The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-11-08

IN
taken up to the Supreme Court, where the Judgment
has been wrongly imposed, that court will them
selves resenteDce direct the court below to do
And in analogy to the principle aud proceedings in
courts OF law regulating cases OF this KIND we hold
that IL was entirely competent LOT tue supreme
it has jurisdiction to properly issue the cause aud
carry 1t on TO the end in accordanCe with the law OF
the order il could treat that which had been done
extra judicial and therefore in no proper sense
as part OF the cause. The direction is simply to
dispose OF 1t as the law directs.
This conclusion requires US TO go one step further
and examine into the right Of the defendant Search
occupy his chair and TO perform the duties Of g.
w. r., whilst under charge. The Supreme uncil
have answered this question as follows The
appeal OF j. T. Uber from the action of the Grand
Temple of Pennsylvania in the case Of w. H Clu-
lev against o. L Search, having been sustained by
this hody, and the case having been remanded back
to the Grand Temple, leaves him still under charge.
The committee reported tnat the case comes under
a decision OF the sixth annual session of the
Supreme Council (prfnted proceedings, page 29),
''That officer be permitted to occupy his chair
while under charges in any temple OF our ORDER
The report of the committee was adopted by the
meaning of this decision, and to what extent is
Search ant cted by IL? This brings up the question
OF the power OF the highest tribunal OF the order TO
declare one under charges subject to the disability
OF not being able to occupy his chair until they are
disposed Of. We have already seen that II is ex-
pressy declared In the Constitution OF the Supreme
Council that they shall exercise the supreme power
of the order; and in article this power is shown to
be most plenary. The fundamental law OF all bodies
below the chief tribunal may be departed from by
order OF this higher body. The article reads:-"Al
strictly by the rules laid down in the ritua well
by the established constitutions, from which they
the Supreme Council" This power is the most
ample that could be conferred; the fundamental law
may even be put aside by theirsdecree, and this 1t
must not be forgotten, is the law which the memeers
of the order have prescribed for themselves; to
which they have voluntarily made themselves sub
ect, and from htcE there is escape for any one
so long as he remains member OF the order. III 1t
becomes burden too great for him TO bear, the
door is open, and the way to freedom Is plain and
short.
alter, amend abolish, explain any OF the existing
usages or laws, as well as to establish new ones"
In this provision is contained the express authority
to establish usage or law in the language OF the
one under consideration. and which seems to have
been just declared established at the sixth annual
session Of the Council. II it be regarded as explana-
tory existing usage 1t is by the letter
Of article IL 1t Is treated as the estaolshment OF
power conferred on the Supreme Council. With this
statement OF the organic law as we find It in the
printed constitution OF the tribunal there is, we
think end to all controversy upon the awfulness
| OF the rule which has been called in question.
1t yet remains to determine the true import OF the
| regulation and the extent OF its operation.
When it is declared that no of1cer be pernitted to
occupy his chair while under charges s it intended
! to pronounce him suspended for the time from the
exercise OF all the powers and duties OF his oce or
that the privilege OF occupying the chair at the
meetings or assemblages OF the Temple, which Is
mere incident OF orwhich pertains to his Office shall
alone be taken away from him until the charges are
disposed OF? The latter construction is not dest'
tute OF good and substantial reasons that can be
| urged in its favor The contrary view, to some ex-
cence is to be presumed until guilt is proved. 1t is
one thing to say that it is not seemy that an oticer
shall clothe himself with the regalia OF his once and
publicly bear rule before his felow-members but 1t
trial. he shall be so far deemed guilty that his once
snail be taken away from him and given TO another
The exercise Of such power is not to be favored,
member Of the body 10 take from one chosen TO
oflce the honors and privileges OF his position, which
have been conferred on him by the free voice OF his
fellows Envy, jealousy, hatred or malice by the
one Interpretation have given TO them the freest
scope by the other motive, for their Indulgence Is
| taken away.
The general practice is in accord with the more
liberal Interpretation Of the regulation OF the Su-
| preme Council. And In ne case can such conse-
quences follow impeachment, unless it has been
clearly enacted or decreed by competent authority.
1t is only necessary recite the recent memorable
example OF the President OF the United States
cising the powers OF his high ONCE during all the
time his trial for high crimes and miscemeanors was
in progress. In the Constitution OF Pennsylvania
there is provision for the impeachment OF civil on
GERS, but no suspension Of ofcial powers attaches
pending charges. But that which we think is con-
Gil intended to give their law the broader sgnin-
cation contended for they have not said so; they
dGerept mes9ine WHICH According to TundaHepta
canon OF construction requires Us to lean to the mere
liberal view. This law OF the body being penal in its
character must be strictly construed; where right
| is to be taken away or degradation or punishment
inflicted however lawful In ITSELF 1t must not be left
asked to give to tropes and figures OF Speech which
may have reasonably assigned TO them different
| probation mentioned above.
The a1ldavits upon the fact of usage are severely
balanced the an1rmance and denial upon this point
| do not advance the question beyond where the
declarations OF the Supreme Council have placed it.
We are therefore OF the opinion that cannot give
to the law OF the order broader signincation than
| its language demands That reason analogy, poll
cy and sound Interpretation alike require that the
construction OF the rule shall be held in its strict
and literal sense; that II all that pertains to Office
is to occupy the chairs at the meetings OF the Tenn
pie, the ofice for the time being Is taken away but
that II other rights or duties appert9n to the ocial
position Of one against whom charges are pending,
he is free to perform and 10 enjoy such rights and
privileges until stripped OF them by hnal and
regular judgment in due form OF the law OF the
order.
&How then does the case stand upon the view which
we entertain OF the true meaning OF the rule q?
Search is still under charges, which the Crane
Temple are required by the decision OF the Supreme
Council to take up and dispose OF in the manner
pointed out In the bylaws The committees not
to make report, as they should have done In the
first instance, when the Grand Temple Will be re-
CURED TO consider the report at future meeting
Pending the cause Search cannot NIL his chair ii
any meeting OF the Grand Temple, hut he can dis
charge all the other duties OF q. W. r.. ner can he
be deprived OF his office by any sentence short OF
suspension or expulsion or by regular trial and
conviction provided for in the law OF the order.
AS to r.. II. Semple, assuming to perform the du-
ties OF G W. t., his conduct is not under, but con.
trary TO, law. His whole procet ding is revolution
ary, without even color Of right. The Injunction
te him is granted as prayed for. Against the de-
PENDANT Search injunction will be granted to re-
strain him from filling the chair OF q. W. X. at the
meetings OF the Grand Temple, and refused as &c
him.i
In support OF the authority to grant the relief
prayed for it is sufficient TO cite Commonwealth VS.
Pike Beneficial Society, s. w. & s., 260, where the
charter provides for the oense and directs the mode
OF proceeding, the sentence is conclusive on ths
merits.
Tosam vs. Howard, Ass. L. Barr, 3d. Courts en-.
terrain jurisdiction TO keep these tribunals within
Arnnc nrfo fOr nj ant. DndHf Hfssaaw