the investigation de novo, and, taking the matter out of the lodge, to whom by its general usage it had been primarily referred, it places it in the hands of another committee of its own body for a new report. The course of action is, it is true, similar to that in law, of an appeal from an inferior to a superior tribunal. But the principle is different. The Grand Lodge simply confirms or rejects the report that has been made to it, and it may do that without any appeal having been entered. It may, in fact, dispense with the necessity of an investigation by and report from a subordinate lodge altogether, and undertake the trial itself from the very inception. But this, though a constitutional, is an unusual course. The subordinate lodge is the instrument which the Grand Lodge employs in considering the investigation. It may or it may not make use of the instrument, as it pleases.
Section IV.
Of the Executive Power of a Grand Lodge.
The English Constitutions conclude, in the passage that has formed the basis of our previous remarks, by asserting that "in the Grand Lodge, alone, resides the power of erasing lodges and expelling Brethren from the craft, a power which it ought not to delegate to any subordinate authority."
The power of the Grand Lodge to erase lodges is accompanied with a coincident power of constituting new lodges. This power it originally shared with the Grand Master, and still does in England; but in this country the power of the Grand Lodge is paramount to that of the Grand Master.
The latter can only constitute lodges temporarily, by dispensation, and his act must be confirmed, or may be annulled by the Grand Lodge. It is not until a lodge has received its Warrant of Constitution from the Grand Lodge, that it can assume the rank and exercise the prerogatives of a regular and legal lodge.
The expelling power is one that is very properly intrusted to the Grand Lodge, which is the only tribunal that should impose a penalty affecting the relations of the punished party with the whole fraternity.
Some of the lodges in this country have claimed the right to expel independently of the action of the Grand Lodge. But the claim is founded on an erroneous assumption of powers that have never existed, and which are not recognized by the ancient constitutions, nor the general usages of the fraternity.
A subordinate lodge tries its delinquent member, under the provisions which have already been stated, and, according to the general usage of lodges in the United States, declares him expelled. But the sentence is of no force nor effect until it has been confirmed by the Grand Lodge, which may, or may not, give the required confirmation, and which, indeed, often refuses to do so, but actually reverses the sentence.
It is apparent, from the views already expressed on the judicial powers of the Grand Lodge, that the sentence of expulsion uttered by the subordinate is to be taken in the sense of a recommendatory report, and that it is the confirmation and adoption of that report by the Grand Lodge that alone gives it vitality and effect.
The expelling power presumes, of course, coincidently, the reinstating power. As the Grand Lodge alone can expel, it also alone can reinstate.