Universal Lodge No. 14 Free & Accepted Masons v. Valentine

Pattison, J., delivered the opinion of the Court. The appellee, Henry Valentine, was-in January, 1914, and for sometime prior thereto, Master of Universal Lodge Number Fourteen, Flee and Accepted Masons of the City of Annapolis, Anne Arundel County, Maryland, one of the subordinate lodges of the Grand Lodge of Free and Accepted Masons of Maryland. Otn the 13th day of January, 1914, certain members of s-aid subordinate lodge, in a letter addressed to Joseph P. Evans, Master of the Grand Lodge, one of the appellants, preferred charge against the appellee as Master of said subordinate lodge. The’ charges were that Henry Valentine had called a meeting of the subordinate lodge at Isaac & Rebecca Hall, not the place designated in its charter for holding its meetings, and had at such meeting transacted business pertaining to the lodge, without receiving authority from the Grand Master to hold the meeting at such place; and also with “passing an act to purchase a piece of property at the cost of thirty-five hundred dollars ($3,500) and to make a deposit payment of one thousand dollars ($1,000), with the right to give a mortgage for the remaining twenty-five hundred dollars ($2,500).” The property so referred to was to be, when purchased, a home for said subordinate lodge.

Section 6 of Article 1 of the constitution of the Grand Lodge, subtitle “Subordinate Lodges,” provides: “Nor shall any lodge hold meetings, unless authorized by the Grand Master, in any place other than the one designated in its charter, under the penalty of a forfeiture thereof.” Section 2 of Article 1 of the same'sub-title provides: ⁵⁰⁷ “It shall not be competent for a lodge to try its master. Any five members of tbe lodge or tbe District Deputy Grand Master may, however, impeach Mm before the Grand Master, who shall order an investigation of the charges; and if, in his opinion, they are well founded and of a character to justify the proceeding, he may suspend the delinquent and summon him to appear at the ensuing meeting of the Grand Lodge, to show cause why he should not be dealt with according to the regulations and usages in such eases established.” Upon the receipt of the letter containing" the charges mentioned, Joseph P. Evans, Grand Master, appointed a commission, consisting of five Past Masters, to- investigate the charges preferred against Valentine, and on January 14-th, 1914, the Grand Secretary of the said, lodge, wrote Valentine, telling him that charges had been preferred against him to the Grand Master ‘for a violation of the law and Masonic usages in holding a communication outside of the regular place of meeting without a dispensation,” and further telling him that the commission would notify him as to the time and place of investigation. This the commission did by letter of January 22nd, 1914, in which he was told that the members of the commission would sit in the City of Annapolis on February 2nd, 1914, to bear testimony in reference to the charges preferred against him. To this letter Valentine replied by letter’ dated January 25th, in which he told them that he was employed as steward at the Naval Academy Officer’s Mess, that on the date mentioned for the hearing he had to. serve a supper, where his presence would he required from 8 to 11 :30 P. M. and that it would he impossible for him to attend the meeting on the day named, but stated that “any other day will be all right for me.

Please arrange and advise me.” The secretary of the commission wrote Valentine on January 26th acknowledging the receipt of his. letter and said to him: ⁵⁰⁸ “I shall at once take the matter up with the commission and notify you at the very earliest convenience of whatever day they may set.” Butin a postscript thereto, dated January 29th, the secretary stated that: “The commission has instructed me to say to you that under no consideration can they change their, date from February 2nd, and shall expect you and your witnesses present.” On January 30th, Valentine wrote Evans telling him of the engagement which prevented his attending the meeting of the commission on February 2nd and of the letter received from the commission saying they would not change their date of sitting and asked him “to please have them, the commission, meet on Tuesday, Feb. 3rd, or Feb. 6th. Either of these days I can and will be glad to meet them. Hoping this meets with your approval.” On the following day, January 31st, Valentine again wrote the secretary of the commission telling him that it was impossible for him to be present on February 2nd, hut saying: “I can with pleasure he with yon Tuesday, Feb. 3rd, or Feb. 6th. I have referred the matter to the Grand Master.

Please confer with him.” Oh February 1st, Evans wrote Valentine stating in substance that he very much regretted that he could not have the commission defer their meeting as suggested by .him, Valentine, hut as the matter was at such time in the hands of the corolmission and as they had fixed February 2nd, he could not interfere in the matter’. The meeting of the commission was held on the evening of February 2nd at Annapolis, hut Valentine was unable to attend for the reasons previously communicated to the commission. After its meeting at Annapolis on the evening ⁵⁰⁹ named, the commission made its report to the Grand Master, in which it is stated “that after a very careful review of all the evidence, we find that Brother Henry Valentine, W. M. Universal Lodge Number 14, E. & A. M., of Annapolis, Maryland, is guilty of a very grave offense by not complying with the second common laws of Masonry by not being present at the setting of the commission when summoned to do so, also treating the commission with contempt by not sending them a written statement at their place of setting on Eeb. 2nd, stating just why he could not be present. Also Brother Henry Valentine we find has commit an offense in the violation of Article 1, section 6, on page 65.

Also a violation of Article 7, section 22, page 63, in the Masonic Digest.” The first of these sections (section 6, Article 1), as. we have stated, contains the prohibition against holding meetings in any place other than the one designated in the charter of the lodge without authority from the Grand Master. The other (section 22, Article 7) provides: “That special committees may be appointed upon any item, of business and may consist of as many members as the lodge, in its discretion, may think proper. All comittees shall report at the next stated meeting, subsequent to their appointment, and in writing, unless otherwise ordered by the lodge. All committees shall be appointed by the Master.

Members who are appointed to serve upon committees shall feel bound in honor to give patient and diligent attention to the business of their appointment, and report their conclusions to the lodge without fear or favor.” We have stated section 22, Article 7, in full, in. order that it may he seen of what specific offenses Valentino was found guilty and. for which he was. subsequently suspended. On Februarv 9th, Joseph P. Evans, Grand Master, wrote Henry Valentine stating that he would visit his lodge on ⁵¹⁰ Tuesday night, February 17th, and ordered him to have his secretary notify all members of said subordinate lodge to be present and also to notify the District Deputy Grand Master of his coming, and that he be present at the meeting. Valentine attended the meeting on February 17th, and his statement of what occurred is as follows: “After the regular routine of business had been completed, the Grand Master, Joseph Evans, was introduced by the Worshipful Master to the lodge and I gave him the chair. * * * After taking the chair he * * * said, Brother Valentine come to the altar; I did so. lie said, charges have been preferred against you by members of this lodge and a, commission have been appointed to investigate and the charges have been sustained; you are suspended; go out of this lodge. * * * He then said to the Junior Warden call off this lodge from Labor to Refreshment, and * * * to the Junior Deacon, open that door and let Henry Valentine go out of this hall * * *. Evans, in speaking of what occurred at the meeting of Feb. 17th said, “on my arrival about eight o’clock, found the lodge opened and in session. * * * I repaired to the Master’s station, as is the custom, asked him for his jewel of office, he turned over the same to me, as is the custom, I then asked for the warrant of the lodge, which he refused to give, but after some explanation and a statement as to what I had learned his purpose and motives was, I taken it out of his hand, he very reluctantly turned it loose, it was in a case.

I then * * * explained to him that the comtaission that had been appointed by me to investigate the charges preferred by the members of his lodge had made their report to me and their report sustained the charges and that I was here in the capacity as Grand Master to perform my duty as is the custom, the rules and regulations of the order, which under the circumstances, compel me to suspend him as Master of Universal Lodge until the meeting of the Grand Lodge in Hagerstown, August coming, at its regular sitting, at which timie his case would be reported by me to the Grand Lodge. That he was also ordered' to he present and if any irregularities or otherwise ⁵¹¹ he would have ample provision or opportunity to vindicate himself and his ease and asked him to please retire from the lodge, whereupon he refused. I ordered the lodge called off and the door opened and demanded that he retire. He refused and I told him I would be compelled to order bim forcibly ejected if be did not retire and be still refused. * * * He finally went out.” On tbe 13th of April, 1914-, tbe appellee filed his bill of complaint in this cause, in which be stated tbe facts as we have given them and further alleged therein that the proceedings of the Grand Master, as well as the commission appointed by bim to investigate tbe charges preferred against him, the plaintiff, were utterly null and void, and that “the corporation was without authority either in law or by the usages of said order” to hear the frivolous charges, and to find thereon, as stated herein.

It likewise alleged that if the action of the said commission and of the said Grand Master of said lodge is sustained, the plaintiff “would be denied the benefit of sick benefits in the event of his sickness and that his family would be denied tbe benefit of the death burial claim in the event of his death, and that his widow would be denied the benefit of the widow’s allowance provided by said order in tbe event of bis death, and that he is denied his rights and privileges as a Mason, and otherwise injured in his good name and reputation as a citizen,” etc. The prayer of the hill asked that the action of Evans., the Grand Master, “be declared null and void and that he he restored to his rights and privileges as a member of Universal Lodge Number Fourteen, and that the said Grand Master and Universal Lodge Number Fourteen he enjoined from interfering with him in the exercise of his rights as Master of said lodge, and from preventing him from attending the meetings, thereof.” The Court passed an order thereon directing the writ of injunction to be issued, as. prayed, unless cause to the contrary be shown, on or before tbe day therein named. ⁵¹² Evans, the Grand Master, answered the bill, denying that his action in suspending the plaintiff was null and void and alleging that it was in strict accordance with the laws and constitution of the order. The other defendant, Universal Lodge Number Fourteen, the subordinate lodge, filed its answer admitting the facts alleged in the bill of complaint and consenting to the granting of the relief prayed. While these proceedings were still pending in the Equity Court for Anne Arundel County, the Grand Lodge met in Hagerstown, in August, 1914. In the meantime, however, Valentine had employed counsel and had talcen an appeal from the action of the Grand Master in suspending him.

The regularity and sufficiency of the appeal is not assailed. Then Grand Lodge met on the 17 th of August. Valentine was there with McGuinn, his counsel, and with