Omaha daily bee., 1889-08-29
THE MASONIC WAR In IOWA.
Second Chapter In the Cerneau
H.. Scottish Rite Case.
ANSWER OF THE GRAND LODGE.
Judge Preston Sets the Case For
Hearing on September 8 at
t,sq Tipton-Synopsis of the
"t'& 'ds -. Answer.
,fhe scottish Rite Cnsn.

fhe Scottish Rite Case.
CEDAR RAPIDS, August 2s,-[Special to
The BEE. The grand lodge of Iowa, A. F.
& Al MI contributed the second chapter
in the sensational Cerneau Scottish Rite
case by filing, TO day an answer to the petit
ton foss q temporary injunction and praying
forsadissolution of'the same. The defend
ants state that they deny every allegation
centafned IN. the petition of Tie plaintiff ex-
cept one or-two minor points, and allege that
Masonry is q voluntary association of citi-
zens forchatitable and benevolent puposes;
that the grand lodge of Iowa is the sovereign
legislative and judicial body; that the grand
lodge. is not engaged in any kind of business.
nor are any of tho subordinate lodges, and
the moneys derived from mutations and
otherwise are expended for the maintenance
of those bodies; that it is not true that those
who obtain the three degrees and pay their
annual dues are entitled to ali the privileges
and fraternities, OF Masonry, that only such
are entitled who comply with the laws of the
grand lodge and the laws of the subordinate
lodges, and the fraternity rig hts consist only
IN improving the morals Of those who are
members of the said subordinate lodges, and
thepromotion of social relations among them
and performing various charitable acts
wholly disconnected from any business trans
actions.
After recitihg the allegations of the en-
joiners in which the grand lodge agrees, the
defendants aver that prior to 1885, one Of the
grand lodges having the same jurisdiction in
eighty and other powers, proposed certain
principles for adoption by each of the grand
lodges OF all the other states, with the view
and purpose of entering into q compact of
Masonic, law. This Is merely an agreement
in comfy among the several grand lodges
thaoa
tions, which were enunciated by the grand
lodge of Louisiana and subsequently
adopted by the grand lodge of
Iowa. THIS treaty, however, was
and the defendants allege that at the time of
its consideration by the grand lodge of Iowa
it was not known that there was any conflict
between the alleged plaintiff and any other
organization claiming TO be the grand con-
sistory, as to which of SAID bodies was en-
titled to act within the state of Iowa. The
defendants then recite the address OF Grand
Master Blackman, of the grand lodge Of
Iowa. upon the subject of Cerneau Masonry,
and the report of the committee which was
appointed upon that address and which sub
sequently reported that any unharmonious
elements in the grand lodge were dangerous
for the prosperity of the order, and they
unanimously agreed that the grand lodge
had the undoubted power to legislate upon
the question, the said grand lodge being the
sole proprietor of symbolic Masonry in the
state, that power being reserued by the
constitution of the grand lodge itself. The
committee further said that they were not
called upon to determine the legitimacy of
either of the ancient aud accepted Scottish
rite bodies now occupying the territorial
Jurisdiction of the state, but were confronted
with condition and not a theory.
After reciting the difference between the
Scottish rite bodies in Iowa and referring to
the action of the grand lodge of Ohio, which
passed resolutions providing for the expul-
sion Of any member taking, receiving or COM
munlcaLing the Cerreau or other degrees, the
committee recited numerous other incidents
of similar exercise of authority and recon-
mended the adoption of the resolutions which
have precpitated this legal settlement.
The defendants further state that as Ma
sonry is wholly voluntary and any member
at any time may withdraw therefrom, that
no mode of discipline or punishment for vio-
lation,o any Of it's requirements or laws has
ever existed or ever been exercised or at
tempted to be exercised: that the member
ship of any individual of any subordinate
lodge may at any time be terminated by ex-
cluslon from membership of the said grand
lodge; that the said grand lodge possesses
the right to decide for itself what the quail
fication of its members shall be, what quail
tications shall be required for a continuation
of membership, and that, being such q vol
untary association and exercising no
control whatever over the civil rights,
theag courts possess no power to inquire
into the qualification of its members, either
In the grand or subordinate lodges.
The defendants specifically deny that they
have ever combined or confedcrated to-
gether; deny any wrongful or illegal or op.
pressve act; deny that the action of said
grand lodge is illegal; that they have ever
Threatened, coerced or sought to compel any
person to lay aside his material rights. They
further demand that the injunction shall be
dissolved and for judgment for cost of suit
and asserting that the grand consistory of
To- of thoa a,1, nD1aa aplIn N! nf hn
and Accepted Scottish Rite is voluntary
association of individuals, and not corpora
tion or corporate body of any kind, it pos
sesses neither the right to sue or to be sued
and therefore the courts can not grant it any
relief. a
Judge Preston fixed the date of hearing
September 5, at Upton, when he holds q reg
ular session of court.