II. Appeals from the Decisions of the Lodge. Ap-

peals may be made to the Grand Lodge from the decisions of a Lodge, on any subject except the ad- mission of members, or the election of candidates ;* but these appeals are more frequently made in refer- ence to conviction and punishment after trial.
When a Mason, in consequence of charges prefer- red against him, has been tried, convicted, and sen- tenced by his Lodge, he has an inalienable right to appeal to the Grand Lodge from such conviction and sentence.
His appeal may be either general or specific. That is, he may appeal on the ground, generally, that the whole of the proceedings have been irregu- lar or illegal, or he may appeal specifically against some particular portion of the trial ; or lastly, ad- mitting the correctness of the verdict, and acknowl- edging the truth of the charges, he may appeal from the sentence, as being too severe or disproportion- ate to the offence.
In order that the Grand Lodge may be enabled to come to a just conclusion on the merits of the
* By the Regulations of 1721, the choke of members, whether by affilia- tion or initiation, is made an inherent privilege in the Lodges, with which the Grand Lodge cannot interfere.
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question, it is necessary that the Lodge should fur- nish an attested copy of the charge or charges, and of the proceedings on the trial, and this it is bound to do.
There is no specific rule to govern the Grand Lodge in the forms which it may adopt for con- ducting the review of the case. But the most usual method is to refer the appeal, with the testimony and other papers, to a committee, upon whose re- port, after a full investigation, the Grand Lodge will act, and .either confirm or reverse the decision of the Lodge.
If the Grand Lodge confirms the verdict of the subordinate, the appeal is dismissed, and the sen- tence of the Lodge goes into operation, without fur ther action on the part of the Lodge.
If, on the contrary, the Grand Lodge reverses the decision of its subordinate, the appellant is placed thereby in the same position that he occupied before the trial. But the consequences of this action, as it involves some very important points of Masonic law, will be fully discussed when we come to the consideration of the subject of Restoration, in a sub- sequent part of this work.
But the Grand Lodge, instead of a complete con- firmation or reversal, may find it necessary only to modify the decision of the Lodge.
It may, for instance, approve the finding of the verdict, but disapprove of the sentence, as being too severe ; in which case a milder one may be substi- tuted. As, for instance, expulsion may be reduced
244 RIGHT OF APPEAL.
to suspension. On the other hand, the Grand Lodge may consider the punishment inflicted not commen- surate with the magnitude of the offence, and may substitute a higher grade, as expulsion instead of suspension. It must be understood that, although in these cases the Grand Lodge is acting in some respects as an appellate court, it is not to be con- trolled by all the rules that govern such bodies in the municipal law. It cannot divest itself of its high position as the supreme Masonic authority of the State, and may at any time, or at any part of the proceedings, abandon the appellate character and assume an original jurisdiction.*
Lastly, the Grand Lodge, being dissatisfied either with the sufficiency of the testimony, the formality and legality of the proceedings, or the adequacy of the punishment, may simply refer the case back to its subordinate for a new trial. If the reference back has been made on the ground that the testimo- ny was not sufficient, or the proceedings irregular, then the trial in the Lodge must be commenced de novo, and if the Brother is again convicted, he may again appeal ; for no number of convictions can abrogate the right of appeal, which is inalienably invested in every Mason. But if the case is refer-
* Thus the Grand Lodge of Mississippi adopted the report of a committee which affirmed that " the Grand Lodge has ample power to act directly in the case, by reversing the decision of the subordinate Lodge, without sending the case back to the Lodge from which the appeal came up." — Proc. G.