Proceedings of the Grand Lodge of Illinois - University Library

Nov TU da
18 i913 I
GRAND LODGE OF ILLINOIS, I. O. O. F. 289
May and June. The accused represented to the owner that a new
Lodge was about to be organized and that it would meet on Friday
night and America Lodge would continue to meet on Monday. Brother
Flagg told Mr. Maurer, the agent of the building, that this arrangement
was satisfactory to America Lodge. The fact was that America
Lodge knew nothing about the change until May 22d, when the
accused appeared at the Lodge and announced that he had rented the
Lodge room in his own name. He showed a letter from the agent con-
trolling the building, confirming his statement.
The testimony of Brother Flagg on this point is as follows: (See
page 70-1 Record.) "After I read the letter I asked them to deliver
the keys over to me in 'friendship, love and truth.' I told them that
their meeting night was not going to be interfered with in any way,
shape or form, that they could use the room Monday night just the
same as heretofore, and they could use the regalia room until the new
Lodge got their paraphernalia and then we would want it, and they
could have the use of the hall for the use by the other lodges using
their furniture, and I would furnish light, heat and fuel. Brother Cox
said he would fight the key question to the finish. I made a remark to
him that if they wanted to force me into a law suit they could have
one. Brother Cooper gets up and says shoot your gun. I might have
said in my talk that I knew where I stood "all the time, what I meant
by that was that I knew of the understanding that I had with Mr.
Maurer where I stood. That was on the 22d of May. I didn't answer
Mr. Cooper on the 15th because I had no writing to show my understanding
with Mr. Maurer." Immediately thereafter the Trustees and
other members of America Lodge went to see the agent of the build-
ing and earnestly protested against the invasion of the Lodge's rights
by being ousted without its knowledge or consent. Finding that he
had been deceived by Brother Flagg and that the change from the
Lodge to the accused was very unsatisfactory, Mr. Maurer at once
gave written notice to K. A. Flagg terminating the lease on July 31,
1911, the date to which rent had been paid. Thereupon, America Lodge
No. 920 continued to occupy the building as heretofore. Not long afterward
this building was consumed by fire and the Lodge was again
homeless.
On May 8, 1911, the accused asked for and received a withdrawal
card. It was granted on the same night the request was made. The
two conditions prescribed in Section 1848 of the Code for granting the
card on the night application is made were not met. However, for the
purposes of this case under Section 1495 the contention of the parties
is not material. The card was issued and the Lodge had unquestioned
disciplinary jurisdiction over the accused at that time. The Lodge
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