CHAPTER 8
Interpretations of Law
SEC. 8-1
SECTION AND REGULATION HEADINGS.
The Section and Regulation
headings included in THE CODE beginning with the 1995 General Revision shall
not be construed or interpreted as substantive law.
The law of the Grand Lodge
shall be expounded by the Grand Lodge, or the Grand Master, or the Master of a
lodge to take precedence in the order named. [13-2.2; 59-2.2].
In every case in which an appeal
from any act or order is authorized by THE CODE, such appeal shall be in
writing signed by the appellant.
1. The appeal
shall give in detail,
A. The facts and circumstances on which the
act or order appealed from was based,
B. The facts and circumstances on which the
appeal is founded, and
C. The reason for the modification or
reversal applied for should be granted.
2. The appeal
shall be filed with the Grand Master, if the appeal is directed to him.
3. The appeal
shall be filed with the Grand Secretary, if the appeal is addressed to the
Grand Lodge.
4. Where an
appeal to both the Grand Master and the Grand Lodge is authorized, it may be
taken directly to the Grand Lodge. [34-7.1; 41-11; 43-9; 43-10; 59-4; 59-5; 59-5.4; 59-2.29; 45-23.20].
5. This
regulation shall not apply to appeals in connection with trials as provided in
the Trial Code. [13-3.216-1.1334-2; 43-9; 43-1059-5; 98-1; 101-7].
The decisions of the Grand
Lodge upon the reports of the Committee on Masonic Jurisprudence or the
Committee on Appeals touching the legal questions involved are judicial in
nature and are to be considered as correct interpretations of existing laws.
Such action by the Grand Lodge must in no sense be considered as legislative or
the making of law. [2-1; 2-6.2; 2-7].
SEC. 8-5
JUDICIAL DETERMINATION.
Any member of the Grand
Lodge may invoke its judicial determination upon a question of law as
applicable to a given state of facts in the following manner:
1. The member
shall present to the Grand Lodge a statement of the facts in writing and set
forth the legal question which he claims is involved.
2. The Grand Lodge,
if it entertains the statement, shall refer it to the Committee on Masonic
Jurisprudence which shall report thereon.
3. The action of
the Grand Lodge on such report shall be deemed a judicial interpretation of the
law bearing on such a case. [2-1; 2-6.2; 2-7].
SEC. 8-6
DECISIONS AND OPINIONS.
Decisions and opinions of
the Grand Master:
1. A decision
must arise on a controverted point or question to which there are parties
having conflicting interests, with the right to seek a review in the Grand
Lodge. [59-5].
2. The action of
the Grand Lodge on a decision, on the report of the Committee on Masonic
Jurisprudence shall be deemed a correct interpretation of the law governing the
case decided.[8-4]
3. Other rulings
of the Grand Master are opinions.
A. The Master of a lodge, any Grand Lodge officer, District Deputy Grand Master, District Deputy Grand Lecturer, or any member of any Grand Lodge board, committee, or commission may inquire of the Grand Master as to the law in a particular case, and an opinion of the Grand Master in reply thereto is official. [13-2.2; 13-2.5; 13-3.2].
B. Answers by the Grand Master to letters
from other members in which he gives his opinion as to law or fact are unofficial.
[13-2.2; 13-2.5; 13-4.2].
4. Decisions and
official opinions govern the particular cases in which they are rendered until
set aside by the Grand Lodge. [13-2.2; 13-2.5; 34-1.2]
5. Opinions, if official
and approved by the Grand Lodge, have the effect of an approval of the act of
the Grand Master in the particular instance, but are not binding as correct
expressions of either written or unwritten law. They are of value only as
opinions formed upon ex parte statements, without issues submitted in
proceedings requiring judicial determination.
Unofficial opinions do not
control or govern either the lodge or the individual Mason. [13-2.2; 13-2.5].