The herald., 1897-10-16
All Organizations May Pre-
scribe Conditions
FOR THEIR OWN MEMBERS
A cHINAMAN SEEKS TO RECOVER
$4,000 DAMAGES
The Brooks Barlow Suit Submitted.
Carl Rees Proves an Alib1.
4 Damaged Reputation

A case that Is Of some interest TO the
several Masonic bodies, and, indeed. to
members of all benevolent and fra
ternal orders, was decided yesterday by
the supreme court in an opinion handed
down in the case of Lawson, appellant,
VS.. Hewell and others, respondents.
The plaintiff has been for very many
years a member in good standing of
Sacramento Chapter No. of Royal Arch
Masons, and one of the subordi-
rate chapters of the Grand Chapter Of
Royal Arch Masons of this state. The
latter is the governing body Of the sub
ordinate chapters and of the members
of these, and is composed chiefly of rep
resentatives from the several subordd-
nate chapters, an0 has such powers as
are granted to it by its constitution and
bylaws, rules, regulations and deci-
sions, based upon. said constitution.
There are two bodies existing in this
state, known as the Ancient and Ac-
cepted Scottish Rite, one of which was
organized under the authority Of the
cepted Scottish Rite of the United
States Of America, their territories and
dependencies, commorLy known as the
United States jurisdiction. and the other
is organized under the authority of what
is known as the southern jurisdiction
of the Ancient and Accepted Scottish
Rite.
LEGITIMATE ORDERS DEFINED
In 1887 the Grand Chapter of Royal
Arch Masous adopted a resolution
designating certain bodies whose de-
grees of Masonry and orders of knight
hood it acknowledged, to be legitimate
and genuine, and declared that any
Royal Arch Mason who should there
after take or receive any so-called Ma
sonic degree or order of knighthood
from any man, or body of men, not thus
Acknowledged to be legitimate and gen.
uine, or should be present at or assist In
comforting, or should solicit any one to
take, receive or apply for any Masonic
degree or order of knighthood except
from one of the bodies ackn owledged to
be legitimate and genuine, should be
liable to be expelled from all the privi-
leges Of Royal Arch Mason. In the
Masonic bodies thus designated as le-
gitimate and genuine, the Ancient and
Accepted Scottish Rite, organized under
the authority of what is known as the
southern jurisdiction. was included, and
that organized under the authority of
what is known as the United States ju-
risdiction was included.
In May, 1895, the defendant, Vernil-
yea, a member Of Sacramento Chapter
No. 3, under Section 1 of Article xiv.
of the Constitution of the Grand Chap
ter Of Royal Arch Masons, presented
charge in writing to the defendant,
Boyd, who was the high priest of said
chapter, against the plaintiff, charging
him with conduct unbecoming a Royal
Arch Mason, in that he did, in FEBRUARY,
1895, openly solicit another member of
said chapter to apply for, take and re-
ceive the so-called degrees in the An
cient and Accepted Scottish Rite,
claiming it's authority under the United
States jurisdiction, ard also that he was
and had for long time been an active
member of body of Masons claiming
to be acting under charter from the
United States jurisdiction of the An
cient and Accepted Scottish Rite.
Upon the presentation of these
charges Boyd forwarded the same to the
defendant Hewell, who was the grand
high priest of the grand chapter, and
that officer directed that the trial of the
plaintiff upon these charges be trans
ferred to Stockton chapter, No. 2S. The
plaintiff was summoned by the last
named chapter to appear and answer
said charges and to be tried thereon at
it's hall in Stockton on Aug. S, 1895. (The
members of Stockton chapter were also
made defendants in the suit.)
The present action was brought to re-
strain the defendants from proceeding
with the trial. A demurrer to the com
plant was sustained, and the plaintiff
appealed from the judgment entered.
CONDITIONS OF MEMBERSHIP
In the course Of an opinion upon the
case the supreme court holds that in
dividuals who associate themselves in
a voluntary fraternal organizat ton may
prescribe conditions upon which men,
bership in the associate may be ac-
Quired or upon which it may continue
and may also prescribe rules of con-
duct for themselves during their mem
bership, with penalties for their viola
ton, and the tribunal and mode in
which the offenses shall be determined
and the penalty enforced. These rules
constitute their agreement and unless
they contravene some law of the land
are regarded in the same light as ths
terms of any other contract. Organiza-
tions of this character are not recog-
nized as legal bodies or as entitled to
recognition in courts for the enforce
ment of their rules, unless there is also
involved the determination of some civil
right or some right of property, and in
these cases courts are limited to in
quiring whether the rules prescribed by
the organization for the determination
of the right have been followed. In
all matters of policy or of the internal
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