The record-union., 1896-02-22
AN INTERESTING DECISION.
Of Special Importance to Members Of the
Masonic Order.
Judge Catlin Holds That the Grand
Chapter is the Judge Of What
is True Masonry.

-. L
and others. 1t is one that is especially
interesting to members of the Masonic
order, as it relates 10 what is generally
termed among them as the "Cerneau
Rite" Of Scottish or adaptive Masonry.
end which is claimed by the two recog-
nized jurisdictions OF the Scottish Rite
in the United States to be illegitimate
Lawson sued to restrain the defend
ants, Adolphus Hewell, Thomas Flint,
ST., and Others who represent the
Grand Chapter of Royal Arch Masons
OF California, the members of Stockton
Chapter, No. 2S, r. A. NJ, and John w
Boyd. High Priest, and A J. Vermilya,
Scribe, of Sacramento Chapter, No 5,
from causing his suspension or expuI-
sion as Royal Arch Mason on account
c. his connection with the Cerneau Rite
Of Scottish Rite Masonry.
The demurrer to the complaint was
argued for several days before Judge
Catlin by ex-Judge Myrick of San Fran
cisco and McKune & George of this city
Tor the plaintiff, and by s. S Holl and
c. A. Elliott for the defense.
Judge Catlin sustains the demurrer,
and gives his reasons at length for so
dong. Following is
THE DECISION.
The defendants in this case are
Adolphus Hewell and four others, rep
resenting the Grand Chapter of Royal
Arch Masons of the State of Cali
fornia~ +" The Most Excellent Grand
Chapter of Royal Arch Masons of the
State of California, of which body the
said Adolphus Hewell is the Grand High
Priest, Thomas H. Caswen is the Grand
Secretary, and these two, with three
others named, are the principal execu-
tive officers. Stockton Chapter, No. 2S,
of Royal Arch Masons. with its officers
and members to the number of about
ninety, and John w Boyd and A ].
Vermilya, described as members of Sac
ramento Chapter, No. 3.
The plaintiff is, and. for more than
thirty-five years last past, has been a
member in good standing Of Sacra-
mento Chapter, No >.
The complaint AYERS that there are
seventy-six local chapters in California,
all subordinate chapters of the Grand
Chapter of the State, and the whole
body is described as a fraternal, beney-
olent, charitable, beneficial and social
organization. Membership is averred
TO be "a valuable thing for the reason,
among others, that it enables its mem
bers, including the plaintiff, to extend
their friendships and acquaintance
among other chapters of Royal Arch
Masons in this State and in other States
in the Union, and gives them the in
creased privileges courteSies and fra
ternal relations extended by one mem
ber of Royal Arch Masonry to another
throughout the world. It is averred
also that during his membership of Sac
ramento Chapter, No. 3. plaintiff has
paid to said chapter initiation and other
fees amounting to upward of $50,
thereby contributing to building up
and accommodating a large amount Of
property, which is now owned by the
plaintiff, in common with the other
members of said Sacramento Chapter
No. 3, and being of about the value Of
81 600, and each member has the
right to participate in the use and dis
position of said property, and to be as
sisted therefrom in case of need and dis
tress."
An averment of the same character
is made to the effect that plaintiff
for more than thirty years last past has
been and now is a member in good
standing of the Sacramento Council,
No. 1. Royal and Select Masters, COM
posed of Royal Arch Masons, and dur
ing such membership has paid said
council initiation and other fees
amounting to not less than $40. thereby
contributing to the accumulation of a
common property Of the value of about
$3.50. in which he and his fellow-me
bers have a right to participate.
Another averment of like character
is made to the effect that plaintiff for
more than twenty-nine years last past
has been and now is a member in good
standing of Sacramento Commandery,
No 2, Of Knights Templar," composed
of Royal Arch Masons, and during such
membership has paid to said command
cry initiation and other fees about $3.50,
thereby contributing to the accumula-
ton of a common property of the value
of about $1,000, in which he and his
fellow members have a right to par
ticipate.
The complaint AYERS that the afore-
said Grand Chapter of Royal Arch
Masons of California" is an unincor-
porated association, and is the govern
ing body of the subordinate chapters of
Royal Arch Masons in California and of
the members thereof; but the said
Grand Chapter 70 Royal Arch Masons
has no inherent powers whatever, and
its authority is limited TO the exer-
else of such express powers Is are del
egated to it by its charter from the
Most Excellent Grand Chapter of Royal
Arch MaSonS of the United States or
America and its constitution adopted
in conformity Herewith, and by its
bylaws, rules regulations and decis-
ions based upon said constitution. and
is further limited by the ancient usages
and landmarks of the Order of Royal
Arch Masonry, and all other powers
are reserved to Royal Arch Masons in
vidually and to the subordinate chap
ters respectively.
That Royal Arch Masonry, as or
ganized, practiced and maintained by
the subordinate chapters of Royal Arch
Masons under the jurisdiction of the
said Grand Chapter Of ROYAL Arch Ma
sons OF California consists of four de-
gfees manning them, anG IN a general
manner describing the duties and priv
1teges OF the members). That no other
degrees in Royal Arch Masonry than
those above enumerated are expressed
III or by the subordinate chapters I'M
der the jurisdiction Of the said Grand
Chapter Of Royal Arch Masons Of Cal
l1ornla, and the said Grand Chapter of
Royal Arch Masons is wholly power
less TO pass upon or deciae upon the il
lesallty OF any degrees or Kfnds of Ma
nA q Pure an