Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-26

We find the following opinions in the
National .FFeen1dSOn

MORE LAW.
We find the following opinions in the
National FFeemasOn:
c. S. Y.-"A candidate was proposed
and elected ia my Commanders, but be-
fore the conclsve at which he was to have
receivld the order of the Red Cross, be
was thrown from vehicle, his leg so
| badly broken that it had to be smputa-
ted, and he made a permanent cripple.
In view of the circumstances, ought he
not TO be allowed to proceed ?''
| AnSUGr-NO. The practice in this
/ State Is founded on that of the Lodge
which requires a man at his initiation TO
/ be hale and sound, but regards q main
afterWard received as no bar to progress.
| Thus a Chapter would refuse 10 confer
! the Mark on a Master Mason not hale
and sound, but would advance a Mark
! Master becoming manned after the re-
! ception of that degree. In like manner
| with the Commandery, al applicant for
| the first Order must be physically whole
an accident after receiving that Order
would make no difference.
This is very modern law, we think,
! ifit is law at all There has never been
any such rule in any European Rite or
| System, so far IS we know and nothing
of the kind is enacted by the fundsmen-
| tai law Of American Chapter Masonry or
Templarism. Ifa man may become. a
Master Mason, though manned after
initiation, there is no reason that we can
imagine, Why he may not continue to
| advance. The provision Of the old law
as to bodily qualifications only applies
| in terms TO apprentices. II it does not
prevent these from advancing, when
manned after initiation, this must be
because it applies exclusively 70 csndi
dates for initiation. We do not believe
that, by any fundamental or old law, it
applies at al, in Chapter Masonry or
Templarism; and we EROjo it does not in
the Ancient and Accepted Scottish Rite,
into which, indeed, a good deal OF the
modern nonsense in the shape Of Ma
sonic 'idlC' has not yet found its way.
JUDGMENT. .-'' A Lodge at the regular
time OF choosing elects a Master and
Wardens, and, the hour being late, puts
off the installation to another meeting.
At that meeting the Master elect declines
to be installed. Under these ecircumstsn-
ces the old Master claims to hold over,
while others claim that the Wardens
should be installed and the. Senior War;
den act as Master. What is your
opinion
AnstUer.-In our judgment the old
Master would be obliged to hold over.
Every Master is elected for one year, or
until his successor is elected and installed.
An elected Warden is not the successor
Of an actual Master; when installed the
Warden becomes under certain circum-
stances the tOcJtUl te7le7iS OF the Master, |
but be remains a Warden still, and ID
therefore not q lawful successor Of q supe- 4
rior officer. 1t might appear that the |
Master elect refusing to be installed, the /
Warden would naturally take his place /; I
but when we reflect that the Warden is |
elected Warden, and nothing else, we
see that he cannot assume functions notl
belonging to him or his office.
This argument does not seem to US
particularly conclusive. If a Warden
can in any case sit as Master and conduct /
the work, in the absence OF the Master,
and Il in case Of the death or resignation
Of the Master he becomes his 10 cam
tene7lS until the end Of the term, lUhv isl
he not the successor of the former Master,
il the Master elect dies before installa-
ton or refuses to be Installed? =?
The old law and landmark was, that
upon the death, resignation, etc, Of
Master, the Office reuerted to the last Past
Master, as Of night. The Grand Lodge
Of England had no right to change that,
and the old rule ought to be restored, if
there is any peculiar quail lifcGtion neees-
sary, as part of the ceremony Of install
lstiOn' Of Master, which is known to
Masters only, and without which he is
not qualified to preside as Master
For the Wardens do not obtain that
qualification. How then can they take
the Masters place, and become to all in.
tents and purposes Master, when the
Office becomes vacant? When the Mas
ter dies, If the Warden succeeds to his
Office, or is to perform the duties, he
ought first to receive that part Of the
ceremony OF installation.
1t was because q Warden was not so
qualified, that when the Master died, the
office reverted to his predecessor AS n
the law now stands, it is nonsense to
talk about the peculiar qualification or
part Of the act Of investiture necessary to
the Master, when Warden ean preside
and conduct the works without it. II
When the President dies, and the
Vice President succeeds him, he become es
President. If the former were to die
before being actually invested with the ]
Office, the latter would take it, The for
mer President would not hold over. The
country cannot be without a President.
A Lodge is no Lodge without Master.
1t is the theory Of the old French Law
the King never dies,-or, "the King
dies, the King lives" ia
1t is quite time that we had an author
itative code Of Masonic law. Grand
Lodge Edicts and decisions, Grand Mas
tefs' decisions, and Editors oracular ]
opinions are making a sad muddIe Of the
law and jurisprudence Of Masonry, in
which ordinary legal principles and com
mon sense also are too often set defiance.
We have three or four books on Masonic
Jurisprudence, not one Of which is writ
ten by $ person having any knowledge ,
OF the general law, Common or Civil, as I
q science. 1t is 8 great error to suppose {
that general principles of Civil Juris-
prudence do not form part Of Masonic h
law; or that q man can argue legal prop ]
ositions correctly who has no training as
a lawyer, especially if, as is the case with !
some who attempt il, be has no knowl-
edge Of any sort, bnt only smattering
OF knowledge and an immense selfeon-