"The V.E. Prov. Priors and Officers of Provincial Priories" induced the veteran Sir Knight Powell to speak on the eventful past of the Baldwyn Preceptory, quoting from the American author, Bro. Cross, in proof of his interesting sketch of Knight Templary, particularly in Bristol.

Sir Knight Hughan proposed "The E. C., Officers and Members of Mary Commandery, Philadelphia, U.S.A." and coupled with that toast (by Sir Knight Col. MacLiver's desire, as also his own) the name of Sir Knight C. E. Meyer, alluding in terms of the warmest praise to the devotion, zeal, and ability displayed by that distinguished American Frater in relation to the interests of his Commandery and to the Craft generally. Mary was now virtually number one in the United States, and its fame was world-wide, as it deserved to be.

Sir Knight Meyer followed with a most interesting account of the Masonic Rites as practiced in the United States, and more especially in Pennsylvynia, and most gratefully and felicitously expressed, on behalf of the Pilgrims, their appreciation of the efforts of their English Brethren and Fraters to entertain them, where'er they journeyed, whether at Edinburgh, York or elsewhere. He remember most thankfully the noble banquet tendered them in 1878 by Bro. Geo. Kenning, and now the splendid reception given them by the Eminent Prior of the Baldwyn Preceptory (who, with his friends had left their Bristol homes and traveled so many miles to do them honor) would be held in remembrance as one of the most valued compliments out of the many conferred upon them as a Commandery. Sir Knight Meyer then asked the E. Preceptor to accept a jewel worn by Commanders in the United States, as a visible token of their appreciation, and on placing the handsome decoration on that brother's breast, the manifestations of enthusiastic applause by the Fraters will not soon be forgotten by those privileged to take part in the proceedings.

Sir Knight Col. MacLiver replied in very kind terms, expressing his surprise, and at the same time his hearty appreciation of the gift. His allusions to the noble position attained by the Mary Commandery were applauded, and the intimation that ere long he might again visit their shores to receive another fraternal reception was gladly heard by the American brethren. Throughout the speeches, and not forgetting the elegant repast," everything went off "as smooth as a glove," and Sir Knight MacLiver must feel satisfied that his numerous guests were most thoroughly pleased.-London Freemason.

66

Calvin C. Burt, Relator, vs. Michigan Grand Lodge of Free and Accepted Masons.

Mandamus to Compel Restoration to Membership - Corporations

Voluntary Societies — Denied. — (Decided May 5, 1887.)

CAMPBELL, Ch. J., delivered the opinion of the Court:

Relator seeks a mandamus to compel the recission of an order of respondents expelling him from the Body. This was adopted in 1880. Soon thereafter he applied to this Court upon the supposition that this was done in the course of an appeal of Michigan Lodge, No. 50, of Jackson, and as an affirmance of the action of that Lodge, which he claimed to have been in violation of his rights. Assuming that this Lodge was a corporation of which he was a member for purposes of a mixed character, the application for a mandamus was denied on the petition itself, as indicating that he had chosen his remedy by appeal to the Grand Lodge as a domestic tribunal, and must abide by it.

By the present application, which has been very long delayed, it appears that the Grand Lodge, instead of acting on his appeal, expelled him as having by his showing in that case declared himself not a member of that Body or any of its Subordinate Lodges.

This being original action of a corporation in which the petition before us indicated that relator might have rights which had been disregarded, we allowed an order to show cause. Cause is shown, and the return is not disputed. We are, therefore, to determine whether we have authority to relieve him. He applies on the ground that being a member of a Masonic Body from another State, he became on his residence in Jackson subject to the jurisdiction of the Jackson Lodge before mentioned, and was charged in that Body with what was claimed to be offences against his duty as a citizen and a Mason, and condemned without any regard to his rights to a fair hearing. On appeal to the Grand Lodge, the proper committee of that Body reported unanimously that the action of the inferior Body was wrong and unjust, and they exonerated relator from the condemnation as entirely unwarranted. But the Grand Lodge, finding that relator in his objections to the action of the inferior Lodge had asserted his independence of their jurisdiction by reason of his holding a high office in a different Order of Masons, with which the Lodge had no intercourse or relations, expelled him on that ac

count, what was nominally an expulsion being practically no more than a refusal to recognize him as a Mason of their Order.

The only ground on which this Court can interfere with organized bodies by a mandamus in aid of a member is, that as corporations, they are subject to our judicial oversight to prevent their depriving members of corporate privileges illegally. Where such bodies are not corporations, or where the question presented does not involve tangible and valuable corporate privileges, we cannot interfere in this way. A person who is wronged, if he has a legal cause of action, may pursue it in the appropriate action for damages against the persons who wrong him, but mandamus cannot lie.

With the Masonic Body, as such, we have no more to do than with any other voluntary society. They may do what they please in regard to their social relations. As a body they have no corporate existence, and no corporate liability in this State. We only know such bodies as have taken corporate powers and duties in this State, and those corporate bodies we can only consider in their corporate relations. Such purely social relations as their members possess are held not by virtue of their corporate condition but on other grounds.

No private corporation can have any power as such except over those who have become its members. We cannot give, and have not attempted to give, jurisdiction to any private corporation over any one else. If the body known as the Lodge in Jackson, that undertook to deal with relator, had any concern with him as a stranger belonging to the Masonic Order, it is not a power derived from the laws of this State. If, therefore, he is liable or otherwise injured, or if they undertake to discipline him, we cannot give him his remedy, because we cannot make him a member if he is not one already. He may have some other action, if not barred, but he cannot have this.

The Grand Lodge was incorporated by special charter in 1849, and was made to consist of certain gentlemen named and their associates and successors. No terms of membership were defined in the charter. This left the corporators who were named to determine as they saw fit in what way membership should be created and succession continued. They provided that no one should be a member of the corporation except certain high officials present or Past Masters of Subordinate Lodges, and provided for organizing these Lodges, which were to furnish the members of the Grand Lodge.

Each Lodge was to have full control over the admission of its members, and certain recognition was had of eligibility to membership of Masons in good standing from other States and places; but they were not made members unless chosen in the prescribed way. No one was eligible unless belonging to the York Rite of Masonry, and all others were to be excluded.

Relator was never made a member of the Jackson Lodge, and, therefore, never had any direct or indirect corporate relation with the Grand Lodge. No other than corporate relations come within our jurisdiction. But the return, which is not put in issue, indicated that he has become an officer of rank in a Masonic Body with which the Grand Lodge and its branches are not in harmony or Masonic relations. This would apparently make him ineligible to corporate membership. It is enough, however, for the present inquire, that he is not and never was a member of the Grand Lodge, or of the Lodge that originally undertook to expel him. For these reasons the mandamus must be denied; but, as the respondent, withont jurisdiction to discipline him, instead of so declaring, took steps that were apparently disciplinary, we do not think it proper to give costs against him.

SHERWOOD and MORSE, JJ., concured; CHAMPLIN, J., did not sit.

BRO. GENERAL GARIBALDI.

[From a volume of Masonic Sonnets by BRO. MARKHAM TWEDDELL, now in the press.]
A Hero of the highest type was he!
No Mason ever loved his country more;
And Doomsday will appear to men before
Again they see his equal. Liberty
Ne'er had a purer, bolder, wiser son:

No greed of gold, or power, or rank, had he,
But urgent wish to serve Humanity,-
And love from every patriot he has won.
Hated alone by those who wish'd to enslave
The minds and bodies of their fellow-men,
Our Brother's name will to the future pen

Of poet or historian, be a brave

And spotless one; and they will him proclaim

As worthy o'er all the world of everlasting fame!

Rose Cottage, Stokesley, Yorkshire, England.

NICHOLAS WEEKES.

The Freemason, Sidney, New South Wales, of June 11, 1887, says:-"It is our melancholy task to chronicle in this issue the decease of Right Worshipful Brother Nicholas Weekes, who has held the position of Grand Secretary of the Grand Lodge of New South Wales from its inception until the day of his death. Brother Weekes was perhaps better known in Freemasonry than any other brother of our Grand Lodge, his admirable defences of the position assumed by us in 1877, was not only in the columns of this paper, and in the official edicts promulgated by the Grand Master, but also in his correspondence with the sister Grand Lodges of the world, having brought him most prominently forward. At the time of his death Bro. Weekes was but 54 years of age, and for more than twenty years his life has been devoted to the interests of Freemasonry. He was initiated into the Craft in St. Andrew's Lodge, No. 358, S.C., about the year 1860, and his zeal in promulgating the principles of our Fraternity soon brought him to the front. About 1864 he joined the Kilwinning Lodge, No. 378 S.C., and served it as Master for two years It was during his occupancy of the chair of this Lodge that he was appointed Provincial Grand Secretary of the S.C., Dr. Belisario being then Provincial Grand Master. That office he held until the formation of the Grand Lodge of New South Wales in 1877, when he threw himself heart and soul into the movement for Masonic independence. In the meantime he had become connected with Tarbolton Lodge, No. 377, S.C., and had acted as its W. M., for at least two years, and about 1870 had visited England and Scotland, while still occupying the position of Provincial Grand Secretary. The work he performed then has had most lasting effects upon the vitality of the Scottish Constitution in New South Wales; in fact it may be said that Bro. Weekes laid the foundation of the Provincial Grand Lodge. This, however, did not save him from the so-called suspension without trial pronounced by Dr. Sedgwick, on 13th June, 1878, when, with eight other prominent officers of the Scotch Constitution, he was declared to be debarred from all the rights and privileges of the Craft.Strangely enough this "suspension "only caused a laugh, and Bro. Weekes, though guilty of the henious crime of furthering the interests of the Grand Lodge of New South Wales, did not suffer Vol. 68.-No. 1.-4.