Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-07-14
THE SUPREME CHANCELIOlS's
PROCLAMATION.

Supreme Chancellor 5. w. Green,
has sufficiently recovered from the
effect of the decision by the Supreme
Court of the District OF Columbia to
issue a proclamation, In which no ex.
plains in a becoming manner, the
, embarrassing position in which nc
has found himself and his legal ad-
visors. In some respects the proclama-
ton is humorous and In some others,
1t Is inaccurate. Certain it Is that
he did not carefully read and study
the opinion of Mr.. Justice Mccoy be-
fore he issued this surprising official
document. He says:
The opinion of the Court, as inter
preted by our Attorneys was that the
Court held that the assessment levied
by the Supreme Lodge at Kansas City,
Mo-, in 1909. was against the individ
ual members and not against the
Grand Lodge Of Virginia; and the
Grand Lodge of Virginia could not
therefore be lawfully suspended or eX-
PEELED for its failure to pay the tax.
He might have added that under
the Supreme Lodge Constitution, the
Supreme Lodge could not lawfully and
constitutionally levy tax against
the individual members. 1t could law
fully and constitutionally levy a SUI
preme Representative tax against the
Grand Lodges. He unlawfully sus-
pended the Grand Lodge Of Virginia
for no: paying this tax levied upon
Individual :nembers ana thereby ,io.
lated his sworn obligation, either in
tentionally or unintentionally. The
Constitution Of the Supreme Lodge
specifically prohibits him and all
others from enforcing unconstitution
al haw3 emu <sn,lC.tialnya.at.s. rs sa,ys
further in this proclamation:
That the assessment levied by the
Supreme Lodge at Indianapolis, Ind,
in 1911, against the Grand Lodges, was
not mentioned by tho Court and the
Pythian Temple-Sanitarium tax was
not passed upon by the court.
The Court had no need to mention
the Supreme Lodge tax levied at India
napolis and the Pythian Temple
Sanitarium Tax. They were all per-
capita taxes levied upon individual
members and the principle was one
and the same. If the Kansas City Tax
was unconstitutional then the other
taxes were unconstitutional. One tax
was a continuation Of tho other tax.
He continues in this proclamation as
follows:
That the prayer Of the Grand Lodge
OF Virginia to- have the Constitution
adopted at Baltimore, Md, in 1913,
declared invalid, was denied, that the
prayer to have the Supreme Lodge
refund the money collected from the
Grand Lodges under the assessments
levied, was denied, as the money seem
ed to have -een properly expended;
that the prayer to punish the officers
Of the Supreme Lodge for contempt
for the proceedings to revoke the
Charter of the Grand Lodge Of Virgin
ia, at Columbus, Ohio, in 1915, was
denied; that the prayer to appoint a
receiver TO take over the affairs or
the Supreme Lodge was also. denied.
His Honor, Mr.. Justice Mccoy stat
ed to counsel that he had his doubts
as to the legality OF the manner in
which the Baltimore Constitution
was adopted. He had decided not to
interfere with it however in a spirit
OF compromise and with the hope
that the litigation would cease. There
was no application made by the
Grand Lodge knights of Pythias of
Virginia for refund Of any money
paid by other Grand Lodges or by it
SELF. For information on this point
read the bill as filed by counsel for
the Grand Lodge, X. Of p. Of Virginia
There was no evidence submitted to
show that the money as paid had been
improperly expended. simply, the state
ment Of the Supreme Lodges own
Supreme Keeper of Records and Seal
and he was not summoned to testi-
fy in this case.
The language Of the Court relative
to the contempt proceedings was as
follows:
1t Is cortended that there was
violation OF the injunction decree
granted herein. IF there was such a
violation 1t appears not to have been
deliberate for it was believed that
whatever the defendants did was
not DOM on the basis of an expulsion
which Mr.. Justice Gould held to be
without authority, but on the basis