CASE IN JURISPRUDENCE. CASE IN JURISPRUDENCE. 91 We take the following interesting cases from reports by the Committee on Jurisprudence, in the Grand Lodge of Maine, of which our intelligent Brother R. W. WM. P. PREBLE is chairman: BALLOTING FOR CANDIDATES. The D. D. for the First District reports as follows: "In one of the Lodges of the District, at a stated meeting, two applications for the degrees in the gift of the Lodge were acted upon. One of the candidates was accepted, and the other rejected. At a subsequent stated meeting of the Lodge, the fact appeared that a Master Mason, not a member of the Lodge, had acted upon the two applications named; and the Lodge then proceeded to re-consider the former action, and voted again upon both applications, and elected both candidates. "The W. M. not feeling perfectly satisfied with the action of the Lodge in the matter, called on me with this statement, before any degree had been conferred on either candidate. It is not necessary for me to recapitulate any reasons here for the rulings made, and I therefore only present the action had in the case. By my direction, the W. M. ordered the Secretary of the Lodge to furnish a full and com. plete list of all the members of the Lodge, and this was placed in the hands of a trusty and well qualified Brother, who notified all members in person, that could be found in the jurisdiction, of a special meeting of the Lodge, and for the purpose of considering the matter in relation to these two applications. A return of his doings was made to the Lodge at the special meeting, by which it appeared that he had endeavored to find every member of the Lodge, and had actually notified nearly all in person. "I was present at the meeting, and after the Lodge was opened, by request of the W. Master, presided. I stated to the Lodge that I had examined the matter as fully as I had had opportunity to do, and was prepared now to give my decision. The voting at the first meeting, upon the application of the candidate who was accepted, I deemed regular and legal, inasmuch as the person voting, who was not a member, could not by any possibility have changed the result. In the other case, I deemed that the candidate might be balloted for again, inasmuch as the result might have been changed by the vote of the person not a member. The second balloting at the second meeting I deemed irregular-as in the one instance unnecessary, and in the other illegal, as no notice of such intended action had been given to the mem bers of the Lodge. I therefore ordered a ballot to be taken upon the application of the candidate who had been rejected at the first meeting, and he was unanimously elected to receive the degrees in the gift of the Lodge. The gentleman was that evening made a Brother, and is now a M. M. in good standing, and I have no doubt will be an honor and a benefit to the Craft. I have thus presented the matter as succinctly as possible, and ask for the decision of the Grand Lodge upon the decision. I have acted according to the best light I had, and if wrong in my decision, I hope and trust no serious injury will result therefrom." As the candidate accepted received all the ballots cast, manifestly the illegal vote could not have changed the result, and the second ballot was erroneous. The candidate rejected might have been black-balled by the illegal vote. The mode recommended and adopted is liable to the objection, that it includes the reconsideration of the ballot when the result was unfavorable; we cannot therefore approve of the course, although in this case every possible precaution seems to have been taken to prevent any complaint of surprise. The preferable mode in such case would be, for the candidate to present a new petition, which would then take the usual course, and if the rejection was occasioned by the illegal vote, he would be elected. This course is only liable to the objection that it necessitates the delay of a month; while it is the unanimous opinion of Masonic writers and Grand Lodges, that the unfavorable ballot cannot be reconsidered. NON PAYMENT OF DUES. The Committee on Masonic Jurisprudence, to whom was referred the decision of the D. D. G. M. in the 3d Masonic District, in 1860, have had the same under consideration, and report. He reports : "In many of the Lodges there is a by-law to the effect that a member neglecting to pay his dues for a certain length of time shall forfeit his membership. "Under this by-law, after the expiration of the time specified, in some Lodges the Secretary strikes the names of all delinquents from the roll at his own discretion, in others he does it by order of the W. M. "I have uniformly expressed the opinion that the only proper way to execute this by-law, was for the Secretary to report to the Lodge the names of the delinquents. The W. M. should then order notice to be served on such delinquents to appear before the Lodge, on a designated evening and shew cause, if any they have, why their names should not be stricken from the roll. That this notice should be brought home to the delinquents, and on the evening specified, if the delinquents ap. pear, their excuse should be heard, and the Lodge should decide on its validity. If they do not appear the facts should be made manifest to the Lodge ex exparte. And the penalty should only be inflicted by the vote of the Lodge after they had had an opportunity to offer their excuse if they wished so to do. I have reason to believe that this by-law has been sometimes used for the purpose of getting rid of members against whom no charges could be sustained." No Mason should ever be deprived of his privileges of membership, either in fraternity, or in his private Lodge, without due notice and trial. BY-LAWS. The committee are of opinion that a code of By-Laws is not the proper place or Moral Disquisitions, or for establishing and defining the duties of the installed officers of the Lodge, particularly those of Master and Wardens, or for prescribng what shall be the conduct of the members of the Lodge; these all being set forth in the ancient Charges and Constitutions, and in the Installation service, every Lodge must observe them; and if the Master does his duty, there is no danger but the Lodge will be more thoroughly versed on these matters than if their By-Laws, with which very few of the members are conversant, were encumbered by them. It is perhaps well, although some may say it is an encroachment on the rights of the Master, for a Lodge to establish rules of debate; but if established, the committee do not regard them as by-laws, or as appropriately included among them. In these days of intense light, when every farthing candle imagines itself to be a Drummond Light, Solons and wise men innumerable spring forth from every Lodge, and failing of other means by which they can cause their light to shine before men, they conceive the idea that the By-Laws of their Lodge need tinkering, and that they are just the men for the emergency. The consequence is, that although the By-Laws of many of the Lodges have been once sanctioned and approved by this Grand Lodge, yet many of them have been altered so often that very little of the original By-Laws remain. The members of many of the Lodges think that after the By-Laws of a Lodge have been approved by this Grand Lodge, they have the right to alter and amend their By-Laws as often as they please, and that they need not be submitted for approval. The committee deen this to be a very serious mistake: they fully concur with the decision in Moore's Digest, p 54, that "a Lodge may make its own By-Laws, subject to the approval of the Grand Lodge; but it cannot suspend them, nor any part of them, nor can it rescind, repeal, abrogate or amend them, without the consent of the Grand Lodge." ANCIENT BANNERS AND STANDARDS. BANNERS have been in use from the earliest ages, Zenophon gives us the Persian Standard as a golden eagle mounted on a pole or spear. The raven has been regarded from very early ages as an emblem of God's providence, no doubt from the record in Holy Writ of its being employed to feed Elijah, the prophet, in his seclusion by the brook Cherith; and it was a well known ensign of the Danes at the time of their dominion in this country. In the year 742 a great battle was fought at Burford in Oxfordshire, and the Golden Dragon, the standard of Wessex was victorious over Ethelbald, the King of Mercia. The banners of several of the Saxon Kings were held in great veneration, especially those of Edmond the Martyr, and of Edward the Confessor. The latter displayed as an ensign a cross glory, between five martlets, gold, on a blue field, and which may still be seen on a very ancient shield in the south aisle of Westminster Abbey. When William the Norman set out to invade England, he had his own ensign, the Two Lions of Normandy depicted on the sails of his ship, but on the vessel in which he himself sailed, besides some choice relics he had a banner at the mast head, with a cross upon it, consecrated by the Pope to give sanctity to the expedition. Indeed it has been the practice in every age for the Pope to give consecrated banners whenever he wished success to any enterprise ; numerous instances of which might be cited in very recent times. And in our own army down to the present day whenever any regiment receives new banners (or colors, as the modern term is,) the regiment is drawn out in parade, the colors are then blessed by the prayers of the chaplains, and afterwards generally presented to the regiment by the fair hand of a lady of rank or distinction. The ancient Egyptians used a great variety of standards, each regiment and company had its own peculiar banner or standard, which were consequently very numerous and various in their devices. A beast, bird, or reptile, a sacred boat, a royal name in a cartouche, or a symbolic combination of emblems, were the most common forms. As they appear to have been objects of superstitious veneration that were selected for this purpose, they must have contributed greatly to the enthusiasm so highly valued in battle; and instances are common in all *From the London Freemasons' Magazine. history of desponding courage revived, and prodigies of valor performed on behalf of those objects which were so identified with national and personal honor. We have in the Ninevah sculptures some highly interesting specimens of the ancient Assyrian standard, consisting principally of two varieties which may be seen on inspecting these sculptures in the British Museum. Cæsar has recorded a fine example of patriotism to the credit of one of his own officers when he attempted to land his Roman forces on our shores, and meeting with a warmer reception than they anticipated from the Britons, considerable hesitation arose among his troops, but the standard bearer of the Tenth Legion, with the Roman eagle in his hand, invoking the gods, plunged into the waves, and called on his comrades to follow him, and do their duty to their general and the republic; and so the whole army made good their landing. Allusions to standards, banners, and ensigns are frequent in the Holy Scriptures. The four divisions in which the tribes of Isreal marched through the wilderness had each its governing standard, and tradition has assigned to these ensigns the respective forms of the symbolic cherubim, seen in the vision of Ezekiel and John,—that of Judah being a lion; that of Rueben a man; that of Ephraim an ox; and that of Dan an eagle. The post of standard-bearer was at all times of the greatest importance, and none but officers of approved valor were ever chosen for such a service; hence, Jehovah describing the ruin and discomfiture which he was about to bring on the haughty King of Assyria, says-" And they shall be as when a standard-bearer faintieth." MASONRY IN MINNESOTA. THE ninth annual meeting of the Grand Lodge of Minnesota, was held at St. Paul, in October, 1860. In the rapid growth of the Order in that new State of the northwest, it is a pleasure to find the prevalence of correct sentiment presented by the Grand Master, A. T. C. Pierson, in his annual address. MISSION OF MASONRY. I believe that Masonry has an earnest, practical mission; that it means something; that when it says, you shall not throw stones, it means just that, and should be obeyed accordingly. That our symbols mean something; that their teachings are not an empty farce-of no use but to say to the world, see, our teachings are Christian, come join us; that it requires its disciples to be honest men, demanding honesty in contracts, sincerity in affirming, simplicity in bargaining, and faithfulness in performing; that it requires us religiously to keep all promises and covenants, though made to our disadvantage, and though afterward we may find we might have done better. Nothing should make us break a promise unless it is unlawful or impossible. The obligations of Masonry are not fulfilled in contributing to the relief of Brethren in distress. The objects and ends of Masonry are not accomplished in pecuniary relief; that can be done outside as well as inside of the Order. Something more, far stronger, is required. Something to reconcile man to his kind; kindly sympathy in all its varieties; cordial and wide-spread benevolence. Where there is strife and hatred among Brethren, there is no Masonry, for Masonry is peace, brotherly love, and concord. The true Mason thinks no evil of his brother and cherishes no designs against him. As to censoriousness and calumny, most salutary and stringent is the curb which Masonic principles, duly carried out, apply to our unbridled tongue. SUDDEN DEATH. We find the following notice of the sudden death of the late Brother Rev. O. J. FERNALD, Grand Chaplain of the Grand Lodge of Maine, in the proceedings of that body in May last. It is an eloquent tribute to a worthy man and Mason: "Our Brother was in the city on Monday to attend this communication of the Grand Lodge. He received news of the death of a friend and parishioner, and a request to attend the funeral. Ever prompt in the discharge of his duties, he at once set out to return home, where, alas! he never arrived alive. He had been in ill health since two years, and had become somewhat prostrated. This prostration rapidly increased on his way home, and when he arrived at Rockland, he was insensible. Warm and devoted friends and the most skillful physicians did all that human power could do to stay his departing spirit—but all in vain. The fiat of the Supreme Grand Master had gone forth. Our Brother sank during the day, and at eleven o'clock Tuesday night fell into that sleep that, in this world, knows no waking. But though the summons came thus suddenly, we confidently trust it did not find him unprepared. His work was done, and well done. Like a faithful Mason, he fell at his post, with his armor on. But though dead, he still lives. He lives in his works; in his services to his fellow men; in the memories of his Brethren; and in the example he has left us of a true man and faithful Mason. While we mourn that he should be snatched from us in the prime of his usefulness, we have the joyous consolation, that our loss, irreparable as it is, is his infinite gain. For 'sustained and soothed by an unfaltering trust' he approached his grave, 'like one who wraps the drapery of his couch about him, and lies down to pleasant dreams.' But his death concerns not him alone; it speaks to us, in tones that cannot be misunderstood-' Be ye also ready.' "Death, like an ever-flowing stream ILLUSTRATIONS OF CORN, WINE, AND OIL. MAY the seeds of the Corn scattered on this stone remind us of the seeds of God's Word sown plenteously in the Lord, and for which the blood of martyrs has been shed to nourish, that they may bring forth fruit of a hundred fold in our hearts, and yield a plenteous harvest on that day when the Lord shall come to gather up the wheat into his garner. We pour Wine on this stone. We anoint it with Oil as emblems of bliss and consolation; may they be regarded as types of the good things which the Most High has reversed for those his true and faithful servants who, after the day of trial and affliction here on earth, shall hereafter receive the cup of blessing, and be anointed with the oil of gladness above their fellows. |