e may, upon investigation, confirm the verdict of its
subordinate. In this case, the appeal is dismissed, and the sentence goes
into immediate operation without any further proceedings on the part of
the lodge.
The Grand Lodge may, however, only approve in part, and may reduce the
penalty inflicted, as for instance, from expulsion to suspension. In this
case, the original sentence of the lodge becomes void, and the milder
sentence of the Grand Lodge is to be put in force. The same process would
take place, were the Grand Lodge to increase instead of diminishing the
amount of punishment, as from suspension to expulsion. For it is competent
for the Grand Lodge, on an appeal, to augment, reduce or wholly abrogate
the penalty inflicted by its subordinate.
But the Grand Lodge may take no direct action on the penalty inflicted,
but may simply refer the case back to the subordinate for a new trial. In
this case, the proceedings on the trial will be commenced _de novo_, if
the reference has been made on the ground of any informality or illegality
in the previous trial. But if the case is referred back, not for a new
trial, but for further consideration, on the ground that the punishment
was inadequate--either too severe, or not sufficiently so--in this case,
it is not necessary to repeat the trial. The discussion on the nature of
the penalty to be inflicted should, however, be reviewed, and any new
evidence calculated to throw light on the nature of the punishment which
is most appropriate, may be received.
Lastly, the Grand Lodge may entirely reverse the decision of its
subordinate, and decree a restoration of the appellant to all his rights
and privileges, on the ground of his innocence of the charges which had
been preferred against him. But, as this action is often highly important
in its results, and places the appellant and the lodge in an entirely
different relative position, I have deemed its consideration worthy of a
distinct chapter.
During the pendency of an appeal, the sentence of the subordinate lodge is
held in abeyance, and cannot; be enforced. The appellant in this case
remains in the position of a Mason "under charges."
Chapter VI.
Of Restoration.
The penalties of suspension and expulsion are terminated by restoration,
which may take place either by the action of the lodge which inflicted
them, or by that of the Grand Lodge.
Restoration from definite suspension is terminated without a
|