Proceedings of the Grand Lodge of Illinois - University Library

L^^TH**?!)? [ GRAND LODGE OF ILLINOIS. 223
Nov. 16, 1897. (
Hence it appears from the law tbat the amendment above cited
referring to saloon-keepers and bar-tenders does not affect the rights
of a brother engaged in the business at the time such amendment
took effect; in other words, the amendment does not affect vested
rights.
In the case at bar there is nothing in the charges or the specifications
showing how long Bro. Walley had been employed as a bartender,
or whether he was so engaged at the time said amendment
went into effect, or had gone out of the business and had re-engaged
in it. The charge is "with being a bar-tender," etc. If he had not
been engaged in such business before the time charged, then the
charge should allege that he engaged in such business; or if he had
been so engaged and quit the business and again engaged therein, it
should be so stated in the charges and specifications. It is not sufficient
to charge him with being "a bar-tender": sufficient must be
stated to show that the law is applicable to him. The charges and
specifications fail to show an offense under the law. We may further
say that there is no evidence that Bro. Walley was, at the time mentioned
in the specifications, employed as a bar-keeper. The strongest
view that can be taken of the evidence is that he sometimes waited
on customers in a saloon; but there is no evidence to the effect that
he was employed for that business, and we have no right to indulge
in presumptions.
But there is another and more serious reason why the judgment
cannot stand. The Lodge Record, September 17th, 1897, is as follows:
"The testimony in the case of Bro. A. Walley was read and Bro.
John Lascells spoke on behalf of the prosecution, and Bro. Robert
Wright for the defense. The ballot was spread and found to contain
twenty-two white balls and eleven black balls. The Noble Grand declared
the charges not sustained against Bro. A. Walley."
Sections 7 and 8 of Article VII, Subordinate Lodge Constitution,
provide how the vote shall be taken by a Lodge, and the Constitution
must be followed.
First—"The charge should be read, then the specifications under
said charge should be read and balloted on in their order."
"A Lodge must ballot on each specification separately, and then on the
charges."
"The records of the Lodge must show the number of balls cast for
and against the accused upon each charge and specification. It should
show the number of voting members present and entitled to vote."
Sections 1933 and 1934, Illinois Code 1896.
"All votes taken under the provisions of this Article (111. Sub.
Const. Art. VII) shall be by ballot with balls."—Sections 1938 and 1939,
Illinois Code 1896.
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