge cannot be install- ed as Chaplain of another Lodge. — 1896 Journal, 439, 607, 636. 1842. When Recording and Financial Secretary is one officer. Where a Lodge provides in its By-Laws that the duties of the Recording and Financial Secretary shall be per- formed by one officer, then there is only one officer to be elected, and he is called the "Secretary." In such case it is in order to nominate and elect but the one officer. — 1895 Journal, 18, 19, 185, 235. 1843. Service as Chaplain. Service in the office of Chap- lain is qualifying for election to the office of Vice-Grand. — 1895 Journal, 21, 195, 196, 236. Note.— Service for a regular term retroactive and applies only to those as Chaplain, makes siich officer eli- who shall serve in that office after its gible for election to the office of Vice passage.— (1894-1897 S. G. L. Jour- Grand. But this law of 1894, is not nal, 14169, 14687, 14949, 15019). 1844. Recording" and Financial Secretaries. Lodges are not compelled to elect both Recording and Financial Sec- 1 OFFICERS OF SUBORDINATE LODGE. 457 retaries, but if they do, the offices mu.st be filled by different persons.— 1888 Journal, 1019, 1111, 1130. 1845. Objections to officer. Objections to an officer of the Lodge acting as such, on the ground of illegal votes being oast, should be made at the time of installation and not after- wards. — 1877 Journal, 581, 675, 697. 1846. Warden. The Noble Grand has not the right in the absence of the Warden to appoint as temporary Warden a mem- ber of another Lodge, unless at initiation or all qualified mem- bers present decline. — 1877 Journal, 771, 875, 1847. Tenure of office of appointed officer. Where a Noble Grand is legally removed from office and another brother is legally elected and installed as Noble Grand, the new Noble Grand has not the right to appoint any appointive officers unless a vacancy occur. The tenure of office of an appointed officer does not depend upon the tenure of office of the Noble Grand", who appoints him.— 1888 Journal, 1025, 1111, 1131. 1848. Nominations. Nominations for elective officers shall be made only on the two meetings immediately preceding that of a regular election, except when the nominees for an office all decline. — Constitution Subordinates, Art. VI, Sec. 5. 1849. Nomination on nig-ht of election. It is contrary to the laws of the Order to place additional names in nomina- tion for office on the regular night of election, except when the nominees for the office all decline. — 1896 Journal, 408, 588, 629; 1886 Journal, 524. 1850. The same. It is not legal to open under nomina- tion on the night of election, except when the nominees for an office all decline.— 1897 Journal, 1031, 1055; 1892 Journal, 14, 112, 127. 1851. Nomination for two offices— Election. A brother may be nominated for more than one oflice, but he cannot be elected to more than one office. — Molyneux rs. Pomona Lodge, 1897 Journal, 968, 979; 1896 Journal, 415, 588, 629. 458 OFFICERS OF SUBORDINATE LODGE. 1852. The same. A nominee elected to an office thereby ceases to be a nominee for another office. A brother being present was nominated for Vice-Grand and also Financial Sec- retary. He expressed no preference, but allowed his name to atand for both offices, and at the regular election for the term he was duly elected Vice-Grand. There was but one name for Financial Secretary, the name of the brother elected Vice- Grand. It was proper and lawful for the Noble Grand to declare that, as the brother had been elected Vice-Grand, there was therefore no nominee for Financial Secretary, and for the Lodge to make nominations and elect a Financial Secretary at said regular election. — Molyneux vs. Pomona Lodge, 1897 Journal, 968, 979. 1853. Election. Officers shall be elected by ballot at the first regular meeting in June and December of each year, and be installed at the first regular meeting in January and July of each year; provided, the installing officers be present; if absent, the Lodge may, by vote, defer it for one week, or call a special meeting for that purpose, at the request of the District Deputy Grand Master. — Constitution Subordinates, Art. VI, Sec. 6. 1854. Nomination and election. It is illegal to nomi- nate and elect the officers of a Lodge on the same evening. — Deveran vs. Modoc Lodge, 1896 Journal, 451, 633, 653. 1855. Election by acclamation. At all elections pro- vided for by Sections 6 and 8 of this Article, if there be but one candidate for an office, such candidate may be elected by acclamation. — Constitution Subordinates, Art. VI, Sec. 13. 1856. Casting- the vote of the Lodg-e. In an election for officers of a Lodge it is not legal to instruct the Secretary to cast the vote of the Lodge for any particular person if any member object— 1888 Journal, 1019, 1111, 1130. 1857. Election to fill vacancies. Vacancies in any elective office may be filled by the Lodge by nomination and election, by ballot, at the next regular meeting after nomi- nating, and, until so filled, the Noble Grand shall appoint a OFFICERS OF SUBORDINATE LODGE. 459 member to the office pro tern. — Constitution Subordinates, Art. 6, Sec. 8. 1858. Nomination and election to fill vacancy. When a vacancy occurs in an elective office it can be filled only by nomination at one meeting and election on the following meet- ing, and until so filled, the Noble Grand shall appoint a mem- ber to the office pro tern. — Constitution of Subordinates, Art. VI, Sec. 8. The nomination and election in such a case can- not, of course, be had at the same meeting. — 1896 Journal,. 410,588,629. 1859. Members indebted to the Lodg-e, or held as security. No member shall be eligible for election as Treasurer of a Lodge who is indebted to the Lodge for any borrowed money, or held as security to the Lodge for any indebtedness due the Lodge. — Constitution Subordinates, Art. VI, Sec. 14. 1860. Visiting" Card and office. The granting of a Visit- ing Card to an officer of the Lodge does not vacate his office nor involve the question of leave of absence. — 1894 Journal^ 721, 739. 1861. Duties. The duties of the various officers shall be as laid down in the charges of office, and as specified by this Constitution and the By-Laws of the Lodge. 1862. Removal for absence, misconduct or neg-lect. An officer absenting himself from the Lodge for three successive meetings, except in case of sickness, or any officer for miscon- duct or neglect as such, may be removed by a vote of two-thirds of the members voting at the next regular meeting after a resolution therefor has been offered in the Lodge at a regular meeting. — Constitution Subordinates, Art. VI, Sec. 7. 1863. What resolution of removal must contain. A resolution under Article VI, Section 7, Constitution of Sufjordi- nates, removing an officer from office, for misconduct in office, must specify in what the misconduct consists, and a copy or notice thereof be served on him, unless he be present and have actual knowledge thereof.— 1870 Journal, 269, 294, 187. 460 OFFICEKS OF SUBORDINATE LODGE. 1864. Lodg-e may remove officer, when. The fact that the Lodge excused a. Noble Grand, would not deprive the Lodge of the power conferred by Section 7, Article VI, of the Consti- tution of Subordinates, to remove an officer absenting himself from the Lodge for three successive meetings, except in case of sickness, by a vote of two-thirds of the members voting at the next regular meeting after a resolution therefor has been offered in the Lodge at a regular meeting. After the Lodge excuses an officer, it might ascertain that the excuse he offered was not true. — Armstrong vs. Fidelity Lodge, 1892 Journal, 76, 91. 1865. Brothers must be nominated. A brother cannot be legally elected to an office in a Lodge unless previously nominated, even though he should receive a majority of all the votes cast, when other brothers are eligible, in accordance with Article V^I, of the Constitution of Subordinates. — 1861 Journal, 202, 203. 1866. Lodg^e fails to hold several regular meetings. If from any cause a Lodge should not hold its regular meetings for the last three meeting nights of a term, it would be legal, at the next regular meeting in the new ,term, to nominate and elect officers.— 1862 Journal, 310, 311. 1867. Leg-al election where Past Grand presided. On the regular night for election of officers, the Noble Grand, Vice Grand and some of the nominees were absent on account of high water. The Past Grands present took the principal chairs, opened the Lodge, and proceeded with the regular business, and, among other things, with the election of officers. An election by a Lodge, so constituted and presided over, is legal. — 1868 Journal, 414, 524. 1868. Junior or Sitting* Past Grand. The Junior Past Grand of a Lodge, at the expiration of his term as such, is eli- gible to election to any other office. — 1885 Journal, 286, 403, 432. 1869. Sitting Past Grand. A sitting Past Grand can fill any other office, provided the duties of the office to which he is elected do not interfere with his duties as sitting Past Grand. —1897 Journal, 994, 1034. OFFICERS OF SUBORDINATE LODGE. 461 1870. Junior Past Grand and office of Secretary. It i& legal for a Lodge to elect a Junior Past Grand to the office of Recording Secretary, but the installation into such office doe» not vacate his chair as Sitting Past Grand. There is no con- flict between thedutiesof the two offices. — 1891 S. G. L. Journal, 12569, 12649. 1871. Cannot be Secretary and Treasurer tog^ether. A brother installed as Recording Secretary cannot at the same time be installed as Treasurer. — 1868 Journal, 414, 524; 1882 S. G.L. Journal, 8839, 9025, 9101. 1872. Re-election of officers. The Constitution of Sub- ordinates does not prohibit the re-election of the officers of a Lodge.— 1871 Journal, 450, 471, 473. 1873. Provisions of election laws are directory. The failure to observe strictly all the formal provisions of election laws, for that cause alone, never invalidates the election. The provisions of the By-Laws of a Lodge to the effect that the Warden shall distribute blank ballots to each member entitled to vote and shall receive the vote of each member, and shall assist the two tellers in canvassing the vote, and declaring the result to the Noble Grand, are directory merely, and not mandatory. — Thorn vs. Santa Clara Lodge, 1876 Journal, 397, 398, 483, 503. 1874. Proceeding's in case of invalid election. An elec- tion, which results in the election of certain officers of a Lodge by the vote of members who are not entitled to vote, is invalid. Where in such a case, the facts do not become known until the meeting after the election, the Noble Grand should immediately order an investigation, and if the error be not corrected by the Lodge, an appeal would lie to the Grand Lodge. — 1876 Journal, 499, 510. 1876. Illegal Voting* at election. Where an illegal vote is cast at the election of an officer, it not appearing 'that the illegal vote was cast for the brother declared elected, the election cannot be set aside on the ^ound of such illegal vote. — 1878 Journal, 829, 946, 974; 1893 Journal, 358. 1876. Must be an election to fill vacancy. The Noble Grand having resigned his position, the Vice-Grand does not 462 OFFICERS OF SUBORDINATE LODGE. take the office by virtue of his being Vice-Grand. There must be an election to fill the vacancy. The Vice-Grand is not qualified unless he have previously served a term as Vice-Grand or the required part of a term, or unless all qualified brothers refuse to serve and a dispensation be granted. — 1882 Journal, 736, 844, 879, 1877. Noble Grand and casting" vote. In cases of elec- tion of officers in Subordinate Lodges, the Noble Grand has not the casting vote in case of a tie, unless the Lodge have some clearly expressed By-Law conferring the power in such cases. — 1882 Journal, 739, 844, 879. 1878. Where blank ballots appear. Where there is but one candidate in nomination for an office, and on successive ballots a majority of blank votes are cast, it is not competent for the Noble Grand to declare the Lodge open for new nomi- nations, and then proceed to an election on the same evening. He can receive such nominations after all the other officers are elected, but the ballot cannot be had until the next regular meeting of the Lodge, without a dispensation. Blank votes are to be counted when there is but one candidate in nomination, the same as if there were several candidates. — 1882 Journal, 737, 844, 879. 1879. Non-beneficial members. Non-beneficial mem- bers may hold office.— 1896 Journal, 415, 588, 629. 1880. Charg-es pending*. An officer, during the pendency of charges against him, has the right to discharge the duties of his office at all times, when, if Noble Grand, his case be not under action. — 1858 Journal, 394, 395. 1881. Lodg'e may pass resolutions prescribing" duties. A Subordinate Lodge has the right to pass resolutions (com- monly called standing resolutions) defining and imposing new duties on the elective and appointed officers of the Lodge, and to be enforced as law, without submitting the same to the Com- mittee on Laws of Subordinates; provided, they do not in any way contravene the Constitution or By-Laws of the Subordin- ate Lodge, or the Constitution, By-Laws or Regulations of the OFFICERS OF SUBORDINATE LODGE. 463 Grand Lodge, or of the Sovereign Grand Lodge. — 1878 Journal, 934, 936, 970. 1882. Officers are merely executive agents. The offi- cers of a Lodge are not the Lodge, but are its executive agents. -1877 Journal, 711, 712, 713, 714, 715; 1883 Journal, 1130, 1173. 1883. Resig'nation. A Noble Grand cannot accept the resignation of an elected officer after the Lodge has refused to accept the same. — 1858 Journal, 383, 384. Note.— The resignation of an offi- he does not forfeit his right to his cer after serving but a portion of his portion of the salary— (1848 S. G. L. term, has the effect of forfeiting that Journal, 1198, 1245; 1854 S. G. L. officer's honors of the term; but if Journal, 2268, 2328; 1873 S. G. L. there be a salary attached to the office, Journal, 5834, 5877). 1884. Resig'nation. An officer or officer-elect may tender liis resignation as such at any time. — 1897 .Journal, 1034, 1055. 1885. Resig'nation may be verbal. A tender of resig- nation by an officer, verbally, if accepted by the Lodge, is a legal resignation.— 1889 Journal, 33, 122, 163. 1886. Candidates on second ballot. A limitation of candidates on the second ballot, by the By-Laws of the Lodge, to the two candidates having the highest vote on the first bal- lot, renders all votes cast for other candidates void. — 1860 Journal, 26. 2. NOBLE GRAND. 1887. Duties and powers. It shall be the duty of the Noljle Grand to preside at all sessions of the Lodge, and enforce a due observance of the Constitution and By-Laws; to see that all officers, members and committees of the Lodge perform their respective duties, as enjoined by the several charges and laws; to appoint all officers and committees not otherwise pro- vided for; he shall not be entitled to vote,excei)t at the election of officers and when balloting for candidates; when the mem- bers are equally divided on other questions, he shall give the casting vote, excepting in cases of appeal from his decision; he Khali inspect and announce the result of all ballotings, or other 464 OFFICERS OF SUBORDINATE LODGE, votes by the Lodge; sign all orders drawn by the Recording Secretary on the treasury for moneys legally voted, and previ- ous to closing, require the Financial Secretary to read the receipts of the evening, and ask the Treasurer if he has received the same. He shall, also, on the evening of installation, appoint a Finance Committee to serve for the term, consisting of three members not having charge of the Lodge funds. — Con- stitution Subordinates, Art. VII, Sec. L 1888. May remove suspended membep by force. The Noble Grand has a right to cause a member under suspension, who at the hour of opening the Lodge refuses to retire and re- mains in the Lodge room, to be removed therefrom by force. — 1870 Journal, 256, 282. 1889. Removing" brother for disreg-arding* authority. The Noble Grand has the right to order a brother to be removed from the Lodge room for disregarding his authority upon a point of order, but such power should be exercised only in ex- treme cases.— 1872 Journal, 682, 690. 1890. Key to Secretary's desk. The Noble Grand of a Lodge should have a key to the Secretary's desk, in order that the business of the Lodge may be carried on in the absence of the Secretary. 1891. Committee to correct misconduct, etc., of brother. The Noble Grand of a Lodge has no right to appoint a Com- mittee on the Good of the Order, whose province it is to look after the welfare of the Lodge, and, with kindly advice, correct any misconduct of the members of the Order. — 1896 Journal, 410, 581,628. 1892. Power to excuse Noble Grand for absence is in Lodg'e. The authority to excuse a Noble Grand for absence lies in the Lodge, unless the By-Laws otherwise direct. — 1867 Journal, 339, 350. 1893. To lay motion over. A motion to donate a brother absent in the East two dollars for the purpose of keeping him in the Lodge, is proper, and the Noble Grand has no right to declare the motion as one for an unwarrantable expenditure. OFFICERS OF SUBORDINATE LODGE. 465 and lay the motion over for two weeks. — 1871 Journal, 461, 479. 1894. Illegfal order for donation. Where the Noble Grand of a Lodge ruled correctly that a donation must be made under a certain section of the By-Laws of his Lodge, and that no more than ten dollars could be given until a Committee of Investigation had reported to the Lodge, and' on appeal from his decision, the Lodge overruled the same, and a donation of thirty dollars was ordered, and an order therefor ordered drawn on the Treasurer, the Noble Grand is justified in refusing to sign the order, as the donation was in direct violation of the Lodge's By-Laws.— 1889 Journal, 29, 30, 144, 145, 167. 1895. Constitution of Subordinates. He has no power to set aside any part of the Constitution of his Lodge. It is binding on him and the Lodge until repealed or amended. — 1867 S. G. L. Journal, 4069, 4187, 4201. 1896. Duty to preside. At all meetings of the Lodge the Noble Grand, or in his absence, the Vice Grand must pre- side; but the presiding officer may call some experienced Past Grand to the chair for the purpose of conferring the degrees. In the absence of both Noble Grand and Vice Grand, a Past Grand may preside, the senior Past Grand present being en- titled to the preference. — 18681 Journal, 413, 527. Note,— The Noble Grand, or Vice chair must be filled as provided in Grand acting as Noble Grand, has no the charge book. — (1856 S. G. L. power to waive his right to preside. Journal, 2676). The Noble Grand and place a Past Grand in the Noble has the right also to invite a Past <»raud'H chair during the presence in Grand to occupy the chair during in- the Lodge room of either the Noble itiation or the conferring of degrees, or Vice Grand. This, however, does or upon occasion of Grand Visita- not apply to a temporary absence tions.— (1863 S. G. L, Journal, STAO; during a portion of a Lodge meeting, 1867 S. G. L. Journal, 4070, 4187, of these officers, in which case the 4201). 1897. Who to preside. At the installation of officers, all the officers were installed except the Noble Grand-elect. At the next meeting the retiring Noble Grand should preside, for he holds office until the installation of his successor. — 1897 Journal, 845, 994, 1034. .30 466 OFFICERS OF SUBORDINATE LODGE. 1898. To acknowledge a brother. A Noble Grand may^ if he so choose, arise to acknowledge a brother. — 1875 Journal, 291, 295. 1899. Addressing^ the chairs. Brothers, on entering a Lodge-room, may wait for others to enter, and proceed with them to address the chairs, or they may advance and address the chairs individually. Whether brothers may thus wait i& left to the discretion of the presiding officer. There must be- reasonable dispatch by the members in addressing the chairs. Ritual; 1896 Journal, 412, 581, 628. 1900. Should address the chair. The officers of a Sub- ordinate Lodge, when retiring, either for initiation or for con- ferring degrees, should address the chair. — 1893 Journal, 276^ 391, 421. 1901. When may retire without addressing^ chair. When a Lodge has been closed in one degree and not yet opened in another degree, brothers may retire without address- ing the chair.— 1896 Journal, 411, 581, 628. 1902. Addressing" brothers. There is no law compelling the Noble Grand or the Vice-Grand to arise and address brothers as they enter the Lodge-room. It is a matter of courtesy and custom, and Lodges are recommended to observe- it.— 1896 Journal, 407, 581, 628. , 1903. Action or decision of Noble Grand acquiesced in. The action of a Noble Grand rescinding and annulling the action of a Lodge and declaring a candidate elected, if ac- quiesced in by the Lodge, becomes the action of the Lodge. If the opinion or decision of the presiding officer be acquiesced in,, it stands as the judgment of the Lodge and is to be enforced and executed accordingly. The opinion of the presiding officer is considered as acquiesced in and an appeal therefrom not reasonably taken when any parliamentary proceedings are allowed to take place afterward. When this takes place the presiding officer has not the right to annul or rescind its action. The Lodge only possesses the power to annul or rescind. —1877 Journal, 711, 715, Barnet vs. San Lorenzo Lodge, 1883 Journal, 1129, 1173. OFFICERS OF SUBORDINATE LODGE. 467 1904. When appeal should be taken from action of Noble Grand. Each regular meeting of a Lodge is a session. At a subsequent session of the Lodge it is not in order to take an appeal from the previous decision or announcement of the Nobl(? Grand to the Lodge and reverse the Lodge's action and declare the brother reinstated. The decision or announcement of the Noble Grand acquiesced in by the Lodge at the session in which it was made, becomes the decision, announcement and action of the Lodge. — In the matter of the appeal of John Gouldson, Past Grand, 1892 Journal, 73, 91. 1905. May call Past Grand to chair. A Noble Grand may call a Past Grand to his chair during initiation while the Noble Grand and Vice-Grand remain present. — 1858 Journal, 393; 1864 Journal, 515. 1906. Duty of Noble Grand where Vice-Grand is ab- sent. In the absence of the Vice-Grand of a Lodge, the Noble Grand has no right to call the Vice-Grand of another Lodge to the chair of that office when there are qualified members of his own Lodge present. — 1864 Journal, 536, 562. 1907. When Right Supporter in chair, how addressed. When a Noble Grand vacates his chair, and his Right Sup- porter takes it temporarily, the Right Supporter should be ad- dressed as Noble Grand and the Noble Grand as Brother A. — 1893 Journal, 277, 391, 421. 1908. Must put all questions of appeal. The Noble Grand must put all questions of appeal from his decisions the same as other questions. When an appeal is taken from a decision of the Noble Grand of a Lodge, the Lodge has not a right to require the Vice-Grand to state the question on appeal. 1873 Journal, 894, 901. Note. — A Noble Grand has no right the Lodge has nothing to do with to refuse to put any legitimate ques- the matter— (1871 S. G. L. Journal, tion to his Lodge. His differing with 4JI92, 5194, .5245). 1909. No right to refuse to put certain question. The Noble Grand has no right to refuse to put a question to grant a brother sick benefits, when such brother has been regu- 468 OFFICEKS OF SUBORDINATE LODGE. larly reported and a member of the Visiting Committee has in open Lodge recommended the payment of the same, unless the By-Laws provide otherwise. — 1873 Journal, 894, 901. 1910. Duty to instruct Secretary to record appeals. It is the duty of the Noble Grand to instruct the Recording Secretary to enter all appeals in full upon the record. — 1861 Journal, 195, 196. 1911. No power to order Secretary to affix seal. The Noble Grand has no power to order the Recording Secretary to affix his seal to any paper. He may advise him, but the Re- cording Secretary is the sole custodian of the seal and he is only bound to obey the orders of the Lodge. — 1872 Journal, 576, 665, 684. 1912. Noble Grand must perform his duty or suffer penalty. When the Visiting Committee report a brother sick a full week, and unable to follow his usual occupation, and he is in good standing, a motion to allow the benefit prescribed is in order, and must be entertained by the chair. The sick brother cannot be made to suffer for the non-performance of a duty imposed on the Noble Grand, but the Lodge may enforce the penalty against the Noble Grand for such failure. — Fox vs. lone Lodge, 1879 Journal, 25, 106, 128. 1913. Power to compel members to vote. When a motion is pending before the Lodge, all members entitled to vote must do so, unless excused by the Lodge, and the Noble Grand has the authority to compel the brothers to vote, unless so excused.— 1881 Journal, 502, 601, 627. 1914. Conferring" degrees. Neither the Noble Grand of a Lodge nor the Degree Master of a Degree Lodge has the right or power to confer a higher degree upon a brother who has not received the lower degree. — 1881 Journal, 612, 628. 1915. Not to show result of ballot. It is improper for the Noble Grand to show his Supporters the result of the ballot.— 1882 Journal, 736, 844, 879. 1916. Order for password. The Noble Grand cannot issue an order for the password for a brother, except for the t I OFFICERS OF SUBORDINATE LODGE. 469 members of his own Lodge, although he know the brother to be entitled to the same by having already imparted it to him upon an order. — 1882 Journal, 741, 844, 879. 1917. No power to send order for Semi-annual pass- word by teleg'raph. The Noble Grand has no power to send an order for the Semi-annual password by telegraph, to be com- municated to a brother, and the Noble Grand addressed would not be justified in communicating it upon such order, even if the brother could pass the necessary examination. — 1879 Jour- nal, 100, 110. 1918. No power to admit Encampment, wlien. The Noble Grand of a Lodge has no right to admit to the Lodge- room, Encampment members visiting as an Encampment and wearing Encampment regalia. — 1877 Journal, 581, 675, 697. 1919. Committees on charges, candidate and benefit investig'ation. The Noble Grand or officer acting as such appoints the majority of such committees. — Constitution Sub- ordinates. — Art. VI, Sec. 10, and Art. IV, Sec. 5. 1920. Manner of taking- vote. Although in the dispatch of business, a vote need not be taken upon every question, the presiding officer may announce the decision "if there be no objections." And if no objections appear it is acquiesced in by the Lodge and becomes its judgment, otherwise, the question must be submitted to a vote of the Lodge. — 1862 Journal, 305; 1883 Journal, 1130, 1173. 3. VICE-GRAND. 1921. Duties. The Vice-Grand shall assist the Noble Grand in the performance of his duties; under his direction have ch;irge of the dcx)r; preside over the Lodge in the absence of the Noble Grand; shall examine and ascertain the condition of the ballot in all cases where the vote is required to be taken by ball bal- lots; and perform all other duties required by the charges and usages of the Order. — Constitution Subordinates, Art. VII, Sec. 2. Note.— The Vice-Grand appoints his own supporters.— (1852 S. G. L. Journal, 1887, 1949.) 470 OFFICERS OF SUBORDINATE LODGE. 1922. Vice-Grand and charge of the door. The Vice- Grand is directed by the Noble Grand to take charge of the door at the opening of each session of the Lodge; or, at the beginning of the term, to have charge of it during the term, if the Noble Grand should so direct and the usage of the Lodge should so warrant.— 1896 Journal, 407, 588, 629. 1923. Must take Noble Grand's chair in his absence. In the absence of the Noble Grand the Vice-Grand has no right to invite a Past Grand to take the Noble Grand's chair, except in case of initiation or conferring degrees, but must do so him- self.— 1861 Journal, 187, 188; 1864 Journal, 515. 1924. Noble Grand's charge. The Vice-Grand can give the Noble Grand's charge at initiation. — 1894 Journal, 603, 731,771. 1925. When may communicate password. The Vice- Grand, when authorized by the Noble Grand, may communi- cate the password, or during the Lodge meetings when officiating as Noble Grand,butnototherwise.— 1878 Journal, 822, 928, 965. 1926. Passwords. It is legal for the Vice-Grand acting as Noble Grand of a Lodge to give the term password to ini- tiates or the traveling password to a brother in good standing when required.— 1883 S. G. L. Journal, 9159, 9324, 9442. 4. RECORDING SECRETARY. 1927. Duties. The Recording Secretary shall keep accu- rate minutes of Lodge proceedings, endorse and file all papers and documents pertaining to Lodge transactions, issue, sign and attest, when required by the Lodge or the laws and usages of the Order, all cards, certificates, drafts and other official documents, and affix thereto the Lodge seal, which shall be in his charge and keeping, number serially and file all communi- cations from the Grand Master or Grand Secretary, and enter an abstract thereof and the number on the minutes; make out (with the assistance of the Financial Secretary, if any) the term and relief reports, give, without vote, to any qualified brother, a certificate erf his standing in the Lodge, to enable OFFICERS OF SUBORDINATE LODGE. 471 him to join an Encampment or a Rebekah Lodge, give the notice required by Section 8, of Article VIII, of this Constitu- tion, endorse on propositions for membership the names of the Committee of Investigation, and notify them of their appoint- ment, notify persons elected to membership when to appear for initiation or admission, keep a roll of the members, with a re- -cord of the degrees and rank they have attained, shallj at the time of installation of the officers, send to each member of the Lodge residing aioay from the Lodge {and who may he entitled to the Jiame)y an order for the semi-annual password, and perform such other duties as are or may be required by the laws, charges and usages of the Order. He may receive such compensation for his services as the Lodge may determine. — Constitution Sub- ordinates, Art. VII, Sec. 3. 1928. To infopm Secpetaries of Rebekah Lodges. It shall be the duty of each Secretary of a Subordinate Lodge who has been notified by the Secretary of a Rebekah Lodge that a member or members of his Lodge are members of such Rebekah Lodge, to inform the Secretary of said Rebekah Lodge -without unnecessary delay of the withdrawal by card, drop- ping, suspension, expulsion or reinstatement of any such mem- ber.— 1897 S. G. L. Journal, 15555, 15616. 1929. Secretary's term of office. Subordinate Lodges are authorized to make the Secretary's term of office one year instead of six months.— 1891 Journal, 693, 694, 716. 1930. Warrant book. The Recording Secretary is the officer entitled to the custody of the warrant book. — 1894 Jour- nal, 720, 721, 739. 1931. Absence and roll call. The Secretary should not note a brother present who enters the Lodge-room after roll rail.— 1894 Journal, 605, 731, 771. 1932. District Deputy Grand Master and elections of officers. There is no law requiring the Secretary to notify the District Deputy Grand Master that the officers of the Lodge have been elected. A verbal notice is as good as a written one. —1893 Journal, 277, 391, 421. 472 OFFICERS OF SUBORDINATE LODGE. 5. FINANCIAL SECRETARY. 1933. Permanent Secretary. This officer is hereafter to be designated Financial Secretary. — 1897 S. G. L. Journal, 15594, 15631. 1934. Duties. The Financial Secretary (or Secretary,, should there be no Financial Secretary), shall keep just and true accounts between the Lodge and its members^ or others, in a regular set of books, including ledger, journal, receipt and cash books, and such others as may be required by the Lodge, and the laws and usages of the Order. And he shall give each member credit for money when paid to him, and the brother's credit and standing shall date from such payment. He shall also keep a book in which the residence of each member is re- corded and in which he shall note any change of the same. He shall receive and receipt for all money due the Lodge. He shall pay the same to the Treasurer at each Lodge meeting. He shall give the notices required by Section 1 of Article VIII of this Constitution, and shall keep a copy of the same, or the substance thereof, with the date, on a stub to be retained by him in a book prepared for that purpose; endorse cards of vis- itors; during the months of June and December of each year, and previous to the las.t meeting of said months, notify each member who is in any way indebted to the Lodge, of the state of his account; assist the Recording Secretary in making his term reports and render to the Lodge at the closing of each term, an abstract of all accounts on the Lodge books, together with the receipts and expenditures of the term. He shall also furnish at each election a list of members entitled to vote to the Noble Grand; under his direction call the same, and perform such other duties as may be required by the Lodge and the laws and usages of the Order. The Financial Secretary may receive such compensation for his services as the Lodge may determine. — Constitution Subordinates, Art. VII, Sec. 4. 1935. Rents due to a Lodg*e. The Financial Secretary or Secretary should collect the rents for a Lodge, unless the By-Laws provide differently.— 1894 Journal, 731, 732, 771. 1936. An account of moneys sent to Grand Lodge. Financial Secretaries of Subordinate Lodges^ or the Secretaries OFFICERS OF SUBORDINATE LODGE. 473 of Lodges which have no Financial Secretaries, are required to have an account in their ledgers in which shall be kept entered all sums sent to the Grand Lodge, either through the District Deputies or to the Grand Lodge direct. — 1896 Journal, 566. 1937. Duty to chargre up funeral assessments. When the By-Laws of a Lodge provide a " funeral assessment '' of a certain amount on the death of a member, the same must be assessed against each member in proper cases, and it is the duty of the Financial Secretary to charge it to the account of each member. An order to that effect may be made by the Noble Grand, but it is unnecessary. The amount must be assessed in such cases whether there be funds or not in the "Funeral Benefit Fund" of a Lodge.— 1883 Journal, 1002, 1150, 1175. 6. TREASURER. 1938. Duties. The Treasurer, prior to installation, shall give a joint and several bond, payable to the Trustees, in trust for the Lodge, in the sum of not less than one thousand dol- lars, with two or more sureties, for the faithful performance of his duty; receive from the Financial Secretary, each Lodge night, the money in his hands; pay all orders drawn on him by the Noble Grand by authority of the Lodge, and attested by the Recording Secretary under the seal thereof; give, when requested by the Noble Grand, a statement, in writing, of money on hand; report at the first meeting in each month the receipts and expenditures of the preceding month, with balance on hand; at the last meeting of each term report the term receipts and expenditures, and exhibit vouchers, and have his books written up for examination by the Finance Committee within twenty-four hours thereafter. — Constitution Subordi- nates, Art. VII, Sec. 5. 1939. Cannot borrow or use Lodg-e funds or be surety. A treasurer shall not be permitted to borrow or use any funds of the Lodge, or become surety for the same. — Constitution Subordinates, Art. VI, Sec. 14. 1940. Monthly reports. The Treasurer of a Subordinate Lodge is required to make monthly reports in writing as pro- 474 OFFICERS OF SUBORDINATE LODGE. vided in Section 5, Article YII, Constitution of Subordinates. They need not be itemized reports, as there is no uniform method prescribed for book-keeping. The reports may be disposed of by motion, or, when not objected to, by order of the Noble Grand. —1890 Journal, 316, 407, 417, 436. 7. OTHER OFFICERS. 1941. Acting" Past Grand. The acting Past Grand shall attend all regular meetings, deliver the charge of his office and act as Outside Conductor when required by the Noble Grand. Constitution Subordinates, Art. VII, Sec. 10. 1942. Need not perfopm duties of Chaplain. A Lodge has no right to make it obligatory upon the Junior Past Grand to perform the duty of Chaplain of his Lodge. — 1855 S. G. L. Journal, 2490, 2508; 1856 Journal, 179. 1943. He is not strictly an Officer and cannot be fined. The Junior Past Grand is not strictly an officer of the Lodge and he cannot be fined for non-attendance, but it is his duty to occupy the chair of the Past Grand for one term and deliver the Past Grand's charge to candidates at initiation. — 1864 Jour- nal, 487, 504, 536, 565. (See Representatives). 1944. Chaplain. The Noble Grand may appoint a Chap- lain, who shall open and close regular meetings with prayer, and perform such other appropriate duties as the Lodge may direct. — Constitution Subordinates; Art. VII, Sec. 9. 1945. Outside Guardian. The Outside Guardian, in addi- tion to the duties of his office, shall, under the Warden, take care of the regalia and Lodge-room, and may receive such com- pensation for his services as the Lodge may determine. — Consti- tution Subordinates, Art. VII, Sec. 8. 1946. Outside Guardian and member without pass- word. A member applying at the outer door for admission, without the semi-annual password, should not be admitted by the Outside Guardian without first reporting the name of the member to the Noble Grand.— 1886 Journal, 535, 620, 646. OFFICIAL CERTIFICATES. 475 1947. The same— Visitor with card. The Outside Guar- dian has no right to admit a member who is without the semi- annual password until instructed to do so by the Noble Grand, except he be a visiting brother with a card. — 1889 Journal, 35, 122, 163. 1948. Past Grand occupying* chair and motions. A l^ast Grand occupying the chair of the Noble Grand during that officer's temporary absence, can receive and put a motion when the Vice-Grand is present. — 1877 Journal, 581, 675, 697. 1949. Scarlet Deg^ree member may act as Vice-Grand. In a Vice-Grand's absence, or his serving as Noble Grand for the night, a Scarlet Degree member may be appointed to fill the Vice-Grand's chair, provided there be no qualified Past Grand or Past Vice-Grand present, but no initiation can occur. — 1860 Journal, 50, 51. 1950. Right Supporter to Noble Grand presiding*. The Right Supporter to the Noble Grand, while occupying the chair of the Noble Grand during his temporary absence, has the power to decide points of order, to entertain motions, to put questions and declare the result. — 1881 Journal, 575, 600, 625. 1951. Rig-ht Supporter to the Vice-Grand. In the ab- sence of all Past Grands and P^st Vice-Grands who are mem- bers of the Lodge, the Right Supporter to the Vice-Grand may fill the Vice-Grand's chair when that officer is called to the chair of the Noble Grand, notwithstanding there are visiting Past Grands present; but he cannot act as Vice-Grand during an initiation.— 1881 Journal, 503, 601, 627. 1952. Warden. The Warden shall canvass all votes, when directed by the Noble Grand, and perform the other duties of his office. — Constitution Subordinates, Art.VII, Sec. 7. (See Trustees). OFFICIAL CERTIFICATES. 1953. How designated. Hereafter the official receipt, which has sometimes been called the universal receipt and sometimes the visiting certificate, shall be designated the offi- 476 OFFICIAL CERTIFICATES. cial certificate, and shall be issued in all cases where members pay moneys (dues and assessments, etc.) to Subordinate Bodies, and shall request a receipt. — 1897 S. G. L. Journal, 15561, 15563, 15616; 1896 S. G. L. Journal, 14953, 15067. 1954. The official certificate. Such certificate is uni- versal throughout all the jurisdictions on this continent, and is to be used as the only legal receipt for dues, assessments, fees, etc., by all Lodges, Encampments and Rebekah Lodges. The privilege of visiting in another jurisdiction will be accorded the holder of such certificate to the date to which dues are paid, upon proving the genuineness of his signature thereon, giving the proper password and upon examination. Sick or funeralbenefits or pecuniary aid are not authorized by such certificate.— 1897 S. G. L. Journal, 15561, 15165, 15174, 15584, 15584, 15613, 15616, 15663; 1896 S. G. L. Journal, 14953, 15067. 1955. How issued and sig-ned. The official certificate shall be issued by and signed by the Financial Secretary of Subordinate Lodges, if there be one, the Financial Scribe, if there be one of Encampment, or the Secretary of Rebekah Lodge, attested by the seal of the Body issuing the same. If Lodge have no Financial Secretary the certificate shall be signed by the Secretary, and if an Encampment have no Financial Scribe, shall be signed by the Scribe. 1897 S. G. L. Journal, 15165, 15534, 15584, 15613. 1956. Official certificate like a card. The holder of an official certificate shall be considered to hold a proper card, as required under Article XVI, Section 1, of the Sovereign Grand Lodge Constitution.— 1896 S. G. L. Journal, 15067, 15068, 1495L 1957. Should be sig-ned in presence of officer. Official certificates should be signed by the holder thereof in presence of the officer by whom the Annual Traveling Password or An- nual Password is communicated. — 1897 S. G. L. Journal, 15561, 15616. 1958. Payment of dues in advance and Annual Trav- eling' Password. A brother must pay dues in advance in ORDER, RULES AND QUESTIONS OF. 477 order to visit on an official certificate, and when a brother pays dues in advance and receives an official certificate he is entitled to receive the Annual Traveling Password; and in case of the absence of the brother paying dues in advance a duly ac- credited order for Annual Traveling Password shall accompany the certificate. When a brother pays part of his arrears, or pays dues to date, he is not entitled to the Annual Traveling Password.— 1897 S. G. L. Journal, 15165, 15174, 15534, 15584, 15613. 1959. When official certificate to be given. When a brother pays his dues and does not desire a receipt, the Secre- tary is not required to issue the certificate. If a brother pays his dues every meeting night in the year he can demand an official certificate each time. An ordinary receipt is illegal. No other form of receipt for dues can be used than the official certificate, and the Lodge must furnish them, free of charge, when dues are paid.— 1897 S. G. L. Journal, 15165, 15666, 15174, 15534, 15984, 15613. 1960. Printing" official certificates. A Grand Lodge has no right to print such certificates; the Sovereign Grand Lodge has the exclusive right.— 1897 S. G. L. Journal, 15166, 15534, 15584, 15613. 1961. Official certificate. (See Form No. 65 of the Forms affixed to this Digest.) (See Receipt; Visitors and Visiting; Membership). ORDER, RULES AND QUESTIONS OF. 1. Grand Lodge, page 477. 2. Subordinate Lodge, page 479. 1. GRAND lodge! 1962. May establish rules of order and suspend the same. The Grand Lodge may, in like manner, make such rules of order as may be necessary for the regulation of its ses- sions, and for securing good order and the dispatch of business. Such rules of order may be suspended at any meeting by a two- 478 ORDER, RULES AND QUESTIONS OF. thirds vote; provided, that such suspension shall not extend beyond the meeting which voted therefor. — Constitution Grand Lodge, Art. XIII, Sec. 2. 1963. Grand Master to preserve order. The Grand Master shall preside at all sessions of the Grand Lodge, and preserve order therein, and enforce a due observance of the Con- stitution and By-Laws of the Sovereign Grand Lodge and of this Grand Lodge. — Constitution Grand Lodge, Art. IV, Sec. 1. 1964. Questions and decisions of order and appeal from Grand Master. All questions of order, and all decisions made by him on any point growing out of the Constitution or By-Laws of this Grand Lodge, shall be subject to appeal from his decision to the Grand Lodge; and it shall be his duty to put the question on all such appeals to the Grand Lodge. — Consti- tution Grand Lodge, Art. IV, Sec. 1. 1965. Appeals debatable. On an appeal from the deci- sion of the chair (the Grand Master), the question is debatable. —1856 Journal, 187. 1966. Vote by ayes and nays. When five of the mem- bers call for a vote by ayes and nays, or when the same are in this Constitution required to be taken, they shall be so taken and recorded on the journal. — Constitution Grand Lodge, Art. VII, Sec. 1. 1967. When ayes and nays are called, no motion is in order. A motion to permit a representative to address the Grand Lodge on the subject then pending, is not in order when the ayes and nays are called. When the ayes and nays are called, no motion is in order. — 1863 Journal, 423. 1968. Amendments to Subordinate Constitution. All proposed amendments to the Constitution of Subordinates shall contain the section or sections which it is proposed to amend, written out in full, as proposed to be amended. — 1862 Journal, 293. 1969. Certain resolutions expire with the session. All resolutions laid on the table and not acted upon before the ORDER, RULES AND QUESTIONS OF. 479 close of the session of the Grand Lodge at which they are pre- sented, expire with the session, and would have to be renewed at a subsequent session before any action could be had thereon. 1864 Journal, 561, 562. 1970. Acceptance of substitute. After a substitute has been accepted by the Grand Lodge, in place of a report of a committee, further action oh the report would be out of order, without first reconsidering the vote by which the substitute was adopted.— 1861 Journal, 202. 1971. The same. When a substitute is adopted in place of an amendment, it is not necessary to take action on the amendment. — 1862 Journal, 287. 1972. Rules of Order of Grand Lodg^e. The Rules of Order established by the Grand Lodge are prefixed to this Digest, page 50. (See Regalia; Ballot and Voting). 2. SQBORDINATE LODGE. 1973. Motions from chair of Noble Grand. No mem- ber shall receive or put any motion from the chair of the Noble Grand, unless he be a present or past Noble Grand or Vice- Grand, except that the Right Supporter to the Noble Grand, when occupying the chair of the Noble Grand temporarily, may entertain a motion, put the question and declare the re- sult. — Constitution Subordinates, Art. X, Sec. 1. 1974. Question and vote. No question can be stated or put to vote except from the chair of the Noble Grand. — 1869 Journal, 14, 125, 126, 127. 1975. Motion put by Vice-Grand. A Vice-Grand cannot put a motion while occupying his chair. All motions must be put from the chair of the Noble Grand. — 1892 Journal, 13, 112, 127. 1976. Appeals. The Noble Grand must put all questions of appeal from his decision the same as other questions. — 1873 Journal, 894, 901. 480 ORDEE, RULES AND QUESTIONS OF. 1977. Point of order ag-ainst a Noble Grand. Where a point of order is raised against a Noble Grand, the Noble Grand should decide it. — 1875 Journal, 291, 295. 1978. Presiding^ officer must be obeyed. The presiding officer must always be obeyed. If his decision should be con- sidered arbitrary or erroneous, the legitimate way of obtaining redress is by appeal. — 1860 Journal, 38. 39. 1979. Noble Grand and debate. The Noble Grand can- not put his Right Supporter in the chair to enable him to take part in the debate. The Noble Grand may put the question after he has taken part in the debate. — 1870 Journal, 188, 255, 287. 1980. Appeal from decision of the chair. All rules of order of Subordinate Lodges within this jurisdiction, impair- ing the right of any brother to appeal from the decision of the Noble Grand to the Lodge, by requiring the concurrence of two or more brothers in taking an appeal or otherwise, are null and void. The right of appeal from the ruling of the Noble Orand to the Lodge, is essential to the maintenance of the privileges of the brother aggrieved by such ruling. — 1866 Jour- nal, 198, 214. 1981. Governed by parliamentary rules. Lodges are to be governed by parliamentary rules in all actions not pro- vided for in the written work or laws of the Order, or not reg- ulated by some law or rule of order. — 1861 Journal, 127, 176, 177. 1982. Improper motions. Brothers should have suf- iicient respect for the Order, for their Lodge and for themselves not to offer or adopt an undignified and unparliamentary motion. — St. Helena Lodge vs. Kester, 1878 Journal, 885, 913. 1983. Motion during* reading" of minutes. A motion made during the reading of the minutes to reconsider a motion passed at the last meeting of the Lodge is out of order, unless the Lodge shall have suspended the reading of the minutes by a motion regularly made and carried. — 1884 Journal, 19, 116, 153. ORDER, RULES AND QUESTIONS OF. 481 1984. Motion to reconsider. Where there is no special rule on the subject a motion to reconsider may be made at any time or by any member precisely like any other motion and subject to no other rules. — 1884 Journal, 23, 116, 153. 1985. The same. Where there is a rule of order to this effect, that ** after any question, except one of indefinite post- ponement has been decided, any brother who voted in the majority may at the same time or next regular meeting move for a reconsideration thereof," and a motion which requires a two-thirds vote is put and lost, a majority however, voting for the motion, any one of said majority may move a reconsidera- tion under the rule, although in this case the majority is not the prevailing side. — Osgood vs. Sierra Lodge, 1884 Journal, 23, 128, 154. 1986. Two resolutions adopted at one time. If two resolutions be adopted at one and the same time, no objection being made, the adoption is valid. — Armstrong vs. Fidelity Lodge, 1892 Journal, 75, 91. 1987. Vote upon amended motion. Where a motion is pending before a Lodge to appropriate $50, and it is moved to amend by inserting $100, and the amendment is adopted, it is then necessary to vote upon the motion as amended. — Briggs vs. Gilroy Lodge, 1873 Journal, 563, 653. 1988. Noble Grand can declare motion out of order. The Noble Grand is justified in declaring a motion out of order when the Constitution strictly forbids the proceeding proposed by such motion, even though a dispensation had been granted therefor, but he cannot refuse to entertain an appeal to the I^dge from his decision. — 1857 Journal, 270, 274. 1989. Rule of Order fixing" fine— void, when. A rule of order authorizing the Noble Grand fur the purpose of preser- ving order, to impose a fine, is unconstitutional and void. Fines and penalties must be prescribed by the By-Laws. — 1886 Journal, 609. 1990. Committee out examining candidates. Lodges mav o])en under another order of business when a committee is 31 482 ORDER FOR PASSWORD-ORPHANS. out examining candidates for initiation or admission, if the By- Laws do not prohibit it. — 1871 Journal, 525, 545. 1991. Offending" against Rules of Order— charg-es. Any member who offends against the rules of order of the Lodge is liable to charges and punishment.— Constitution Subordinates, Art. VIII, Sec. 2. 1992. The rig^ht of debate, etc., and Noble Grand. The presiding officer of a Lodge has no right, unless asked by the members, to take anj^ part in the debate, or express his opinion, or use his influence in any way when a motion is before the Lodge, unless he call to the chair some competent and qualified brother, and take the floor to speak upon the question the same as any other brother.— 1857 Journal, 264; 1858 Journal, 394. 1993. Noble Grand vacating* chair to address Lodg-e. A Noble Grand has the right to vacate his chair for the purpose of addressing the Lodge, and it is lawful for him to take part in debate, whether requested by the Lodge, or not, provided j he vacate the chair; unless prohibited by the By-Laws or Rules of Order of his Lodge.— 1881 Journal, 575, 600, 625. (See Good of the Order; Committee of the Whole; Regalia; Ballot, and Voting). ORDER FOR PASSWORD. (See Password). ORDER ON TREASURER. (See Draft). ORPHANS. 1994. Orphans' fund. The Lodge may provide by its By-Laws for a widow's, orphans' and educational fund. — Con- stitution Subordinates, Art. IV, Sec. 1. 1995. Orphans of brothers in arrears. The rights of orphans of deceased brothers survive or perish with the brother's rights, as they derive their benefits through the membership and good standing of the father. So must the benefits end ORPHANS' HOME. 483 with his ceasing to be a member of the Order, or of his ceas- ing to be a member in good standing. — Bohn vs. Harmony Lodge, 1872 Journal, 560, 652; Appeal of J. Levy, 1874 Jour- nal, 115, 116, 16. 1996. The same. The children of a deceased brother who, at the time of his death, was in arrears for dues more than twelve months, are not entitled to any consideration as a right, but the Lodge may extend its aid by donation or other- wise, if the circumstances, in the judgment of the Lodge, justify such action. — 1872 Journal, 657, 677. 1997. Marriag-e of widow. When the widow of an Odd Fellow marries, the relation of the Lodge towards her children by her former husband is not changed; and the Lodge must take care of them if they be in need. — 1866 Journal, 134, 219, 230. 1998. Care of orphans. A Lodge is not relieved from responsibility to care for the orphan children of a deceased member of the Lodge, for the reason that they are removed to a distance from the Lodge by their mother, an unworthy woman.— 1876 S. G. L. Journal, 7059, 7083. 1999. Orphans' fund cannot be diverted. A Subor- dinate Lodge has no right to merge its orphan fund into the general fund, as they are trust funds donated for a specific purpose, and cannot be thus diverted from the purpose for which they were created. A State Grand Body cannot author- ize this to be done. Such fund may be appropriated for an Orphans' home for children of Odd Fellows.— 1870-1885 S. Q. L. .Journal, 4875, 4897, 9976, 10071, 10054, 10168. (See Funds; Relief Committee). ORPHANS' HOME. 2000. Establishment and maintenance authorized. The Grand Lodge has authorized and invested the Rel)ekali Assembly, I. 0. 0. F., of California, with full power to provide for, and elect Trustees for an Orphans' Home; to acquire, establish and maintain and control and manage such a Home, k 484 OKPHANS' HOME. to receive contributions and donations and to levy annually a per capita tax on the membership of Rebekah Lodges for it& maintenance.— 1896 Journal, 583, 584, 630, 631, 652. Note. — This proposition to estab- power and authority was granted by lish and maintain an Orphans' Home the Grand Lodge, the Eebekah As- for orphans of Odd Fellows, was sembly in 1896, elected a Board of orginated by the Eebekah Assembly, five trustees for such Home. — (ISQG- 1. O. O. F„ of California, and it peti- Journal, 583, 584, 630, 631, 652; Pro- tioned the Grand Lodge in 1896, for ceedings of Eebekah Assembly, for full power and authority to establish 1896, p. 426, 427, 428). and maintain the same. When said 2001. Deed of endowment. The corner stone of the I. 0. 0. F. Orphans' Home was laid May 8, 1897, and the Home was dedicated October 27, 1897, and its deed of endow- ment dated July 24, 1896, is printed in full in the Proceedings of the Rebekah Assembly of 1897. — 1897 Journal of Rebekah Assembly, 547, 548, 549. 2002. Form of annual report of Trustees. See Form No. 4 of the forms affixed to this Digest for such report as required by the legislation of the Sovereign Grand Lodge. 2003. Form of annual report of Grand Lodge to Sov- ereign Grand Lodge. See Form No. 3 of the forms affixed to this Digest for such report, as re(juired by the legislation of the Sovereign Grand Lodge. 2004. Rules and regulations for its management. The following rules and regulations for the management of the I. O. O. F. Orphans' Home of California have been adopted hy the Trustees and approved by the Rebekah Assembly: 1st. Name. The corporate name of this Home shall be " The L 0. 0. F. Orphans' Home of California." 2d. The objects. The objects of the Home shall be to take under its sheltering care homeless and otherwise depend- ent orphan and half-orphan children of the Order and provide them with a home, maintenance and education during the period of their dependence. 3d. Establishment. The L 0. O. F. Orphans' Home of California is established by the Rebekah Assembly, I. 0. 0. F. J ORPHANS' HOME. 485 of the State of California, under resolution adopted by the said Rebekah Assembly at its session in May, 1896 (Journal page 405), and approved by the Grand Lodge I. O. O. F. of the State of California, at its session in May, 1896 (Journal page 652). 4th. Board of Trustees. The Orphans' Home thereby <;reated and established shall be under the control and man- agement of a Board, known as Trustees of the I. 0. 0. F. Orphans' Home. The said Board of Trustees shall be composed of five mem- bers, who shall be contributing members, and Past Noble Grands or Past Grands, in good standing, of Rebekah Lodges in this jurisdiction. 5th. Election of Trustees— Vacancies. The Board of Trustees shall be elected by the Rebekah Assembly of Cali- fornia. Commencing with the session in May, 1898, one Trustee shall be elected to serve for five years, one for four 3^ears, one for three years, one for two years, and one for one year; and at each subsequent session of the Rebekah Assembly one Trustee shall be elected to serve for five years, unless removed by death or resignment, or by the Rebekah Assembly for cause. Vacancies shall be filled by the Executive Com- mittee of the Re})ekah Assembly, to serve until the following session of said body, when said body shall elect to fill the vacancy. 6th. Powers of Trustees— Traveling- expenses. The Board of Trustees, elected by the Rebekah Assembly, shall have full power to regulate the affairs of the Home, to make guch rules for the same (subject to the approval of the Rebekah Assembly), and to elect or appoint such persons as officers and assistants as shall be required. To the Board of Trustees shall belong the right of providing means for the support of the Home, outside of the support afforded by the Rebekah Assembly, and may, if necessity require, solicit donations or State aid. No Trustee shall receive any compensation for his or her services; but actual traveling expenses and other necessary expenditures shall be allowed. 486 ORPHANS' HOME. 7th. I. 0. 0. F. Orphans' Home Fund— Report. The property shall be under the control of, and the funds subject to the order of the Trustees; and shall be held and known as the I. 0. 0. F. Orphans' Home Fund. It shall be the duty of the Trustees to report annually to the Rebekah Assembly the condition of the Home, and the property under their charge. 8th. Officers. The officers of the Board of Trustees shall be a President, a Vice-President, a Secretary and a Treasurer. The Board shall annually elect one of its own members as President and one as Vice-President; and may from time to- time appoint such committees to attend to any part of the busi- ness of the Board, subject to its direction and control, as it may deem advisable. The Secretary of the Rebekah Assembly shall be ex-officio Secretary of the Board, and the Treasurer ex-officio Treasurer thereof. 9th. Duties of President and Vice-President. The President shall preside over all meetings of the Board, and per- form all other duties that usually pertain to such office; and sign all warrants drawn upon the Treasurer. In the absence of the President, the Vice-President shall perform all the duties of the President. 10th. Duties of Secretary. The Secretary shall keep a complete and accurate record of all meetings of the Board of Trustees, keep a correct account of all receipts and disburse- ments of moneys belonging to the Orphans' Home Fund ; and at the end of each month, and oftener when practicable, pay the same over to the Treasurer, taking her receipt therefor. At each annual meeting of the Board, and oftener when re- quire'd, she shall make a full report of the financial condition of the Home, and perform such other duties appertaining to her office, as the Board of Trustees or the Rebekah Assembly may require. 11th. Duties of Treasurer — Warrants — Bond. The Treasurer shall receive from the Secretary all moneys belong- ing or pertaining to the I. 0.0. F. Orphans' Home Fund; and ORPHANS' HOME. 487 pay the same out only upon warrants drawn upon her, duly signed by the President (or in her absence or inability to serve by the Vice-President), and countersigned by the Secretar3\ She shall be the custodian of all books and papers belonging to her oflSce, and shall keep true and correct accounts of all moneys received and paid out. She shall give bond in an amount to be determined by the Board of Trustees, and with at least two good and sufficient sureties, to be approved by the Board. 12th. Meeting's. Regular meetings of the Board shall be held at Odd Fellows' Hall, San Francisco, on .the first Wednes- day following the third Tuesday of each month, when not a legal holiday, then upon the next succeeding business day, at 1 o'clock p. M. Special meetings may be called by the President, or by any three members of the Board, at such time and place as may be deemed advisable. 13th. Quorum. At all meetings of the Board, the pres- ence of at least three members shall be required for the trans- action of any business; and the concurrence of a majority of those present shall at all times be required for the approval or adoption of any measure or claim requiring the action of the Board. 14th. Order of business. The order of business, or pro- ceeding of the meetings of the Board, shall be: Ist. Roll call. 2nd. Reading minutes of last regular and all intet- vening meetings. 3rd. Reports of Officers. 4th. Reports of Committees. 5th. Receiving bills and action thereon. 6th. Communications. 7th. Unfinished Business. 8th. New Business. 9th. Miscellaneous. 10th. Adjournment. 488 ORPHANS' HOME. 15th. Superintendent or Matron. The Home shall be under the direct supervision and charge of a Superintendent or Matron, who shall be elected by the Board of Trustees at the meeting to be held on the Wednesday following the third Tues- day in June of each year, and hold office for a period of one year, and until her successor shall be duly elected; provided, always, that the Board, in its judgment and discretion, may at any time terminate the period of service. 16th. Duties of Superintendent or Matron. The Super- intendent or Matron shall reside at the Home, and have the general charge and supervision of all the domestic affairs thereof; she shall see that cleanliness, order and propriety are uniformly maintained, and that the orders of the Board of Trustees are carefully observed and promptly executed; she shall at all times be respectful and kind to the children and her assistants, and act impartially toward all; she shall give personal and especial care to children who are sick, and ad- minister to the wants and comforts of all patients, in accord- ance with the directions of the attending physician; she shall keep a register of all the children in the Home, and report to the Trustees monthly, giving the number, name, and deport- ment of all children under her charge; she shall keep full and correct entries, in a book provided for that purpose, of all orders for supplies, duly reporting the same to the Trustees, and otherwise make in detail and in full monthly reports to the Trustees of all her work and business transactions in con- nection with the Home; she shall receive such compensation for her services as the Board of Trustees shall determine. 17th. Who admitted to the Home. Any orphan or half- orphan of Odd Fellows or Rebekahs who are, or who at the time of their death were, members in good standing of some Subordinate or Rebekah Lodge, I. 0.0. F., in this jurisdiction, such children being under sixteen years of age, and without other suitable homes or means of support, may be admitted and cared for in the I. O. O. F. Orphans' Home of California; provided J always, that no child of unsound mind, or suffering from any contagious or infectious disease, shall in any case be admitted or allowed to remain an inmate of the Home. ORPHANS' HOME. 489 18th. Odd Fellows of other jupisdictions. Orphans and half-orphans of Odd Fellows and Rebekahs of Subordinate and Rebekah Lodges of other jurisdictions, whenever, and as long as there is room and accommodation therefor, without exclu- sion of those of our own jurisdiction, may be admitted and cared for at the Home, upon such terms as may be prescribed by the Board of Trustees, and as shall, in all cases, protect the Home fund from expense on account thereof. But in all cases the exceptions found in Section 17 of these rules and regulations shall be observed. 19th. Applications for admission — transportation. All applications for admission of children must be made upon proper blanks prepared by the Board of Trustees, and procured from the Secretary; and when properly filled out, shall be for- warded to the Trustees, who shall carefully consider the same, and if it appear that the applicant is a proper subject for admission, and that the rules and regulations and require- ments. of admission have been complied with, then, if circum- stances permit such applicant shall be admitted. In all cases the transportation of children to or from the Home must be paid by the Lodges or friends sending them. 20th. Duty of parent or guardian. Whenever a surviv- ing }>arent or guardian is able to pay part of the expenses of a child, that part payment will be invariably required, the exact amount to be determined by the trustees, and agreed upon at the time of making the application. 21st. Marriagfe of parent. Surviving parents marrying while their children are inmates of the Home, or otherwise becoming able to provide for such children, their removal will be expected and required. 22nd. Control and education of children. When child- ren shall become inmates of the Home, they shall be regarded as l>elonging to the Home; and the Board of Trustees shall have and exercise the same rights and privileges that belong to a parent in reference to the maintenance, education, control and general welfare of the children until they Vjecome of age; pro- vided that children may be admitted temporarily at the discre- tion of the Board of Trustees. 490 ORPHANS' HOME. 23rd. Object of education— work of the Home. The object will be to teach every child to be industrious and self re- liant, and to place within his or her reach some tangible means of support; and from the beginning, and during the entire period of residence at the Home, each child will be expected and required to perform his or her share of the work of the Home, the part or share to be determined by the age, sex and ability of the child. 24th. Placing" children in individual homes. If desired by friends or Lodges, placing children in the I. 0. 0. F. Orphans' Home, children will be placed in individual homes, as such are found to admit them; and the strictest care will be exercised in the selection of these homes; and they will, as occasion requires, be visited by some one designated by the Board of Trustees; and if at any time, such individual homes are found to be not satisfactory, then the Board of Trustees shall have power, and it shall be its duty to reclaim the children. 25th. Misrepresentation. If after any child shall have been admitted to the Orphans' Home, it shall be established that such admission was obtained through misrepresentation or through some concealment of facts, which if known would have rendered him or her inadmissable, the same shall be dis- charged and sent back by the Trustees. 26th. Rules of discipline. Upon the opening of the Home, and at any time thereafter, as experience shall demon- strate the necessity therefor, the Board of Trustees shall pre- scribe and establish such rules of discipline for the government of the officers, Servants and children of the Home as in the judgment of the Board may be required. 27th. Amendment. These general rules and regulations maybe amended or added to at any meeting of the Board, by a majority vote of all the members present, provided that such amendment or addition is presented in writing by some mem- ber of the Board. 2005. Application for admission and certificates. The Board of Trustees have prescribed a form of application for admission to the I. O. 0. F. Orphans' Home, and forms of PARDON-PAKTIES— PASSWORDS. 491 certificate of deceased father's and deceased mother's standing in Lodge. (See Form No. 28, and Form No. 28a and Form No. 28b, of the Forms affixed to this Digest). PARLIAMENTARY LAW AND RULES. (See Order, Rules and Questions of). PARDON. 2006. Grand Master and Grand Lodg-e. There is no pro- vision of law investing the Grand Master or the Grand Lodge with pardoning power. — 1889 Journal, 32, 122, 163. PARTIES. 2007. When not held without permission. Lodges are prohibited from giving parties where regalia, emblems, or name of the Order will be worn, assumed, or used, without first obtaining the consent of the Grand Master, and upon direct promise that no intoxicating beverages shall be offered to mem- bers or guests.— 1892 S. G. L. Journal, 13067, 13156. No Lodge shall permit the use of any spirituous or malt liquors at any entertainment given by the Lodge or held in the name of the Order. — Constitution Subordinates, Art. X, Sec. 4. ( See Dispensations ; Liquors ; Anniversary ; Dancing; Funds). PASSWORDS. 1. Annual Traveling Password, page 491. 2. Semi-Annual Password, page 494. 1. ANNUAL TRAVELING PASSWORD. 2008. When Lodg-e entitled to. No Lodge shall be en- titled to receive the Traveling Password until the semi-annual reports to the Grand Lodge shall have been placed in the hands of the installing officer. — Constitution Subordinates, Art. VIII, Sec. 4. NoTK. — The Annnal Traveling is changed annuallj', and goes iuta Pussword is for the protection of the use on the first day of January in Order, and is one of the tests by each year. The Grand Sire com- which traveliDg Vjrothers are tried, municates it to the Grand Repre- It is selected by the Grand Bire, seutative, whose duty it is, before 492 PASSWORDS. the first day of January following the officers— (1864-1877 S. G. L. Journal, session of the Sovereign Grand Lodge, 3621, 3688, 3707, 7173, 7361, 7450.) to conuuunicate it to the Grand Mas- The Noble Grand and Vice-Grand ter, who will communicate it to the are to be privately i^ut in possession Grand Secretary and cause it to be of it at the time of their installation, communicated to the District Deputy — (By-Laws of Sovereign Grand Grand Masters and other installing Lodge, Art. XXV). 2009. Withdrawal card and proper password. A brother holding a withdrawal card is entitled to the Annual Traveling Password in use at the time the card was granted, and retains the right to visit on that word for one year, and cannot visit on any other word. — 1857 Journal, 249, 273; 1860 Journal, 10, 86; 1861 Journal, 127, 177. 2010. The same. A brother granted a withdrawal card October 28, 1893, is entitled to the Traveling Password which was in force on the date at which he was granted the card. He is not entitled to the password for 1894. — ^-1895 Journal, 23, 195, 196,236. 2011. When Noble Grand must communicate. A Noble Orand cannot refuse to communicate the Annual Traveling Password to a brother presenting a duly authenticated order therefor from a Lodge in some other jurisdiction, when he knows, or it is shown by allegation of a member, that the brother presenting the order has ceased to be worthy. — 1857 Journal, 262, 266, 278. Note. — A Noble Grand cannot re- an extreme case of a brother commit- fuse to confer the Annual Traveling ting a felony after date of the letter Password upon a brother who pre- of request and before presentation, in sents his traveling card, with a letter which a Noble Grand would feel hini- of request to that effect from his self justified in declining to comply Lodge, both under seal and in due with the request— (1853 S. G. L. form of law, except there might be Journal, 2146, 2177.) 2012. Deg-ree Masters and certain Noble Grands have no rig'ht to it. The Degree Master of a Degree Lodge and the Noble Grand of a Rebekah Lodge have no right to receive the Annual Traveling Password. This word should never be used in Rebekah Lodges.— 1874 Journal, 21, 104, 117; 1880 Journal, 258, 359, 375. 2013. Certain persons not entitled to the word. An insane brother is not entitled to the Annual Traveling Pass- PASSWORDS. 493 word. When officers of State Grand Bodies grant cards to former members of defunct Subordinate Lodges the brother receiving the card is not entitled to it.— 1885-1890 S. G. L. Journal, 9853, 10105, 10176, 12177, 12273. 2014. When Annual Traveling" Password must be used. A brother visiting a Lodge on a Withdrawal Card can only use the Annual Traveling Password in use at the time his card was granted.— 1860 Journal, 10, 86; 1862 Journal, 290; 1863 Jour- nal, 432, 433. Note. — If a brother holding a With- to again communicate the word to the drawal Card forget the Ancnal Trav- brother on the presentation of the eling Password, the Noble Grand of card within one year from its date — the Lodge from which he withdrew (1875 S. G. L. Journal, 6558, 6591). has the authority, and it is his duty 2015. Order for Annual Traveling Password and With- drawal Card. A brother who takes a Withdrawal Card and asks for an order for the Annual Traveling Password, is entitled to it.— 1894 Journal, 604, 731, 771. 2016. Order for the Annual Traveling* Password and Visiting" Card. An order is required to be sent with a Visit- ing Card to an absent brother, authorizing the Noble Grand of any Lodge to communicate the Annual Traveling Password, and the Noble Grand who receives such an order should retain or destroy it— 1857 Journal, 262, 271, 291; 1858 Journal, 333. Note. — If a brother, applying for a upon the granting of such card, to final or Visiting Card, be absent from transmit the same to the brother, and the location of his Lodge, so that he also send therewith an order for the cannot obtain the Annual Traveling password — ( 1847 S.G.L. Journal, 1029, Password with his card in person, it 1058; 1863 S. G. L. Journal, 3560). shall be the duty of the proper officers 2017. Order for Annual Traveling* Password. An or- der for the Annual Traveling Password roust be properly attest- ed and under seal of the Lodge giving the order. — 1857 Journal, 2f>2, 270, 291; 1858 Journal, 333; 1861 Journal, 180. 2018. Order for Annual Traveling- Password. (See Form No. 25 of the Forms affixed to thid Digest.) 2019. To examine a visiting^ brother. The Noble Grand hiXii no authority to communicate the Annual Traveling Pass- 494 PASSWORDS. word to a Past Grand for the purpose of enabling him to make the necessary examination of a visiting brother. — 1884 Journal, 20, 116, 153. 2020. Past Grands. Past Grands are not entitled to the Annual Traveling Password. — 1856 Journal, 222. 2021. Holder of withdrawal card from extinct Lodg^e. "Where a withdrawal card is sent to a brother, and not accom- panied with an order for the Annual Traveling Password, and the Lodge thereafter surrenders its charter, the Grand Master €an give the brother the Annual Traveling Password. — 1880 S. G. L. Journal, 8211, 8337, 8440. 2022. Cards. Orders for the Annual Traveling Password should not be endorsed on cards. — 1855 Journal, 103, 119, 136. 2023. Official certificates. A brother who pays his dues in advance and obtains the official certificate is entitled to the Annual Traveling Password, or, in case of his absence when he so pays, an order for the Annual Traveling Password should accompany his official certificate. — 1897 S. G. L. Journal, 15165, 15174, 15534, 15584, 15613. 2. SEMI-ANNUAL PASSWORD. 2024. When Subordinate Lodge entitled to the word. No Lodge shall be entitled to receive the term password until the semi-annual reports to the Grand Lodge shall have been placed in the hands of the installing officer. — Constitution Subordinates, Art. VIII, Sec. 4. Note. — The semi-annual password L. Joui-nal, 2144, 2175). The officers is determined upon by the Grand of Subordinate Lodges shall not be Master, who commuuicate| it to the furnished with the semi-annual pass- District Deputy Grand Master, who word, unless the reports and returns in turn gives it to the Noble Grand and moneys due from the Lodge to and Vice-Grand of the Lodge. A the Grand Lodge be actually made brother must give the term password and placed in the hands of the proper to the acting Warden, although that officer, or be actually in transit to officer is not in his regalia. It is the proper destination. — (1856 S. G. sufficient if the presiding officer rec- L, Journal, 264.S, 2667). ognize him as Warden. — (1853 S, G. PASSWORDS. 495 2025. Reports, assessments and taxes. If a Lodge have made out its reports and paid its assessments and per capita tax, it is entitled to the passwords, although it has failed to elect officers for the ensuing term. — 1896 Journal, 408, 588, 629. 2026. Absent brothers— order for password. The Re- cording Secretary shall, at the time of installation of the offi- cers, send to each member of the Ledge residing away from the Lodge (who may be entitled to the same), an order for the semi-annual password. — Art. VII, Sec. 3, Constitution Subor- dinates. 2027. When brother not entitled to word. A Lodge cannot provide in its By-Laws that a member shall be entitled to the semi-annual password, and to vote in the Lodge until he is twenty-six weeks in arrears for dues. The limit is thirteen weeks by law of the Sovereign Grand Lodge and the Lodge can- not change it.— 1888 Journal, 1026, 1111, 1130. Note. — A member of a Subordinate weeks is not entitled to the term Lodge who is in arrears for weekly password. — (1877 S. G. L. Journal, or funeral dues more than thirteen 7505). 2028. Password forg-otten and arrears. A brother had the password communicated to him; he forgot it. After he was thirteen weeks in arrears, he applied to the Noble Grand to have it re-communicated, which the Noble Grand declined to do. Held, he was right in refusing.— 1889 Journal, 28, 122, 163. 2029. More than thirteen weeks in arrears. The Noble Grand should not communicate the Password to any member who is more than thirteen weeks in arrears for dues at the time he asks for the word. 1897 Journal, 808, 994, 1034. 2030. In g-ood standing* and then in arrears. A brother who is in good standing on January 1st, and does not obtain the password, and afterwards, during the term, becomes more than thirteen weeks in arrears for weekly dues, is not entitled to the password, and will not be so long as he remains over thirteen weeks in arrears.— 1895 Journal, 22, 195, 196, 236. 2031. Vice Grand imparting* password. The Vice Grand, as such, has no right under any circumstances to com- 496 PASSWORDS. municate the password; but if for any reason he be acting as Noble Grand, he has the same power as the Noble Grand. The Noble Grand may empower the Vice Grand to do so, but it must be communicated in the room and only on the evening on which the power is given.— 1888 Journal, 1022, 1111, 1130. 2032. Rig-ht Supporter of Noble Grand. The Right Supporter of the Noble Grand temporarily occupying the Noble Grand's chair, has no right to authorize a brother to confer the term password upon another brother of the same Lodge to enable him to visit other Lodges.— 1868 Journal, 4240, 4374, 4404, 4414, 4430. 2033. Financial Secretary may communicate, when. A Financial Secretary has the right to communicate the semi- annual password to a brother in good standing when requested to do so by the Noble Grand; but only at the meeting at which that request is made. — 1863 Journal, 422. 2034. Cannot compel a brother to receive it. It is a voluntary matter with a brother, after his initiation, to be or not to be invested with the password, and the Noble Grand has no authority to compel a brother in good standing to receive the password previous to opening. Neither can the Noble Grand deny a brother the privilege of retiring from the Lodge- room after declining to obtain the password prior to opening. However, should any proceedings to attempt to compel a brother to receive the password, or to deny him the privilege of retiring from the Lodge-room, take place, while they would be irregular, they should appear in the minutes as part of the transactions of the Lodge.— 1876 Journal, 392, 474, 508. 2035. Warden and ante-room. The Warden should go into the ante-room, at opening of the Lodge, and take up the semi-annual password from the brothers in the ante-room. — 1893 Journal, 422, 424; 1894 Journal, 604, 731, 771. 2036. Warden and Noble Grand. It is perfectly proper for the Warden, prior to examining the members in the pass- word, to give the password to the Noble Grand, so that that officer may be assured that the Warden has the proper word. — 1895 Journal, 18, 185, 235. PASSWORDS. 497 2037. Old word used until after installation. The old semi-annual password should be used in the Lodge until the new oflScers are installed. — 1884 Journal, 18, 116, 153. 2038. When visitors use old term word. If the officers of a Subordinate Lodge be installed at the commencement of a regular term by a Past Grand or Noble Grand, and do not receive the password of the term, said Lodge can permit mem- bers of a Lodge, whose officers have been installed and received the current term word, to visit it, but the old term word must be given by the visiting brother. — 1860 Journal, 84, 86. 2039. Thirteen weeks in arrears. A brother who owes thirteen weeks' dues at the end of the term, is not entitled to the password at the beginning of the new term, because he would be more than thirteen weeks in arrears when the officers are installed.— 1885 Journal, 288, 403, 432. 2040. The same. The length of time for which a brother shall be in arrears for weekly or funeral dues, before he can be deprived of the semi-annual password, is clearly fixed by the Sovereign Grand Lodge at more than thirteen weeks, and pro- visions to that effect are inserted in nearly all the By-Laws in this jurisdiction. Hence, a District Deputy Grand Master who pays his dues up to October 15th, is entitled to receive the semi-annual password from the Grand Master for the term commencing the following January. — 1886 Journal, 653, 662. 2041. May be gfiven to brother of another Lodge. It is competent for a Noble Grand of a Lodge to give the semi- annual password to a brother of another Lodge, upon a writ- ten request of the Noble Grand, under seal of the Lodge of which the brother is a member; but the Lodges must be in the same jurisdiction.— 1857 S.G. L. Journal, 2826, 2832; 1875 S. G. L. Journal, 6350, 6619, 6692. 2042. Noble Grand gives order for Semi-Annual Pass- word without vote. It is not necessary that a vote should be taken by the Lodge and entered upon the journal before the Noble Grand can authorize any Noble Grand of this jurisdic- tion to invest a brother of his Lodge with the Semi-Annual 32 I 498 PASSWORDS. Password while the brother is absent from his own Lodge; provided, he be entitled to the same. — 1866 Journal, 199, 216. 2043. Order for Password must be used. The Semi- Annual Password cannot legally be communicated by the Noble Grand of the Lodge to a brother at a distance by an- other brother. It must be communicated by order for the Password according to Form No. 34 of the Forms affixed to this Digest.— 1887 Journal, 770, 875, 888. 2044. Order under seal and attested. All orders for Passwords must be properly attested and under seal of the Lodge giving the order.— 1857 Journal, 262, 270, 291; 1858 Journal, 338; 1861 Journal, 180. 2045. Who entitled to order for. Only those members in good standing in the Lodge, who may be at a distance, are entitled to orders for the Semi-Annual Password. — 1893 Jour- nal, 357, 384, 420. 2046. Noble Grands who may g-ive Passwords upon orders for same. The law that a Noble Grand of a Lodge may give the Semi-Annual Password to a brother of another Lodge upon the written request of the Noble Grand, under seal of the Lodge of which said brother is a member, applies only to the Noble Grands in the same jurisdiction, and not to those in different jurisdictions. — 1875 S. G. L. Journal, 6350, 6619, 6692. 2047. More than thirteen weeks in arrears. The phrase, " who is in arrears for weekly or funeral dues more than thirteen weeks," means "who owes more than thirteen weeks' weekly or funeral dues." Hence, a brother who had paid his dues to December 31, 1878, was more than thirteen weeks in arrears after the 1st day of April, 1879, if he had made no further payment, and therefore not entitled to the term password.— 1879 S. G. L. Journal, 7909, 8072, 8173; 1877 Journal, 7505. 2048. When not entitled to password may visit his own Lodg'e. Although a member of a Subordinate Lodge who is in arrears for weekly or funeral dues more than thirteen PASSWORDS. 499 -weeks is not entitled to the term password, yet he is entitled to visit his own Lodge until dropped, suspended or expelled. — 1877 S. G. L. Journal, 7505. 2049. Order for password beyond term. The Noble •Grand and Secretary can issue an order for the serai-annual password which will extend beyond their term of office and be good up to the time the brother pays his dues. — 1897 S. G. L. Journal, 15213, 15534, 15584, 15613. 2050. Sending: passwords by District Deputy Grand Master. A District Deputy sending the password to a Lodge that could not afford to pay his expenses of visiting the Lodge personally disapproved. — 1896 Journal, 437, 608, 636. 2051. Teleg'rapll. The Noble Grand should not com- municate the semi-annual password to a brother of another Xiodge on a telegram from the Noble Grand of the brother's Lodge statinig he is entitled to it.— 1897 Journal, 839, 994, 1034. 2052. Who entitled to use. No brother is entitled to use the Semi-annual Password, except a contributing member of a Subordinate Lodge in his own State jurisdiction. — 1857 Journal, 10, 86. 2053. Grand Lodgfes* power. State Grand Lodges have the option to change the password quarterly, instead of semi- annually, when in their opinion it shall be for the interest of the Order in their respective jurisdictions. — 1849 S. G. L. Journal, r518. 2054. Inmate of Odd Fellows' Home. A brother an inmate while at the Home is entitled to the semi-annual pass- word.— 1897 Journal, 807, 994, 1034. (See Odd Fellows' Home). 2055. Past Grand acting: as Noble Grand. A Past Grand while acting as Noble Grand in tlie absence of that officer, and the Vice Grand while so acting in Noble Grand's absence, can communicate the semi-annual password to mem- bers.— 1897 Journal, 845, 994, 1034. k 500 PAST GRANDS. 2056. Noble Grand -elect not installed. Where the District Deputy Qrand Master installs all the officers except the Noble Grand-elect, who is absent, he should give the passwords to the Noble Grand and to the installed Vice Grand, and install the Noble Grand-elect later, for the Noble Grand holds until the installation of his successor. The Noble Grand having the password, may give it to members. — 1897 Journal, 845, 994, 1034. 2057. DistPict Deputy Grand Master. A District Dep- uty Grand Master has no right to give the passwords to mem- bers as a District Deputy Grand Master. He can only give them to the Noble Grand and the Vice Grand who are installed. 1897 Journal, 809, 994, 1034. 2058. The same. A District Deputy Grand Master has no right to give the new semi-annual password to the retiring^ Noble Grand before or after installation, unless it be for the purpose of allowing him to install the officers of the Lodge, in the absence of the District Deputy Grand Master.!— 1897 Jour- nal, 809, 994, 1034. 2059. Order for Semi-Annual Password. ( See Form No. 34 of the Forms affixed to this Digest.) ( See Relief Committee). PAST GRANDS. 2060. The rights of. State Grand Bodies cannot deprive Past Grands of certain rights guaranteed to them by virtue of their services as officers of Subordinates. Those rights are to- seats in their Grand Lodges, to vote for Grand Officers, and an eligibility to office; hence, a Grand Lodge cannot provide in its laws that no person shall be eligible to office therein until he shall have been a member one year. — 1847-1879-1880 S. G. L. Journal, 1084, 1119, 8090, 8176-8369, 8469. 2061. Representative system. Grand Lodges may adopt the representative system, as the Grand Lodge of California has, and provide that Past Grands who are not representatives shall not be entitled to or allowed to vote thereon, except for the election of officers. — Constitution Grand Lodge, Art. II,. Sec. 2; 1848-1851 S. G. L. Journal, 1321, 1339-1756, 1803. PETITIONS-PHYSICIAN. 501 2062. Cannot vote by Proxy. Past Grands, as Past Orands can have no right to vote by proxy. — 1859 S. G. L. Journal, 3133, 3134. (See Degrees; Representatives; Officers). PAST GRAND'S CHARGE. (See Initiation; Charges and Lectures). PENALTIES. (See Trials; Fines; Contempt; Officer). PETITIONS. 2063. Committee on Petitions is a regular committee. It is a regular committee required to be appointed at each annual session from among the members present. — Constitution Grand Lodge, Art. VI, Sec. 2. 2064. Duties of Committee. The Committee on Peti- tions shall consist of five members, whose duty it shall be to •examine all petitions referred to them, and report to the Grand Lodge, such action thereon as may be proper. — Constitution Grand Lodge, Art. VI, Sec. 8. 2065. Rights of Lodges. Matters involving rights of Lodges are not passed upon or reviewed by the Grand Lodge upon ex parte petitions. An appeal must be taken. Memorial^ of Mary Newman.— 1886 Journal, 659, 662; Petition of Chen-' hall, 1879 Journal, 116. (See Appeals). PHYSICIAN. 2066. Engaging one for a specified time. A Lodge has not the right to engage a physician for a specific sum and time to take care of its members during their sickness, unless autho- rized by local law.— 1895 Journal, 20, 185, 235; 1896 S. G. L. Journal, 15003, 15087. 2067. Election or selection of one. Under the broad authority delegated to Grand Bodies, a State Grand Lodge can, by uniform constitutional provisions for its subordinates, 502 PICNICS-PORTKAITS. make a physician an elective officer of a Lodge, or may- authorize a Lodge to determine by By-Laws the manner in which he shall be selected. There certainly can be no harm in the election of a physician by the Lodge or in his selection by the Relief Committee, or otherwise, as the Constitution or By- Laws may determine. The object of securing a physician being for the purpose of insuring medical attention to members during sickness, the manner of choosing him is of little conse- quence.— 1889 S. G. L. Journal, 11483, 11728, 11786. 2068. Employing one for a year. A Lodge cannot legally employ a physician to attend members in good stand- ing and pay a certain sum per member per year out of the gen- eral fund, unless lawfully authorized by local law. — 1896 S. G. L. Journal, 15003, 15087. 2069. The same. It is illegal for Subordinate Lodges to pay out of their funds to a physician hired by the year, unless authorized by the Constitution of Subordinates, enacted by a Grand Lodge, or by the law of a Grand Lodge. — 1896 S. G. L. Journal, 15003, 15087, 15046. 2070. Fee for medical examination of applicant. A Lodge has a right to charge a fee for medical examination of applicants for membership, and to claim its forfeiture in case of rejection or failure to be initiated; but this fee should not be a part of the initiation fee. — 1879 Journal, 85, 100. 2071. Medical certificate of examination of applicant for membership. (See Form No. 41 of the Forms affixed to this Digest). (See also, Membership). PICNICS. (See Liquors; Funds; Sunday; Anniversary). PORTRAITS. 2072. Portraits of Grand Masters, The portraits of Grand Masters shall be made in one style and size and placed in the special keeping of the Grand Secretary. — 1876 Journal^ 460, 468. PRAYER— PRINTING. 503 PRAYER. 2073. In opening" and closing* Lodg"e. It is highly de- sirable and eminently proper that all Lodges should open and close with prayer, but it is not competent to require the per- formance of this duty under penalties. — Collins vs. Yerba Buena Lodge, 1856 Journal, 179, 205. 2074. Junior Past Grand. A Lodge has no right to make it obligatory upon the Junior Past Grand to perform the duty of Chaplain to his Lodge. — 1856 Journal, 179. 2075. It is optional. It is not imperative on Subordinate Lodges to have the duties of Chaplain regularly performed in the opening and closing ceremonies. The Sovereign Grand Lodge in 1882 Journal, 9147, adopted forms of prayer to be used in opening and closing, but left the use of them optional with Subordinate Grand Lodges. — 1888 S. G. L. Journal, 11105^ 11368, 11396. 2076. The form prescribed to be used, if any. Grand and Subordinate liOdges in opening and closing must use the forms of prayer found on page 9147, Revised Journal, Sovereign Grand Lodge, 1882, and also in the Book of Forms if they use any— 1889 S. G. L. Journal, 11772, 11811. 2077. Initiation. Prayer is not part of the work of initi- ation in a Subordinate Lodge, and therefore not admissible.^- 1855-1880 S. G. L. Journal, 2491, 2508-8209, 8337, 8440. (See Fines). PRINTING. 2078. Committee on Printing is a reg-ular committee. A regular committee on Printing is required to be appointed at each annual session from among the members present. — Con- stitution Grand Lodge, Art. VI, Sec. 2. 2079. Duties of committee. The Committee on Printing nhall consi-st of three members, consisting of the Grand Secre- tary and two members to be appointed at each annual session, of which the Grand Secretary shall be the chairman. The Committee on Printing shall have the power and authority to 504 PROCESSION -PROPERTY OF THE LODGE. contract for all the necessary printing of the Grand Lodge, and for the furnishing of all needed supplies for the office of the Grand Secretary, and for all materials and work which may be required in said office, in such manner and upon such terms as the committee shall deem for the best interest of the Grand Lodge. — Constitution Grand Lodge, Art. VI, Sec. 12. PROCESSION. 2080. Permission of Grand Master necessary. This Lodge shall not have a procession unless to attend the funeral of a member * * * without permission of the Grand Mas- ter. — Constitution Subordinates, Art. X, Sec. 2. (See Regalia; Anniversary). PROPERTY OF THE LODGE. 2081. Deeds and mortgages. Where a Lodge desires to purchase a lot upon which to build a hall the deed may be made to the Trustees of the Lodge, or a Hall Association may be formed, or, by resolution, the Lodge may name some one to take the property in trust. So where a mortgage is taken by a Lodge to secure a loan of Lodge funds it should be taken in the names of the Trustees, or some one duly named by the Lodge to take the property in trust. — 1883 Journal, 1000, 1150, 1175. 2082. Sale of Lodge property and donation of ceme- tery plot. A Lodge has no right to sell its property and divide its proceeds among its members, but nowhere is it pro- hibited from selling, when the vote authorizing the same is in accordance with its By-Laws, when by doing so it can readily be shown that the interests of the Lodge and of the Order will be advanced by the sale. Under such circumstances the Lodge may give or donate a plot of ground in the Odd Fellows' Cem- etery belonging to the Lodge to a Post of the Grand Army of the Republic. — Holbrook vs. San Lorenzo Lodge, 1885 Journal, 291, 388, 420. 2083. May sell property to pay debts. Where a Lodge is about to surrender its charter it should pay off all its debts before surrendering its charter, and to that end should, if neces- PUBLICATIONS-QUESTIONS. 505 sary to do so in order to raise the funds, sell its property. — 1884 Journal, 21, 116, 153. 2084. Defective moptgag'e. Where a Lodge takes a mortgage to secure a loan made by it in the name of the Lodge, " a corporation duly organized and existing under and pursuant to the laws of the State of California, and having its principal place of business at," etc., " the party of the second part," and the Lodge has not in fact incorporated, the mortgage was not properly drawn as to the party of the second part. The Trustees or some one named by the Lodge should have been made "party of the second part." A court of equity, upon a proper showing, in an action to foreclose the mortgage would correct the mistake and grant proper relief.— 1883 Journal, 1000, 1150, 1175. (See Funds.) PUBLICATIONS. (See Newspapers.) QUESTIONS. 2085. Grand Master not to answer certain questions. The Grand Master shall not answer in an official manner, questions of law or usage, unless submitted to him by a Subor- dinate Lodge. This does not apply to the work of the Order. — 1877 Journal, 699, 708. 2086. The same— Absftract questions upon hypothetical propositions. Abstract questions upon hypothetical proposi- tions, when propounded by a member or a Lodge, without a case in fact, shall not be answered in an official manner by the Grand Master or any of his District Deputies. All such ques- tions shall be presented to the Grand Lodge at its annual session, and shall be referred to an appropriate committee, under the rule. — 1869 Journal, 89, 115. — 2087. Hypothetical questions. Resolved, that this Grand ^ Lodge will not in the future, through its Committee on the State of the Order, answer mere hypothetical questions; that every I question to be referred to said committee shall be framed to meet a particular case and shall he accompanied by a full 506 QUESTIONS— QUORUM. statement of the facts of the case, certified under the seal of the Lodge submitting the case, and in which it arose; that a question so submitted and so certified may be forwarded to the Grand Secretary at any time, and shall be by him handed over to the Committee on the State of the Order, who shall report their de- cision thereon to this Grand Lodge at the first opportunity thereafter. — 1875 Journal, 298. 2088. Certain questions referred to Committee on State of the Order. All questions presented involving ex- planation of laws of the Grand Lodge shall be immediately referred to the Committee on the State of the Order, and said committee is instructed to report on those only that they deem of sufficient importance. — 1861 Journal, 169. 2089. Questions must be written and in duplicate. All questions relating to the State of the Order shall be sub- mitted in writing and in duplicate to the Grand Secretary, and by that officer placed in the hands of the Committee on the State of the Order for their action. — 1864 Journal, 519. 2090. Copy of By-Laws must accompany question. All questions which may be presented to this Grand Lodge, wherein the By-Laws of the Subordinate, from which such question comes, have any bearing upon the question, the By- Laws of such Lodge shall be presented with the question. — 1867 Journal, 361; 1876 Journal, 493, 508. 2091. Certain questions not to be entered on Journal. All questions of usage and law propounded to the Grand Lodge to be referred to the proper committee, without being entered on the Journal, unless otherwise ordered by the Grand Lodge. —1859 Journal, 497. QUORUM. 2092. Grand Lodge. The Grand Lodge cannot be opened unless representatives from ten Lodges are present. — Constitu- tion Grand Lodge, Art. II, Sec. 6. 2093. In Subordinate Lodge. A quorum is all that is necessary for a Lodge's action. A By-Law of a Lodge requiring EAFFLES— KANK-REBEKAH BRANCH. 507 more than live members to constitute a quorum is void, as it is in violation of Article I, Section 1, of Constitution of Subordi- nates. 1856 Journal, 204; Davis vs. Lafayette Lodge, 1885 Journal, 377, 412, 413. 2094. No quorum— must close. When a Lodge during its meeting is left without a quorum, it can do no further busi- ness and the Noble Grand should declare it closed without cere- mony.— 1894 S. G. L. Journal, 13782, 14036, 14070. (See Minutes and Records; Fines). RAFFLES. (See Lottery). RANK. 2095. Grade or title. Rank refers to the highest grade or title attained. In the designation of the name and rank of brethren of the Order, the title or rank of the brother shall be placed after instead of before the name. — 1868-1871 S. G. L. Journal, 4372, 4993, 5185, 5223. (See Cards; Certificates; Dismissal Certificates). REBEKAH BRANCH. 1. Rebekah Code as amended 1897, page 507. 2. Laws and Decisions, page 524. (For Index to Rebekah Code, Laws and Decisions, Consti- tution of Rebekah Assembly and Constitution of Rebekah Lodges, see Rebekah Branch in the Index to this Digest). 1. REBEKAH CODE. 2096. Deg^ree of Rebekah an integral part of Odd Fellowship. The Degree of Rebekah is a necessary part of the Order and is recognized as a regular degree of the I. 0. 0. F., to be conferred in a regularly chartered Rebekah Lodge. It is in the same position as the other degrees of the Order, which cannot be revoked by a mere majority of the Sovereign Grand Lodge. It has become strongly entrenched in the chartered rights of a Rebekah Lodge.— 1896 S. G. L. Journal, 15006, 15071. 508 EEBEKAH BRANCH. 2097. Rebekah Code as amended 1897. The following is the Code for the government of Rebekah Lodges, with a few notes of decisions. It was enacted by the Sovereign Grand Lodge in September, 1894, and amended in 1895, 1896 and 1897: Objects and purposes. The objects and purposes of Re- bekah Lodges are declared to be: 1st. To aid in the establishment and maintenance of Homes for aged and indigent Odd Fellows and their wives, or for the widows of deceased Odd Fellows; and Homes for the care, education and support of orphans of deceased Odd Fellows. 2nd. To visit the sick, relieve the distressed and, in every way, to assist Subordinate and sister Rebekah Lodges in kindly ministrations to the families of Odd Fellows, who are in trouble or want. 3rd. To cultivate and extend the social and fraternal rela- tions of life among Lodges and the families of Odd Fellows. Sovereig'n Grand Lodge supreme. Section 1. To the Sovereign Grand Lodge belongs the power to regulate and con- trol the Unwritten Work of the Order, and to fix and determine the customs and usages in regard to all things which appertain thereto. And to it alone belongs the power to provide and establish suitable lectures and other written work therefor. The above provision shall apply with full force and effect to the Degree of Rebekah. Institution of Lodg-es. Sec. 2. The Grand Lodges sub- ordinate to this Grand Lodge are hereby authorized and empowered to institute Rebekah Lodges at such places as they may deem proper within their territorial limits. Sec 3. A Grand Master, or any Past Grand or Past Noble Grand, who is in good standing in a Rebekah Lodge, may serve as the instituting officer of a new Lodge. Sec 4. The Grand Sire may institute, or cause to be insti- tuted, Rebekah Lodges in any country, state or territory, under the immediate jurisdiction of this Sovereign Grand Lodge. Sec. 5. Rebekah Lodges shall not be chartered by the name of any living person. KEBEKAH BRANCH. 509 Membership. Sec. 6. The persons herein specified shall be eligible to membership in a Rebekah Lodge of this Order, subject to the laws, relative to residence, of this Sovereign Grand Lodge, and of the Grand Lodge of the jurisdiction in which application is made: 1. All persons who have received the Degree of Rebekah. 2. All Odd Fellows in good standing and their wives. 3. All unmarried white women who have attained the age of eighteen years, who believe in a Supreme, Intelligent Creator and Ruler of the Universe, and who are of good moral character. 4. Provided that the word " white," as a condition of mem- bership in the Order of Odd Fellows, in Section 2, Article XVI, Constitution of the Sovereign Grand Lodge, shall apply to all persons, male or female, applying for membership in Rebekah Lodges. DECISIONS. (a.) Charter member. An Initiatory Degree member is qualified to become a charter member of a Rebekah Lodge. — 1895 S. G. L. Journal, 14240, 14487, 14570; 1896 S. G. L. Journal, 15003, 15071, 15080. (b.) Suspended member. Suspended members who have had the Rebekah Degree, are eligible to membership upon a card or certificate, provided Section 10, of this Code, is com- plied with.— 1896 S. G. L. Journal, 14676, 14949, 15019. (C.) Wife. The wife of a suspended member, if she have never had the Degree, is ineligible until her husband regains full membership.— 1896 S. G. L. Journal, 14676, 14949, 15019. (d.) A divorced woman. A woman divorced absolutely from her husband is an "unmarried woman," and eligible to membership in a Rebekah Lodge. — 1896 S. G. L. Journal, 14675, 14975, 15016; 1896 Journal, 415, 587, 628. (e.) Arrears for dues and office. A clause in a Re- bekah Constitution, depriving a member six months in arrears for dues, from holding office or taking part in Lodge proceed- ings, does not violate any law of the Sovereign Grand Lodge. —1896 S. G. L. Journal, 14676, 14949, 1.3019. 510 REBEKAH BRANCH. (f.) Suspension and dismissal certificate. In a Re- bekah Lodge a member suspended for the non-payment of dues, has the right to demand a dismissal certificate on the payment of one dollar without first applying for reinstatement. — 1896 S. G. L. Journal, 14674, 14949, 15019. (g.) Ballot for membership. The former Rebekah law predicated membership upon a majority vote. The present law predicates it upon the number of black balls cast If three appear the candidate is rejected, though fifty white balls should be cast. Any law that now predicates membership upon a ma- jority vote is null and void. — 1896 S. G. L. Journal, 14675, 14949, 15019. (h.) Wife, If an applicant have never received the degree, she being married and her husband not an Odd Fellow, she is not eligible to membership. — 1896 S. G. L. Journal, 14675, 14949, 15019. Initiation. Sec. 7. In initiating a candidate into a Re- bekah Lodge, the work prescribed by the Ritual furnished by the Sovereign Grand Lodge must be adhered to, and no person except a member of a Rebekah Lodge and the instituting offi- cer, shall witness such work. Equal rights. Sec. 8. A sister in a Rebekah Lodge shall not lose her membership by the operation of any rule not alike applicable to brothers. Rebekah Degree. Sec. 9. Rebekah Lodges shall confer the degree on those persons only who apply for membership therein. A person elected to membership in a Rebekah Lodge must receive the degree in the Lodge in which such person was elected. The right and duty of conferring this degree can- not be transferred to another and different Lodge. Brothers' membership. Sec. 10. In the case of brothers, membership in a Rebekah Lodge is dependent on continuous good standing in a Subordinate Lodge^vexcept that if a brother shall take a Withdrawal Card from .the Subordinate Lodge of which he may be a member, his membership in his Rebekah Lodge shall not be affected thereby for one year from the date of REBEKAH BRANCH. oil said Withdrawal Card, if during that time he shall keep his dues paid up in the Rebekah Lodge; and if he shall, during said year, become a member of another Lodge, by deposit of said card, his membership in the Rebekah Lodge shall not be affected by the taking of the card. Notice. Sec. 10a. It shall be the duty of the Secretary of each Rebekah Lodge to furnish to the Secretary of each Sub- ordinate Lodge, to which any member of such Rebekah Lodge belongs, a list of the members of said Subordinate Lodge who are also members of said Rebekah Lodge; and, thereafter, to notify the Secretary of the proper Subordinate Lodge when any brother shall become a member of said Rebekah Lodge, and it shall be the duty of each Secretary of a Subordinate Lodge thus notified, that a member or members of bis Lodge are members of such Rebekah Lodge, to inform the Secretary of said Re- bekah Lodge, without unnecessary delay, of the withdrawal by card, dropping, suspension, expulsion, or reinstatement of any such member. Officers. Sec. 11. The officers of a Rebekah Lodge shall be a Noble Grand, a Vice-Grand, a Secretary, a Financial Sec- retary (if necessary), and \ Treasurer, who shall be elected by the Lodge; a Warden, a Conductor, an inside Guardian, an Outside Guardian, Right and Left Supporters to the Noble Grand, and a Chaplain, who shall be appointed by the Noble Grand; and Right and Left Supporters to the Vice-Grand, wh6 shall be appointed by the Vice-Grand. Eligibility to office. Sec. 12. Any member in good stand- ing of a Rebekah Lodge is eligible to election or appointment to any office in such Lodge except to the offices of Noble Grand and Vice-Grand. To be eligible to the office of Vice-Grand, a member must have served a term in some elective or appointive office in a Rebekah Lodge, other than of Trustee; and to be eligible to the office of Noble Grand a member must have served a term in the office of Vice-Grand in a Rebekah Lodge. But any member, in good standing, may be elected as the first Noble Grand or Vice-Grand of a new or revived Lodge, or to fill a vacancy occurring during the first term (called a special term), of such new or revived Lodge. And in case of a vacancy 512 KEBEKAH BRANCH. in the office of Noble Grand or Vice-Grand of a Rebekah Lodge, if all qualified members refuse to accept such vacant office, the Lodge may elect any member thereto, provided, that a Dispensation for the purpose be obtained from the proper authority in the jurisdiction to which the Lodge belongs before any such officer so elected can be installed or can act as such officer. All offices shall be for a term of six months or one year, as prescribed by the Grand Lodge of the jurisdiction; which Grand Lodge may provide a longer term for Secretaries, Financial Secretaries and Treasurers than for other officers. Service in office and honors. Sec. 13. Officers must serve a majority of the meetings held in the term, and to the end of the term, in order to be entitled to the honors of the office. Officers elected to fill vacancies and serving to the end of the term, shall be entitled to the honors of the office. Powers and privileges. Sec. 14. Rebekah Lodges insti- tuted in conformity with the foregoing sections, shall possess the power and enjoy the privileges following, subject to the rules, usages and general regulations of the Order applicable thereto, and to the provisions of constitutional and other laws enacted for their government by the Grand Body to which they are subordinate. To confer the deg^ree. Sec. 15. To confer the Degree of Rebekah on properly qualified applicants as hereinbefore specified. Election and appointment of officers. Sec 16. To elect and appoint their own officers, in the manner prescribed by the Grand Bodies to which they are respectively subordinate, and by their own By-Laws. Service in office in a Subordinate Lodge shall not be a qualification for office in a Rebekah Lodge, and a past officer in a Subordinate Lodge shall not be entitled, by reason thereof, to any special privilege in a Rebekah Lodge, other than wearing the collar of the highest rank attained. DECISIONS. (a.) Secret work. It is a gross violation of law for a Lodge to use, or have in its possession, any work purporting to I KEBEKAH BRANCH. 513 be the Secret Work of Odd Fellowship, except that issued by the Sovereign Grand Lodge.— 1896 S. G. L. Journal, 14683, 14948, 15019. (b.) Rituals. Rituals cannot be taken from the Lodge- room even for binding.— 1896 S. G. L. Journal, 14675, 14949, 15019. (C.) District Deputy. A District Deputy for Rebekah Lodges, if a Past Grand and member in good standing of a Rebekah Lodge need not be a Past Noble Grand.— 1896 S. G. L. Journal, 14712, 14948, 15019. (d.) Staff. The officers of the Lodge have the right to their respective positions upon the staff in the regular Lodge work, and cannot be deprived of that right except by their consent. — 1896 S. G. L. Journal, 14675, 14949, 15019. (e.) Initiation. In initiating, the Noble Grand may call upon any one qualified to give the unwritten work, but it must be under the Noble Grand's authority and control. — 1896 S. G. L. Journal, 14675, 14949, 15019. (f.) Institution. Upon the institution of a Rebekah Lodge, having no Past Noble Grand, any qualified member may, dur- ing the first tenrm, deliver the Past Noble Grand's charge. — 1896 S.'g. L. Journal, 14675, 14949, 15019. Fees and Dues. Sfx. 17. To fix and establish initiation, fees and dues, to V)e paid at such time and in such manner as the Constitution or By-Laws may provide, and may suspend from the rights and privileges of membership those in arrears for one year's dues. Payments and disbursements. Sec 18. To pay and disburse from the funds of the Lodge, from time to time, as a majority of the members present shall, by vote, determine, for any of the declared purposes of this Degree. By-Laws and Rules of Order. Sec. 19. To establish such By-Laws and Rules of Order not inconsistent herewith or with the rules, usages and general regulations of the Order, a.-? they may deem f)roper, subject, however, to the approval of the Grand Body to which they are Subordinate. 33 514 EEiBEKAH BRANCH. Meeting's. Sec. 20. Lodges shall hold regular and special meetings as provided by their By-Laws. A Grand Lodge may authorize special meetings at other times and places. DECISION. (a,) Terms. Rebekah Lodge may have six months' terms if its By-Laws so provide, and may meet semi-monthly, in which event thirteen meetings would constitute a term, and seven a majority of the nights of the term. — 1896 "S. G. L. Journal, 14674, 14949, 15019. Forms of Charter. Sec. 21. Each State jurisdiction is hereby authorized to prepare and adopt suitable forms of Charter for Rebekah Lodges and Rebekah Assemblies. DECISION. (a.) Refusal of Charter, The refusal of a charter by the Grand Lodge to a Lodge working under dispensation termi- nates membership.— 1896 S. G. L. Journal, 14680, 15078, 15093. (b.) Form of Charter. The Sovereign Grand Lodge has prescribed a form of charter for Rebekah Assemblies. — 1897 S. G. L. Journal, 15611, 15634. Returns. Sec. 22. The Grand Secretary shall furnish Grand Lodges with blanks for annual returns of Rebekah Lodges, and such Grand Lodges shall require such returns to be made on the 31st of December of each year; and may require that such returns shall be made to the Secretary of the Rebekah Assembly, and in such case shall require such officer to make a full report of same to the Grand Lodge. Any neglect to make such returns shall be visited with such penalties as the Grand Lodge of the jurisdiction may direct. DECISION. (a.) Penalty. Grand Lodges have the power to fix the penalty for neglect to make returns. — 1896 S. G. L. Journal, 14676, 14949, 15019. Reinstatement and Dismissal Certificate. Sec. 23. A member of a Rebekah Lodge suspended for non-payment of REBEKAH BRANCH. 515 dues, may be reinstated in said Lodge, or may take a Dismissal Certificate from said Lodge. Voting" and balloting. Sec. 24. Voting in Rebekah Lodges shall be as follows: Upon admission or reinstatement of members, in any lawful manner whatsoever, votes shall be by ball ballot, and not less than three black balls shall be re- quired to reject. Upon sustaining charges, upon the infliction of an}' form of penalty after trial and conviction, and upon granting Withdrawal Cards, votes shall also be by ball bal- lot. In elections of Officers, of Delegates or Representatives to Assemblies, and of committees which are to be elected, the vote shall be by ballot, except that local laws may provide for election by acclamation where there is but one candidate. Votes in all other cases shall be viva voce. No petition shall be re- ■ceived from any rejected applicant unless the period of six months has intervened between such applications. Reg-alia and jewels. Sec. 25. The regalia and jewels for ■officers of Rebekah Lodges shall be as follows, to-wit : Each collar shall be not to exceed three inches in width; ■each baldric shall be not to exceed three and one-half inches in width; and each jewel shall be of silver, or silver plated, •circular in form, and one and one-half inches in diameter, with design hereinafter specified, engraved or stamped on one fiide, and with the other side plain. For the Noble Grand. Regalia, a collar with pink center and green edges, trimmed with silver lace and fringe; jewel, with representation or figure of '* Rebekah at the Well," and I underneath the word " Fidelity." Fop the Vice-Grand. Regalia, a collar with green center And pink edges, trimmed with silver lacje and fringe; jewel, with representation or figures of "Ruth and Naomi," and under- I For the Secretary. Regalia, a collar with pink center (ind green edges, trimmed with silver lace; jewel, with repre- Bentation or figure of a "Pen," and underneath the word "Deb- orah." 516 REBEKAH BRANCH. For the Financial Secretary, if there be one. The same collar and jewel as the Secretary, except that the word " Deb- orah " shall be omitted from jewel. For the Treasurer. Regalia, a collar with green center and pink edges, trimmed with silver lace; jewel, with repre- sentation or figure of a "Key," and underneath the word "Trust." For the Warden. Regalia, a baldric, with upper side green and lower side pink, with three rows of silver lace, one on each edge and one along center, the lowest edge to be trimmed with silver lace; jewel, with representation or figure of a "Bar and Axe, crossed," and underneath the word " Hope." For the Conductor. Regalia same as Warden's in shape and colors, with row of silver lace around inner edge; jewel,, with representation or figure of " Two Wands, crossed," and underneath the word " Safety." For the Inside Guardian. Regalia same as Warden's;, jewel, with representation or figure of a " Shield crossed by a Spear," and underneath the word " Prove." For the Outside Guardian. Regalia same as Conductor's, except that the row of silver lace shall be on the outside, none in center; jewel, same as Inside Guardian's, except that the word shall be " Vigilance." For the Chaplain. A white baldric, with silver lace on- each edge, the front to be ornamented with pink roses and green leaves. For the Supporters to Noble Grand. A baldric with pink center and green edges, trimmed with two rows of silver lace. For the Supporters to Vice-Grand. A baldric with green center and pink edges, trimmed with two rows of silver lace. For each Past Noble Grand the regalia shall be the same as for the Noble Grand, except that the lace and fringe shall be of gold instead of silver, and the jewel shall be a five- pointed star of white metal, and the use of the jewel shall be optional to all but the Junior Past Noble Grand. REBEKAH BRANCH. 517 Ail of the foregoing shall apply to all officers and Past Noble Grands, irrespective of sex. Brethren who are not officers nor Past Noble Grands shall wear the regalia they are entitled to wear in a Subordinate Lodge. Sisters who are not officers nor Past Noble Grands shall wear badges or collars of pink and green, not exceeding three inches in width. Regalia and jewels for officers of a Rebekah Assembly. The regalia and jewels for officers of the Rebekah Assembly shall be as follows, to-wit : Each collar shall be not to exceed three inches in width; €ach baldric shall be not to exceed three and one-half inches in width; each jewel shall be of gold or gold-plated, or of yel- low metal, circular in form, and one and one-half inches in diameter, with design hereinafter specified, engraved or stamped on one side, and with the other side plain; but with the addition to each jewel, both of officers and Past Presidents, of the word "Assembly " on the hanger, above the design. Fop the President. Regalia, a collar with pink center and green edges, trimmed with gold lace and fringe; jewel, same size and shape as described above, with representation or figure of "Queen Esther," and underneath the word " Service." For the Vice-President. Regalia, a collar the same as' President's; jewel, with representation or figure of "Rebekah at the Well," and underneath the word "Fidelity." For the Warden. Regalia, a collar same as President's; jewel, with representations or figures of " Ruth and Naomi," and underneath the word '* Industry." Fop the SeCPetapy. Regalia, a collar same as the Presi- dent's; jewel, with representation or figure of a '"Pen," and under- neath the word "Deborah." Fop the TpeasureP. Regalia, a color same as the Presi- dent's; jewel, with representation or figureof a "Key," and under- neath the word ''Trust." 618 KEBEKAH BRANCH. For the Marshal. Regalia, a baldric, with upper side green and lower side pink, with three rows of gold lace, one on each edge and one along the center, the lowest edge to be trimmed with gold lace or gold fringe; jewel, with representation or figure of a " Baton," and underneath the word "Hope." Fop the Conductor. Regalia, a baldric same as Marshal's in shape and colors, with row of gold lace around inner edge; jew^el, with representation or figure of *Hwo Wands, crossed," and underneath, the word "Safety." For Chaplain. Regalia, a white baldric, with gold lace on the upper edge and gold lace or gold fringe on the lower edge; the front to be ornamented with pink roses and green leaves; jewel, with representation or figure of a "Bible," open, and under- neath, the word "Holy." For the Inside Guardian. Regalia, a baldric same as Con- ductor's; jewel, with representation or figure of a "Shield crossed by a Spear," and underneath the word "Prove." For the Outside Guardian. Regalia, a baldric same a^ Conductor's; jewel, same as inside Guardian's, except that the word underneath shall be "Vigilance." Each Past President may wear regalia same as President's and a jewel the same as the President's, except that the word underneath the design shall be "Honor." All members of Rebekah Assemblies, when in attendance, not in office, may wear the collar prescribed for a Past Noble Grand of a Rebekah Lodge. Such embroidery as will be in keeping with the Degree of Rebekah may be added to any of the foregoing described regalia. Each Rebekah Assembly may provide suitable regalia and jewels for its officers. DECISIONS. (a.) Sermons or Lectures. The law does not prohibit attendance at church or other public place in regalia, merely to listen to a sermon or lecture, and return directly to the Lodge- room.— 1896 S. G. L. Journal, 14685, 15045, 15086. REBEKAH BRANCH. 519 (b.) Public Annivepsapy. The paraphernalia used in the Secret Work cannot be worn by the officers on the occasion of a public anniversary of a Lodge. — 1896 S. G. L. Journal, 14676, 14949, 15019. (e.) Costumes, pobes, exhibitions and photogpaphs. A Rebekah Lodge cannot legally give an exhibition drill in cos- tume, before persons not members of a Rebekah Lodge, using the drill or floor work pertaining to the degree; nor use the costumes in giving a public exhibition; nor have photographs of the Staff taken in the robes and costumes used in conferring the degree, nor place such photographs on sale to Odd Fellows, nor have them taken for the use of its members. — 1896 S. G. L. Journal, 14676, 14949, 15019; 1897 S. G. L. Journal, 15170, 15534, 15584, 15613. Capds and Dismissal CePtiftcates. Sec. 26. Visiting and Withdrawal Cards and Dismissal Certificates shall be provided by the Grand Secretary for Rebekah Lodges, and shall be fur- nished State Jurisdictions at the same prices as those for Sub- ordinate Lodges. Visiting Cards shall be granted upon request, upon the payment of the price of the card and dues to the expi- ration thereof. Dismissal Certificates shall be issued upon the payment of one dollar. Withdrawal Cards shall be issued upon the payment of the- price of the card and dues to the date of issue. DECISIONS. (a.) Dismissal Ceptificate, no ballot. In a Rebekah Lodge no ballot is required in granting a Dismissal Certificate, but a ballot is required in granting a Withdrawal Card. — 1896 S. G. L. Journal, 14674, 14948, 15019; Section 24, Rebekah Code. (b.) Holder of live Withdpawal Capd. The holder of a live Withdrawal Card does not sever the holder's connection with the Order, but only with his Lodge, and the severance in this case is not complete, as he is a quasi-member, and may visit Lodges. He may retain his membership in his Encamp- ment and Rebekah Lodge.— 1896 S. G. L. Journal, 15002, 15070. 520 REBEKAH BRANCH. (C.) Official Certificate. The Official Certificate, in the form of a receipt for dues, assessments, fees, etc., is to be recog- nized by Lodges, Encampments and Rebekah Lodges, in lieu of a Visiting Card, as evidence of good standing, when the holder desires to visit in a jurisdiction other than his own. On the presentation of such a certificate, said Subordinates shall not be required to pay sick or funeral benefits or render other pecun- iary aid to the holder thereof, unless so directed by the Subor- dinate of the visitor.— 1896 S. G. L. Journal, 14954, 15067, 15068. Conferring" of degree. Sec. 27. The Degree of Rebekah shall be conferred b}^ duly constituted Rebekah Lodges only, except that for the purpose of assisting the organization of Rebekah Lodges, the necessary power to induct applicants for charter into the degree, where they do not possess it and are otherwise qualified, shall be vested in the several Grand Lodges and Grand Masters, ad interim. DECISION. (a.) Degree staff. A member cannot occupy any position or deliver any charge in a degree staff, that he is not qualified to fill by the rank he has attained as a member of the Order. —1896 S. G. L. Journal, 14687, 14948, 15019. Surrender of charter. Sec. 28. A Rebekah Lodge shall consist of not less than five members, and cannot voluntarily surrender its charter, nor dissolve, as long as five members in good standing desire to retain such charter and work under it; provided, that when a vote upon the surrendering of a charter is to be taken, notice shall be sent to all members of the Lodge in good standing. Quorum. Sec. 29. A quorum of a Rebekah Lodge shall consist of five members, including one lawfully qualified to pre- side. All the above requirements are to be construed as apply- ing to members, irrespective of sex. A Grand Lodge may require a greater number of applicants than five for the insti- tution or revival of a Rebekah Lodge, and may require that not more than one-half of such applicants shall be brothers. Rebekah Assemblies. Sec. 30. Any Grand Lodge work- ing under a charter granted by this Sovereign Grand Lodge, in REBEKAH BKANCH. 521 a jurisdiction having five or more Rebekah Lodges, is hereby- empowered upon proper petition, to charter and institute a Re- bekah Assembly within its own jurisdiction, and such Grand Lodge may clothe such assembly with such powers and sur- round it with such limitations as may be deemed best, for carrying out the objects and purposes of Rebekah Lodges, as set forth in the laws governing the same. Such assemblies shall be required to make such reports as their respective Grand Lodges may direct. But all rights and privileges granted to Rebekah Assemblies, both those granted by charter and by law, shall be revocable at any time by the Grand Lodge granting same, or by this Sovereign Grand Lodge. DECISIONS. (a.) Rebekah Assembly Degree, The Grand Represen- tatives are authorized to confer the Rebekah Assembly Degree on the President of the Rebekah Assembly, and the Presidents of the Rebekah Assemblies are authorized to confer the degree, or cause the same to be done, in their respective assemblies, upon sisters and brothers who are eligible to membership in said Rebekah Assemblies.— 1896 S.G.L. Journal, 15051, 15088. (b.) To Peclaim charters. A Grand Lodge cannot trans- fer from the Grand Master to the President of the Rebekah Assembly the power to reclaim the charter, books and effects of a Rebekah Lodge.— 1896 S. G. L. Journal, 14679, 14949, 15019.- (C.) Official visit. The Grand Master and Grand Repre- sentatives may officially visit the Rebekah Assembly of their jurisdiction, but a Grand Secretary, simply b}^ virtue of his office, has not the right to visit and take part in the Rebekah Assembly. (d.) Per capita tax. A Grand Lodge can authorize its Rebekali Assembly to levy upon and collect from its Rebekah Lodges a per capita tax.— 1896 S. G. L. Journal, 14679, 14949, 15019. (e.) Taxation and g-ranting* and revoking- charters. A Grand Lodge may transfer its ])C)wer to tax Rel)ek{ih Lodges to the Assembly, under this section of the Rebekah Code, but it cannot give its Rebekah Assembly power to charter Rebekah 522 REBEKAH BRANCH. Lodges; neither can it give its Rebekah Assembly power to re- voke the charter of a Rebekah Lodge or disturb it in possession of its chartered rights.— 1896 S. G. L. Journal, 14673, 15011, 15072, 14674, 14948, 15019, 14678. (f.) Rebekah Assembly Degree. The Rebekah Assembly Degree is not for Past Noble Grands. It can be conferred only on those entitled to admission to a Rebekah Assembly at Assem- bly meetings.— 1896 S. G. L. Journal, 14679, 14949, 15019. Officers of Rebekah Assembly. Sec. 31. The principal officers of a Rebekah Assembly shall be a President, Vice-Pres- ident, Warden, Secretary and Treasurer, and the President shall have power to appoint a Marshal, a Conductor, a Chaplain, an Inside Guardian and an Outside Guardian; and the duties of these various officers shall be those which usually appertain to such offices. All officers shall be of the female sex. Appeals. Sec. 32. All appeals from the decision or action of a Rebekah Assembly shall be made to the Grand Lodge of its jurisdiction, and from the Grand Lodge to the Sovereign Grand Lodge, as provided by the rules and regulations of the Sovereign Grand Lodge. DECISION. (a.) Appellate power. A Grand Lodge can empower its Rebekah Assembly to hear and determine appeals from Rebekah Lodges, and also to determine appeals for the non-ob- servance of the general laws of the Order, subject to the right of appeal to the Grand Lodge. — 1896 S. G. L. Journal, 14679, 14949, 15019. Rebekah laws. Sec. 33. Except as hereinbefore provided, all laws, rules and regulations of the Sovereign Grand Lodge now in force, or that may hereafter be adopted for the govern- ment of Subordinate Grand Jurisdictions, or that in any way affect the rights of individual members, are made to apply, where applicable, in all their force, to Country, Provincial, State and Territorial Grand Jurisdictions of the Degree of Rebekah; and in so applying them, when necessary, where the male gender is referred to in said laws, the same shall be construed to mean the female gender. In Rebekah Lodges the laws shall apply KEBEKAH BRANCH. 523 to all members alike, and the rights, duties and privileges of membership shall be the same for brothers as for sisters. Repeal of prior laws. Sec. 34. All laws and parts of laws heretofore enacted for the government of Rebekah Lodges are hereby repealed. Note.— This code was adopted in September, 1894, and therefore this repeal is applicable to all laws enacted prior thereto. Watching" with the sick. Sec. 35. It shall be lawful for any Grand Body, having jurisdiction over Rebekah Lodges, to provide for requiring only the sisters in Rebekah Lodges to perform the service of watching with the sick; and for requir- ing only the sisters to watch with sick sisters, leaving the watching for, and by, brothers to the Subordinate Lodges. Note.— A Subordinate Lodge cannot compel its members to watch with a sick sister of the Degree of Rebekah— (1880 Journal, 503, 601, 627). Semi-annual password. Sec. 36. The Grand Master (or, if empowered by authority of the Grand Lodge, the Presi- dent of the Rebekah Assembly,) of each Grand Lodge repre- sented in this Sovereign Grand Lodge, under which any Re- bekah Lodge has been, or hereafter shall be, instituted, is required to make a semi-annual password for use in all Re- bekah Lodges in the jurisdiction of such Grand Lodge, which password shall be a test of good standing in a Rebekah Lodge, and shall be used at the outer door of such Lodges to obtain admission to the ante-room. This semi-annual word shall only- be used in the jurisdiction to which it properly belongs, and shall be communicated privately to all persons entitled to re- ceive it. Rebekah traveling" password. Sec. 37. The annual password for the Degree of Rebekah shall be used in conjunc- tion with a Visiting or Withdrawal Card, issued by a Rebekah Lodge, when the holder thereof is visiting a Rebekah Lodge in any jurisdiction other than the one to which the visitor be- longs, as a traveling password; but shall be communicated, and otherwise used in the manner prescribed in the Ritual of the Degree, notwithstanding its use as a traveling password. NoTK. — The Noble Grand of a Ke- word should never be used in Re- bekah Lodge has no right to receive bekah Lodges— (1874 Journal, 21, 104, the annual travpling password. This 117; 1880 Journal, 258, 359, 376). 524 KEBEKAH BRANCH. 2. LAWS AND DECISIONS. 2098. Anniversary. The 20th day of September is- recognized by the Sovereign Grand Lodge as the anniversary of the institution of the Rebekah Degree, and is to be annually celebrated and commemorated as such by proper and appro- priate ceremonies. The 20th day of September is the natal day of the Rebekah Degree, it having been established on that day, in the year 1851.— 1897 S. G. L. Journal, 15640. 2099. Charter, institution, etc., of Rebekah Assembly. The Rebekah Assembly of the Independent Order of Odd Fel- lows of California chartered and instituted in 1895 — petition for charter — form of charter. This Rebekah Assembly is the successor of the Rebekah State Convention, I. 0. 0. F. of Cali- fornia, and all funds, records, history, books, papers and other property belonging to the Rebekah State Convention, and all rights and privileges that it owned or possessed, were trans- ferred to and became the property of this Rebekah Assembly; and all past officers of the Rebekah State Convention are en- titled to the same rights, privileges and honors as the past officers of this Rebekah Assembly. — 1895 Journal, 6, 208, 228, 238, 252,241, 242,247. 2100. Constitution of Rebekah Assembly. It will be found affixed to this Digest. It was adopted in 1896, and will also be found in the Journal of that year. It was amended in 1897. For matters contained in the Constitution see index to this Digest, under the head of Rebekah Branch. — 1896 Journal, 568, 569; 570 to 573, 595, 596, 626, 627; 1897 Journal, 1027, 1054. 2101. Grand Representatives to report. They are re- quired to report in writing to the Rebekah Assembly all legis- lation in regard to Rebekahs. — 1894 Journal, 735, 773. 2102. Members of Rebekah Assembly. Members of Rebekah Assembly are such as Grand Lodge shall provide for. —1895 S. G. L. Journal, 14240, 14487, 14570. 2102a. District Deputy Grand Master and Rebekah Assembly. A District Deputy Grand Master is not an officer REBEKAH BRANCH. 525 of the Assembly, and is not entitled to a vote, except when elected as a delegate.— 1897 Journal, 808, 1000, 1046. 2103. Assemblies cannot institute Rebekah Lodges, Grand Lodges cannot confer upon Rebekah Assemblies power to institute and charter Rebekah Lodges. They are clothed by Section 2 of Rebekah Code with a special power, the time and place for exercising which is left to their judgment. — 1895 S. G. L. Journal, 14240, 14487, 14570. 2104. District Deputies. Grand Lodges may authorize and empower the Presidents of their Rebekah Assemblies to appoint and commission District Deputies of Rebekah Lodges in their respective jurisdictions. — 1897 S. G. L. Journal, 15607, 15633. 2105. Commission of District Deputy Grand Master for Rebekah Lodges. (See Form No. 23 of the Forms affixed to this Digest.) 2106. Who may be District Deputy Grand Master. A brother or sister of a Rebekah Lodge may be appointed a Re- bekah District Deputy Grand Master. — 1888 Journal, 1022, nil, 1130. 2107. District Deputies not to instruct all Past Grands in the work. A District Deputy Grand Master of Subordinate Lodges has no right to instruct all Past Grands of his district in the work of the Degree of Rebekah. — 1889 Journal, 119, 123, 166. 2108. Expenses of District Deputy. A Rebekah Lodge has a right, and should pay the District Deputy enough to pay her expenses in performing her duties. — 1896 Journal, 416, 587, 628. 2109. Decision of District Deputy. A Lodge has not the authority to overrule a decision of the District Deputy Grand Master.— 1895 Journal, 25, 189, 234. 2110. District Deputy Grand Master and Password. A District Deputy Grand Master of a Reljekah Lodge cannot give 526 KEBEKAH BRANCH. the password to visiting brothers; he can only give it to the proper officers at installation. — 1894 Journal, 604, 734, 773. 2111. District Deputy Grand Master and Withdrawal Card. A District Deputy Grand Master of a Rebekah District who applies for and receives a Withdrawal Card from her Lodge can hold her office as such District Deputy for one month there- after.— 1893 Journal, 277, 379, 420. 2112. Constitution of Rebekah Lodg-es. It will be found affixed to this Digest. It was enacted in 1896, and will also be found in the journal of that year, and was amended in 1897. For matters contained in the Constitution, see Index to this Constitution under the head of " Rebekah Branch." — 1896 Jour- nal, 639 to 648; 1897 Journal, 1027, 1028, 1054, 1045, 1059, 1056, 1068. 2113. Rebekah Lodg-e the proper title. The title of Lodges of the Degree of Rebekah has been changed from Re- bekah Degree Lodge to Rebekah Lodge, and the word ''degree" has been stricken out wherever the three words "Rebekah De- gree Lodge" occurred.— 1896 Journal, 417, 588, 628. 2113a. Not subject to Constitution of Subordinates. Rebekah Lodges are governed in the election and installation of their officers by Article IV, Sections 6 and 7 of the Constitu- tion of Rebekah Lodges, and are in no wa}'' subject to the Constitution of Subordinates in the matter. — 1884 Journal, 16, 116, 153. 2114. When a Past Noble Grand may institute. A Past Noble Grand, if duly appointed, can institute a Rebekah Lodge. The appointment must come from the Grand Master. — 1896 S. G. L. Journal, 14674, 14949, 15019. 2115. Institution of new Lodge and Past Noble Grand. At the institution of a Rebekah Lodge, it is not legal to elect a member to fill the office of Past Noble Grand. The honors of that office can only be acquired by actual service as Noble Grand.— 1889 Journal, 35, 123, 163. UEBEItAH BRANCH. 527 2116. Charter member. No one can be a charter mem- ber of a Rebekah Lodge who is not actually present at the insti- tution thereof.— 1889 Journal, 35, 122, 163. 2117. Elig-ibility to office in new Lodges. At the insti- tution of a Rebekah Lodge, all of the charter members are eligible to any office therein, previous service in office not being a necessary qualification in such cases. — 1889 Journal, 33, 122, 163. 2118. To aid institution of Lodg'e. A Rebekah Lodge may appropriate money to aid the institution of a new Rebekah Lodge. — Kelton vs. Calaveras Rebekah Lodge, 1893 Journal, 347, 348, 363. 2119. Certain consent necessai^y for new Lodg'e. Peti- tioners for a charter to institute a Rebekah Lodge are required to obtain the consent of three-fourths of the Rebekah Lodges in the county where the proposed Lodge is to be instituted — provided there be four or more in the county — and present the same to the Grand Master before a dispensation can be issued for the institution of such Lodge. — 1892 Journal, 106, 120. 2120. Forms of charter and of warrant or dispensation and petition therefor. (See Forms Nos. 15, 16 and 17 of the Forms affixed to this Digest.) 2120a. Charter fee. The fee for a charter for a Rebekah Ix)dge is ten dollars, to accompany the application therefor. — Constitution Grand Lodge, Art. VIII, Sec. 2. 2121. Report of institution of new Lodge. All District Deputy Grand Masters, and all special deputies instituting new Lodges, are required, immediately upon instituting a Rebekah Lodge, to report the same to the Secretary of the Rebekah Assembly, giving name, number and location of Lodge, and a full report of all business done. — 1894 Journal, 756, 773. 2122. When no Past Noble Grand— Institution. Though nu one but a I*ast Noble (Jrand sliould deliver the Past Noble Grand's charge, yet an exception to this law prevails in the 528 REBEKAH BRANCH. institution of a Rebekah Lodge in which there is no Past Noble Grand, when any qualified member may deliver the said charge. —1896 Journal, 418, 587, 628. 2123. Past Noble Grand's charg-e. After the first term of a Rebekah Lodge, only Past Noble Grands or a Noble Grand can deliver the Past Noble Grand's charge. — 1897 Journal, 807, 1000, 1046. 2124. Who may deliver Past Noble Grand's charge. If no Past Noble Grand be present at initiation, the Past Noble Grand's charge may be delivered by the Noble Grand; but no member who has not attained either of these ranks can legally deliver the Past Noble Grand's charge. — 1895 Journal, 25, 189, 234. 2125. A qualified past officer may confer the deg-ree. The Noble Grand may invite a qualified past officer to occupy the chair during the conferring of the degree, but this right to invite a qualified officer appertains solely to the presiding officer.— 1882 Journal, 735, 844, 879. 2126. Officers at Initiation. The Noble Grand and offi- cers of a Rebekah Lodge have a right to give up their chairs during initiation.— 1894 Journal, 604, 734, 773, 2127. Initiation, when complete. The initiation of a candidate in a Rebekah Lodge is not complete until he or she has been introduced to the Lodge, which is after he or she has signed the Constitution.— 1895 Journal, 24, 189, 234. 2128. A German Lodg-e may give the deg-ree in En- g'lish. A Rebekah Lodge working in the German language may, when it considers it for the best interests of the Order, give the degree iri English; but the officers giving the work must have it committed to memory, so that they will not have to read it from the book.— 1895 Journal, 24, 189, 234. 2129. Conferring" degree on brothers. The new Ritual contains no provision authorizing or providing for the omission of any portion of the work of initiation in conferring the degree ona brother. (Ritual.) BEBEKAH BBANCH. 529 2130. Instructions how to enter Lodg^e. The Noble dge has a right to enter his or her Lodge so long as they 532 EEBEKAH BRANCH. remain members, whether in good standing or not. — 1895 Journal, 24, 189, 234. 2152. Withdrawal card, password and visiting". A person granted a Withdrawal Card by a Rebekah Lodge is entitled to visit Rebekah Lodges for one year after the date of said card on the annual password that was used at the date of the issuance of the card.— 1896 Journal, 419, 587, 628; 1880 Journal, 258, 359, 375. 2153. An unmarried woman and membership. Any unmarried woman, whether any of her relatives belong to the Order or not, is eligible to membership in a Rebekah Lodge, if she be a white woman, eighteen years of age or more, and believe in a Supreme Ruler and Preserver of the Universe. — 1895 Journal, 25, 189, 234. 2154. Residence. A lady may apply for and receive the Degree of Rebekah as soon as she is a resident. — 1890 Journal, 316, 407, 417, 436. 2155. Widow elig'ible. A widow — an unmarried woman — is entitled to be admitted to a Rebekah Lodge, although her husband was not an Odd Fellow in good standing at the time of his deat>.— 1895 S. G. L. Journal, 14239, 14487, 14570. 2156. A wife an applicant and certificate of husband's good standing". If the wife of an Odd Fellow apply for membership in a Rebekah Lodge, she should accompany her petition with a certificate from a Subordinate Lodge, certifying that her husband is an Odd Fellow in good standing of such Lodge.— 1896 Journal, 416, 587, 628; 1895 Journal, 25, 189, 234. 2157. A wife a half-breed Indian. A half-breed In- dian, the wife of an Odd Fellow, is not eligible to membership in a Rebekah Lodge.— 1889 Journal, 35, 123, 163. Note. — A woman of mixed blood, not eligible to membership — (1895 S. Indian or negro, who is the wife of G. L. Journal, 14240, 14487, 14570). an Odd Fellow in good standing, is 2158. Age of candidates for membership. Under tlie new Rebekah Code, the wife of an Odd Fellow can be admitted I KEBEKAH BRANCH. 533 to membership though she be not eighteen years of age — (Sub- division 2, Section 6). The age of eighteen years is, however, necessary to those who join under Subdivision 3, Section 6. — 1896 Journal, 418, 587, 628; 1889 Journal, 35, 123, 163; 1888 Journal, 1019, 1021, 1111, 1130. 2159. A brother an applicant and certificate of good standing". When a brother applies for membership in a Re- bekah Lodge, he should accompany his petition with a certifi- cate of good standing issued by the Subordinate Lodge of w^hich he is a member.— 1896 Journal, 417, 587, 628. Note. — An iuitiatory member of a (1895 S. G. L. Journal, 14240, 14487, Subordinate Lodge is eligible for 14570). membership in a Rebekah Lodge — 2160. Residence of brother. Any permanent resident of the district, designated in the charter of a Rebekah Lodge, being an Odd Fellow in good standing, is eligible for member- ship in such Rebekah Lodge, regardless of the locality of hi& Subordinate Lodge.— 1878 Journal, 820, 928, 965. 2161. A sister marries a non-Odd Fellow. Should a sister, a member of a Rebekah Lodge, marry a man who is not an Odd Fellow, she does not thereby forfeit her membership in the Lodge.— 1889 Journal, 35, 122, 163; 1883 Journal, 1003, 1150, 1174; 1882 Journal, 846, 85.3, 881; 1880 Journal, 257, 359, 375; 1884 Journal, 12, 18, 116, 153. 2162. The husband not an Odd Fellow. A lady who has heretofore received the Degree of Rebekah, and is not now a member of a Lodge, and who, since receiving the degree has married a man not an Odd Fellow, is eligible to membership. — 1896 Journal, 415, 587, 628. 2163. Wife of member of Rebekah Lodge. The wife of a member of a Rebekah Lodge is not entitled to be admitted into the Lodge without a certificate of her husband's good standing from his Subordinate Lodge. — 1890 Journal, 315, 410, 436. 2164. Withdrawal Cards from Subordinate and Re- bekah Lodges. A brother holding a live Withdrawal Card from a Suliordinate Lodge, and also a live Withdrawal Card from a 534 EEBEKAH BRANCH. Rebekah Lodge, cannot join a Rebekah Lodge by Deposit of Card, without first having renewed his membership in a Subordinate Lodge. To join a Rebekah Lodge he must be a member of a Subordinate Lodge. — 1897 S. G. L. Journal, 15172, 15534, 15584,15613. 2165. By Deposit of Card. A person desiring to join a Rebekah Lodge by Deposit of Card, makes out the usual form of petition and inserts therein by "Deposit of Card." Such per- son if elected, is then notified of such election, and should be in- troduced to the Lodge by the Warden, after which he or she signs the Constitution and By-Laws. — 1896 Journal, 417, 487, 628. 2166. By Deposit of Card when Card Lost. A person desiring to join a Rebekah Lodge by Deposit of Card, which card has been lost, should write to the Lodge which issued said card, obtaining therefrom a certificate, under the seal of the Lodge, that on a certain date such person had been issued a Withdrawal Card from said Lodge. This presented with the petition for membership in the Rebekah Lodge would be suffi- cient evidence to elect such person a member by Deposit of Card. —1896 Journal, 418, 587, 628. 2167. Where Withdrawal Card does not accompany petition. A sister's petition to become a member by Deposit of card was referred to a Committee of Investigation, who reported favorably thereon; ballot being had, the applicant w^as declared elected. She was introduced, signed the Consti- tution and By-Laws and was declared to be a member of the Lodge. The Withdrawal Card did not accompany the petition. All proceedings had on the petition are illegal and the Lodge should cancel the membership of the petitioner. When a per- son wishes to join a Lodge by Deposit of Card, she must accom- pany the petition with the card. Having been a member of the Order, she is presumed to know the law, and if she presented such a petition without the card, there was a violation of the law, and the Lodge in determining such a petition in the absence of the card, acts illegally. — 1896 Journal, 418, 587, 628. 2168. Expired Withdrawal Cards of husband and wife. A wife has an expired Withdrawal Card from her Rebekah KEBEKAH BKANCH. 535 Lodge. Her husband has an expired Withdrawal Card from his Subordinate Lodge. She can regain membership in a Rebekah Lodge, without her husband first joining a Subordi- nate Lodge.— 18^»5 S. G. L. Journal, 14241. 2169. Withdrawal card and membership. At the ex- piration of one year from the date of the issuance of a with- drawal card by a Subordinate Lodge, the membership of a brother in a Rebekah Lodge ceases. When the brother shall have been restored to membership in his Subordinate Lodge, and not until then, he will be entitled to reinstatement in his Rebekah Lodge in the manner and upon the terms fixed by the Constitution and By-Laws of the latter. — 1893 Journal, 358, 393, 421. 2170. The same. A brother taking a withdrawal card from his Subordinate Lodge can retain membership in a Re- bekah Lodge for only one year. To retain his membership in a Rebekah Lodge he must deposit his card in some Subordi- nate Lodge within one year. — 1897 Journal, 805, 1000, 1046. 2171. Application for membership on Visiting Card. A sister of a Rebekah Lodge in another jurisdiction and hold- ing a Visiting Card, wishing to join a Lodge in this jurisdic- tion, may make application and be balloted for in the second Lodge before she applies for a Withdrawal Card from the Lodge of which she is a member. — 1893 Journal, 277, 391, 421. 2172. Withdrawal and Visiting- Cards for Rebekah Lodges. See Forms No. 61 and 62, of the Forms affixed to this Digest. 2173. Visiting Card and application for membership. A memlicr of a Rebekah Lodge can take a Visiting Card and deposit it in another Lodge, and then, if elected, he or she must obtain a Withdrawal Card before he or she can be ad- mitted to the other Lodge as a member. — 1897 Journal, 809, 1000, 1046. 2174. Laws governing in Rebekah Lodges. All laws of the Sovereign Grand Lodge in regard to dropping or suspen- 536 REBEKAH BRANCH. sion for non-payment of dues, and in regard to reinstatement after such dropping or suspension, are extended to and goveri> Rebekah Lodges the same as Subordinate Lodges. — 1893 Jour- nal, 358, 393, 42L 2175. Reinstatement. The legislation of the Sovereign Grand Lodge providing for the reinstatement of brothers sus- pended for non-payment of dues is applicable to Rebekah Lodges.— 1897 S. G. L. Journal, 15172, 15534, 15584, 15613. 2176. Amount of dues to be paid to be reinstated. A brother or sister suspended for non-payment of dues and there- after the dues were changed, to be reinstated they must pay not less than one year's dues required at the time of their reinstatement.— 1894 Journal, 604, 734, 773. 2177. How suspended member may join ag-ain. A brother or sister who has been suspended from a Rebekah Lodge for non-payment of dues, cannot become a member of another Rebekah Lodge without first obtaining a dismissal cer- tificate or being reinstated and receiving a Withdrawal Card from the Lodge in which he or she was suspended. — 1888 Jour- nal, 1020, 1111, 1130; 1895 Journal, 24, 189, 234. 2178. Husband suspended by Rebekah Lodge. A wife's standing is not affected by her husband's being dropped from the roll of a Rebekah Lodge for non-payment of dues. — 1884 Journal, 12, 116, 153. 2179. Husband and wife suspended by Rebekah Lodge — Wife restored to membership. Husband and wife joined a Rebekah Lodge; subsequently both were suspended for non- payment of dues. She may be restored, notwithstanding his suspension, after she became a member; his standing cannot affect hers.— 1889 Journal, 35, 122, 136. 2180. Husband suspended by Subordinate Lodge — Wife suspended — Wife reinstated. On account of the non- payment of her dues, a sister stands suspended from member- ship in her Lodge in which she obtained membership, by rea- son of her marital relation to an Odd Fellow. Her husband REBEKAH BRANCH. 537 was suspended from his Subordinate Lodge. The husband's standing in his Lodge does not affect her standing in the Re- bekah Lodge either one way or the other. 8he is eligible for reinstatement.— 1895 Journal, 24, 189, 234. 2181. A sister who marries a non-Odd Fellow and is thereafter suspended. A sister who marries a man not an Odd Fellow, and is thereafter dropped from membership for non-payment of dues, may be reinstated in her Lodge. Once having had the degree entitles her to regain membership. — 1896 Journal, 416, 587, 628. 2182. Members of suspended, expelled or extinct Rebekah Lodg'es. Members of suspended, expelled or ex- tinct Rebekah Lodges can only regain membership in said Re- bekah Lodges in the manner provided in Section 5, Article XI, of the Constitution of the Grand Lodge, for the government of Subordinates in such cases. — 1885 Journal, 403, 432, 433. 2183. Suspended, or expelled, and dismissal certifi- cate. Though a person has once had the Degree of Rebekah, if such person be now under expulsion or suspension from the Order, either for cause or for non-payment of dues, such per- son is not eligible to membership in another Rebekah Lodge without first becoming reinstated within her own Lodge, or re- ceiving a dismissal certificate therefrom. — 1896 Journal, 416, 5S7, 62H. 2184. Dismissal Certificates for Rebekah Lodges. See Form No. 64 of the Forms affixed to this Digest. They are to 1)6 printed and sold at same price as other Dismissal Certifi- cate.?.— 1889 S. G. L. Journal, 11722, 11770. (See Supplies). 2185. When wife of expelled member not eligfible. The wife of a member who has been expelled for contempt, and who has deserted his family, cannot become a member of a Rebekah Lodge, if she have not the degree already, although she may pogsess the requisite good moral character. She occupies no better position than if her husband had never been a mem- ber of the Order.— 1882 Journal, 841, 875. 538 REBEKAH BRANCH. 2186. Expelled members. The first clause of Section 6, " all persons who have received the Degree of Rebekah," does not embrace an expelled Odd Fellow who once Jiad the degree, nor his wife if she had been expelled though she may have had the degree.— 1895 S. G. L. Journal, 14241, 14487, 14570. 2187. Sisters rights as to office and membership- husband. A sister can retain membership in her Rebekah Lodge and hold office therein, irrespective of the standing of her husband in the Order. — The suspension or expulsion of a brother does not affect the standing of his wife. — 1880 Journal, 257, 359, 375; 1883 Journal, 1003, 1150, 1175. 2188. When brother suspended for a year for cause. A member of a Subordinate Lodge who has been suspended therefrom for any cause whatever, for the term of one year, shall stand suspended from any Rebekah Lodge within this Grand Jurisdiction, to which he may belong. — 1891 Journal, 715, 718,731. 2189. Suspended for cause in Subordinate Lodge. A brother suspended for cause from his Subordinate Lodge stands suspended from his Rebekah Lodge during the same period, according to Section 10, Rebekah Code. During the period of his suspension he must pay his dues in both Lodges, or he may be suspended for non-payment of dues. At the expiration of the period of suspension the brother is reinstated in both Lodges without a vote, provided he has kept his dues paid in both.— 1897 Journal, 807. 2190. Suspended from Subordinate Lodge and visit- ing. A brother suspended from his Subordinate Lodge for a definite time cannot visit a Rebekah Lodge during such sus- pension.— 1897 Journal, 807, 1000, 1046. 2191. A brother's standing in the Rebekah Lodge, A brother's standing in the Rebekah Lodge depends upon his continuous good standing in a Subordinate Lodge in good standing, except in case of a brother holding a Withdrawal Card in date, his membership in a Rebekah Lodge is not affected thereby, provided he keep his dues in the Rebekah REBEKAH BRANCH. 539 Lodge paid for one year from date of Withdrawal Card. — 1897 S. G. L. Journal, 15171, 15534, 15584, 15613. 2192. Candidate must present petition. Those who have taken the Degree of Rebekah in the Subordinate Lodge cannot become members of a Rebekah Lodge without present- ing a petition and having it regularly acted upon. — 1880 Jour- nal, 256, 359, 375. 2193. Proposition for membership. See Form No. 42, of the Forms affixed to this Digest. 2194. Report of Investigating" Committee. See Form No. 43, of the Forms affixed to this Digest. 2195. When may receive proposition and ballot at special meeting* by dispensation. A Lodge cannot receive a })etition for membership, or act on the report of a committee on a petition, and ballot for membership at a special meeting unless the Grand Master or President of the Rebekah Assembly be present at the special meeting and grant a dispensation therefor. After a candidate has been elected at a regular meet- ing, a special meeting may be called to initiate such a candi- date.— 1807 Journal, 808, 1030, 1054. 2196. Who to preside at balloting*. The Noble Grand and Vice-Grand being present should not request, and the Noble Grand must not permit a Past Noble Grand to preside during balloting on applicants for membership. The Noble Grand must preside. — Bentley rs. Gem of the Valley Rebekah Lodge, 1896 Journal, 530, 558. 2197. Vice Grand's duty as to balloting*. The Vice- Grand must examine the ballot-box before the balloting, and must inspect the ballot after such balloting, as expressly rei^uired by Article IV of Constitution of Rebekah Lodges. — Bentley rs. Gem of the Valley Rebekah Lodge, 1896 Journal, 530, 558. 2198. Separate ballot for each applicant. Candidates must not be elected collectively or rejected collectively. Each candidate must he balloted for separately. — Bentley vs. Gem of the Valley Rebekah Lodge, 1896 Journal, 530, 558. 540 REBEKAH BRANCH. 2199. Not compelled to admit applicant. A Rebekah Lodge is not compelled to admit every Odd Fellow who may apply for membership; all applicants must be balloted for and there is no appeal in case of rejection. — 1889 Journal, 35, 123, 163. 2200. Right to cast black ball. The members of the Rebekah Lodge are vested with t*he sole power of determining whom they will accept as their co-members and their reasons for voting against a candidate should not be inquired into by the Grand Lodge. So declared in relation to an application for reinstatement after being dropped from the roll. — 1893 Journal, 404, 423. 2201. Number of black balls required to reject. Not less than three black balls shall be required to reject an appli- cation for membership in a Rebekah Lodge. Grand Lodges may require a larger but not a smaller number than three to reject such an application. In this jurisdiction the number of black balls required to reject is three, prescribed by Article III, Section 3, Constitution of Rebekah Lodges. — 1897 S. G. L. Jour- nal, 15170, 15560, 15616. 2202. Black balls and ballot-box. A ballot-box should not contain less than three black balls, and there should be no less than six or eight black balls. — 1896 Journal, 417, 587, 628. 2203. Offense to black-ball a candidate in violation of Sovereig-n Grand Lodg-e law. If a member of a Rebekah Lodge should cast a black ball against an unmarried lady, who applies for membership by initiation, on the sole grounds that said applicant is not related to an Odd Fellow, either by blood or by marriage, such act is in defiance of the Sovereign Grand Lodge and a violation of the Rebekah Code. Such a person should have charges preferred against him or her, and, if it be proved that such black ball was cast for no other reason than that heretofore given, he or she should be found guilty and expelled from the Order.— 1896 Journal, 417, 587, 628. 2204. Offense of Noble Grand as to balloting". If any Noble Grand or acting presiding officer, knowing that there are three or more black balls against a candidate, wilfully and REBEKAH BRANCH. 541 knowingly declare such candidate elected, charges should be preferred and the offender should be expelled. — Bentley vs. Gem of the Valley Rebekah Lodge, 1896 Journal, 530, 558. 2205. The number of black balls not to be told. Neither the Noble Grand nor the Vice- Grand has a right to tell how many black balls or cubes were cast against a candi- date. The Noble Grand should destroy the ballot immediately on announcing the result. — 1897 Journal, 808, 994, 1084. 2206. Not to tell that a person was black-balled. The ballot should be secret, and no member has a right to tell out- side the Lodge that Mr. or Mrs. So and So was black-balled in the Lodge.— 1897 Journal, 808, 994, 1034. 2207. Petition of members for reballot illeg'al. A petition circulated among the members of a Rebekah Lodge, requesting that a re-ballot be had where a rejection had taken place, is unauthorized, and should not be permitted. — 1896 Journal, 419, 587, 628. 2208. Elected to become a member; lapse of time; re- ballot. There is no law which renders the election of a person to membership by initiation void on account of lapse of time; if, however, there has been considerable time between the elec- tion and the time the candidate appears for initiation, the Lodge should reballot upon the petition, which they are au- thorized to do at any time previous to the admission. — Rebekah Constitution, Art. Ill, Sec. 4; 1896 Journal, 415, 587, 628. 2209. Elected applicant— Return of initiation fee. If the person do not api)ear in a reasonable time after notifica- tion, the Lodge should return to the petitioner the initiation fee, and by this act rescind its action in electing a person to membership. --1896 Journal, 415, 587, 628. 2210. Initiation fee returned. When the election of a candidate for membership is rendered void, on account of his or her non-appearance for initiation, the fee should be returned. — ISOr, Journal, 2.',, 1S9, 234. 2211. May reconsider a favorable ballot. A favorable ballot on application for memberftliijj in Rebekah Lodge can 542 KEBEKAH BRANCH. be reconsidered at any time prior to admission of applicant. — Ward vs. Oakland Rebekah Lodge, 1893 Journal, 865, 378. 2212. Motion to reconsider. Any member may move a reconsideration of a favorable ballot for membership. — In re Martha Washington Rebekah Lodge, 1889 Journal, 142, 160. 2213. Reconsidering" ballots and rules of order. The whole matter of reconsidering ballots for membership is regu- lated by the Constitution, and a Lodge cannot by rules of order, or otherwise, add to or take away from the conditions prescribed , in the Constitution in regard to it. — /ji re Martha Washington Rebekah Lodge, 1889 Journal, 143, 160. 2214. Voting" to reconsider. Section 4, Article 3, Con- stitution of Rebekah Lodges, provides how an unfavorable ballot upon a petition for membership may be reconsidered, and it requires it to be decided by ball ballots. It provides that a favorable ballot may be reconsidered, and does not re- quire ball ballots. The vote to reconsider a favorable ballot may, therefore, be taken in the ordinary way. In re Martha Washington Rebekah Lodge, 1889 Journal, 142, 160. 2215. May resig"n. A member can resign membership in a Rebekah Lodge without taking a Withdrawal Card. — 1890 Journal, 315, 410, 436. 2216. No cancelling" membership by erasing" of name. If a person tender his resignation from membership in a Re- bekah Lodge the Lodge should grant it if there be no charges pending against the applicant. There is no such thing as can- celling membership by erasing the name of the person from the records.— 1896 Journal, 418, 587, 628. 2217. Resig-nation must be in writing"— No expense. A member of a Rebekah Lodge who has paid all demands against him or her, may resign his or her membership, but such resignation must be in writing. No expense is attached to such resignation.— 1897 Journal, 806, 1000, 1046. 2218. When must accept resig"nation. A member clear on the books of a Lodge can resign his or her membership in REBEKAH BRANCH. 543 the Lodge without first applying for a Withdrawal Card, and the Lodge must accept his or her resignation. — 1897 Journal, 804, 1030, 1054. 2219. May pesig^n before applying* for Withdrawal Card. A member of a Rebekah Lodge, in good standing, can resign from membership in the Lodge without first applying for a Withdrawal Card. And the resignation of a member can be accepted, even if a final card have been refused. — 1886 Jour- nal, 610, 625, 647. 2220. May apply for membership after resignation. Where a brother pays up his dues in a Rebekah Lodge, and at his request is dropped from membership, he can join another Lodge thereafter by making application and depositing there- with his certificate of resignation. — 1893 Journal, 277, 278, 391, 421. 2221. Dismissal certificate and resig'nation. A mem- ber of a Rebekah Lodge who owes dues, assessments or fines, is not entitled to a dismissal certificate. On payment of all charges against her or him, he or she may resign; then the Lodge must give a certificate of such resignation. Dismissal certificates can be granted only to members who have been suspended for non-payment of dues. — 1897 Journal, 805, 1030, 1054. 2222. Signing" the Constitution. Expulsion, resigna- tion, or the taking of a Withdrawal Card severs the member's connection with a Lodge, therefore a former member cannot regain membership after expulsion, resignation, or the taking of a Withdrawal Card, without signing the Constitution of a Lodge which he or she joins, whether he or she join another Lodge or the one to which he or she formerly belonged. — 1895 .Journal, 24, 189, 234. 2223. Non-beneficial members. Members in a Rebekah Lodge are each and all of the same consideration. There is no such membership in Rebekah Lodges as a " non-beneficial " member.— 1896 Journal, 416, 587, 628. 544 EEBEKAH BRANCH. 2224. Admission fees and dispensation. A Rebekah Lodge cannot have a dispensation to reduce the admission fee for three months. — 1894 Journal, 605, 734, 773. 2225. Members should vote. Every member of a Lodge should vote, providing they be in good standing, upon all motions put to the Lodge, and upon all applications for mem- bership, unless they be excused by the Lodge. — 1895 Journal, 24, 189, 234; 1885 Journal, 288, 403, 432. 2226. Voting". The mode of voting in a Rebekah Lodge is "Yes" and "No."— 1888 Journal, 1021, 1111, 1130. Note. — But see Section 24, of the Rebekah Code, which regulates ballot- ing and voting in Rebekah Lodges. 2227. Viva voce votes. Votes "shall be viva voce" means that the vote may be either "Yea" or "Nay," or "Yes" or "No."— 1897 S.G.L. Journal, 15172, 15534, 15584, 15613. 2228. Voting- on Withdrawal Card, In voting a With- drawal Card in a Rebekah Lodge, ball ballots or cubes must be used, and a majority vote of all present is necessary to grant said card.— 1897 Journal, 807, 1000, 1046. 2229. Voting" on reports. In voting to adopt either a majority or minority report in a Rebekah Lodge, it should be by "Yes" or "No."— 1897 Journal, 806, 1000, 1046. 2230. Election. A Rebekah Lodge having been instituted the second quarter in the term does not have to elect a new set of officers and install them.— 1894 Journal, 604, 734, 773. 2231. Officers must be elected each term. A Lodge should not permit the same officers to remain in office longer than one term, without a regular election and installation. — Rebekah Constitution, Art. IV, Sec. 7; 1896 Journal, 416, 587, 628. 2232. Financial Secretary. The law of the Sovereign Grand Lodge leaves it to the discretion of the Rebekah Lodge as to whether or not it be necessary for it to elect a Financial Secretary.— 1897 S.G.L. Journal, 15171, 15534, 15584, 15613. I REBEKAH BRANCH. 545 2233. Office. Any member of a Rebekah Lodge in good standing may hold office in the Rebekah Lodge. — 1897 Journal, 805, 1000, 1046. 2234. Nominations. Nominations cannot be made on the night of election, except when all those who were previously nominated decline. — 1892 Journal, 14, 112, 127. 2235. Election of Noble Grand. A sister can be elected from the floor as Noble Grand by dispensation. — 1894 Journal, 605, 734, 773. Note. — See Section 12 of the Re- as to the couditions under which a bikah Code, and Article V, Section 1, dispensation may issue. Constitution of Rebekah Assembly, 2236. Dispensation to elect, when all qualified refuse to serve. A sister can be elected to the office of V'ice-Grand if she have never served in an appointive office or an elective office, provided all those who are eligible to the office refuse to serve, and a dispensation therefor be issued by the President of the Rebekah Assembly. — 1896 Journal, 417, 587, 628; Constitution Rebekah Assembly, Art. V, Sec. 1. 2237. Qualifications for the Noble Grand's office. Where there is a Past Vice-Grand in nomination for the office of Noble Grand, a Rebekah Lodge should not elect to that office a mem- ber who is not a Past Vice-Grand, and should the Lodge elect such a member, the District Deputy Grand Master should not install him or her.— 1881 Journal, 502, 601, 627. 2238. Service in an appointive office in any Lodg-e. If a member have held and rendered sufficient service in an appoint- ive office in one Lodge, said member is eligible to an elect- ive office in any other Lodge of which he or she may subse- quently become a member. — 1895 Journal, 25, 189, 234. ^K 2239. Appointive office and installation to qualify. A ^Hsister, who has served in an appointive office without being ^Hinstalled therein, has not acquired the qualifications to entitle ^■her to the office of Vice-Grand.— 1896 Journal, 417, 587, 628. 2240. Scene Supporter, Altar Bearer, Banner Bearer. There is properly no such ofiice in a Rebekah Lodge, as Scene 35 546 KEBEKAH BRANCH. Supporter. As accessories to the floor work, the Noble Grand may appoint Altar Bearers or Banner Bearers, but service as such is not qualifiying for election to an elective office, as they are not among the appointive offices provided for in the new Rebekah laws.— 1895 Journal, 24, 189, 234. 2241. Altar Supporter. Under the new code, an Altar Supporter is not an appointive office. Service therein does not qualify the member to election as Vice-Grand. — 1896 Journal, 419, 587, 628. 2242. Installation. A Rebekah Lodge cannot install its officers before the first regular meeting in a term. — 1894 Jour- nal, 604, 732, 771. 2243. Installation— Noble Grand-elect absent. If on the night of installation the Noble Grand-elect be absent from -any cause, the Lodge may, if it see fit, proceed to elect another person to said office. — 1895 Journal, 26, 189, 234. 2244. Installation, Arrears and Committees. A mem- ber who is in arrears for dues cannot legally be installed into any office, but such arrearages do not excuse the member from serving upon committees. — 1895 Journal, 24, 189, 234. 2245. Installation and oblig-ations. At installation cere- monies in a Rebekah Lodge, the installing officer is not obliged to call up the Lodge when the obligations to the various officers are being administered. The members may remain seated, yet should the presiding officer desire to call the Lodge up, such officer may do so.— 1896 Journal, 419, 587, 628. 2246. Past Grand and Installation. Any Past Grand in good standing may install the officers of a Rebekah Lodge, if he be a member of a Rebekah Lodge. — 1887 Journal, 768, 875, 888. 2247. Who may be present at installation. At the in- stallation of officers in a Rebekah Lodge, none but members of Rebekah Lodges can be present, except it be a public installa- tion.— 1889 Journal, 36, 123, 163, and Errata. 2248. Pa&t Noble Grands and installation. The Grand Master and District Deputy Grand Masters may, at their op- EEBEKAH BRANCH. 547 tion, request Past Noble Grands (sisters) to install the officers of Rebekah Lodges, and such installations shall be as valid as though performed by a District Deputy Grand Master. — 1886 Journal, 647, 661. 2249. Installation in Subordinate Lodg-e. The sisters of a Rebekah Lodge cannot be present at the installation of the officers of a Subordinate Lodge, unless it be a public installa- tion.— 1858 Journal, 331, 398. 2250. Joint public installation of Subordinate and Re- bekah Lodg'e. A Subordinate Lodge and a Rebekah Lodge may hold a joint public installation, provided they obtain dis- pensations for the purpose and use the form for public in- stallation prescribed by the Sovereign Grand Lodge. — 1897 Journal, 804, 805, 994, 1034. 2251. Service required for honors of Past Noble Grand. A meml)er who has served the majority of the nights of a term, and to the end of the term as Noble Grand, is enti- tled to the honors of Past Noble Grand, whether she serve in the office of Past Noble Grand or not. Such honors are a re- ward for service as Noble Grand, irrespective of further service. The only possible method of obtaining the honors of Past Noble Orand is by the required service as Noble Grand. — 1895 Jour- nal, 24, 189, 234. 2252. When Noble Grand becomes Past Noble Grand. A Noble Grand of a Rebekah Lodge becomes a Past Noble <5rand on the installation of his or her successor, if he or she have served the requisite number of meetings and to the end of the term. It is not necessary for the District Deputy to tell her to take her seat as Past Noble Grand, or for the Lodge to -declare it. She is entitled to the honor for service as Noble Grand.— 1897 Journal, 807, 1000, 1046. 2253. Past Noble Grand and installation. A Noble "Grand of a Rebekah Lodge becomes a Past Noble Grand on the installation of her successor, if she have served the proper time, whether she be present at the installation or not. A Nol)le Grand becomes a Pa.««t Noble Grand from service and not from inntallation.— 1897 Journal, 807, 1032, 1055. « 548 EEBEKAH BRANCH. 2254. Insufficient service as Noble Grand. A sister elected to the office of Noble Grand, who does not serve a ma- jority of the nights of the term, but has been granted a leave of absence from her Lodge, and even though the Lodge vote to- confer upon her the honors of Noble Grand, is not entitled to the honors of that office.— 1896 Journal, 417, 587, 628. 2255. The same. The Noble Grand of a Rebekah Lodge who attended three meetings of her term, was taken sick, and when recovered did not attend any more during the term, is not entitled to the honors. — 1894 Journal, 605, 734, 773. 2256. Honors of office, and not sig-ning" the Consti- tution. A person admitted to a Rebekah Lodge, but w^ho did not sign the Constitution and By-Laws, and was elected to office, served in that office, went to the Rebekah Assembly, and after- wards signed the Constitution and By-Laws, is entitled to the honors of the elective office if he or she served in the elective office the required time.— 1897 Journal, 805, 1000, 10046. 2257. Past Noble Grand not an officer. The chair of the Past Noble Grand is not an office, nor is the Past Noble Grand an officer.— 1895 S. G. L. Journal, 14239, 14539, 14570. 2258. Rank of Past Grand. A Past Grand who becomes a member of a Rebekah Lodge holds the same rank in the Rebekah Lodge that he holds in his Subordinate. — 1888 Jour- nal, 1094, 1104, 1128. 2259. Absence of officer, and vacancy. The office of Vice-Grand cannot be declared vacant when she has been absent three times as follows: that is, twice out of town and once sick in bed.— 1894 Journal, 603, 731, 771. 2260. Special or Contingent Fund. Grand Lodges may authorize Rebekah Lodges to set aside five per cent, of the receipts for dues for the special or contingent fund, notwith- standing Section 34 of the Rebekah Code. — 1897 S. G. L. Jour- nal, 15171, 15534, 15584, 15613. Note.— As to the Special or Contingent Fund, see Sec. 1238 of this Digest. 2261. Funds cannot be appropriated for a ball, etc., but certain special fund may. The funds of a Rebekah EEBEKAH BRANCH. 549 Lodge can not be legally appropriated for a ball, supper, enter- tainment, etc. If the By-Laws of the Lodge provide that five per cent, of the annual income from dues be set aside and placed in a special fund, this money can be expended for such purposes. Though the Rebekah Code provides that the Re- bekah Lodge shall cultivate the social feature of the Order, it is not intended that this should give to it the license to expend its money for dinners, parties, entertainments, etc. — 1896 Jour- nal 417,' 587, 628. 2262. Supper, ball, party, amusement. A Rebekah Lodge has no right to use its funds to pay the expenses of a supper, ball, party or any other amusement. Such expendi- tures of the Lodge funds is a misappropriation and contrary to the principles of the Order. Such expenditures cannot be made, even upon the celebration of the anniversary of the Order or institution of the Lodge. — Durwater vs. Evergreen Rebekah Lodge, 1895 Journal, 138, 178. 2263. Donation by Subordinate Lodge— Purchase of tickets. A Subordinate Lodge may donate to Rebekah Lodge to aid them in purchasing necessary and appropriate parapher- nalia for the work of the Rebekah Lodge, but has no right to buy tickets for a concert or ball for the purpose of raising funds for that purpose. — Leggett vs. Donner Lodge, 1890 Journal, 443, 448. 2264. Jewel for member. A Rebekah Lodge has no right to expend its funds for a jewel for a member. The funds are trust funds and should not be used for such purpose. — 1897 Journal, 807, 994, 1034. 2265. Meetingfs to exemplify work. A State Grand Lodge may authorize any Rebekah Lodge within its jurisdic- tion to open a session of such Lodge, presided over by its offi- cers, to meet at any place within its jurisdiction during the. session and at the place of meeting of such Grand Lodge, fo the puri)08e of exemplifying, in the presence of the members of the Order entitled to witness the same, the Rebekah work, — 1889 Journal, 66. 550 REBEKAH BRANCH. 2266. The same— Member of Grand Lodg^e. No mem- ber of a Grand Lodge is entitled to witness such exemplifica- tion by reason of his being such member of or a representative to a Grand Lodge. — 1889 Journal, 66. 2267. Grand Lodg-e and Degree of Rebekah. The work of the Degree of Rebekah should not be rehearsed in the Grand Lodge. Those not in possession of it, have no right to witness it.— 1889 Journal, 123, 165. 2268. Noble Grand and reg-alia. It is not legal for a sister, when Noble Grand of a Rebekah Lodge, to wear the re- galia prescribed for Noble Grands of Subordinate Lodges. — 1878 Journal, 827, 946, 974. 2269. Regalia. The regalia to be worn in a Rebekah Lodge is for brothers who are not officers of the Rebekah Lodge the same that they are entitled to wear in a Subordinate Lodge, and for sisters who are not officers thereof nor Past Noble Grands, the badge or collar of pink and green of the Degree of Rebekah.— 1889 Journal, 35, 122, 163; Section 25, Rebekah Code. Note.— A brother not an officer of Journal, 15172, 15534, 15584, 15613), a Rebekah Lodge has a ^ight to wear Section 25 of the Rebekah Code pre- his Encampment regalia when sitting scribes the regalia and jewels of in a Eebekah Lodge.— (1897 S. G. L. officers and members. 2270. Reg'alia of brothers. Brothers in a Rebekah Lodge must wear the regalia they are entitled to wear in a Subordinate Lodge as brothers, and not as officers of the Sub- ordinate Lodge.— 1897 Journal, 808, 1000, 1046. 2271. A brother, an officer and reg'alia. A brother who holds an office in a Rebekah Lodge should wear the regalia pertaining to such office, and not the regalia pertaining to a similar office in a Subordinate Lodge. — 1892 Journal, 14, 112, 127. Note,— An officer of a Kebekah law for such office.— (1897 S. G. L. Lodge, whether a brother or a sister, Journal, 15172, 15534, 15584, 15613). must wear the regalia provided by 2272. Proper badg-es at funeral for brothers and sis- ters. At the funeral of a member of a Rebekah Lodge the REBEKAH BRANCH. 551 brothers should wear the badge appropriate to their standing either in the Subordinate Lodge or Encampment. The brothers should not wear the funeral badge of the Rebekah Lodge; sisters alone wear this badge. — 1896 Journal, 418, 587, 628. Note.— The Sovereign Grand Lodge supplies.— (1887 S. G. L. Journal, has adopted a Rebekah funeral ser- 10983, 11026, 11031, 11037). vice, which is printed and sold as 2273. When children excluded. When children reach the age of understanding they should be excluded from the Lodge-room. As a matter of precaution, all children over two years of age should not be permitted to remain in the Lodge- room.— 1896 Journal, 419, 587, 628. 2274. Trial of brothers or sisters. A Rebekah Lodge may try, suspend or expel a member, male or female. — 1875 Journal, 281, 295; 1873 Journal, 871, 892. 2275. Dismissal of charges and appeal. A Lodge dis- missed charges. An appeal therefrom must be taken within two weeks. An appeal taken four weeks thereafter dismissed by Grand Lodge as not taken in time. — Due vs. Teutonia Re- bekah Lodge, 1896 Journal, 526, 558. 2276. Errors on appeal must affirmatively appear. The law presumes in favor of the legality of the action of a Lodge, and its action should not be disturbed on appeal unless error affirmatively appears. — In re Martha Washington Re- bekah Lodge, 1889 Journal, 143, 160. 2277. Venue in Charges. Charges should aver the place where the alleged offense occurred. They should give at least the county. — Howard vs. Martha Washington Rebekah Lodge, 1891 Journal, 666, 674. 2277a. Charges against Noble Grand. When changes are preferred against the Noble Grand of a Rebekah Lodge, the Vice-Grand takes the chair of the Noble Grand and thus becomes the acting Noble Grand, and as such appoints three members of the Trial Committee. The member appointed to take the chair of the Vice-Grand becomes the acting Vice-Grand, and as such ■ 552 REBEKAH BRANCH. appoints the other two members of the committee.- nal, 805, 1000, 1046. 1897 Jour- 2278. Introducing" visitors. A representative to the Sove- reign Grand Lodge, or any elective officer of a Grand Lodge who is a member in good standing of a Rebekah Lodge, has the right to introduce a visitor into a Rebekah Lodge in his own jurisdiction whom he knows to be a member of a Rebekah Lodge in good standing of another jurisdiction. — 1892-1895 S. G. L. Journal, 13614, 13196, 14249, 14525, 14570. 2279. Introduction of visitor by elective Grand Officer. An elective officer of the Grand Lodge has no power to intro- duce into a Rebekah Lodge, a member of the Order who is not a member of a Rebekah Lodge. — 1885 Journal, 436. 2280. Notice. When a brother joins a Rebekah Lodge,' the Secretary of the Rebekah Lodge should immediately notify his Subordinate Lodge of that fact, and then the Secretary of the Subordinate Lodge must make a record of his membership in the Rebekah Lodge, so as to be able to carry out Section 8, of Article VIII, Constitution Subordinates. — 1897 Journal, 804. (See Section 10a Rebekah Code). 2281. Change of name by marriag*e. The Secretaries of Rebekah Lodges should change on their records, the names of sisters who marry persons of a different name, and should note the change of name in their report to the Grand Secretary. — 1880 Journal, 257, 359, 375. 2282. When sisters may be admitted to Subordinate Lodge-room. During a recess of a Subordinate Lodge, sisters of the Degree of Rebekah, and others, may be admitted to its Lodge-room. They should not be admitted under '' Good of the Order."— 1897 Journal, 808, 994, 1036. (See Recess). 2283. By-Laws. An amendment to a By-Law of a Re- bekah Lodge that was never presented to the Committee on Laws, of Subordinates of the Grand Lodge for its approval, is not law.— 1892 Journal, 15, 97. 103; 1884 Journal, 13, 116, 153. \ EEBEKAH BRANCH. 553 2284. Changing" the amount of dues. It is necessary to have the approval of the Committee on Laws of Subordinates of the Grand Lodge to an amendment to the By-Laws, changing the amount of dues. — 1892 Journal, 15, 97, 103; 1885 Journal, 287, 403, 432. 2285. Forfeiture of charter. Where the charter of a Rebekah Lodge has been dechxred forfeited by the Grand Lodge, although the charter has not been actually taken up, the mem- bers cannot legally work as a Lodge under such charter. They must petition the Grand Lodge either for the institution of a new Lodge or the resuscitation of the old one. — 1885 Journal, 288, 403, 432. 2286. Rebekah Veteran jeweL Any sister who has been a member in good standing of a Rebekah Lodge for fifteen con- secutive years shall be entitled to wear a jewel, to be designated the Rebekah Veteran Jewel, I. 0. 0. F.— 1891 S. G. L. Journal, 12701. 2287. Forms of Reports. Form of Annual Rebekah Re- port of Grand Lodge. (See Form No. 2 of the Forms affixed to this Digest). Forms of Annual and Semi-Annual Reports of Rebekah Lodge. (See Forms Nos. 8 and 9 of the Forms affixed to this Digest). 2288. Special meetings. After the close in regular form of a regular meeting, the Noble Grand and a few members held a meeting and transacted some business, and the minutes thereof were entered on the records. The By-Laws require the Secretary to notify the members of special meetings. No notice was given to the members. The onl}^ ones who were informed were those who attended. The meeting was illegal and its acts void, and they were, on appeal, annulled by the Grand Lodge. — Hancock vs. Elmwood Rebekah Lodge, 1897 Journal, 953,977. 2288a. Minutes and records must not be mutilated or torn. Minutes of a Rebekah Lodge can be corrected by a re- solution or motion duly presented, and carried by the Lodge. The records cannot be mutilated or torn out. — 1896 Journal, 416, 587, 628. 554 REBEKAH LODGES, COMMITTEE ON. 2288b. Who should preside. In the absence of the Noble Grand, the Vice Grand must preside, and perform all the duties and functions of that office. If the Noble Grand be present, the Vice Grand cannot preside. — 1896 Journal, 417, 587, 628. 2288e. Sick and funeral benefits. Under the new Code, a Rebekah Lodge cannot pay " sick benefits '' to a member, nor can it pay *' funeral benefits." In cases of necessity, the Lodge may make appropriate donations. The members of a Rebekah Lodge, however, are entitled to be visited when sick, and given such care and attention as the principles of the Order dictate. —1896 Journal, 416, 587, 628. 2289. Attentive benefits. Rebekah Lodges are now charged with the duty of rendering " attentive benefits " the same as Subordinate Lodges. — 1895 S. G. L. Journal, 14241, 14487, 14570. 2290. Rebekah Lodg'e not called a Subordinate Lodg-e. " Subordinate Lodge " has and holds a technical meaning, and does not include a Rebekah Lodge. — 1895 S. G. L. Journal, 10139, 10185. (See Orphans' Home). REBEKAH LODGES, COMMITTEE ON. 2291. Committee on Rebekah Lodg-es a regular com- mittee. There shall be appointed at each annual session of the Grand Lodge a regular committee on Rebekah Lodges from among the members present. — Constitution Grand Lodge, Art. VI, Sec. 2. 2292. Committee on Rebekah Lodg-es— Its duties. The committee on Rebekah Lodges shall consist of five members, who shall be appointed by the Grand Master, by and with the consent of the Grand Lodge, whose duty shall be to examine into and report upon all matters relating to that Degree, and to Lodges of that Degree in this jurisdiction, as shall be referred to it. — Constitution Grand Lodge, Art. VI, Sec. 13. EECEIPTS-RECESS-RECONSIDEKATION. 555 RECEIPTS. 2293. Official certificates. The official certificates pre- scribed by the legislation of the Sovereign Grand Lodge must be used by Lodges as receipts for dues, etc. (See Official Certificates). 2294. Receipts should be given. Upon the payment of money to the Secretary of a Lodge by a member, a receipt should be given for the same. — 1889 Journal, 32, 122, 163. (See Dues; Fees; Seal; Officers). RECESS. 2295. Entering" or retiring during. The Noble Grand alone has the power to admit a brother or permit him to retire during recess. — 1862 Journal, 310. 2296. Visiting brother. Such brother cannot be passed into a Lodge by a Past Grand, or an officer, or a member, on his own responsibility, during the recess for the purpose of init- iation.— 1858 Journal, 390. 2297. Admission into Lodge-room. A member of a Lodge entering a Lodge-room while the Lodge is in recess, should be required to retire and work his way in, according ta law, when the Lodge resumes its regular session. — 1895 Jour- nal, 21, 185, 235. 2298. Sisters of the Degree of Rebekah and others admitted to Lodge-room. During a recess of a Subordinate Lodge, sisters of the Degree of Rebekah and others may be admitted to the Lodge-room, but the semi-annual password should be taken up on again calling the Lodge to order. They should not be admitted under "Good of the Order." — 1897 Jour- nal, 808, 994, 1034. • RECONSIDERATION. (See Ballot and Voting; Order, Rules and Questions of). 556 KEG ALIA. REGALIA. 2299. Must wear prescribed reg-alia. Officers and mem- bers of Subordinate Lodges are prohibited from wearing any- other than the prescribed regalia. — 1853 Journal, 38. Note. — The regalia of the Order shall be as follows, to wit: Collars of Subordinate Lodges shall be white, trimmed with the emblematic color of the degree intended to be repre- sented, namely: First Degree, pink; Second Degree, blue; Third Degree, scarlet; Initiatory Degree, a plain white collar. Kosettes of the appro- priate color may be worn upon the collar. Among those who may have attained the Royal Purple Degree, rosettes composed of black, yellow and purple, may be worn on the col- lars, either in connection with the other colors or as a separate rosette. The Noble Grand, Secretary and Treas- urer shall each wear a scarlet collar trimmed with white or silver; the Vice-Grand, a blue collar trimmed in like manner. Supporters of the Noble Grand and Vice-Grand shall wear sashes of the color of those ofi&cers respectively. Warden and Conductor, black sashes; Scene Supporters, white sashes; Chaplain, white sash; Outside Guardian, scarlet sash; Inside Guar- dian, scarlet sash. The position of each officer shall be indicated by the jewel of the office. Past Grands shall wear scarlet collars or sashes trimmed with white. The collars or sashes may be trimmed with silver lace or fringe, and those having attained the Royal Purple Degree may have trim- mings of yellow metal. The Grand Officers and Fast Grand Officers of Grand Lodges shall wear the regalia of Past Grands, as above defined. The regalia for Grand Representatives shall be a collar of purple velvet, not more than four inches in width, with a roll of scarlet velvet, the trimmings to be of white and yellow metal, and the color to be united in front with three links, to which may be siis- pended such medal or medals as the member may be entitled to wear. Fast Grand Representatives and the officers and past officers of the Sove- reign Grand Lodge of the Independ- ent Order of Odd Fellows shall wear the regalia above described for Grand Representatives. Grand Representa- tives and Fast Grand Representatives shall be entitled to wear medals of the size and style of those of the Grand Sire, with the coat of arms of the State represented. The regalia of a Past Grand who is also a Past Chief Patriarch, may, in lieu of any other regalia to which he may be entitled, be a scarlet collar, trimmed with white, the collar not to be more than five-anda-half inches wide, with a roll of pui-ple two inches wide, trimmed with yellow; the col- lar to be united in front with three links. The above described regalia may be worn by a brother who has passed the chairs in a Lodge and in an Encampment, in any Grand or Subordinate Lodge or any Grand or Subordinate Encampment. The collar maybe of scarlet velvet, with while metal trimmings and the roll of pur- ple velvet, with yellow metal trim- mings.— (By-Laws S. G. L., Art. 22; 1868 S. G. L. Journal, 4356, 4401; 1869 S. G. L. Journal, 4668, 4685; 1872 S. G. L. Journal, 5518, 5547; 1880 S. G. L. Journal, 8466, 8488; 1881 S. G. L. Journal, 8763). KEG ALIA. 557 2300. Cannot add to prescribed reg-alia. The regalia for Subordinate Lodge officers is prescribed by the laws of the Sovereign Grand Lodge, and no such officer can wear on his regalia the sun or moon worked in gold or silver. — 1856 Jour- nal, 203. 2301. Must not be used on the stag^e. The law does not allow the regalia of the Order to be used in public on the stage in the performance of a drama, even where the object is to illustrate " Charity."— 1889 Journal, 74. 2302. Should not be worn with robes. None of the officers who wear robes at initiation should wear their official regalia at the same time. — 1891 Journal, 585, 686, 715. 2303. Must wear reg-alia. Every member of a Lodge is bound to wear the regalia for the degree he has attained, and no brother should be allowed to sit in a Lodge unless he be clothed in the regalia as laid down in the rules, reguhxtions, and laws of the Sovereign Grand Lodge. — 1856 Journal, 203. Note.— No brother is entitled to clothed in regalia — (1857 S. G. L, enter or leave the Lodge-room unless Journal, 2699, 2764, 2810). 2304. Officer entering" a Lodge. An officer of the Lodge whose regalia is in his chair in the Lodge-room, cannot enter without any regalia during a session of the Lodge; he must enter in the regalia appropriate to his rank — in scarlet regalia, if a Scarlet Degree member; in a Past Grand's regalia, if a Past Grand, etc., and then exchange it for his official regalia at his station.— 1897 Journal, 1030, 1054. 2305. Encampment regalia. When a brother visits his own, or any other Grand or Subordinate Lodge, he may wear the regalia of the Encampment or of the highest degree he ha» attained.— 1896 Journal, 408, 588, 629; 1891 Journal, 718,719, 731; 1862 Journal, 280, 281. 2306. Past Grand not having Royal Purple Degree. A Past Grand who is not in possession of the Royal Purple Degree is not entitled to wear a Past Grand's regalia trimmed with yellow. — 1861 Journal, 195. 558 KEGALIA. 2307. While speaking* or voting*. No brother has the right to speak or vote upon any proposition in any Lodge, Grand or Subordinate, without being clothed in proper regalia, except in a Grand Lodge which uses badges or ribbons therein. 1881 S. G. L. Journal, 8677; 1884 Journal, 167. 2308. May wear badg-e or ribbon in Grand Bodies. At sessions of Grand Bodies, in lieu of regalia, a ribbon may be worn of the color of the highest degree the member has attained, having attached thereto any jewel which he is en- titled or required to wear, provided that Grand Bodies may adopt a badge of uniform size and design, the color to conform with existing regulations. — 1895 S. G. L. Journal, 14543, 14568. 2309. When receiving* the deg"rees. When candidates are introduced to receive the degrees, no regalia is required or proper. — Carr vs. North Star Lodge, 1860 Journal, 76. 2310. Brothers out of standing*, in procession. Lodges have no right to allow persons not in good standing to appear in procession with regalia on. — 1861 Journal, 195, 203. 2311. Regalia in ball-room only by dispensation. A Lodge has no right to appear in a ball-room with regalia on, except by dispensation. — 1860 Journal, 85, 86. 2312. Noble Grand retires to examine, etc., visitor. The Noble Grand shall retain his regalia while vacating his chair for the purpose of retiring to the ante-room to examine or communicate the annual traveling password to a brother visiting on a card. In his absence the Right Supporter should occupy the Noble Grand's station, and the brothers must recog- nize the occupant of the Noble Grand's station, even though he be not clothed in the regalia of that office. — 1878 Journal, 934, 936, 970. ordinate station in the Lodge should wear the regalia of the office he thus occupies — (1849 S. G. L. Journal, 1443, 1475, 1511). Note. — The Vice-Grand, while oc- cupying the chair of the Noble Grand, must wear the regalia of the Noble Grand. A brother occupying, either permanently or temporarily, a sub- 2313. Funeral. A Lodge has no right to wear the regalia of the Order at the funeral of a brother without having first I REGISTER OF MEMBERS— REINSTATEMENT. 559 obtained a dispensation from the Grand Master. — 1889 Jour- nal, 33, 122, 163. 2314. Reg'alia in public processions. Lodges may join in a public procession in regalia in connection with other or- ganizations, when invited to do so by the civil or other author- ities, permission for that purpose having first been obtained from the Grand Master.— 1866 Journal, 189, 229. 2315. Officers' regalia. The regalia worn by an ofhcer of a Lodge is indicative of the office and not the degree of the wearer. — 1857 Journal, 287. 2316. A Past Grand not installed. A Past Grand who has not been installed as such, nevertheless has the right to wear a Past Grand's regalia in visiting a Lodge. — 1881 Jour- nal, 502, 601, 627. 2317. Past Grands. They must wear Past Grand's regalia, when entering a Lodge. — 1860 Journal, 46. (See Funeral; Dispensations; Liquors; Ball). REGISTER OF MEMBERS. 2318. Duty of Grand Secretary— Form. The Grand Secretary to keep in his office, and as part of the records of the Grand Lodge, a register of all members. Blank form of such register prescribed. — 1877 Journal, 594; 1878 Journal, 799, 952, 078; 1879 Journah 32, 116, 139; 1880 Journal, 271. 2319. Enrollment of members at sessions. All Past Grands and Representatives attending any sessions of the Grand Lodge, shall be required to enroll their names and the name and number of their respective Lodges on entering the Grand Lodge, in a book to be provided therefor by the Grand Secretary, in order that a full roll of the Past Grands and members in attendance at every session may be preserved. — 1878 Journal, 917, 952. REINSTATEMENT. (See Menilxjrship; Fees). 560 KELATIVES-RELIEF COMMITTEE AND RELIEF. REJECTIONS. 2320. Notice of. When a candidate for initiation has been rejected, notice thereof shall be sent without delay to the Grand Secretary and to all Lodges in the county and district. Constitution Subordinates, Art. Ill, Sec. 5. 2321. The same. Notice of all rejections shall forthwith be forwarded to every Lodge in the county; to the Subordinate Encampment and Rebekah Lodge of which the brother is a member, and to the Grand Secretary. — Constitution Subordi- nates, Art. VIII, Sec. 8. 2322. Applicants by card or dismissal certificates. It is the duty of the Recording Secretary to notify the Grand Secretary and the Lodges in the county and district, imme- diately, of the rejection of applicants by card or by dismissal certificate.— 1876 Journal, 391, 474, 508; 1882 Journal, 736, 739, 844, 879. (See Membership; Black Book). RELATIVES. 2323. May hold office in same Lodge. Persons akin to each other, no matter how close the relation, may hold office at the same time in the same Lodge. — 1871 S. G. L. Journal, 4992, 5194, 5245. (See Benefits). RELIEF. (See Assistance to Lodges). RELIEF COMMITTEE AND RELIEF. 2324. General Relief Committees recog-nized— Their powers. This Grand Lodge recognizes the organization and legality of the General Relief Committee of the City of San Francisco, instituted December 6th, 1852, and all other organ- izations of a similar character. All General Relief Committees of this jurisdiction have full power to grant relief, to demand a return of moneys expended and have charge of all things relating to visiting brothers RELIEF COMMITTEE AND RELIEF. 561 holding good and valid cards asking for relief. — 1854 Journal, 76; 1876 Journal, 500. 2325. Support of General Relief Committees. When- ever General Relief Committees are established in this juris- diction, each Lodge represented in these bodies shall contribute from time to time such sums of money as may be necessary to carry out the laws of the Order, not exceeding two dollars per annum for each member belonging to such Lodge, and in all respects these committees shall have the corporate powers and privileges necessary to carry out the objects of their organiza- tions. — 1854 Journal, 76. 2326. Formation of, not compulsory. There is no law requiring the formation of Relief Committees. They are vol- untary associations on the part of the Lodges, and they have a right to withdraw their representatives at any time. — 1891 Journal, 586,686, 715. 2327. Who may be a member. A brother not a mem- ber of a San Francisco Lodge can become a, member of the San Francisco General Relief Committee if he be properly delegated by a Lodge or Encampment represented in said committee, and the committee will receive him. — 1885 Journal, 287, 403, 433. 2328. Representative from Encampment. It is optional with a General Relief Committee as to the admission as mem- bers thereof of representatives from Encampments. There is no law of the Grand Lodge in reference thereto. — 1888 Journal, 1023, nil, 1130. 2329. Rules reg'ulating' Relief Committees and Lodg-es. When an application is made to a sister Lodge or Relief Com- mittee for assistance, it shall be their duty to immediately com- municate with the Lodge to which the brother belongs, and when notified that he is entitled to benefits, and the amount thereof under the By-Laws of the Lodge, they shall pay the same, and the Lodge to which the brother belongs shall be holden for the amount. Should the brother taken sick require immediate assistance, the Lodge or Committee may render Buch assistance, but not to exceed two weeks' benefits, provided 562 RELIEF COMMITTEE AND RELIEF. the brother be in possession of the current semi-annual pass- word, and the Lodge to which the brother belongs shall be holden for the same, provided the Lodge or Committee comply with the provisions of this section. — 1864 Journal, 576. 2330. Same power as Lodges. A Relief Committee has no further or higher powers than a Lodge would have under similar circumstances. — 1869 Journal, 121; 1870 Jour- nal, 302. 2331. Appeals. The Legislation of the Grand Lodge grants General Relief Committees the right to appeal from the action of Lodges in certain matters. (See Appeals). 2332. Their relations to Lodge and Grand Lodge, etc. Such Bodies recognized by the Grand Lodge, which are not in possession of legal charters as Lodges, or which are organized in a manner unknown to ancient usage, are directly responsible to the Lodges represented in the Grand Lodge, and have no power to address the Grand Lodge or any Grand Officer officially, ex- cept through said Lodges. Such Bodies have no power to ask dispensations from the rules of the Order, either for themselves or for said Lodges, in any matter whatever, and have no right to pass upon any question of official action or propriety of Grand Officers, and have no power to address the Grand Master or any other Grand Officer to ask dispensations or for any other purpose. — 1858 Journal, 370, 376. 2333. Semi-Annual Password. A member of a Relief Committee has the right to demand the Semi-Annual Password of a brother sick or in distress, if the brother seek relief. — 1869 Journal, 112, 117. 2334. Orphans. A General Relief Committee cannot use money for the relief of orphans of a deceased brother who held a Withdrawal Card at the time of his death.— 1879 Journal, 131, 143. 2335. Claims upon Lodges. A General Relief Commit- tee, as a matter of right, can claim from the Lodge of a brother I RELIEF COMMITTEE AND RELIEF. 563 whom it has relieved, only what is allowed by the By-Laws of the brother's Lodge.— 1869 Journal, 119, 120, 121; 1870 Jour- nal, 302. 2336. The same. When a sick brother of a Lodge of this jurisdiction is absent from his Lodge's location, another Lodge of this jurisdiction may grant relief not exceeding two week's benefits, and his Lodge will be holden for the same provided he have the Semi-Annual Password, and the Lodge notify his Lodge as required by law. — Pajaro Lodge vs. Laguna Lodge, 1883 Journal, 1087, 1179. 2337. Care of the sick. In cities where there is a Gen- eral Relief Committee a sojourning brother reported sick to the Relief Committee cannot be turned over to the care of some Lodge that does not belong to the Relief Committee. Neither can a Lodge (not belonging to the Relief Committee) turn over to said Relief Committee a brother reported to said Lodge as being sick.— 1897 Journal, 805, 1030, 1054. 2338. Immediate communication to sick brother's Lodg'e. Where a brother of a Lodge of this jurisdiction makes application for benefits to another Lodge of this jurisdiction, it is the duty of that Lodgfe to communicate with the brother's Lodge at once, and to await an answer, that the brother is en- titled to benefits, etc., from that Lodge. — Pajaro Lodge vs. La- guna Lodge, 1883 Journal, 1179. 2339. Expressage upon benefits sent. Where a brother has been paid benefits by a General Relief Committee, the brother's Lodge has the right to charge the brother with the expressage upon the money sent by the Lodge to reimburse the said committee for the benefits so paid. — 1884 Journal, 12, 116, 153. 2340. Unauthorized acts of a brother. Where a Lodge makes an inquiry of another Lodge whether a deceased brother was in good standing and entitled to benefits, and a member takes it upon himself to respond and answers that he was in good standing and entitled to benefits at the time of his death, wlun in reality he was not, the brother's Lodge is not respon- 564 RELIEF COMMITTEE AND RELIEF. sible therefor, because the member had no authority to bind his* Lodge. Had he that authority, his Lodge would be bound thereby. — Joaquin Lodge vs. Progressive Lodge, 1876 Journal^ 406, 483, 503. 2341. Failure to notify Lodge of expenditures. Where a General Relief Committee has expended certain sums as Sick and Funeral Benefits for a brother under its care, and there- after the brother's Lodge also expends a sum of money for Funeral Benefits for the same brother, not knowing that the General Relief Committee had already made the expenditure warranted by the By-Laws of the Lodge and the General Relief Committee, and its officers having failed to notify the Lodge of its expenditures when they ought to have done so^ the Lodge in settling with the committee has the right to deduct from the committee's bill the amount paid by the Lodge itself^ —1883 S. G. L. Journal, 9256, 9289, 9349, 9381. 2342. Mistake as to good standing* of sick brother. Where a Lodge makes a mistake in reporting a brother in good standing to a sister Lodge or Relief Committee, and recom- mends the payment of benefits to the brother, the Lodge can correct its mistake and withdraw its recommendation for ben- efits, provided circumstances will permit the sister Lodge or Relief Committee to remove the sick brother from their care- without injury to him. The sister Lodge or Relief Committee can recover from the brother's Lodge all moneys expended up- to the time the sister Lodge or Relief Committee with proper effort can provide for said brother's care without endangering^ his life.— 1874 Journal, 94, 113, 114. 2343. Notice to Lodge of brother's sickness. Where^ the By-Laws of a brother's Lodge provide that " any member of the Lodge, at a distance from this village, claiming benefits,, shall immediately notify a Lodge in his vicinity, if there be one within a reasonable distance," and the By-Laws then pro- ceed and provide for notification of the brother's own Lodge, in case there is no Lodge within a reasonable distance, and conclude as follows : " No member shall be entitled to benefits for more than one week anterior to the receipt of such notice by this Lodge." the brother is not responsible for any failure RELIEF COMMITTEE AND RELIEF. 565 or neglect on the part of the Lodge to which he is reported sick to notify his own Lodge of his sickness. The Lodge to which the brother is reported sick is the agent of the brother's own Lodge, and notice to the agent in the direct line of his agency- is notice to the principal. — Swank vs. Independence Lodge, 1878 Journal, 828, 946, 974. 2344. Extent of Lodg-e's Liability for funeral benefits. A Lodge shall be responsible for funeral benefits expended by a General Relief Committee in the case of a brother who died under their charge, to such an extent and amount as may be allowed by the By-Laws of the brother's Lodge, and no more. Where the Lodge fully complies with its By- Laws, by refunding to the Relief Committee the full amount required by its By-Laws, no further demand can be made as a right upon the Lodge for further expenditures. — General Relief Committee of Sacramento vs. Evening Star Lodge, 1881 Jour- nal, 587, 618, 628. 2345. Nurses. The care of the sick is one of the highest 161. 2346. Claims for nurse hire. Where the By-Laws of a .> Lodge do not provide for the payment of nurse hire, and the j^B Lodge informs a General Relief Committee, in whose care a ^^H brother of the Lodge happens to be, of that fact, and that the ^^H Jjodge declines to pay nurse hire for the brother, the committee v^m Jia« "o legal claim against the Lodge for any amount expended ^^Bfor that purpose.— 1882 Journal, 850, 881. 566 RELIEF COMMITTEE AND RELIEF. 2347. General law as to nurses. First. The endorse- ment on a brother's card, that his Lodge does provide for hiring a nnrse, is to be regarded by any Lodge or Relief Committee as authority to hire a nurse for a transient sick brother, when the nature of the sickness requires such nurse's attention. Second. It shall be the duty of the Recording Secretary of a Subordinate Lodge, when he issues a Visiting Card, to endorse thereon the character of attentive benefits allowed by the By- Laws of such Lodge, and if such By-Laws allow the hiring of nurses during sickness, such fact shall also be stated, together with the compensation allowed per night for such nurses, which indorsement shall be signed by such Secretary, with the seal of the Lodge attached. Third. A Lodge or Relief Committee which provides for nursing its own members by draft, cannot hire a nurse for a transient sick brother who is not afflicted with a contagious malady, unless authorized by the Lodge of which such transient sick brother is a member. But it is a sacred duty, enjoined by the principles and laws of the Order^ that every Lodge or Relief Committee must care for a transient sick and disabled brother, in the same manner that they care for their own members. Fourth. No Lodge or Relief Com- mittee that cares for its members by draft, shall be liable for the payment of nurse hire, unless said Lodge or Relief Com- mittee shall have first authorized the payment of the same. Fifth. A Lodge shall not be required to pay for nursing its members, when out of its jurisdiction, a sum in excess of the provisions of its By-Laws, or in excess of the sum which the Lodge or Relief Committee, in whose care the brother may be, is in the habit of paying for such service for its own sick mem- bers. Sixth. A Lodge shall not be permitted to provide for non-payment of a nurse for one of its members, when out of its own jurisdiction, when it provides for hiring nurses for its members who are within its jurisdiction. — 1892 S. G. L. .Jour- nal, 13121, 13161. 2348. Relief to brothers holding- Visiting" Cards. Upon the issuing of a Visiting Card by a Subordinate Lodge or Encampment, the Secretary or Scribe thereof shall insert therein the amount of weekly and funeral benefits allowed by the Con- stitution and By-Laws of said Lodge or Encampment. It shall RELIEF COMMITTEE AND RELIEF. 567 be bound for any relief extended to the brother holding such a card, to the extent of the benefits so rendered. Where a Subor- dinate Lodge, Encampment or General Relief Committee is applied to for relief by a brother holding a card, such Lodge, Encampment or General Relifef Committee shall require the certificate of a respectable physician, showing the time that the brother has been sick, and shall take a draft upon his Lodge or Encampment for whatever amount he may have received, which, with the certificate, shall be forwarded for payment; provided^ that in the event of the death of a brother, and his being buried by a Lodge, Encampment or General Relief Com- mittee, it shall only be necessary to forward the physician's certificate or that of some other respectable citizen, together with his card and a proper voucher for the amount so advanced. Pay- ment of the same shall in all cases be promptly made. — 1853 S. G. L. Journal, 2151, 2180; 1854 S.G.L. Journal, 55. 2349. Duty to reimburse General Relief Committee. It is the solemn bounded duty of every Lodge who reports to a Relief Committee that a brother is in good standing and entitled to certain benefits or certain funeral expenses and sick benefits or expenses are paid by any such committee or Lodge of the Order, to reimburse such committee or Lodge of any expense incurred or benefits paid. — 1889 Journal, 152, 171. 2350. Duty of Lodg'es. Where a sick brother, a member of a Lodge whose By-Laws provide for a certain amount per week for sick benefits and a certain amount for funeral expenses finds himself in the care of another Lodge, and his own Lodge gives the other Lodge an open commission to properly care for the brother and send him home as soon as he is able to travel (not restricting the other Lodge to the amounts stated in its By-Laws, and knowing that the other Lodge was incurring expenses without being so limited), the brother's Lodge becomes liable and is bound to reimburse the other Lodge such expen- ses as were necessary in properly caring for the sick brother, and burying him should he die. Medical attendance and medicines are such necessary expenses. The Lodge undertaking the care of a sick member of a sister Lodge, with an open com- mission from his Lodge to care for him, that neglected to pro- 568 RENUNCIATION OF THE ORDER. vide a competent physician and the medicines prescribed, would be condemned, not only by sister Lodges but by the world at large. — Konokti Lodge vs. Golden Gate Lodge, 1876 Journal, 394, 483, 503. (As to burial of brother in arrears by General Relief Com- mittee, see Section 573.) (See Nurses and Watchers; Benefits; Appeals). RENUNCIATION OF THE ORDER. 2351. Forfeits benefits. If an Odd Fellow renounce the Order he thereby forfeits all benefits to which by law he may be entitled, from the time of such renunciation. — 1881 Journal, 501, 601, 627. 2352. Letter from Catholic priest. Such a letter stating the law of the Catholic Church in regard to secret societies, and renunciation thereof, and then stating, '* By applying this law to the question you will readily find a solution," is not admissible to prove that a brother who received the sacrament of the Catholic Church, and was buried in accordance with its doctrines, renounced the Order on his death-bed. — Teague vs. Bay View Lodge, 1869 Journal, 68, 69, 78. 2353. Proof. No Subordinate Lodge should, under any circumstance, pass a resolution declaring that a deceased brother has on his death-bed renounced the Order, except from the clearest proofs and most positive evidence. — 1870 Journal, 272, 294. 2354. Burden of proof— Buried under auspices of Catholic Church. In case of the death of a brother in good standing the burden of proof is upon the Lodge to establish the fact that he renounced the Order, and the rights of the widow to the funeral benefits or expenses provided by the By- Laws cannot be forfeited in the absence of sufficient evidence of that fact. The mere fact that the brother was buried under the auspices of the Catholic Church is not sufficient. — Schmidt vs. Germania Lodge, 1897 Journal, 971, 979. REPORTS AND RETURNS. 569 REPORTS AND RETURNS. 2355. Semi-annual reports as required by Grand Lodge Constitution. At the end of each term every Subordi- nate Lodge shall report to the Grand Lodge the work thereof for such term, which shall include the full name, date of ad- mission, age, occupation and nativity of those initiated, admitted by card; as an Ancient Odd Fellow, rejected, with- drawn by card, reinstated, and deceased; the names of those suspended and expelled, with the cause thereof; together with the number of degrees conferred, the whole number in member- ship, the amount of receipts, and the result of the election of officers, accompanied by whatever amount may be due the Grand Lodge. — Constitution Grand Lodge, Art. IX, Sec. 3. 2356. Annual reports as required by Grand Lodge Constitution. At each annual session every Lodge shall report in addition, up to the first day of January, a full return of members, with their names ranked according to the degrees they have taken, and a statement of the number of brothers relieved, widowed families relieved and brothers buried, and amount of money applied to each of these purposes, designating the amount paid for the education of orphans. — Constitution Grand Lodge, Art. IX, Sec. 4. 2357. Failure to make returns. Any Subordinate Lodge failing to make its returns as required by Article IX, Section 3, of Grand Lodge Constitution, for one year, shall be deemed an extinct Lodge and its charter shall be forfeited. — Constitution Grand Lodge, Art XI, Sec. 4. 2358. Installation and passwords. No Lodge under 'this jurisdiction shall be entitled to have its officers installed, or to receive the traveling or term password, until the semi- annual reports to the Grand Lodge shall have been placed in the hands of the installing officer. — Constitution Grand Lodge, Art VIII, Sec. 4. 2359. Semi-annual reports as required by Subordinate Lodge Constitution. The officers for the term about expiring shall prepare and deliver to the officers who shall install their 570 EEPORTS AND KETUENS. successors, the result of the elections, and a report of the work of the term, including the names of those admitted, whether by- initiation, by card, as an Ancient Odd Fellow, or by Dismissal Certificate, together with their age, nativity, occupation and rank; also those suspended and expelled, and the cause thereof, those reinstated and deceased, the number of degrees conferred, the whole number in membership, and amount of receipts, accompanied by whatever amount may be due to the Grand Lodge. — Constitution Subordinates, Art. XI, Sec. 2. 2360. Annual reports as required by Subordinate Lodg'e Constitution, In addition to the above, the officers for the term expiring on the first meeting in January, shall an- nually make to the Grand Lodge a full return of the members of the Lodge, ranked according to the degrees attained, and a statement of the number of members relieved in the past year; the number of widowed families relieved; the number of mem- bers buried; the number of sisters buried; the amount of money applied for each of these purposes; the amount paid for the education of orphans; the amount of money in the Treasury, the amount of Widows' and Orphans' Fund, the amount and nature of investments, the amount paid for charity, and the amount paid for current expenses. — Constitu- tion Subordinates, Art. XI, Sec. 3. 2361. Failure to make returns. Should this Lodge fail to make any of its returns, as required by the two preceding sections, for one year, it shall thereby forfeit its charter and become extinct; and it shall be the duty of the Grand Master or District Deputy Grand Master to withhold the annual trav- eling password and semi-annual password until such returns are made and the amount due the Grand Lodge paid. And it shall be the duty of the last installed officers to transmit or surrender to the Grand Master or his Deputy the charter, books, papers, furniture and funds of the Lodge. — Constitution Subordinates, Art. XI, Sec. 4. 2362. Reports and Grand Lodg-e dues must be trans- mitted. The law is imperative and requires the reports and Grand Lodge dues to be transmitted as soon as practicable REPOETS AND RETURNS. 571 after the first of January or July of each year, regardless of whether the officers have been installed or not. Should the officers not be installed the Lodge should send the reports and dues; and the receipt of the Grand Secretary therefor or proof from the Post office or express office that they had been trans- mitted is sufficient warrant to the District Deputy to install at any future meeting. — 1892 Journal, 25, 17. 2363. Brothers suspended for a certain period. Name* of brothers under suspension for a definite period in punish- ment for an offense should be included as being in " member- ship " by Lodge officers when making their returns to the Grand Lodge, in accordance with Sections 2 and 3, Art. XI, Constitution of Subordinates. — 1875 Journal, 300, 301. 2364. Sig-natures of elective officers to reports. All term reports made to the Grand Lodge by Subordinates must contain the signatures of the elective officers thereof, in their own handwriting. — 1863 Journal, 388. 2365. Reports made even if new officers not installed. The reports of the Lodge for the term expiring shall be made to the Grand Lodge at the first meeting of the new term, whether the new officers be installed or not. — 1884 Journal^ 18, 116, 153. 2366. What moneys included in reports. Annual or semi-annual reports of moneys received should only include so- much as was received and reported to the Lodge previous to and on the last session in each term. — 1857 Journal, 258, 273. 2367. Proceeding's of January 1st and July 1st. No portion of the proceedings of a Lodge meeting held on the first day of January and July should appear in the semi-annual report of any officer of the previous term. — 1862 Journal, 321. 2368. Noble Grand must not return himself as Past Grand. A presiding officer, or sitting Noble Grand has no right to sign an annual or semi-annual report, returning him- self as a Past Grand, unless he have previously passed the Noble Grand's chair.— 1861 Journal, 147. 572 KEPORTS AND RETURNS. 2369. Installation. The annual and semi-annual returns under Article XI, Sections 2 and 3, Constitution of Subordi- nates, must be placed in the hands of the Installing Officer before the officers of a new term can be installed. — 1856 Jour- nal, 218; 1857 Journal, 250. 2370. Annual reports as to property, etc., on or before March 31st. Each Subordinate Lodge, under the jurisdiction of this Grand Lodge, shall annually, on or before the 31st day of March of each year, make and forward to the Grand Secre- tary of this Grand Lodge, a report in the form of a tabulated statement, in relation to the property owned by such Subordi- nate Lodge, including the name, number and location of the Lodge, the size of lot, and the height, size and material of building owned by it; date of erection of such building, cost of property, present value, indebtedness, if any, amount of insu- rance on the property, net annual income from property; size of Lodge-room; character of the title to the real property, whether in fee, under lease, or otherwise, and, if owned jointly with others, what part is owned by the Lodge, or, if owned by a corporation, the amount and market value of the stock owned by the Lodge; also the amount of money or securities not included in stock above mentioned; also cemetery or cemetery lot owned or controlled by the Lodge; and the Grand Secretary shall furnish blank forms to each Subordinate Lodge for the reports above required. — 1896 Journal, 655, 656. (See Officers; District Deputy Grand Master.) (As to account of moneys paid to Grand Secretary and of supplies and property received. See Subordinate Lodge.) 2371. Form of annual relief report and semi-annual reports of Subordinate Lodg'es. See Forms No. 5 and No. 6 of the Forms affixed to this Digest. 2372. Form of annual property report of Subordinate Lodg'e. See Form No. 7 of the Forms affixed to this Digest. 2373. Annual report of Grand Lodg^e. See Forms Nos. 1 and 2 of the Forms affixed to this Digest. REPRESENTATIVES AND REPRESENTATION. 573 2374. Annual report of Grand Lodg-e concerning' Homes, Building's, etc., owned by the Order. See Form No. 3 of the Forms affixed to this Digest. 2375. Annual report of Orphan's and other Homes. See Form No. 4 of the Forms affixed to this Digest. REPRESENTATIVES AND REPRESENTATION. 2376. Number, qualifications, election, vacancy. Every Subordinate Lodge shall be entitled, in this Grand Lodge, to one representative for its members of fifty or under; also one representative for every fifty members over and above said first number of fifty, and one for every fraction exceeding thirty members in good standing. Representatives must be Past Grands in good standing, and shall be elected by the Lodge, at any regular meeting, within two months previous to each an- nual communication, to serve one year from the beginning of said annual communication. A^acancies may be filled at any time to serve the remainder of the term. — Constitution Grand Lodge, Art. II, Sec. 3. 2377. Time of election— Number Lodg'e entitled to» The Lodge, at the last regular meeting in March of each )^ear, shall elect one representative to the Grand Lodge for its mem- bers of fifty or under; also one representative for every fifty members over and above said first number of fifty, and one for every fraction exceeding thirty members in good standing, as shown by its report on the 31st day of December of the pre- vious year. — Constitution Subordinates, Art. VI, Sec. 11. NoTB. — The only qualification nee- that he shotild be a member of hi» essary for a Past Grand to be a can- Lodge in good standing— (1893 S. G. didate for election as representative L. Journal, 13258, 13548, 13654). of his Lodge, in its Grand Lodge, is 2878. Past Grands. All Past Grands in good standing are eligible to the office of representative to the Grand Lodge, and may be elected, whether nominated or not. — 1885 Journal, 426, 435. 2879. Not a Past Vice-Grand. A Past Grand who is not a Past Vice-Grand, but wlio has been legally elected as a 574 REPKESENTATIVES AND REPRESENTATION. representative, is entitled to a seat in the Grand Lodge. — 1877 Journal, 582, 675, 697. 2380. Junior Past Grand. Junior Past Grand of a Lodge is eligible to election to the office of representative to Grand Lodge.- 1886 Journal, 537, 620, 646. Note.— A Junior Past Grand may ing a Junior Past Grand, and until a be elected a representative— (1S48 S. Noble Grand becomes a Past Grand, G.L. Journal, 1286, 1317; 1886 Jour- he cannot be elected representative to nal, 537, 620, 646). But service as his State Grand Lodge— (1874 S. G. Noble Grand to the very last moment L. Journal, 6211, 6263; 1877 S. G. L. is a preliminary condition to becom- Journal, 7362, 7450) . 2381. Nominations not necessary. It is not necessary to nominate in the Subordinate Lodges certain Past Grands in the election of representatives to the Grand Lodge. All Past Orands in good standing are to be considered in nomination, unless they expressly decline, and they may be elected, whether nominated or not.— 1880 Journal, 258, 359, 375; 1885 Journal, 426, 435. 2382. Qualifications of Representative. Representa- tives must be Past Grands in good standing, properly elected, and members of the Lodge which they claim to represent. — 1866 Journal, 185; 1893 Journal, 413, 429. 2383. Noble Grand. The retiring Noble Grand cannot be elected as Representative " until he ceases to be Noble Grand and has become a Past Grand." It is not competent to provide by law that a Noble Grand shall have a seat and vote in a Grand Lodge. No one but Past Grands can be admitted into a Grand Lodge.— 1872-1882 S. G. L. Journal, 5558, 5578, 9020, 9100. 2384. Election of^ At an election for Representatives to the Grand Lodge it requires only a majority of the votes cast to elect, and when more than the number of Representatives to which the Lodge is entitled receive a majority, those having the greatest number of votes over a majority shall be deemed elected.— 1889 Journal, 31, 122, 163. 2385. The same. Where at an election for Representa- tives there is found, on counting votes, one more ballot than REPRESENTATIVES AND REPRESENTATION. 575 there are members present, and the extra ballot does not affect the result, the election is valid. — 1893 Journal, 358, 385, 421. 2386. Where charg-es are pending*. A Past Grand elected a Representative when a charge was pending against him for an alleged violation of the principles of Odd Fellow- ship, was admitted to the Grand Lodge as a Representative. — 1867 Journal, 288. 2387. Resig'nation may be accepted. A Subordinate Lodge may accept the resignation of a Representative-elect to the Grand Lodge, even though the certificate of his election had been forwarded to the Grand Secretary. — 1863 Journal, 432. 2388. Basis of Representation. The basis of representa- tion of Subordinate Lodges in the Grand Lodge is the number of members in good standing, as shown by the report to the Grand Secretary on the previous January. — 1858 Journal, 381. 2389. Lodg-es working* under dispensation. Lodges working under dispensations, and which make their reports as other Lodges, shall be represented according to membership, while those which do not make their report on the 3lst day of December, shall be entitled to only one Representative. — 1869 Journal, 77, 106. 2390. Number of Representatives to be reported. The iGrand Secretary shall make out a list from the semi-annual reports of the Subordinate Lodges, made on the 31st day of December in each year, of the number of Representatives to which each Lodge is entitled, and report the same to the Grand Lodge.— 1858 Journal, 398. 2391. When instructions to Representatives improper. A Lodge, after trial, expelled a member, who appealed to the Grand Lodge. After the election of the Representatives the Lodge instructed its Representatives to vote to sustain the judgment of expulsion. It was improper. The Grand Lodge exercises both legislative and judicial powers, and in the exer- cise of its judicial powers its Representatives are not subject to instructions by their respective Lodges. — 1871 Journal, 461, 470. 576 REVENUE-EITUAL. 2392. Expenses of Representatives. A Subordinate Lodge has the right to appropriate money towards defraying the expenses of its Representatives to the Grand Lodge. — 1896 Journal, 408, 588, 629. (See Ballot and Voting; Committees; Credentials; Business of Grand Lodge.) REPRESENTATIVE FUND. (See Mileage.) RESIGNATION OF MEMBERSHIP. (See Membership.) RESIGNATION. (See Officers; Representatives; Fines.) RESOLUTIONS. (See Contempt; Communications to Lodges; Officers; Order, Rules and Questions of.) RETURNS. (See Reports and Returns.) REVENUE. 2393. Grand Lodg^e. The revenue of this Grand Lodge shall be raised for the purpose of defraying the necessary expenses thereof, and the necessary expenses of support of aged and indigent Odd Fellows, their wives, widows and orphans, whenever they shall be supported at an Odd Fellows' Home founded and maintained under the auspices, authoriza- tion or permission of this Grand Lodge, and the expense of furnishing and maintaining such Homes.— Constitution Grand Lodge, Art. VIII, Sec. 1. RITUAL. (See Charge Books; Work of the Order.) I ROOM COMMITTEE— SALAEY— SEAL. 577 ROOM COMMITTEE. 2394. Noble Grand may appoint. A Noble Grand has a right to appoint a Room Committee, in accordance with a resolution adopted by the Lodge authorizing and directing such appointment. — 1895 Journal, 20, 185, 235. RULES OF ORDER. (See Order, Rules and Questions of.) SALARY. 2395. Grand Secretary. He shall receive such salary as may be fixed upon at each annual session, which shall be paid monthly. — Constitution Grand Lodge, Art. IV, Sec. 4. 2396. Appointed officer. A Lodge cannot attach a sal- ary to an appointed office upon a motion made and adopted at the same meeting. — 1857 Journal, 270, 274. 2397. Reg^ulated by By-Law. The subject of salaries of Subordinate Lodge officers must be regulated by the By-Laws of the Lodge.— 1857 Journal, 270, 274. SEAL. 2398. Each Lodge must have a SeaL A Lodge must have a seal in order to transact its business properly — 1884 Journal, 21, 116, 153. Note. — A Lodge would be justified by its seal— (1885 S. G. L. Journal, in refusing attention to any docu- 9857, 10195, 10176.) ment of another Lodge not attested 2399. Wax impressions deposited with Grand Secre- tary. All Lodges in this jurisdiction are required to have deposited in the office of the Grand Secretary, a wax impres- sion of their seal. — 1856 Journal, 207. 2400. Recording Secretary sole custodian— Noble Grand. The Recording Secretary is the sole custodian of the seal of the Ix)dge, and alone authorized to use it. Noble Grand has no power to order the Recording Secretary to affix his seal to any paper. He may advise, but the Secretary is only bound to obey the orders of the Lodge.— 1862 Journal, 305; 1872 Journal, 576, 665, 684. 37 o78 SEAL. 2401. Recording" Secretary. The Recording Secretary is the officer into whose hands the seal of the Lodge has been committed by the installation ceremony. He is the only one authorized to use it, and he alone can officially attest anything for or on behalf of the Lodge.— 1897 Journal, 1032, 1055; 1885 S. G. L. Journal, 9856, 10105, 10176. 2402. Duty of Recording* Secretary. He shall issue, sign and attest, when required by the Lodge or the laws and usages of the Order, all cards, certificates, drafts and other offi- cial documents, and affix thereto the Lodge seal, which shall be in his charge and keeping. — Constitution Subordinates, Art. VII, Sec. 3. 2403. When Noble Grand and Secretary may use seaL The Noble Grand or Secretary has not the right to use the seal of the Lodge at any time or for any purpose, without a vote of the Lodge, except in accordance with the Constitution and By- Laws.— 1857 Journal, 270, 274. 2404. Must be printed or impressed, not affixed. The seal of a Lodge, in authenticating papers, must be printed or impressed upon the paper it authenticates, and not affixed thereto. — 1858 Journal, 333. 2405. Seal used for what purpose. The seal of a Lodge cannot be used except for the purpose of attesting the acts of the Lodge as such.— 1S7S Journal, 822, 928, 965. NoTK.— It should be used only iu transacting the legitimate business of the Lodge.— (1876 S. G. L. Journal, 6752, 6977, 7051). 2406. Official certificates. Official certificates, (official receipts for dues, etc.), are attested by the seal. — 1897 S. G. L. Journal, 15067, 15068, 14951. 2407. Orders for Passwords. Orders for passwords must be under the seal of the Lodge giving the orders. — 1861 Jour- nal, 179, 180. 2408. Notice of Arrearages. A notice from the Finan- cial Secretary of a Lodge to a brother in arrears for dues, does not require the impression of the Lodge seal. — 1862 Journal, 305; Porter vs. Magnolia Lodge, 1864 Journal, 482, 521, 522. SEAL. 579 2409. Financial Secretary. It is not necessar}^ to place the seal upon the notices of the Financial Secretary to make them official.— 1864 Journal, 482, 521. 2410. Communications and cards. All cards, whether visiting or withdrawal, and all communications from Grand or Subordinate Bodies, must be authenticated by having the fleal attached.— 1862 Journal, 291. 2411. Laws and documents sent to Sovereig-n Grand Lodg'e. All laws sent to the Sovereign Grand Lodge for ap- proval shall bear the seal of the Body adopting them, and all documents without seal (where the Body has one), shall be re- turned by the Sovereign Grand Lodge without consideration. —1872 S. G. L. Journal, 5518, 5547. 2412. Certifying" to sickness. A Lodge has the right to use its seal in certifying to the sickness of a member of another beneficial society.— 1879 Journal, 24, 101, 110. 2413. Presumption in case of notice under seal. A notice coming from a Lodge, and issued under its seal, and the legal custodian of the seal being the Recording Secretary, by the laws of the Order, it will be presumed, nothing else appear- ing, that the person whose name appears to the communication so sealed, was the Recording Secretary of the Lodge, even if he ayraent of the money. To stop the payment the notice of ap- peal must be given before the Lodge makes the payment. The payment cannot be stayed by a protest or statement of an in- 686 SUBORDINATE LODGE. tention to appeal. — Mysell vs. Harmony Lodge, 1891 Journal, 669, 674. 2440. Appeal to Grand Lodg-e and Withdrawal Card. Our laws do not provide for a stay of proceedings in cases of appeal, except in those cases provided for in Article VIII, Section 11, Constitution of Subordinates. So, where a brother applies for a Withdrawal Card from his Lodge, and another brother prefers charges against him which the Lodge, upon motion duly made and carried, dismisses as informal or friv- olous, whereupon the accusing brother appeals, the Lodge has the right to proceed to grant the card, without waiting for the determination of the appeal. — Newfield vs. Garcia Lodge, 1881 Journal, 503, 602, 627. 2441. Appeal to Sovereig-n Grand Lodge. A decision of the Grand Lodge is final and conclusive in all cases until reversed. No authority is vested in the Grand Master, in case of appeal to the Sovereign Grand Lodge to grant a stay of pro- ceedings, but the brother or Lodge desiring a stay should ap- ply for and obtain the stay from the Grand Lodge, as the Grand Lodge alone possesses the authority to grant the same. — Lowenthal vs. San Jose Lodge, 1876 Journal, 506, 510. (See Appeals). SUBORDINATE LODGE. 2442. Shall consist of at least five members. This Lodge shall consist of at least five members of the Degree of Truth, including one qualified to preside at its meetings, to be hailed and entitled Lodge, No. . . of the Independent Order of Odd Fellows of California, holding a legal charter granted by the Grand Lodge of the Independent Order of Odd Fellows of the State of California. It cannot voluntarily sur- render its charter so long as five Third-Degree members in good standing object thereto. — Constitution Subordinates, Art. I, Sec. 1. Note. — Subordinate Lodges have thority to adopt a uniform Constitu- no legislative power, except to make tion for the government of their By-Laws for their internal govern- Subordinates — (1848-1851 S. G. L. ment. State Grand Bodies have au- Journal, 1235, 1724, 1797-1786, 1807). SUBORDINATE LODGE. 587 2443. Hall used for other purposes. There is no law which prevents a Subordinate Lodge from holding its meetings in the same hall that is used for other purposes than that con- nected with Odd Fellowship.— 1896 Journal, 409, 588, 629. 2444. Basement. There is no law preventing a Lodge from holding its meetings in a basement, provided the same i& secure. — 1877 Journal, 582, 675, 697. 2445. Change from weekly to meeting-s once in two weeks. To change the meetings of a Lodge from once a week to once in two weei^s, the By-Laws of a Lodge should be changed to that effect, after the Lodge has received permission from the Grand Master. To change back to once a week all that is necessary is to amend the By-Laws again in the regular manner, without any action on the part of the Grand Master, —1895 Journal, 19, 195, 196, 236. 2446. Petition to change from weekly to meetings once in two weeks. If a Lodge wish to change its meetings from once a week to once in two weeks, the petition addressed to the Grand Master must be signed by two-thirds of all the members of the Lodge.— 1896 Journal, 408, 588, 629. 2447. Notice of change of meeting night. It is obli- gatory upon our Lodges to notify the Grand Secretary of any change in their night of meeting. — 1856 Journal, 207. 2448. Meetings on week days only. Meetings of all Subordinate Lodges must be held on a week day and on regu- lar specified days in the week. — 1889 S. G. L. Journal, 11744, 1179«. 2449. Holidays. It shall be lawful for Subordinate IxKlges, whenever their regular meeting nights fall upon the National Anniversary, Thanksgiving and other legally estab- lifihed or generally recognized holidays, to omit such sessions. — 1886 S. G. L. JournaL 10473, 10474. 2450. Opening in the Initiatory Degree. A Lodge should not close in the Third Degree and open in the Initiatory Degree until the Outside Conductor comes in and reports hi& 588 SUBORDINATE LODGE. examination of the candidate. The officers may prepare for initiation while the Outside Conductor is in the ante-room, and then, after he has returned, close the Lodge in the Third Degree and open in the Initiatory. — 1897 Journal, 804, 805, ^94, 1034. 2451. Dedication. A Lodge may meet in a new hall pending its dedication. — 1895 Journal, 21, 185, ^35. 2452. Noble Grand and Vice-Grand absent. If both the Noble Grand and Vice-Grand be absent, a Past Grand may preside, the senior Past Grand present being entitled to the preference.— 1896 Journal, 608, 636. 2453. Noble and Vice-Grand absent and no Past Grand present. The Noble and Vice-Grand absent, the Lodge not having a Past Grand except the Noble Grand, mem- bers from the floor may be chosen to fill the offices, a quorum being present, all regular business transacted is legal; but those present cannot initiate or confer degrees without a qual- ified officer.— 1895 Journal, 39, 185, 235. 2454. Settlement of controversies. A Subordinate Lodge is entitled to exercise a fair discretion in the manage- ment of its property and in the settlement of controversies which may arise concerning its property and business trans- actions. — Crossland vs. Delano Lodge, 1895 Journal, 135, 178. 2455. Compromise or settlement of financial ques- tions. In the settlement of financial questions arising from contracts between a member and the Lodge, the Lodge may; if it deem or find it just and reasonable under all the circum- stances of the case, or for the best interest of the Lodge, com- promise or settle such matters by accepting a less amount than is due. — Clough vs. Phoenix Lodge, 1896 Journal, 525, 558. 2456. Application for pecuniary aid. No Lodge shall entertain any application from a Lodge for pecuniary aid or assistance under whatever scheme it may be offered, unless it be authorized by the Grand Lodge or the Grand Master of the jurisdiction in which such aid is solicited. — 1896 Journal, 410, 588, 629. 4 SUBORDINATE LODGE. 58D 2457. Rights as regrards its own members. A Lodge has the right to investigate the circumstances and condition of its members at any time, and loses none of its rights over its- members by reason of their bein^ in the charge of another Lodge or of a Relief Committee.— 1889 Journal, 33, 122, 163. 2458. Rig-ht to speak. A Lodge has no right to deprive a brother of the right to speak, so long as he is a member of the Lodge. A By-Law to that effect is illegal. — 1888 Journal ^ 1026, nil, 1130."' 2459. Account of moneys paid to Grand Secretary and of supplies and property received. Each Lodge in this jurisdiction shall, at every annual session of this Grand- Lodge, send by its Representatives thereto a detailed and itemized account of all moneys paid to the Grand Secretary,. and all supplies and property received from him during the past year, which reports shall be delivered to the Finance Committee of the Grand Lodge, and by that committee com-^ pared with the books of the Grand Secretary, and. if any dis- crepancies are found, the same will be immediately reported to- this Grand Lodge. And in order to secure prompt compliance- with the foregoing resolution, the Grand Secretary shall, at least sixty days before the annual session of the Grand Lodge, trajismit by mail, postage paid, to each Lodge, a copy of the foregoing resolution, and shall report at the opening of the (irand Lodge whether or not he has fully complied with this direction. — 1894 Journal, 767. 2460. The same— To be sent to chairman of Finance Committee. The Lodges are in future to send their reports of -uch matters to the chairman of the Finance Committee, in- stead of to the Grand Secretary. When blanks are sent ta fvodges for these reports they are to be accompanied by return envelopes addressed to the chairman of the Finance Committee. —189.5 Journal, 168, 187. 2461. To annul or rescind action. The officers of a Lodge are not the Lodge but are its executive agents, and the I^ge only possesses the power to annul or rescind its action. — 1877 Journal, 711, 715. I 590 SUBORDINATE LODGE. 2462. Obedience to the Grand Lodg-e. A Subordinate Lodge owes obedience to its own Grand Lodge, and would vio- late any law of the Grand Lodge at its peril; but, if aggrieved, may appeal to the Sovereign Grand Lodge. — 1860 Journal, 28, 29. 2463. May refuse permission to join Lodg-e further from residence, A Lodge has a right to refuse a brother per- mission to join another Lodge, further from his place of residence than the one of which the permission is asked, and the Lodge is not required to give any reason for such refusal. — 1864 Journal, 555. 2464. Regular meeting's. Neither the Lodge nor the Grand Master have the power to dispense with a regular meeting, or to authorize a regular meeting on any other day than the regu- lar day.— 1872 Journal, 575, 665, 684. 2465. Opening Lodge. On opening a Lodge, after the Noble Grand instructs the Guardians to close the doors, no brother except the Warden, who goes into the ante-room to take up the password, should be allowed to enter the Lodge-room until the Lodge is declared open by the Right Supporter of the Noble Grand.— 1897 Journal, 804, 994, 1034. 2466. Day and hour of meeting. If the time for the meeting of a Lodge be fixed by the By-Laws, such time can be changed (either as to day of week or hour), only in such manner and by such vote as is required by the By-Laws. In such a case, the change would have to be made by an amendment of the By-Laws, unless the By-Laws themselves provide a differ- ent method therefor.— 1897 Journal, 1030, 1054. 2467. Re-opening the same evening. A Lodge, after closing, cannot re-open on the same evening and transact busi- ness that is required to be transacted at a regular meeting. — 1880 Journal, 361, 376. 2468. Conduct unbecoming a Lodge. The transmission from one Lodge to another of a resolution characterizing a cer- tain action of the other Lodge as an insult to the first Lodge, is conduct unbecoming a Lodge and is an act that merits censure. SUBOKDINATE LODGE. 591 It is a practice which should never be resorted to in our Order as it tends to create discord, contravenes the spirit of fraternity, violates the sentiments of charity and is not in conformity with the teachings and principles of Odd Fellowship. — Laguna Lodge X. Rose, 1877 Journal, 689, 704. 2469. Rig-ht of self government. Under our system of laws a Lodge is a Sovereignty, having all the rights of self 'government; subject, however, to the Constitution and Law^s of he Sovereign Grand Lodge and the Grand Lodge of this State. — Haswell vs. Capitol Lodge, 1873 Journal, 865, 887; Frazer vs. Santa Rosa Lodge, 1887 Journal, 841, 854. 2470. Executive, legislative and judicial powers. It possesses and exercises executive, legislative and judicial powers, and in the administration of the benefits and charities of Odd Fellowship the presumption is in favor of the justice ind legality of its proceedings. — Haswell vs. Capitol Lodge, 1873 Journal, 865, 887; Frazer vs. Santa Rosa Lodge, 1887 Journal, 841, 854; Donnelly vs. Sutter Creek Lodge, 1876 Jour- nal, 505, 510. 2471. Disorder and improprieties. Subordinate Bodies, by existing regulations, possess an inherent right to protect themselves from disorder, the want of decorum, and violations of the ordinary proprieties of life. — 1858 Journal, 346. 2472. Lodges working under dispensation. A Lodge (which has not yet received a charter) working under dispen- sation, cannot confer three degrees on a candidate at the same meeting, by virtue of the said dispensation granted at their insti- tution. Such Lodge is subject to the same rules that govern chartered Lodges.— 1885 Journal, 287, 403, 432. 2473. Lodge exists by virtue of its charter. Subor- ilinate Lodges of this Order do not, in the first instance, de- I)end upon the laws of the State for their existence. They hold the charter of their existence from the proper Grand Lodge, and only under, and in pursuance of such charter, can they exist at all. Odd Fellowship is, so to speak, a law unto itself, and does not need to place itself under the control of State laws.— 1881 Journal, 582, 613. 592 SUBPCENA—SUBSCEIPTION— SUICIDE— SUNDAY. 2474. Offenses of Subordinate Lodges. Whenever any Subordinate or Degree Lodge shall violate the Constitution, By-Laws, Rules or Regulations of the Sovereign Grand Lodge, or of this Grand Lodge, such Lodge shall be liable to a trial and punishment of suspension or expulsion. — Constitution Grand Lodge, Art. XI, Sec. 1. 2475. Charg-e ag-ainst Lodg-e for unbecoming" conduct. Where a Lodge is charged with unbecoming conduct, in that it fails and refuses to visit the sick of sister Lodges when con- fided to its care, the charges must distinctly set forth the offense with specifications of time, place and circumstance, sufficient to constitute a complete offense, so as to enable the Lodge to prepare for its defense. — Riley vs. Encinal Lodge, 1882 Jour- nal, 850, 881. 2476. A Lodg-e may answer questions of sister Lodg-e. A Lodge has a right to answer questions derogatory to the character of a visiting member, where such questions are asked by the Lodge to which such visiting member belongs, without the answering Lodge being informed that charges have been preferred against such member. — 1885 Journal, 289, 403, 432. SUBPOENA. (See Trials.) SUBSCRIPTION. 2477. Semi-annual password. Lodges cannot charge subscriptions to a brother's account and thereby deny him the semi-annal password when the By-Laws do not so provide. — 1860 Journal, 88. SUICIDE. (See Benefits; Funeral; Dues.) SUMMONS. (See Trials.) SUNDAY. 2478. No Lodg-e meeting: on Sunday. No Lodge or Encampment or Degree Lodge shall hold any meeting for work SUNDAY -SUPPLIES. 593 or business upon Sunday, except for funeral purposes. Per- mission to institute a Lodge on Sunday refused. — 1870-1886 S. G. L. Journal, 4834, 10256, 10487, 10511; 1871 Journal, 395. 2479. Committee meeting^s— Conscientious scruples- Fines. Committees of Lodges cannot oblige the members thereof to attend meetings on Sunday in violation of their con- .scientious scruples, and a Lodge has no right to require attend- ance of its officers or members at such meetings, or to inflict a fine or penalty for non-attendance. The Order of Odd Fellows goes forth to its work holding in its hands the assurance that it does not require of those who lay their vows upon its altars any opinion or act that may conflict with the "exalted duties they may owe to their God, their countries, their families or themselves"; and it is asking too much of a brother, qfter admitting him into the Order under such a stipulation, to re- quire him to perform an act that would outrage his conscience, or, in failure thereof, present him the alternative of resigning his office or his membership in an Order which he entered in full faith upon the sincerity of its assurances. . This decision relates to fining of a member for non-attendance at a meeting of a General Relief Committee. — 1874 S. G. L. Journal, 6329, 6330, 6234, 6314. 2480. Picnic. A Lodge has a right, without dispensation, to hold a picnic on any day without regalia. This decision made in reference to the protest of a Lodge concerning the cele- bration of its anniversary on Sunday. — 1870 Journal, 190, 274 279, 296. SUPPLIES. 2481. Cash must accompany order for. Resolved, That the Grand Secretary be and he is hereby forbidden to furnish ipplies to Subordinate Lodges, unless the order for the same accompanied with the cash, and that all sums less than ten lollars \je forwarded through the registry department of the )8toffice. Resolved, That the Grand Secretary be instructed to have le above resolution printed on the cover of the printed Jour- lal, calling the attention of the Lodges to the same. — 1860 Journal, 80. 38 594 SUPPLIES. 2482. Grand Secretary shall prepare list. The Grand Secretary shall prepare a list of all Grand Lodge supplies, showing their cost to the Subordinate Lodges, and a copy thereof shall be transmitted to each Subordinate and Rebekah Lodge in the jurisdiction with direction to the Secretaries thereof to place the same in a conspicuous place for future reference. And the Grand Secretary is forbidden to sell any supplies or fill any orders for the same, except upon receipt of the money therefor.— 1887 Journal, 860, 881. 2483. Fixing" the price. The Committee on Printing is em- powered to revise and fix the price of the present list of printed supplies of the Grand Lodge.— 1895 Journal, 190, 235, 238. 2484. Schedule of prices for supplies. Charter Fee for Subordinate Lodges, including two Rituals and Jour- nals of Grand Lodge and Digest ^30 00 Charter Fee for Kebekah Lodges, including two rituals 10 00 Rituals for Subordinate and Rebekah Lodges, each 2 50 Question Book 4 00 Bound Journals of Sovereign Grand Lodge, and of the Grand Lodge of California, per volume . 3 00 Digest of Sovereign Grand Lodge, and Grand Lodge of California, each 3 00 Diplomas, Subordinate Lodge 75 Diplomas, Rebekah Lodge 25 Degree Charts 2 50 Cards and Dismissal Certificates, Subordinate and Rebekah 25 Ode Cards, Subordinate, Rebekah and Funeral, each 08 Ode Cards, Subordinate and Rebekah (with music) 12J/a Ode Books, with music for Subordinate and Rebekah 75 Anniversary Ceremonies 25 Funeral and Memorial Ceremonies 25 Funeral Ceremonies, Rebekah 15 Book of Forms (for public use) . . , 1 00 Sovereign Grand Lodge Floor Work, Subordinate and Rebekah, each. 50 California Beautified Work, Rebekah 25 Members' Register (Constitution Book), large 4 00 Members' Register, small 2 00 Members' Register, for Rebekah Lodges 1 50 Seal and Press (design by Lodge) 5 00 Roll of Officers, Subordinate and Rebekah 1 25 Propositions for Membership, Subordinate and Rebekah, per 100 1 50 Propositions for Membership with medical certificate, per 100 2 50 Orders for Password (Semi-Annual and Annual), per 100 1 00 Constitutions, Subordinate (in sheets for binding), per 100 3 30 Constitutions, Rebekah (in sheets for binding), per 100 2 20 Official Certificates (receipts for dues, etc.), per 100 1 00 SUSPENSION. 595 The foregoing supplies must be obtained from the Grand Secretary of the Grand Lodge, I. 0. 0. F. of the State of Cali- fornia. The following supplies may also be obtained from him : Treasurer's Warrant Book $ 3 50 Treasurer's Receipt Book (receipts of the evening) 2 00 Visitors' Register, for Subordinate Lodges 3 00 Visitors' Register, for Rebekah Lodges 1 50 Secretary's Cash Book (new form) 3 00 Notices of Suspension, per 100 1 (X) Notice of Arrearages, in books of 125, $1.00; 500 3 50 Letter Heads, 500, $3.50; 250, $2.00; 125 1 25 Record Books and Ledgers, according to size Orders for supplies should be under the seal of the Lodge. SURETY. (See Bonds.) SUSPENDED LODGE. 2485. Visiting^. No member of this Lodge shall be con- "Cerned in visiting a suspended Lodge of Odd Fellows. — Consti- tution Subordinates, Art. X, Sec. 1. SUSPENSION OF LODGE. (See Charter.) SUSPENSION. 2486. Notice of. Notice of all suspensions and of brothers who have been suspended in accordance with Section 1 of this Article (for non-payment of dues), shall forthwith be forwarded to every Lodge in the County; to the Subordinate Encampment and Rebekah Lodge of which the brother is a member and to the "Grand Secretary. — Constitution Subordinates, Art. VIII, Sec. 8. (See Trials; Membership; Black Book.) SUSPENSION FOR NON-PAYMENT OF DUES. (See Dues.) 596 TELEGRAPH CIPHEE. TELEGRAPH CIPHER AND KEY. 2487. Established and its use recommended. The fol- lowing telegraph cipher and key the Sovereign Grand Lodge has established, and its use recommended, and directs Grand Lodges to publish it in all editions of their general laws: House: Is in our city, holding a Visiting Card from your Lodge, and asking of us financial assistance. Funds: Shall we aid him, and draw on you to the extent of ? Cash: Is in our city, asking financial assistance, and claims membership in your Lodge in good standing. River: Has your Lodge a member in good standing b}^ the name of ? Boat: He is an expelled member, and has not been in good standing for : . . . White: We don't know any such party, and he does not belong to our Lodge. Grip: Draw on us for the amount of expenses incurred. Caution: Look out for a fraud named Secretary: He has a fraudulent card. Final: A member of your Lodge died here. Black: He is a fraud, and if he has a card or other papers from this Lodge, they are forgeries. Red: Holding a Visiting Card from your Lodge, died here. Green: Wire instructions to us at once as to the disposition of his remains. Yelloiv: Is in our city, and very sick. ' Claims membership in your Lodge. Shall we give him attendance on your account ? Purple: We think best to bury him there. Lodge: Forward remains to this place by Regalia: Assist him, and we will honor draft to extent of Help: Will your Lodge pay nurse hire, and how much per day ?— 1895 S. G. L. Journal, 14555, 14569; 1897 S. G. L. Jour- nal, 15060, 15091. TEEMS— TRIALS. 597 TEMPERANCE. (See Liquors; Membership; Offenses.) TERMS. 2488. When commence and end. All terms shall com- mence on the first day of Januar}^ and July in each year, and end on the day on which the succeeding one commences. — Con- stitution Subordinates, Art. XI, Sec. 1. Note. — No terms other than six have been authorized to make the months or one year are allowed, and terms of their Subordinates one year no power subordinate to the Sov- instead of six mouths. — (1889-1890 ereign Grand Lodge can change the S. G. L. Journal, 11743, 11790, 11900, terms of the officers. Grand Lodges 12217,12281). TRIALS. 1. Accuser, page 597. 2. Charges — Demurrer; Plea; Amendments and Dismissal, page 600. 3. Summons, page 611. 4. Trial Committee, page 614. 5. Evidence and Witnesses, page 630. 6. Objections and Exceptions, page 642. 7. Judgment and Penalties, page 648. 8. Miscellaneous, Page 660. 1. ACCUSER. 2489. Who may prefer charg-es. Charges * * * shall be submitted to the Lodge in writing and signed by a member of a Lodge within this jurisdiction. — Constitution Subordinates, Art. VIII, Sec. 3. 2490. Lodge, as such, cannot be accuser. A Lodge, acting in its capacity as a Lodge, has not the right to prefer, under its seal, charges against a member of another Lodge; and the Lodge to which the accused belongs has not the right to proceed to investigate such charges and place the accused on trial, the penalty involved being suspension or expulsion. — 1867 Journal, 338, 339, 349. 598 TRIALS. 2491. The same. No Lodge, in its capacity as such, can prefer a charge against a brother, but it is the right and duty of any member of a Lodge in the jurisdiction having knowl- edge of a brother's fraud upon the Order, to prefer a charge against the guilty brother, which must be signed by a member of a Lodge in this jurisdiction. — 1883 Journal, 1146, 1156; 1884 Journal, 13, 116, 153. 2492. Accuser must be member within jurisdiction. Charges cannot be entertained by a Lodge, unless made by a member of some Lodge within the jurisdiction of this Grand Lodge.— 1856 Journal, 214. 2493. A brother under charges. A brother under charges has the right to prefer charges against a member. — 1889 Journal, 31, 122, 163. 2494. Brother in arrears. A brother in arrears, but not suspended, may prefer charges. — Bidwell Lodge vs. Price, 1873 Journal, 856, 864. 2495. Members of the Order. None but members of the Order can prefer charges. — 1855 Journal, 130, 139. 2496. Holder of Withdrawal Card. A brother holding an unexpired Withdrawal Card may prefer charges against a member of his Lodge during the year for which said card ex- tends.— 1857 Journal, 250; 1870 Journal, 187, 255. 2497. No personal knowledg-e. A brother may prefer charges, although he have no personal knowledge of the acts or conduct constituting the offense. — Weller vs. Soquel Lodge, 1892 Journal, 69, 90. 2498. Motive of accuser. In the matter of charges the motive or pretext of the accuser is not a question that can affect the right to prefer charges. — Weller vs. Soquel Lodge, 1892 Journal, 67, 90. 2499. An accused brother. A brother can prefer charges against one who has preferred charges against him. — 1891 Jour- nal, 586, 690, 716. TRIALS. 599 2500. Personal knowledg-e, information or belief. The accuser is not required to have personal knowledge of the acts constituting the offense, nor to state in charges that he prefers them on information or belief, or otherwise. If either party desire him as a witness for any purpose, he may be called and his testimony taken. — Whitters vs. Truth Lodge, 1890 Journal, 430, 448; Tully rs. San Francisco Lodge, 1890 Journal, 402, 410. 2501. Accuser need not be notified of Lodge's decision. The Recording Secretary of a Subordinate Lodge is not bound to notify a brother who has preferred charges, of the decision of the Lodge upon them. He must supply himself with informa- tion on that point. — Kendall vs. Eureka Lodge, 1855 Journal, 121, 132. 2502. Absence of accuser from trial. Absence from the trial of a member on charges, either by death or otherwise, of the brother preferring said charges, does not operate as a stay of proceedings or dismissal of the case; but the committee may adjourn from time to time to compel the attendance of the ac- cuser, or take his deposition if he be living. — 1866 Journal, 134, 219, 2.30. 2503. Motive or purpose— Witness. It is a matter of indifference whether the charges were "made out" by the brother who signed them or not. They- are not required to be signed by any witness for the prosecution, the motive or purpose for which a brother prefers charges do not affect their validity. — Berns vs. Blue Lake Lodge, 1892 Journal, 93, 101. 2504. Rig'ht to know name of accuser. It is the right of a mem])er of a Lodge, when put upon trial upon charges made against him, to know the name of his accuser and to raise the point for investigation whether the person preferring the charges is really a member of the Order. The Noble Grand has no right to order the name of the person preferring charges to be withheld. The accused shall be furnished with a full copy of the charges preferred. — Chedic vs. Eldorado Lodge, 1855 Journal, 130, 139. (See Charge Books). 600 TRIALS. 2. CHARGES-DBMURRER-PLBA-AMBNDMBNT- DISMISSAL. 2505. When not obligatory upon member to prefer charg'es. It is not obligatory, but optional, on a member to prefer charges against another member for a violation of any important law of the Order, if said member be satisfied in his own mind that it was caused by negligence and not from any willful violation of such law, unless a repetition of the offense is to be feared; but it should be reported to the Grand Master. The intent of an action should be the chief cause for considera- tion in matters of this nature. —1857 Journal, 271. 2506. Certain charg'es not encouraged. Charges should never be brought or encouraged when there is simply a disa- greement between brothers and for the mere settlement of such disagreement. It is not for every offense even that charges should be preferred. The person offended against has often a duty of forbearance to perform, which much better proves him a worthy brother than the preferring of inconsiderate charges for slight offenses. — Brooklyn Lodge vs. Mallett, 1861 Journal, 165, 192. 2507. Petty grievances and small matters. The Lodge- room is neither the place for settling the law of the land nor for adjusting petty grievances. It is a school in which to learn to avoid offending our brothers, but it is not an institution insuring us against the ordinary vexations of life. In small matters it is better to forgive instead of frittering away the time in bringing a brother to the bar of the Lodge for trial. — Kennedy rs. Crusade Lodge, 1863 Journal, 412, 413. 2508. Charges in nature of criminal prosecutions. Charges are in the nature of criminal prosecutions, and should not be resorted to except in cases of criminal, immoral or wrong- ful act or intent. — Occidental Lodge, vs. Adams, 1874, Journal, 82, 117; 1880 Journal, 322, 351. 2509. Charges against member of another Lodge. Charges preferred by a member of a Lodge in this jurisdiction against a member of another Lodge in this jurisdiction must TRIALS. 601 be preferred in the Lodge to which the accused belongs. No other Lodge has jurisdiction or right to receive or act upon the same. The law of the Sovereign Grand Lodge (see Sovereign Grand Lodge Journal for 1871, pages 4993, 5195 and 5245), is not applicable in this Grand Lodge jurisdiction as to the charges })referred by a member of a Lodge of this jurisdiction against a member of another Lodge of this jurisdiction. In such cases it is not necessary nor proper to submit charges to the complainant's Lodge nor to have a certified copy trans- mitted under its seal to the Lodge of which the accused is a member.— Weller vs. Soquel Lodge, 1892 Journal, 67, 90; 1896 Journal, 415, 578, 619; Preble vs. Harmony Lodge, 1879 Jour- nal, 81, 99; Sullivan vs. National City Lodge, 967, 977. 2510. Brother suspended for non-payment of dues. A Subordinate Lodge has jurisdiction over a brother who has ceased membership on account of non-payment of dues, when charged with conduct unbecoming an Odd Fellow. — 1861 Jour- nal, 179, 181. 2511. Suspended for a year. A brother under suspen- sion for a, year for an offense, who commits another offense during the suspension, is still a member of the Order and amenable to its laws, and charges may be preferred against him for the second offense and he may be tried therefor. — 1889 Journal, 28, 122, 163; 1867 Journal, 339, 350. (See also Sections 2816, 2817, of this Digest). 2511a. Limitations— within what time charges must be preferred. There shall be no limitation within which charges must be preferred for revealing the secrets of the Order, or for* gaining admission by any false representation, or for embezzle- ment or wrongful appropriation of the funds or property ap- pertaining to a Lodge or the Order, or for fraud or dishonesty toward the Lodge or the Order, or for being an unworthy per- son at the time of initiation, or for homicide or felony. All charges for other conduct unbecoming an Odd Fellow must be preferred within two years after the commission of the same. — 602 TRIALS. 2512. Charges or accusation. Charges shall duly specify the offense so as fully to apprise him (the accused) of the nature thereof, and to enable him to prepare for his defense, and shall be submitted to the Lodge in writing, and signed by a member of a Lodge within this jurisdiction. — Constitution Subordinates, Art VIII, Sec. 3. 2513. Demurrer and amendment. The accused may demur to the charges for insufficiency. If the committee sus- tain the demurrer, it shall forthwith report the same to the Lodge, which, if it approve the action of the committee, may permit amended charges to be filed at any time within two weeks. — Constitution Subordinates, Art. VIII, Sec. 3. 2514. Plea. The accused may plead orally guilty or not guilty. — Constitution Subordinates, Art. VIII, Sec. 3. 2515. Charg*es, motion to lie on table. The Lodge, if it desire to consider the charges before action upon them, has the right to order them to lie on the table for one week.^Pid- dington vs. Ontario Lodge, 1896 Journal, 524, 558. 2516. Payment of dues does not affect. The payment of dues by a brother, after charges are preferred against him, does not in any manner affect the charges or the prosecution of the same. — Strong vs. Eel River Lodge, 1893 Journal, 347, 363. 2517. What shall charg-es contain. Charges shall dis- tinctly set forth the offense, with specifications of time, place and circumstances, sufficient to constitute a complete offense, otherwise they are insufficient. — 1856 Journal, 211, 215; Fleury vs. Washington Lodge, 1856 Journal, 199, 200; Powers vs. Suisun Lodge, 1867 Journal, 331, 349; Brooklyn Lodge vs. Henderson, 1868 Journal, 477, 501, 502; Price vs. Magnolia Lodge, 1863 Journal, 401, 414; Paul vs. Laurel Lodge, 1885 Journal, 355, 367; Porter vs. San Lorenzo Lodge, 1894 Journal, 689, 690, 718. 2518. Specifications. No charges sufficient without speci- fications.— 1863 Journal, 401, 414. TBIALS. 603 2519. Time of commission of offense, etc. Ch90, 718. 2532. Perjury. Where a brother is charged with perjury, it is suflScient if the charges set forth the testimony alleged to have been given by the brother, together with the time, place and circumstances under which it was given, and that the tes- timony so given was false and known to the brother giving it at the time to be false, and that it was given with intent to deceive. It is unnecessary that the testimony should be mate- rial to the issue, because the reasons that induce courts of jus- tice or legislative assemblies to require that testimony shall be material to the issue in a charge of perjury, are not applica- ble to Odd Fellowship. The Lodge or committee may take the immateriality of the testimony into consideration in determin- ing whether the accused has knowingly or corruptly testified. — Fella V8. Golden Gate Lodge, 1883 Journal, 1164, 1180. 2533. Contemptuous lang-uage. Charges which specify that a brother used "harsh and contemptuous language," but which do not set forth the language used, are insufficient. — (.'avell V8. Oakland Lodge, 1876 Journal, 451, 464. 2534. Fraud. Where the charge against a brother is ' fraud" in drawing "unlawful sick-benefits" between certain iates, the .specification must state the facts constituting the fraud, and the facts showing or tending to show wherein the -ick-l>enefits were "unlawful." If the fraud consisted in the •rother's representing that he was sick when he was not, the specification must state that fact; and so if the fraud consisted in the brother's drawing sick-benefits for another member with- out authority. — Heinz vs. Germania Lodge, 1881 Journal, 573, .')99. 606 TRIALS. 2535. Bearing" two names. A charge in these words: " I herewith charge Brother (giving his name) with conduct unbe- coming an Odd Fellow, which is the bearing of two names for purposes unknown to me," is insufficient in substance. It is not charged or specified that appellant committed any crime, or that he violated any law, human or divine. — 1863 Journal, 416, 417. 2536. Keeping opium place. A charge that the accused did "on a certain day at a certain city, in a certain county in this State, violate an ordinance (naming it), of said city or town, by keeping a house wherein opium is smoked," is sufficiently specific, and states facts, which, if proved, constitutes conduct unbecoming an Odd Fellow. — Miller vs. San Pablo Lodge, 1884 Journal, 104, 133. 2537. Fraudulently drawing* benefits. A charge that a brother fraudulently drew sick benefits, feigning sickness for the purpose, should specifically allege the wrongful intent, the particular sickness claimed to have been feigned, and between what dates the alleged benefits were fraudulently drawn. — Hazen vs. Branciforte Lodge, 1887 Journal, 910. 2538. Wrongfully claiming benefits. A charge or speci- fication that a brother claimed certain benefits, is not an offense, unless accompanied by some allegation showing that the claim- ant knew he was not entitled to such benefits. There must be some wrongful intent alleged and proven, otherwise there is no offense. — Sayles vs. Industrial Lodge, 1880 Journal, 317, 350. 2539. Profane language. Disgrace to the Order. Where the charge against a brother is that he "used profane language" and "is a disgrace to the Order," the specifications must state the objectionable language with time, place and cir- cumstances. The particulars wherein it is claimed the brother is a disgrace to the Order must be set forth, so that the defend- ant shall be fully apprised of the nature of the charges against him, that he may prepare for his defense. — McBeth vs. Alpine Lodge, 1880 Journal, 319, 351. 2540. Wrongfully preferring charges. Charges which simply state in effect that the appellant, on a certain day pre- TRIALS. 607 ferred charges in the Lodge against a brother of misconduct, are insufficient The mere fact of the preferring of charges will not suffice. It is requisite, to constitute an offense, that the charges should be preferred maliciously and without probable cause, and these facts must be substantiated by proof. — Avan- sino vs. Morning Star Lodge, 1875 Journal, 258, 266. 2541. Offensive and profane language. Charges for having spoken or addressed any offensive, threatening, abusive or profane language to or concerning a person, brother or brothers, should show the names of the person, brother or brothers, to or of whom the offensive words were spoken, and should set forth the language used. — Harbor Lodge vs. Engle- bright, 1886 Journal, 609; Miller vs. Golden Gate Lodge, 1886 Journal, 638, 648; Paul vs. Laurel Lodge, 1886 Journal, 640, 648. 2542. False swearing. A charge that a brother gave false testimony in a Court of Justice should specify that the accused was sworn as a witness, before what officer, and that he wilfully and corruptly testified to certain facts, and that he knew at the time that what he testified to was false. — Fowles vs. Mound Lodge, 1886 Journal, 658, 662. 2543. False statements in a letter. Where a brother is charged with writing a letter to the Grand Secretary and with maliciously, wilfully and knowingly making therein cer- tain false statements of and concerning his Lodge and the members thereof, etc., it is unnecessary to set out in the charges a copy of the letter. It is sufficient if those parts of the letter constituting the offense are set forth. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 2544. Battery. A charge of battery is sufficient, if it sufficiently state the time and place and the person upon whom the battery was committed. — Miller vs. Golden Gate IxKlge, 1886 Journal, 638, 648. 2545. The same. The usual language employed in charging the offense of battery on a person is to state that the accused wilfully and unlawfully did make an assault upon and beat, and then specify the name of the person, and also to state 608 TRIALS. the date and venue. — Sullivan vs. National City Lodge, 1897 Journal, 968, 979. 2546. The same. On a simple charge of battery, the lan- guage used on the occasion of the battery would be part of the transaction and admissible in evidence, but it would not be necessary to set forth the language in the charges. — Miller vs. Golden Gate Lodge, 1886 Journal, 638, 648. 2547. Preferping" false charges. Where a brother is charged with preferring false charges to his Lodge, the specifi- cation must state what the charges were, and that they were preferred knowingly and maliciously, unlawfully, without probable cause. — Paul vs. Laurel Lodge, 1886 Journal, 640, 648. 2548. Amendment. The charges or pleadings in a case may be amended when it can be effected without detriment to the accused, and the same should always be done upon good cause being shown. Applied to a case, where, after trial com- menced, it was found that one of the alleged improper acts charged against the defendant occurred in a different locality than the one charged, and in order that evidence might be in- troduced as to said charge, the Lodge, upon application of the managers who conducted the cause against the defendant, allowed an amendment of the charge in that respect. — Ratten- berry vs. Capitol Lodge, 1870 Journal, 262, 292; Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. 2549. The same. If charges, obviously imperfect, be referred to a committee, the Lodge may at any time, on motion of any member of the Lodge, order the committee to report them back, and then dismiss them or allow proper amend- ments.— 1867 Journal, 325, 329. 2550. Amendment after tPiaL Charges against a brother for purchasing stolen goods were tried by a Trial Com- mittee, and they found he did not purchase them. The charges may be amended and referred back to the same Trial Committee which heard the case originally. By consent the case may be submitted to the same Trial Committee upon the testimony already taken before that committee before the TRIALS. 609 charges were amended. — Turley vs. San Francisco Lodge, 1890 Journal, 403, 410. 2551. When Lodges may dismiss charg-es. When charges are preferred against a brother and presented to the Lodge, the Lodge may, if the charges be frivolous, dismiss them, on motion. — 1896 Journal, 407, 578, 619. 2552. Frivolous charges. Frivolous charges are charges that do not state an offense, or are insufficient. — 1896 Journal, 578, 619. 2553. Charges specifying an offense. Where charges specify an offense the Lodge has no right to refuse to entertain them. They must be referred to a committee. — Laguna Lodge vs. Rose, 1877 Journal, 689, 704; Brown vs. Coloma Lodge, 1858 Journal, 371, 372. 2554. When Lodge may dismiss charges on motion. If the charges preferred against a brother be informal or frivolous the Lodg* has the 'right to dismiss them on motion duly made and carried, and that without reference to a Trial Committee. — Xewfield vs. Garcia Lodge, 1881 Journal, 503, 602, 627; 1888 Journal, 1019, 1111, 1130. 2555. Motion to dismiss charges— No grounds. A motion made in Lodge by a member thereof to dismiss charges without giving grounds for dismissal, after a Trial Committee has been appointed by the Noble and Vice-Grand, is out of order.— 1895 Journal, 41, 185, 235; 1896 Journal, 409. 2556. Dismissal of insufficient charges. When charges which are insufficient are preferred, a motion to dismiss on that ground is in order, and the Lodge may, by a majority vote at that time, dismiss insufficient charges; if not thus dis- missed, the charges should be referred to a committee of five and disposed of as provided in Article VIII, Section 4, Consti- tion of Subordinates. — Slocomb vs. Cayucos Lodge, 1896 Jour- nal, 519, 557. 2557. Withdrawal of charges. Charges which do not state facts constituting an offense, the Lodge may permit to 39 610 TRIALS. be withdrawn. — Piddington vs. Ontario Lodge, 1896 Journal, 524, 558. 2558. Dismissal or reform of charg-es. A Lodge has the right to dismiss or reform charges for irregularity at any- time before they are referred to the Committee of Investigation. —1896 Journal, 409, 578, 619. 2559. Withdrawn, amended and dismissed. Charges once withdrawn, amended and again presented, and by a vote of the Lodge dismissed on the ground of being frivolous, amended again but being substantially the same, can not again be forced before the Lodge for the third time. — 1895 Journal, 41, 185, 235. 2560. General demurrer. A general demurrer to the charges on the ground of their insufficiency, will lie if the defi- ciency appear on the face of the complaint or charges. As no charge is sufficient without specifications, such a demurrer reaches both. — Price vs. Magnolia Lodge, 1863 Journal, 401, 414. 2561. Informality— Good of the Order. A brother against whom charges have been preferred and referred to a Trial Committee, may, under the head of "Good of the Order," object that the charges do not constitute an offense against the laws of the Order. The accuser, or the accused, or any brother, may move to reject the charges for informality. Such matters are pure matters of law, and do not involve the merits. — Hatha- way vs. Suisun Lodge, 1867 Journal, 325, 329. 2562. Trial Committee. The Trial Committee may report the charges back, of its own motion, as insufficient, if it so deem them, before taking the evidence. — 1867 Journal, 325, 329. 2563. Demurrer and leave to amend. When a demurrer to the charges has been sustained, leave may be given to the complainant to amend. — Price vs. Magnolia Lodge, 1863 Jour- nal, 401, 414. 2564. The proper plea. A written answer to charges is not the proper practice. A plea of not guilty is the proper plea. — Lord vs. Parker Lodge, 1894 Journal, 722, 739. TKIALS. 611 2565. Demurrer, and plea of not guilty. The accused should demur before pleading not guilty. — Lord vs. Parker Lodge.— 1894 Journal, 722, 739. 2566. Accuser. The accuser is not required to be present when the accused pleads guilty, or is tried. If the defendant need the accuser, he should have him subpoenaed. — Ilsohn vs. Diamond Springs Lodge, 1897 Journal, 955, 977. 2567. Form of charges. The Grand Lodge has prescribed a form of charges. (See Form No. 47, of the Forms affixed to this Digest).— 1870 Journal, 232, 251. (See Cards; Dismissal Certificates; Dues; Installation; Officers). 3. SUMMONS. 2568. The parties to be summoned. The Trial Com- mittee shall, without unnecessary delay, summon the parties and try the case. — Constitution Subordinates, Art. VIII, Sec. 3. 2569. Copy of the charges. A copy of the charges under the seal of the Lodge is to be served upon the accused. — Con- stitution Subordinates, Art. VIII, Sec. 3. 2570. Form of summons, certificate and admission of service. The Grand Lodge has prescribed a form of summons and form of certificate of service thereof, and a form of admis- sion of service thereof. (See Forms Nos. 48, 49 and 50 of the Forms affixed to this Digest).— 1870 Journal, 232, 251. 2571. Service of summons with copy of charges. The Constitution of Subordinate Lodges requires the accused to be •'duly summoned " (See Section 5, Article VIII, thereof), and a copy of the charges under seal of the Lodge to be served on him. (See Section 3, Article VIII, thereof). The form of sum- mons prescribed by the Grand Lodge provides that a copy of the charges under seal are to be served with it. — Race vs. For- tuna Lodge, 1892 Journal, 99, 119. 2572. Time committee meets. A summons to a brother against whom charges have been preferred in a Lodge, should 612 . TRIALS. be specific in stating the time the committee will meet to try the accused. — Marlett vs. Brooklyn Lodge, 1862 Journal, 277 289. 2573. Place of committee's meeting. Where the ac- cused is " summoned to appear before said committee at I. 0,^ 0. F. Hall," and the only defect in the summons is that it fails to state the particular town or place in which the "I. 0. 0. F. Hall " is located, and it is signed by all the committee, and the accused makes no claim that he was, in fact, misled by the omission, it is a sufficient summons. — Swain vs. Merced Lodge^ 1895 Journal, 130, 177. 2574. To appear in another and distant county. The service of a summons in one county for a brother to appear in another and a distant county should afford a reasonable time for the brother to so appear. Such service in a county which requires a brother to leave for a distant place next day at 9 A. M. is not reasonable. — Race vs. Fortuna Lodge, 1892 Jour- nal, 99, 119. 2575. Time of service of summons. The Grand Lodge has enacted no law regulating the time of the service of the summons. If the service of the summons one day before the trial do not afford the accused time to prepare 'for trial, or for any other good reason he be not ready, he should make a motion for a continuance and show the cause therefor. — Rogers v8. Fresno Lodge, 1877 Journal, 648, 665. 2576. Notice of meeting" of committee. A notice of eight or nine hours to the accused of the meeting of the Com- mittee at a certain time and place is sufficient. If the accused desire more time in which to procure witnesses, he should apply for it to the committee. — Baker vs. Fountain Lodge, 1878 Journal, 907, 952. 2577. Time to serve summons before trial. In this jurisdiction there is no law requiring the summons to be served a certain number of days before the trial. Of course, a reason- able time must be afforded the accused; in ordinary cases, two or three days is a reasonable time. If the accused require TRIALS. 613 time to prepare for trial or to procure his witnesses, he can apply for a continuance, and the committee should be very liberal and indulgent in granting such first continuance. — Ilsohn vs. Diamond Springs Lodge, 1897 Journal, 955, 977. 2578. Verbal summons op notice. The parties must be summoned in due form, and the form has been prescribed by the Grand Lodge, together with the form of certificate or ad- mission of service. The Lodge should preserve proof of service. A verbal notice is not a legal summons. — 1861 Journal, 181, 179; Laurel Lodge vs. Howe et als., 1885 Journal, 357, 373; Chase vs. Fall River Lodge, 1888 Journal, 1121, 1152. 2579. Objects of a written or printed summons. The object of the law in requiring a written or printed summons is to obtain certainty as to the time and place of trial, and to avoid disputes and misunderstandings which are sure to arise from verbal notice or agreements. — Laurel Lodge vs. Howe rf als., 1885 Journal, 357, 373. 2580. By whom copy of charg^es served. Copy of charges under seal of the Lodge should be served upon the accused by the Recording Secretary, or by some other member of the Lodge duly appointed therefor by the Noble Grand, or any brother, at the request of the Secretary, may serve the charges, but it is best for the Secretary to serve the same in all cases. — 1896 Journal, 578, 619, 409; Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 2581. Personal service of Summons and Charg-es impracticable. Upon proof of the fact that personal service is impracticable, and that a copy of the charges and notice of trial has been deposited in the Post office nearest the last known residence of the brother, directed to him at stuch place of resi- dence, post paid, and that a like copy of the charges and notice of trial was left at his last place of residence if the same be known, the Lodge may regularly proceed with the trial. Then evidence can be introduced as in ordinary cases. In such trial the record of the Court in which he was tried, convicted and sentenced would be competent evidence. — 1895 Journal, 22, 23, 195, 196, 236. 614 TRIALS. 2582. Accused absconds or conceals himself, etc. In cases where charges are preferred against a brother of the Order in any Lodge to which he may belong, but from having absconded, or from his permanent absence or concealment he cannot be found so that the charges preferred or notice of trial cannot be personally served upon him, the Lodge may regularly proceed with the trial upon proof of the fact rendering such per- sonal service impracticable, and that a copy of the charges and notice of trial has been deposited in the Post office nearest the last known residence of such brother, directed to him at such place of residence, post-paid, and that a like copy of the charges and notice of trial was left at his last place of residence if the same be known. Provided, that such papers shall be deemed to have been served upon the brother only from the date when the constructive service above prescribed is complete; and, provided further, that in case such brother returns after the conclusion of his trial, not having appeared on such trial either in person or by counsel, and asks for a new trial, the same shall be granted him. An absconding member cannot be tried with- out the issuing of a citation pursuant to the foregoing require- ments.— 1855 Journal, 149; 1856 Journal, 180; 1855 S. G. L. Journal, 2507, 2522, 2531; 1865 S. G. L. Journal, 3836, 3847. 2583. Summons to members of Lodge to attend. A summons to the members of a Lodge, when provided by its By- Laws to attend a certain regular meeting to act on a certain subject, is proper whenever the Lodge chooses to order the same. A penalty for disregard of such summons can be inflicted only after due trial and conviction, as provided for in the Constitu- tion of Subordinates. — 1872 Journal, 576, 665, 684. 2584. Copy of charges and Trial Committee. It is not necessary that the Secretary of the Lodge should serve mem- bers of a Trial Committee with a copy of the same. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 4. TRIAL COMMITTEE. 2585. To consist of five. Such charges shall be referred to a committee of five members, who shall, without unnecessary delay, summon the parties and try the case. — Constitution Sub- ordinates, Art. VIII, Sec. 4. TRIALS. 615 2586. Appointed without delay. When charges are duly preferred, the Constitution contemplates the appointment of the Trial Committee without delay. — 1886 Journal, 534, 620, 646. 2587. To keep full minutes. The committee shall keep full minutes of the evidence and of their proceedings, and report the same to the Lodge with their verdict. — Constitution Subor- dinates, Art. VIII, Sec. 4. 2588. Committees, how appointed. Article VI, Section 10, Constitution of Subordinates, provides that "the Noble Grand, or officer acting as such, shall appoint the majority, and the Vice Grand, or officer acting as such, the minority of all committees on charges." It is a good ground of objection to a committee that it is not appointed as above provided; but if objection be not made at the proper time, the objection comes too late. — Robinson vs. Templar Lodge, 1880 Journal, 326, 367. 2589. Appointment of. In this jurisdiction, when charges are preferred, the Lodge may appoint the Trial Com- mittee in the absence of the accused. It is not required to postpone the appointment because the accused is not present. If the accused should be present, he may ask a continuance, which must be granted for at least one week. — Ilsohn vs. Dia- mond Springs Lodge, 1897 Journal, 955, 977. 2590. Objections to committee. Objections to the appointment or to any of the committee must, if the accused be present in the Lodge when committee is appointed, be made then, unless the brother request a continuance, which shall be granted for at least one week, and each member of the commit- tee may be examined as to his qualifications to act thereon, and if the accused be not present when the committee is appointed, he must make his examination of and his objections to the committee before he demurs or pleads. The accuser must make his objections at the same time that the accused objects or is required to object. Such objections, when made to the commit- tee, shall forthwith be referred and reported to the Lodge for its action thereon. — Constitution Subordinates, Art. VIII, Sec. 4. 616 TRIALS. 2591. Illegal appointment. It is illegal for the Noble Grand to appoint four members of the Trial Committee, and the Vice-Grand one. The Noble Grand must appoint a major- ity (three), and the Vice-Grand the minority (two). — Unity Lodge vs. Barnard, 1872 Journal, 560, 653; Rathamel vs. Hecker Lodge, 1896 Journal, 517, 557. 2592. Vacancy, how filled. A member appointed on a Trial Committee by the Vice-Grand resigns; the Vice-Grand should appoint to fill the vacancy in the committee. — 1888 Journal, 1026, 1111, 1130. 2593. In case Noble Grand appoint entire committee. The Noble Grand must appoint the majority, and the Vice- Grand the minority of Trial Committee. In case the Noble Grand should appoint all the members thereof, it would be a fatal error, if objection were made at the proper time; but if no objection be made, the defect is waived. — Cohen vs. Harbor Lodge, 1895 Journal, 165, 184. 2594. The same. If the Noble Grand appoint the entire Trial Committee, and the accused make no objection thereto and plead guilty, he could not thereafter avail himself of such objection. — Weller vs. Soquel Lodge, 1892 Journal, 67, 90. 2595. Resignation of member of. A Lodge has the right to accept the resignation of a member of the Trial Com- mittee, if the committee have not entered upon the discharge of its duties and have not begun the taking of testimony. — Billings vs. Eureka Lodge, 1891 Journal, 697, 717, 723. 2596. Election of member of Trial Committee as Noble Grand. The election and installation of a Past Grand to the office of Noble Grand while said brother was a member of a Trial Committee, did not make the election and installation of the said Past Grand illegal, but would disqualify the brother from any further action on said Trial Committee. — 1896 Jour- nal, 441, 607, 636. 2597. No proxy. Under no circumstances can an absent member of a Trial Committee act by proxy. — Wilson vs. Tem- plar Lodge, 1887 Journal, 892, 904. TRIALS. 617 2598. Committee to try a Past Grand. Under our present Constitution of Subordinate Lodges, a member of a Trial Committee, to try a Past Grand, is not required to be a Past Grand. Any Scarlet Degree member is eligible. — Billings vs. Eureka Lodge, 1891 Journal, 697, 717, 723; 1889 Journal, 28, 122, 163. 2599. A witness. A witness against the accused should not be a member of the Trial Committee. The committee is appointed because they are supposed to be unbiased brothers standing between the accuser and the accused, and should they testify in the case, they necessarily must pass upon the cred- ibility and weight of their own testimony. Such conduct of a committee is clearly erroneous. — Blair vs. Giles, 1873 Journal, 840, 855. (See Section 2707). 2600. Oup Subordinate Lodge Constitution g-overns. In appointing a Trial Committee, the Lodge is governed by the provisions of Section 10, Article VI, Constitution of Subordin- ate Lodges, established by the Grand Lodge of California. The Code of Procedure, in the appendix to White's Digest, estab- lished by Sovereign Grand Lodge, applies only to Subordinate Lodges under the immediate jurisdiction of the Sovereign Grand Lodge.— 1888 Journal, 1023, 1111, 1130. 2601. May test the committee's fitness, etc. Our Order may not be as strict, in regard to the Trial Committee, as courts are as to jurors, yet the rights of an Odd Fellow are as dear to him as the rights of other men are to them. He is protected by a fair trial, before an unbiased and impartial committee, and if he desire to challenge or test the committee's fitness, etc., he may do so. — Fella vs. Golden Gate Lodge, 1883 Journal, 1163,1165,1180. 2602. Plea of guilty. Where the Lodge acts upon a plea of guilty and affixes the penalty, it renders it immaterial for all purposes of substantial justice, whether two of the Trial Committee were so biased as to disqualify them to act or not. — Rogers vs. Fresno Lodge, 1877 Journal, 648, 665. 618 TRIALS. 2603. Employed by a railroad. The mere fact that a brother is employed by a railroad is no disqualification or ground of objection to his appointment or service on a Trial Committee. — Harbor Lodge vs. Englebright, 1886 Journal, 608. 2604. Need not inform accused as to his right to object. It is not the duty of the Trial Committee or of the Lodge to inform the accused that he has the right to object to any of the Trial Committee. — Holcomb vs. Nietos Lodge, 1877 Journal, 654, 666. 2605. Peremptory challeng-e not allowed. A brother who is under charges is not entitled to any peremptory chal- lenges to the members of the Trial Committee. — 1881 Journal, 503, 601, 627. 2606. District Deputy Grand Master may be member of committee. There is no law prohibiting the appointment of a District Deputy Grand Master on a Trial Committee, although it is good policy for a Lodge to avoid such a selec- tion. — Rogers vs. Fresno Lodge, 1877 Journal, 648, 665. 2607. The whole committee must act. The Trial Committee must be composed of the full number required by law, and all must be present to see and hear all of the witnesses and testimony. — Mariposa Lodge vs. Washburne, 1860 Journal, 35, 37, 33; Bay View Lodge vs. Turner, 1869 Journal, 66, 78; Meyer vs. Hermann Lodge, 1876 Journal, 452, 467; Schlarbaum vs. Ukiah Lodge, 1885 Journal, 375, 411; 1887 Journal, 891, 904; Johnson vs. Ophir Lodge, 1894 Journal, 685, 686, 717; Peterson vs. California Lodge, 1894 Journal, 686,717; Treasure vs. Mountain Vale Lodge, 1895 Journal, 163, 183. 2608. Accused cannot waive full committee. The accused cannot divest himself of his right to be tried by a Trial Committee composed of the full number required by law, by waiving it. — Mariposa Lodge vs. Washburne, 1860 Journal, 35, 37, 33; Schlarbaum vs. Ukiah Lodge, 1885 Journal, 375, 411; 1887 Journal, 891, 904; Johnson vs. Ophir Lodge, 1894 Journal, TRIALS. 619 685,686, 717; Peterson vs. California Lodge, 1894 Journal, 686, 717; Treasure vs. Mountain Vale Lodge, 1895 Journal, 163, 183. Note.— Four members of a Com- writiug and is read by the fifth mem- mittee caunot lawfully try a case, ber of the Committee, who signs the even though the evidence is all in report.— (1885 Journal, 288, 403, 432). (See Section 494). 2609. Too late to challenge Committee, when. It is too late to challenge a Trial Committee, or a member, on the ground of bias, or of having formed an opinion before trial, or object to the competency of members, or object to the commit- tee upon the ground that the Noble Grand appointed the whole Committee, after the trial had taken place. — Kendall vs. Eureka Lodge, 1855 Journal, 121, 132; Humphreyrs. San Andreas Lodge^ 1858 Journal, 356. Note. — The accused cannot be al- after the trial of Charges, too late to lowed to fish for a favorable issue object or except to a Trial Committee before a Committee, and failing to ou the ground that it was not chosen get a verdict, then to interpose ob- from qualified persons. — (California jections to the original Constitution Lodge vs. Beck, 1866, Journal, 192, of the Committee. It is, therefore, 210). 2610. Challengfe for bias. A member who was not present when Trial Committee appointed, summoned to trial upon charges, has the right to challenge said Committee for bias, and .such right exists up to the time that the accused demurs or pleads to the charges. — 1874 Journal, 94, 113, Constitution Subordinates, Art. VIII, Sec. 4. 2611. Challenge for bias— evidence. When the accused objects to certain members of the Trial Committee on the ground of bias, he must produce evidence in support of his alle- gation of bias. Should he fail to produce such evidence, the Lodge commits no error in compelling the members objected to, to serve on the Committee. — Smith vs. St. Helena Lodge, 1880 Journal, 321, 351; 1868 Journal, 466, 481. 2612. Conflicting" evidence as to member of. Where the accused objects to a member of the Trial Committee and offers, in support of his objection, an affidavit of an ex-convict, and the member objected to denies, upon his honor as an Odd 620 TRIALS. Fellow, the truth of the statements contained in the affidavit the Lodge is the judge of the qualification of the member, and of the credibility of the witnesses, and the weight which is to be given to the evidence presented in support of the ob- jection.— 1883 Journal, 1138, 1174. 2613. Challeng-e tried by the Lodg-e. If the accused be not present when the committee is appointed, then his right to challenge the Trial Committee for bias exists up to the time that he demurs or pleads to the charges. The committee are not permitted to be judges of their own case, any more than the jurors in the courts of law are, and when challenges are made to the members of the committee, such challenges shall be referred to the Lodge to determine. — Lake vs. Lowenthal, 1872 Journal, 655, 656, 677; Fella vs. Golden Gate Lodge, 1883 Journal, 1164, 1180; Constitution Subordinates, Art. VIII, Sec. 4. 2614. Certain questions may be asked. When the Lodge is enquiring into the competency or bias of the Trial Committee, it is proper to ask questions such as thesg: "Have you at any' time formed or expressed a desire that the defend- ant be got rid of as a member of this Lodge?" or "Have you ever formed or expressed an opinion or desire that the ac- cused's connection with the Lodge should be severed." — Fella m. Golden Gate Lodge, 1883 Journal, 1164, 1180. 2615. Challenge for bias or prejudice. When a Trial Committee is appointed, either side — prosecutor or accused — has the undoubted right to challenge for bias or prejudice any or all of the members of the committee. Such challenge must be made at the time required by the Constitution. The com- mittee can be questioned by both sides, to a reasonable extent, to be determined by the Lodge, as to their bias, prejudice or feeling for or against the accused, and proper minutes thereof should be kept by the Secretary of the Lodge, after which the Lodge shall pass upon their retention or exclusion from the committee. This is sufficient to protect the rights of all. — Con- stitution Subordinates, Art. VIII, Sec. 4; Miller vs. San Pablo Lodge, 1884 Journal, 104, 133. TRIALS. 621 2616. Conflicting evidence as to bias. When a mem- ber of the Order, upon his honor as an Odd Fellow, declares that he has no bias, prejudice or opinion in the case on trial, and is uncontradicted, except by the ex parte statement or affi- davit of a person not connected with the Order, the presump- tion is in favor of the Odd Fellow, and it is not, and cannot be error, for the Lodge to believe him. If he have falsified, the remedy is by proper charges therefor. — Miller vs. San Pablo Lodge, 1884 Journal, 104, 133. 2617. Partial and biased member excused. The mem- bers of the Trial Committee should be impartial and unbiased, and should any member of said committee answer in a way showing that he is biased or prejudiced against the accused, the Lodge should excuse him from service on the committee. — Parker vs. Laurel Lodge, 1885 Journal, 356, 373. 2618. Decided opinion as to g-uilt. A brother ought not to act upon a Trial Committee who has heard the evidence in the trial of the accused in a Court of Justice, and has formed and expressed decided opinions as to the guilt of the accused. In such a case, the fact of the brother stating that he could and would give the accused a fair and impartial trial and that nothing would please him more than to see the accused clear himself of these charges, and that he would like to see him do it if he can, does not render him a fair and impartial member of the committee, and if he serve as such member after object- ion duly made, the judgment of conviction will be reversed. — Springer vs. Harbor Lodge, 1886 Journal, 622, 645. 2619. Opinion not disqualifying*. The mere fact that a member of a Trial Committee entertains an opinion that when- ever one brother has a dispute with another brother, it ought to be brought before the Lodge, does not disqualify him from acting as a member of such committee. — Miller vs. Golden Gate Lodge, 1886 Journal, 638, 648. 2620. Contributed money to prosecute, etc. A brother who has contrii)uted money to prosecute the accused in Courts of Justice and who has expressed and has a fixed and deter- mined opinion of his guilt, is not qualified to serve on the Trial Committee. — Prewett rs. Mound Lodge. 1887 Journal, 837, 853. 622 TRIALS. 2621. Where no evidence of bias. The complainant objected in open Lodge, and before the committee to several members of the committee, because, as he alleged, they had iormed and expressed an unqualified opinion in the case. No evidence of such bias or prejudice was produced, and the brothers, being interrogated in open Lodge, asserted severally, on the honor of Odd Fellows, that they had not formed or expressed any such opinion. There was no error in requiring them to serve on the committee. If the complainant had any -evidence of the matter alleged he should have produced it to the Lodge, and for such purpose, if desired, time would undoubtedly be given him. — Livy Swan vs. Mt. Shasta Lodge, 1868 Journal, 466, 481. 2622. Accused and accuser. The principle declared by this Grand Lodge and the Sovereign Grand Lodge that the iiccused, when an officer, cannot appoint the whole or a part of the Trial Committee, and cannot, when Noble Grand, preside while the Lodge is acting upon the charges, should by parity of reason be applied to the accuser. All proceedings and matters of charges should be so conducted as to be reasonably free from -all suspicion of unfairness or partiality. The demands of justice, the dearest rights of an Odd Fellow, require that no accuser, no biased and interested officer shall have the power and oppor- tunity to appoint members of the Trial Committee, or to mould and control the proceedings, verdict and penalty. — Stanton vs. Santa Barbara Lodge, 1876 Journal, 453, 467. 2623. Fair and impartial committee. The defendant is entitled to a fair and impartial trial before a fair and impar- tial committee. Hence, where two of a committee, before their appointment, express their belief in open Lodge that the ac- cused is guilty, and the accused objects to their acting on the committee, the Lodge should sustain the objection, otherwise a judgment of conviction will be reversed by the Grand Lodge. — Concordia Lodge vs. Gestefield, 1872 Journal, 557, 651. 2624. Absence of accuser from trial. The absence from a trial, either by death or otherwise, of the brother pre- ferring the charge, does not operate as a stay of proceedings or TRIALS. 623 dismissal of the case; 'provided^ that the committee may adjourn from time to time to compel his attendance or take his deposi- tion, if he be living.— 1866 Journal, 134, 219, 230. 2625. No rig^ht to report the accuser guilty of mis- demeanor. A Committee on Charges have no right to report the accuser guilty of a misdemeanor, when charges are not sus- tained, even if it appear that he preferred the charges wilfully, but they may express their conviction of any facts bearing upon his conduct. — 1861 Journal, 181, 179. 2626. Statement by complainant. The mere fact that a complainant has stated what occurred to a brother, or the mere fact that he should so state to all the members in open Lodge, and then prefer charges, would not disqualify the particular member or any member from serving on the Trial Committee. — Berns vs. Blue Lake Lodge, 1892 Journal, 93, 101. 2627. Biased member of. The accused is entitled to an impartial and unbiased Trial Committee, and it is error for a Lodge to retain on such committee a member objected to, who had said, concerning the accused: "He should go out of the Lodge. The Lodge would not be good for anything until he went out. I think I can whip him. He is a stinker."— Parker /•x. Laurel Lodge, 1885 Journal, 355, 373. 2628. Vice-Grand related to complainant. Where the objection is that the Vice-Grand, who appointed two of the Trial Committee, is a brother of the member of the Lodge who preferred the charges, the committee should refer the mat- ter to the Lodge for determination. A Vice-Grand who is a brother of the accused should not appoint any member of the committee, but should cause another qualified member to act as Vice-Grand in making the appointment. — Hankerson vs. Santa Lucia Lodge, 1891 Journal, 664, 674. 2629. Objection to member of. When an objection to or challenge of a member of the Trial Committee on the ground of bias, etc., is made in proper time, the matter should be re- jmrted to the Lodge for its action. — Rae va. Eel River Lodge, 1891 Journal, 667, 674. 624 TKIALS. 2630. Noble Grand cannot be on committee. Where the Noble Grand appoints a majority of the Trial Committee, the Vice-Grand in appointing the minority of said committee can- not lawfully appoint the Noble Grand a member thereof. As the presiding officer of the Lodge should be free from all feeling that might govern his actions upon the report of such commit- tee.— 1886 Journal, 626, 647. 2631. Biased member of. The Grand Lodge has declared that an accused brother is entitled to a fair and impartial trial, and that a brother who has already in his mind tried and con- victed a brother, cannot act on the Trial Committee. That each member of the Trial Committee must be free from such opinions. — Springer vs. Harbor Lodge, 1886 Journal, 622, 645. 2632. No written notice of appointment. The Trial Committee is appointed and not elected by ballot, and the mem- bers thereof may meet as such Committee and perform their duties without any written notice of their appointment. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 2633. Each brother entitled to separate trial. Where separate charges are preferred against several brothers of a Lodge, it is advisable to appoint a separate and different com- mittee in each case, if possible. Each brother is entitled to a separate trial. — Laurel Lodge vs. Howe, et als, 1885 Journal, 357, 373. 2634. Question of jurisdiction. The question as to the jurisdiction of a Trial Committee over an accused is not involved in the manner of its appointment. — Robinson vs. Templar Lodge, 1880 Journal, 326, 367. 2635. Must be tried by his own Lodge. A brother can be tried only by a Trial Committee of his own Lodge. No other Lodge or committee has jurisdiction, and jurisdiction cannot be obtained by another Lodge or committee, even by agreement between the respective parties. — 1884 Journal, 20, 116, 153. 2636. Removal of Committee for cause. When a Trial Committee does not, "without unnecessary delay,^' proceed to try charges submitted to them, they may be removed by a TRIALS. 625 vote of the Lodge, and the charges referred to a new com- mittee. There is no statiitor}^ punishment for a Trial Commit- tee which neglects its duty in this particular. — 1883 Journal, 1003, 1150, 1175. (See Section 494). 2637. Trial by new committee. Where a Lodge has legally ordered charges against a brother to be tried by a new committee, and selects the committee and closes its session, the accused has the right to be tried by said committee, and the Lodge has no right at a subsequent meeting to reconsider the appointment of the new committee. — Brown vs. Charity Lodge, 1875 Journal, 259, 266. 2638. Members of Trial Committee may vote. The members of the Trial Committee have the right to vote in the Lodge on all questions relative to their report or the determi- nation of the penalty. — Davis vs. Lafayette Lodge, 1885 Jourr nal, 377, 413. 2639. Majority and Minority reports. The Trial Com- mittee may submit majority and minority reports as to the guilt and innocence of the accused. — Bay City Lodgers. Ephraim, 1861 Journal, 154; Yerba Buena Lodge vs. Collins, 1869 Jour- nal, 99, 123. 2640. The same. Where there are two reports of a Trial Committee, a majority finding the accused not guilty and a minority report finding him guilty, the Lodge must receive both, and notify both accused and accuser, allowing them two weeks after such notice to present such exceptions as either may desire to present— 1878 Journal, 818, 948, 974. 2641. Report of Committee. The Grand Lodge has pre- Bcribed a form of report of Trial Committee. (See Form No. 54 of the Forms affixed to this Digest). 2642. Verdict of "not gruilty," when. Where there is not sufficient evidence in the opinion of the Trial Committee to sustain the charges, the verdict of said committee should be "not guilty.— Parker vs. Laurel Lodge, 1885 Journal, 356, 373. 40 626 TRIALS. 2643. Report of "g-uilty." The report of the Trial Com- mittee finding the brother "guilty," where a brother is charged with two or more offenses, is sufficient, as the verdict or report of guilty imports that the committee have found the brother guilty as charged, or of all the charges. It matters not whether the committee have rendered their verdict of guilty on the evi- dence, or his confession of guilt, or both. — Barnard vs. Hum- boldt Lodge, 1876 Journal, 450, 464. 2644. Where there are several charges. Where there are several charges or specifications against the accused, and the Trial Committee report him ''guilty of conduct unbecoming an Odd Fellow as charged in the specifications," it is sufficient. It is the better practice that the Trial Committee, in making their report, should state their verdict on each charge or specification separately. — Kelley vs. Silver Star Lodge, 1887 Journal, 855, 866. 2645. Committees should report their minutes and evidence. The committee should report the minutes of its proceedings and the evidence with its verdict, and on its failure to do so, should be compelled to do so by the Lodge; but if the defendant be discharged from liability by the report of the committee and the action of the Lodge, he sustains no injury from the irregularity. — Powers vs. Suisun Lodge, 1867 Journal, 331, 349. 2646. Should not recommend a penalty. The Trial Committee should not in its report recommend a penalty. Yet such a recommendation does not vitiate their verdict or report. —Smith vs. Stony Creek Lodge, 1887 Journal, 838, 853. 2647. Minutes must be complete history of trial. It is obligatory on the Trial Committee to reduce all the testi- mony to writing. The committee cannot omit or expunge any objection, or the testimony, or any portion of the testimony, of any witness. These minutes must be a complete history of the case before the committee, embodying all the evidence, objec- tions, exceptions, acts and proceedings. — Caveil vs. Oakland Lodge, 1876 Journal, 451, 464. 2648. Opportunity to present defense. In trials, care should be taken to award the accused all of his substantial I TRIALS. 627 rights. He must have full, free and reasonable opportunity to present his defense, and when this is done, no rights of the Lodge are impaired, but, on the contrary, are secured, and its members can act with confidence, knowing that they are in possession of every fact and argument upon which to exercise an intelligent and just judgment. — Paul vs. Laurel Lodge, 1886 Journal, 639, 648. 2649. Personal appearance of accused may be waived. A brother is not required to appear personally before this com- mittee, for he may waive it. If he send a letter answering or explaining the matter, the committee may afford him addi- tional time to appear, or proceed with trial in his absence, according to circumstances. — Race vs. Fortuna Lodge, 1892 Journal, 99, 119. 2650. Charg-e of perjury. It is the practice of certain courts of justice not to try an indictment for perjury arising out of civil suit while that suit is in any way undetermined, except in cases where the court in which it is pending post- pones the decision of it in order that the criminal charge may be first disposed of. Our Order has no laws or practice regu- lating or relating to this matter. Perhaps it would be well for the Lodges to adopt the practice of postponing the trial of such charges till after the determination of the civil suit. — Maul- batch ?•.'<. Pajaro Lodge, 1877 Journal, 659, 660. 2651. Reopening: the case. A Trial Committee that had not made a report or rendered a verdict, did, nine days after the case was submitted, reopen the case upon motion of the prosecution (previous notice of motion having been given to the accused), and heard further testimony. This was a proper exercise of the discretion of the committee. The possession and use of such a power may often be necessary for the ascer- tainment of the truth. — Lyster vs. Pajaro Lodge, 1875 Journal, 259, 266. 2652. Continuance and notice. Where the accused is duly summoned, and appears before the Trial Committee, and all the subsequent meetings of the Trial Committee are con- tinued to a time certain, no notice is necessary to the accused 628 TRIALS. or his attorney of such subsequent meetings. If a Trial Com- mittee adjourn without adjourning to a time certain, or with- out fixing the time of its next meeting, in such cases a notice to the accused or his attorney of the next meeting should be given. If the counsel be present at the meeting, the want of notice is immaterial. — Shiels vs. St. Helena Lodge, 1889 Jour- nal, 99, 107. (See Section 501). 2653. The same. When a Trial Committee, from any cause, fails to meet at the time appointed to try a brother upon charges, they should fix another time and notify the accused to appear at such time and proceed with the trial. A brother is not in jeopardy until tried and verdict rendered. — 1877 Jour- nal, 582, 678, 702. 2654. Report and proceeding's. The Trial Committee should present with their report the minutes of their proceed- ings and evidence. — Paul vs. Laurel Lodge, 1885 Journal, 353, 367. 2655. Continuance and want of counsel. When the accused appears before the Trial Committee for the first time, as required by the summons, the committee should be liberal in granting a continuance. Where a brother desires to be rep- resented by counsel, and appeared with one ready to proceed ,- but through ignorance and mistake of law, he retained one not qualified to act, and the brother was acting in good faith, a continuance should be granted. — Paul vs. Laurel Lodge, 1885 Journal, 353, 367. 2656. Accused in jail and continuance. Where the accused is confined in jail to be tried for the same offense, it would, as a general rule, be better, where there is any prob- ability that the accused might be released on bail and appear before the committee in a reasonable time, to grant a reason- able continuance, that he might appear before the Trial Com- mittee during the investigation. — Prewett vs. Mound Lodge^ 1887 Journal, 836, 837, 853. 2657. Plea of guilty and report. Where the accused pleads guilty, and the committee reports his plea to the Lodge^ TRIALS. 629 it is not necessary to take evidence or for the committee to find or to report that they found him guilty. — Eldridge vs. Klamath Lodge, 1889 Journal, 98, 107. 2658. Verdict and report. The Trial Committee should state their verdict on each charge or specification separately, and the verdict should be "guilty as charged" or " not guilty." The report of the Trial Committee should not contain any rec- ommendations to the Lodge, or state any reasons for the ver- dict. — Cohen vs. Harbor Lodge, 1895 Journal, 165, 184. 2659. Trial and time. There is no law requiring the trial to take place within a specified time. — Conrad vs. Orpheus Lodge, 1878 Journal. 895, 935. 2660. Disposition of charges. When charges of miscon- duct, in due form, are legally preferred, the Trial Committee appointed, the accused pleads not guilty, and the prosecution is ready to proceed, the charges should be investigated and dis- posed of as provided in the Constitution of Subordinate Lodges, unless the Lodge, by and with the consent of the prosecutor, make some other disposition of the charges, which the circum- Btances justify. — 1896 Journal, 409, 578, 619; Meyer vs. Hermann Lodge, 1876 Journal, 452, 467. 2661. Committee's duty as to verdict. It is the Trial Committee's duty to find the accused guilty or not guilty of the charge or some portion of the charge. They are not to pass upon matters not involved in the charge. — Treanor vs. Chico Lodge, 1894 Journal, 688, 717. 2662. Continuances. The object of the trial is to deter- mine the guilt or innocence of the accused and for the purpose of ascertaining the truth. It is in the sound discretion of the committee to adjourn from time to time to receive additional testimony. — Berns vs. Blue Lake Lodge, 1892 Journal, 92, 101. 2663. Continuance of trial in discretion of committee. A continuance of the hearing of charges against the accused is a matter which appertains to the discretion of the Trial Com- mittee and the Grand Lodge will not interfere on this point on 630 TRIALS. appeal unless the committee have abused its discretion. — Pre- wett vs. Mound Lodge, 1887 Journal, 837, 853. Note. — A case cannot be postponed snmed can be proved by such absent to procure the testimony of an absent witness. — (1863 S. G. L. Journal, witness, when the other party to the 3573, 3589). proceeding admits all that it is as- 2664. Motion for continuance. Upon such motions some showing should be made as to what it is expected or intended to prove by the witness. Some evidence should be presented to sustain the application. A mere statement that the accused desires a person or persons as witnesses, or has documentary- evidence, or moves a continuance that he may have a person or persons as witnesses, etc., is not sufficient. If such mere state- ments or motions were sufficient, a guilty man might not per- mit a trial to be completed or ended. — Knowles vs. Enterprise Lodge, 1897 Journal, 955, 977. 5. EVIDENCE AND WITNESSES. 2665. Obligation or oath of witness. If a witness be a member of the Order he shall be obligated and give his evi- dence on the honor of an Odd Fellow; if he be not a member, then on oath or affirmation, and the proceedings must state that such obligation or oath was administered. Any member of the committee may administer the obligation or oath. — Con- stitution Subordinates, Art. VIII, Sec. 4. 2666. Hearsay and ex parte statements. Hearsay and ex parte statements must not be received, but the person must personally appear as a witness and testify, or his deposition must be taken as provided by the laws of the Order. — Consti- tution Subordinates, Art. VIII, Sec. 4. 2667. Right of cross-examination. No testimony shall be taken without notice, or opportunity for cross-examination by the opposing party. — Constitution Subordinates, Art. VIII» Sec. 4. 2668. Witnesses to sign their testimony. Each wit- ness, at the conclusion of his testimony, or, if the committee adjourn before its conclusion, then at each adjournment shall i TRIALS. 631 have his testimony, as taken down by the committee, read over to him, and shall make such corrections thereof as he may deem proper, and shall thereupon sign each page of said testi- mony. The fact that his testimony has not been concluded shall, in case of adjournment, be noted on the minutes. — Con- stitution Subordinates, Art. VIII, Sec. 4. 2669. When testimony taken by shorthand reporter. In lieu of taking and signing the testimony as herein provided, the same may, by consent, duly signed, be taken down by a shorthand reporter and as soon as possible thereafter written out by him in long hand and duly certified by him to be cor- rect, but any witness may, if he desire, correct his -testimony after it is so written out, and in such case of correction shall sign the same, and the Lodge shall not be liable for the ex- penses or any part thereof except it, at a regular meeting and prior to the taking of the same by the reporter, agree to pay for the same. — Constitution Subordinates, Art. VIII, Sec. 4. Note.— A stenographer or type- (1897 S. G. L. Journal, 15175, 15534, writer to take down the evidence 15584, 15613). must be a member of the Order. — 2670. Rules to be observed. In appeal cases to the Grand Lodge, the judgment of the Subordinate Lodge will not be sustained unless the following rules be substantially com- plied with. All testimony to be reduced to writing, under oath if made by a person not a member of the Order, and upon the honor of an Odd Fellow if the witness be a member, and the testimony must state that such oath or obligation was admin- istered. No testimony to be taken without notice to, and opportunity for cross-examination by the opposing party. — 1856 Journal, 211, 215. 2671. Evidence groverned by State law, when. Where no other rules of evidence are prescribed by the Order, Trial Committees must be governed by those of the Courts of the State.— California Lodge vs. Beck, 1866 Journal, 192, 210. 2672. Presumption of innocence. A brother is always presumed to be innocent until he is proven guilty. He need not introduce evidence to refute a charge until the evidence 632 TRIALS. brought to sustain it shows that it is probably true. — Porter vs. Magnolia Lodge, 1862 Journal, 286, 285. 2673. Reasonable doubt. The guilt of the defendant must be proved beyond a reasonable doubt. It is not enough that he may possibly be guilty. The complainant must prove him guilty beyond a reasonable doubt. A defendant may rest his case on the presumption of his innocence. The proceedings are criminal in their nature. — Blair vs. Giles, 1873 Journal, 840, 855. 2674. Oblig-ation or oath. The Witnesses should be obli- gated or sworn, and the minutes of the proceedings of the Trial Committee should show that an oath or obligation was admin- istered to each witness, and the witnesses should sign their testimony. — Cohen vs. Harbor Lodge, 1895 Journal, 165, 184; Rothamel vs. Hecker Lodge, 1896 Journal, 517, 557. 2675. Oblig-ation or oath, by whom administered. Any member of the committee may administer the obligation or oath to witnesses. We have no law requiring the oath to be administered by a public officer. — Constitution- Subordinates, Art. VIII, Sec. 4; Conrad vs. Orpheus Lodge, 1878 Journal, 895, 935. 2676. Testimony, how taken. The examination of wit- nesses on the trial of charges is by questions and answers, and all the questions and answers should be taken down by the Trial Committee, so that the Subordinate Lodge, and also the Grand Lodge, in case of appeal, may be placed in possession of all the proceedings and evidence. A knowledge of all the pro- ceedings and evidence is necessary to enable the Subordinate Lodge and the Grand Lodge to make a just and proper dispo- sition of the case. — McCormack vs. East Side Lodge, 1890 Jour- nal, 404, 410; Berry vs. Evergreen Lodge, 1896 Journal, 520, 557. 2677. Cross-examination. Cross-examination is one of the tests of the truth or falsity of the witness' testimony, and it is a right which should never be denied. — Eureka Lodge vs. Wilson, 1877 Journal, 651. TRIALS. 633 2678. Witness, how obligated op sworn. Every witness who is a member of the Order, must be obligated upon the honor of an Odd Fellow, or, if he be not a member, must be sworn after the manner of witnesses in courts of justice, by the Trial Committee. A brother should be obligated that he affirms, upon the honor of an Odd Fellow, that the evidence he shall give in the matter under consideration shall be the truth, the whole truth, and nothing but the truth. The Grand Lodge requires that the minutes must state the oath or obligation was administered. — Hankerson vs. Santa Lucia Lodge, 1891 Journal, 665, 674. 2679. Rig-htS of the accused. The defendant is entitled to meet the witnesses face to face, to cross-examine them either by himself or by his counsel, and to test their memory by every known device. To deprive the accused of an opportunity to cross-examine a witness for the prosecution, who was examined in chief, is a sufficient error to reverse the whole proceedings. — Livingston vs. California Lodge, 1863 Journal, 416, 417; Blair vf<. Giles, 1873 Journal, 840, 855. 2680. Test of witness' knowledge of languages. When a witness testifies that the defendant called the witness and his family bad names in the Hebrew language, the defend- ant may test the witness' knowledge of that language on the cross-examination, and may demand that the witness repeat or write the Hebrew words used by him. — Unity Lodge vs. Bar- nard, 1872 Journal, 561, 653. 2681. Witness must answer all proper questions. Where the questions asked of a witness are proper, but the wit- ness does not wish to answer, the Chairman of the committee has no right to rule that the committee has no power to demand of witness unwilling answers. The committee should require witness before it to answer all proper questions, and should report the questions and answers to the Lodge. — Wilson w. Templar Lodge, 1887 Journal, 892, 904. Note. -A wife canuot testify against (1880 S, G. L. Journal, 8404, 8478). her huHband, if he object, unless the A divorced woman may testify against hoslmnd is charged with inflicting her divorced husband— (1849 S. G. L. some corporal injury upon her— Journal, 1502, lol3; 1880 8. G. L. 634 TRIALS. Journal, 84(M, 8478). Declarations of larations must be made when the a deceased person, made when he person making them had no hope or supposed himself to be in extremis, expectation of recovery— (1877 S.G.L. can be heard in evidence. Such dec- Journal, 7344, 7413). See Sec. 2724. 2682. Defendant as a witness. A defendant cannot be forced to testify against himself, although he may voluntarily offer himself as a witness in his own behalf. — Hankerson vs» Santa Lucia Lodge, 1891 Journal, 665, 674. 2683. Bpothep under charges may be a witness, A brother who is under charges for an offense not connected with the matter on trial is a competent witness for or against a brother who is on trial, reserving to the committee, or the Lodge, as the case may be, the right to determine the weight which shall be attached to his testimony. — Cloutman vs. El Dorado Lodge, 1855 Journal, 129, 139. 2684. Accuser not a necessary witness. The fact that the brother who preferred the charges was not a witness at the trial, nor his deposition introduced to sustain the prosecution, is immaterial. If the accused desire his testimony, he can subpoena him and introduce him as his witness. — Paul vs. Laurel Lodge, 1887 Journal, 840, 853. 2685. Declarations of accused as evidence. A man's declarations against his own interest are admitted in evidence on the ground that he will not speak falsely against himself. He is entitled to have all the declarations which he made at the time in question produced in evidence, that the tribunal may know that he is not misrepresented. But his declarations in his own favor, made at other times, are not admitted, because he would be under temptation to create evidence in his own favor. — California Lodge vs. Beck, 1866 Journal, 192, 210. 2686. Credibility of witnesses. The Trial Committee, or the Lodge, are the judges of the facts or the credibility of the witnesses and the credit, value, effect and weight to be given to their testimony. — Bay City Lodge vs. Ephraim, 1861 Journal, 156, 166; Fella rs. Golden Gate Lodge, 1883 Journal, 1160, 1178; McCleery vs. Sacramento Lodge, 1887 Journal, 870, 887. TRIALS. 635 2687. Hearsay evidence. On the trial of a brother no evidence should be permitted to be introduced from hearsay of another's remarks, whose name is refused to be disclosed^ thus preventing a rebuttal or disproval. Hearsay testimony contains within itself such obvious and inherent defects, that it must not be accepted as evidence. — Humphrey vs. San An- dreas Lodge, 1858 Journal, 356; Cook vs. Santa Clara Lodge, 1887 Journal, 868, 886. 2688. Libel and subsequent publications. In case of charges for a publication of a libel on one brother by another^ the defense, after proof of the publication, may offer a subse- quent publication in evidence as an admission of complainant that he had provoked the libelous assault. — Powers vs. Suisun Lodge, 1867 Journal, 331, 349. 2689. Committee should be liberal as to evidence. In the trial of charges the utmost good faith must be preserved — the utmost liberality be observed to facilitate the ascertain- ment of the truth. — Powers vs. Suisun Lodge, 1867 Journal,. 331, 349; Oroville Lodge vs. Evans, 1868 Journal, 467, 481. 2690. Verdict of jury in civil actions. On the trial of charges the complainant, to prove that a certain allegation in a civil answer in an action in a court of justice was false, can- not introduce in evidence the judgment roll containing the verdict of the jury. The verdict is not evidence, as the jury might have been mistaken. Whether they were or not, their verdict upon any fact submitted to them is not testimony against a member of the Order in a trial for conduct unbe- coming an Odd Fellow. — Blair vs. Giles, 1873 Journal, 839, 840, 855. 2691. Testimony when brother pleads guilty. Where a brother pleads guilty, and the Trial Committee examine wit- nesses on botli sides, including a witness not a member of the Order, and find the brother guilty, the fact that the witness not an Odd Fellow is not sworn, is of no importance. — In re Bagnell, 1870 Journal, 228, 280. 2692. Records of courts as evidence. On the trial of a brother on charges for an assault with a deadly weapon, the 636 TRIALS. accused offered the testimony of the Police Judge, that he was charged before him with an assault with a deadly weapon, and after examination was discharged as not guilty. If testimony of such a fact be admissible at all, the fact must be proved by the best evidence, viz : the records of the court where the examination and discharge took place. The attempt to estab- lish it by the recollection of the Judge is improper, and the committee will refuse such testimony. Even if the best evi- dence of the fact be offered and admitted the testimony will not be conclusive, for the committee can still determine whether the accused is guilty of the offense, even if discharged by the examining magistrate. — California Lodge vs. Beck, 1866 Jour- nal, 191, 210. 2693. Record of conviction in Courts of Justice. The record of the conviction of a brother of a criminal offense in a public Court of Justice of which offense he is charged in the Lodge, is prima facie evidence of his guilt. — Bassett vs. Elmira Lodge, 1886 Journal, 607. Note. — When a member of the is a member, and upon the facts being Order is convicted of a crime and is established and the member fully sentenced and serving a term in State identified, he must be expelled. — Prison, charges shall be preferred (1895 S. G. L. Journal, 14563, 14580, -against him in the Lodge of which he 14609). 2694. Reputation. Evidence to the effect that the reputa- tion of certain women was that of notorious prostitutes is proper as tending to prove that the women were of that class. — Lyster vs. Pajaro Lodge, 1875 Journal, 259, 266. 2695. Evidence against Teller for misreading" ballots. Brothers may testify as to how they voted at an election to prove that a teller fraudulently misread the ballots to secure the election of a brother. The tickets voted are admissible also to prove the same thing. — Yerba Buena Lodge vs. Collins, 1869 Journal, 99, 123. 2696. Certain opinion of witness is inadmissible. A witness was asked and gave his opinion that certain conduct of the accused was unbecoming an Odd Fellow. Such testimony is inadmissible. — Barnard vs. Humboldt Lodge, 1876 Journal, 450, 464. TRIALS. 637 2697. Right to introduce testimony. The accused ha» the right to introduce his testimony and the opportunity mustr be afforded him, however clear the case against him may appear to be. — Oroville Lodge, vs. Evans, 1868 Journal, 467, 481. 2698. Evidence where charge is drunkenness. Where the charge is drunkenness, the prosecution may offer evidence as to how the brother acted or comported himself upon the occasion of alleged drunkenness. — 1885 Journal, 370, 378. 2699. The same— Opinion of witness. Where the ac- cused is charged with drunkenness, a witness may, upon his own personal observation and knowledge, testify or give his^ opinion that the accused was or was not drunk. — Kelley vs. Silver Star Lodge, 1887 Journal, 855, 866. 2700. Declined to answer, might criminate. The fact that the accused, in an action in a Superior Court, declines to answer certain questions on the ground that it might criminate him, or criminate himself of a certain offense, cannot be used as evidence against him in the prosecution of charges before the Trial Committee. — Fowler vs. Mound Lodge, 1886 Journal,. 658, 662. 2701. Sworn testimony in a court. A document which is claimed to be the sworn testimony of a person before a court of justice is not admissible in testimony before the Trial Com- mittee, under the objection of the accused. The witness ought to be produced before the Trial Committee to give his testi- mony, for the accused has the right to be confronted with the witnesses against him and to exercise his right of cross-exam- ination. — Prewett rs. Mound Lodge, 1887 Journal, 837, 853. 2702. Certain opinions as to brother drawing benefits. The testimony of a witness, in general terms, that a brother has drawn benefits, when in the opinion of the witness he was not entitled thereto, is entirely improper. This is a material fact, and can only be determined by the committee from all the evidence and the law applicable thereto. It is not a matter for the witness to decide by his opinion. — Hazen vs. Branciforte Lodge, 1887 Journal, 910. €38 TRIALS. 2703. Comparison of handwriting*. Where a letter, alleged to have been written by the accused, is a material fact for the prosecution to prove, and the only evidence concerning the writing or signing of the same was a mere casual compar- ison between the handwriting of the signature to the letter and that of the signature of the accused to the Constitution of the Lodge, it is not safe or proper for the prosecution in such cases to rely solely or exclusively upon such comparison of hand- writing. There must be some additional proof that the letter was written or signed by the accused, or that it was in his handwriting. — McCormack vs. East Side Lodge, 1890 Journal, 405, 410. 2704. Testimony of absent witnesses. If it be desired to take the testimony of absent witnesses, they must be taken by deposition, as provided in the law enacted by the Sovereign Grand Lodge in that behalf. — Sullivan vs. National City Lodge, 1897 Journal, 968, 979. 2705. Depositions of absent witnesses, how taken. Whenever a Subordinate Lodge, or a member under a charge, shall desire to take the testimony of a witness whose personal presence cannot be had before the tribunal trying such charge, his deposition may be taken in the following manner: The party desiring to take the deposition shall file with the Secre- tary of the Lodge the interrogatories he wishes to be pro- pounded to the witness or witnesses, naming them. The Secretary shall immediately deliver, or cause to be delivered, to the opposite party a copy of the interrogatories. The latter party, within one week from such service, may file counter in- terrogatories with the Secretary, if he or they think proper. At the expiration of the week, or sooner, if the counter interro- gatories be filed, the Secretary shall forthwith forward them to the Noble Grand of a Lodge near to the witness, with a com- munication requesting him to take the deposition of the wit- ness or witnesses named. Upon receipt of the same, the Noble Grand shall, as soon as possible, take, or cause the deposition to be taken by some competent member of the Order, causing every interrogatory to be propounded to the witness, and the answer to each reduced to writing, in the presence of the wit- TRIALS. 639 ness, and when the deposition is completed shall cause the witness to sign the same. And then the Noble Grand, or per- son taking the same, shall certify the same to be duly taken, and such certificate shall be verified by the seal of the Lodge, and the deposition shall then be sealed in an envelope and transmitted by mail to the Lodge, before which the trial is pending. A deposition thus taken and certified may be read in evidence in the cause to which it relates. The testimony of non-resident witnesses may be taken in the same manner. — 1857 S. G. L. Journal, 2725, 2738, 2774; 1858 Journal, 345; 1858 S. G. L. Journal, 2885, 2909, 2962. 2706. Depositions on behalf of the prosecution. The prosecution may take testimony of absent and non-resident witnesses by written interrogatories. The law regulating this matter is a law of the Sovereign Grand Lodge, and it is for the benefit of the party preferring the charges as well as the party charged. — Eureka Lodge vs. Wilson, 1877 Journal, 651, 666. 2707. Member of Trial Committee. A member of Trial Committee is not a competent witness. — 1894 S. G. L. Journal, 13978. (See Section 2599). 2708. Affidavits. Depositions taken in the form of affi- davits before a notary public, the accused not being present, but the accused having been notified that the same would be taken, are incompetent evidence, and should not be admitted in testimony. Witnesses should appear and give their evidence before the Trial Committee; but depositions are admissible in evidence if taken in accordance with the law of the Sovereign Grand Lodge. — Paul th. Laurel Lodge, 1885 Journal, 355, 367. 2709. Reading^ of evidence before Lodge. There is no law re lost. Sec. 3.— Suspended or expelled members. No sus- pended or expelled member of the Order can be admitted to membership in this Lodge except on a dismissal certificate or on being reinstated and receiving a Withdrawal Card from the Lodge which suspended or expelled him, or from the Grand Secretary, as prescribed by law. Sec. 4.— Non-beneficial members. An Odd Fellow who has been regularly initiated into the Order, and has retained membership therein for at least five consecutive years, and wha at the time of making application for reinstatement or mem- bership shall be over fifly years of age, may be admitted to membership in this Lodge as a non-beneficial member upon such terms as the By-Laws may prescribe, by presenting a petition as required under Section 1, Article III, for proposals for membership by initiation, which shall be disposed accord- ing to said section. Sec. 5. — Applicant residing: nearer another Lodgfe. When an application for membership is received from a person residing nearer to another Lodge than the one to which the application is made, the Lodge receiving such application shall communicate the fact to the Lodge nearest the residence of such applicant, and shall inquire whether such person is a fit and proper person to be admitted into our Order, and, if in the same county and district, shall also ask the consent of such Lodge to 686 CONSTITUTION OF SUBORDINATE LODGES. receive and act upon such application; and it shall take no further action upon such communication. The Lodge receiv- ing such communication shall appoint a committee of three to investigate the character, standing and health of the petitioner, in the same manner as if the application was made directly to such Lodge. Such committee shall report at the next regular meeting of the Lodge, and a certified copy of the report, to- gether with a certified copy of the minutes showing the action of the Lodge upon the request for consent to receive and act upon the application (if such consent was necessary), shall he forthwith forwarded to the Lodge in which such application is filed, and said last-named Lodge may ther! proceed upon such application as in other cases, except that if it be a case where the consent of the other Lodge is necessary, and that consent be refused, the petitioner's money (if any has been paid) shall be returned, and no further action shall be had in the premises. Sec. 6.— Saloon-keeper, bartender and gambler. No saloon-keeper, bartender or professional gambler shall be elig- ible to membership in this Order. ARTICLE IIL Section 1.— Propositions for membership. The name of si person offered for membership, with his age, nativity, resi- dence and occupation, must be proposed by a member, in writ- ing, signed by the applicant, with the names of two persons as references attached, and entered upon the record, and forthwith be referred to a committee of three members for investigation, who shall report at the next succeeding regular meeting (unless extraordinary circumstances prevent), when the candidate shall be balloted for with ball ballots, and if three or more black •balls appear, the candidate shall be declared rejected. Sec. 2.— A brother twenty-five years a member. A brother who has been for twenty-five years a contributing member of a Subordinate Lodge, who may desire t6 join this Lodge by deposit of card, may make application for admission before severing his connection with his Lodge,*by sending in his petition setting forth the fact of his having been a member for that length of time, together with such other matter as is usually contained in petitions for membership; whereupon the CONSTITUTION OF SUBORDINATE LODGES. 687 Lodge shall proceed to consider such application in the usual manner, and in case of the election of such applicant, the Sec- retary shall immediately notify the Lodge to which the brother belongs, and when the brother's Withdrawal Card shall have been received by the Secretary of this Lodge, and he has paid the admission fee, he shall be entitled to sign the Constitution, and thereby be received into full membership. Sec. 3. — Withdrawal Card. Should this Lodge receive notification that one of its members has been so elected to membership by another Lodge, this Lodge shall, at the meeting when such notification is received, grant such brother a With- drawal Card — if he is clear on the books of the Lodge and free from all charges — Upon the payment of the requisite fee, and the Secretary shall immediately forward the card to the Lodge from which the notification of the brother's election to mem- bership comes. Sec. 4.— Reconsideration of ballot— Re-ballot. No re- consideration of an unfavorable ballot can be had unless all the brothers who may cast black balls against an applicant for membership voluntarily make a motion for reconsideration of the ballot; provided such reconsideration be had within four regular meeting nights next succeeding such rejection; and in such case the vote on the reconsideration shall be taken by ball ballots, and if all the balls cast be in favor of it, the recon- sideration shall be had; whereupon the application shall lie over till the succeeding meeting, when another ballot shall be had with ball ballots, and if the same be unanimously in favor of the applicant, he shall thereby be elected; but if one or more black balls appear in either ballot, the applicant shall be re- jected; and in no case shall a reconsideration be had except upon a voluntary motion of all those who cast black balls; and never more than one motion for a reconsideration in the same case shall be allowed. A favorable balloting can be reconsid- ered at any meeting prior to the admission of a candidate, pro- vided a majority of the members present agree thereto. In case one or more black balls appear in a ballot for a candidate for membership, the Lodge may immediately retake the ballot for such candidate, in order to verify the fact that such black balls may not have been cast by error. 688 CONSTITUTION OF SUBORDINATE LODGES. Sec. 5.— Rejection notice — Renewal of application. When a candidate for initiation has been rejected, notice thereof shall be sent, without delay, to the Grand Secretary, and to all the Lodges in the county and district, and he cannot be proposed again in any Lodge for the space of one year after such rejection. All other applications for membership may be renewed at any time. Sec. 6. — Withdrawing^ application. An application for membership may be withdrawn without the permission of the Lodge before the report of the committee is read to the Lodge, but not afterwards. Sec. 7. — False representations. If any person shall gain admittance to any Lodge upon a petition containing any false representations, he shall be expelled. Sec. 8.— Change of name on records. In case the name of any member of the Order shall at any time appear — upon memorial duly presented by him — not to be his correct name, the Lodge may, upon motion duly made therefor, order such name changed upon the records of the Lodge to his true name; provided a motion therefor shall be submitted in writ- ing at least two weeks prior to action thereon; a,nd provided further that two-thirds of the members present at the meeting of the Lodge consent thereto; and the Secretary shall report such action to the Grand Secretary, who shall report the same to all the Lodges in the jurisdiction. Sec. 9.— Membership by deposit of Visiting* Card. A member of any Subordinate Lodge shall have the privilege of applying for membership in this Lodge without first applying for a Withdrawal Card from the Subordinate Lodge in which he holds membership, by first obtaining a Visiting Card from such Lodge and depositing the same with this Lodge. Upon election of such brother by this Lodge, this Lodge shall notify the Lodge of which he is a member of such election, when, being free from all charges, and the payment of all dues and fines, upon proper application he shall be entitled to a Withdrawal Card. Upon deposit of said card with this Lodge, he shall be entitled to sign the Constitution and By-Laws and be received in full membership from such time, upon the payment of the CONSTITUTION OF SUBORDINATE LODGES. 689 admission fee required by the By-Laws of this Lodge for admis- sion by card. ARTICLE IV. Section 1.— Fees, dues and assessments. The fees of this Lodge shall not be less than $10.00 for initiation; $5.00 for each degree; 15.00 for admission by Card; $8.00 for an Ancient Odd Fellow, and $10.00 by Deposit of Dismissal Certificate. The dues of this Lodge shall not be less than twelve and one- half cents per week for beneficial members, and five cents per week for non-beneficial members, both payable weekly in advance; provided j that the dues of non-beneficial members. shall not be more than one-half the amount charged to benefit cial members. In addition to the foregoing, the Lodge may- provide by its By-Laws for a widows,' orphans' and educational Fund, and funeral tax, and for extraordinary assessments for Lodge purposes. Sec. 2. Benefits and dues, assessments and fineSr Every member qualified as required by the By-Laws shall, in case of being disabled by sickness or bodily accident from earn- ing 'a livelihood, be entitled to, and may receive such weekly benefits as may be fixed by law, from the funds of the Lodge, which shall in no case be less than four dollars per week for Third-degree members; but the Lodge may provide in its By- Laws that none but Third-degree members shall be entitled to weekly benefits; also, that benefits shall not be allowed for the first week's sickness. Such benefits shall commence six months from the date of admission to membership in this Lodge, whether the same be by initiation, Deposit of Card; as an Ancient Odd Fellow, or by Dismissal Certificate, provided the brother shall have attained the degree required by the By-laws, and all brothers, if otherwise qualified, shall be entitled to benefits if not more than thirteen weeks in arrears for dues, assessments or fines; provided that all payments by a niember shall be on his general account, unless otherwise directed by him, and shall be applied to the payment of dues, assessments and fines in th^^ order in which they become due, but this proviso shall not be applicable to fines imiK)8ed as penalties upon conviction upon charges. Benefits are rights personal to the member, his family 44 690 CONSTITUTION OF SUBORDINATE LODGES. and dependent relatives, and are not payable to the legal repre- sentatives of a member's estate. Sec, 3.— Funeral expenses and funeral benefits. In case of the death of a njember, irrespective of his standing relative to sick benefits, there shall be allowed from the Lodge a uniform sum of not less than thirty dollars to defray the expenses of the burial, to be paid by the Noble Grand on account of the funeral; provided, the brother be buried by the Order or at the expense of the family of the deceased. In the absence of competent relations the Noble Grand shall take charge of the funeral and render an account of the disbursements. In addition to the above, the Lodge may provide in its By-Laws for a funeral l)enefit. Sec. 4.— Funeral and sick benefits, funeral expenses and inmates of Odd Fellows' Home. The funeral and sick benefits shall be regulated by the By-Laws of the Lodge, and all orders drawn for the above benefits shall be by vote of the Lodge. No brother who shall have been admitted to the Odd Fellows' Home as an indigent shali be entitled to sick or funeral benefits during the time he shall remain an inmate of the Home, but the funeral expenses allowed by the By-Laws of his Lodge, in case of his death and burial by the Home, shall be paid into the Odd Fellows' Home Fund. No brother shall be required to pay Lodge dues or assessments while an inmate of the Home as an indigent. ^ Sec. 5. Benefit investig-ations— Appeal. If a Lodge re- fuses or neglects to grant sick benefits to a brother he may, at any time within four weeks thereafter, demand, in writing, that the Lodge appoint a committee to investigate the matter; whereupon the Lodge shall appoint a committee of five to hear the evidence and report the facts and their conclusions to the Lodge. The Noble Grand shall appoint three members of such committee, and the Vice-Grand shall appoint two members. The committee shall be governed by the laws applicable to Trial Committees upon charges. Such committee shall, with- out unnecessary delay, notify the brother of the time and place of their meeting, and investigate the case. Objections to the appointment, or to any of the committee must, if the claimant CONSTITUTION OF SUBORDINATE LODGES. 691 is present in the Lodge when the committee is appointed, be made then, unless the brother requests a continuance, which shall be granted for at least one week, and each member of the committee may be examined as to their qualifications to act thereon, and if the claimant is not present when the committee is appointed, he must make his examination of, and his objec- tions to, the committee before it proceeds to receive the testi- mony or evidence. Such objections, when made to the committee as herein provided, shall be forthwith referred and reported to the Lodge for its action thereon. The committee shall keep full minutes of the evidence, and of their proceedings, and report the same to the Lodge with their conclusion. The claimant has the affirmative of the issue. If a witness be a member of the Order he shall be obligated and give his testi- mony on the honor of an Odd Fellow. If he be not a member, then on oath or affirmation, and the proceedings must state that such oath, affirmation or obligation was administered. The obligation, oath or affirmation may be administered by any member of the committee. Hearsay and ex parte state- ments must not be received, but the witness must personally appear and testify, or his deposition must be taken as provided by the laws of the Order. No testimony shall be taken with- out notice, or opportunity for cross-examination by the op- posing party. Each witness, at the conclusion of his testi- mony, or if the committee adjourn before its conclusion, then at each adjournment, shall have his testimony as taken down by the committee read over to him, and after making such cor- rections thereof as he may desire, shall then sign each page of said testimony. The fact that his testimony has not been con- cluded shall, in case of adjournment, be noted in the minutes. Upon report being made by the committee to the Lodge, notice thereof shall be given by the Secretary to the claimant, and he shall have two weeks after service of such notice in which to file his exceptions thereto. The Secretary shall file a written certificate or proof of such service. If a Bill of Exceptions to the report of the committee is tiled, as above provided, the Lodge may determine upon its merits, and either change, modify or sustain the report of the committee; or refer it back to the .<th. Committee on Finance. 6th. Committee on Laws of Rebekah Lodges. 718 CONSTITUTION OF EEBEKAH ASSEMBLY. Sec. 2.— Credentials. The Committee on Credentials shall consist of three members, wlio shall be appointed by the Presi- dent who is holding over, or the incumbent of the chair at the time of opening the session, and whose duty it shall be to ex- amine and report to the Rebekah Assembly on the credentials and certificates of members. Sec. 3. — State of the Order. The Committee on State of the Order shall consist of five members, who shall be appointed by the President, with the consent of the Rebekah Assembly, and whose duty it shall be to examine all reports appertaining to the Order, and such other matters as may be referred to them, and report thereon to the Rebekah Assembly; and they shall annually present to the Rebekah Assembly an exhibit of the condition and progress of the Order in this jurisdiction, and recommend such measures for the good of the Order as from time to time they may deem proper. Sec. 4. — Leg'islation. The Committee on Legislation shall consist of five members, who shall examine and report on all proposed amendments of the Constitution, By-Laws, Rules of Order and resolutions governing this Rebekah Assembly, and such other matters as may be referred to them by the Rebekah Assembly or President. Sec. 5. — Petitions. The Committee on Petitions shall con- sist of five members, whose duty it shall be to examine all pe- titions referred to them, and report to the Rebekah Assembly €uch action thereon as they may deem proper. Sec. 6. — Finance. The Committee on Finance shall con- sist of five members, who shall be appointed by the President, by and with the consent of the Rebekah Assembly, and whose duty it shall be to examine and report on all accounts and claims against the Rebekah Assembly, previous to their being passed for payment by the Rebekah Assembly; to examine the accounts of the Secretary and Treasurer annually; ascertain the amount of funds in the hands of the Treasurer, and report the result of their examination and the condition of the finances immediately thereafter to the Rebekah Assembly; to ascertain and report at the commencement of each annual session the amount required for the expenses of the Rebekah Assembly for CONSTITUTION OF REBEKAH ASSEMBLY. 719 the ensuing year, and suggest such measures of finance as they may deem expedient. A majority of the members of the Finance Committee must reside in San Francisco. Sec. 7.— Laws of Rebekah Lodg^es. The Committee on Laws of Rebekah Lodges shall consist of five members, whose duty it shall be to examine and report on the By-Laws of such Lodges as may be referred to them; and also to examine and approve of the By-Laws of Rebekah Lodges that may be sub- mitted to them previous to being printed, and when approved by them or by the Rebekah Assembly, they shall be submitted to the Committee on Laws of Subordinates of the Grand Lodge, I. O. 0. F., of. the State of California, for their approval. ARTICLE VIIL Votes — Yeas and nays. Each person as named in Article III of this Constitution, except the President, shall be entitled to one vote. All questions and votes before the Rebekah Assembly not in this Constitution otherwise provided for, shall be determined by a majority of the votes given, and when five of the members call for a vote by the yeas and nays, or when the same are in this Constitution required to be taken, they shall be so taken and recorded on the journal. ARTICLE IX. Section 1.— Revenue and capitation tax. The revenue of this Rebekah Assembly shall be raised by a capitation tax on the Rebekah Lodges of the jurisdiction, and at such a rate per member as the Rebekah Assembly may deem proper, such revenue being for the purpose of defraying the necessary ex- penses of the Rebekah Assembly. Sec. 2.— Expenses of delegrates. The expenses of the delegates to the Rebekah Asseml)ly shall be borne by them- selves or the Rebekah Lodges they represent. ARTICLE X. Laws, uniform Constitution and legislation. This Re- bekah Assembly may enact, amend or rescind laws for its gov- ernment, and a uniform Constitution for Rebekah Lodges, and 720 CONSTITUTION OF REBEKAH ASSEMBLY. legislation for the government of the same; but such laws, uni- form Constitution and legislation, and also the By-Laws of Rebekah Lodges, shall not be in force till approved by the Committee on Laws of Subordinates of the Grand Lodge, L 0. 0. R, of the State of California, and the action of said Commit- tee on Laws of Subordinates shall be reported to said Grand Lodge for its action thereon. This Rebekah Assembly may enact, amend and repeal rules of order, for its guidance. ARTICLE XL District Deputies. District Deputies shall be appointed by the Grand Master upon the recommendation of the Presi- dent, and they may be suspended or removed by the Grand Master for neglect of duty or inefficiency. The President, as State Deputy, shall, in all matters and in all districts, have precedence in authority and rank over all District Deputies. ARTICLE XII. Duties of District Deputies. The Deputy of the Grand Master, in the absence of the Grand Master and President, shall install the officers of all Lodges in the district, be the organ of the Grand Master with the Lodges m her jurisdiction; she shall see that the work of the Order is performed uniformly; collect from Lodges in her district all reports and moneys due this Rebekah Assembly, and forward them immediately to the Secretary of this Rebekah Assembly; decide such questions as any Lodge in her district shall vote to submit to her, and report annually to the Grand Master her proceedings; she shall forthwith report all cases of violation on the part of Lodges of the Constitution and laws of this Rebekah Assembly, or disobedience to her lawful commands. ARTICLE XIII. Appeals to the Grand Lodge. All appeals from the decision or action of this Rebekah Assembly to the Grand Lodge, I. 0. 0. F., of the State, of California, shall be taken within five days thereafter, by filing notice of appeal, stating the grounds thereof, with the Secretary of the Rebekah Assem- bly, who shall forthwith transmit to the Grand Lodge a trans- cript of the proceedings therein. CONSTITUTION OF KEBEKAH ASSEMBLY. 721 ARTICLE XIV. Charters and dispensations. All charters to Rebekah Lodges shall be signed by the Grand Master and Grand Secre- tary of the Grand Lodge, and may also be signed by the Presi- dent and Secretary of the Rebekah Assembly. All applications for dispensations or charters for the institution of Rebekah Lodges shall be first presented to the President, who shall present the same to the Grand Master with her recommenda- tion relative thereto. ARTICLE XV. Reports and returns. The reports and returns from Re- bekah Lodges shall be transmitted to the Secretary of the Re- bekah Assembly, to be by her transmitted to the Grand Secre- tary of the Grand Lodge. The Secretary of the Rebekah Assembly shall present to the Rebekah Assembly, in her an- nual report, a statement of the condition and progress and work of the year as the same appears in said reports and returns. ARTICLE XVI. Section 1. — By-Laws. The Rebekah Assembly may enact, alter or amend such By-Laws as may be necessary to carry into effect the provisions of this Constitution, and of regulating the proceedings of its officers and of committees, and of pro- viding for the safety and security of the funds and property; provided J at least one day's notice in writing be given at the annual session, of such By-Law or amendment, and that the same do not in anywise contravene this Constitution. Such By-Laws or amendments shall not be in force until approved by the Committee on Laws of Subordinates of the Grand Lodge. Sec. 2.— Rules of Order. The Rebekah Assembly may, in like manner, make such rules of order as may be necessary for the regulation of its sessions and for securing good order and the dispatch of business. Such rules of order may be sus- pended at any meeting by a two-thirds vote; provided, that such suspension shall not extend beyond the meeting which voted therefor. 46 722 CONSTITUTION OF EEBEKAH ASSEMBLY. ARTICLE XVII. Amending' Constitution. Any amendment or alteration may be made to this Constitution at any regular annual session of this Rebekah Assembly, by a vote of two-thirds of the dele- gates present; provided, all such alterations shall be proposed one day before action thereon. Such amendments or altera- tions shall not take effect until approved by the Grand Lodge. -:^ ^M%* #. #. W. CONSTITUTION R.ebek:ahL Lodges, OF THE Independent Order of Odd Fellows of California. PREAMBLE. Objects and purposes. The objects and purposes of Rehe- kah Lodges are declared to be: 1st. To aid in the establishment and maintenance of Homes for aged and indigent Odd Fellows and their wives, and for the widows of deceased Odd Fellows; and Homes for the care, edu- ■cation and support of orphans of deceased Odd Fellows. 2nd. To visit the sick, relieve the distressed, and in every way to assist Subordinate and sister Rebekah Lodges in kindly ministrations to the families of Odd Fellows who are in trouble or want. 3rd. To cultivate and extend the social and fraternal rela- tions of life among Lodges and the families of Odd Fellows. ARTICLE L Section 1.- Name and number and charter. This Lodge «hall consist of at least five members, including one qualified to- preside at its meetings; and shall be hailed and entitled Rebekah Lodge, No. . . of the Independent Order of Odd Fellows of California. It cannot voluntarily surrender its charter or dis- solve, so long as five members in good standing desire to retain 8uch charter and work under it; provided, that when a vote upon the surrendering of a charter is to be taken, notice shall be sent to all members of the Lodge in good standing. 724 CONSTITUTION OF REBEKAH LODGES. Sec. 2. — Quorum. Five members, including one qualified to preside, shall constitute a quorum for the transaction of business. Sec. 3. — Sex. All the above requirements are to be con- strued as applying to members, irrespective of sex. ARTICLE II. Section 1. — Powers and privileges. This Lodge shall possess the powers and enjoy the privileges following: Clause 1.— Degree of Rebekah. To confer the Degree of Rebek'ah on properly qualified applicants for membership. Clause ^.—Election and appointment of officers. Ta elect and appoint its own officers, in the manner prescribed by the Grand Lodge and by its own By-Laws. Service in office in a Subordinate Lodge shall not be a qualification for office in a Rebekah Lodge, and a past officer in a Subordinate Lodge shall not be entitiled, by reason thereof, to any special privilege in a Rebekah Lodge, other than wearing the collar of the highest rank attained. Clause 3. — Fees and Dues. To fix and establish initiation fees and dues, to be paid at such time and in such manner as the Constitution or By-Laws may provide. Clause 4. — Disbursements. To pay and disburse from the funds of the Lodge, from time to time, as a majority of the members present shall, by vote, determine, for any of the de- clared purposes of this degree. Clause 5. — By-Laws. To establish such By-Laws not incon- sistent herewith, or with the rules, usages and general regula- tions of the Order, as they may deem proper, subject, however, .to the approval of the Grand Lodge. Clause a— Charg-es and trials. To try charges preferred against members for the violation of the Constitution and By- Laws of the Lodge, or the general rules, regulations and usages of the Order. ARTICLE in. Section 1.— Membership. The persons herein specified shall be eligible to membership in this Lodge : CONSTITUTION OF REBEKAH LODGES. 725 1. All persons who have received the Degree of Rebekah. 2. All Odd Fellows in good standing and their wives. 3. All unmarried white women who have attained the age of eighteen years, who believe in a Supreme, Intelligent Creator and Ruler of the Universe, and who are of good moral . Full Name of Sisters. No. 1 1 No. 2 NoTC— Alwajrt write the given name of Bisters, and not that of their husbands. Write name in ftill— as '* Sarah Jane Smith," not " 8. J. Smith." 48 754 FORMS. STATISTICS. Number of Brothers relieved . " " Sisters relieved ., " " Widows relieved. '* " Orphans relieved. " " Brothers buried . , " " Sisters buried.. . . Amount Paid for Relief of Brothers $ •' " '• " Sisters " " '• " " Widowed Families " »« «< Burying Dead •• " " Education of Orphans Total Amount of Relief $ Amount Paid Orphans' Home Amount of Current Expenses Total Expenses $ Number of Brothers Number of Sisters Total Number of Members . . . Average Expense per Member FINANCIAL STATEMENT. Amount of Money in Treasury — General Fund . . Contingent Fund Widows' and Orphans' Fund Amount of Money Loaned and in Bank Value of Hall Stock Value of Real Estate Value of Furniture ... Value of Regalia Value of Other Investments Total Assets $ In testimony of the foregoing report being correct in all its parts, we have hereunto set our hands and the seal of our Lodge, this day of 189.. Noble Grand. [ SEAL.] Vice-Grand. Attest: Recording Secretary. We, the Finance Committee of Rebekah Lodge, No . . . , having had the foregoing report under consideration, have carefully examined the same, and find it correct. Finance Committee. FORMS. 755 Form No. 10. CHARTER OF SUBORDINATE LODGE. Friendship, Love and Truth. INDEPENDENT ORDER OF ODD FELLOWS, GRAND LODGE OF THE STATE OF CALIFORNIA. To all to whom these presents niay come : Greeting. Know Ye, That the Grand Lodge of the Independent Order of Odd Fellows of California, reposing especial trust and confidence in the following named Brethren of the Order County of in the State of California, doth hereby grant this Charter to said Brothers and their successors to establish a Lodge at the above mentioned place for the encouragement and support of Brothers of said Order, when on travel or otherwise, to be hailed by the title of And the said Lodge, No being duly formed and constituted, is hereby authorized and empowered to initiate and confer the several degrees according to the Constitution and Laws as established by this Grand Lodge, upon such as are duly proposed and lawfully qualified to receive the same, and to ad- minister to true Brothers all the privileges and benefits arising from the Order; and is hereby authorized to enact By-Laws for its own government, the said By-Laws to be approved by this Grand Lodge and made in conformity to the Constitution and Laws of this Grand Lodge and the Sovereign Grand Lodge of the I. O. O. F. And the said Lodge doth solemnly promise to act according to the laws of the Order, and in obedience to the commands and ordinances of this Grand Lodge. In default thereof this Charter may be suspended or taken away at the pleasure of the Grand Lodge. In Witness Whereof, We have hereunto subscribed our names and aflSxed the Seal of the Grand Lodge of the Independent Order of Odd Fellows of the Steteof California this day of A. D. 189 ... and the year of the Order in North America. Grand Master. [ SEAL.] Grand Secretary. Form No. 11. PETITION FOR A WARRANT FOR A SUBORDINATE LODGE. To the Grand Master, Officers and Members of the Grand Lodge of the Independent Order of Odd Fellows of the State of California : The petition of the undersigned, holding Withdrawal Cards from Lodges legally recognized by your Grand Body, respectfully represents that it would be consistent with the advantage of the Order to establish a Subordinate Lodge, to be located at , in the County of State of California. 756 FORMS. I Wherefore your petitioners pray that a warrant may duly issue in pursu- ance of the laws of your Grand Body, to be known and hailed as Lodge, No , of the Independent Order of Odd Fellows. Dated at this day of , 189 NAME AND NUMBER OF LODGE. DIRECTIONS AND INSTRUCTIONS REGARDING THE INSTI- TUTION OF NEW LODGES. First. — Where there is no Lodge established, secure the assent of five or more brothers of the Order, who have attained the Third Degree, holding Withdrawal Cards less than one year old, and having obtained that number, others who hold cards out of date, or Dismissal Certificates, may become petitioners; and where there is a Lodge already established, secure the assent of seven or more brothers of the Order holding Withdrawal Cards less than one year old, etc. Second.— Having secured the assent, as above, write to the Grand Secre- tary for a blank form of petition to organize a new Lodge, which petition must be signed by the petitioners. Third.— Obtain the recommendation or consent of three-fourths of the Lodges in the county in which the new Lodge will be located, without which no dispensation or charter will be issued. Fourth. — Have three Past Grands, in good standing, examine the hall in which the new Lodge proposes to meet, and give certificate, certifying that such hall is a safe and suitable one in which to hold the meetings and do the work of a Lodge of Odd Fellows. Fifth. — Transmit to the Grand Secretary all the papers mentioned in Clauses 2, 3 and 4; also all the cards of the petitioners, accompanied by the charter fee, which is 130.00. Sixth. — Upon receipt of the foregoing by the Grand Secretary, and upon the approval of the Grand Master— (should the Grand Lodge be in session, the petition, etc., will be submitted directly to that body, and if approved)— a dispensation or charter will be issued, empowering the institu- tion of the Lodge. Seventh. —The Grand Master, or some qualified brother duly commis- sioned by him, will institute the Lodge on the date fixed upon by the peti- tioners. None but those petitioners who are present at the institution can become charter members. Eighth. — Lodges take precedence in numbers, as they are instituted. Ninth.— A suitable appropriation should be made by the new Lodge to defray the actual expenses of the instituting officer. FORMS. iOi Texth — The miuimnm fees for admissiou have been fixed by the Consti- tution of Subordinate Lodges, and are as follow?: For admission by Initiation §10 00 For admission by deposit of Card 5 00 For admission as an Ancient Odd Fellow 8 00 For admission by deposit of Dismissal Certificate 10 00 For each Degree 5 00 For dues, not less than 12^ cents per week. It is recommended, though, that a uniform admission fee for charter members be fixed at the preliminary meetings of the charter members. Eleventh. — New Lodges are entitled to receive two Rituals, one Digest of the Laws of the Grand Lodge, and bound Journals of the Proceedings of the Grand Lodge free of charge. Other appropriate supplies may be procured of the Grand Secretary, as follows: One Question Book, one Degree Chart, Ode Cards, one Members' Register (Constitution Book), one Visitors' Register, one Roll of OflBcers, one Record Book, one Ledger, one Secretary's Cash Book, one Treasurer's Cash Book, one book of Warrants on Treasurer, one book of Official Certificates (receipts for diies, etc.), one Treasurer's Receipt Book (receipts of the evening). Blank Applications for Membership, Letter Heads, Notices and other supplies, and Seal (seal should be procured imme- diately after the institution of the Lodge), all orders for which must be ac- companied by the cash, in accordance with the resolution of the Grand Lodge. A price-list of Supplies will be sent with the blank petition. Form No. 12. WARRANT OR DISPENSATION FOR SUBORDINATE LODGE. INDEPENDENT ORDER OF ODD FELLOWS. To all ichorn it may concern : We, Grand Master of the Grand Lodge of the Independent Order of Odd Fellows of the State of California. Fbiendship, Love and Truth. Knovn Yt, That by virtue of the powers in us vested, we do hereby authorize and empower our trusty and well-beloved Brethren and their successors duly and legally elected to constitute a Lodge in the and State of California; to be known and hailed by the title of Lodge, No And xDt do further authorize and empower our said trusty and well-beloved Brethren, and their successors, to admit and make Odd Fellows according to the ancient usages and custom of the Order, and not contrariwise; with fnll power and authority to hear and determine all and singular matters and things relating to the Order within the jurisdiction of the said Lodge, accord- ing to the rules and regulations of the Grand Lodge of the State of California. 758 FORMS. Provided, always, that the said above-named Brethren, and their succes- sors, pay due respect to the Grand Lodge of the Independent Order of Odd Fellows of the State of California, and the ordinances thereof, otherwise this Dispensation to be of no force or effect; and provided, also, that this Dispen- sation shall be approved by the said Grand Lodge at the next meeting thereof. Given under our hand and the seal of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, at the city of in the State of California, this day of Anno Domini one thousand eight hundred and , and of our Order the Grand Master. [ SEAL.] Grand Secretary. Form No. 13. COMMISSION TO ORGANIZE A NEW LODGE. To our Worthy Brother , Greeting : Eeposing special confidence in your zeal and ability, I, Grand Master of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, do, by virtue of the j)Ower and authority in me vested, hereby authorize and empower you to call to your assistance, a sufficient number of known, approved and duly qualified Brothers in the of County of and State of California, to open and constitute a New Lodge to be held there, and to proceed to the installation of such worthy members as shall be elected officers of the New Lodge there to be established and constituted, to be hailed and known by the title of , according to the most ancient and honorable custom of the Order, and not contrariwise, and make report to me of your proceedings; also report to the Grand Secretary, a list of the officers installed, date of organizing, night of meeting, and a full list of all charter members. This Dispensation to remain in full force for three months, from the date hereof, and no longer. Given under my hand and seal of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, this day of A. D. eighteen hundred and and of our Order, the [ SEAL.] Grand Master. Form No. 14. DISPENSATION TO CONTINUE TVORK TVHBRE CHARTER HAS BEEN DESTROYED. I Grand Master of the Grand Lodge of the Independent Order of Odd Fellows of the State of California. To the Noble Grand, Officers and Brothers of Lodge, No...., I. 0.0. F. held at in the County of State of California. FORMS. 759 Thesk Presents, in Friendship, Love and Truth, Come Greeting : Whereas, It has been represented to me that the Charter of your Lodge has been destroyed and sufficient proof has been given that there is no illegal concealment nor willful destruction of the same. Now, Therefore, By virtue of the power and authority in me vested, I do hereby authorize and empower and request you, the present and succeeding oflficers and members of the said Lodge, No , to continue your labors in the same full and complete manner to all intents and purposes as you could or might legally have done if your said Lodge Charter had not been destroyed, and was still in existence agreeably to all the usages, rules and regulations of Odd Fellowship, and especially to those of our Grand Lodge of the Independent Order of Odd Fellows of the State of California, and not contrariwise. This Dvipensatio7i to continue in force until the next Annual Communica- tion of our said Grand Lodge, and until its pleasure in the premises shall have been made known to you. Given under my hand and the seal of said Grand Lodge, at the City of State of California, this day of 189 . . Grand Master. [ seal.] Attest : Grand Secretary. Form No. 15. CHARTER OF REBEKAH LODGE. Friendship, Love and Truth. INDEPENDENT ORDER OF ODD FELLOWS, GRAND LODGE OF THE STATE OF CALIFORNIA. To all to whom these presents may come, Ureeting: Know Ye, That the Grand Lodge of the Independent Order of Odd Fellows of the State of California, reposing especial trust and confidence in the following named Brothers and Sisters of the Degree of Rebekah * County of in the State of California, doth hereby grant this Charter to said Brothers and Sisters and their successors, to establish a Kebekah Lodge at the above mentioned place for the encourage- ment and support of the Brothers and Sisters of the said Degree, when on travel or otherwise, to be hailed by the title of And the said Rebekah Lodge, No being duly formed and constituted, is hereby authorized and empowered to confer the Degree of Rebekah accord- ing to the Constitution and Laws as established by this Grand Lodge, upon 8uch as are duly and lawfully qualified to receive the same, and to administer to true Brothers and Sisters all the privileges and benefits arising therefrom, and is hereby authorized to enact By-Laws for its own government, said By- 760 FORMS. Laws to be approved by this Grand Lodge and made in conformity to the Constitution and Laws of this Grand Lodge and the Sovereign Grand Lodge of the I. O. O. F. And the said Rebekah Lodge doth solemnly promise to act according to the laws of the Order, and in obedience to the commands and ordinances of this Grand Lodge. In default thereof this Charter may be suspended or taken away at the pleasure of the Grand Lodge. In Witness Whereof, We have hereunto subscribed our names and affixed the Seal of the Grand Lodge of the Independent Order of Odd Fellows of the State of California this day of A. D. 18 , and the year of the Order in North America. Grand Master. [ SEAL.] Grand Secretary. Note.— In addition to the signatures of the Grand Master and Grand Secretary thereto, the Charter may also be signed by the President and Secretary oi the Rebekah Assembly, I. O. O. F., of California. ( See Article XIV, Constitution of said Rebekah Assembly. ) Form No. 16. PETITION FOR A VT ARRANT FOR A REBEKAH LODGE. To the Grand Master, Officers and Members of the Grand Lodge of the Indepen- dent Order of Odd Fellows, of the State of California: Sirs and Brothers: The petition of the undersigned members in good standing in the Subordinate Lodge named opposite their respective signa- tures, in possession of the Degree of Eebekah; and of sisters also in posses- sion of said degree, respectfully represent: That it would be consistent with the advantage of the Order to establish a Rebekah Lodge, io be located at the town of , in the County of , State of California. Wherefore, your petitioners pray that a warrant may duly issue, in pur- suance of the laws of your Grand Body, for the institution of a Eebekah Lodge, to be known and hailed as Rebekah Lodge, No , of the Independent Order of Odd Fellows. Dated at DIRECTIONS AND INSTRUCTIONS REGARDING THE INSTI- TUTION OF REBEKAH LODGES. First. — Secure the assent of, at least, five members in possession of the Degree of Rebekah, irrespective of sex, to the organization of a Rebekah Lodge. Second.— Having secured the assent, as above, write to the Grand Secre- tary for a blank form of "Petition for a warrant for a Rebekah Lodge ; " on receiving which, have it signed by the petitioners with their full names, care being taken that the sisters sign with their own given names as ''Mrs. Jane Smith " NOT " Mrs. John Smith." FORMS. 761 Third. — Obtain the consent of three-fourths of the Rebekah Lodges in the county -where the proposed Lodge is to be located; provided there are four or more in the county. Without such consent, no dispensation or char- ter will be issued^ Fourth.— Present the petition to the President of the Eebekah Assem- bly, I. O. O. F, of California, who will present the same to the Grand Master with her recommendation relative thereto. Fifth.— Transmit the charter fee, which is $10.00, to the Grand Secre- tary of the Grand Lodge, I. O. O. F. of the State of California. Sixth. — Upon the approval of the Grand Master — (should the Grand Lodge be in session, the petition will be submitted directly to that body, and if approved) — a dispensation or charter will be issued, empowering the insti- tution of the Lodge. Seventh.— The Grand Master, or some qualified person duly commis- sioned by him, will institute the Lodge on the date fixed upon by the petition- ers. None but those petitioners who are present at the institution are Charter Members. Eighth.— Lodges take precedence in numbers, as they are instituted. Ninth. — A suitable appropriation should be made by the new Lodge to defray the actual expenses of the instituting oflBcer. Tenth. — The minimum fees for admission have been fixed by the Consti- tntion of Rebekah Lodges, and are as follows: Admission by deposit of unexpired Withdrawal Card. .$1 00 All other admissions 1 50 It is recommended that a uniform admission fee for charter members be fixed at the preliminary meetings of the charter members. Eleventh, — New Rebekah Lodges are entitled to receive two Rituals free of charge. Other appropriate supplies may be procured of the Grand Secretary, as follows: One Seal (this should be procured immediately after institution), one Roll of Officers, one Record Book, one Ledger, one Secretary's Cash Book, one Treasurer's Cash Book, one Book of Warrants on Treasurer, one book of Official Certificates (receipts for dues, etc.), one Treasurer's Receipt Book (receipts of the evening). Blank Applications for Membership, Letter Heads, Notices, Ode Cards, etc., all orders for which must be accompanied by the cash, in accordance with the resolution of the Grand Lodge. A Price List of Supplies will be sent with the blank petition. Form No. 17. •WARRANT OR DISPENSATION FOR REBEKAH LODGE. INDEI'KNDENT ORDER OF ODD FELLOWS. To all Whom it may Concern, We , Grand Master of the Grand Lodge of the Independent Order of Odd Fellows of the State of California. Fbiendship, Love and Truth. 762 FOKMS. Know Ye, That by virtue of the powers in us vested, we do hereby au- thorize and empower our trusty and well-beloved brethren and sisters , and their successors duly and legally elected to constitute a Eebekah Lodgb in the and State of California, to be known and hailed by the title of . Rebekah Lodge, No And we do further Authorize and Empower our said trusty and well- beloved brethren and sisters, and their successors, to admit and confer the Drgree of Rebekah on all qualified applicants, according to the ancient usages and custom of the Order, and not contrariwise; with full power and authority to hear and determine all and singiilar matters and things relating to the Order within the jurisdiction of the said Lodge, according to the rules and regulations of the Grand Lodge of the Independent Order of Odd Fel- lows of the State of California. Provided, always, that the above-named brethren and sisters, and their successors, pay due respect to the Grand Lodge of the Independent Order of Odd Fellows of the State of California, and the ordinances thereof, otherwise this dispensation to be of no force or effect; and provided, also, that this dis- pensation shall be approved by the said Grand Lodge at the next meeting thereof. (riven under our hand and Seal of said Grand Lodge, at the City of , in the State of California, this day of , Anno Domini one thousand eight hundred and , and of our Order the [seal.] Grand Master. Grand Secretary. Form No. 18. "WARRANT FOR CONSOLIDATING LODGES. To all lohom it may concern : We, Grand Master of the Grand Lodge of the Inde- pendent Order of Odd Fellows, of the State of California. Fbiendship, Love and Truth. Know Ye, That petitions having been received from Lodge, No .. I. O. O. F., and Lodge, No I. O. O. F., respectively, wherein petitioners ask that said Lodges become consolidated into Lodge, No I. O. O. F., located at the , County , State of California, and thereafter to be known as Lodge, No. . . . I. 0.0. F. And that on due proof that each and all of said Lodges petitioning as aforesaid, had carried the question of such consolidation by the necessary two-thirds vote, as required by the Constitution of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, we do, by virtue of the power in us vested, hereby grant this warrant, consolidating said Lodges into said Lodge, No I. 0.0. F., located at the FORMS. 763 , County of , State of California, and to be thereafter governed by such laws, rules and regulations as in said Grand Lodge Con- stitution are made and provided. In Witness Whereof, We have hei*eunto subscribed our names and affixed the seal of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, this day of , A. D , and of our Order, the Grand Master. [ SEAL.] Grand Secretary. (1896 Journal, 393, 593, 635.) Form No. 19. ACTIONS BY LODGES ON CONSOLIDATION. Hall of Lodge, No. . . , I. O. O. F. 189.. To the Officers and Members of Lodge, No...., I.O.O.F. Dear Sirs and Brothers: We, your committee appointed to consider the advisability of consolidating this Lodge with and into . . Lodge, Ko , I. O. O. F., beg leave to submit the following: Resolved, That this Lodge consolidate with and into Lodge, No , I.O.O.F., as beneficial members, in accordance with the requirements of Article IX, Section 6, Constitution of Grand Lodge, I. O. O. F. of the State of California. Resolved, That the above resolution be read at each regular meeting of this Lodge for one month from the day of 189. . , and that final action on the same shall take place on the evening of , 189. . Committee. We Hereby Certify, That the above resolutions, having been read the requisite number of times as called for in same, were adopted this the day of , 189. . You are respectfully requested to issue a Warrant for said consolidation, to take effect on the day of , 189 . . [SEAL.] Noble Grand. Recording Secretary. Form No. 20. ACTIONS BY LODGES ON CONSOLIDATION. Hall OF Lodge, No... I. O. O. F. 189.. WificnF.A8, it is understood that .• Lodge, No ,1.0. O. P., is desirous of consolidating with this Lodge, under Article IX, Section 764 FOEMS. 6, Constiliitiou of the Grand Lodge, I. O. O. F. of California, and it being evi- dent that such action is for the best interests of both Lodges, therefore, be it Resolved, That Lodge, No , I. O. O. F., be allowed to consolidate with and into this Lodge, and that this Lodge receive the mem- bers of said Lodge, No , into full membership in this Lodge in accordance with the above mentioned provision of the Constitu- tion of the Grand Lodge of this jurisdiction. Resolved, That the above resolution be read at each regular meeting of this Lodge for one month from the day of 189 . . , and that final action on the same shall take place on the evening of 189. . We Her^y Certify, That the above resolutions, having been read the requisite number of times as called for in same, were adopted this the day of 189 . You are respectfully requested to issue a warrant for said consolidation, the same to take place on the day of 189. . [seal.] Noble Grand. Recording Secretary. Form No. 21. CERTIFICATE TO MEMBER OF LODGE THAT HAS SUR- RENDERED ITS CHARTER. Friendship, Love and Truth— Independent Order of Odd Fellows. This Certifies, That our well beloved brother , whose signature, written by himself, is properly situated on the margin hereof, was a member of Lodge, No. . . .1. O. O. F., and has paid all demands againpt him to 189. . ., the day of the surrender of the charter of said Lodge to the Grand Lodge, I. O. O. F, of the State of California, and is under no charge whatever. He is therefore recommended to your friend- ship and protection and admission into any regular Lodge of Odd Fellows to which he may apply within one year from the date of the surrender of said charter. This Certificate is granted by the Grand Master and Grand Secre- tary of the Grand Lodge, I. O. O. F. of the State of California, by virtue of the authority in them vested. In Witness Wliereof, We have hereunto set our hands and affixed the Seal of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, this day of , one thousand eight hundred and Grand Master. [ SEAL.] . . . .• Grand Secretary. FORMS. 765 Form No. 22. COMMISSION OF DISTRICT DEPUTY GRAND MASTER FOR SUBORDINATE LODGES. INDEPENDENT ORDER OF ODD FELLOWS. To all Whom it may Concern, We , Grand Master of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, to our well-beloved brother Past Grand and to all whom it may concern: Friendship, Love and Truth, Enow le, That reposing special confidence in your knowledge and dis- cretion, we do, by virtue of the power and authority in us vested, hereby appoint and commission you, the said , our District Deputy for District No . . . . , comprising Lodges Nos State of California, to be entitled * District Deputy Grand Master of the Independent Order of Odd Fellows of the State of California, And as our deputy, you are empowered and directed to act as the Special Agent of the Grand Lodge of California, in relation to the matters specified in Section the Seventh, Article Fourth, of the Grand Lodge Constitution. You are to have general supervision over all Subordinate and Degree Lodges in your district, which work under charters granted or sanctioned by the Grand Lodge of California. This dispensation shall go into effect from the day of the date hereof, and remain in full force for and during the period of one year, unless sooner revoked by the Grand Master. In Testimony Whereof, we have hereunto set our hands and affixed the seal of the Grand Lodge, this day of , one thousand eight hundred and . . . Grand Master. .Grand Secretary. Form No. 23. COMMISSION OF DISTRICT DEPUTY FOR REBEKAH LODGES. INDEPENDENT ORDER OF ODD FELLOWS. To all Whom it may Concern, We, , Grand Master of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, to our well-beloved sister Past Noble Grand, And to all whom it may concern : Friendship, Lov« and Truth. 766 FORMS. Know Ye, That reposing special confidence in your knowledge and dis- cretion, we do, by virtue of the power and authority in us vested, hereby appoint and commission you, the said , our District Deputy for Eebekah District No , comprising Rebekah Lodges Nos of the State of California, to be hailed and entitled District Deputy Grand Master of the Independent Order of Odd Fellows of the State of California, And as our deputy, you are empowered and directed to act as the Special Agent of the Grand Lodge of California, in relation to the matters specified in Section the Seventh of Article Fourth, of the Grand Lodge Constitution. You are to have general supervision over all Rebekah Lodges in your District which work under charters granted or sanctioned by the Grand Lodge of California. This dispensation shall go into effect from the day of the date hereof, and remain in full force for and during the period of one year, unless sooner revoked by the Grand Master. In Testimony Whereof, We have hereunto set our hands and afl&xed the Seal of the Grand Lodge, this day of . , one thousand eight hundred and Grand Master. [ seal.] Attest : Grand Secretary. Form No. 24. DISPENSATION PROM DISTRICT DEPUTY GRAND MASTER. Office of the 1 District Deputy Grand Master of the Grand Lodge, I. O. O. F., v OF THE State of California. ) 189.. District No To the Noble Grand, Vice-Grand, Officers and Brothers of Lodge, No.... I. 0. 0. F. In compliance with the request for a dispensation contained in a commu- nication from your Lodge, dated the day of 189. . . Now, therefore, I District Deputy Grand Master, for District No. . . . of the jurisdiction of the Grand Lodge, I. O. O. F., of the State of California, do, by virtue of the power and authority in me vested, hereby authorize and empower you to In Witness WJiereof, I have hereunto set my hand this day of 18.... District Deputy Grand Master. FORMS. 767 Form No. 25. CERTIFICATE FOR DISTRICT DEPUTY GRAND MASTER TO OBTAIN PASSWORDS. To the Grand Secretary of the Grand Lodge, I. 0.0. F. of the State of California: 189 We hereby certify that Past Grand a member of Lodge, No , I. O. O. F,, and holding the oflBce of District Deputy Grand Master for District No under the jurisdiction of the Grand Lodge, I. O. O.F., of the State of California, is entitled to receive the Password for the term commencing 189, . . [seal] Noble Grand. Recording Secretary . Form No. 26, CERTIFICATE OR APPLICATION FOR ADMISSION TO ODD FELLO-WS' HOME. Hall of Lodge, No I. O. O. F. 189.. To the Board of Trustees of the Odd Fellows' Home of California: This Certifies, That is, and for the live years next preceding this date has been a member of this Lodge in good standing; that he was admitted to this Lodge on the day of 189. ., by and ranks as a member of the .... Degree, and according to our register is now years of age. He is, by reason of the intirmities of age, unable to earn a livelihood, and is in indigent circum- stances and is not in receipt of a pension or other revenue, or entitled to a residence in a "Soldiers" or "Sailors" Home, and without the necessary means of support. He is not now sick, or entitled to attentive or pecuniary benetits, nor has he been for the six months last past. He is able to, and now does attend to his personal needs, and agrees to care for his room, and do such other work in and about "The Home," as his health and physical con- dition may permit, and as may be deemed beneficial to him, under medical guidance and direction. The applicant will present himself before a Committee of Investigation^ appointed by the Board if so desired. He will upon arrival at "The Home," submit himself to the Resident Physician for examination as to his mental and physical condition, and upon the Report of said Resident Physician, approved by the Board of Trustees, it is agreed his residence in "The Home," shall depend. Compliance with the rules of " The Home," being the general condition of permanent residence. If dismissed from "The Home" for cause, this Lodge agrees to take charge of the applicant at "The Home," and assume payment of the transportation charges t herefrom . 768 FORMS. We therefore request that he be admitted as an Aged and Indigent Odd Fellow, as a resident of the Odd Fellows' Home of California, and certify that as a condition of such admission he has waived all claims for sick or funeral benetits while he remains such inmate. Our Lodge agrees, in case of death, and his burial at "The Home," to pay to the Home Fund the funeral expen- ses (not less than $50.00). Witness our hands, and the seal of the Lodge, the dayandj'ear first above written. [SEAL.] Noble Grand. Attest : Recording Secretary. I Agree to the foregoing and promise to conform to the same. Applicant. Form No. 27. MEDICAL CERTIFICATE FOR ADMISSION TO ODD FELLOV7S' HOME. 1 . Name of applicant Age Years. 2. Is applicant blind ? 3. Has applicant had any disease of the brain or of the nervous centers? If so, give particulars 4. Are there any signs of apoplexy, epilepsy, insanity, or other nervous affections, or of predisposition to them ? 5. Or of paralysis, gout, dropsy, aneurism, rupture, tumor, scrofula, phthisis or disease of the kidneys ? 6. Are there any effects of chronic disease or mechanical injury, or of ulcers, varicose veins, or any other forms of disease requiring special medical treatment or the services of a constant attendant?. . . Remarks The examination as above was made by me this day of 189 . M.D. Have practiced years; now practicing at Attest : : Noble Grand [ SEAL.] Secretary. Lodge, No At ' FORMS. 769 Form No. 28. APPLICATION FOR ADMISSION TO THE I. O. O. F. ORPHANS' HOME. Vo. Applicant No. Admission I. O. O. F. Orphans' Home of California. Date of Admission | Date of Leaving Inmate Term Application of Of I Made by : Dated Date and place of birth Age I Sex Condition Has applicant been vaccinated ? | Is the applicant in good health ? Paternal Relations : Father'8 full name Date and place of birth Came to California j Occupation If deceased, date and place of death If living, place of residence Name, number and location of I, O. O. F. Lodge Name, number and location of Rebekah Lodge What estate to which applicant is heir What Life Insurance Father's Brothers Father's Sisters Maternal Relations : Mother— Date and place of birth Name before marriage Age Came to California If deceased, date and place of death " If living, place of residence Name, number and location of Rebekah Lodge Brothers and Sisters Estate of which applicant is heir Marriage : Father and Mother married at Date By Present residence of person officiating. Marriage certificate— where recorded I Hereby Certify, That the statement contained in the above answers to questions are true, to the best of my knowledge and belief. Signed.. Date ( If auytbiiiK ia promised In the way of support of the child, the following blauk will be filled and signed.) 49 770 FORMS. I do Hereby Promise and agree to pay to the I. O. O. F. Orphans' Home, the sum of Dollars, per payable for and in consideration of the support and maintenance of the applicant for admission herein. Signed Relation Memoranda. ( Here record all souvenirs, heir-looms, mementoes, or articles of any kind that are placed in keeping of the Home for the child.) g^" In filling up the blanks within, it is intended to preserve from ob- livion such facts of family history as will be of interest to the child when it arrives at maturity. £^" It is desired that all facts ascertainable will be written down plainly and as fully as the blanks will admit. g^" Applications which exhibit carelessness or negligence of the informa- tion sought to be obtained, will be returned for amendment before the applicant is accepted. g^" In answering questions concerning the estate to which applicant may be a possible heir, special inquiry should be instituted. This is due to the child, and is recognized as a solemn duty of guardianship. ^^ Orphans and half orphans are admitted, but none over sixteen years of age. Form No. 28a, CERTIFICATE OP DECEASED FATHER'S STANDING. Hall of Lodge, No ', I. 0.0. F, Cal 189.. To the Board of Trustees, I. 0.0. F. Orphans' Home o/ California: This is to Certify, That deceased father of who seek, .admission into the I.O. O. F. Orphans' Home of California, was at the time of his decease, 189. . . , a member in good standing of Lodge, No...., I.O.O. F., located at [seal.] Attest: , Noble Grand. Secretary. Form No. 28b. CERTIFICATE OF DECEASED MOTHER'S STANDING. Hall of Rebeelah Lodge, No. . . , I.O.O. F, Cal 189.. To the Board of Trustees, I.O.O. F. Orphans' Home of California: This is to Certify, That deceased mother of who seek, .admission into the I. O. O. F. Orphans' Home of California, was at FORMS. 771 the time of her decease 189. . ., a member in good standing of Kebekah Lodge, No , I. O. O. F., located at [SEAL.] Attest: Noble Grand. Secretary. Form No. 29. CERTIFICATE OF LIFE MEMBERSHIP IN ODD PELLO"WS' HOME. Odd Fellows' Home of California: This Certifies that Lodge, No , I. O. O. F., has paid the sum of One Thousand Dollars for a Lite Membership in said Home, and in consideration thereof is entitled to board, lodging and care thereat, as an inmate thereof, during life, subject only to conformity with the rules and regulations established for the government of said Home. Granted by order of the Board of Trustees, this day of , 189. . ^ President. Secretary. Form No. 30. CERTIFICATE OF PAST GRAND. Lodge, No . . . , I. O. O. F. To the Grand Lodge, f.O.O.F. of the State of California: This IS to Certify, That Brother Past Grand is a contributing member in good standing of Lodge, No . , . , and is entitled to admission into the Grand Lodge, I. O. O. F. of the State of California. We therefore respectfully request that he be acknowledged accordingly. In Witness Whereof, we have hereunto set our hands and afl&xed the seal of our Lodge, this day of , 189.. Noble Grand. Attest: Recording Secretary. Form No, 31. CERTIFICATE OF REPRESENTATIVES. To the Grand Lodge, I. 0.0. F. of the State of California: This Certifies, that Past Grands have been duly elected Bepreaentatives of Lodge, No. . . ., 772 FORMS. I. O. 0. F., to the Grand Lodge, I. O. O. F. of the State of California, for the period of one year from , 189 . . In Testimony Whereof, we affix our signatures and the seal of said Lodge, this day of , 189.. [SEAL.] Attest: Noble Grand. Recording Secretary. Form No. 32. CERTIFICATE TO CONFER THE DEGREES. Lodge, No , I. O. O. F. To Lodge, No , 1. 0. 0. F., or to the Degree Master, Officers and Members of Degree Lodge, No , I. 0. 0. F. SiBg AND Brothers— This is to certify that, at a regular meeting of this Lodge, held the above date, our worthy Brother applied for and duly elected to receive the Degrees in Odd Fellowship. You are hereby authorized and requested to confer the same on said brother. Yours in F., L. and T., Noble Grand. [seal.] Recording Secretary. Form No. 33. CERTIFICATE OF STANDING AND GRADE IN A LODGE (For application to an Encampment or to Bebekah Lodge.) To all Whom it may Concern-. This Certifies, That Brother is a member of the Degree of Truth in good standing in Lodge, No , under the jurisdic- tion of the Grand Lodge, I. O. O. F., of the State of California. WUness the seal of our Lodge, this day of , 189 . . . [ SEAL.] Recording Secretary Form No. 34. ORDER FOR THE SEMI-ANNUAL PASSWORD. , Cal, 189.... To the Noble Grand of any Lodge of the Independent Order of Odd Felloics in the State of California: This is to Certify, That the bearer. Brother has paid all demands against him in Lodge, No , I. O. O. F., up to the day of 189 .. . , and is entitled to the FORMS. 773 Semi- Annual Password for the term commencing on the first day of 189 , which 3'ou will please communicate to him after due examination, whereupon you will retain or destroy this letter. Yours in F., L. and T., Noble Grand. [ SEAL.] Attest : Secretary. Form No. 35. ORDER FOR ANNUAL TRAVELING PASSWORD, If a brother applying for a visiting or final card be absent from the location of his Lodge, so that he cannot obtain the Annual Traveling Pass- word wfth his card in person, it is the duty of the proper officers, upon granting such card, to transmit the same to the brother; and also send there- with a letter in the following form, to-wit : Lodge, No , I. O. O. F., of State of California, this day of 189 . . To the Noble Orand of any Lodge of the Independent Order of Odd Fellows : The bearer. Brother , holding a legal card from this Lodge, dated this day of , 189. . ., for the period of months, is entitled to the Annual Traveling Password for the current year, which please communicate to him after due examina- tion; whereupon you will retain or destroy this letter. Noble Grand. Attest : Secretary. Note. — Should the letter be sent in another year subsequent to the year in which the card is issued, as, for instance, when the card is dated in De- cember of one year, and th§ letter dated in January of the ensuing year; or in the case of issuing a duplicate card in the place of the one lost, then the words "current year " in the letter should be omitted, and the words year in tohich the card is dated, or the words that year, should be inserted. The Sov- ereign Grand Lodge decided "that the Annual Traveling Password required of a brother to prove himself in possession of, when he offers to visit a Sub- ordinate Lodge on a Visiting or unexpired Withdrawal Card, or is an appli- cant for membership therein by deposit of a proper card, is the Annual Traveling Password for the year in which the card was issued and bears date.— (See 1866-1868-1890 Sovereign Grand Lodge Journal, 3876, 3953, 3987, 4240, 4374, 4404, 4414, 4430, 11898, 12217, 12281.) Care should be taken in writing the order or letter in all cases, so that the brother to whom it is sent should receive the proper Annual Traveling Password. A brother who pays the dues and charges against him in advance and obtains an official certificate (official receipt for dues), prescribed by the Sovereign Grand Lodge, has the same right to the Annual Traveling Password, or an order (or the same, as the grantee or holder of a Visiting Card. In such cases of official certificates the above order for the Annual Traveling Pass- word should be used with the words "legal card " erased, and the words "official certificate" inserted in lieu thereof. 774 FORMS. Form No. 36. ORDER FOR THE SEMI-ANNUAL PASSWORD FOR REBEKAH LODGES. To Vie Noble Grand of any Rehekah Lodge of the Independent Order of Odd Fellows of the State of California. This is to Certify, That the bearer , has paid all demands against in the . Eebekah Lodge, No , I. O. O. F. of the State of California, up to day of 189 . . , and is entitled to the Semi-Annual Password for Rebekah Lodges, for the term commencing on the first day of 189. , ., which you will please communicate to after due examination, whereupon you will retain or destroy this letter. Noble Grand. [ SEAL.] Attest : Secretary. Form No. 37. ORDER FOR ANNUAL PASSWORD USED AS A TRAVELING PASSWORD. If a brother or sister applying to his or her Rebekah Lodge for a Visiting or Final Card be absent from the location of the Rebekah Lodge, so that he or she cannot obtain the Annual Password with his or her card in person, it is the duty of the proper officers, upon granting such card, to transmit the same to the brother or sister; and also send a letter therewith in the following form, to-wit: , Cal., 189... Rebekah Lodge, No , L O. O. F., State of California. This day of 189... To the Noble Grand of any Rebekah Lodge of the Independent Order of Odd Fellows. The bearer holding a legal card from this Lodge, dated this day of 189 ... for the period of months, is entitled to the Annual Password for the current year, which please communicate to h... after due examination; whereupon you will retain or destroy this letter. Noble Grand. [ SEAL.] Attest : Secretary. Form No. 38. CIRCULAR AUTHORIZING APPLICATIONS FOR PECUNIARY ASSISTANCE. Independent Order of Odd Fellows' Circular. Wliereas, Lodge, No J. O. O. F., of the State (or Territory) of is under the necessity of appealing to FORMS. 775 the sister Lodges for peonniary aid, in consequence of the Grand Lodge of recommends to her Subordinate Lodges to contribute to the aid of said Lodge. Grand Master. [ SKAL.] Grand Secretary. — 1846 S. G. L. Journal, 860, 906. Form No. 39. PROPOSITION FOR MEMBERSHIP IN SUBORDINATE LODGE. Lodge, No , I. O . O. F. Cal., 189. . . To the Ojfficei-s and Mmnhern of Lodge, No I. O. 0, F., working under the Jurisdiction of the Grand Lodge of the Independent Order of Odd Felloxjos of the State of California'. Entertaining a favorable opinion of your benevolent Order, I respectfully request admission into your Lodge, by and, in consideration of such admission, 1 promise and agree that, if elected, I will conform to the Constitution and By-Laws of your Lodge, and those of the Grand Lodge of California; that I will seek my remedy for all rights on account of said mem- bership, or connection therewith, in the tribunals of the Order only, without resorting for their enforcement in any event or for any purpose to the civil courts. My age is My residence is My occupation is My place of business is I was born in My health is good. Full name of applicant. Witness Recommended by Refers to Committee of Investigation. Form No. 40. REPORT OF INVESTIGATING COMMITTEE. (on hack of form 39.) To the Offiara and Members of Lodge, No , I.O. 0. F.: The undersigned, the committee appointed on the within application, having made the necessary and proper investigation, respectfully report thereon: favorably | favorably V Committee. favorably ) , Cal 189.... 776 FORMS. Form No. 41, PHYSICIAN'S CERTIFICATE OP EXAMINATION OP CANDI- DATE POR MEMBERSHIP. The Grand Lodge has prescribed the following form thereof. It is not compulsory upon Lodges to require a certificate, but this form must be used if any: Physiciaa's Certificate of Ezaminatioii of Candidates for Membership. (Physician to write in answers.) What is your name ? What is your present health ? Has change of climate ever been sought for the benefit of your health? Have you ever been confined to the house by sickness or any physical injury? If so, when and for what period of time ? Are your parents living? If dead, at what age did they die and what was the cause of their death? Has any member of your family, or any near relative, ever had disease of lungs, heart, or brain, or any hereditary disease ? Do you use alcoholic stimulants ? If so, to what extent ? ^. . Do you use opium? Do you know of anything, either in your business or personal habits, that would tend to impair your health ? , Signature: physician's certificate. I hereby certify that I have this day examined Mr and that I find him in every respect physically sound, with no indications of ever having had any serious disease, nor any predisposition to disease, except M.D. —1888 Journal, 1119, 1152; 1889 Journal, 34, 122, 163. A Subordinate Lodge may add to the form prescribed by the Grand Lodge any questions which it may deem advisable in regard to the physical condition of the applicant. — 1895 Journal, 185, 228, 54. Form No. 42, PROPOSITION POR MEMBERSHIP IN REBEKAH LODGE. Cal., 189 . To the Officers and Members of. Rehekah Lodge, No , 1.0.0. F. Working under the Jurisdiction of the Grand Lodge of the Independent Order of Odd Fellows of the State of California: Entertaining a favorable opinion of your benevolent Order, I respect- fully request admission into your Lodge, by and, in consider- ation of such admission, I promise and agree that, if elected, I will conform FORMS. 777 to the Constitution and By-Laws of your Lodge and those of the Grand Lodge of California; that I will seek my remedy for all rights on account of said membership, or connection therewith, in the tribunals of the Order only, without resorting for their enforcement in any event or for any purpose, to the civil courts. My age is years. My occupation is My place of business is My residence is I was born in My health is good. Full name of applicant. Witness Recommended by . « Refers to Committee of Investigation. [Endorsed on the above proposition is the following]: Certificate of Membership in Subordinate Lodge. To aU xchom it may concern : Hall OF Lodge, No , I. 0.0. F. 189.. This Certifies, that Brother is a member in good standing in Lodge, No , I.O.O.F., under the jurisdiction of the Grand Lodge, I. O. O. F. of the State of California. Witness the seal of our Lodge, this day of , 189. . [seal.] Secretary. Form No. 43. REPORT OP INVESTIGATING COMMITTEE. (On back of Form No. 42.) To the Officers and Members of Behekah Lodge, No T.O.O.F.: The undersigned, the committee appointed on the within application, hating made the necessary and proper investigation, respectfully report thereon: favorably ) favorably i Committee. favorably ) Cal., 189.. 778 FORMS. Form No. 44. BOND FOR THE OFFICERS OF THE GRAND LODGE. Know ail )?ien by these preserUs : That we as principal, and and as sureties, are held and firmly bound unto and Trustees of the Grand Lodge of the Independent Order of Odd Fellows of the State of California, or their successors in oflfice, in the sum of dollars, in United States gold coin, for which payment well and truly to be made we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated this day of 189 ... Whekbas, The above bounden was on the day of 189. . ., elected to the ofl&ce of of the Grand Lodge of the Independent Order of Odd Fellows of the State of California. Now, Therefore, The condition of this obligation is such that if the'said shall well and truly discharge and perform the duties of of said Grand Lodge of the Independent Order of Odd Fellows of the State of California for and during his official term, and until his successor is elected and qualified, and shall at the expiration of his term pf office surrender and deliver tip all books, papers, money and property received by him under or by virtue of any order or resolution or law of said Grand Lodge, and all books, papers, money and property of said Grand Lodge to his successor in office, or to such other person or persons as such Grand Lodge shall direct, according to the provisions of the Constitution, By-Laws, Eules, Regulations, Resolutions or orders of said Grand Lodge, now existing or which may hereafter be adopted by said Grand Lodge, and shall keep true and just accounts of all moneys and property that he may receive as such and shall exhibit and submit to said Grand Lodge, or to the persons by said Grand Lodge thereunto appointed, his said accounts and the vouchers therefor, whenever thereto requested, then this obligation to be void, otherwise to remain in full force and virtue. Witness : [ SEAL.] > [ SEAL.] [ SEAL.] State of California, \ County of J **• and the sureties whose names are subscribed to the above undertaking, being severally duly sworn, each for himself says: That he is a resident and holder within the said County, State of California, and is worth the sum in the said under- taking specified as the penalty thereof, over and above all his just debts and liabilities, exclusive of property exempt from execution. Subscribed and sworn to before me this day of 189. —1884 Journal, 49, 101, 107. FORMS. ^ 779 Form No. 45. BOND OP TRUSTEES OF SUBORDINATE LODGE. Knoic all men by these presents: That we, as principal, and and as sureties, all of , County of , California, are held and firmly bound unto , Noble Grand, and , Vice- Grand, of Lodge, No of the Independent Order of Odd Fellows of the State of California, or their successors in ofl&ce, in the sum of dollars, in United Slates gold coin, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated this day of , 189.. Whereas, the above bounden was, on the day of 189. . , elected to the office of Trustee of Lodge, No , of the Independent Order of Odd Fellows of the State of Cali- fornia, for the term commencing on the day of , 189. . A'ioto, therefore, the condition of this obligation is such that if the said shall well and truly discharge and perform the duties of Trustee of said Lodge, No , for and during his official term and until his successor is elected and qualified, aud shall, at the expira- tion of his term of office, surrender and deliver up all books, papers, money and property received by him under or by virtue of any order or resolution or law of said Lodge, and all books, papers, money and property of said Lodge, to his successor in office, or to such other person or persons as such Lodge shall direct, according to the provisions of the Constitution, By-Laws, rules, regulations, resolutions, orders or votes of said Lodge, now existing, or which may hereafter be adopted by said Lodge, and shall keep true and jost accounts of all money and property that he may receive as such Trustee, and shall exhibit and submit to said Lodge, or to the persons by said Lodge thereunto appointed, his said accounts and the vouchers therefor, whenever thereto requested, then this obligation to be vdid, otherwise to remain in full force and virtue. WUness: [seal.] [seal.] *. [seal.] (Each Trustee mast file a separate bond, with two sureties.) Form No. 4«. BOND OF TREASURER OF SUBORDINATE LODGE. Knoit all men by these presents: That we, as principal, and and as snreties, all of , County of , California, are held and firmly boand unto and Trustees of Lodge, No , of the Independent Order of Odd Fellows of the State of 780 FORMS. California, or their successors in ofl&ce, in the sum of dollars, in United States gold coin, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, tirmly by these presents. Dated this day of , 189. . Whereas, the above bounden was, on the day of , 189. . , elected to the ofl&ce of Treasurer of Lodge, No of the Independent Order of Odd Fellows of the State of California, for the term commencing on the day of , 189 . . ^010, therefore, the condition of this obligation is such, that if the said shall well and truly discharge and perform the duties of Treasurer of said Lodge, No , for and during his oflficial term, and until his successor is elected and qualified, and shall, at the expiration of his term of oflfice, surrender and deliver up all books, papers, money and prop- erty received by him under or by virtue of any order or resolution or law of said Lodge, and all books, papers, money and property of said Lodge to his successor in oflfice, or to such other person or persons as such Lodge shall direct, according to the provisions of the Constitution, By-Laws, rules, regu- lations, resolutions, orders or votes of said Lodge, now existing, or which may hereafter be adopted by said Lodge, and shall keep true and just accounts of all moneys and property that he may receive as such Treasurer, and shall exhibit and submit to said Lodge, or to the persons by said Lodge thereunto appointed, his said accounts and the vouchers therefor, whenever thereto requested, then this obligation to be void, otherwise to remain in full force and virtue. Witness: , c. . . . . [seal.] [seal.] [seal.] Form No. 47. CHARGES. To Lodge, No 1.0.0. F. The undersigned, a member of Lodge, No I. O. O. F., under the jurisdiction of the Grand Lodge of the State of California, I. O. O. F., hereby charges a member of Lodge, No with having been guilty of as more fully appears by the following specifications. First : So far as the charges are concerned, members, by consulting Article VIII of the Constitution of Subordinates, will find a general designation of oflFenses against the Order, any one or more of which may be inserted in the blank, or the general charge of " conduct unbecoming an Odd Fellow," as the case may be. Under the head of "Specifications " there should be a full statement of the oflfense, time, place and circumstances of each alleged oflFense— if more than one— separately. —1870 Journal, 232, 235, 251. FORMS. 781 Form No. 48. SUMMONS. Lodge, No 1.0.0. F. 189.... lo Sir and Brother: — You are hereby notified that on the day of A. D. 189. . . , Charges and Specifications— of which a certified copy, under the Seal of the Lodge, is herewith served on you — were preferred against you and filed in said Lodge, and were referred for trial to the undersigned committee. You are hereby summoned to appear before said committee, at on the day of A. D. 189... at.... o'clock . .M. of that day, to make answer to said charges and proceed with the trial thereof. In default of which you will be reported to said Lodge as being guilty of contempt thereof. Committee. —1870 Journal, 232, 251. Piling of Summons. (On back of Form No. 48). To Filed this day of A. D. 189 .. . Secretary of Committee Form No. 49. Certificate of Service of Summons. (On back of Form No. 48.) Lodge, No L 0. O. F 189. . . I hereby certify that on the day of A. D. 189. . . ., at the State of California, served the within Summons, also the Charges and Specifications referred to therein, by delivering to and leaving with said the accused, a copy of said Summons, attached to a copy of the Charges and Specifications against him, certified under the Seal of the Lodge. Member of said Lodge. Form No. 50. Admission of Service of Summons. (On back of Form No. 48.) 189.... I hereby admit due service of the within Summons, also of a duly certi- fied copy, under the Seal of the Lodge, of the Charges and Specifications referred to herein, this day of 189 .. . 782 FORMS. Form No. 51. SUBPCENA. Lodge, No , I. O. O. F. 189 To You are hereby notified and required to appear before the committee heretofore appointed to try the charges preferred by Brother against Brother \ at on the day of , A. D. 189. ., at o'clock m. of that day, to testify as a witness therein on behalf of said By order of the Committee. , Secretary of Committee. —1870 Journal, 233, 251, Form No. 52. Certificate of Service of Subpoena. (On back of Form No. 51.) Lodge, No . . . ., I. O. O. F. 189.... I hereby certify that on the day of , A. D. 189 .... I served the within subpoena on by delivering to and leaving with him a copy thereof, in the County of Member of said Lodge. Form No. 53. Acceptance of Service of Subpoena, (On back of Form No. 51.) I hereby accept service of within Subpoena at. this day of , A. D. 189.... Form No. 54. REPORT OP TRIAL COMMITTEE. To Lodge, No I. 0. 0. F.: Your Committee heretofore appointed to try the charges preferred against by Brother , report that the accompanying documents contain the proceedings of, and the evidence taken before, said Committee. FORMS. 783 That from all that appeared to said Committee in said case, they find Brother }• Committee. -1870 Jonmal, 234, 251. Form No. 55, NOTICE OP FILING REPORT OP TRIAL COMMITTEE. LoDOK, No...., I. O. O. F. To. Sir axd Brother — Take notice that the Committee heretofore appointed to try the charges preferred against you by Brother have this day filed their report herein. You have two weeks from the date of receiving this notice within which to file your exceptions thereto. Yours, in F., L. & T., Eecording Secretary. — 1870 Journal, 234, 251. Form No. 66. Certificate of Service of Notice. (On back of Form No. 55.) Lodge, No , I. O. O. F. 189.... I hereby certify that I served the within notice on by delivering to and leaving with him a copy thereof, this day of , A. D. 189 . . , at the place aforesaid. Recording Secretary. Form No. 57. BILL OP EXCEPTIONS. To Lodge, No I.O. 0. F. 189.... The undersigned hereby presents the following Bill of Exceptions to the report of the committee, heretofore made herein, relative to the charges pre- ferred against him by Brother ; also to the proceedings of and the testimony taken before said committee; also to the actions and proceed- ings of said Lodge relative to said charges. 784 FORMS. First.— Said charges and specifications are insufficient to show the com- mission of the offense charged by the accused herein; in this Second. — The evidence is insufficient to sustain said charges, or the report of the committee herein, in this Third. — The following errors were committed by the committee in the course of the trial (1870 Journal, 234, 251.) Form No. 68. NOTICE or APPEAL. To Lodge, No ,1.0. 0. F. Take notice that the undersigned hereby appeals from the action and judgment of this Lodge in the matter of charges preferred against him by Brother on the following grounds Yours in F., L. and T., Dated 18.... (1870 Journal, 234, 109, 128, 251.) 5^ 1 Form No. 59. VISITING CARD. INDEPENDENT OKDEE OF ODD FELLOWS. To all whom it may concern : This certifies, that , who has attained the Degree, and whose name is written on the margin of this card, in his own proper handwriting, is a member in good standing of , No , held in and working under a charter duly granted by authority of the Grand. , ; that the Constitution and By-Laws of our allow for weekly benefits the sum of dollars per week, and for funeral benefits the sum of dollars; and that Brother is entitled to the said benefits from the date of this card and until the expiration of the same. We, therefore, recommend him to your friendship and pro- tection, and admission into all regular of Odd Fellows for the space of from this date and no longer. In witness whereof, we have subscribed our names and affixed the seal of our this day of , in the year of our Lord, one .thousand eight hundred and C Seal of 1 . .... rPriuted Seal of Sovereign"! Lodge. J L Graud Lodge, I. O. O. F. J Friendship, Love, Truth. FORMS. 785 The foregoing card has endorsed thereon: Brother cannot obtain another card from this until this is returned to the Brother , the holder of this card, has visited as follows: Date. Lodge or Eucanipmeut. No. City or Town. State. Signature of Secretary or Scribe. .,189. .,189. .,189. This card is issued by , No , which allows benefits as follows: For the first week's sickness, dollars; for weeks there- after dollars and cares for its members by * at t dollars per night. Secretary. * " Nurse or apitointment." t If by " nurse," state amount. Form No. 60. WITHDRAWAL CARD. INDEPENDENT ORDER OF ODD FELLOWS. [Printed seal of Sovereign"! Grand Lodge, I.O.O.F J ^5 J To all whom it may concern: This certifies, that our well beloved brother who has attained the Degree, and whose signature, written by himself, is properly situated on the margin of this Card, was regularly admitted a member of our by ..on the day of 189... and has paid all demands against him up to this date, and is under no charge whatever. We therefore recommend him to your friendship and protection and admission into any regular : of Odd Fellows to which he may apply, within one year from the date hereof. This Card is granted by No , duly instituted at on the day of... 189. . ., by authority of the Grand of the of which was In Witness Whertof, We subscribe hereto our hands and a£Bx the Seal of our this day of in the year of our Lord one thousand eight hundred and {SEAL OF \ LODGE. / I. O. O. F.— Friendship, Lovb and Teuth. 50 786 FORMS. Form No. 61. REBEKAH VISITING CARD. Friendship, Love and Truth. INDEPENDENT OKDER OF ODD FELLOWS. To all whom it may concern : A This certifies, that our well-beloved whose name is written on the margin of this card in h . . own proper hand- writing, is a member in good standing of Rebekah Lodge, No , I. O. O. F., located at and working under a charter duly granted by the Grand Lodge of We therefore recommend h. . to your friendship and protection, and admission into any regular Rebekah Lodge to which may apply within from this date, and no longer. In witness whereof we have subscribed our names and affixed the seal of our Lodge this day of in the year one thousand eight hundred and ninety ("Seal of ( Noble Grand, i Printed seal of Sov--} LLodge J Secretary. Lereign Grand Lodge J (On the foregoing Card is endorsed:) The holder of this Card, as named within, cannot obtain another Card from this Rebekah Lodge until this is returned to the Secretary. The holder of this Card has \isited as follows: Date. Rebekah Lodge. No. City or Town. State. ^Sec?etary^^ .,189. ..189. f Form No. 62. REBEKAH WITHDRA"WAL CARD. Friendship, Love and Truth. INDEPENDENT ORDER OF ODD FELLOWS. To all whom it may concern: This certifies, that our well-beloved , whose name is written on the margin of this card in h . . . own proper hand- writing, was regularly admitted a member of our Lodge by on the day of , 189 . . , and has paid all demands against h up to this date, and is under no charge whatever. We, therefore, recommend h to your friendship and protec- tion, and admission into any regular Rebekah Lodge of the Independent Order of Odd Fellows, to which may apply, within one year from the date hereof. This card is granted by Rebekah Lodge, No , which was duly instituted at , on the day of , 189 . . , by authority of the Grand Lodge of FORMS. 787 In iciiness whereof, we subscribe hereto our hands and affix the seal of our Lodge, this day of , in the year one thousand eight hundred and ninety rSeal of 1 Noble Grand. L '"^^'-^ Secretary. L Printed Seal of Sovereign"! Grand Lodge, I. O. O. F. J NT I Form No. 63. DISMISSAL CERTIFICATE. INDEPENDENT ORDER OF ODD FELLOWS. To all whom it may concern — Fraternally greeting: ' This certifies, that was admitted to membership in , No , at , in the jurisdiction of , on the day of ,189.., and by , and that he retained his membership in said until the day of 189 . . , when he was suspended for non-payment of dues, and he is entirely dismissed from membership in said He had attained the Degree. In witneas whereof, we have hereunto subscribed our names and affixed the seal of the this day of , A.D. 189.. &3 [Printed Seal of Sovereign! fSeal of "] Grand Lodge, I. O. U. F. J L Lodge. J Friendship, Love and Truth. Note.— After the name, the title Past Grand, Past Vice-Grand, or whatever office the brother may have flUed, must be added. Form No. 64. REBBKAH DISMISSAL CERTIFICATE. INDEPENDENT ORDER OF ODD FELLOWS. To all whom it may concern — Fraternally gi-eetijig: This ceriijies, that was admitted to mein- bership in Rebekah Lodge, No , at in the jurisdiction ot on the day of 189...., and by and retained h . . . membership in said Lodge until the day of 189 , when was suspended for non-payment of dues, and is entirely dismissed from mem- bership in said Lodge. In wUneM whereof, We have hereunto subscribed our names and affixed the Seal .of the said Lodge, this day of A. D. 189 ... PS rSeal of "I L Lodge.J S- Noble Grand. Secretary. rSeal of Sovereign GrandT L Lodge, I. O. O. F. J Friendship, Love and Troth. NoTK.— After the name, the title Past Noble Grand, Past Vice-Grand, or whatever office the brother or sitter majr have filled, must be added. 788 FORMS. Form No. 66. OFFICIAL CERTIFICATE. This certificate has endorsed on it the following: To all whom it may concern: This Certificate is the recognized evidence of good standing when the holder desires to visit, in lieu of a Visiting Card. This Certificate is univer- sal throughout all the jurisdictions on this continent, and is to be used as the only legal receipt for dues and assessments by all Lodges, Encampments and Rebekah'Lodges. The privilege of visiting in another jurisdiction will be accorded the holder of this Certificate to the date to which dues are paid, upon proving the genuineness of the signature in the margin, giving the proper password, and upon examination. Sick or funeral benefits or pecu- niaryjaid are not authorized by this Certificate. Baltimore, Maryland. Official J. Frank Grant, Grand Secretary. INDEX. ABSENCE: Section. Visiting Card does not involve leave of absence 724 Secretary should not note brother present who enters after roll-call 1931 Absent Past Grand cannot vote by proxy, 2062 Duty of brothers when out of their own jurisdiction 2422 Members absent from Lodge, and fines therefor 1187 Absent at nomination or election. See Officers. Of officers. See Officers. Of officers elect at installation. See Installation. Of installing officer. See Installation. Who to act in absence of officers. See Officers. When offices and honors not forfeited by. See Degrees. When offices and honors forfeited by. See Degrees. As to Past Grand's degree. See Degrees. Hemoval of officers for. See Officers. As to vote of absent Representatives. See Ballot and Voting. Charges against absent brother. See Trials. Absence of the accused or accuser. See Trials. Absence of the accused. See Contempt. Assessments on absent brothers. See Assessments. Fines of officers for absence. See Fines. Absence of Junior Past Grand. See Junior Past Grand; Fines. Excuses of officers for absence. See Fines, Absence of members from funeral. See Fines. Absence of members from Funeral Committee, See Fines. Absence from Relief Committee. See Sunday. As to sending order for password to absent brothers. See Password. As to cards to absent brothers. See Cards, Of officers and initiation. See Initiation; Officers. Absence of member of Trial Committee or counsel. See Trials. Absence of officers and Lodge meetings, or business. See Officers. ABSTRACT QUESTIONS: See Questions. ACCEPTANCE OP SERVICE OP DOCUMENTS: See Trials, ACCLAMATION : See Ballot and Voting; Officers. ACCOUNTS: When Lodge may donate funds to settle 1231, 2455 When may use funds to compromise and settle financial questions . 1230 Brothers able to settle accounts, etc., and benefits 451 Of moneys paid to Grand Secretary, duty of Lodge 2459, 2460 792 INDEX. ACCOUNTS— Continued. Section. Of supplies and property received from Grand Sec, duty of Lodge. 2460 Lodge must keep an account of all moneys sent to Grand Lodge 1936 As to Grand Secretary. See Grand Secretary, under head of Officers. As to Grand Treasurer. See Grand Treas., under head of OfiBcers. As to book-keeping. See Book-keeping. ACCUSED: See Trials; Contempt. ACCUSER: See Trials. ACQUITAL: As to charges. See Trials. , As to appeals. See Appeals. ADDRESSING THE CHAIRS: Grand Officers should address the chairs as other members. Note to 1338^ Officers elect retire for examination at installation, address the chairs 1381 When entering for installation, do not 1381 Installing officers should be addressed by their proper title 1394 D. D. G. M. should be addressed as District Deputy Grand Master 1394 D. D. G. M. with his officers must when entering address the chairs 1783 Noble Grand may, if he choose, arise to acknowledge brothers 1898 Brothers on entering may wait for others 1899 In such cases, they together address 1899 Whether brothers may thus wait is in discretion of presiding officer 1899 There must be reasonable dispatch in addressing 1899 When Lodge closed in one and not opened in another degree 1901 Officers retiring for initiation should address 1900 Officers retiring for degrees should address 1900 No law compelling N. G. or V. G. to arise in addressing brothers. . 1902 Matter of courtesy and custom , 1902 Lodge recommended to observe it 1902 When Right Supporter in chair, how addressed 1907 In such case, how Noble Grand addressed 1907 Degree team should address on entering and retiring 989 ADJOURNMENT: A Lodge must close in form 1 A Lodge cannot adjourn over for two weeks 2 Motion to adjourn sine die 3 A Lodge cannot hold adjourned meetings Note to 3 Motion to adjourn to another day or time Note to 3 Motion to adjourn always in order 4 ADMINISTRATOR : See Executors and Administrators; Benefits. INDEX. 793 ADMISSION TO ONE'S OWN LODGE: Section. Brother's right until he ceases membership 5 During reading of the minutes 6 A brother under reprimand 7 An initiatory member's right 8 A suspended brother who has appealed 9 A member under charges 10 During election of officers or representatives. 11 ADxMISSION OP VISITORS : See Visitors and Visiting. ADMISSION TO MEMBERSHIP IN SUBORDINATE LODGE: See Membership. ADMISSION TO REBEKAH LODGE: See Kebekah Branch. ADMISSION TO GRAND LODGE: See Grand Lodge; Ee- presentatives. ADMISSION TO DEGREE LODGE: See Degree Lodge. ADMISSION FEES: See Fees; Rebekah Branch. ADMISSION OP SERVICE OP DOCUMENTS: See Trials. ADVERTISEMENTS: See Emblem. Name, symbols, initials or emblems of Order in, prohibited 1119 ADULTERY: See Offences. AFFIDAVITS : See Trials; Benefits. AGE: When admitted by fraudulent misrepresentation of age 583 Such fraud discharges Lodge from benefits, etc 583 May be investigated after death 683 Applicant for membership must be twenty-one years of age 1423 Improper to receive petition if under 21, if to be initiated after 1440 No maximum limit of age 1441, 1575 Admission fee by card, and age 1516 Age to become non-beneficial member 1570, 1572, 1573, 1574 As to Reb^ah Lodges. See Rebekah Branch. AGED AND INDIGENT MEMBERS: See Benefits; Odd Fellows' Home. AGREEMENT: To waive benefits by applicant for membership, illegdl 330, 1507 Or agreement shall not be entitled to, illegal 331, 332 Or shall not receive them, illegal 333 794 INDEX. AGREEMENT— Confijmed. Section. As to facts by Benefit Investigating Committee 521 As to facts by counsel 521 Bargain before death to relinquish funeral benefits, illegal 550 Lodges not to enforce private contracts 868 When no actual fraud appears 868 ALBUM: May use funds to buy albums 1218 ALIAS NAME: Initiation under an assumed name 1508 Rejected applicant— wrong name — new application 1505 Fraudulently gaining admission by 1695 ALTAR SUPPORTER: See Kebekah Branch. ALTAR BEARER : See Rebekah Branch. AMENDMENTS: Grand Lodge Constitution, how amended 831 Amendments thereto 831 Must be approved by Sovereign Grand Lodge Note to 831 Or by Grand Sire in recess, etc Note to 831 Amendments, how sent to Sovereign Grand Lodge Note to 831 Must be accompanied with copy of Gr. Lodge Constitution. .Note to 831 Grand Master cannot amend Grand Lodge proceedings. . . 1746 Subordinate Lodge Constitution, how amended 835, 836 Proposed amendments shall contain what 1968 Duty of Gr. Sec. as to amendments to Constitution of Subordinates 1753 As to By-Laws of Subordinate Lodges. See By-Laws. As to ballot and voting. See Ballot and Voting. As to minutes and records. See Minutes and Records. As to charges. See Trials. As to record or transcript on appeal. See Appeals. AMUSEMENT: No public, in name of Order without permission of Grand Master.. 1010 No liquor at any entertainment given by Lodge or in name of Order.l413a As to liquors. See Liquors. As to Rebekah Lodges. See Rebekah Branch. AMERICAN : See Name of Lodge. ANCIENT ODD FELLOW: Defined 12 Holder of Dismissal Certificate is not 12 Holder of expired Withdrawal Card is , 12 One who resigns is ... . 12 INDEX. 795 ANCIENT ODD FlilLiIjOW— Continued. Section. Wheu member of defunct Lodge is Note to 12 He is not required to be reinstated Note to 12 His rank when re-admitted Note to 12 When one who has resigned must be reinitiated Note to 12 When Withdrawal Card is lost Note to 12 When he has not the Annual Traveling Password Note to 12 Holder of a Grand Lodge Card 13 Holder of expired Withdrawal Card and fee 14 How admitted— Committee— must answer certain questions 15 Must be examined as to degrees attained 15 Mast sign the Constitution and By-Laws 15 A certain By-Law not applicable 16 When Lodge may use its funds to assist to carry on business, etc. . 1250 As to funeral. See Funeral. ANNIVERSARY: April 26th, Anniversary of Order 17 When dispensation required for celebration Note to 17 When dispensation required to use regalia. .' Note to 17 No intoxicating beverages to be used Note to 17 When Grand Officers conduct the ceremonies Note to 17 Use of music and parade Note to 17 Forwhatpurposesfundsmay be expended in celebrating. Note to 17, 1259 Cannot use funds for foot races, bicycle races, candy 1219 Whdn celebration may be postponed IS As to funds. See Funds. ANNI VERS A.RY OP LODGE : See Funds; Kebekah Branch. ANNIVERSARY OF REBEKAH DEGREE: September the 20th the Anniversary 2098 Should be appropriately celebrated • 2098 September 20th, 1851, is the natal day 2098 ANNUAL COMMUNICATIONS: Where and wheu held 19 To change place must amend Constitution Note to 19 S. G. Lodge cannot grant permit to meet in another place. ..Note to 19 The Grand Sire cannot change the date Note to 19 When Grand Lodge will not accept invitations for social festivities 20 As to special sessions. See Special Sessions. As to annual sessions of Rebekah Assembly. See Bebekah Branch. ANNUAL PASSWORD: See Rebekah Branch. ANNUAL REPORTS AND RETURNS: See Reports and Returns. 796 INDEX. ANNUAL SESSIONS: See Annual Communications. Section. ANNUAL TRAVELING PASSWORD: See Passwords. ANTE-ROOM: Member cannot vote from ante-room 314 To take part in business must be in Lodge-room proper 314 Charter may be hung in 781 Officer of Lodge and roll call .1184, 1183 In ante-room after Lodge opens is not being in Lodge-room 1 184 Spirituous and malt liquors excluded from 142 Warden should go into, at opening and take up S. A. P. W 2035 As to other matters. See Fines; Liquors; Password; Charter. APPEALS : page. 1. Committee on Appeals and its Powers and Duties 796 2. Transcript or Record on Appeal 796 3. Appellate Jurisdiction— Right, Time and Manner of Appeal 797 4. Eules of Decision and Other Matters 798 5. Appeals by a Lodge or General Relief Committee from a Lodge's Action 800 6. Appeals to the Sovereign Grand Lodge 800 7. Rebekah Lodges and Assembly. See Rebekah Branch. 1. Committee on Appeals and its Powers and Duties. It is a Regular Committee of Grand Lodge 21 Appointed from the members present 21 How appointed, number of members and duties . 22 Duty in case papers defective or certain errors 23 To render decisions on or before April 15th, each year 24 Appeals after close of riscal year ■ 25 Order in which chairman and members to render decisions 26 Counsel of party not to act on committee 27 Duties of Grand Secretary — papers defective — certain errors 23 Duty of Grand Secretary as to certain decisions 24 Duty of Gr. Sec. to deliver appeals to chairman of committee, etc.. 26 2. Transcript or Record on Appeal. Recording Secretary must transmit it forthwith 28 Must be transmitted within four weeks 29 Transcript to be delivered to chairman of committee by Gr. Sec — 29 When papers defective 29 Must be in English language 30 Must be printed or type-written 31 Right to inspect and take copies of records, papers and proceed'gs. 32, 33 Lodge to furnish facilities for such inspection : . . 32 Copies to be certified under seal if required 32, 33 Lodge not bound to make out and furnish certain copies 34 INDEX. 797 APP'EIAIjS— Continued. Section. Lodge canuot refuse an appeal 3i> Lodge cannot refuse to transmit transcript 35 Lodge cannot refuse copies appellant deems necessary 35 Must send transcript if notice of appeal filed 36 What copies should be transmitted 37, 38 Lodge should send copies only 39 Appeals are tried by the certified record ' 40 When record may be corrected 40 When Lodge or committee fail to enter adverse rulings . 41 Appellant must take proper steps to correct the record 42 Presumption that all papers have been transmitted -43 Secretary no right to add a voluntary statement to record 44 Transcript only sent in case of appeal 45 Must show at what time action complained of was taken 46 As to Rebekah Lodges. See Rebekah Branch; Eeb. L, Constitution. 3. Appellate Jurisdiction— Rig^ht, Time and Manner of Appeal. In matter of charges appeals must be taken within two weeks 47 May be taken from Lodge's action, refusal or neglect 48 Time of appeal 48, 51 Must be taken within time 49 In case of death, who may be substituted 50 In benefit investigations, time of appeal 51 Must be taken within time 51, 62, 63, 64 In what matters a widow may appeal 52 When persons, not members, may appeal 53 Appeal in case of refusal to appoint Benefit Investigating Committee 54 Appeal is a matter of right 55 An appeal cannot be ignored or refused 56 Grand Master has no jurisdiction in matter of charges 57 D. D. G. M. has no jurisdiction in matter of charges 58 Appeals in trial cases are to Grand Lodge. . , 59 D. D. G. M. no jurisdiction in benefit investigations /. . 60 Decisions on points of order and District Deputy Grand Master 61 Appeal must be taken in time 62, 52 If appeal be not taken in time, the right of appeal is gone 62 Time elapses, right of appeal cannot be revived 63 Appeals not taken in time, dismissed ^ 64 Must be from judgment or final disposition on charges 65 No appeal on incidental questions 66 ^nst be from judgment or final disposition in benefit investigations 67 Itefnsal to dismiss charges, no appeal 68 Expelled for contempt, may appeal 69 When there must be an actual case under the By-Laws to appeal. . . 70 Appeal in case of ceasing membership 71 When no right to appeal— refusing to reinstate 72 798 mDEX. A'PP'EAIjS— Continued. Section. Dues aud assessments paid during expulsion and appeal 73 Refusing to appoint Investigating Committee as to benefits, appeal 74 Refusing to appoint Investigating Committee as to relief, appeal. .. 74 When accuser no right to appeal 75, 76 Accuser no right to appeal as to facts 77 Accuser may appeal on questions of law 78 Appeals, how taken 79 Appeals to Grand Lodge unless otherwise provided 80 Grounds of appeal must be stated 81 Form of notice of appeal 82 Object of notice of appeal 83 Voluminous and argumentative notices of appeals condemned 83 Should be entered in full in the minutes 84 Appeals from District Deputy Grand Masters 85 Where records destroyed 86 When member not the accuser or accused has no right to appeal . .87, S8 Appeals from Rebekah Lodges. See Rebekah Branch. Appeals from Kebekah Assembly. See Rebekah Branch and Re- bekah Assembly Constitution. 4. Rules of Decision and Other Matters. Appellant must show affirmatively Lodge has erred 89 Burden of proof is on appellant 89 Presumption in favor of Lodge's action 89 In favor of the justice aud legality of its proceedings 89 When judgment will not be sustained 90 When judgment reversed, Lodge may order new trial 91 Presumption in favor of Lodge's acts 92 Presumption in favor of a committee's acts 93 Onimportant errors 94 What is not expected of Trial Committees 95 A harmless error or irregularity 96 Errors which do not render the trial in any degree unfair 97 Upon memorials, Grand Lodge does not review Lodge's actions .... 98 The same in regard to petitions and ex-parte statements 98 Acts of Lodge disturbed only on appeal 99 When appeal not taken in due course of law 100 Judgment of Lodge final unless appealed from 101 Ex-parte communications are not appeals 102 Statements without appeal returned 103 Ex-parte statement will not be considered 104 Grand Lodge cannot decide on ex-parte statements 105 Course required to authorize Grand Lodge to review Lodge's acts as to benefits 106 Grand Lodge will not act on petition in case of benefits 107 Objects of Sec. 5, Art. IV, Subordinate Lodge Constitution. 108 Grand Lodge will not act on petition from expelled brother 109 INDEX. 799 APPEALS— Continued. Section. Course required to have Grand Lodge review Lodge's action as to funeral benefits 1 10 Objections and exceptions must be made and reserved Ill Absence of the accused and objection and exceptions 112 When the accuser consents to dismissal 113 When evidence for the prosecution is excluded 1 14 Conflict of evidence, judgment not disturbed 115 Conflict of evidence, action or decision is final 116 To disturb the judgment there must be an entire want of evidence. 117 To disturb judgment, must be obvious insuflSciency of evidence 118 Lodge has discretionary judgment as to facts 119 The Lodge is the judge of the facts 120 Policy of our laws is not to disturb judgment unless the evidence be palpably insufficient 121 Lodge and Trial Committee best judges witness' credibility 122 The Trial Committee are the best judges of facts 123 The Trial Committee best judges of testimony 124 The Lodge is best able to decide the fact of physical disability 125 Where it is a mere issue of fact 126 Acquittal is final as to facts 127 When an expelled Past Grand cannot be admitted to Grand Lodge.. 128 A brother not a Past Grand cannot represent a Lodge is case of appeal 129 What is evidence before Grand Lodge on an appeal 130 A brother may read portion of evidence from transcript while arguing 130 Where charges defective in name of accuser 131 Name of accuser cannot be withheld 132 Where Trial Committee appointed by Noble Grand and no exception 133 Where Lodge desires to allow further testimony 134 Right to cross examine witnesses 1 35 Where the accused is refused time to obtain a witness 136 Appeals dismissed or withdrawn at request of appellant 137 Appeals on trivial questions disapproved 138 Appeal does not operate as a stay except in certain cases 139 Cases in which an appeal operates as a stay 139 Appeal by suspended member does not restore him to the privileges of his Lodge 139 On appeal, benefits limited to the period claimed 140 Where continuance refused and no exception 141 Continuance is in discretion of Trial Committee 142 Where no action on report of Trial Committee 143 Where reprimand received and appeal . 144, 145 Where no appeal taken, judgment final 146 Where no appeal from Grand Lodge, judgment is final 147 Where member of Trial Committee disqualified 148 As to decisioufl on appeal from Rebekah Lodges. See Reb. Branch. 800 INDEX. APPEALS— Continued. * Section. 5. Appeals by a Lodge or General Relief Committee from a Lodge's Action. A Lodge may appeal from another Lodge's action 149 Appeal must be taken within twelve weeks 150 Manner of taking such appeals— duties of appellant and appellee. . . 151 When action of Lodge final 152 General Relief Committee may appeal from Lodge's action, 153 In case of exparte statements and no appeal 154 In case of petition or communication and no appeal 155 Memorial or petition after time for appeal has elapsed 156 Duty of Grand Lodge 157 Disputes and differences between Lodges and no appeal 158 6. Appeals to Sovereign Grand Lodge. Appeals to Sovereign Gr. Lodge, how regulated and efifect thereof.. 159 Pending such appeal , . .Note to 159 Appeal by Subordinate Lodge Note to 159 Appeal by member of Grand Lodge Note to 159 Grand Lodge decision final and conclusive till reversed. .. , Note to 159 When Lodge appealing must surrender its effects Note to 159 All effects of every kind must be surrendered > Note to 159 , Available and unavailable funds must be relinquished Note to 159 A Grand Master cannot grant an appeal from Grand Lodge . .Note to 159 Appeal papers printed and furnished by appellants Note to 159 How appeal papers must be printed Note to 159 Appellant must furnish 250 copies of appeal papers Note to 159 When record must be sent Note to 159 How briefs printed Note to 159 Certified copy of certain Constitutions and By-Laws to accompany appeal papers ^ Note to 159 Facts, how settled and certified 160 When decision on appeal becomes res ad judicata 161 When decision may be set aside for gross fraud and mistake 161 Grand Master cannot grant stay of proceedings 2437, 2438 Grand Master cannot suspend judgment , 2438 Grand Lodge may grant stay of proceedings 2441 Gxand Master cannot grant stay on appeal to Sov. Grand Lodge. . . 2441 As to stay of proceeding See Stay of Proceedings. Appeals — Grand Lodge — Rebekah Assembly. See Rebekah Branch. APPEAL COMMITTEE OP GRAND LODGE: See .Appeals. APPLICATIONS: For membership in Subordinate Lodge. See Membership. For membership in Rebekah Lodges. See Rebekah Branch. For cards and certificates. See Cards and Certificates. INDEX. 801 APPLICATIONS— (-oHf//nte J. Section . For charter. See Charters. For aid or relief to Lodges. See Assistance to Lodges. For degrees. See Degrees. .\s to ballot and voting. See Ballot and Voting. APPOINTED OFFICERS: Of Grand Lodge. See Oflficers of Grand Lodge. Of Subordinate Lodge. See OflBcers of Subordinate Lodge. Of Degree Lodge. See Degree Lodge. Of Rebekah Lodge and A^ssembly. See Rebekah Branch. Fines for absence of. See Fines. Installation of. See Installation. APPROPRIATION: For what purposes Lodge may appropriate its funds. See Funds. For what purposes it may not appropriate its funds. See Funds. Appropriations of funds by Rebekah Lodge. See Rebekah Branch. Appropriations of funds by Grand Lodge. See Finance and Finance Committees. ARM : See Membership; OflSoers. ARMY: A sick brother in military service entitled to benefits 394 ARREARS: Lodge may donate to members in arrears 1225 Brothers in arrears may prefer charges 2494 Notice of, need not be under seal 2408 Printed notices of arrearages. See Supplies. Payments, how applied. See Dues, Assessments and Fines. As to dues. See Dues. As to benefits. See Benefits. As to assessments. See Assessments. As to fines. See Fines. As to voting. See Ballot and Voting. As to password. See Passwords. As to attentive benefits. See Benefits; Nurses and Watchers. As to penalties. See Trials: ASSAULT: See Oflfenses; Trials. ASSESSMENTS: page. 1. By Grand Lodge 801 2. By Subordinate Lodge 802 1. By Grand Lodgre. May levy assessments on Subordinate Lodges 162 Duty of Finance Committee 1160 How and npon what members levied 162 51 802 . INDEX. ASSESSMENTS— ConfimtecZ. Section. When payable 162 May assess to meet deficiencies and pay expenses Note to 162 May levy them to provide and maintain certain Homes 163 Homes for aged and indigent Odd Fellows and widows of members 163 Homes for orphans of deceased Odd Fellows 163 To whom payable 164 To whom remitted 164 Must be paid prior to installation 1379 Lodge must take receipt from District Deputy Grand Master for., . 1795 District Deputy Grand Master may withhold password till paid 1796 By Kebekah Assembly. See Rebekah Branch. 2. By Subordinate Lodges. Assessments for Lodge purposes 165 Must be provided for by the By-Laws 185 Must be authorized by law 166 May by its By-Laws assess for Lodge expenses. 167 May be changed by amendment of By-Laws 168 May be levied even if Lodge have money or property 169 When funds mean available resources 170 A Lodge is not compelled to mortgage or sell its property 170 May levy assessment to pay benefits or contingent expenses 170 Aj)peal from decision or action of Noble Grand 171 Appeal from levy of assessment 171 Appeal from Noble Grand to Lodge 171 Assessments on absent brothers holding Visiting Cards 172 Assessments on brother suspended for cause 173 Failure of such suspended brother to pay the same 173 Assessments during expulsion paid, no appeal in regard thereto. . . 73 Not levy to pay doctor's bill 174 Assessment to construct a road or fence 175 No funeral benefits due, no assessment 176 Donation for funeral expenses, no assessment 177 When should not be levied 178 When funeral assessments not to be made 179 When the Lodge does not attend funeral 180 Funeral assessment, when to be made 181 Delinquency and when in arrears 182 Delinquency depends on length of time and not the amount 182 When thirteen weeks in arrears 182 Cannot be added to dues or fines 183 Must be considered separately and not combined with dues 183 Payments by member, how applied 184 Funeral assessment and credit for non-attendance 185 Cannot make certain payments 186 Levy of funeral assessment after lapse of time 187 When attaches to the members 187 INDEX. 803 ASSESSMENTS-Co«anMe GB-Continued. Section. Grand Lodge may enact a uniform Constitution 650 Grand Lodge may enact general laws for government of Subordinates 6o0a Powers and duties of Committee on Laws of Subordinates 651, 651a The committee will contine their action to approval or disapproval. 652 When an amendment is not approved 653 Changing the amount of dues 654 When copy of By-Laws must be sent to Grand Secretary 655 When all the By-Laws before printing shall be submitted to Com- mittee on Laws of Subordinates 655 Proposed amendments shall be sent in duplicate ' 656 If not so sent, not to be approved 657 Proposed amendments shall be written out in full 658 Proposed amendments and copy of By-Laws must be sent 659 New By-Laws and amendments , 660 All amendments must be sent 661 Cannot be put into efifect before approval 661 Cemetery which is governed by By-Laws 662 Effect of adoption and approval of new By-Laws 663 Must be printed of uniform size 664 A copy must be furnished Grand Secretary 664 Duty of Grand Secretary 664 Notice to members of proposed amendment 665 Proposition to amend when to be acted upon 666, 667 Eenewal of amendment postponed indefinitely 668 Motion to indefinitely postpone 669 Amendments, how made 670 Proper form of amendment 671 Vote required in adopting By-Laws 672 A Lodge cannot suspend a By-Law 673 It may amend, alter or rescind, or enact others 673 By-Law cannot be suspended on motion 674 They are binding on all parties C75 The word " reasonable " and decision of presiding oflficer 676 As to appeals in regard to validity of 70 A certain By-Law concerning benefits disapproved 677 A By-Law enabling a Lodge to show preference to some over others. 677 BY-LAWS OF REBEKAH LODGES AND ASSEMBLY: See Kebekah Branch. CALIFORNIA BEAUTIFIED WORK: See Supplies. CANDIDATE: As to membership. See Membership. As to Kebekah Lodge membership. See Kebekah Branch. As to oflfice. See Officers. INDEX. 823 CANDY: Section. Lodge cannot appropriate its funds for 1219 As to special fund and funds. See Funds. CARDS AND CERTIFICATES: Forms and requisites of Withdrawal Card ... 678 Forms and requisites of Visiting Cards and OflScial Certificates 678 Must be signed by bolder 678, 683 And in presence of ofiicer commuuicatiug A.T.P.W. or A.P, W..678, 683 Withdrawal Cards, how and to whom granted 679 Majority vote grants 679 Card refused, brother may resign 079 Certificate of resignation 679 Visiting Cards, how granted 680 Duration of Visiting Cards 680 All cards issued only by Sovereign Grand Lodge 681 Rank of holder expressed on face of card 682 Highest title or rank expressed ... Note to 682 If Grand or Past Grand Representative, must be expressed . Note to 682 Secretary pro tern, signs cards Note to 683 Cards shall be withheld to be signed by holder, except 684 Order for password not to be endorsed on card - 685 Must be authenticated by Lodge seal 686 Withdrawal Cards to members of extinct Lodge 687 Grand Lodge Card and charter of Lodge not reclaimed or forfeited . 687 Certificates to members of suspended or expelled or extinct Lodge. 688 Cards to members of extinct Lodge and dues 689 Inquiry as to right of member to card 690 Blank cards not obtained without written order under seal 691 Supplies may be delivered to the accredited representatives attend- ing Grand Lodge session 691 Duplicate Card, how issued 692 Duplicate must be signed by officers serving at time of issuing it. . 693 Must be endorsed on its face duplicate 693 If Withdrawal Card lost, may obtain duplicate Note to 693 Withdrawal Card lost, may issue certificate Note to 693 Withdrawal Card and annual traveling password 694 No Withdrawal Card to brother under charges 695 Where charter member withdraws from Lodge, then joins again, and then withdraws 696 Certificate of the granting of a Withdrawal Card 697 Not obliged to grant a Withdrawal Card 698, 699 Cases in which Withdrawal Card should be granted 705 If Withdrawal Card not granted, may resign 698 When Withdrawal Card should be granted 700 When member can apply for card 701 Annual traveling password, or order for it 702 Not entitled to Withdrawal Card when grant annulled 703 824 INDEX. CARDS AND CERTIFICATES— Continued. Section. Acquittal of charges does not renew card 704 Effect of Withdrawal Card 705 Lodge may annul card 705 Brother may obtain Visiting Card and join another Lodge . .Note to 705 If he thus join another, entitled to Withdrawal Card from his former Lodge Note to 705 Upon deposit of same and paying admission fee, and signing Con- stitution, is member of this Lodge Note to 705 Vote upon annulling card 706 Application for Withdrawal Card and charges 707 May withdraw application for card 708 Mistake in granting Withdrawal Card 709 Lodge may rectify the mistake 709, 710 Withdrawal Card granted without application therefor 710 Unauthorized application for Withdrawal Card for another 711 May rectify the matter 711 When retaining card ratifies its issuance 712 Withdrawal Card granted instead of a Visiting Card 713 Taking card, membership in Lodge ceases 714 Power of Lodge to annul card within a year 714 If card annulled, he is brought back into the Lodge 714 Misconduct prior or after granting card and annulling it 715 May annul within a year 716 Expired Withdrawal Card cannot be annulled 717 Lodge may annul, but cannot reconsider or rescind granting 718 Charges preferred, card should be annulled 718 When holder becomes member of another Lodge 719 Form of Withdrawal and Visiting Cards.— (Forms Nos, 59 and 60.) 720 Form of certificate of member of extinct Lodge, — (Form No. 21) , . . 720 Cards furnished as supplies. See Supplies. When Visiting Card should be granted 721 Brothers of lower degrees than 3d entitled to Visiting Cards . Note to 721 Effect of undecided charges and Visiting Card 722 Endorsing Visiting Cards 723 Visiting Card and rights of member and officer 724 Visiting Card does not vacate office 725 Life of Visiting Card one year 726 Cannot extend time or life of Visiting Card by endorsement on it Note to 726 A new card must bo issued Note to 726 Amount of brother's beneHts endorsed on Visiting Card 727 If applicant for card absent, order for A. T. P. W. may be sent 728 Visiting Cards to be returned 729 When Visiting Cards not to be returned 729a Another Visiting Card not to be granted till former card returned.. 729 Or loss or destruction proved 729 Only certain cards and certificates to be used 730 Only cards furnished by Sovereign Grand Lodge to be used 730 INDEX. 825 CARDS AND CERTIFICATES— Con«nwed. Section. Holders of Visiting Cards not deprived of office or rights 731 Withdrawal Card does not vacate office, when 1726 Withdrawal Card less than one year old severs connection with Lodge, not Order 732 Expired Withdrawal Card is null and void 733 Expired Withdrawal Card severs connection with Lodge and Order 733 Holder of expired Withdrawal Card is beyond the Order's jurisdiction 733 Must be returned to rejected applicant for membership 734, 1500 And card should not be mutilated or endorsed, rejected 734 Where charges preferred no vote on application for Withdrawal Card 735 As to Ancient Odd Fellows. See Ancient Odd Fellows. As to Official Certificates. See Official Certificates. As to Dismissal Certificates. See Dismissal Certificates. As to Rebekah Lodges. See Rebekah Branch. CARD, ADMISSION BY: See Membership; Rebekah Branch. CARD, ADMISSION ON: See Visitors and Visiting. CASTING VOTE: See Ballot and Voting. CEASED MEMBERSHIP: See Dues; Suspension. As to Rebekah Lodges. See Rebekah Branch. CASH BOOK, SECRETARY'S: See Supplies. CELEBRATION: Permission of Grand Master required, for public one 736, 1010 No liquor at, given by Lodge or held in name of Order 1413 As to anniversary. See Anniversary. As to liquors. See Liquors. As to ball. See Ball. As to funds. See Funds. As to dispensations. See Dispensations. As to picnic, partj', entertainment. See Anniversary. As to regalia. See Anniversary; Regalia. CELEBRATION FUND: How one may be created 1245, 1246 CEMETERY: Lodge may hold and sell lots therein 737 No need for Lodge to incorporate for that purpose 737 Lodge may erect monuments, headstones, etc 738 liay maintain burial places in appropriate conditions 738 May aid in constructing a road to 739 Or a fence around the same 739 Loan of cemetery fund 740 826 INDEX. CEMBTBRY.— Continued. Section. May pay its share of indebtedness of O. F. Cemetery Association. . 741 As to Lodge funds. See Fundsj Offenses. As to lotteries. See Lottery. CENSURE: Of oflQcers clothed with discretionary power 742 CERTIFICATES: Where By-Laws require one for benefits 445, 444, 472 Such required certiticate from a doctor not conclusive 448 Physician's certificate not admissible as evidence 511 P. G.'s certificate as to hall or building on petition for charter 770 Certificate of Representative 878 Certiticate of Grand Representative 1766 Certificate of Past Grands 878 Grand Secretary must provide necessary blanks for certificates for Representatives and Past Grands 878 As to credentials for Representatives and P. G.'s. See Credentials. Form of P. G.'s certificate or credentials (Form No. 30) 884 Form of Representatives' certificate or credentials (Form No. 31) . . 883 Doctor's certificate of examination and health of applicant (Form No. 41) 1457, 1462 Form prescribed by Grand Lodge must be used, if any 1457, 1458 Prescribed Form No. 41 may be added to 1458, 1459 When such doctor's certificate may be required... .1458, 1459, 1460, 1462 Certificate of admission to Odd Fellow's Home (Form No. 26) , . 1676 Medical certificate as to applicant for admission to Home (Form No. 27) 1677 Certificate of life membership in Odd Fellows' Home (Form No. 29) 1678 Certificate for S. A. P. W. for D. D. G. M. (Form No. 25) 1787, 1785 Certificate to confer the degrees (Form No. 32), page 772. Certificate of standing and grade in Lodge (Form No. 33), page 772. Certificate of deceased father's standing for I. O. O. F, Orphans' Home (Form No. 28a) 2005 Certificate of deceased mother's standing for same (Form No. 28b) . . 2005 Certificates of service of summons (Form Nos. 49) 2570 Certificate of service of subpoena (Form No. 52) 2716 Certificate of service of notice of filing report (Form No. 56) 2754 As to official certificates. See Official Certificates. As to dismissal certificates. See Dismissal Certificates. As to certificates in lieu of cards. See Cards. CHAIRS : See Addressing the Chairs. Decoration of chairs 743 Chair of Noble Grand with scarlet 743 Chair of Vice-Grand with blue . 743 INDEX. 827 CHALLENGE: Section . As to members of Trial Committee. See Trials. As to members of Investigating Committee as to benefits. See Benefits. CHAPLAIN: Duties of Chaplain by Junior Past Grand 1189 Cannot make it obligatory on Junior Past Grand 1186 Nor fine him for non-performance 1186 Not imperative to have duties of, performed 2075 As to prayer. See Prayer. CHARACTER: Duty to defend brother's character 744 As to offenses. See Offenses. As to character of applicant for membership. See Membership. As to character of applicant for degrees. See Degrees. CHARGES : See Trials; Eebekah Branch. CHARGES AND LECTURES: When Grand Lodge Constitution conflicts with 745 Charges at initiation to be committed to memory 746 Must be committed to nlemory before installation 747 Must not be written 748 Junior Past Grand to commit charge to memory 749 Can be no initiation, when 750 As to installation. See Installation. As to offenses. See Offenses. As to the Work of the Order. See Work of the Order. As to Kebekah Lodges. See Bebekah Branch. CHARGE BOOKS: The duty of the Noble Grand 751 Custody of Kitual 752 Must not be taken from Lodge-room 753 Four charge books to each Lodge 754 Number a Lodge is entitled to 755 Old charge books returned to Grand Secretary 756 New Rituals Lodge must procure 757 Loss of charge books— Duty to prefer charges 758 Penalty to be imposed 758 Duty of sitting Past Grand to prefer charges 758 D. D. G. M. to prefer charges against sitting P. G. if he lose any. . 768 Duty of District Deputy Grand Master 759 To take receipt for charge books and forward to Grand Secretary. . 759 District Deputy Grand Master not entitled to 760 Biuding of Rituals 761 828 INDEX. CHARGE BOOK-S— Continued. Section. Loss of Ritual and installation 1375 As to Rebekah Lodges. See Sebekah Branch. Eituals. See Supplies. CHARITY: See Funds. Lodge funds may be used for 762 CHARTER OP GRAND LODGE: Copy of Charter 764 Warrant issued by Grand Sire at its institution is its Charter 765 This warrant was confirmed 765 CHARTER AND CHARTER MEMBERS: Fees for Charter 766 How applied for and granted 767 Written application of five or more Third Degree brotherd 767 Where no Lodge exists 767 Application of seven or more Third Degree brothers 767 Where a Lodge does exist 767 Expenses of installing officer 767 May erase names of certain petitioners 767 Application, to whom presented 768 Dispensation, may issue 768 May refuse charter Note to 768 Must be recommended by three-fourths of the Lodges in the county or district 769 Certificate as to a suitable hall necessary . 770 Withdrawal Card must be properly authenticated 771 Who may become charter members 772 Charter members must be present at institution 773 Those not present cannot become charter members 774 How those not present must regain membership Note to 774 One who lives nearer another Lodge already organized 775 Those initiated on evening of institution 776 Fee of charter member 777 Remission of dues illegal, when 778 Rights of members about to withdraw 779 May ascertain if the Lodge sanction their withdrawal 779 Charter may be kept in Lodge-room proper or ante-room 780, 781 Old charters should be preserved and cherished 782 Duplicate charter 783 Cannot open charter 784 When Lodge may surrender charter 785 Duty of Lodge about to surrender charter 786 Should deliver books, papers and other property to D. D. G. M..786, 787 Should also deliver up its available and unavailable funds 787 Members desiring to retain charter should appear at the meeting and state their case 788 INDEX. 829 CHARTER AND CHARTER MEMBERS-Coniiuued. Section. Charter for Degree Lodges 789 Five or more Past Grands or five or more Third Degree members must petition 789 Restoration of charter 790 Eevival of Lodge restores officers 790a Status of members on restoration of Lodge 790b Application of Mve or more 790 Charter fee on restoration 791 Failure to make annual and semi-annual returns, forfeits charter. . 792 Duty of Grand Master or District Deputy Grand Master 792 Duty of last installed officers of Lodge 792 Failure to hold meetings for six months 793 Surrender or forfeiture of charter 794 Duty of officers 794 Suspension or expulsion of Lodge 794 Effects and funds in case charter forfeited or surrendered 795 Funds and property to be delivered up to Grand Lodge, or its offi- cers or agents ' 796 Form of charter (Form No. 10) 797 Form of warrant or dispensation (Form No. 12) 798 Commission to organize new Lodge (Form No. 13), page 758. Dispensation to continue work (Form No. 14), page 758. Petition for a warrant for a Subordinate Lodge and instructions in regard thereto (Form No. 11), page 755. As to name of Lodge. See Name of Lodge. As to number of Lodge. See Number of Lodge. As to Bebekah Lodge. See Rebekah Branch. See also Subordinate Lodge. CHILDREN: As to orphans. See Orphans. As to L O. O. F. Orphans' Home. See Orphans' Home. As to offenses against. See Offenses. As to Rebekah Lodges. See Rebekah Branch. CHINESE: Not eligible to membership 1437 CHURCH: Attending ohnrch in regalia, (a) page 518 2097 As to fanerals. See Funerals. OIOAR8: Smoking in Lodge-room prohibited 2424 Cannot use funds for 1241 May nse special fund for 1241 CIPHER: See Telegraph Cipher and Key. 830 INDE . CIRCULARS : Section. Grand Secretary to issue, to Subordinate Lodges, representatives and officers 1752 CITIZEN: As to membership. See Membership . CIVIL OFFICER: Should not be compelled to neglect his duties to attend Lodge duties 799 As to iines. See Fines. As to funerals. See Funeral. CLAIMS: , Indebtedness due a brother and dues and arrears. See Dues; Benefits, Claims for benefits. See Benefits. Claims of executors and administrators. See Benefits. Claims of one Lodge upon another for nurse hire. See Nurses and Watchers. Claims of Relief Committees and Lodge upon Lodges. See Belief Committees and Relief. As to appeals by Lodge or Belief Committee from a Lodge's action. See Appeals, CLOSING LODGE: Though motion to adjourn adopted, Lodge must be closed in form 1,3, 4 In case of public installation 1376 In case no quorum 2094 As to adjournment. See Adjournment. As to funeral. See Funeral. COLLATION: See Funds; Banquet; Supper; Anniversary. COMMISSION. To organize new Lodge (Form No. 13), page 758. Of District Deputy Grand Master (Forms Nos. 22 and 23) 1807, 2105 COMMITTEES: In Grand Lodge must be appointed from members present 800 Regular Committees of Grand Lodge 801 Grand Master appoints 802 When members of committee cannot act 803 When Past Grand cannot be appointed or act 804 Effect of reference to a committee in Grand Lodge 805 Propositions must be submitted in duplicate 806 And on paper of certain size 806 Grand Lodge cannot appoint committee to try member of 807 Duty of Noble Grand 808 INDEX. 831 COMMITTEES— Coji^inwed. Section. When Noble Grand to appoint. ... 809 Members of committee must be of Third Degree 810 Keports of committees or snbstauce thereof to be noted on minntes 811 Presumption in favor of committees' acts 93 Rejected applicant cannot demand committee to investigate, etc 267 No dispensation granted to a Lodge Committee 1014 Cannot be fined for absence from, on Sunday 1192 Nor for absence from General Relief Committee on Sunday 1192 When may refer question of benefits to Special Committee 479 Committee to examine nominees for D. D. G. M 1776, 1777, 1778 Elected applicant by card, committee to examine as to degrees 1532 Committee to investigate rumors about a brother illegal 2846 As to Committee on Credentials. See Credentials. As to Committee on Finance. See Finance and Finance Committee. As to Committee on Correspondence. See Correspondence. As to Committee on Appeals. See Appeals. As to Committee on Petitions. See Petitions. As to Committee on State of the Order. See State of the Order, Committee on. As to Committee on Legislation. See Legislation. As to Committee on Mileage. See Mileage. At» to Committee on Printing. See Printing. As to Committee on Rebekah Lodges. See Rebekah Lodges, Com- mittee on. As to Standing Committee. See Standing Committee. As to Committee on Charges. See Trials. As to Committee on Applicants for Membership. See Membership. As to General Relief Committee. See Relief Committee and Relief. As to Committee to Investigate Claim for Benefits. See Benetits. As to Committee to Investigate Claim for Funeral Benefits and Other Claims. See Benefits. As to Committees in Rebekah Assembly and Rebekah Lodges. See Rebekah Branch. COMMITTEE OP THE WHOLE: Procedure in such cases „ 812 COMMUNICATIONS TO LODGES: Instructions to representatives not to be sent to other Lodges 813 Certain communications prohibited 814 Consent of Grand Master necessary 814 ReBoIutions deprecating or condemning S. 6. L.'s actionR 815 Secretary's duty to read 816 How received. 817 CommunicationH from Grand Master and Grand Secretary 818 Duty to enter them, etc 818 Duty to number them and keep them on file 818 Hnspensions, expulsions and rejections 819 Communication over the Grand Master's signature 819 1 832 INDEX. COMPETENCE : Section. Lodge uo right to inquire into private afifairs 396 Sickness — competence — benefits 396 COMPLAINTS AGAINST LODGES OR DEPUTIES: Grand Master to receive and act upon 1733 COMPROMISE: Compromise and appeal dismissed 137 Donation to settle accounts 1231 Lodge may appropriate its funds to compromise a financial ques- tion 1230, 2455, 2454 CONCERT: Lodge cannot buy tickets for, given to aid Kebekah Lodge 1282 CONDUCTOR: See Officers. CONFLICT OF LAWS: See Decisions. CONSCIENCE: Junior Past Grand — prayer — scruples of conscience 1189 Relief Committee on Sunday— conscientious scruples and fines 2479 CONSOLIDATION OF LODGES: Procedure of Lodges to form one Lodge 820 Members standing in consolidated Lodge,. 821 Expelled brother, Lodge consolidation and reinstatement 822 Dispensation required 822 Form of warrant therefor prescribed. (Form No. 18) 823 Effect of consolidation 824 Suspended member before consolidation 824 Reinstatement and Dismissal Certificates 824 Benefits to members 329 N. G. of Lodge surrendering Charter does not become a P. G 950 CONSTITUTION AND LAWS OF SOV. G. LODGE: They are paramount to all laws 825 Duty to Sovereign Grand Lodge 826 When its general laws take effect 827 Duty of Grand Master to enforce 828 Subordinate Lodge must obey 829 Are laws of each Lodge 830 Sovereign Grand Lodge Constitution is prefixed tO' this Digest, page 3. For index to matters contained therein, see Sovereign Grand Lodge. The By-Laws of Sovereign Grand Lodge are prefixed to this Digest, page 16. For index to matters contained therein see Sovereign Grand Lodge. INDEX. 833 CONSTITUTION BOOK: See Supplies. Section. CONSTITUTION OP GRAND LODGE: How amended 831 Must be approved by Sovereign Grand Lodge Note to 831 Or by Grand Sire when Sov. Grand Lodge not in session. .Note to 831 Approval of Grand Sire subject to approval of S. G. Lodge.Note to 831 Amendments must first be adopted by Grand Lodge Note to 831 Its provisions should be simple, direct and comprehensive. .Note to 831 Sovereign Grand Lodge may direct removal of any unconstitutional clause Note to 831 Only be amended as provided in G. Lodge Constitution Note to 831 Revised Constitution; how passed Note to 831 A resolution construing a Constitutional provision Note lo 831 What is a two-thirds vote Note to 831 Grand Lodges must furnish Sovereign Grand Lodge copies of their Constitutions Note to 831 When submitting amendments thereto Note to 831 Attested by Seal and Grand Secretary Note to 831 All laws submitted to S. G. L. must be under Seal Note to 831 Grand Master to enforce its observance 832 It is the law of each Lodge 833 It is pretixed to this Digest, page 30, and it is also disposed under appropriate heads therein. CONSTITUTION OP SUBORDINATES: How changed or amended 835, 835a Doubt as to meaning determined by Grand Lodge 836 By-Laws contrary thereto void 837 Grand Lodges may enact uniform Constitutions for Sub. Lodges. . . h38 Grand Master cannot suspend or annul 839 Persons becoming members must sign 1444, 1523, 15 Cannot delegate power to sign 1445 Degrees when brother has not signed 1526 When not necessary to re-sign 1554, 1555 Duty of Grand Secretary to print and sell copies 1756 Printed ones. See Supplies. It is affixed to this Digest, page 684, and is also disposed under appropriate heads therein. CONSTITUTION OP REBEKAH LODGES: It is affixed to this Digest, page 712. For index to matters con- tained therein, see Rebekah Branch. Duty of Grand Secretary to print and sell 1757 Printed ones. See Supplies. CONTEMPT: Resolution bringing Grand Lodge into contempt not permitted 841 Or calling in question any of its actions 841 53 834 INDEX. CONTEMPT— Con^nwed. Section. Or any retaliatory resolution thereto 841 Penalty for refusing or neglecting to stand trial 842 Refusing to perform official duties 843 Contempt defined 844 Appearing before Trial Committee by counsel Note to 844 Must be intentional refusal or willful neglect 845 Willfully absenting himself to avoid service of notice 845 Law concerning mast be strictly complied with 846 What proof must show " 846 Proof must appear in record 846 Contempt and expulsion rest upon the committee's report 847 Presumption as to report for contempt 848 Action upon report of Trial Committee 849 When absent at adjourned meeting of Trial Committee 850 Where accused desires to stand trial 851 Where accused demurs and answers and then absent 852 Where accused appears a number of times and then absent 853 Where accused answers the summons and by letter asks a continuance 854 May appear by counsel 855 Eefusing to obey suspended officer 856 Failing to appear to receive reprimand 857 Certain act of Trustees not contempt 858 In case suspended for non-payment of dues 859 Absent through misunderstanding or sickness 860 Neglecting to answer letters from Lodge Note to 860 Pleads not guilty, gives names of witnesses and then absent 861 Where accused answers the summons and asks continuance 862 Where accused absent but answers the summons S63 Eight to appear by counsel 864 Duty of Noble Grand 865 Where defective record on file 866 Before expelled for contempt must be reported guilty thereof 867 CONTEMPTUOUS LANGUAGE: See Offenses. CONTINGENT OR SPECIAL FUND: See Funds; Eebekah Branch. CONTINUANCE: As to trials. See Trials. As to benefit investigations. See Benefits. As to appeals. See Appeals. CONTRACTS: Lodges not to enforce private contracts, 868 Where no actual fraud appears 868 As to other matters. See Agreement. As to offenses. See Offenses. INDEX. ^ 835 CONVICT: See Crime. Section. CORPSE: Neglecting to sit up with or furnish a substitute, etc 1713 (42.) CORRESPONDENCE : Committee on Correspondence of Grand Lodge 869 It is a Regular Committee 870 Appointed from members present 870 COSTUMES: Not to be used in public 2924 May use funds for costumes for officers 1222 They are part of current expenses 1222 As to Kebekah Lodges. See Bebekah Branch. COUNSEL: Must be an Odd Fellow in good standing 871 Claimant in benefit investigations entitled to 872 Lodge may have counsel to prosecute charges 873 Lodge may employ to prosecute a cause 874 May authorize benefit investigating committee to employ for Lodge 875 Of party cannot act on Appeal Committee 27 May agree as to facts in benefit investigations 521 Limiting argument of 2834 As to other matters. See Trials; Benefits. CREDENTIALS: Ck>mmittee on Credentials of Grand Lodge and its duties 876 It is a regular committee ." 877 Appointed from members present 877 List of representatives and Past Grands to be sent to Grand Secy. . 878 Grand Secretary to provide the blanks 878 Certificate of service as Noble Grand not conclusive Note to 878 Credentials must be passed on and elected member admitted. Note to 878 Each representative entitled to a certificate. 879 Proper credentials of a representative 880 Eepresentatives without proper credentials admitted to Grand Lodge 881 Past Grands without proper credentials admitted to Grand Lodge.. 882 Form of credentials for representative. (Form No. 31) 883 Form of credentials for Past Grand. (Form No. 30) 884 As to Committee, iu Bebekah Assembly. See Bebekah Branch. CRIME: To commit a crime an oflfense in Odd Fellowship 885 One convicted and serving a sentence in the State's prison to be expelled 2693 Lodge cannot use fnnds for reward for arrest and conviction 1274 As to offenses. See Offenses. As to installation. See Installation. 836 INDEX. CUBES: Section. Lodge may use, instead of black balls for balloting 243 CUMULATIVE VOTING: No cumulative voting 229 DANCING: Use of Lodge-room for 886 Individuals cannot use Lodge-room therefor without permission. . . 887 No liquors at any entertainment given by Lodge or held in the name of the Order , , . . 1413a As to ball. See Ball. As to liquors. See Liquors. ^ As to use of funds. See Funds. DAUGHTER: See Offenses. DEAD: See Corpse; Funeral; Benefits. DEAF: The totally deaf should not be initiated 1449 DEBATE: Who has right to speak in Grand Lodge 888 Granting privilege in Subordinate Lodge 889 As to rules and questions of order. See Order, Kules and Ques- tions of. As to good of the Order. See Good of the Order. DEBTS: Our laws not designed for collection thereof 890 A Lodge cannot enforce collection Note to 891 Lodge may sell its property to pay its debts 2083 Lodge cannot donate to pay claim against deceased brother 1286 Brother or ofl&cer cannot pay himself from Lodge fund without Lodge's action 1277 One who owes Lodge borrowed money may be elected to ofl&ce 1819 As to offenses. See Offenses. DECEIT: See Offenses. DECISIONS: Decisions and laws of Sovereign Grand Lodge the highest authority 891 Conflicting laws must yield 891 A decision of Sovereign Grand Lodge not in White's Digest. .Note to 891 White's Digest is a mere compilation Note to 891 A decision of Grand Sire approved, but new law enacted at same session 891 Duty of Grand Kepresentative to communicate decisions of S. G. L. 892 Decision of Grand Lodge binding 893 INDEX. 837 DECISIONS— Con«ntied. Section. Grand Lodge decision affects all cases under the law 894 Rulings and instructions of Grand Master 895 Tie vote on approving Grand Master's decision Note to 895 District Deputy Grand Master's decision 896 Decisions should correctly interpret the law 897 Sov. Gr. Lodge and Gr. Lodge decisions are laws of Sub. Lodge.. . . 898 Grand Lodge recommends Grand Master's decisions be published. . 1737 When Grand Master's duty to refer inquirer to Digest 1738 Decisions of Grand Master and his annual report 1737, 1738 When Grand Master to require Lodge to comply with Sovereign Grand Lodge decision 1747 As to Rebekah Lodges. See Rebekah Branch. DECORATION : See Chairs. DEDICATION: Sovereign Grand Lodge's form must be used if any 899 Lodge may meet in a new hall pending dedication 2451 As to Odd Fellows' Hall. See Odd Fellows' Hall. DEEDS: Where Lodge desires to buy land, in whose name made 2081 DEFAMATION: See Offenses; Character. DEPENDANT: See Trials. DEFENSE: No one should be deprived of his rights without opportunity to ex- plain, assert or defend them 900 To deprive a brother of his rights or honors, etc., without notice or knowledge, not permitted 900 Noble Grand cannot be removed without knowledge or notice 900 A Lodge's right 901 DEFORMED PERSONS: What deformed persons should not be initiated 1449, 1450, 1451 Partial deformity 1450, 1451, 1449 DEGREE BOOK: Not now printed as a separate book 902 Formerly there were a charge book and a degree book 902 These books are now united and printed as one and called the ritual or charge book 902 As to charge book or ritual. See Charge Books. DEGREE FEES: See Foes. DEGREE CHARTS: See Supplies. 838 . INDEX. DEGREE LODGE: Section. Manner of applying for warrant for, is regulated by Grand Lodge Constitution 903 As to warrant. See Charter. Qualifications of members 904 General provisions regulating Degree Lodges . 905 Who may be members 905 Who may visit 905 Who may be Noble Grand or Vice-Grand. 905 Where may be established 905 Terms of 905 Officers of and their titles 905 Degree Master may assign brothers to other positions 905 Upon whom Degrees shall be conferred 905 Must have certificate of election in Sub. Lodge to receive them... . 905 Entitled to have a Seal 905 Report to Grand Lodge 905 Brother who cannot prove himself in the degree he has 905 Degree Master no right to receive A. T. P. W 905 Eecommended no more Charters be granted 906 Scarlet Degree members not eligible to Degree Master 907 Same qualifications for Degree Master as Noble Grand 907 No title or honorary distinction for Past Degree Masters... .Note to 907 Subordinate Lodge cannot elect Degree Master 908 Grand Master cannot appoint a brother to that office 908 Degree Lodges remain the same as before 909 A Subordinate Lodge may confer the Degrees 909 More than two Degrees same evening — Dispensation 910 Certificate and communications must be under Seal 911 Duty of District Deputy Grand Masters 912 Duty of Noble Grand and Vice Grand of Subordinate Lodge 913 When duty to be present at conferring the Degree 913 Offenses of Degree Lodge 914 DEGREES: . page. 1 . Grand Lodge Degree 838 2. Past Grand's Degree 839 3. Subordinate Lodge 840 1. Grand Lodge Degree. A reward for faithful official service only 915 District Deputy cannot confer Note to 915 Conferred in Grand Lodge Note to 915 By special permission may be conferred in adjacent room... Note to 915 Special sessions of Grand Lodge may be held to confer it. .Note to 915 To confer past official Degrees Note to 915 To instract in unwritten work Note to 915 When confer on Past Grand of another jurisdiction 916 INDEX. 839 DEGREES— Con^iwued. Section. Givetn only when Past Grand becomes member of G. L . . .Note to 916 Business of Grand Lodge transacted in Third Degree 633 Grand Lodge may open in Scarlet Degree for installation 634 Or for exemplitication of Degrees 635 2. Past Grand's Degree. Certiticates furnished without vote 917 Withdrawal Card and Certificate 918 Certificate of Lodge taken as true 91 9 What evidence is necessary to entitle to 920 Service a majority of nights of a term to the end of the term is requisite Note to 920 Resignation previous to expiration of term forfeits Note to 920 Leave of absence for majority of nights of term forfeits, . . .Note to 920 Although holds a Visiting Card Note to 920 Service majority of nights of term and leave of absence for re- mainder Note to 920 Must be present in Lodge-room majority of meeting nights unless excused by reason of sickness Note to 920 Suspended Noble Grand— On appeal suspension reversed 921 P. G. cannot confer past oflficial degrees without special authority.. 922 Vice-Grand elected Noble Grand to fill remainder of term 923 Grand Master or District Deputy Grand Master may confer 924 State G. L. may authorize D.D.G.M. to confer P. G.'s Deg..Note to 924 Or may direct it to be conferred in any other manner Note to 924 Honors of P. G. cannot be conferred for services as Treasurer 925 When retiring Noble Grand not present at installation 926 A Noble Grand suspended for cause 927 Suspension of an oflBcer for cause vacates his office 927 When absence from sickness of oflicer or family, is service 928 Service majority of nights and sickness 929 Service till end of tetm required 930 First Noble Grand and eleven nights' service 931 Served thirteen nights and present one night, no meeting 932 Served fourteen nights and then absent 933 When Vice-Grand acts as Noble Grand without election to the oflSce 934 Vice-Grand acting as Noble Grand without election to that office. . . 935 Vice-Grand elected Noble Grand to fill a vacancy 936 When honors of Vice-Grand forfeited 937 A Scarlet Degree member elected Noble Grand 938 Service from July Ist to November Ist and then absent 939 Most serve a majority of nights 940 Present ten nights of a term 941 Withdrawal Card on last night of term 942 Served less than majority of nights and leave of absenoe 943 Actual service in ofllce required 944 Election of Scarlet Degree member without dispensation 945 840 INDEX. DEGREES— Con«nw6d. Section. Elected and installed last night of term -. . . 946 Re-election as Noble Grand of a brother who had resigned the ofl&ce 947 Resignation at last meeting of term, but opens Lodge at all meetings 948 A N. G. receives the honors of Past Grand when not entitled thereto 949 When two Lodges consolidate 950 When retiring Noble Grand is elected to cflSce 951 3. Subordinate Lodge. Application for degrees — Ballot — Election 952 Fee must accompany application 952 Three black balls reject 952 When certiticate to be given 953 Number conferred at one meeting 953 Dispensation to confer more than two degrees at one meeting 953 When degrees refused, when may apply again 953 Cannot apply within three months 953 A By-Law extending time void 954 Right of Subordinate Lodge to confer 955 Lodge's privilege to investigate applicant's character, health and condition 956 Lodge may request a statement as to applicant's physical condition 957 Commencing saloon business after initiation 958 Only two degrees a week except by dispensation 959 Ballot in Third Degree 960 Must close in First Degree before opening in Second Degree. Note to 960 Two Lodges cannot confer degrees at same time and place 961 Lodges cannot hold joint meetings 962 When applicant may apply 963 Not compelled to vote the degrees Note to 963 Subordinate Lodge may confer notwithstanding Degree Lodge 964 WHien initiate may apply and receive First Degree 965 Regular and special meetings « 966 May confer degrees at special meeting 966 Must apply for at regular meeting 966 Cannot ballot at special meeting 967 When Noble Grand and Vice-Grand absent 968 The proper officer to confer 969 Past Grand or D. D. G. M. may be invited to confer 970 A separate ballot for each degree 971 May apply for degrees orally or in writing 972 Motion to reconsider 973 When may reconsider a favorable ballot 974 One candidate at a time in second part of Second Degree 975 On more than one person at a time 976 Conferred on members of other Lodge upon request under seal 977 Fee in such cases . . 977 Certificate granted at regular meeting Note to 977 INDEX. 841 DEGREES— Co/ifinMed. Section. No Lodge right to give certificate till fee paid Note to 977 Conferred on member of another jurisdiction 978, 979 Where a brother takes a Withdrawal Card and removes 980 Fee in such cases 980 Holder of Withdrawal Card cannot receive the degrees 980 Degrees under the old work and the new work. . 981 A brother who has not the right to visit 982 What the words a brother in arrears for dues mean 983 The initiatory is a degree but not numbered 984 The four degrees of the Subordinate Lodge 985 The Third or Scarlet Degree 986 The Third Degree or Degree of Truth or Scarlet Degree 986 Candidates appear without regalia 987 Right to leave the Lodge-room 988 As to balloting. See Ballot and Voting. As to fees. See Fees. As to dispensation. See Dispensation. As to exemplification of degrees. See Exemplification. Certificate to confer the degrees (Form No. 32), page 772. DEGREE MASTER: See Degree Lodge. DEGREE STAFF: See Kebekah Branch. DEGREE TEAM: Should address the chairs on retiring and re-entering 989 DEGREE OF REBEKAH: See Rebekah Branch; Officers. Should not be rehearsed in Grand Lodge 2173 Subordinate Lodge officer need not have 1824 DEMURRER TO CHARGES: See Trials. DEPENDENT RELATIVES: See Benefits. Who are 556, 555 DEPOSIT OF CARD: See Membership; Rebekah Branch. DEPOSITIONS: See Trials. How taken, etc 2704, 2705, 2706 DEPUTY DEGREE MASTER: See Degree Lodge. DEPUTY GRAND MASTER: See Officers of Grand Lodge. DEPUTY GRAND SIRE: See Sovereign Grand Lodge. DESERTION OF FAMILY: See Offenses. 842 INDEX. DIGEST: Section. Noble Grand must have them in Lodge-room at each session 992 White's Digest is a mere compilation Note to 992 A Sov. Gr. Lodge decision is law, whether in White's Digest or not. 992 The Lodge and the District Deputy Grand Master 993 Duty of District Deputy Grand Master 1794 Digest of Sovereign Grand Lodge and Grand Lodge. See Supplies. As to the duties of Grand Secretary. See Grand Secretary, under head of Officers. DELEGATES : See Eebekah Branch. DINNER: Lodge cannot use funds for 1248 Nor for refreshments 1248, 1247 May use special fund for 1239 No liquors at, given by Lodge or held in name of the Order 1413a As to liquors. See Liquors. As to anniversary. See Anniversary. As to Eebekah Lodge. See Kebekah Branch. DIPLOMA: Duties of officers of Grand and Subordinate Lodges 994 Not to sign any not issued by Sovereign Grand Lodge 994 All others are null and void 994 Who authorized to issue 995 Past officers entitled to their rank Note to 995 Although not members of Grand Lodge Note to 995 DIPLOMAS OP SUBORDINATE AND REBEKAH LODGES: See Supplies. DISHONESTY: See Offenses. DISHES: See Funds. Cannot use funds for purchase 1242 May use the special fund for purchase , 1242 DISMISSAL: As to charges. See Trials. As to appeals. See Appeals. DISMISSAL CERTIFICATES: After five years' suspension for non-payment of dues 996 To regain membership in another jurisdiction.. : 997 When the Lodge has refused to reinstate 998 Cannot grant Dismissal Certificate, except as provided by law.Note to 998 Must be issued on payment of fee, without vote Note to 998 When granting discretionary before five years Note to 998 Holders thereof may be re-admitted to membership 999 INDEX. 843 DISMISSAL CBRTIFICATBS-Continued. Section. Holders thereof cannot visit Lodges 999 Brothers under charges not entitled to 1000 Must issue Dismissal Certificate unless charges preferred.... Note to 1000 Improper conduct after suspension for non-payment of dues 1001 Grand Ofl&cers cannot grant 1002 A member of a defunct Lodge cannot obtain a Dismissal Certificate. 1003 He must apply to Grand Secretary for a card ; 1003 Where a person was initiated without right 1004 Form of Dismissal Certificate. (Form No. 63) . . 1005 The Sovereign Grand Lodge supplies them 1006 Must use those supplied by Sovereign Grand Lodge 1006 Sold as other supplies are Note to 1006 Dismissal certificates must show Degree and rank of holder 1007 As to Charter and Charter members. See Charter and Charter members. As to Rebekah Lodges. See Kebekah Branch. Dismissal Certificates. See supplies. DISPENSATIONS. Grand Master may grant certain Dispensations 1008 To confer Degrees on members without delay 1008 To allow members to appear in public in regalia 1008 To allow Lodges to apply to other Lodges for assistance 1008 To allow Lodges to admit to membership persons who reside near some other Lodge 1008 To authorize installation of officers in public 1008 To give entertainments for benefit of the Order 1008 To authorize balloting for and initiation of candidate at time prop- osition presented to Lodge 1008 To allow Subordinate Lodges to change place of meeting 1008 To allow Brothers to be reinstated after expulsion 1008 To institute Lodges 1008 To empower Lodge to elect Scarlet Degree members to office 1008 When Grand Master present at special meeting of Lodge may grant dispensation to confer Degrees without delay 1008 Grand Master present at special meeting may authorize balloting for and initiation of candidate when proposition presented. . . . 1008 Neither Grand Master nor Grand Lodge can dispense with regular meeting of Lodge Note to 1008 Neither Grand Lodge nor Grand Master can grant Dispensation to suspend payment of weekly benefits Note to 1008 Power to grant Dispensation does not extend beyond his term 1009 Grand Master's permission required in certain cases 1010 Public procession 1010 Public celebration 1010 Ball 1010 Public amuBement in name of the Order 1010 844 INDEX. DISPENSATIONS-CoM^inued. Section. Power of Grand Master— must observe the strict law 1011 Dispensation may be withdrawn by Grand Master 1012 Application for, to be in writing under Seal 1013 Application for to be made by Lodge 1013 No Dispensation can be granted to Lodge Committee 1014 Grand Master not grant one for Lodge to meet on certain nights... 1015 He cannot grant one to disregard Lodge's By-Laws 1015 Dispensation to change meetings to ooce in two weeks 1016 Upon petition of two-thirds of members for semi-monthly meetings 1016 Before changing By-Laws for such purpose must have permission of Grand Master or Grand Lodge 1017 Dispensation necessary to appear in public in regalia 1018 Grand Master only can grant such dispensation 1018 At funerals, funeral regalia should be worn 1018 To receive petition, ballot for, elect and initiate same evening. .... 1019 To receive petition, elect and initiate at special meeting ,' 1020 When Grand Master present at special meeting 1020a No dispensation can be granted to initiate and confer degrees for less sum than specified in Constitution .• 1021 No dispensation to set aside Lodge's By-Laws . - 1022 Nor to reduce initiation fee as fixed therein 1022 Nor to admit for less fee than fixed by Grand Lodge 1023 District Deputy Grand Master may grant certain dispensations. . . . 1024 To confer the three degrees in less time 1024 For election of Third Degree member to of&ce ... 1024 For giving social parties in name of Order 1024 Cannot grant one, to annul or suspend any part of Subordinate Lodge Constitution 1025 No dispensation to admit as visitor an Ancient Odd Fellow or any brother 1026 Grand Master, elective Grand Officer or District Deputy Grand Master cannot grant such dispensation 1026 District Deputy Grand Master cannot grant dispensation to receive petition, elect and initiate same evening 1027 District Deputy Grand Master cannot grant one to appear in regalia at dedication of I. O. O. F. hall 1028 Grand Master may 1028 District Deputy Grand Master cannot grant dispensation to nomi- nate, elect and install officers on same evening 1029 Grand Master may 1029 To appear in public in regalia 1030 Grand Master can, and District Deputy Grand Master cannot 1030 To appear in public in regalia at funeral, by Grand Master 1031 District Deputy Grand Master cannot grant 1031 When Lodge or body of Odd Fellows may notify another body of Odd Fellows to appear in regalia 1032 When a Lodge may notify Rebekah Lodge to appear in regalia 1033 INDEX. 845 DISPENSATIONS— Continued. Section. Dispensation to Rebekah Lodges to appear in regalia — effect of, as to brothers - ... 1034 To confer two degrees same evening, no dispensation required 1035 To Subordinate Lodge to confer more than two degrees same evening 1036 To Degree Lodge to confer more than two degrees same evening. 1036, 9 16 Lodge ciertiticate as to dispensation and Degree Lodge . : . 916 District Deputy Grand Master may grant .-. 1036 To remove Lodge from one hall to another, one not necessary 1037 But from one town or city to another, one is necessary 1037 To give a ball in name of Order, one is necessary whether regalia is worn or not 1038 As to initiating candidate on night of ballot 1039 D. D. G. M. may grant to elect Scarlet Degree member as N. G. . . . 1040 D. D. G. M. may grant to hold public installation 1041 Cannot grant one to reballot on rejected candidate 1042 To give public entertainment for Orphans' Home, dispensation necessary 1043 Regalia in public, dispensation necessary 1044 Giving a social party in name of Order, does not carry with it the right to wear regalia 1044 District Deputy Grand Master cannot grant, when 1045 Lodge instituted thirteen weeks and new officers at commencement of succeeding term 1045 D. D. G. M. may grant to give parties in name of Order 1046 For Past Grand to install officers, dispensation not necessary 1047 As to Degree Lodge. See Degree Lodge. As to Rebekah Lodge. See Rebekah Branch. DISPENSATION OR WARRANT FOR SUBORDI- NATE LODGE AND REBEKAH LODGE: (See Forms Nos. 12 and 17), pages 757, 761. DISSOLUTION: See Charter; Rebekah Branch. DISTRICTS: page. 1. For District Deputy Grand Masters 845 2. For Visitation by Grand Master 846 1. For District Deputy Grand Master. Each County in the State a district 1048 Grand Master may divide districts and appoint additional District Deputy Grand Master therefor 1049 To transfer Lodge from one district to another 1050 Consent of majority of Lodges in both districts necessary.. 1050 Grand Master may make German Lodge Districts 1051 Rebekah Lodge Districts 1052 District Deputy Grand Masters for Rebekah Lodge Districts 1052 D. D. O. M. appointed when first Lodge instituted in district.. . . 1049 846 INDEX. DISTRICTS— Continued. ^ Section. 2. For Visitation by Grand Master. State divided into four districts 1053 What tirst district consists of 1053 What second district consists of 1053 What third district consists of 1053 What fourth district consists of 1053 Grand Masters to alternate in their official visits in the respective districts 1053 Where Grand Master cannot reach all parts of his district 1053 May appoint an elective Grand Officer to perform his duty. 1053 Expenses of such appointee, how paid 1053 Traveling expenses of Grand Officers when making visits 1053 Grand Lodge's recommendation 1053 G. M. requested to visit those Lodges not visited by predecessor. . 1751 DISTRICT DEPUTY GRAND MASTERS: See Officers of Grand Lodge. As to Rebekah Lodges. See Kebekah Branch. As to Honors of the Order. See Honors of the Order. DISTRICT DEPUTY GRAND SIRE: See Sovereign G. L. . DIVERSION OF FUNDS: See Funds. Prohibited Note to 1210 DIVISION: As to voting. See Ballot and Voting. As to funds. See Funds. Of funds prohibited Note to 1210 DIVORCE: Widow of Odd Fellow re-mafries and is divorced, is not restored to widowhood 602 As to Kebekah membership. See Eebekah Branch. DOCTOR: See Physician. DONATIONS: Name of recipient cannot be concealed 1054 Right of Lodge and members to know name of recipient 1054 When name concealed. Lodge no right to make donation 1054 Reimbursement of unauthorized donation 1055 As to what donations Lodge funds may be appropriated or not. See Funds. As to cancelling draft for. See Draft. As to property of Lodge. See Property of Lodge. INDEX. 847 DRAFT: Section. Returned draft may be cancelled 1056 When a draft drawn for a donation may be cancelled 1057 May be cancelled for fraud or mistake 1058 And for other grounds 1058 Drafts must be made by vote 1059 Drafts for benefits and questions of order 377 DRILLS: See Prize Drills; Exhibition Drills. DRUGGIST: When and when not eligible to membership 1429, 14;s0 DRUNKENNESS: As to offenses. See Offenses. As to habitual drunkenness. See Habitual Drunkenness. As to evidence, charges and trials. See Trials. As to fines. See Fines. DUEL: See Offenses. DUES': PAGE. 1. Generally 847 2. Arrears 849 3. Suspension for non-payment 849 4. Beinstatement and Ee-admission. See Membership. 1 . Generally. Payable weekly in advance 1060 Minimum dues 1060 Maximum dues of non-beneficial members 1060 Grand Lodges may prescribe minimum dues ... .Noie to 1060 • Lodge may adopt higher dues Note to 1060 Payments by member to Lodge, how applied 1061 Applied to his general account, unless otherwise directed by him. . 1061 Applied to dues, assessments and fines, in the order in which they become due, unless 1061 This not applicable to tines imposed in case of charges 1061 What are weekly dues 1062 Dues payable in advance 1063 By-Laws can attach no penalty until at least 13 weeks in arrears. . . 1063 Dues accrue from date of initiation 1064 When credit is to be made for payment 1065 Standing dotes from payment 1065 Payment to Lodge oflBcer authorized to receive it 1066 Indebtedness satisfied when so paid 1066 When payment to officer is payment to Lodge 1067 May be paid to officer between meetings 1068 848 INDEX. DUES— Continued. Section. Payment takes effect when so paid 1068 When paj-ment to be credited 1069 Dues must be paid to proper officer 1070 When payment to Treasurer is not payment to Lodge 1070 What constitutes valid payment 1071 Grand Lodge refused to exempt D. D. G. M. from dues 1072 Brother's right to pay at any time 1073 Secretary's duty to accept whenever tendered. 1073 Secretary to accept payment and receipt therefor I(i73 Lodge cannot refuse to receive in full or in part prior to sus- pension. Note to 1073 Where Lodge indebted to brother who owes dues 1074 Grand or Subordinate Lodge cannot dispense with payment of dues 1074 Compensation due for salaried office must be paid to a brother 1074 Compensation for services performed must be paid to a brother.. . . 1074 For such compensation, orders must be drawn in his favor 1074 When he has the order he may draw the money from the treasury. 1074 When he has drawn the money he can use it in paying his dues 1074 Or he can use it for his own purposes 1074 He can decline to appropriate it to pay his dues 1074 When sick brother entitled to sick benefits the Lodge should pay his dues therefrom 1074 Sick brother entitled to benefits cannot become delinquent while sick 1074 When Lodge is indebted to a brother for work and labor it cannot, without his authority or consent or against his wishes, apply the indebtedness or any part to his dues 1074 Receipt prima facie evidence money paid 1075 Not binding on Lodge or brother if mistake made 1075 Opportunity should be given for correction 1075 How a brother's standing is governed by receipt 1076 Books of the Lodge must govern 1076 Effect of receipt stating brother paid to a certain date 1076 Such receipt holds good till brother informed of mistake and oppor- tunity afforded for correction 1076 Cannot charge dues after brother suspended for non-payment 1077 No dues can be charged from suspension for non-payment till reinstatement 1078 When Secretary fails to charge dues, may be corrected 1079 Lodge must accept pending appeal from expulsion 1080 Dues do not accrue during expulsion 1081 Dues cease upon expulsion and commence on reinstatement 1082 Dues accrue during suspension for cause 1083 Lodges hold its members undergoing punishment responsible for dues Note to 1083 Dues paid in advance refunded in case of expulsion 1085 Dues paid during expulsion— no appeal in regard to such dues 73 INDEX. 849 'DTJ'ES— Continued. Section. Dues increased by amendment of By-Laws — Receipt taken 1086 Receipt dues paid in advance to a certain date, rate increased by amended By-Laws, must pay increase 1086 Dues in case of Withdrawal Card 1087 Card given and afterwards dues increased 1088 Lodge cannot remit dues — Donation 1089 Inmate of Odd Fellows' Home pays no dues 1090 No weekly dues accrue against such inmate Note to 1090 Such inmate remains in good standing without payment of dues. . . Note to 1090 As to Rebekah Lodges. See Rebekah Branch. 2. Arrears. Fines and assessments cannot be added to dues 1091 They are to be considered separately 1091 Delinquency depends on length of time, not amount 1092 If brother neglect to pay one week's dues for more than thirteen weeks he would be thirteen weeks in arrears 1092 When delinquency commences 1093 If member do not pay at end of week he is delinquent for that week, and so on when thirteen weeks in arrears 1093, 1094, 1095 A certain By-Law construed 1095 When six months in arrears 1096 When twenty-six weeks in arrears 1097 When 24 mouths in arrears Lodge may collect the 24 months dues. 1098 As to Rebekah Lodge. See Rebekah Branch. 3. Suspension for Non-Payment of Dues. Time and manner of suspending for non-paymeut of dues or demands 1099 Cannot be expelled on account of arrears for dues Note to 1099, 1100 When Brother ceases membership 1100 Cannot be suspended for, while charges pending against him 1101 Time, not the amount of arrears governs 1 102 Time must be regarded and not the amount Note to 1102 Cannot refuse to receive dues in full or in part 1 103 Insane brother cannot cease membership for non-payment of dues.. 1104 A brother suspended for cause may be suspended for non-payment of dues 1105, 1106 Daes and assessments accrue during suspension for cause. 1106 Expelled and an appeal sustained 1 107 Suspension for non-j»ayment of dues not to be published in Journal. 1 108 When first announcement of arrears to be made 1109 Vice Grand and suspension for non-payment of dues 1110 Cannot suspend an insane brother for non-payment of dues, even if not entitled to benefits 1111 54 850 INDEX. DU^S— Continued. Section. Insane member must be kept on the roll 1111 He is entitled to attentive benefits 1111 As to Rebekah Lodges. See Rebekah Branch. DUMB: The totally dumb should not be initiated into the Order 1449 DYING DECLARATIONS: See Trials. EDUCATION: Lodge may provide for widows' and orphans' and education fund. . . 1112 When Lodge may refuse to furnish funds for 1113 As to funds. See Funds. As to membership. See Membership, As to \'isiting Lodges. See Visiting and Visitors. EFFECTS: See Charter; Funds; Property of Lodge; Appeals. ELECTION: Brothers admitted to Lodge during election of officers or represen- tatives 11 As to officers: See Officers. As to Grand Representatives. See Officers. As to election of applicant for membership. See Membership. As to election to Degrees. See Degrees. As to representatives. See Representatives. As to trustees. See Trustees. As to Rebekah Lodges and Assembly. See Rebekah Branch. ELECTIONEERING : By candidates for office in Grand Lodge disapproved 1731 ELECTRIC RAILWAY. See Railroad. Illegal to vote funds to help build 1220 EMBEZZLEMENT. See Offenses. EMBLEMS: Grand and Subordinate Lodges not responsible for certain corpora- tions or associations 1114 Not responsible for corporations or associations that use the name of the Order 1114 Grand Secretary to publish certain resolutions to the above effect.. 1114 Emblems and name of the Order cannot be used for business pur- poses, etc 1115 Not to be used on business card or sign 1 1 15 No member to become or continue an officer or member of such . corporation or association 11 15 INDEX. 851 EMBLEMS— Con/inucd. Section. Such member may be suspended or expelled 1115 Not to apply to Odd Fellows' libraries, hall or cemetery association 1115 Use of emblems and name prohibited 1116 Grand Lodge disclaims all responsibility 1116 A savings bank should not use the name of the Order 1117 Illegal to use the name, Odd Fellows' band 1118 Building and loan associations not to use the emblems, initials, etc. 1119 Emblems, name, titles, mottoes and initials of the Order not to be used in private business 1120 Nor in advertisements 1120 ENCAMPMENT: Certain resolutions not in order in Grand Lodge .... 1121 Grand Lodge cannot require any of its members to have the En- campment Degrees 1122 Grand Representative must be a Past Grand and of the Royal Pur- ple Degree 1123 Encampment cannot visit a Lodge as a body in regalia 1124 Representative in General Relief Committee 2328 As to Encampment member and voting. See Ballot and Voting. As to funeral. See Funeral. ENDOWMENT: Must be by voluntary contributions , 1125 Grand Lodge may establish widows' and orphans' endowments and funeral benefit associations 1 125 But they must be by voluntary contributions 1 125 Cannot make forced assessments for such object 1125 Such schemes cannot be made compulsory 1 126 ENGLISH LANGUAGE: As to appeals. See Appeals. As to District Deputy Grand Master. See District Deputy Grand Master, under head of OflBcers. As to Districts. See Districts. As to installation. See Installation. As to membership. See Membership. As to German Lodges. See German Lodges. ENTERTAINMENT: No liquors at, given by Lodge or held in name of the Order 1413a How fund for, may be created by donation 1246, 1245 As to use of funds. See Funds. As to dispensations. See Dispensations. As to anniversary of our Order. See Anniversary. As to liquors. See Liquors, As to Bebekah Lodges. See Rebekah Branch. 852 INDEX. ERRORS: Section. As to trial of charges. See Trials. As to benefit investigations. See Benefits. As to appeals. See Appeals. EVIDENCE: As to trial of charges. See Trials. As to benefit investigations. See Benefits. As to appeals. See Appeals. EXCEPTIONS: As to exceptions or Bill of Exceptions in the matter of charges. See Trials. As to exceptions or Bill of Exceptions in benefit investigations. See Benefits. As to exceptions on appeal. See Appeals. EXCURSION: As to dispensation: see Dispensation. As to use of funds. See Funds. As to anniversary of our Order. See Anniversary. As to Liquors. See Liquors. EXECUTORS AND ADMINISTRATORS: Benefits not payable to 364 When Lodge not bound to pay benefits Note to 364 Benefits, sick or funeral, not payable to executor or administrator. 365 Executors and administrators will not be recognized 366 Allowance to pay burial not payable to them 365 Funeral expenses, relief or donation not payable to them . . , .. 365 Aid, assistance or allowance not payable to them 365 EXEMPLIFICATION OP DEGREES OR WORK: Grand Lodge may provide for in Scarlet Degree 635 Grand Lodge will not pay any Lodge, individual or team for 1334 As to Rebekah Lodges. See Rebekah Branch. EXHIBITION DRILL: See Rebekah Branch; Prize Drill. EX-PARTE COMMUNICATIONS: See Appeals. They are not appeals 102 Grand Lodge will not consider 102, 103, 105 EX-PARTE STATEMENT: See Appeals. Grand Lodge will not consider , 1127 Actions of Lodge not passed upon or reviewed by Grand Lodge on ex-parte statements 1127 INDEX. 853 EXPULSION : Section. Benefits during illegal expulsion 395 Publication of, discountenanced 1621 Notice of, shall forthwith be forwarded to every Lodge in the County 1128 Also to Subordinate of which he was a member 1 128 Also to Rebekah Lodge of which he was a member 1128 Also to the Grand Secretary 1 128 As to entry in Black Book. See Black Book. As to penalty upon conviction upon charges. See Trials. As to contempt. See Contempt. As to benetits. See Benefits. As to Grand Lodge. See Grand Lodge. As to Subordinate Lodge. See Subordinate Lodge. As to Degree Lodge. See Degree Lodge. As to charter. See Charter. EXTINCT LODGE: No member shall be concerned in organizing any extinct Lodge of OddFellows 1129 Members of defunct Lodge cannot obtain Dismissal Certificates 1003 Grand Master no power to dispose of property of 1748 As to charter, bee Charter. Ah to membership. See Membership. As to cards. See Cards and Certificates. As to Visiting Lodge. See Visiting and Visitors. EXTRAORDINARY ASSESSMENTS: See Assessments. EYE: See Membership; Benefits. FALSEHOOD: See Offenses. FALSE PRETENCES: See Offenses. FALSE REPRESENTATIONS TO GAIN ADMIS- SION: See Offenses. FAMILY: As to family secrets. See Secrets. As to benefits and funeral benefits and expenses. See Benefits. As to offenses against. See Offenses. FEES: Initiation, admission and degree fees 1130 Lodge may reduce or increase by amending By-Laws 1 131 May change amount by amending By-Laws 1 132 Minimnm fees 1132 Cannot admit member for less than minimum fees by dispensation. 1132 Fees of charter members 1 132, 777 854 INDEX. WEIBIS— Continued. Section. Lodge cannot open charter. 1132 Shonld charge fees provided in By-Laws . 1132 Organization of new Lodge 1132 By-Laws at time of application for degree govern. ; 1133 Forfeiture of fees disapproved 1134 All By-Laws providing for forfeiture of fees annulled 1134 A fee paid for a degree cannot be appropriated for dues Note to 1134 Money paid for degree, and brother suspended Note to 1134 Fee for medical examination may be retained 1135 Minimum fees for initiation and degrees must be paid. 1136 When fees should be returned 1 137 When candidate dies, fee should be returned 1 13S No part of minimum fee can be returned when candidate elected and initiated 1139 When reinstated after expulsion 1 140 Liability of charter members 1 141 When Lodges cannot charge fee for services 1142 Fees if initiate resides near another Lodge 1143^ Eflfect of failure to pay initiation fee 1144 Admitted for less than is due by error, balance should be charged against him 1145 When receipt of initiation fee may be reported. . 114& Initiation and degree fees prior to election 1147 Fees when candidate elected 1 148 Receipts for the evening 1146, 1147, 1148 Receipt and disposition of initiation fee 1 149 When degree fees should be entered on record 1150 By-Laws and disposition of fees 1 151 Suspended member after the lapse of more than one year 1152 As to fees for charter. See Charter; Supplies. As to Rebekah Lodges. See Rebekah Branch. FEIGNING SICKNESS: See oflfenses. PENCE: May use funds to construct, around burial ground 739 FINANCES AND FINANCE COMMITTEES: Committee on Finance of Grand Lodge 1 153 It is a regular committee 1 153 Appointed from members present at Grand Lodge session ; . . 1153 Committee on Finance— appointment and duties 1154 Claims against Grand Lodge 1 154 Claims against Odd Fellows' Home Fund 1154 To examine accounts of Grand Secretary, Grand Treasurer, Trus- tees and Trustees of Odd Fellows' Home 1154 Demands against Grand Lodge approved by Finance Committee. . . 1155 INDEX. 855 Finances and Finance Committees— Coniimied. Section. When so approved, G. M. orders Grand Treasurer to pay same 1155 Bank in which Grand Treasurer shall deposit moneys 1156 Finance Committee designates in writing the bank 1 156 It has power to change the bank 1 156 Inspection and examination of accounts, books, funds, etc., by Finance Committee 1 157 Duty of Finance Committee in regard to Trustees 1158 Grand Lodge Trustees to count the money and examine books, etc. 1159 Finance' Committee to ascertain deficiency, and assessments 1160 Majority of Finance Committee must be residents of same place as Grand Secretary 1161 No appropriation after Finance Committee's report adopted 1 162 Chairman of Finance Committee and Lodge's accounts, etc.. .2459, 2460 Noble Grand shall appoint a Finance Committee for the term 1163 Appointed on evening of installation 1163 Lodge's power over its financial affairs a delicate and sacred prero- gative ' 1164 Powers of Grand Lodge 1 165 Lodge expenditures and power of Grand Lodge 1 166 Effect of appointing a new Finance Committee 1 167 Fines on old Finance Committee after appointing new 1188 Duty to examine all bills and accounts 1168 This includes rent, salaries, etc 1168 Finance Committee may vote on its own report 310 Member of, cannot be also Trustee 2860 As to Committee in Rebekah Assembly and Lodges. See Bebekah Branch. FINANCIAL SECRETARY: See Officers. FINES: See Trials. Good standing and when thirteen weeks in arrears 1169 Neglect to pay for thirteen weeks in arrears 1169 Dues, fines and assessments not taken collectively 1169 Delinquency depends upon length of time delinquent and not amount 1 169 Payments, how applied 1 170 Applied on his general account unless otherwise directed 1 1.70 Applied to dues, assessments and fines in the order in which they become due 1170 This not applicable to fines in cases of charges 1 170 ]?*ines and penalties must be prescribed by the By-Laws 1171 A Rule of Order prescribing a fine is void 1171 Investigating Committee and no By-Law prescribing a fine 1172 Fines in oases of charges 1 173 Committee on condolence and fine 1 1 74 Remission of certain fines in discretion of Lodge 1175 856 INDEX. FINES— Continued. Section. Absence of oflScers — fines may be remitted, when 1176 Members of Visiting Committee and fine . . 1177 Neglect to visit each sick brother is a separate offense 1177 Physician who is an officer of a Lodge and tine 1 178 Officer who has resigned cannot be fined 1179 Appointed officers absent and fine 1 180 Officers absent and no quorum and fine 1181 Absence at roll call— ante-room 1182 When Lodge declared open, cannot refuse to admit officers who are in the ante-room 1182 Absent at roll call but in Lodge thereafter 1183 Eoll call and in ante-room 1184 Absence from the city as an excuse and funeral 1185 Police or civil officer and funeral 1186 Absence of members from Lodge and fine 1187 Spirit of our Order forbids fines upon members, not officers, for absence from Lodge 1187 Members of Finance Committee 1 188 Cannot make it obligatory for Junior Past Grand to perform duties of Chaplain 1189 Cannot fine Junior Past Grand for declining to perform duty of Chaplain 1 189 Cannot fine Junior Past Grand for absence 1190 Excuse for absence 1191 Officer in County but on his way home 1191 Absence from committee meeting on Sunday 1192 Cannot impose fine for such absence 1192 Cannot fine for absence from General Relief Committee on Sunday 1192 Cannot require prayer at opening and closing Lodge under penalties 1193 Funeral of a brother of another Lodge 1 194 Where Lodge has not charge of funeral 1 195 Intemperance of deceased no excuse for absence from funeral 1196 A brother leaving the city on day of funeral 1197 Absence of Grand Juror from funeral 1 198 Fines for absence at funerals 1199 Fines must be paid although funeral irregular 1200 Insufficient notice of funeral 1201 When funeral begins and ends 1202 Special preliminary and subsequent meetings in case of funerals 1202 Attendance at court 1203 Absence from city 1203 Funeral dues are fines or assessments on account of death or funeral 1204 Lodge only may excuse Noble Grand for absence 1205 Vice-Grand cannot 1205 As to fines in case of charges. See Trials. As to fines in case of reinstatement and readmission. See Mem- bership. INDEX. 857 FIREMAN: See Name of Lodge. Section. FISCAL YEAR: Of Grand Lodge commences April 1st and ends March 3l8t 1206 Grand Treasurer to close his accounts March 31st, annually 1207 FLAG: Odd Fellows' flag 1208 Of what to be composed and how made 1208 What letters and name to be on it 1208 Lodge may purchase an American flag 1209, FOOT RACES : See Funds. Lodge cannot appropriate its funds for 1219 FORFEITURE: As to charter. See Charter. As to fees. See Fees. As to benefits. See Benefits. FORMS: The forms are numbered and precede this Index, page 741. Annual Report of Grand Lodge to Sov. Grand Lodge, Form No. 1, page 741. Rebekah Annual Report of Grand Lodge to Sovereign Grand Lodge, Form No. 2, page 742. Annual Report of Grand Lodge to Sovereign Grand Lodge concern- ing Homes, Buildings, etc., Form No. 3, page 742. Annual Report of Trustees or Directors of Homes, etc. to Grand Lodge, Form No. 4, page 743. Semi-Annual Report of Subordinate Lodge, Form No. 5, page 744. Annual Relief Report of Subordinate Lodge, Form No. 6, page 747. Annual Property Report of Subordinate Lodge, Form No. 7, page 750. Semi- Annual Report of Rebekah Lodge, Form No. 8, page 751. Annual Report of Rebekah Lodge, Form No. 9, page 752. Charter of Subordinate Lodge, Form No. 10, page 755. Petition for Warrant for Subordinate Lodge with Directions and Instructions relative thereto. Form No. 11, page 755. Warrant or Dispensation for Subordinate Lodge, Form No. 12, page 757. Commission to Organize New Lodge, Form No. 13, page 758. Dispensation to Continue Work where Charter has been Destroyed, Form No. 14, page 758. Charter for Rebekah Lodge, Form No. 15, page 759. Petition for Warrant for a Rebekah Lodge, with Directions and In- structions relative thereto. Form No. 16, page 760. Warrant or Dispensation for Rebekah Lodge, Form No. 17, page 761. 858 INDEX. FORMS— Continued. Section. Warrant for ConsolidatiDg Lodges, Form No. 18, page 762. Actions by Lodges on Consolidation and Certificates, Forms Nos. 19 and 20, page 763. Certiticate to Member of Lodge that has Surrendered its Charter, Form No, 21, page 764. Commission of District Deputy Grand Master, Form No. 22. page 765. Commission of District Deputy Grand Master for Kebekah Lodges, Form No. 2.3, page 765. Dispensation from District Deputy Grand Master, Form No. 24, page 766. Certificate for District Deputy Grand Master to obtain Password, Form No. 25, page 767. Certificate on Application for Admission to Odd Fellows' Home, Form No. 26 page 767. Medical Certiticate for Admission to Odd Fellows' Home, Form No. 27, page 768. Application for Admission to the I. O. O. F. Orphans' Home, Form No. 28, page 769. Certificate of Deceased Father's Standing, Form No. 28a, page 770. Certificate of Deceased Mother's Standing, Form No. 28b, page 770. Certificate of Life Membership in Odd Fellows' Home, Form No. 29, page 771. Certificate of Past Grand, Form No. 30, page 771. Certificate of Representatives, Form No. 31, page 771. Certificate to Confer the Degrees, Form No. .32, page 772. Certificate of Standing and grade in Lodge, Form No. 33, page 772. Order for Semi- Annual Password, Form No. 34, page 772. Order for Annual Traveling Password, Form No. 35, page 773. Order for Semi-Annual Password for Rebekah Lodges, Form No. 36, page 774. Order for Annual Password used as a Traveling Password, Form No. 37, page 774. Circular authorizing Application of Lodge for Assistance, Form No. 38, page 774. Proposition for Membership in Subordinate Lodge, Form No. 39, page 775. Report of Investigating Committee, Form No. 40, page 775. Physician's Certiticate of Examination of Candidate for Membership, Form No. 41, page 776. Proposition for Membership in Rebekah Lodge with Certificate of Membership in Subordinate Lodge, Form No. 42, page 776. Report of Investigating Committee, Form No. 43, page 777. Bond for the Officers of the Grand Lodge, Form No. 44, page 778. Bond of Trustees of Subordinate Lodge, Form No. 45, page 779. Bond of Treasurer of Subordinate Lodge, Form No. 46, page 779. Charges, Form No. 47, page 780. Summons, Form No. 48, page 781. . INDEX. 859 FORMS— Coniinwed. Section. Certificate of Service of Summons, Form No. 49, page 781. Admission of Service of Summons, Form No. 50, page 782. Subpoena, Form No. 51, page 782. Certificate of Service of Subpoena, Form No. 52, page 782. Acceptance of Service of Subpoena, Form No. 53, page 782. Report of Trial Committee, Form No. 54, page 782. Notice of Filing Report of Trial Committee, Form No. 55, page 783. Certificate of Service of Notice of Filing Report, Form No. 56, page 783. Bill of Exceptions, Form No. 57, page 783. Notice of Appeal, Form No. 58, page 784. Visiting Card, Form No. 59, page 784. Withdrawal Card, Form No. 60, page 785. Rebekah Visiting Card, Form No. 61, page 786. Rebekah Withdrawal Card, Form No. 62, page 786. Dismissal Certificate, Form No. 63, page 787. Rebekah Dismissal Certificate, Form No. 64, page 787. Official Certificate, Form No. 65, page 788. FRAMES: May use funds for frames for charters and pictures 1218 FRAUD: As to offenses. See Offenses. As to benefits. See Benefits. As to initiation and membership. See Membership. As to relief. See Relief and Relief Committees. FUNDS AND PROPERTY: Lodge funds and property are a trust fund 1210 Devoted solely to the charitable uses of the I. O. O. F 1210 And legitimate expenditures for Lodge purposes 1210 And for advancement of interests of Lodge and Order 1210 And the uses and purposes mentioned in Section 2, Article IX, Con- stitution of Subordinates 1210 Cannot be divided among the members 1210 All attempts to divert them or appropriate them to other objects or purposes, illegal Note to 1210 And in violation of the trust Note to 1210 When Lodge discontinues, etc., must be delivered up to and paid over to Grand Lodge Note to 1210 Treasurer or Trustee cannot borrow or use 1211 Treasurer or Trustee cannot become surety for the same 1211 Shall not be loaned to a member of the Lodge 1212 Shall not be diverted from their uses Note to 1212 Shall not be loaned without ample security Note to 1212 Shall not be loaned without reasonable interest Note to 1212 860 INDEX. FUNDS AND PROPERTY— Co?i«m(ed. Section. Lodge may loan or make terms of investment subject to general or local law restrictions Note to 1212 Officers having care of, must give bonds, with sureties 1213 Lodge may provide for accepting guarantee of incorporated secur- ity company 1213 In case of surrender or forfeiture of charter 1214 Lodge may invest surplus funds in stock 1215 In loan and trust company, or other moneyed enterprise 1215 May buy stock in Odd Fellows' Hall Association 1216 Although used for other than Odd Fellow purposes 1216 For services rendered or materials furnished 1217 May purchase real estate 1218 May build halls 1218 May buy costly frames for charters and pictures 1218 May buy albums for same purpose 1218 And many other such articles 1218 Building of road to Lodge's hall 1219 Cannot donate, to help build electric railway 1220 Cannot donate a bonus to build a railroad ... 1221 Purchase of robes and costumes of officers are current expenses 1222 May donate to brothers in ill health 1223 May donate to assist new Lodges 1224 May donate to member in arrears 1225 May donate to widow of deceased brother who was not in good standing 1226 May donate to reimburse fees and dues 1227 May donate to reimburse fees and dues of minister 1227 May donate to relieve members not in good standing 1228 May donate to aid children of deceased brother who was in arrears. 1229 May use its funds to compromise a financial question. . ,1230, 2425, 2454 May donate to a brother to settle his accounts 1231 May donate to assist Eebekah Lodge 1232 May donate to relieve wife of member of another Lodge 1233 How Trustees to keep funds invested 1234 Two-thirds vote to approve same 1234 Or may deposit the same in savings bank 1234 Other securities do not include a promissory note 1234a Loss of funds in bank and Treasurer 1235 Lodge's control to release Treasurer 1235 Cannot use funds for jewel for member 1236 Cannot pay fare of its members on excursion-picnic 1237 The Contingent or Special five per cent, fund 1238 May by By-Laws provide for such fund 1238 May be used in paying necessary and proper obligations not in- cluded in Section 1, Article IX, Constitution of Subordinates. 1238 Grand Lodges may permit Subordinate and Rebekah Lodges to set aside five per cent, of their receipts for dues as a contingent fund Note to 1238 INDEX. 861 FUNDS AND PROPERTY— Continued. Section. From Contingent Fund may pay necessary and proper obligations which Lodges cannot under existing laws Note to 1238 Lodge may have such contingent or special fund to use for parties, entertainments, suppers, etc 1239 Cannot use general fund for such purposes 1239 Contingent or special tive per cent, is a separate fund 1240 Lodge without the Contingent Fund cannot use funds for cigars. . . 1241 Cannot spend for dishes unless By-Laws provide Contingent Fund 1242 Cannot use funds for supper or banquet on installation night in ab- sence of Contingent Fund 1243 Certain moneys placed in General Fund cannot be drawn ont and placed in another fund 1244 Celebration fund may be created by donation 1245 Donations to Lodge, how entered in books 1246 May appropriate funds for certain purposes 1247 For care of the sick and burial of the dead 1247 For nurses and benefits to brothers and widows. 1247 Educating the orphan 1247 May provide suitable Lodge-room and defray necessary expenses. . 1247 Cannot divert funds to purposes foreign to the purposes of the Order 1247 Lodge's power over its financial affairs Note to 1247 Lodge's duty Note to 1247 Necessary expenses and beneficence and charity 1248 Charities of the Order 1249 Charities outside of Order, by voluntary contributions 1249 May assist an Ancient Odd Fellow 1250 National Sanitary Commission 1251 May appropriate, to place a brother in good standing 1252 May pay expenses of District Deputy Grand Masters 1253 May defray reasonable expenses of representatives 1254 When may pay funeral expenses of person not an Odd Fellow 1255 May expend for burial of suspended member 1256 Carriage hire at funerals 1257 Public libraries and Odd Fellows' libraries , 1258 May use for celebrating anniversary of Odd Fellowship 1259 For that purpose may hire halls, pay for printing, procuring orators, etc Note to 1259 Mnsio and parade at anniversary 1260 Parties, balls, picnics, excursions and banquets at anniversaries.. . 1261 Collation and dance and music in connection with dance at anni- versary 1261 Certain literary and musical entertainment 1261 Memorial services 1262 May hire watchers to watch with its own or transient members 1263 Orphans of Odd Fellows, when not objects of charity 1264 Music and transportation of orchestra. 1266 Cannot appropriate for music at funeral 1266 862 INDEX. FUNDS AND PB.OF'ERTY— Continued. Section. Kefreshments, transportation, music, balls and other amusements. 1267 Dinners and refreshments 1268 Foot races, bicycle races and candy 1269 Social entertainment and banquet 1270 Cannot use for entertainment of Grand Lodge Officers and Repre- sentatives 1271 Cannot use for celebrating Lodge anniversary 1271 Supper or banquet at installation or Lodge anniversary 1272 Improper resolution— refreshments 1273 Cannot use for reward for arrest and conviction of a person 1274 Social reunions and Lodge anniversaries 1275 Charitable purposes not connected with the I. O. O. F 1276 Brother no right to pay himself from Lodge funds 1277 Banquet at visitation of Grand Master or Grand Officer 1278 Prize drills by Patriarchs' Militant 1279 Cannot pay debts of deceased brother 1280 Bedress for illegal appropriation— appeal 1281 May donate for necessary and appropriate paraphernalia for Ee- bekah Lodge 1282 Cannot buy tickets for concert or ball for such purpose 1282 No appropriation by Grand Lodge after report of Finance Committee 1162 Lodge may agree to pay an organist a stipulated sum for the term., 1283 As to cemetery and matters appertaining thereto. See Cemetery. As to monuments, head stones, etc. See Cemetery. As to road to or fence around cemetery. See Cemetery. To hold funds in trust, etc. See Trustees. As to deeds, mortgages, sale and purchase of property. See Proper- ty of the Lodge. As to surrender or forfeiture of charter. See Charter. As to offenses. See Offenses. As to Rebekah Lodges. See Rebekah Branch. FUNERAL: Lodge not required to open in due form for funeral 1284 Noble Grand may open and close his Lodge in regular form . Note to 1284 But he is not required to do so Note to 1284 Suicide and honors of the Order 1285 Brother in arrears and funeral honors 1286 Cannot use regular funds for music at funeral 1266 Brothers not in good standing ... 1287 No right to bury former member with funeral ceremonies 1288 Lodge cannot attend funeral of Ancient Odd Fellow, and conduct services according to our Ritual 1289 Lodge should not attend non-member's funeral in regalia 1290 May use funds to bury suspended member 1291 When may donate to bury a person not an Odd Fellow 1255 But cannot bury suspended member with our funeral ceremonies. . 1291 INDEX. 863 FUNERAL— Continued. Section. Not obliged to attend funeral of suspended member 1292 Where deceased has a Withdrawal Card 1293 When Subordinate Lodge funeral ceremony to be used 1294 When Lodge may attend by a committee 1295 Funeral service 1296 Form of funeral service and procession are found in the Book of Forms 1296 Form of prayer and service must be strictly adhered to 1296 No other can be used 1296 Except in service at Lodge-room, house or church, an extemporane- ous prayer may be had 1296 Rebekah funeral service 1296 Action where funeral conducted by church 1297 When Subordinate Lodge may conduct funeral services 1298 When Encampment may conduct funeral services 1298 The use of the full regalia discountenanced 1299, 1300 Grand Lodge recommends Grand Master to refuse dispensations for regalia 1301 To appear in full regalia a dispensation is necessary 1302 With dispensation may appear in full regalia and funeral regalia or in full regalia Note to 1302 Funeral regalia \ 1303 As to Rebehuh Lodges. See Rebekah Branch. FUNERAL ASSESSMENTS OR TAX: See Assessments. FUNERAL BENEFITS AND EXPENSES: See Benefits. FUNERAL CEREMONIES OF SUBORDINATE AND REBEKAH LODGES: See Supplies. FUNERAL COMMITTEE: See Fines. When Lodge may bury the dead by committee 1295 FUNERAL DUES: Are tines or assessments on acoonnt of death or funeral 1204 FUNERAL FINE: See Flues. FUNERAL REGALIA: Of brothers and officers 1303 GAMBLER: A professional gambler ineligible to membership 1424 Keeper of gambling-honse ineligible to membership 143 8 864 INDEX. GAMBLING: Section. Meaning of, in a By-Law 1305 GAMBLING-HOUSE : One engaged therein not eligible to membership 1439 GENERAL MINIMUM BENEFIT LAW: See Benefits. GENERAL RELIEF COMMITTEE: See Belief and Belief Committees. GERMAN LODGES AND LANGUAGE: Certain German Lodges authorized to keep their minutes in Ger- man language 1306 German Lodges may be constituted special districts 1307 District Deputies for German Lodges who understand German and English 1307 Any Lodge working in German language may work in English language 1308 Initiation in German by English speaking Lodge 1309 All appeals must be in Euglish language 1310 As to Bebekah Lodges. See Bebekah Branch. GIFT ENTERPRISE: See Lottery. GOD: See Eeligion. GOOD OF THE ORDER: What is permissible under this head 1311 Bight of a brother to speak 1312 Motions may be made and business transacted 1313 Matter that has been referred to a committee ^ 1314 Matter ordered to lie on the table 1315 Brother may speak concerning charges 1316 GOOD STANDING: Defined 1317 Term good standing, how interpreted 1318 Benefits, voting and semi-annual password 1319 Standing and promissory note for dues 1320 When brother cannot get out of standing 1321 Arrears and partial payment 1322 Having the semi-annual password 1323 Lodge cannot recognize a brother, when 1324 Business purpose and certificate of good standing 1325 When may appropriate its funds to place brother in 1252 As to dues. See Dues. As to benefits. See Benefits. INDEX. 865 GOOD TEMPLARS: See Ballot and Voting. Section. GOVERNMENT: See Secrets; Fines. GRAND ARMY OP THE REPUBLIC: When Lodge may donate lot in Odd Fellows' Cemetery to 2082 GRAND CONDUCTOR: See Officers. GRAND CHAPLAIN: See Officers. GRAND ENCAMPMENT: See Encampment. GRAND GUARDIAN: See Officers. GRAND HERALD: See Officers. GRAND JUROR: When may be lined for absence from Funeral Committee 1198 GRAND LODGE: Its name, style and title 1326 How composed 1326 Its jurisdiction 1327 The Supreme Tribunal in this State 1327 Grand legislative head of the Order in this State 1328 Admission of Past Grands as members 1329 Past Grands admitted 1330 None but Past Grands in good standing admitted 1331 Not appropriate its funds for relief of suspended brother 1332 Expelled Past Grand cannot be admitted 1333 Team for exemplification of work, no appropriation therefor 1334 May exemplify degrees Note to 1334 May admit qualified members to exemplification Note to 1334 Brother admitted while reading minutes 6 No appropriation after report of Finance Committee 1162 Degree of Rebekah should not be rehearsed in 2173 GRAND LODGE DEGREE: See Degrees. GRAND LODGE DEGREE PASSWORD: A visiting Past Grand is not to be examined therein 2886 GRAND MARSHAL: See Officers. At Odd Fellows' celebrations need not be a Past Grand 1828 When present at installation, a brother cannot be appointed to act as 1791 65 866 INDEX. GRAND OFFICERS: See Officers. Section. GRAND OFFICERS PRO TEM: See Officers. GRANDMASTER: See Officers. GRAND REPRESENTATIVE: See Officers. GRAND SECRETARY: See Officers. GRAND SIRE: See Sovereign Grand Lodge. GRAND TREASURER: See Officers. "^ GRAND WARDEN: See Officers. GUARDIAN: See Officers. GUARDIAN OF PERSONS OR ESTATES: When benefits of insane brother paid to 399 Insane brother and absent guardian 399 Benefits of insane brothers, how paid and to whom 403 HABITS: Applicants for initiation must be of industrious habits 1335 HABITUAL DRUNKENNESS: Defined 1336 As to offenses. See Offenses. HALFBREEDS : See Membership; Rebekah Branch. HALLS: A certain certificate as to hall must accompany petition for a charter 770 Liquors excluded from halls under control of Subordinate Lodges.. 1412 May hire halls for celebrating anniversary of Order Note to 17 HALL ASSOCIATION: See Lottery. As to stock in. See Stock. HAND: As to membership. See Membership. As to officer. See Officer. HEADSTONES : See Cemetery. INDEX. 867 HEALTH : Se ction . Applicants for initiation must be of sound health 1337 As to membership. See Membership. As to benefits. See Benefits. As to applicant for degrees. See Degrees. HEARSAY: As to charges. See Trials. As to benefit investigations. See Benefits. HOLIDAY: Lodge may omit meetings on 2449 HOMES: See Odd Fellows' Home; Orphans' Home. HONORARY MEMBERSHIP: No honorary membership in the Order 1580 HONORS OF OFFICE: See Degrees; Rebekah Branch. HONORS OF THE ORDER: Grand Master entitled to, when 1338 When visiting in his official capacity 1338 Visit becomes official when he announces himself as Grand Master. 1338 When Grand Representative who is an elective Grand Officer is en- titled to Note to 1338 Grand Representative who is elective Grond Officer of a Grand Encampment Note to 1338 Grand Officers should address the chairs Note to 1338 Grand honors given immediately after their recognition 1338 Given to elective and Fast Grand officers visiting outside their jurisdictions , 1338 Grand Master when officially visiting 1339 Honors to District Deputy Grand Masters 1340 A Past Grand who is to install officers is not entitled to. .Note to 1340 A Subordinate Lodge visiting another Lodge not entitled to 1341 HOTELKEEPER: When and when not eligible to membership 1427 HUSBAND: See Bebekab Branch. IGNORANCE: Lodges not prohibited from initiating persons who cannot read and write 1448 ILLEGAL LODGE: Brothers not to visit illegal Lodge 1342 868 INDEX. IMMORAL CONDUCT: Section. Of sick brother and when entitled to watchers 1648 As to oflfenses. See Oflfenses. As to benefits. See Benefits; Nurse; Widow. INCORPORATION: Of Lodges prohibited 1343 Reasons why should not incorporate 1343 Lodges must disincorporate 1344 The subject of the incorporation of Grand Lodge and Subordinates 1345 Legislation and actions of the Grand Lodge 1345 Constitutionality of certain State laws called in question 1345 Legality of incoi'porating act called in question 1345 Reports of committees 1345 Civil Code, title XII, part IX, division 1, in regard thereto 1345 INDECENT BEHAVIOR: See Oflfenses. INDECENT LANGtr AGE: See Oflfenses. INDEPENDENCE DAY: May omit Lodge meetings on 2449 INDIAN: No Indian or half-breed can become a member of the Order. . . 1433, 1434 Nor can one having any trace of Indian blood 1435 An Indian who has been admitted cannot visit a Lodge Note to 2871 His admission was illegal Note to 2871 As to Eebekah Lodges. See Kebekah Branch. INITIALS OP THE ORDER: See Emblems. Not to be used in private business, 1119, 1120 Nor in advertisements 1119, 1120 INITIATION: When begins and ends 1346 Not lawful to initiate one candidate and permit others to sit and witness it 1346a All must pass through the ceremony 1346a Past Grand's charge and initiatory grip 1346a May initiate more than one at a time 1347 Must be initiated in Lodge which elects applicant. 1348 May take place at special meeting . 1348 The recognized mode 1349 When brother may leave during initiation 1350 When Noble Grand and Vice-Grand absent 1503 Prayer is no part of initiation and not admissible 2077 INDEX. 869 INITIATION— ConfiMMcd. Section. No permission should be granted for English-speaking Lodge to initiate in German 1309 As to membership. See Membership. As to charges and lectures. See Charges and Lectures. As to Rebekah Lodges. See Rebekah Branch. INITIATION FEB: See Fees; Rebekah Branch. INITIATORY DEGREE: See Degrees. It is a degree of Odd Fellowship 984 INITIATORY MEMBER: Admitted to his Lodge when open in Initiatory Degree 8 Is eligible to membership in Rebekah Lodge Note to 2159 As to degrees. See Degrees. As to benefits. See Benefits. As to funeral expenses and benefits. See Benefits. INSANE: In good standing entitled to benefits 398 When in an asylum 398 Same benefits to insane as to other sick brothers Note to 398 In exclusive charge of State Lunatic Asylum Note to 398 When supported by State entitled to benefits Note to 398 When benefits of paid to guardian 399 Insane brother and absent guardian • 400 While living benefits must be paid 401 Attempted suicide while insane 402 Attempted suicide while of sound mind 402 Benefits of insane brother how paid and to whom 403 Cannot cease membership for non-payment of dues while insane. . 1104 He is entitled to attentive benefits 1111 He must be kept on the roll of members 1111 Cannot suspend him for non-payment of dues, though not entitled to benefits 1111 He is not entitled to the A. T. P. W 2013 INSIDE GUARDIAN: See Officers. INSOLVENT: When an insolvent under certain circumstances refuses to pay his obligations, etc 1706 With fraudulent intent buying goods, etc 1739 (29) INSPECTION: See Appeals. Appellant has right to inspect records, etc 32, 33 870 INDEX. INSTALLATION : Section. Grand Officers installed last day of session 1351 Provided by four-fifths vote may install at any time 1351 Absence of Grand Master and Past Grand Master 1351 A Past Grand cannot install Grand Officers Note to 1351 Obligations can only be administered by those who have taken them Note to 1351 Grand Lodge may open in Scarlet Degree at installation. . .Note to 1351 When Sul^ordinate Lodge officers installed 1352 When may be deferred one week 1352 When special meeting may be called 1352 When District Deputy Grand Master installs 1353 Duty and privilege of Grand Master to install Note to 1353 Grand Master may officiate at installations Note to 1353 On such occasions may take chair of N. G Note to 1353 When Past Grand may install 1354 When Past Grand may install to fill a vacancy 1355 Past G. must examine and find the brother proficient in the work.. 1356 Noble Grand and Vice-Grand must know unwritten work 1357 D. D. G. M. must refuse to install till they are proficient in the work 1357 District Deputy must pass upon the qualifications of officers-elect . 1358 And upon their proficiency in the work 1358 When Noble Grand not proficient in work, D. D. G. M. should de- clare Lodge open for nomination and election of a Noble Grand 1359 D. D. G. M. may, at request of Lodge, defer installation 1359 Election of another, when Noble Grand not proficient in work. 1360, 1361 Officers cannot be installed by proxy 1362 Noble Grand absent, may elect another Noble Grand 1362 D. D. G. M. may install officers when Noble Grand-elect absent, and install Noble Grand later 1362 Illegal to install any one not legally elected 1363 When Noble Grand-elect absent 1364 Unlawful to install before first regular meeting of term 1365 When installation may be deferred. , 1366 When may install at special'meeting 1366 Arrangement with District Deputy Grand Master to install 1367 When Past Grand may install 1367 Duty of D. D. G. M. to install and communicate password 1368 When installed in absence of D. D. G. M., still his duty to visit Lodge or officers and communicate password 1368 Charges preferred after election 1369 Undecided charges do not aflfect installation 1370 When must install officer — Crime 1800 When Noble Grand may install officers 1371 Officers who hold for a year 1372 When such officers may be publicly installed again 1373 Cannot install officers of two Lodges together, except 1^74 May be joint public installation 1374 Loss of ritual 1375 INDEX. 871 INSTALLATION— Continued. Section, Public installation and by whom conducted 1376 Installation outside of Lodge-room Note to 1376 Lodge should not close in regular form before public installa- tion Note to 1376 But " ordinary ceremonies being suspended " the doors are open- ed Note to 1376 After installation Grand Officers and all but members retire . Note to 1376 Then the Lodge closes in form Note to 1376 Irregular public installation Note to 1376 Joint public installations 1377 Rebekah and Subordinate Lodge may hold joint public installation. 1377a At Public installations, Elective Grand Officers have precedence of District Deputy Grand Master 1378 Grand Lodge assessments and semi-annual reports 1379 Must be paid to District Deputy Grand Master before installation.. 1379 No right to installation till semi-annual reports in hands of install- ing officers 1379 Must be open in Third Degree 1380 Officers retiring with Grand Marshal for examination must address the chairs 1380, 1381 Officers elect entering or retiring 1381 Officers elect after examination, entering, do not address the chairs. 1381 Officers must be clear of pecuniary charges 1382 Not to install officers till Sections 2 and 3, Article IX, Constitution of Subordinates are complied with ^ 1383 Objections to legality of election 1384 Duty in such cases of Grand Master 1384 When Grand Master orders a new election Note to 1384 During such election no question to be put to the Lodge. . .Note to 1384 When Grand Officers are acting as such may vote Note to 1384 Objections us to illegal votes 1385 What language Lodge to be installed in 1386 Foreign language and District Deputy 1387 Absence of Vice-Grand 1388 When Past Grand may install Vice-Grand 1388 Grand Master and District Deputy Grand Master and regalia 1389 Patriarch Militant while installing officer cannot wear regalia of Patriarch Militant 1389 District Deputy Grand Master not to install Recording Secretary till Lodge ha.s seal 1390 Except at institution 1390 When District Deputy Grand Master may be removed 1391 May be removed for installing the Noble Grand or Vice-Grand who has not committed to memory charges and secret work 1391 Retiring Noble Grand need not be installed Past Grand 1392 When Vice-Grand cannot qualify. District Deputy Grand Master may declare the office vacant 1393 872 INDEX. INSTALLATION— Con^jiwed. Section. May cause nomination and election of Vice-Grand 1393 Installing ofi&cer how addressed 1394 Grand Marshal present, a brother cannot be appointed to act as — 1791 As to defraying expenses of D. D. G. M. See Funds. As to Rebekah Lodges. See Rebekah Branch. INSTITUTION OF LODGE: See Charter; Rebekah Branch. INSTRUCTIONS: Lodges must obey official instructions of Grand Master 895 As to instructions to representatives. See Representatives. As to instructions in the work. See Work of the Order. INSULTING LANGUAGE: See Offenses. INSURANCE: Lodges should insure their property , 1395 INTEMPERANCE: See Liquors; Offenses; Benefits. INTENT: See Offenses. INTOXICATING BEVERAGES: See Liquors. INTOXICATION: See Offenses; Benefits. INVESTIGATING COMMITTEE: As to claim for benefits. See Benefits. As to application for membership. See Membership; Rebekah Branch. As to charges. See Trials. INVESTMENTS: The funds of a Lodge may be invested 1.396 As to funds. See Funds. As to duties of Trustees. See Trustees. INVITATIONS: Not accepted by Grand Lodge for social festivities, when 20 JAPANESE: Not eligible for membership 1437 JEWELS : Lodge must furnish for its officers 1397 Jewels of officers of Grand Lodge Note to 1397 Jewel of Past Grand Master Note to 1«397 Jewels of officers of Subordinate Lodge Note to 1397 INDEX. 873 J'EWEJ-tS— Continued. Section. Jewel of District Deputy Grand Master .. Note to 1397 Jewel for Past Grand Note to 1397 Of what composed and size Note to 1397 All officers must wear jewels 1398 Must not be wrought in the regalia Note to 1398 Grand Lodge will present each retiring Grand Master with a Past Grand Master's jewel 1399 Veteran Jewel I. O. O. F 1400 Cannot expend Lodge funds for jewel for member 1236 When Grand Master to wear regalia and jewel 1743 Regalia and jewel to be worn by D. D. G. M Note to 1781 As to Bebekah Branch. See Hebekah Branch. JOURNAL OP PROCEEDINGS. One copy to be sent by Grand Secretary to each Lodge 1401 Grand Secretary to furnish to certain committees 1758 None but Odd Fellows to inspect except 1402 As legal information and authority 1403 Journals for District Deputies 1404 Sov. Grand Lodge Journal should be in possession of each Lodge. . 1405 State Grand Lodge Journals kept in Odd Fellows' Library, S. F. . . 1406 Suspension for non-payment of dues not to be published in 1108 Duty of District Deputy Grand Master 1794 As to secret journal. See Secret Journal. As to obituary tablet. See Obituary Tablet. JOURNALS OP SOVEREIGN GRAND LODGE AND GRAND LODGE: See Supplies. JUDGMENT: Prior judgment in benefit investigation as evidence 486 In matter of charges. See Trials. In matter of benefit investigation. See Benefits. In matter 6f appeals. See Appeals. When judgment of Lodge final; when subject to appeal. See Appeals. When judgment of Grand Lodge final, and when subject to appeal. See Appeals. JUNIOR PAST GRAND: Acting Past Grand, duties of 1941 To attend all regular meetings 1941 To deliver the charge of his office 1941 To act as Outside Ck>ndnotor 1941 Need not perform duties of Chaplain 1942 He is not strictly an officer 1943 Oannot be fined for non-attendance 1943 874 INDEX. JUNIOR PAST QBAND—CoiUinued. Section. Duty to occupy chair of Past Grand for one term ... 1943 Duty to deliver Past Grand's charge 1943 Duty to prefer charges if officer lose Kitual 758 May be elected a Representative 2380 JURISDICTION: See Trials. JUROR: When Grand Juror may be fined for absence from funeral committee 1198 JURY: As to verdict of jury. See Trials. KEEPER OP GAMBLING-HOUSE: As to membership. See Membership. As to offenses. See Offenses. KEEPER OP LIQUOR-SALOON: As to membership. See Membership. As to offenses. See Offenses. LABORER: See Name of Lodge. LANGUAGE: Minutes of certain German Lodges may be kept in German 1306 In what language officers to be installed 1386 When D. D. G. M. does not understand foreign language 1386 District Deputies for German Lodges. 1307 Appeal must be in English language 1310 Candidates and language of Lodge 1447 German Lodges may work in English language 1308 Knowlege of the language and initiation . . 1447 LAWS: General Laws of Sovereign Grand Lodge take effect January 1st after their passage 827 Sovereign Grand Lodge Constitution and laws the supreme law. 891, 825 As to questions. See Questions. LAWS OP SUBORDINATES, COMMITTEE ON: See By-Laws. LAWS OP REBEKAH LODGES, COMMITTEE ON, IN REBEKAH ASSEMBLY: See Rebekah Branch. LAWYER: See Counsel; Trials; Benefits as to benefit investigation. INDEX. 875 LECTURES: Section. Lectures on Odd Fellowship may be given 1407 May deliver essays or addresses on Odd Fellowship in Lodge . Note to 1407 Lectures. See Charges and Lectures. LEDGERS: See Supplies. LEGAL REPRESENTATIVES: See Executors and Adminis- trators; Guardian; Benefits. LEGAL TENDER NOTES: See Offenses. - LEGISLATION: Committee on Legislation of Grand Lodge, and its duties 1408 It is a regular committee 1409 Appointed at each annual G. Lodge session from members present. . 1409 As to Committee in Rebekah Assembly. See Rebekah Branch. LETTER : See Renunciation of the Order. LETTERHEADS: See Supplies. LIAR: See Oflfenses. LIBEL: See Oflfenses; Character; Trials. LIBERTINE: See Oflfenses. LIBRARIES, ODD FELLOWS: Lodges recommended to establish 1410 Donations and subscriptions to establish and support 1411 Grand Lodge approves establishment and support of 1411 Not legitimate to require dues for support of public library. Note to 1411 As to lotteries. See Lottery. LIB: See Oflfenses. . LIFE MEMBERSHIP: No life membership in the Order . . 1579 Life membership in Odd Fellows' Home, (Rule IX) 1674 LIMB: See Membership. LIMITATIONS: Within what time charges must be preferred... 2511a No bar to murder and certain oflfenses 2511a Owing money to Lodge and Statute of Limitations 1706 876 INDEX. LIQUORS: * Section. Prohibited iu Lodge-rooms, ante-rooms and halls 1412 Lodges cannot abridge the liberties of the citizen Note to 1412 Nor dictate what he shall eat or drink Note to 1412 Drunkenness incompatible with our principles Note to 1412 Our Order does not restrict or regulate the beverage of members Note to 1412 Temperance is a cardinal principle Note to 1412 Our Order does not enforce total abstinence Note to 1412 Celebrations, anniversaries, ball and parties 1413 Where regalia worn or name of Order assumed, not without con- sent of Grand Master '. 1413 Lodge must promise no intoxicating beverage will be offered 1413 When Lodge joins in public procession with other organizations . . 1413 Anniversaries, excursions, picnics, balls, parties and entertain- ments Note to 1413 No liquor at celebration given by Lodge or held in name of Order.. 1413a Nor at any entertainment, banquet, supper or repast in such cases. 1413a A Lodge rents a store-room for a saloon 1414 A saloon-keeper 1415 Prohibition of their sale is a political question 1416 As to offenses. See Offenses. LIQUOR SALOON: Lodge renting store-room for 1414 When saloon connected with business 1424 LOAN: See Funds; Grand Master; Trustees. Lodge funds shall not be loaned to a member 1212 LOAN ASSOCIATION: See Emblems. Not to use name, emblems or initials of the Order 1119 LOAN AND TRUST COMPANY: Lodge may invest funds in 1215 LOCATION OP LODGE: Cannot be changed without consent of Grand Lodge or Grand Master's dispensation 1417 Change from one city or town to another, dispensation necessary . 1037 Change from one hall to another in same city or town, no dispensa- tion required 1037 LODGE, DEGREE : See Degree Lodge. LODGE, GRAND : See Grand Lodge. LODGE, REBEKAH: See Eebekah Branch. LODGE, SOVEREIGN GRAND: See Sovereign G. Lodge. INDEX. 877 LODGE, SUBORDINATE: See Subordinate Lodge. Section". LOTTERY: Lotteries are prohibited 1418 No Lodge or organization of the Order to get up, engage in, or be interested in 1418 Nor in any gift enterprise 1418 Nor receive any emolument or benetit therefrom 1418 Not to use name of Order or Lodge to aid therein 1419 Nor of Odd Fellows' Hall, Library, Cemetery nor other association of the Order 1419 Offenders to be expelled 1419 Prohibited to sell tickets or hold raflfles 1420 LUNATIC: See Insane. MAJORITY REPORT: As to majority and minority report in matter of charges. See Trials. As to majority and minority reports on applications for member- ship. See Membership. As to majority and minority reports in benefit investigations. See Benefits. MANCHESTER UNITY: Members may be admitted to our Order by initiation. 1421 No communion between the two Orders Note to 142 No agreement or recognition for intervisitation Note to 1421 Odd Fellows may unite with any lawful society or association Note to 1421 MANDAMUS: G. Lodge no authority to issue to Subordinate Lodge as to benefits. 1422 MARRIED WOMAN: See Rebekah Branch. MARRIAGE: Of Odd Fellows' widows does not change Lodge's relation to chil- dren of former husband 1997 Where brother's mother marries and funeral benefits 555 Widow of Odd Fellow remarries and divorced does not restore to widowhood 602 As to Rebekah Lodges. See Rebekah Branch. M ARSH AL : See Officers; Rebekah Branch. MASONS: As to voting. See Ballot and Voting. As to funeral benefits and expenses. See Benefits. MATERIALS: .May appropriate funds for materials furnished 1217 878 INDEX. MEANS OP SUPPORT: Section. All candidates for initiation must have some respectable known means of support 1423 As to occupation or business. See Membership. As to offenses. See offenses. MEETINGS: Every meeting is a session 2448 Change of night of 1015, 1016, 1017, 2446, 2445 Change to once in two weeks... 1016 To change back 2445 Changing day or hour 2446 Must be held on week days only 2448 None on Sunday except for funeral purposes 2478 May omit meetings on holidays 2449 Need not attend committee meetings on Sunday 2479 Lodge fails to hold meetings for six months forfeits charter 793 Neither the Lodge or G. M. can dispense with regular meetings 2464 Nor authorize regular meetings on any other day than the regu- lar day 2464 Special meetings and balloting for membership 265 Neither Grand Lodge or G. M. can dispense with regular meetings. 1008 Special preliminary and subsequent meetings as to funerals and fines. 1202 District Deputy Grand Master and special meetings 1793 Subordinate Lodge may change location by dispensation 1417 Change from one town or body to another, dispensation required, . 1037 Change from one hall to another in same town or city, no dispen- sation required 1037 Special meetings and Degrees. See Degrees. Meetings of G. L. See Annual Communications; Special Sessions. MEMBERS' REGISTER for SUBORDINATE and RE- BEKAH LODGES: (Constitution Book): See Supplies. MEMBERSHIP: page. 1 . Qualifications for 879 2. Application for 880 3. By initiation 881 4. By deposit of Card or Certificate, or as Ancient Odd Fellow 882 5. Keinstatement and Eeadmission * 883 6. Non-Beneficial Members 884 7. Miscellaneous 884 8. As to Membership of Grand Lodge. See Grand Lodge; Business of Grand Lodge; Representatives. 9. As to membership of Degree Lodge. See Degree Lodge. 10. As to membership of Rebekah Lodge and Assembly. See Bebekah Branch. INDEX. 879 MEMBERSHIP— Continued. Section. 1. Qualifications for. Bace, age, health, character, habits, means of support, belief and residence 1423 Must be proposed in Lodge nearest his residence, except 1423 May be admitted to any Lodge in city or village 1423 Must reside in this jurisdiction 1423 Candidates from other States or Territories 1423 Saloonkeeper, bartender and professional gambler ineligible 1424 A saloon connected with business 1425 A barkeeper who takes a Withdrawal Card may become a member again 1426 When hotelkeeper may be admitted 1427 Saloonkeepers or bartenders who hold Grand Lodge Cards 1428 A druggist not a saloonkeeper 1429 A druggist who opens or tends bar 1430 Waiters in restaurants or hotels 1431 Waiters in dining-rooms of hotels 1432 Who are free white males 1433 Halfbreeds or males of mixed blood 1433 Indians, and Mexicans who are part Indian 1433 Halfbreed and white 1434 Indian blood 1435 Mexicans of white or Caucasian blood 1436 Descendants of Aztecs 1436 White Califomian and French 1437 Chinese, Polynesians and Japanese not eligible Note to 1437 Keeper of gambling house 1438 A business in violation of the laws of the State 1438 Engaged in gambling house or criminal business 1439 Age of applicant for initiation 1440 No maximum limit as to age 1441 Health and morals of applicant 1442 Lodge should satisfy itself of good health of applicant 1443 Signing the Constitution 1444 Cannot delegate another to sign the Constitution for him 1445 Religious belief 1446 No peculiarities of religious belief or practices required Note to 1446 Belief in Supreme Being essential Note to 1446 An atheist is disqualified Note to 1446 Knowledge of language Lodge works in 1447 Not prohibited from initiating persons who cannot read and write 1448 Totally deaf, dumb and blind should not be admitted 1449 Loss of limb 1449 Loss of right arm 1450 Haying only one eye 1451 Lodge must have its own committee's report on qualifications 1452 QualiHcations may be discussed, when 1463 880 . INDEX. MEMBERSHIP— Confinwed. Section. Only qualifications those prescribed by Sovereign Grand Lodge Constitution and Subordinate Lodge Constitution 1454 Cannot add additional qualification of six months residence 1454 Cannot prescribe as a qualification ability to read and write 1455 Physician's certificate of good health of applicant 1456 Form of doctor's certificate of examination of applicant prescribed by Grand Lodge 1457 Must be used, if any 1458 Prescribed Form. (Form No. 41) 1457 Lodge may add to Form prescribed by Grand Lodge 1458 Lodge may require physician's certificate even if By-Laws silent.. . 1459 Physician's certificate after favorable ballot 1460 Physician's certificate Lodge may require 1461 Certificate of any physician will answer, unless By-Laws otherwise provide 1461 Members of hostile societies 1462 Citizen of one State initiated in another 1463 A resident of adjoining State initiated in this State 1464 Bona fide resident eligible 1465 By-Laws cannot require a certain period of residence 1467 Cannot require six months residence of county 1467 Nor six months residence of State 1468 May be admitted to any Lodge in city or village 1469 Other cases apply to Lodge nearest his residence 1469 Or nearest his residence in his county or district 1469 Unless he obtain consent of all Lodges near his residence 1469 Resident of county, but lives nearer another Lodge in another county or district 1470 Eesidiug nearer another Lodge 1471 Hesiding nearer another Lodge and holding a card 1472 One who resigned residing nearer another Lodge 1473 Residence, distance, how computed 1474 Admitting one residing in another Lodge's jurisdiction 1475 In such case return of fee 1475 Applies to charter member 1475 What fee is to be returned 1475 Investigating Committee's duty as to residence 1476 2. Application for. Petition and election necessary in Lodge which receives the petition 1477 No other Lodge can admit and give the password 1477 Lodge cannot legally call special meeting to receive proposition and appoint committee on character Note to 1477 But the Grand Master, when present at a special meeting, may issue dispensation 1020, 1008 Consent of Lodge nearest residence necessary 1478 Procedure in such cases 1478 INDEX. 881 MEMBERSHIP— CojUiUMed. Section. To what Lodge petition should be presented 1479 In ease committee report applicant resides near another Lodge .... 1480 Decision of nearest Lodge tinal 1481 Lodge must appoint a Committee of Investigation 1482 When candidate may ask permission to withdraw his application. . 1482 Balloting for person after his application is withdrawn is null 1482 Vote to refer petition to an Investigating Committee not necessary 1483 Petition must not be laid over one year 1484 Where petition does not contain the name of the recommending brother 1485 Second petition by card must take same course as first 1486 Illegal to instruct committee to report forthwith and then ballot for and elect 1486 Majority of committee must act • 1487 A Lodge cannot act on a minority report or report signed by one. . 1487 DiflFerent reports from Investigation Committee 1488 Two members report, one favorably and one unfavorably, Lodge cannot legally ballot 1488 When petition may be withdrawn 1489 Penalty for misrepresentations in petition 1490 Form of application for membership 1491 A form prescribed by Sovereign Grand Lodge, but not mandatory.. 1491 Form of proposition for membership. (Form No. 39) 1492 Objections to candidate need not be stated 1493 Report of Investigating Committee must be in writing 1494 Form of report of committee. (Form No. 40) 1495 Lodge cannot receive petition for membership or act upon report at special meeting, except 1496 When dispensation in such case 1496 3. By Initiation. How proposed— committee — ballot 1497 Initiation on Sunday 1498 Initiation of an unworthy person . Note to 1498 The unworthy person may be expelled on charges Note to 1498 One illegally initialed Note to 1498 When guilty of fraud or misrepresentation, must be tried on charges Note to 1498 After resignation and not able to pass an examination in the work.. 1499 Initiation under an assumed name 1500 Loss of petition 1501 Cannot receive petition, elect and initiate same evening, except by dispensation 1502 When Past Grand may initiate 1503 Proceedings upon rejection 1504 Notice of rejection 1504 When application may be renewed 1504 56 882 INDEX. MEMBBRSHIP--Coni Deposit of money in bank and lost 1236 As to fees. See Fees. 7. Other Officers. Acting Past Grand, duties of 1941 To attend all regular meetings 1941 To deliver the charge of his office 1941 To act as Outside Conductor 1941 Need not perform the duties of Chaplain 1942 He is not strictly an officer ; 1943 And cannot be fined for non-attendance 1943 His duty to occupy chair of Past Grand for one term 194S His duty to deliver Past Grand's charge 1943 Duty to prefer charges if officer lose Eitual 758 Chaplain, Noble Grand may appoint 1944 Who opens and closes regular meetings with prayer 1944 To perform other duties 1944 Outside Guardian, his duties and compensation 1945 Outside Guardian and member without password 1946, 1947 Outside Guardian and visitor with card . 1947 Past Grand occupying chair and motions 1948 When Scarlet Degree member may act as Vice-Grand 1949 Scarlet Degree member cannot act as Vice-Grand at initiation 1949 When Right Supporter to Noble Grand presides 1950 May decide points of order and entertain motions 1950 May put questions and declare the result 1950 When Right Supporter to Vice-Grand may fill Vice-Grand's chair. . 1951 But not at initiations 1951 Warden, duties of 1952 As to Trustees. See Trustees. OFFICIAL CERTIFICATES: How designated 1953 Official receipts and Visiting Certiticates to be hereafter designated Official Certificates 1953 Issued when members pay dues and assessments and request receipt 1953 They are universal throughout the continent 1954 They are the only legal receipts for dues, assessments, fees, etc. . . . 1954 When holders may visit in another jurisdiction 1954 Sick or funeral benefits or relief not authorized thereby 1954 How issued and signed 1955 They are like a card 1956 Holder considered to hold a proper card 1966 Should be signed by holder in presence of officer, etc 1957 Most pay dues in advance to visit on 1958 912 INDEX. OFFICIAL CERTIFICATES— Continued. Section. Must pay dues in advance to receive annual traveling password 1958 In case of absence of brother paying dues in advance 1958 In such case entitled to order for annual traveling password 1958 When brother paying dues does not desire it, no certificate to issue 1959 Dues paid every meeting, he can demand one each time 1959 An ordinary receipt for dues is illegal 1959 No other form of receipt for dues can be used 1959 Grand Lodge no right to print such certificates 1960 Sovereign Grand Lodge has exclusive right 1960 Form of Official Certificate. (Form 65) 1961 Official Certificates. See Supplies. As to receipt. See Receipts. As to Eebekah Lodges. See Eebekah Branch. OPIUM PLACE: Keeping in violation of city ordinance is an offense 2537 ORATOR: Lodge may pay for orator for celebrating our anniversary. .Note to 17 OFFSET: See Dues; Benefits. ORDER, RULES AND QUESTIONS OF: page. 1. GrandLodge 912 2. Subordinate Lodge 912 1. Grand Lodge. May establish rules of order and suspend the same 1962 May suspend by two-thirds vote 1962 Grand Master's duly to preserve order 1963 Questions and decisions of order and appeal from Grand Master. . . 1964 Appeals debateable 1965 Vote by yeas and nays 1966 How called for; when taken 1966 When ayes and nays called, no motion in order 1967 Amendments to Subordinate Lodge Constitution, how proposed — 1968 Certain resolutions expire with the session 1969 When substitute accepted 1970 When substitute adopted 1971 Rules of order of Grand Lodge 1972 2. Subordinate Lodge. Who may put motion from Noble Grand's chair 1973 When Right Supporter to Noble Grand occupies Noble Grand's chair 1973 He may entertain motion, put question and declare result 1973 All questions must be stated from Noble Grand's chair 1974 All questions must be put to vote from Noble Grand's chair 1974 When and where Vice-Grand may put motion 1975 Noble Grand must put all questions of appeal 1976 When point of order against Noble Grand 1977 INDEX. 913 ORDER, RULES AND QUESTIONS OF— Continued. Section Presiding officer must be obeyed 1978 Appeal is mode of obtaining redress 1978 When Noble Grand cannot put Right Supporter in chair > 1979 Not to enable him to take part in debate 1979 Noble Grand may put question after he has taken part in debate. . . 1979 Enles of order cannot require two brothers to appeal 1980 Any member may appeal from ruling of Noble Grand 1980 Appeal from levy of assessment 171 When Lodge governed by parliamentary rules 1981 Should not offer or adopt unparliamentary motions 1982 No undignified motions 1982 Motion during reading of minutes 1983 By whom motion to reconsider may be made 1984 When two-thirds vote is required, and motion to reconsider . . 1895 ^Vhen two resolutions may be adopted at one time 1986 Vote upon amended motion 1987 When Noble Grand may declare motion out of order 1988 But he cannot refuse an appeal 1988 Rules of order cannot fix a fine 1989 Fines and penalties must be prescribed by By-Laws 1989 When committee out exainining candidates 1990 May open under another order of business 1990 Member offending against niles of order — charges 1991 When Noble Grand no right to take j>art in debate 1992 When no right to express an opinion 1992 When and how he may take part in debate 1992 SVhen Noble Grand may vacate chair to address Lodge 1993 Drafts for benefits 377 Brother's right to speak 2458 As to Good of the Order. See Good of the Order. As to Committee of the Whole. See Committee of the Whole. As to Noble Grand and presiding of&cer. See Noble Grand, under the head of OfiScers. ORDER FOR PASSWORDS: See Passwords; Supplies. ORDER ON TREASURER: See Draft. ORGANIST: Lodge may agree to pay a stipulated sum for term 1283 ORPHANS: Lodge may provide by By-Laws for orphan's fund 1994 Rights of orphans survive or perish with the brother's right 1995 They derive benefits through membership and good standing of father 1995 Their benefits cease when he ceases membership 1995 Or when he ceases to be a member in good standing 1995 58 . 914 INDEX. ORPHANS— Con/inwec?. Section. When father was in arrears more than twelve months 1996 Donations in such cases 1996 When widow marries -children of former husband 1997 Orphans removed to a distance from Lodge 1998 Orphans' fund cannot be diverted 1999 Cannot be merged into general fund 1999 A Grand Lodge cannot authorize this to be done 1999 Orphans of Odd Fellows when not objects of charity 1264 General Relief Committee and relief 2334 As to funds. See Funds. As to Eebekah Lodges. See Kebekah Branch. ORPHANS' HOME: Establishment and maintenance authorized 2000 Grand Lodge has authorized and invested Eebekah Assembly with power 2000 Power to elect Trustees, and full power 2000 Power of Rebekah Assembly to levy per capita tax 2000 Originated by Eebekah Assembly Note to 2000 Deed of Endowment 2001 When corner-stone laid 2001 When dedicated 2001 Foi-m of annual report of Trustees (Form No. 4) 2002 Form, annual report, Grand Lodge to S. G. L. (Form No. 3) 2003 Rules and Regulations for its management 2004 Name— I. O. O. F. Orphans' Home of California (Rule 1), page 484. Objects of the Home (Rule 2), page 484. By whom established, etc. (Rule 3), page 484. Under control and management of a Board (Rule 4), page 485. Trustees of the I. O. O. F. Orphans' Home (Rule 4), page 485. Election of Trustees— vacancies (Rule 5), page 485. Term of Trustees (Rule 5), page 485. Powers of Trustees (Rule 6"), page 485. Traveling expenses (Rule 6), page 485. No compensation for services of Trustee (Rule 6), page 485. L O. O. F. Orphans' Home Fund (Rule 7), page 486. Report of Trustees (Rule 7), page 486. Officers (Rule 8), page 486. Duties of President and Vice President (Rule 9), page 486. Duties of Secretary (Rule 10), page 486. Duties of Treasurer (Rule 11), page 486. Meetings (Rule 12), page 487. Quorum (Rule 13), page 487. Order of business (Rule 14), page 487. Superintendent or Matron (Rule 15), page 488. Duties of Superintendent or Matron (Rule 16), page 488. Who admitted to the Home (Rule 17), page 488. INDEX. 915 ORPHANS' B.OM^— Continued. Section. Odd Fellows of other jurisdictions (Rule 18), page 489. Application for admission — Transportation (Rule 19), page 489. Duty of parent or guardian (Rule 20), page 489. Marriage of parent (Rule 21), page 489. Control and education of children ^Rule 22), page 489. Object of education — Work of the Home (Rule 23), page 490. Placing children in individual homes (Rule 24), page 490. Misrepresentation (Rule 25), page 490. Rules of discipline (Rule 26), page 490, Amendment to rules (Rule 27), page 490. Form of application for admission (Form No. 28) 2005 Certificate of deceased father's standing (Form No. 28a) 2005 Certificate of deceased mother's standing (Form No. 28b) 2005 Rebekah Lodges to aid in establishing and maintaining such Home 2097 OUTSIDE GUARDIAN: See Officers. PARADE: See Anniversary; Procession. PARAPHERNALIA : See Work of the Order. PARDON: No law investing Grand Lodge with pardoning power 2006 Nor Grand Master 2006 PARLIAMENTARY LAW AND RULES: When Lodge governed by 1981 As to questions and rules of order. See Order, Rules and Ques- tions of. PARTIES: When permission required 2(X)7 When regalia and emblems are used 2007 When the name of the Order is assumed 2007 Must promise no intoxicating beverage shall be otfered 2007 No liquors at any entertainment given by the Lodge or held in the name of the Order 2007 As to dispensations. See Dispensations. As to liquors. See Liquors. As to dancing. See Dancing. As to the use of funds. See Funds. As to anniversary of our Order. See Anniversary. As to Bebekah Lodges. See Rebekah Branch. PASSWORDS: page. 1. Annual Traveling 916 2. Semi-annoal 016 916 INDEX. FASSW OB'DS-Continued. Section. 1. Annual Traveling- Password. When Lodge entitled to 2008 Semi-annual reports must be placed in Lands of installing officer . 2008 It is one of the tests by which traveling brothers are tried 2008 It is selected by the Grand Sire annually 2008 Goes into effect January 1st, each year 2008 Grand Sire communicates it to Grand Eepresentatives 2008 Then to Grand Master, and he to D. D. G. M. and others 2008 To be given privately to N. G. and V. G. al installation Note to 2008 Withdrawal card and proper password 2009 What traveling password entitled to 2010 When Noble Grand must communicate it 2011 Certain Noble Grands no right to it 2012 Degree Master no right to it . . - 2012 Never to be used in Rebekah Lodge 2012 Insane brother not entitled to it 2013 Former members of defunct Lodge not entitled to it 2013 What annual traveling password must be used 2014 When holder of Withdrawal Card forgets it Note to 2014 When holder of Withdrawal Card entitled to order for A. T. P. W. . 2015 Order for annual traveling password and Visiting Card . . 2016 Cards and order for the password Note to 2016 Order for A. T. P. W. must be properly attested under seal 2017 Form of order for annual traveling password (Form 25) . 2018 Noble Grand cannot give to P. G. to examine visiting brother 2019 Past Grands not entitled to it 2020 Holders of Withdrawal Card from extinct Lodge 2021 Lodge grants withdrawal Card and afterward surrenders charter 2021 Order for A. T. P. W. not to be indorsed on cards 2022 Brother who pays dues in advance and obtains official certificate. . . 2023 Is entitled to annual traveling password 2023 In case of absence entitled to order for the same 2023 Orders for. See Supplies. As to Ancient Odd Fellow. See Ancient Odd Fellow. Noble Grand of Rebekah Lodge no right to receive it 2097 2. Semi-Annual Password. When Lodge not entitled to semi- annual password 2024 Grand Master selects it Note to 2024 Grand Master communicates to District Deputy Grand M.. .Note to 2024 District Deputy Grand Master gives to Noble Grand Note to 2024 When brother must give it to Warden Note to 2024 Reports returned and money must be delivered, etc Note to 2024 When reports, asses3ment8 and taxes made and paid 2025 When District Deputy Grand Master may withhold 1796 When Secretary must send absent brother order for 2026, 1927 INDEX. 917 'PASSWORDS— Continued. Section. When brother not entitled to 2027 lu arrears for thirteen weeks for weekly or funeral dues 2027 When brother forgets it and arrears ... 2028 When brother thirteen weeks in arrears , 2029 When brother in good standing and thereafter becomes in arrears.. 2030 When Vice Grand may impart the password 2031 When Vice Grand acts as Noble Grand may give it 2031 Right Supporter of N. G. cannot authorize a brother to confer 2032 When Financial Secretary may give it 2033 Cannot compel a brother to receive it 2034 When Warden to take it up in ante-room 2035 When Warden may give to Noble Grand 2036 Old word used till after installation 2037 When visitors used old term word 2038 Thirteen weeks in arrear, and new term 2039 Thirteen weeks in arrears fixed by Sovereign Grand Lodge 2040 When Noble Grand may give to brother of another Lodge 2041 Noble Grand gives order for semi-annual password without vote... 2042 Only communicated to brother at distance by order for it 2043 Form of order required. (Form 34) 2043 Orders for it must be under seal and attested 2044 Who entitled to order for 2045 Noble Grands who may give password upon orders for same 2046 More than thirteen weeks in arrears. . 2047 When not entitled to password may visit his own Lodge 2048 N. G. and Sec. may issue order for S. A. P. W. beyond their term.. 2049 District Deputy Grand Master sending it disapproved 2050 Cannot send order for it by telegraph 2051 N. G. can only give order for P. W. to members of his own Lodge. 1916 Cannot authorize its communication by telegraph 2051 Who entitled to use semi-annual password 2052 Grand Lodge may change it quarterly or semi-annually 2053 A brother, an inmate of Odd Fellows' Home entitled to it 2054 As to Odd Fellows' Home. See Odd Fellows' Home. Past Grand acting as Noble Grand in absence of N. G. and V. G . 2055 \Vhen Noble Grand elect not installed 2056 When District Deputy Grand Master may give _ 2057, 2058 Accidentally or improperly obtaining and using it 1712 Form of order for semi-annual password (Form No. 34) 2059 Brothers admitted to Sub. or Grand Lodge while reading minutes. 6 As to admission to one's own Lodge. See Adqaission to one's own Lodge. Afi to admission of visitors. See Visitors and Visiting. As to recess. See Recess. As to Relief Committees. See Relief Committee and Relief. Orders for semi-annnal password. See Supplies. As to S. A. P. W. for Bebekah Lodges. See Rebekah Branch. 918 INDEX. PASSWORDS— Continued. Section. As to Grand Lodge Degree Password. See Grand Lodge Degree Password. PAST GRANDS: Rights of 2060 Eight to vote for Grand Officers 2060 Eligibilty to Grand Officers ; 2060 Grand Lodge cannot require membership for one year 2060 Grand Lodge may establish representative system 2061 Cannot vote by proxy 2062 Not entitled to the annual traveling password 2020 While acting as Noble Grand may communicate S. A. P. W 2055 Has same rank in Eebekah Lodge 2265 As to Past Grand Degree. See Degrees. As to Representatives . See Representative. As to officers. See Officers. As to business of Grand Lodge and Committees. See Business of Grand Lodge. As to installation. See Installation. PAST GRAND'S CHARGE: As to initiation. See Initiation. As to charge. See Charges and Lectures. PAST GRAND MASTER: Grand Lodge presents jewel to retiring Grand Master 1399 PAST GRAND REPRESENTATIVE: See Visitors and Visiting. PAST NOBLE GRAND : See Rebekah Branch. PAST NOBLE GRAND'S CHARGE: See Rebekah Branch. PAST OFFICIAL DEGREES: See Degrees. PAST VICE GRAND: See Degrees; Motions. * PATRIARCHS MILITANT: See Prize Drills; Installation. PENALTIES: As to charges. See Trials. As to contempt. See contempt. As to fines on charges. See Trials. As to fines of officers. See fines. PER CAPITA TAX: See Rebekah Branch; Assessments. PERJURY: See Offenses. INDEX. 919 PERMANENT SECRETARY: See Officers. Section. Hereafter to be designated Financial Secretary 1933 PERMISSION: See Dispensation. PETITION: Committee on Petitions a Regular Committee of Grand Lodge 2063 Appointed from members present at Grand Lodge session 2063 Duties of Committee on Petitions 2064 Rights of Lodges 2065 Lodge's action not reviewed by Grand Lodge, when 2065 Ex-parte petitions 2065 Petition for charter or warrant for Lodge, and instructions relative thereto, (Forms Nos. 11 and 16), pages 755, 760. As to Rebekah Lodges. See Rebekah Branch. As to appeals. See Appeals. As to petition for membership. See Membership; Rebekah Branch. As to committee in Rebekah Assembly. See Rebekah Branch. PHOTOGRAPHS: Not allowed of work 2925 As to Rebekah Degree. See Rebekah Branch. PHYSICIAN: Lodge no right to engage one for speclBed sum and time 2066 Grand Lodge may make, by uniform constitutional provision, an elective officer 2067 Or may authorize Lodge to determine by By-Laws the manner of selection ; 2067 When may employ one for one year 2068, 2069 Lodge may charge fee for medical examination of applicant 2070 May retain fee in case applicant rejected 2070 Form of medical certificate (Form No. 41) 207 1 His certificate as to applicant for membership 1457 Form prescribed by Grand Lodge 1457 Not compulsory on Lodge to ase it or any 1457, 1458 Must be used if any 1458 Lodge may add to the prescribed form 1458 Any physician's certificate may be used 1462 When his certificate may be required 1469, 1456 Such required physician's certificate not conclusive on Lodge . . . 448 Must be sworn or obligated and testify as other witnesses 503 His certificate not admissible as evidence 511 His written statement not admissible as evidence 511 Physician when an officer subject to fine for absence 1178 His certificate may be required after favorable ballot 1466 May require his certificate in membership by initiation, reinstate- ment or otherwise 1462, 1662 Medical certificate for applicant— Odd Fellows' Home (Form No. 27) 1677 920 INDEX. PICNICS: Section. As to liquors. See Liquors. As to funds. See Funds. As to Sunday. See Sundaj'. As to anniversary of our Order. See Anniversary. PICTURES: See Funds. PLEASURE-EXCURSION: See Funds. POLICE OFFICER: Funeral fine may be enforced against '. 11 86 POLYNESIAN: Not eligible to membership 1437 PORTRAITS: Of Grand Masters shall be in one size and style 2072 Special keeping of Grand Secretary 2072 PRAYER: Opening and closing of Lodge 2073 Cannot be required under penalties 2073 Cannot make it obligatory on Junior Past Grand to act as Chaplain 2074 Chaplain and his duties optional 2075 Forms of prayer 2075 Form prescribed to be used, if any 2076 Form where may be found. 2076 Prayer not part of initiation and not admissible 2077 As to fines. See Fines. PRESS AND SEAL: See Supplies. PRESIDENT OF REBEKAH ASSEMBLY: See Eebekah Branch . PRINCIPAL ON BOND: See Bonds. Not allowed in Lodge-room while action had on bond 617 PRINTING: Committee on Printing a regular committee of Grand Lodge 2078 Appointed from members present at Grand Lodge session 2078 Duties of Committee on Printing 2079 Lodge may pay for printing for celebrating our anniversary.Note to 17 As to journal. See Journal. PRIVATE AFFAIRS: See Benefits. Lodge no right to inquire into 396 INDEX. 921 PRIZE DRILLS : See Kebekah Branch. Section. Cauuot use its funds for prizes for drills by Patriarchs Militant — 1279 PROCESSION: Lodge not have without permission of Grand Master 2080 Not applicable to funeral 20S0 As to regalia. See Regalia. As to anniversary. See Anniversary. PROFANE LANGUAGE: See Offenses. PROFESSIONAL GAMBLER: See Gambler. PROHIBITION: As to sale of liquors a political question 1416 Banished by our laws without our councils 1416 PROMISE: See Offenses. PROMISSORY NOTE: See Benefits. Is not a security in which Lodge funds may be invested 1234 Promissory note for dues and good standing 1320 PROPERTY OP THE LODGE: Deeds and mortgages, to whom made 2081 When Lodge may sell property 2082 When may give or donate plot in cemetery 2082 When may sell property to pay debts 2083 Grand Lodge and not Grand Master disposes of property of extinct Lodge 1748 As to funds. See Funds. Defective mortgage 2084 Court of Equity grants relief 2084 As to duties of Trustees. See Trustees. PROPOSITION FOR MEMBERSHIP: See Membership; Rebekah Branch. Propositions for, in Sub. and Kebekah Lodges. See Supplies. PROXY: Past Grand cannot vote by proxy 2062 Member of Trial Committee cannot act by 2597 Member of Benefit investigating Committee cannot act by 495 Officer cannot be installed by proxy 1362 PUBLICATION : See Newspapers. PUBLIC AMUSEMENT: See Amusement. 922 INDEX. PUBLIC CELEBRATIONS: See Celebration. Section. PUBLIC EXHIBITION : See Rebekah Branch. PUBLIC INSTALLATION: See Installation. PUBLIC LIBRARY: Not legitimate to require dues for support of Note to 1411 PUBLIC PROCESSION : See Procession. PUNISHMENT: As to charges. See Trials. Removal of officers. See Officers. As to tines of officers. See Fines. As to fines in other matters. See Fines. QUARANTINE: Brother not sick, placed in quarantine, not entitled to benefits 469 QUESTION BOOK: See Supplies. QUESTIONS: Grand Master not to answer certain questions 2085 Abstract questions upon hypothetical propositions 2086 Hypothetical questions 2087 Certain questions referred to Committee on State of the Order 2088 Questions must be written and in duplicate 2089 Copy of By-Laws must accompany question 2090 Certain questions not to be entered on Journal 2091 QUORUM: In Grand Lodge 2092 In Subordinate Lodge 2093 A By-law requiring more than a quorum is void 2093 When no quorum Noble Grand should declare Lodge closed 2094 As to minutes and records. See Minutes and Records. As to fines. See Fines. As to Rebekah Lodges. See Rebekah Branch. RACE: See Membership. RACE: Lodge cannot use its funds for foot or bicycle races 1219 RAFFLES: See Lottery. RAILROAD: Illegal to give money to help raise bonus to build 122 1 Illegal to donate funds to help build an electric railroad 1220 INDEX. . 923 RANK : Section. Refers to the highest grade or title attained 2095 Title or rank to be placed after brother's name 2095 Should be expressed on face of cards Note to 2095 Should appear in diplomas Note to 995 Dismissal certificates should state rank 1007 Rank or degree of applicant 1524 Expelled member when reinstated 1565 READING: Persons who cannot read may be initiated 1448, 1445 READMISSION: See Membership. REAL ESTATE: See Funds. Funds may be used to purchase 1218 REASONABLE DOUBT: See Trials. REB ALLOT: See Ballot and Voting; Rebekah Branch. REBEKAH BRANCH: page. 1. Rebekah Code, as amended 1897, with some notes of deci- cisions 923 2. Laws and decisions 925 3. Constitution of Rebekah Lodges ;931 4. Constitution of Rebekah Assembly 934 1. Rebekah Code, as Amended 1897, with Some Notes of Decisions. Degree of Rebekah integral part of Odd Fellowship 2096 Stands on equality with other Degrees 2096 Rebekah Code, as amended, 1897 2097 Objects and purposes of Rebekah Lodges 2097 Sovereign Grand Lodge, Supreme (Sec. 1), page 508. Grand Lodges may institute Rebekah Lodges (Sec. 2), page 508. Who may serve as instituting officer (Sec. 3), page 508. Grand Sire's power (Sec. 4), page 508. Cannot be chartered by name of living person (Sec. 5), page 508. Charter for Rebekah Lodge (Form No. 15), page 759. Petition for warrant for Rebekah Lodge and instructions relative thereto (Form No. 16), page 760. Warrant or dispensation for Rebekah Lodge (Form No. 17), p. 761. Who eligible to membership (Sec. 6), page 509. Initiatory Degree member and charter (a), page 509. Suspended member (b), page 509. Wife of suspended member (c), page 509. A divorced woman (d), page 509. 924 INDEX. REBEKAH BHANCB.— Continued. Section. Arrears for dues and office (e), page 509. Suspension and Dismissal Certiticate (f), page 510. Ballot for membership (g), page 510. Three black balls (g), page 510. Wife (h), page 510. Initiation (Sec. 7), page 510. Equal rights (Sec. 8), page 510. On whom Rebekah Degree conferred (Sec. 9), page 510. By what Lodge conferred (Sec. 9), page 510. Brother's membership (Sec. 10), page 510. Duty of Secretary to notify Subordinate Lodge (Sec. 10a), page 511. Duty of Secretary of Subordinate Lodge to notify Eebekah Lodge (Sec. 10a), page 511. Officers of Rebekah Lodge (Sec. 11), page 511. Who eligible to office (Sec. 12). page 511. Terms of officers (Sec. 12;, page 511. Service in office and honors (Sec. 13), page 512. Powers and privileges of Rebekah Lodges (Sec. 14), page 512. To confer the Degree of Rebekah (Sec. 15), page 512. To elect and appoint officers (Sec. 16), page 512. Can only have the authorized secret work (a), page 512. . Rituals cannot be taken from Lodge-room (b), page 513. Qualification of District Deputy (c), page 513. Staff (d), page 513. When initiation by other than Noble Grand (e), page 513. Who may deliver Past Noble Grand's charge (f), page 513. Fees and dues (Sec. 17), page 513. Payments and disbursements (Sec. 18), page 513. By-Laws and rules of order (S'ec. 19), page 513. Meetings (Sec. 20), page 514. Terms (a), page 514. Forms of charter (Sec. 21), page 514. Refusal of charter (a), page 514. Form of charter for Rebekah Assembly (b), page 514. Returns (Sec. 22), page 514. Annual report of Rebekah Lodge (Form No. 9), page 753. Semi-annual report of Rebekah Lodge (Form No. 8), page 751. Rebekah annual report of Grand Lodge (Form No. 2), page 742. Penalty for neglect to make return (a), page 514. Reinstatement and Dismissal Certificate (Sec. 23), page 514. Voting and balloting (Sec. 24), page 515. When rejected applicant may renew application (Sec. 24), page 515. Regalia and jewels (Sec. 25), page 515. Regalia and jewels for Rebekah Assembly (Sec. 25), page 515. Sermons or lectures (a), page 518. Attending church in regalia (a), page 518. Public anniversary and paraphernalia (b), page 519. INDEX. 925 REBEKAH BRANCH.— Continued. Section. Costumes, robes, exhibitions and photographs (c), page 519. Cards and Dismissal Certificates (Sec. 26), page 519. Dismissal Certificates, no ballot (a), page 519. Holder of live Withdrawal Card (b), page 519. Official Certificate (c), page 520. By what bodies and officers degrees conferred (Sec. 27), page 520. Degree staff (a), page 520. Surrender of charter (Sec. 28), page 520. Quorum (Sec. 29), page 520. Grand Lodge and charter members of Rebekah Lodge (Sec. 29), page 520. Rebekah Assemblies (Sec. 30), page 520. Rebekah Assembly Degree (a), page 521. To reclaim charters (b), page 521. Official visits (c), page 521. Per capita tax (d), page 521. Taxation and granting and revoking charters (e), page 521. Rebekah Assembly Degree (f ), page 522. Officers of Rebekah Assembly (Sec. 31), page 522. Appeals from Rebekah Assemblies (Sec. 32), page 522. Appellate power (a), page 522. Rebekah Laws (Sec. 33), page 522. Certain laws made applicable (Sec. 3H), page 522. Rebekah Lodge laws apply to all members alike (Sec. 33), page 522. Repeal of prior laws (Sec. 34), page 523. Rebekah Code adopted in 1894 (Note to Sec. 34) page 523. Repeal applicable to all laws prior thereto (Note to Sec. 34), page 523. Watching with the sick (Sec. 35), page 523. Subordinate Lodge cannot compel brothers to watch with sick sis- ters (Note to Sec, 35), page 523. Semi-annual password (Sec. 36), page 523. Rebekah traveling password (Sec. 37), page 523. Noble Grand of Rebekah Lodge no right to receive the A. T. P. W. (Note to Sec. 37), page 523. 2. Laws and Decisions. Anniversary of Rebekah degree 2093 Septtmber 20th its natal day 2098 To be annually celebrated and commemorated 2098 Rebekah Assembly 2099 Charter, institution, etc 2099 Funds, records, etc., of late State Rebeiah Convention 2099 Rights etc., of past officers of State Rebekah Convention 2099 Constitution of Rebekah Assembly 2100 Grand Representatives to report to Rebekah Assembly 2101 Members of Rebekah Assembly 2102 District Deputy Grand Master and Rebekah Assembly 2102a 926 INDEX. REBBKAH BRANCH— (-onfinued. Section. Assembly cannot institute Rebekah Lodges 2103 District Deputies 2104 Commission of District Deputy Grand Master 2105 Who may be District Deputy Grand Master 2106 D. D. Grand Master not to instruct P. G. in Work of degree 2107 Expense of District Deputy Grand Master 2108 Decision of District Deputy Grand Master 2109 District Deputy Grand Master and password 2110 District Deputy Grand Master and Withdrawal Card 2111 Constitution of Eebekah Lodge 2112 Eebekah Lodge the proper title 2113 Not subject to Subordinate Lodge Constitution 2113a When a Past Noble Grand may institute 21 14 Institution of new Lodge and Past Noble Grand 2115 Who may be charter member ; 2116 Eligibility to ofl&ce in New Lodge 21 17 Eebekah Lodge may aid new Lodge 2118 Certain consent necessary for new Lodge 2119 Form of charter and warrant or dispensation (Form Nos. 15, 16 and 17) 2120 Charter fee 2120a Eeport of institution of new Lodge 2121 When no Past Noble Grand — Institution 2122 Past Noble Grand's charge 2123 Who may deliver Past Noble Grand's charge 2124 Qualified Past Officer may confer the degree 2125 Who may act as officers at initiation 2126 Initiation, when complete 2127 German Lodge may give the degree in English 2128 Conferring Degree on brothers 2129 Instructions how to enter Lodge 2130 Additional robes 2131 Unwritten work and Vice-Grand 2132 When obligation read or recited 2133 Obligation, to whom administered 2134 Eebekah Eitual is for Eebekah Lodges only 2135 Spurious degree cannot be conferred 2136 Mock initiation not permitted 2137 Eobes or costumes not worn in public or public entertainment 2138 Eobes not worn in public— No dispensation 2139 Annual password, when given 2140 Annual password, how given 2141 Passwords in Eebekah Lodges 2142 What passwords required at opening 2143 Duty of Noble Grand to communicate 2144 When Noble Grand may authorize password to be communicated. . 2145 Password and arrears 2146 Vice-Grand and password 2147 INDEX. 927 REBEKAH BRANCH— Continued. Section. Password, bnt no installation 2148 Orders for annual and semi-annual passwords 2149 Member need not receive password 2150 Right to enter or sit in one's own Lodge 2150, 2151 Withdrawal card, password and visiting 2152 When unmarried woman may become a member 2153 Residence of applicant 2154 Widow eligible 2155 Wife an applicant and husband an Odd Fellow 2156 Certificate of husband's good standing required 2156 Wife, a half-breed Indian, not eligible 2157 Wife of mixed Indian or mixed blood Note to 2157 Ages of candidates for membership 2158 Brother applies must have certificate of his good standing 2159 Initiatory member is eligible Note to 2159 Residence of brother who applies 2160 A sister marries a non-Odd Fellow 2161 The husband not an Odd Fellow 2162 Wife of member of Rebekah Lodge applies 2163 Certificate of good standing of husband required 2163 Brother holding withdrawal cards from Sub. and Reb. Lodges 2164 Must renew his membership in Sub. Lodge to join Reb. Lodge 2164 Applying by deposit of card 2165 By deposit of card when card lost 2166 Where withdrawal card does not accompany petition 2167 Expired withdrawal cards of husband and wife 2168 How she can regain membership 2168 Withdrawal card and membership 2169. When and how brother with withdrawal card retains membership in Rebekah Lodge 2170 Applying on visiting card 2171 Withdrawal and visiting cards. (Forms Nos. 61 and 62) 2172 How apply on Visiting Card for membership 2173 Laws governing Rebekah Lodges 2174 Suspending for non-payment of dues 2174 Reinstatement 2174 Legislation relative to reinstatement 2175 Amount to pay to be reinstated 2176 How suspended member may join again 2177 Husband suspended by Rebekah Lodge 2178 Husband and wife suspended by Rebekah Lodge 2179 Wife may be restored to membership 2179 Husband suspended by Subordinate Lodge 2180 Wife suspended— reinstated 2180 A sister marries a non-Odd Fellow and is thereafter suspended 2181 May be reinstated 2181 How member of suspended Lodge to regain membership , 2182 928 INDEX. REBEKAH BBANCH— Continued. Section. The same as to member of expelled or extinct Lodge 2182 Suspended or expelled and Dismissal Certificate 2183 Dismissal Certificates for Eebekah Lodges 2 184 , Wife of expelled member ineligible 2185 Expelled members 2186 Sister's right to office and membership 2187 Not affected by husband's expulsion or suspension 2188 When brother suspended for a year for cause 2188 Brother suspended for cause in a Subordinate Lodge 2189 He stands suspended in Bebekah Lodge 2189 Must pay dues in both 2189 Or he may be suspended for non-payment 2189 Suspended from Subordinate Lodge, and visiting 2190 A brother's standing in Rebekah Lodge 2191 Depends on his continuous good standing in Subordinate Lodge.. . 2191 In case he takes Withdrawal Card from Subordinate Lodge 2191 Candidate must present petition 2192 Proposition for membership. (Form No. 42) 2193 Report of investigating committee. (Form No. 43) 2194 When may receive proposition and ballot at special meeting by dis- pensation 2195 Grand Master or President of Rebekah Assembly and dispensation. 2195 Who to preside at balloting 2196 Vice-Grand's duty as to balloting 2197 Separate ballot for each applicant 2198 Not compelled to admit applicant ... 2199 Right to cast black ball 2200 Number of black balls to reject 2201 Black ball and ballot-box 2202 When offense to cast black ball 2203 Offense of Noble Grand as to balloting 2204 Number of black balls not to be told 2205 Not to tell that a person was black balled 2206 Petition of members for reballot illegal 2207 Elected to become a member — Lapse of time — Reballot 2208 Elected applicant — Return of initiation fee 2209 When initiation fee returned 2210 May reconsider a favorable ballot 2211 Motion to reconsider 2212 Reconsidering ballot and rules of order 2213 Voting to reconsider 2214 May resign 2215 No cancelling membership by erasing name 2216 When should accept resignation 2216 Must resign in writing 2217 No expense 2217 When must accept resignation 2218 INDEX. 929 REBBKAH BHANCH— Continued. Section. May resign before applying for Withdrawal Card 2218 May accept after final card refused 2219 May apply for membership after resignation 2220 Dismissal certificate and resignation 2221 When signing the Constitution necessary 2222 No non-beneticial member 2223 No dispensation to reduce admission fees 2224 Members should vote unless excused 2225 Mode of voting 2226 Viva voce votes 2227 Voting on Withdrawal Card 2228 Voting on reports 2229 Election 2230 When Lodge instituted second quarter in term 2230 OflBcers must be elected each term 2231 Financial Secretary 2232 Who may hold office 2233 Nominations 2234 Election of Noble Grand— Dispensation 2235 Dispensation to elect when all qualified refuse to serve 2236 Qualifications for Noble Grand's office 2237 Service in appointed office in any Lodge 2238 Appointive office and installation to qualify 2239 Scene Supporter, Altar Bearer and Banner Bearer 2240 Do not qualify for election to an elective office.. 2240 They are not appointive officers 2240 Altar Supporter not an appointive officer 2241 Does not qualify for elective officer 2241 When cannot install officers 2242 Installation and Noble Grand-elect absent 2243 May proceed and elect another 2243 Installation, arrears and committee 2244 Installation and.obligations 2245 When may call up members 2245 When Past Grand may install officers 2246 Who may be present at installation ; 2247 When Past Noble Grands may install 2248 Installation in Subordinate Lodge 2249 Sisters cannot be present unless public 2249 Joint public installation of Subordinate and Rebekah Lodge 2250 Service required for honors of Past Noble Grand 2251 When Noble Grand becomes Past Noble Grand 2252 Past Noble Grand and installation 2253 Insufficient service as Noble Grand 2254, 2255 Honors of office and not signing the Constitution 2256 Past Noble Grand not an officer 2257 Rank of Past Grand 2258 930 INDEX. RBBEKAH BRANCH— Continued. Section. Absence of ofl&cer and vacancy 2259 Special or contingent fund 2260 Cannot use funds for a ball 2261, 2262 Nor for a supper, party, amusement or entertainment 2261, 2262 By-Laws may provide for Special or Contingent Fund 2261 May use Special or Contingent Fund for such purposes 2261 Subordinate Lodge may donate to aid in buying paraphernalia for Rebekah Lodge 2263 But cannot buy tickets for concert or ball for that purpose 2263 Eebekah Lodge cannot use funds for jewel for member 2264 "When may have meetings to exemplify work 2265 When member of Grand Lodge may witness the same 2266 Should not rehearse Degree of Rebekah in Grand Lodge 2267 Noble Grand and regalia 2268 Regalia of brothers not officers 2269 Regalia of sisters not officers or Past Noble Grands 2269 When Encampment regalia may be worn Note to 2269 Regalia of brothers 2270 Regalia of brother who is an officer 227 1 Regalia of officers Note to 2271 Proper badges at funeral for brothers and sisters 2272 Rebekah funeral service Note to 2272 When children excluded from Lodge-room 2273 May try, suspend or expell member, male or female 2274 Dismissal of charges and appeal 2275 Errors on appeal must affirmatively appear 2276 Venue in charges 2276 Charges against Noble Grand 2277a Grand Representatives introducing visitors 2278 When elective Grand Officers cannot introduce 2279 Notice when brother joins Rebekah Lodge 2280 Change of name by marriage 2281 Note of the same in reports 2281 When sisters may be admitted to Subordinate Lodge-room 2282 Recess 2282 Proposed By-Law not presented to Com. on Laws of Subordinates.. 2283 Changing the amount of dues 2284 Forfeiture of charter 2285 Rebekah Veteran Jewel 2862 Form of Reports 2287 Annual Rebekah Report of Grand Lodge (Form No. 2), page 742. Annual and Semi-annual Reports (Forms Nos. 8 and 9), pages 751, 753. Special Meetings • 2288 Minutes or records must not be mutilated or torn 2288a Who should preside 2288b No sick or funeral benefits 2288c Attentive benefits 2289 INDEX. 931 REBEKAH BB AN CB.— Continued. Section. Kebekah Lodge not called a Subordinate Lodge 2290 As to Orphans' Home. See Orphans' Home. Secretary of Rebekah Assembly is Secretary of Trustees Orphans' Home (Rule 8), page 486. Duties as such (Rule 10), page 486. Treasurer of Rebekah Assembly is Treasurer of Trustees Orphans' Home (Rule 8), page 486. Duties of (Rule 11), page 486. Charter fee 766 Rituals, diplomas, ode cards, ode books. See Supplies. Cards and Dismissal Certificates. See Supplies. Rebekah funeral ceremony. See Supplies. ■California beautified work. See Supplies. Member's register and roll of ofl&cers. See Supplies. Proposition for membership and orders for password. See Supplies. Visitor's register and Constitutions. See Supplies. 3. Constitution of Rebekah Lodges. It is aflfixed to this Digest, page 723. When adopted and when amended, page 526 2112 Preamble and objects and purposes of Rebekah Lodge, page 723. Name, number and charter (Art. I), page 723. \ To surrender charter or dissolve (Art. I), page 723. Quorum (Art. I), page 723. Above requirements apply to both sexes (Art. I), page 723. Powers and privileges of (Art. II), page 723. To confer degree (Art. II), page 723. To elect and appoint officers (Art. II), page 723. To fix and establish fees and dues (Art. II), page 723. To pay and disburse funds (Art. II), page 723. To establish By-Laws (Art. II), page 723. To try charges (Art. II), page 723. Membership (Art. Ill), page 724. Who eligible to (Art. Ill), page 724. How proposed (Sec. 2), page 725. Residence (Sec. 2), page 725. Proposition for membership (Sec. 3), page 725. Reference to committee and report (Sec. 3), page 725. Ballot, election and rejection (Sec. 3), page 725. Applicant by deposit of caid (Clause 2), page 725. Admission fee (Clause 3), page 725. Reconsideration of favorable ballot (Sec. 4), page 726. Reconsideration of unfavorable ballot (Sec. 4), page 726. Rejection and renewal of application (Sec. 5), page 726. Higuing the Confititntion and promise (Sec. 6), page 726. Instruction of Noble Grand before ballot (Sec. 6), page 727. Elective and appointed officers (Sec. 1 ), page 727. 932 INDEX. REBEKAH BRANCH— Continued. Section. Eligibility to Noble Grand and Vice-Grand (Sec. 2), page 727. Honors of ofl&ce and service (Sec. 3), page 727. Terms of officers (Sec, 4), page 727. Officers when must be clear of pecuniary charges (Sec, 5), page 727. Nominations (Sec. 6), page 727. Election of officers and installation (Sec. 7), page 728. Absence of officers and removal (Sec. 8), page 728. Vacancies, how tilled (Sec. 9), page 728. Representatives and election (Sec. 10), page 728. Duties of various officers (Sec. 11), page 728. Duties of Noble Grand (Art. V), page 728. To preside (.Art. V), page 728. ** To decide questions of order (Art. V), page 728. To give casting vote (Art. V), page 729. To inspect ballot-box and ballots, etc. (Art. V), page 729. To sign certificates and notices (Art. V), page 729. To appoint certain officers (Art. V), page 729. To appoint standing and other committees (Art. V.), page 729. To visit sick sister (Art. V), page 729. As to funeral (Art. 5), page 729. To appoint Finance Committee (Art. V), page 729. To perform other duties (Art. V), page 730. To appoint majority of committees on candidates and charges (Art, V), page 730. Duties of Vice Grand (Sec. 2), page 730. To assist Noble Grand (Sec. 2), page 730. To examine and inspect ballot-box and ballots (Sec. 2), page 730. To preside in absence of Noble Grand (Sec. 2), page 730. To visit sick sister (Sec. 2), page 730. To perform other duties (Sec. 2), page 730. To perform duties of Noble Grand when (Sec. 2), page 730. Duties of Recording Secretary (Sec. 3), page 730. To keep accurate minutes (Sec. 3), page 730. To endorse and file papers (Sec. 3), page 730. To sign and attest cards, certificates, drafts, etc. (Sec. 3), page 730» To number and file communications (Sec. 3), page 731. To enter abstract and numbers thereof (Sec. 3), page 731. To make out term and relief reports (Sec. 3), page 731. To indorse propositions for membership (Sec. 3), page 731. To notify applicants of election (Sec. 3), page 731. To keep roll of members (Sec. 3), page 731. To send notices of suspensions, expulsions, rejections, reinstate- ments (Sec. 3), page 731. To send notices to Subordinate Lodge (Sec. 3), page 731. Compensation (Sec. 3), page 731. Financial Secretary (Sec. 4), page 731. Duties of (Sec. 4), page 731. INDEX. 933 REBEKAH BRANCH— Continued. Section. To keep accounts (Sec. 4), page 731. To keep regular set of books (Sec. 4), page 731. To keep ledger, journal, receipt and cash books, etc. (Sec. 4), page 731. To credit members for payment when (Sec. 4), page 731. To keep book of residence (Sec. 4), page 731. To receive and receipt for moneys (Sec. 4), page 731. To pay moneys to Treasurer (Sec. 4), page 731. To give certain notices (Sec. 4), page 731. To endorse cards (Sec. 4), page 731. To notify members of indebtedness (Sec. 4), page 731. To assist Recording Secretary in making term reports (Sec. 4), page 731. To render account of term receipts and expenditures (Sec. 4), page 731. To furnish list of members entitled to vote (Sec. 4), page 731. To call the list (Sec. 4), page 731. To perform other duties (Sec. 4), page 731. Duties of Treasurer (Sec. 5), page 732. To give bond (Sec. 5), page 732. To receive money from Financial Secretary (Sec. 6), page 732. To pay orders (Sec. 5), page 732. To give to Noble Grand statement of money on hand (Sec. 5), page 732. To make monthly reports (Sec. 5), page 732. To report term receipts and expenditures (Sec. 5), page 732. Duties of Trustees (Sec. 6), page 732. To give bonds (Sec. 6), page 732. To hold stocks, funds, property, etc., in trust (Sec. 6), page 732. To transfer, exchange or deposit the same (Sec. 6), page 732. To keep funds invested (Sec. 6), page 732. To deliver property, books, etc., to successors (Sec. 6), page 732. To keep correct accounts (Sec. 6), page 732. To make term reports and statement (Sec. 6), page 732. Duties of other ofl&cers (Sec. 7), page 733. Offenses and penalties (Sec. 1), page 733. • Fair trial and how charges preferred (Sec. 2), page 733. Charges referred to a committee (Sec. 3), page 734. Trial Committee— its duties (Sec. 3), page 734. Report of Trial Committee (Sec 3), page 734. Exceptions— Judgment (Sec. 3), page 734. New trial, etc. (Sec. 3), page 734. Appeals (Sec. 3), page 734. Contempt— refusing to stand trial (Sec. 4), page 734. Penalties, how imposed and ballot (Sec. 5), page 734. Fines and reinstatement (Sec. 5), page 734. Reprimand (Sec. 6), page 735. Eeinstatemeut of expelled or suspended member (Sec. 7), page 735. 934 INDEX. REBBKAH BRANCH— Continued. Section. Appeals and notice (Sec. 8), page 736. Arrears and term password and voting (Sec. 9), page 736. Suspension for non-payment of dues (Sec. 10), page 736. Reinstatement of such suspended members (Clause 2), page 736. Reinstatement and final card (Clause 3), page 737. Dismissal certificate (Clause 4j, page 737. Application by dismissal certificate (Clause 5), page 737. Dismissal certificates (Clause 6), page 737. Appeals from Lodge's action, refusal or neglect (Sec. 11), page 737. Funds and property a trust fund (Art. VII), page 737. May provide for Contingent or Special Fund (Sec. 2), page 378. Terms (Art. VIII), page 738. "^ Semi-annual reports (Art. IX), page 738. Annual returns or reports (Art. IX), page 738. Withdrawal Cards (Art. X), page 739. Voting and balloting (Art. X), page 739. Visiting Cards (Sec. 2), page 739. By-Laws, Rules and Resolutions (Art. XI), page 739. Bj'-Laws, approval, when in force (Art. XI), pages 739. 4. Constitution of Rebekah Assembly. It is afl&xed to this Digest, page 712. When enacted and when amended.. 2102 Name, style and title (Art. 1), page 712. Sessions (Art. II), page 712. Preliminary meetings (Art. II), page 712. Special sessions (Sec. 2), page 712. Quorum (Sec. 3), page 712. Membership (Art. Ill), page 713. Who are members (Art. Ill), page 713. Delegates and election (Art. Ill), page 713. Elective officers and election (Art. IV), page 713. Executive Committee (Art. IV), page 713. Appointed officers (Art. IV), page 713. Eligibility to office (Sec. 3), page 713. Election of officers (Sec. 4), page 713. Manner of election, ballots, tellers (Sec. 4), page 713. Viva voce election (Sec. 4), page 713. Installation (Sec. 4), page 713. President appoints appointive officers (Sec. 5), page 714. Duties of President (Art. V), page 714. To preside (Art. V), page 714. To enforce Constitution and Laws, etc. (Art. V), page 714. To decide all questions of order— appeal (Art. V), page 714. To put questions (Art. V), page 714. To appoint officers pro tern (Art. V), page 714. To appoint committees (Art. V), page 714. INDEX. 935 RBBEKAH BRANCH— Continued. Section. To give casting vote (Art. V), page 715. Orders on Treasurers (Art. V), page 715. State Deputy of Grand Master (Art. V), page 715. Dispensations (Art. V), page 715. President may grant certain dispensations (Art. V), page 715. To admit persons who reside nearer another Lodge, (Art. V), page 715. To authorize public installations (Art. V), page 715. To give entertainments for benefit of the Order (Art. V), page 715. To authorize ballot and initiate when proposition received (Art. V), page 715. To elect members to office when qualified members refuse (Art. V), page 715. President to make Kebekah S. A. P. W (Art. V), page 715.' To confer Assembly Degree (Art. V), page 715. To give instruction in work (Art. V), page 715. To install officers (Art. V), page 715. Duties of Vice-President (Sec. 2), page 715. Duties of Secretary (Sec. 3), page 715. To keep accurate record (Sec. 3), page 715. To send to Rebekah Lodges Journal of Proceedings (Art. V), p. 715. Countersign orders on Treasurer (Sec. 3). page 715. To keep correct accounts (Sec. 3), page 715. To issue notices and circulars (Sec. 3), page 715. To provide stationery for Rebekah Assembly (Sec. 3), page 715. To superintend printing (Sec. 3), page 715. To receive money (Sec. 3), page 715. To pay moneys to Treasurer (Sec. 3), page 715. To perform other duties (Sec 3), page 715. Assistant Secretary (Sec, 4), page 716. Duties of Treasurer (Sec. 5), page 716. To receive and receipt for money (Sec. 5), page 716. To deposit same in bank (Sec. 5), page 716. To pay orders (Sec. 5), page 716. To make monthly accounts to Treasurer (Sec. 5), page 716. Finance Committee and bank (Sec. 5), page 716. To keep accounts (Sec. 5), page 716. To close accounts March 31st annually (Sec 5), page 16. To produce funds and books for examination (Sec. 5), page 716. To make annual report (See. 5), page 716. To give bond (Sec. 5), 716. Treasurer's account, books, etc., open to inspection (Sec. 5), p. 716. President and Finance Committee may inspect (Sec. 5), page 716. Duties of appointed officers (Sec. 6), page 717. President custodian of bonds (Sec. 7), page 717. Removal of officers for misconduct or neglect (Sec. 1), page 717. Entitled to trial— two-thirds vote (Sec. 1), page 717. 936 INDEX. REBBKAH BRANCH— Continued.— Section. Expulsion of member by two-thirds vote (Sec. 2), page 717. Vacancies, how filled (Sec. 3), page 717. Regular committees of (Art. VII), page 717. Credentials, Committee on and duties (Sec. 2), page 718. State of the Order, Committee on and duties (Sec. 3), page 718. Legislation, Committee on and duties (Sec. 4), page 718. Petitions, Committee on and duties (Sec. 5), page 718. Finance, Committee on and duties (Sec. 6), page 718. Laws of Rebekah Lodges, Committee on and duties (Sec. 7), p. 719. Votes and voting (Art. VIII), page 719. Yeas and nays (Art. VIII), page 719. Revenue and capitation tax (Art. IX), page 719. * Expenses of delegates (Sec. 2), page 719. Laws and uniform Constitution (Art. X), page 719. Legislation (Art. X), page 719. By-Laws of Rebekah Lodges (Art. X), page 719. By-Laws of Rebekah Assembly (Art. XVI), page 721. Rules of Order (Art. X and XVI), pages 720, 721. District Deputies, how recommended and appointed (Art. XI), p. 720. President a State Deputy — precedence (Art. XI), page 720. Duties of District Deputies (Art. XII), page 720. To install (Art. XII), page 720. Organ of Grand Master (Art. XII), page 720. Collect reports and moneys (Art. XII), page 720. To forward same to Secretary of Assembly (Art. XII), page 720. To decide questions submitted to them (Art. XII), page 720. To report violations of Constitution and laws (Art. XII), page 720. And also disobedience of her lawful commands (Art. XII), page 720. Appeals to Grand Lodge and notice (Art. XIII), page 720. Charters and dispensations (Art. XIV), page 721. . Application for (Art. XIV), page 721. Reports and returns (Art. XV), page 721. Secretary's annual report (Art. XV), page 721. May enact By-Laws (Art. XVI), page 721., Such By-Laws subject to certain approval (Art. XVI), page 721. May enact rules of order (Art. XVI), page 721. Amending its Constitution (Art. XVII), page 721. REBEKAH LODGES, COMMITTEE ON: A regular committee of Grand Lodge 2291 Appointed from members present at Grand Lodge session 2291 Duties of 2292 As to Committee on Laws of Rebekah Lodges in Rebekah Assem- bly. See Rebekah Branch. RECEIPTS: Only prima facia evidence 1073 Effect of receipt for dues as to standing 1076 INDEX. 937 RECEIPTS— Confinwed. Section. Effect of receipt for dues as to benefits 389 Official certificates must be used by Lodges for receipts 2293 Receipts should be given 2294 When receipt given it must be the official certificate 2293 As to official certificates. See Official Certificates. As to fees. See Fees. As to seal. See Seal. As to officers. See Officers. Receipt book (receipts of the evening) Treasurer. See Supplies. RECESS: Entering and retiring during 2295 Visiting brother 2296 When one admitted during, must retire and work his way in 2297 Rebekahs and others admitted 2298 RECONSIDERATION : See Ballot and Voting; Order, Rules and Questions of. As to benefit investigating committee reports 533 As to Rebekah Lodges. See Rebekah Branch. RECORD BOOKS: See Supplies. RECORDING SECRETARY: See Officers. RECORDS : See Minutes and Records; Appeals. RE-ELECTION: Officers of Subordinate Lodge may be re-elected 1872 REFRESHMENTS: See Funds; Liquors; Rebekah Branch. Cannot use funds for 1267, 1268 May use the Special Fund for 1239, 1243 REGALIA: Must wear prescribed regalia 2299 Regalia of Subordinate Lodge Note to 2299 Regalia of officers of Subordinate Lodge Note to 2299 Regalia of Past Grands Note to 2299 Regalia of Grand and Past Grand officers Note to 2299 Regalia of Grand and Past Grand Representatives. Note to 2299 Cannot add to prescribed regalia 2300 Must not be used in public on the stage 2301 Should not be worn with robes at initiation 2302 Members must wear regalia 2303 Cannot enter or leave Lodge-room unless in regalia Note to 2303 OfBoer entering Lodge must wear appropriate regalia 2304 When may wear Encampment regalia 2305 938 INDEX. IfEGALlA— Continued. Section. Past Grand not having Royal Purple Degree : 2306 While speaking or voting must wear 2307 When Grand Lodge may use badges or ribbons 2307, 2308 The ribbon or badge 2308 When receiving the degrees 2309 Brothers out of standing in procession 2310 Regalia in ballroom only by dispensation 2311 When Noble Grand retires to examine, etc., visitor 2312 When Vice-Grand occupies Noble Grand's chair Note to 2312 Brothers occupying official chairs Note to 2312 At funerals 2313 Regalia in public procession 2314 Officers' regalia 2315 A Past Grand not installed 2316 Past Grands entering Lodge 2317 When Grand Master to wear regalia and jewel of his office 1743 As to funerals. See Funerals. As to dispensations. See Dispensations. As to liquors. See Liquors. As to ball. See Ball. As to anniversary. See Anniversary. As to celebration. See Anniversary; Celebration. As to Rebekah Lodges. See Rebekah Branch. As to Rebekah Assembly. See Rebekah Branch. • REGISTER OP MEMBERS: Grand Secretary to keep 2318 Form 2318 Members' register for Subordinate and Rebekah Lodges (Constitu- tion book). See Supplies. Visitors' register for Sub. and Rebekah Lodges. See Supplies. Enrollment of members at Grand Lodge session 2319 REGULAR COMMITTEES: See Committees. REINSTATEMENT: See Membership; Rebekah Branch; Fees. REJECTIONS: Card m ust be returned to rejected applicant Note to 1508 Initiation, admission and degree fees must be returned to rejected applicant .1134, 1137, 1138 Money to be returned though applicant indebted to Lodge for dues 1567 Medical fee may be retained 1135 Notice of, to whom sent 2320 To what bodies and officers sent 2321, 1537, 1538 Applicants by card or dismissal certificates 2322 As to black-book. See Black Book. As to membership. See Membership. . INDEX. 939 RELATIVES: Section. May hold offices in same Lodge at same time 2323 Who are dependent relatives 556, 555 As to benefits. See Benefits. As to funeral benefits and funeral expenses. See Benefits. RELEASE: See Benefits. RELIEF: See Assistance to Lodges. RELIEF COMMITTEE AND RELIEF: General Relief Committees recognized— Their powers 2324, 2325 Support of General Relief Committees 2325 Formation of not compulsory 2326 Lodge may withdraw representative 2326 Who may be a member 2327 Representative from Encampment 2328 Rules regulating Relief Committees and Lodges 2329 Manner of granting and amount 2329 Duties of committee 2329 Same powers as Lodges 2330 May appeal from actions of Lodges 2331 As to appeals. See Appeals. Their relations to Lodges and Grand Lodge 2332 No power to address Grand Lodge or officers 2332 No power to ask dispensations 2332 Semi-annual password 2333 Orphans of deceased brother who held a Withdrawal Card 2334 Claims upon Lodges 2335 ^Vhen one Lodge grants relief to member of another 2336 Care of sick — Relief Committee and Lodges in same city 2337 Must communicate to sick brother's Lodge forthwith 2338 Expressage upon benefits sent 2339 Unauthorized act of a brother 2340 Failure to notify Lodge of expenditures 2341 Mistake as to good standing of sick brother 2342 Notice to Lodge of brother's sickness 2343 Extent of Lodge's liability for funeral benefits 2344 Nurses 2345 Claims for n urse hire 2346 General law as to nurseR 2347 Endorsement on card 2347 Nurses for brothers of other jurisdictions 2347 When may hire nurse 2347 \Vhen Lodge liable for nurse hire 2347 Lodges which provide for drafting their own members 2347 Contagions disease .' 2347 Must care for transient sick brothers 2347 Amount of liability 2347 940 INDEX. RELIEF COMMITTEE AND HBLIBF— Continued. Section. No discrimination 2347 Eelief to brothers holding Visiting Cards 2348 Procedare in such cases 2348 Duty to reimburse General Eelief Committee 2349 Duty of Lodges 2350 Medical attendance and medicines, when 2350 Cannot fine member for absence from on Sunday 1192, 2479 Burial of brother in arrears 573 As to using funds for relief. See Funds. As to Investigating Committee in regard to relief. See Benefits. As to appeals in matters of relief. See Appeals. As to nurses and watchers. See Nurse and Watchers. As to benefits. See Benefits. » RELIGION: Belief in Supreme Being necessary to membership , 1446 No peculiarities of belief or practices necessary Note to 1446 Atheist cannot become member 1446 As to prayers. See Prayers. As to Sunday. See Sunday. REMOVAL OP OFFICERS: See Officers. REMOVAL FROM LODGE-ROOM: For disregarding Noble Grand's authority 1889 Of suspended member 1888 RENT: See Ballot and Voting. RENUNCIATION OF THE ORDER: Forfeits benefits 2351 When letter from Catholic priest not evidence 2352 Proof of 2353 Burden of proof— buried under auspices of Catholic Church 2354 REPAST: No liquor at, given by Lodge or held in name of the Order 1413a As to liquors. See Liquors. As to funds. See Funds. REPORTS AND RETURNS: Semi-annual reports as required by Grand Lodge Constitution. . . . 2355 Annual reports as required by Grand Lodge Constitution 2356 Failure to make returns — effect thereof 2357 Reports of Degree Lodges 905 Installation and passwords 2358 Semi-annual reports as required by Subordinate Lodge Constitution 2359 INDEX. 941 REPORTS AND RETURNS— C'o7iem«ed. Section. Anuiial reports as reqiiired by Subordinate Lodge Constitution 2360 Failure to make returns 2361 Reports and Grand Lodge. dues must be transmitted 2362 D. D. G. M. may withhold password till reports and dues given. . . . 1796 Brothers suspended for a certain period 2363 Signatures of elective officers 2364 Reports made even if new officers not installed 2365 What moneys included in reports 2366 Proceedings of January 1st and July Ist 2367 Noble Grand must not return himself as Past Grand 2368 Installation 2369 Lodge must take receipts for money and returns from D. D. G. M. 1795 Duty of District Deputy Grand Master in relation thereto 1795 Annual repofts as to property, etc., on or before March 31st 2370 Blank forms of 2370 Blank Financial Secretary's reports 1759 As to officers. See Officers. As to District Deputy Grand Master. See District Deputy Grand Masters, under head of officers of Grand Lodge. As to account of moneys paid to Grand Secretary and of supplies and property received. See Subordinate Lodge. Form of annual relief report of Subordinate Lodge (Form No. 6). . . 2371 Form of semi-annual report of Subordinate Lodge (Form No. 5) 2371 Form of annual property report of Subordinate Lodge (Form No. 7) 2372 Annual reports of Grand Lodge (Forms Nos. 1 and 2) 2373 Annual report of Grand Lodge concerning Homes and buildings (Form No. 3) 2374 Annual reports of Orphans' and other Homes. (Form No. 4) 2375 As to Rebekah Lodges. See Rebekah Branch. REPORTS OP COMMITTEES : As to Trial Committees. See Trials. As to Benefit Investigating Committees. See Benefits. As to Investigating Committees. See Membership. As to Visiting Committee. See Visiting Committee. As to minutes of Lodge. See Minutes and Records. REPORTS TO GRAND LOD3E: See Officers. When snob reports or extracts are not to be published, etc 1620 REPRESENTATIVES AND REPRESENTATION: Number, qualifications, elections, vacancy 2376 Brothers admitted during election 11 Time of election — number Lodge entitled to 2377 Only qualification, must be Past Grand in good standing in Sub- ordinate Lodge 2377, 2378 Past Grand may be elected whether nominated or not 2378 A Past Grand who is not a Past Vice Grand 2379 942 INDEX. Representatives and Representation.— Con^nwed. Section. Junior Past Grand eligible 2380 Noble Grand not eligible Note to 2380 Service of Noble Grand to very last moment to become P. G. Note to 2380 Nominations not necessary 2381 Qualifications of representatives 2382 The retiring Noble Grand cannot be elected 23S3 Cannot give a Noble Grand a seat and vote in Grand Lodge 2383 Only Past Grands can be admitted 2383 Majority vote elects 2384 Those having the greatest number of votes over a majority 2384 One more ballot than there are members present 2385 Where charges are pending against 2386 Resignation may be accepted 2387 Basis of representation % 2388 Lodges working under dispensation 2389 Number of Representatives to be reported to Grand Lodge 2390 When instructions to Representatives improper 2391 Lodge no right to send copies of instructions to other Lodges 813 Expenses of Representatives 2392 As to ballot and voting. See Ballot and Voting. As to Committees. See Committees; Business of Grand Lodge. As to credentials or certificates of election. See Credentials. REPRESENTATIVES, GRAND: See Officers. REPRESENTATIVES, LEGAL: See Executors and Admin- istrators; Guardian. REPRESENTATIVE FUND: See Mileage. REPRIMAND: See Trials. REPUTATION : See Character; Defense. RESIDENCE: Of members of Finance Committee of Grand Lodge 1161 Of members of Committee on Laws of Subordinates 647 As to benefits. See Benefits. As to membership. See Membership; Charter. As to Rebekah Lodges. See Rebekah Branch. RESIGNATION: When Lodge may accept resignation or prefer charges 2819 As to membership. See Membership. Of member of Trial Committee 2595 As to officers. See Officers. As to Representatives. See Representatives. As to tines. See Fines. As to Ancient Odd Fellows. See Ancient Odd Fellows. As to Rebekah Lodges. See Rebekah Branch. INDEX. 943 RESOLUTIONS : Section. Lodge may pass, prescribing duties of officers 1881 Certain resolutions expire with Grand Lodge session 1969 As to contempt. See Contempt. As to passing resolutions and sending to Lodges. See Communi- cations to Lodges. RETURNS: See Reports and Ketums; Rebekah Branch. REVENUE: Of Grand Lodge 2393 For what purposes raised 2393 Of Rebekah Assembly. See Rebekah Branch. REUNIONS: Lodge cannot use funds for 1275 May use the Special Fund for 1239 REWARD: Cannot offer reward from funds for arrest and conviction 1274 RIBBON: When may be worn tor regalia in Grand Lodge 2308 Right to speak or vote 2307 RIGHT SUPPORTER NOBLE GRAND: See Officers. RIGHT SUPPORTER VICE GRAND: See Officers. RISING VOTE: On Resolutions relative to death of a brother Note to 298 RITUALS : See Charge Books; Work of the Order; Rebekah Branch. ROBES: May use funds for robes and costumes for officers 1222 They are part of the current expenses 1222 Officers should not wear official regalia with robes at initiation. .... 2,^2 As to Rebekah Lodges. See Rebekah branch. ROAD: See Railroad. Lodge cannot use funds for road to its hall 1218 Odd Fellows' Hall Association may 1218 May use funds for road to burial ground of the Order 739 ROLL OP OFFICERS FOR SUBORDINATE AND RE- BEKAH LODGES: See Supplies. ROLL-CALL: See Fines. 944 INDEX. ROOM COMMITTEE: Section. When Noble Grand may appoint 2394 ROOMS OP GRAND SECRETARY: To be for business of Grand Lodge 1765 Accomodations for Grand Master 1765 RULES OP ORDER: See Order, Kules and Questions of; Eebekah Branch. RULES OP ORDER OP GRAND LODGE: They are prefixed to this Digest, page 50. SALARY: Of Grand Secretary 2395 Subordinate Lodge cannot attach to appointed ofl&cer by motion... 2396 Must be regulated by By-Laws of Subordinate Lodge 2397 Arrears for dues and an officer's salary 312, 1074 SALE : See property of Lodge. SALOON : See Liquor Saloon; Membership; Oflfenses. SALOON KEEPER: Not eligible to membership 1424 One with Withdrawal Card, visiting a Lodge 2900 As to membership. See Membership, As to degrees. See Degrees. As to offenses. See Offenses. SAVINGS BANK: See Emblems. Should not use the name of the Order 1117 SCARLET DEGREE MEMBER: See Benefits; Trials; Com- • mittees; Officers. SCENE SUPPORTERS: See Officers. SEAL: Each Lodge must have a seal ^ 2398 Lodge justified in refusing attention to document not under seal.. . Note to 2398 Wax impression deposited with Grand Secretary 2399 Recording Secretary sole custodian 2400, 2401 Only one authorized to use it 2401 N. G. has no power to order him to affix the seal to any paper 2400 Only bound to obey the orders of the Lodge 2400 He alone can attest 2401 INDEX. 945 SlijAlj.— Continued. Section. He aflSxes the Lodge seal 2402 When Secretary or Noble Grand may use 2403 Must be printed or impressed 2404 Used for what purpose 2405 Used only in transacting legitimate business Note to 2405 Official certificates are attested by the seal 2406 Orders for password must be under seal 2407 Notices of arrearages 2408 Notices of Financial Secretary 2409 Communications and cards 2410 Laws and documents sent to Sovereign Grand Lodge 2411 Documents without seal returned by Sovereign Grand Lodge 2411 Certifying to sickness. 2412 Presumption in case of notice under seal 2413 Seal as evidence 2414 Seal and press. See Supplies. The seal of the Grand Lodge 2415 Grand Lodges must have seal Note to 2415 Degree Lodge has seal 905 As to installation. See Installation. SECRETARY: See Officers; Degree Lodge; Kebekah Branch. SECRETARY'S CASH BOOK : See Supplies. SECRETS: Family, Government and other secrets, not required to betray 2416 SECRET JOQRNAL: Duty of Grand Lodge members to keep matters therein secret 2417 As to Journal. See Journal. SECRET WORK : See Work of the Order. SECURITIES: Lodge may invest funds in 1234 Promissory note is not such security 1234 To hold in trust, etc. See Trustees. SEDUCTION: See Offenses. SEMI-ANNUAL PASSWORD: See Passwords. SEMI-ANNUAL REPORTS AND RETURNS: See Reports and Returns. SERMON OR LECTURE: See Rebekah Branch. 946 INDEX. SERVICES: Section Arrears for dues and Lodge indebted to brother for 312, 107 -t SESSION: Every Lodge meeting is a session' 418 As to Grand Lodge session. See Annual Communications. As to special sessions of Grand Lodge. See Special Session. As to meetings and special meetings of Lodges. See Meetings. As to annual session of Rebekah Assembly. See Rebekah Branch. SHORT-HAND REPORTER: See Stenographer. SICK BROTHER: Lodge not necessarily liable for expenses, when 2419 Right to care in sickness 2420 Duty to sojourning sick brothers 2421 Duty of brothers when out of their own jurisdiction 2422 As to benefits. See Benefits. As to relief. See Relief Committee and Relief. As to Visiting Committee. See Visiting Committee. As to nurses and watchers. See Nurses and Watchers. SIGN: See Emblems. Emblems and name of the Order prohibited on business sign 2423 SITTING PAST GRAND : See Junior Past Grand. SLANDER: See Character; Offenses. SMOKING: Prohibited in Lodge-room 2424 Cannot use funds for cigars 1241 May use Special Fund for cigars 1241 SOLDIER: A brother in the military service entitled to benefits 394 SON: See Offenses. SOCIAL FESTIVITIES : See Annual Communications. SOCIAL ENTERTAINMENT AND SOCIALS: Lodge cannot use its funds for 1270 May use Special Fund 1239 SOVEREIGN GRAND LODGE: page. 1. Constitution 947 2. By-Laws 948 INDEX. 947 SOVEREIGN GRAND hODGB-Continned. SecHon. 1. Constitution. Source of all legitimate Odd Fellowship 2425 Proclamation to celebrate anniversary, effect of Note to 17 As to sessions of Grand Lod^e. See Annual Communications. Resolutions condemning action of, etc 815 As to decisions. See Decisions. As to Constitution and laws of. See Constitution and Laws. Its Constitution 2426 Its Constitution is prefixed to this Digest, page 3. Title (Art. I), page 3. Source of Odd Fellowship and jurisdiction (Sec. 2), page 3. Charters for Grand Lodges and Bodies (Sec. 3), page 3. Appeals (Sec. 4), page 4. Powers of (Sec. 5), page 4. Power to establish the Order (Sec. 6), page 4. Jurisdiction of (Sec. 7), page 4. Laws of general application (Sec. 8), page 4. Jurisdiction of State Grand Bodies (Sec. 9), page 4. Who are members (Art. II), page 5. Elective OflBcers (Sec. 1), page 5. Appointed oflBcers (Sec. 2), page 5. /Failure to appear at installation (Sec. 3), page 5. Duties and compensation of Officers (Sec. 4), page 5. Officers— vote — debate, etc. (Sec. 5), page 6. Duties of Grand Sire (Sec. 4), page 6. ■Grand Sire cannot hold any other office (Sec. 2), page 7. Death, resignation and removal of Grand Sire (Sec. 3), page 7. Absence and inability of Grand Sire (Sec. 3), page 7. Duties of Deputy Grand Sire (Art. V), page 7. Duties of Grand Secretary (Art. VI), page 7. Duties of Grand Treasurer (Art. VII), page 8. Money not drawn unless appropriated (Art. VII), page 8. Duties of Grand Chaplain (Art. VIII), page 8. Duties of Grand Marshal (Art. VIII), page 9. Duties of Grand Guardian (Art. VIII), page 9. Duties of Grand Messenger (Sec. 4), page 9. Grand Representatives (Art. IX), page 9. Appointment of (Art. IX), page 9. Qualifications of (Art. IX), page 9. To be furnished certificates (Sec. 4), page 10. Contested elections (Sec. 5), page 10. Rights of Past Grand Sires (Art. X), page 10. Irapeachment of officers and members (Art. XI), page 10. Suspended during trial (Sec. 2), page 10. Suspension or expulsion by Subordinate Lodge or Encampment (Sec. 3), page 10. Session of SoTereign Grand Lodge (Art. XII), page 11. 948 INDEX. SOVEREIGN GRAND L.ODG'E— Continued. Section. Quorum of Keprcsentatives (Art. XIII), page 11. Judge of qualitications and election (Sec. 2), page 11. Kules of Order (Sec. 3), page 11. Journal published (Sec. 4), page 11. How votes taken and yeas and nays (Sec. 5), page 11. , Questions, how decided (Sec. 6), pa^e 12. Revenue of (Art. XIV), page 12. Fees, dues, proceeds of supplies (Art, XIV), page 12. Qualitications for oflSce (Art. XV), page 12. Nomination and election (Sec. 2), page 12. Members, how to visit (Art. XVI), page 12. Qualitications for membership (Sec. 2), page 13. Admitted in another State only by consent (Sec. 3), page 13. Admission of suspended or expelled members (Sec. 4), page 13. Saloonkeepers, bartenders, professional gamblers not eligible (Sec. 5), page 13. Compensation of officers and members (Art. XVII), page 14. Special Grand Representative (Art. XVIII), page 14. By-Laws and amendments (Art. XIX), page 14. Its Constitution and By-Laws supreme law (Art. XX), page 14. Constitution, how amended (Art. XXI), page 15. 2. By-Laws. The Bj'-Laws of the Sovereign Grand Lodge 2427 They are prefixed to this Digest, page 16. Petition for Subordinate Lodge (Art. I), page 16. Petition for Subordinate Encampment (Art. II), page 16. Subordinates under S. G. L. to report annually (Art III), page 17. Petition for Grand Lodge or Grand Encampment (Art. IV), page 17. Procedure to apply for such charters (Art. 5), page 17. Expenses to be borne by the Subordinates (Art. VI), page 18. Fee to accompany the petition (Art. VII), page 18. All Grand Lodges and Grand Encampments to have seal (Art. VIII), Page 19. Constitutions of Grand Bodies to be approved (Art. IX), page 19. Amendments thereto likewise (Art. IX), page 19. Annual reports to be made (Art. X), page 19. No Grand Lodge or Body in arrears allowed to vote (Art. XI) p. 20. Representative one vote, when (Art. XI), page 20. Membership in only one Lodge at a time (Art. XII), page 20. Degrees (Art. XII), page 20. Organization of new Grand Bodies (Art. XIII), page 20. Visiting— Deposit of card (Art. XIV), page 21. Dismissal Certificate (Art. XIV), page 21. Appointment and duties of D. D. Grand Sires (Art. XV), page 21. Grand Representatives to be examined (Art. XVI), page 22. To be furnished with documents (Art. XVII), page 23. INDEX. 949 SOVEREIGN GRAND LiODGB— Continued. Section. Proceedings of S. G. L. to be furnished (Art. XVIII), page 23. Dues paid to Grand Secretary (Art. XIX), page 23. Work to be adhered to— No other to be used (Art. XX), page 23. Prayer in opening and closing (Art. XXI), page 24. Regalia (Art. XXII), page 24. Conferring Grand Lodge Degree (Art. XXIII), page 26. Begalia, by whom worn (Art. XXIV), page 26. The A. T. P. W., when used (Art. XXV), page 26. Fiscal year— Annual reports (Art. XXVI), page 27. Failure to make returns (Art. XXVII), page 27. Committee on Printing Supplies, and duties (Art. XXVIII), page 27. Grand Sire may print his annual report (Art. XXVIII), page 28. Inquiries as to laws of the Order (Art. XXIX), page 28. By-Laws, how amended (Art. XXX), page 29. Inconsistent laws repealed (Art. XXXI), page 29. How made and adopted. See Constitution S. G. L. ( Art. XIX), page 14. SPECIAL FUND: See Funds; Rebekah Branch. SPECIAL MEETING: See Meetings. SPECIAL SESSIONS OP GRAND LODGE: How called and for what purposes, etc 2428 For business 2428 To confer Grand Lodge Degree and Past Official Degrees ' 2428 What Grand Officers must be present 2428 Expenses of Grand Secretary. 1754 As to annual sessions. See Annual Communications. As to special sessions of Rebekah Assembly. See Rebekah Branch. SPECIAL SESSION OF LODGES: See Meetings. SPURIOUS LODGE: Organizing or visiting prohibited 2429 STAFF : See Degree Staflf; Rebekah Branch. STANDING: See Good Standing. STANDING COMMITTEE: Of Grand Lodge, who constitutes and duties ... 2430 Powers to till vacancies in office 2430 STATE OF THE ORDER: Committee on State of the Order of Grand Lodge 2432 A regular committee appointed from members present 2432 Duties of Committee on State of the Order 2433 950 INDEX. STATE OF THE ORBEB.— Continued. Section. Certain questions referred to 2434 As to questions. See Questions. As to committee on, in Bebekab Assembly. See Bebekah Branch. STATUTE OF LIMITATIONS: See Trials; Oflfenses. Owing money to Lodge, and Statute of Limitations 1706 STAY OF PROCEEDINGS: Appeal effects a stay only in certain cases 2435 Orders for sick benefits and charitable donation 2435 Orders for money for burial 2435 An appeal does not operate as a stay, except 2436 Appeal by suspended member, no stay 2436 Grand Master no power to grant . , 2437 , 2438 Grand Master cannot suspend judgment 2438 Announcement, statement or protest. 243if Must appeal before money paid 243& Appeal to Grand Lodge and Withdrawal Card 2440 Appeal to Sovereign Grand Lodge 2441 Effect of Grand Lodge decision 2441 Grand Master cannot grant stay in appeal to Sov. Grand Lodge . . . 2441 Power of Grand Lodge 2441 As to appeals. See Appeals. STENOGRAPHER: When testimony may be taken bj', etc . . .' 506, 2669 Must be a member of the Order Note to 2669 STOCKS: Lodge may invest funds in, of Bank, Loan and Trust Co 1215 Or in other moneyed enterprise 1215 May invest funds in, of Odd Fellows' Hall 1216 May invest funds in stocks 12IM To hold in trust, etc. See Trustees. SUBORDINATE LODGE: Shall consist of at least five members 2442 Must be members of Degree of Truth, etc 2442 No legislative power except to make By-Laws Note to 2442 Grand Lodge may enact uniform Constitution Note to 2442 Where hall used for other purposes 2443 When Lodge may meet in basement 2444 How to change from weekly to meetings once in two weeks 2445 How to change to meetings once a week 2445 Petition to change from weekly meeting .^ 2446 Must notify Grand Secretary of change of meeting night 2447 Meetings must be held on week days and on specified days 2448 INDEX. 951 SUBORDINATE LiODOB.— Continued. Section. May omit meetings on holidays 2449 Opening in the Initiatory Degree 2450 May meet in new hall pending dedication 2451 When Noble Grand and Vice Grand absent, Past G. may preside. . 2452 When Noble Grand and Vice Grand absent, no Past Grand present. 2453 Settlement of controversies 2454 Compromise or settlement of financial questions 2455 Application for pecuniary aid 2456 Rights as regards its own members 2457 Rights of members to speak 2458 By-Laws depriving of, void 2458 Account of moneys paid to Grand Secretary 2459 Account of supplies and property received from Grand Secretary. . . 2459 Duty of Grand Secretary in regard thereto , 2459 Such accounts or reports to be sent to chairman of Finance Com- mittee 2460 To annul or rescind its action 2461 OflBcers are not the Lodge 2461 Obedience to the Grand Lodge 2462 May refuse permission to join Lodge further from residence 2463 Location. See Location of Lodge. Regular meetings must be held 2464 Neither Lodge nor Grand Master can dispense with 2464 Opening Lodge 2465 Day and hour of meeting 2466 Cannot reopen the same evening 2467 Conduct unbecoming a Lodge 2468 Improper resolutions as to another Lodge 2468 Right of self-government 2469 Executive, legislative and judicial powers 2470 Presumption in favor of Lodge's action 2470 May protect itself from disorder and improprieties 2471 Duty to take receipts from D. D. G. M. for returns and money 1795 Lodges working under dispensation 2472 Degrees and dispensation 2472 Lodges exist by virtue of their charter 2473 No need to place them under control of State laws 2473 Oflfenses of Subordinate Lodges 2474 Liable to trial and punishment 2474 Charges against Lodge for unbecoming conduct 2475 A Lodge may answer questions of sister Lodge. 2476 Must print or typewrite all appeals 31 As to appeals by Lodges or Relief Committee. See Appeals. As to appeals from Lodges. See Appeals. As to appeals to Sovereign Grand Lodge. See Appeals. As to other matters. See this Index. 952 INDEX. SUBPCENA: Grand Secretary to furnish blank Subpoenas to Lodges 1761 Form of subpoena prescribed by Grand Lodge (Form No. 51) 2716 Certificate of service of (Form No. 52) 2716 Acceptance of Service of (Form No. 53) 2716 Brother must obey 2717 Procedure where brother refuses to obey 2718 Witness before Encampment Trial Committee •. 2719 SUBSCRIPTION: When cannot charge to brother's account and deny password 2477 SUICIDE: Optional to bury with honors of the Order 1285 Family of, entitled to funeral benefits if brother entitled to benefits 557 SUBSTITUTION: Of party in case of death, to appeal 50 Of party in case of death, to prosecute appeal 50 SUMMONS: Grand Secretary to furnish blank summons to Lodges 1761 Form of summons prescribed by Grand Lodge (Form No. 48) 2570 Form of admission of service of (Form No, 50) 2570 Form of certificate of service of (Form No. 491 2570 Form of filing summons (Form No. 48), page 781. A verbal notice not a legal summons 2578 As to other matters. See Trials. SUNDAY: No Lodge meetings on Sunday except for funeral purposes 2478 Permission to institute on Sunday refused 2478 Committee meetings — Conscientious scruples — Fines 2479 Picnic 2480 Where Lodge illegally holds meeting on Sunday and initiates 1498 SUPPER: See Funds; Banquet; Liquors. No liquor at, given by Lodge or held in name of the Order 1413a Cannot use funds for 1239, 1243 Nor for supper on installation night 1243, 1278 Nor for refreshments 1267 Nor for supper at Lodge anniversary 1267 May use the Special or Contingent Fund for 1239 How fund may be created for, by donation 1246, 1245 As to Bebekah Lodges. See Bebekah Branch. SU]^PLIES: Cash must accompany order for 2481 Cash, how forwarded 2481 When Grand Secretary forbidden to furnish 2481 INPEX. 953 SUPPLIES— Confinwcd. Section. Resolution concerning, to be printed on cover of Journal 2481 Grand Secretary to prepare list of 2482 Copy sent to Lodges 2482 Not to furnish supplies except for cash 2482 Committee on Printing to revise and tix the price 2483 Schedule of prices for supplies 2484 Certain supplies must be obtained from Grand Secretary 2484 Certain supplies may be obtained from him 2484 SUPPORTERS: See Officers. SUPREME BEING: See Keligion. SURRENDER OP CHARTER: See Charters; Rebekah Branch. SURETY: Not allowed in Lodge-room while action had on bond 617 Persons not Odd Fellows may be on bonds of officers 611 As to other matters. See Bonds; Officers. SUSPENDED LODGE: No member shall visit 2485 SUSPENSION OF LODGE : See Charter; Grand Master. SUSPENSION: Notice of 2486 Notice of. See Supplies. To what Lodges to be given 2486 To be given to the Grand Secretary 2486 As to black book. See Black Book. Suspension for non-payment of dues not to be published in Journal 1108 Suspended member may be removed by force from Lodge-room 1888 Suspended brother not entitled to benefits 468 Benefits during illegal suspension 395 Suspended member liable to charges. . . 2510, 2511 Publication of suspensions discountenanced 1621 Not admitted to one's own Lodge while under suspension.. . . 9, 7, 8 Suspension for cause vacates office 1727 Grand Lodge should not expend funds for suspended member 1332 As to suspension for non-payment of dues. See Dues. As to penalty upon charges. See Trials. As to dues. See Dues. As to assesHineuts. See Assessments. As to benefits. See Benefits. As to membership. See Membership. As to reinstatement. See Membership. As to appeals. See Appeals. As to fiebekah Lodges. See Rebekah Branch. 954 INDEX. TAXATION: See Assessments; Kebekah Branch. Section. Subordinate Lodge may tax its members to pay sick-benefits 322 THANKSGIVING: Lodges may omit meetings on. . 2449 TELEGRAPH: Cannot send order for password by 2051 TELEGRAPH CIPHER AND KEY: Established and its use recommended by Sovereign Grand Lodge. . 2487 Telegraph cipher and key 2487 «> TELLER: Fraudulently misreading ballots is an offense 1713 (25) As to elections. See Officers. TEMPERANCE: See Liquors; Offenses; Membership. TERMS: Subordinate Lodge, when commence and end 2488 Grand Lodge may make terms one year or six months Note to 2488 Of Di^rict Deputy Grand Master. , 1775 Of Trustees of Subordinate Lodge 2859, 2863 Of Trustees of Grand Lodge 2850a Of Trustees of Odd Fellows' Home 1658, 1659, 1661 Of Trustees of Orphans' Home (Rule 5) 2004 Of Secretary 1929 Of Degree Lodges. See Degree Lodges. Of Rebekah Lodges. See Rebekah Branch. TERM PASSWORD: See Password. TESTIMONY: As to charges. See Trials. As to benefit investigations. See Benefit*?. THIEF : See Offenses. THREATS: See Offenses. TICKETS: When Lodge cannot buy, for concert or ball 1282 Unlawful to sell raffle tickets 1420 As to assistance to Lodges. See Assistance to Lodges. TOTAL ABSTINENCE: See Liquors. TRANSCRIPT ON APPEAL: See Appeals. INDEX. 955 TRANSPORTATION: See Funds. Section. TRAVELING CARD: See Cards. TRAVELING EXPENSES: As to Representatives. See Mileage. As to installing oflScer. See Installation. As to Grand Master. See Grand Master, under head of Officers. TRAVELING PASSWORD: See Password. TREASURER'S RECEIPT BOOK (Receipts of the evening): See Supplies. TREASURER: See Officers. TREASURER'S WARRANT BOOK: See Supplies. TREASURY NOTES: See Offenses. TRIALS : page. 1 . Accuser 955 2. Charges, Demurrer, Plea, Amendments, and Dismissal 956 3. Summons 957 4. Trial Committee 958 5. Evidence and Witnesses 960 6. Objections and Exceptions 962 7. Judgment and Penalties 962 8. Miscellaneous 964 1 . Accuser. Who may prefer charges 2489 Lodge as such cannot be accuser 2490, 2491 Charges must be signed by a member 2491 Accuser must be member within jurisdiction T 2492 A brother under charges may prefer charges 2493 A brother in arrears and not suspended may prefer 2494 None but members of the Order can prefer 2495 Holder of unexpired Withdrawal Card 2496 Accuser no personal knowledge 2497 Motive of accuser . . ! 2498 Accused brother may prefer charges against accuser 2499 Per«onal knowledge information or belief 2500 Accuser need not be notified of Lodge's decision 2501 Absence of aoonser from trial 2502 Motive or purpose— witness 2603 Right to know name of accuser 2604 Accuser's name cannot be withheld 2604 956 INDEX. TBI AIjS.— Continued. Section. 2. Charges—Demurrer— Plea— Amendment - Dismissal. When not obligatory on member to prefer charges 2505 Certain charges not encouraged 2506 Petty grievances and small matters 2507 Charges are in nature of criminal prosecutions 2508 Charges against member of another Lodge 2509 Must be preferred in Lodge of accused 2509 No other Lodge has right to receive or act upon 2509 Brother suspended for non-payment of dues 2510 Suspended for a year, liable to charges for another offense 2511 Limitations 2511a No bar to murder and certain offenses 2511a Within what time certain charges must be preferred 2511a What charges shall specify or state 2512 Demurrer for insufficiency 2513 When may permit charges to be amended 2513 Accused may plead orally guilty or not guilty 2514 Charges motion to lie on the table 2515 Payment of dues does not affect 2516 What charges shall contain 2517 Specifications 2518 Time of commission of offense, place and circumstances 2519 Must state venue, that is, place or county 2520 Should be in ordinary language — technicality 2521 Precision of statement 2522 Not like indictments 2523 Charges to be direct and certain 2524 Nature of charges 2525 Charges must contain name of accuser 2526 Charges in case of embezzlement 2527 Not an Odd Fellow when offense committed 2528 Conduct unbecoming an Odd Fellow 2529 Charges in case of slander : 2530 Charges in case of perjury 2531, 2532 Not necessary testimony be material to issue 2532 Charges in case of contemptuous language 2533 Charges in case of fraud 2534 Bearing two names I 2535 Keeping opium place .....* 2536 Fraudulently claiming benefits 2537 Wrongfully claiming benefits , 2538 Profane language. Disgrace to the Order 2539 Wrongfully preferring charges 2540 Offensive and profane language 2541 False swearing 2542 False statement in a letter 2543 INDEX. 957 THIALS— Continued. Section. Battery 2544, 2546 Language used on occasion of battery 2546 Preferring of false charges 2547 When charges may be amended 2548, 2549 Amendment after trial 2550 When Lodge may dismiss charges 2551 What are frivolous charges 2552 When charges specify an oflfense, Lodge mnst entertain them 2553 Must be referred to a Committee 2553 When Lodge may dismiss 2554 Motion to dismiss charges no grounds 2555 Dismissal of insufficient charges 2556 When may permit charges to be withdrawn 2557 Dismissal or reform of charges 2558 Withdrawn, amended and dismissed 2559 General demurrer 2560 Informality— good of the Order 2561 Trial Committee may report insufficient charges back 2562 Demurrer sustained and leave to amend 2563 The proper plea 2564 Should demur before pleading not guilty 2565 Accuser not required to be present at plea or trial 2566 May be subpoenaed if needed as witness 2566 Form of charges prescribed (Form No. 47) 2567 Admission to one's own Lodge while charges pending 10, 7, 8 As to cards. See Cards and Certificates. As to dismissal certificates. See Dismissal Certificate. As to installation. See Installation. As to officers. See Officers. 3. Summons. The parties to be summoned 2568 Copy of charges under seal to be served on accused 2569 Form of summons prescribed (Form 48). 2570 Form of certificate and admission of service (Forms 49 and 50) 2570 Service of summons with copy of charges 2671 Should specify time committee will meet and try 2572 Place of committee's meeting 2573 To appear in another and distant county 2574 Time of service of summons 2575 Notice of meeting of committee 2576 Time to serve summons before trial 2577 Verbal summons or notice not legal 2578 Objects of a written summons 2579 By whom copy of charges served 2680 When personal service of summons and charges impracticable 2681 Prooednre in such cases 2581 958 INDEX. TRIALS.— Conekah Lodges (Forms Nob. 11 and 16), pages 755, 760. To consolidate Lodges (Form No. 18), page 762. WARRANT BOOK: See Supplies. WIDOW: Widow of Odd Fellow who marries and is divorced 290& The divorce does not restore her to widowhood 2906 When not obliged to pay her money 2907 970 INDEX. WIDOW.— Continued. Section. May donate to her 2907, 1226 As to benefits. See Benefits. As to funeral benefits and funeral expenses. See Benefits. As to orphans. See Orphans. As to appeals. See Appeals. As to Rebekah Lodges. See Rebekah Branch. WIPE: Lodge may provide funeral benefits for 545 Donation to wife of member of another Lodge 1223 Not to be paid for nursing her husband 1650 As to funeral benefits. See Benefits. As to offenses against. See Offenses. As to Rebekah membership and Lodges. See Rebekah Branch. WITHDRAWAL: As to appeals. See Appeals. As to charges. See Trials. As to application for membership. See Membership. WITHDRAWAL CARD : See Cards and Certificates. WITNESSES: As to trial of charges. See Trials. As to benefit investigations. See Benefits. WORK OP THE ORDER: Grand Master's duty to give instruction in 2908 Grand Master, D. G. M. and G. Warden must have secret work 1717 D. Deputy Grand Master to see the work is performed uniformly, . . 2909 Grand Master's power and duty, uniformity 1750 Grand Representative's duty to instruct Grand Master 2910 When Grand Representative not to instruct in, etc Note to 2910 Who may instruct in 2911 Duty of District Deputy Grand Master to instruct in 1784 Duty of installing officers . 2912 Must not be written 2913 Lodge or Noble Grand not to require or request a brother to write. 2913 Must not have or use key 2914 Obligations, who can administer. 2915 Staff Note to 2915 Memorizing or reading obligations 2916 Obligations must be administered letter perfect 2917 Cannot omit or add to any part 2918 Duty of Grand Lodge to enforce adherence to Note to 2918 Must be adhered to 2919 Conflict between Ritual and floor work 2919 INDEX. 971 WORK OF THE ORDER— t'on«ni ^ ^ ^ ^ 1 N ^\ f ^ ^ >^ 5I NT 1 \ ^ ^. ^ ^'^ "s ^ K c <£ 1^ X V I ^ H ^ 1 --^ ^ ^ ^ >s NT V V ^ TV o •^ N ^ .^ ^ I «>* '»'"J"MMIiPiPiPI|Rii