Proceedings of the Grand Lodge of Illinois - University Library

N^v^fslts^HS 1- GRAND
LODGE OF ILLINOIS. 125
the request of Bloomington Lodge No. 400 the Grand Master countermanded
the order cf charge of venue to No. 400 and directed that the
case be sent to Odd Fellows Lodge No. 783 at Normal. 111.
On June 29 the Grand Master telegraphed the Secretary of No. 77
to hold papers, etc., and at the regular meeting of the lodge July 5
a communication from the Grand Master under date of June 28 was
read to the lodge countermanding orders cf change of venue and order-
ing Remembrance Ledge to proceed with the trial of the case at the
regular meeting of the lodge July 12.
The Noble Grand reported to the lodge that he had met the com-
mittee and accused and heard and passed on the objections to the evi-
dence. Motion was made to prcceed with the trial of the case. The ac-
cused objected on the ground that the case had not been set down for
trial and that he had received no notice that the case would be called
for trial that night, hence was not ready and prepared to proceed with
the trial at that time.
The motion to proceed with the trial prevailed. The accused announced
that "he would retire from the case" and withdrew from the
Iddge room.
The lodge then proceeded to hear the evidence and dispose of the
case by expelling the accused.
OPINION.
We have carefully considered the record in this case and we are
of the opinion that the appeal should be sustained. "A member may
not be tried if on actual notice he refuses to stand trial or does not
appear and remain in the lodge. In that case he may be dealt with for
contempt but not on the merits of the case charged." Ssc. 1892, Code
1896; Sec. 1894, Code 1896; Journal 1894, Case 45, Page 885. In this
case we are of the opinion that a definite time should have been fixed
for the hearing of the case and all parties notified of the time and place
for trial. Especially should notice have been given the accused In this
particular case, for the reason that a change of venue had been ordered
from the Home Lodge and revoked by the Grand Master.
The appeal is therefore sustained and the action of the lodge in
expelling the accused is set aside. The case is remanded back to the
lodge with directions to fix a time and place for trial not less than two
weeks from the date of fixing the time for trial, the accused to be duly
notified of the time and place of the trial. The lodge will then proceed
to hear the evidence and dispose of the case as the law directs.