The advocate and Topeka tribune., 1892-09-07
A LITTLE HISTORY CONCERNING
THE HON. ~ RALPH BURTON.

THE HON. (9) RALPH BURTON.
In the proceedings of the grand
lodge of the Independent Order OF
Odd Fellows, which convened in the
the city of Topeka October II, 1886,
we find the following record of ap-
peal.
All Dow, from the committee on appeals
submitted the following report, which was
adopted:
wv. Graves and others vs.. VIM. Penn Lodge
No. 7S.
To the Grand Lodge of KdRsGs /. o. o. f.:
Your commltte on grievances and appeals, to
whom was referred the appeal OF 8. M. Graves
ct al, against the action OF VIM, Penn Lodge No.
8, have had the same under consideration, and
would report the following statement OF facts
and their conclusions thereon:
On the 22d OF May, 1886. charges were pre-
ferTed against Bro. Burton for conduct unDecOm-
Specification: That on or about the Sd Of
May 1885, Bro. Burton did unl9Wfnly conceal,
or cause to be concealed, money that belonged
to others (namely, Fargo Express Co.. to about
the sum Of $3.50, and reported IL stolen.
These charges were duly referred TO COM
mlttee to register the evidence. The committee
met June 8, when the accused plead guilty to
shortage OF $50 or 800, from the Southern kansas
Railroad company.
June II the scrutiny was had, and the DfOCner
was expelled from the order.
From this action OF the lodge this appeal ls
taken.
Applicants make the following points IN the
First-That the lodge erred in voting on the
question OF expulsion Instead OF whether the &C
cused was guilty or not.
SecOnd-That the Noble Grand erred 10 an:
nOuncing the vote for expulsion. Number or
votes cast were twenty-five seventeen FOR and
eight against. The Noble Grand did not vote, and
should have been counted In the negative. The
vote should have been announced seventeen Tor
expulsion and nine against.
ThIFd-That at the scrutiny, before the voting
took place, the secretary read q report OF the
financial standing OF all members present, q copy
OF which Is hereto annexed. That by said report
there were seven members present Qisqu@Gned
from voting, being moro than thirteen weeks In
arrears. That the appealing brothers are they
that voted against expulsion, and are not Ghir-
teen weeks IN arrears for dues.
FOurth-That the charges against Bro. Burton
specified that he had secreted about $3.50 belong
ing to the WellG-Fargo Express company, when
the accused testified that he was short In his
accounts with the Southern Kansas railroad In
the sum OF $50 or 800.
FiTSt-It was not error for the lodge to
vote on the penalty, the accused having Vir-
tuallY admitted his unlawful act.
SecOnd-The vote being seventeen for eXpul-
sion and eight against, It was not error In the
Noble Grand announcing the penalty to be eX-
pulslon.
ThIrd-From a careful examination Of the
secretary'S report filed as part OF the papers In
the case, we find the following facts:
There were tWenty-eight members present.
The sitting Past Grand and the counsel for the
accused are prohibited from voting. The Noble
Grand did not vote, and, being SIX months in
arrears was not entitled TO vote. tOf the twenty
Fears for dues, leaving but twelve members who
were legally entitled TO vote. OF the seventeen
members who voted for expulsion, nine were In
arrears this leaving but eight legal votes for eX
pulSlOn. OF the eight members who voted
against expulsion, four were In arrears for dues,
thus leaving but four legal votes against eXpul-
sion. Now, as eight Is twOthlrds Of twelve, 1t
who were In arrears, the brother was expelled
by constitutional majority.
FOurth--We are unable to see how this play
upon words materially alters the facts In the
caso
Whether secrCting, embezzItnO, defdulting or
shortage are the terms used, and whether e460
or 500 be the amount char ed; and whether IL |
be the Fargo Express company, or Southern |
Kansas Railroad company that lost by the &C |
cuged, the fact remains that the brother unlaw- |
fully appropriated to his own use money belong |
Ing to other parties,
We are Of the opinion that our order cannot |
afford to cOuntenance malfeasance Of this
character.
We would therefore Recommend that the
appeal be dismissed.
Respectfully submitted,
A. II. Dow,