Smith v. Merriott

Burke, J., delivered the opinion of the Court. Charles R. Smith, the appellant, is a member of Hiram H'oly Royal Arch Grand Chapter of Free and Accepted Masons. It is an association composed of subordinate bodies called Chapters, and its membership is made up exclusively of colored persons known as Royal Arch Masons. It will be referred to in this opinion as the Grand Chapter or Grand Lodge.

It is supreme in its authority over its members and over the members of subordinate Chapters. It has a constitution and by-laws for its government. Prior to May 8, 1915, the appellant was a member and secretary of a subordinate Chapter, known as Enterprise Lodge No. 3,—his term of office expiring in July, 1915. He had been a Past Master of said lodge and as such Past Master he became a member of the Grand Chapter.

In May, 1915, Milton R. Lee instituted a suit in the Circuit. Court No. 2 of Baltimore City against the Grand Lodge and Enterprise Lodge No. 3, and certain officials of said lodges. This suit was brought for the reinstatement of Lee as a member of said Subordinate and Grand Lodges,—he havingi been previously suspended as a member of said lodges. That case (Worshipful United Grand Lodge, etc., v. Lee) found its way to this Court and is reported in 128 Md. 42 .

The appellant, as an official of the Subordinate Lodge, was made a defendant to that suit. He officiated as Secretary of the Enterprise Lodge No. 3 until August 25, 1915, and was summoned to testify for Lee in said suit. In July, 1915, charges ⁴⁴⁹ were preferred by the Grand Lodge against the appellant, and he was found guilty by a commission appointed to investigate them, but upon appeal to the Grand Lodge that body on August 16, 1916, reversed the finding of the commit si on. From July 30, 1915, until August, 1916, by virtue of the charges, and suspension the appellant was deprived of his membership», and all .fraternal relations in said Masonic order.

In November, 1913, the appellant was duly elected and installed as the Most Excellent Grand High Priest of the Grand Chapter, and in November, 1914, he was re-elected to said office for' a, term of one year, or until his successor should be elected and qualified. In November, 1915, the de>fondants,—who are the officers of the Grand Lodge,—»were elected and installed. It is alleged in the bill that the appellant “is in possession of a bank book in the name of the Grand Chapter in the Savings Department of MÍaryland Savings Bank, and that your orator is in possession of the sum of fifty dollars, the property of said Grand Chapter; and that your orator has no other properties or moneys belonging to said Grand Chapter, or any books, papers or instruments of writing whatsoever; that your orator has always stood ready and willing to deliver the said sum of fifty dollars, and said Savings Bank book to the proper and lawful representative and officials of said Grand Chapter, and he is now ready and willing, upo»n the determinatio»n by this Court of such proper authority or official to receive said funds and. bank book, to surrender and deliver the same over, but that your orator has refused and now does refuse to deliver said funds and bank book to said Merriott, or to» any other of the defendants, because he charges that neither said Merriott nor any of said defendants have any rights in and to the same, nor would this complainant be relieved of responsibility should the same be turned over to said defendants for th© reasons heretofore alleged by him.” How long he has had possession of the bank book and money and how he got possession of the ⁴⁵⁰ same' is- not stated. It also- appears from the eighth paragraph of the bill that the appellant has been charged by the Grand Lodge with insubordination and maliciously holding property belonging to it, -and that it has appointed a commission -and notified the appellant to- appear before it in the Masonic Hall, on September 13, 1916, presumably for the purpose of a hearing on said charges.

On September 11, 1916, the bill in this case was filed, in which it is prayed: “1. That the defendants, and all of them, may be restrained from the further prosecution of the charges set: forth in paragraph eight of the bill of complaint, until the further determination of this court. “2. That the court take jurisdiction of this cause, and. determine the proper person or persons to whom your orator shall surrender and deliver the funds of said Grand Chapter and the bank book controlling the withdrawal of the savings funds of said Grand Chapter, unless the court shall find that your orator is entitled to the possession of the same, until a proper and lawful election of officials of said Grand Chapter shall be held and proper persons installed to receive said funds and savings bank book; and for other and further relief.” The plaintiff rested his right to the relief prayed for upon four grounds: First, want of jurisdiction in the Grand Lodge to thy him; second, the illegality of the election of the den fendants as officers of the Grand Chapter and his right to be protected in paying over the funds in his hands which he admits belongs to the Grand Chapter; thirdly, the protection of his property rights-as a member of the order; fov/rthly, that no appeal is provided from the action of the Grand Chapter; that the proceedings against him are not taken in good faith and that he apprehends that the defendants will cause his expulsion from the -Subordinate and Grand Lodges. We-can have no doubt as to the power of the Grand Chapter to try the appellant upon the charges preferred against him.

It is the supi’eme governing body of the order, and it ⁴⁵¹ is declared by the constitution to be invested with, executive, legislative and judicial powers. The