Penal Code

Section 1. Whatever is a breach of good morals, contrary to the precepts of the Holy Scriptures, or a violation of the laws of the State or of the United States, is an offense against the principles of this Order and must be promptly dealt with.

Section 2. Any member of the Order who disobeys the order of the presiding officer, or in any manner disturbs the harmony of the chapter must be held to a strict account therefore, and upon a repetition of the offense, suspended for a definite time from the privileges of the Order.

Section 3. Any member of a chapter who fails to pay dues for two or more consecutive years may be suspended from all rights and privileges of the Order, by two-thirds votes of the chapter at any stated meeting.

Section 4. The only penalties recognized are four:

1. Reprimand.
2. Suspension for a definite time.
3. Suspension indefinitely.
4. Expulsion.

Section 5. No member can be reprimanded, suspended, or expelled for any crime whatever except upon the written charges and specifications and ten days’ notice of the time and place of the trial; except as heretofore provided in Section 3, for nonpayment of dues.

Section 6. Any affiliated member has the right to prefer charges but in no case can this right be extended to one who is not affiliated.

Section 7. Complaints against a Matron or Patron for official misconduct must be made to the Grand Matron, during vacation, or the Grand Chapter while in session.

Section 8. Charges against a matron or Patron, for any offense not growing out of the discharge of her or his official duties, must be made to the Grand Matron, and if approved by her she will fix a time for a trial, and notify the chapter with a copy of the charges and specifications and instruct the secretary of the chapter to serve a copy upon the accused, at which time she or her deputy shall preside.

Section 9. In all things relating to the trial of a Matron or Patron, by his or her chapter, except as otherwise specified in these Rules the same proceedings must be had as in the trial of other members.

Section 10. All charges must be made in writing, sighed by the party making them, specifying with reasonable certainty the character of the accusation and the time and place of its commission, including the names of witnesses. It shall be presented at a stated meeting, read in open chapter, and spread upon the record. The presiding officer shall then set a time for trial, and order the Secretary to serve upon the accused a true copy of the charges and notify him or her of the time set for trial.

Section 11. Upon the trial of a Sister, at the request of a majority of the Sisters present, the Brethren shall retire; and upon the trial of a Brother, at the request of a majority of the Brethren present, the Sisters shall retire.

Section 12. The Secretary may serve the notice either in person or by mail; but when sent by mail twenty days shall be allowed for the accused to receive it.

Section 13. The attendance of witnesses on either side, when they are members of the Order, may be enforced by summons which may be issued by the Secretary when ordered by the Matron or chapter.

Section 14. At the time set for trial, if the accused fails to appear in person or by counsel, or has absconded before notice is served, the presiding officer may continue the case to some future time, or appoint a competent member to appear for the accused and hear and decide upon the case as though the accused were present.

Section 15. Should the accused appear and plead quilty to the charge and specifications, no further evidence is necessary, and the chapter shall at once proceed to affix the penalty.

Section 16. Any affiliated member of the Order may act as counsel for the accused or the chapter.

Section 17. All charges must be heard and decided by the chapter; in no case can this be left to a committee.

Section 18. The accused, when on trial, cannot be allowed to vote on any question growing out of her or his case.

Section 19. After the evidence shall have been presented, and the prosecution and defendant, by themselves or counsel, have had an opportunity of being heard, the defendant shall retire, and the chapter shall proceed to decide by taking a separate ballot upon each charge and specification; first, whether the accused is guilty or not guilty, as charged, and if found guilty by a majority of the votes cast, then to fix the penalty commencing with the highest grade and so on down until some penalty is determined on.

Section 20. Should definite suspension be decided upon, the time must be fixed upon motion, but the longest time must be voted upon first.

Section 21. Should the chapter refuse by a majority vote to inflict any penalty, after having voted on each grade, the Secretary shall, within three days, certify the fact to the Grand Matron, who may arrest the Charter of the chapter.

Section 22. The rules of evidence shall be, so far as applicable, the same as in courts of law, except that no oath or affirmation shall be required of witnesses.

Section 23. When a witness is a non-resident, and cannot attend in person before the chapter, her or his evidence may be taken before a Matron or Patron, certified by the Secretary under the seal of the chapter in whose jurisdiction the witness may reside, both the accused and the accuser having due notice of the time and place of taking the testimony.

Section 24. The accused shall be a competent witness, but shall not be required by the chapter to give evidence unless he or she shall offer to testify.

Section 25. The evidence of members of the Order who may not be able to attend the trial, and of persons not members of the Order, shall be taken in writing by a committee appointed by the presiding officer, of which both parties shall have notice.

Section 26. At the time and place appointed the committee shall proceed to take the evidence of such witnesses, and after reading to each her or his evidence in the case, request her or him to sign the same. The evidence thus taken shall be read before the chapter at the time of trial.

Section 27. All the evidence given must be reduced to writing and preserved by the Secretary.

Section 28. The presiding officer shall decide as to the admissibility of any testimony offered, and all points of law and order that may be raised.

Section 29. The suspension of a member precludes for the time being all privileges and benefits of the Order whatever.

Section 30. A sentence of suspension or expulsion will be in force from and after the passage thereof, until reversed by the chapter or the Grand Chapter.

Section 31. Any one refusing to submit to the penalty of reprimand is subject to discipline, and upon conviction thereof, may be suspended or expelled.

Section 32. The expiration of time for which a member stands suspended restores her or him to all the rights and privileges which she or he possessed before the trial.

Section 33. The payment of dues - for non-payment of which a member was suspended - restores him or her to full membership; but to restore to that condition a member who has been suspended or expelled for any other cause, shall require a petition for restoration received at a previous stated meeting, which must have been referred to and reported upon, by committee of investigation, when it shall require a majority vote to restore one suspended, and a unanimous vote one who has been expelled.

Section 34. A chapter may remit the dues of a member, for non-payment of which he or she was suspended, and thereby restore her or him to membership.

Section 35. Any member who has been expelled or indefinitely suspended, may be restored to membership by the chapter pronouncing the sentence, or if said chapter has ceased to exist, then by the chapter in whom jurisdiction he or she resides.

Section 36. A new trial may be granted by the chapter that tried the cause when a member has been suspended or expelled, in the following cases, and upon the following conditions:

1. Upon newly discovered evidence, which would indicate with reasonable certainty a change in the finding of the chapter.
2. When the finding of a chapter is contrary to the evidence and law and usage or the penalty excessive.

Section 37. Application for a new trial must be made in writing, and contain a statement of the causes upon which the application is founded, be presented within ninety days after the trial was had, or within ninety days after the accused is informed of the action of the chapter.

Section 38. Application for a new trial shall be addressed to the chapter, and in all cases where a new trial is granted, the same rules shall govern as in the first instances.

Section 39. Any member feeling aggrieved by the decision of the chapter or the presiding officer, may appeal to the Grand Chapter within one year from the date of such decision, by filing her or his prayer therefore in writing, with the Secretary of the chapter, stating therein the error or decision appealed from; when it shall be the duty of the Secretary to make out a full, true and complete copy of all proceedings had, and evidence taken in the case, and certify to the same, together with a copy of the appeal to the Grand Secretary, within sixty days after said application is made.

Section 40. The Grand Matron or Grand Chapter, on receipt of the transcript and appeal, shall proceed to exame the same upon the papers and evidence so transmitted and without additional testimony, shall decide the cause by confirming the judgment already rendered, or remanding the cause for a new trial, with instructions how to proceed provided, that an appeal will lie from the decision of the Grand Matron to the Grand Chapter.

Section 41. These Rules and Regulations may be amended or repealed, at any annual meeting, by the amendment being proposed in writing, referred to, and reported upon by the Committee on Jurisprudence, and then concurred in by a majority of the members present.

Section 42. It is hereby made the duty of all subordinate chapters under the jurisdiction of this Grand Chapter to so amend their By-Laws as to conform in all respects to these regulations.

The above Constitution, Rules and regulations, and Penal Code were officially approved by Brother Benjamin Lynds, Most Worthy Grand Patron of the General Grand Chapter of the United States, February 27th, 1891

Helen M. Laflin Grand Secretary