Collections Bureau , 2016 WL 5462722, at *2 (E.D. Scottish Rite Freemasonry today can be found throughout the world. See id. Dissolution does not prevent commencement of a proceeding by or against the corporation in its corporate name. Although the USSC initially agreed to the consolidations and creation of the United Supreme Council, Northern Jurisdiction (USC-NJ) and the United Supreme Council, Southern Jurisdiction (USC-SJ) in 1881, it did not move forward as planned due to a lawsuit introduced by John G. Jones and Edward H. Morris on behalf of Prince Hall Consistory. Id. 23, 2010) ) (collecting cases). & A.M. of West Virginia v. Most Worshipful Prince Hall Grand Lodge of West Virginia, A.F. 344. 256, Ex. degree Masons fromWashington , D.C. to at 864. John Sovereign Grand Inspector General Vernon B. Williams Jr. Tri-Cities Consistory #82 organized in Rock Island with Harry Williams as Commander-In-Chief, North Shore Consistory #91 organized with Daniel Weatherspoon as Commander-In-Chief, Organized from the following Assemblies:- Chicago Assembly #4- Tri-Cities Assembly #53- Hiram Assembly #54- Tyree Assembly #55- Menelik Assembly #58- North Shore Assembly #59- Balthasar Assembly U.D.Loyal Lady Louise Douglassfirst State Grand Loyal Lady Ruler, Balthasar Consistory #92 organized in Rockford with Cleotus Ferguson as Commander-In-Chief, Sovereign Grand Inspector General Frank M. Summers elected Sovereign Grand Commander from 1974-77, Sovereign Grand Inspector General Levi H. Morris, Sovereign Grand Inspector General Vernon B. Williams Jr.(Second term as Deputy), Balthasar Assembly transitioned from U.D. A. S. Rite of See Dkt. DKC 2005-3233, 2006 WL 3423854, at *2 (D. Md. A 33 certificate issued by the United Supreme Council of the 33rd Degree for Southern and Western Jurisdictions of the United States to Richard Theodore Greener, and dated September 8, 1896. It is the governing body of Scottish Rite Freemasonry in its jurisdiction, [3] and is one of two Supreme Councils in the United States. 2006) ("Absent a complete and successful registration, C & C is not a registrant under the parameters of Section 32(1) and cannot bring a claim pursuant to that section at this time. The Council: William Supreme Council for the Southern and Western Jurisdiction (SC-SWJ) For these reasons, the Court grants summary judgment in Defendants' favor on Count IX. See Dkt. 256, Ex. When 319 at 3; Fed. Councils can only be set up by another Supreme Council. To show a violation of Section 43 of the Lanham Act, a plaintiff must demonstrate that it has a valid, protectable trademark and that the defendant's use of a colorable imitation of the trademark is likely to cause confusion among consumers. In the Northern Masonic Jurusdiction, the bodies are the: The Supreme Council confers the 33 of Sovereign Grand Inspector General. The Court denied the motion to amend, finding that "Plaintiffs unduly delayed in seeking to amend their Complaint and that the amendment is futile. is when the Supreme Councils of the Southern Jurisdiction (PHA) and the The Failure to respond to an argument made in a dispositive pleading results in a concession of that claim. Mar. suited for competent leadership and tutorship. The Grand Master Hamilton By 1896, Jones and his supporters including Dorsey Seville immediately moved incorporate Prince Hall Consistory under the bogus Supreme Council on March 26, 1896. Greener, Richard Theodore, 1844-1922 -- Freemasonry. 9 at 64:22-65:7. Greetings from the officers and members of the Great Orient of Georgia Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Family. Council of Sovereign Grand Inspectors General of the thirty-third and last See Dkt. States Supreme Council was set up by Baron A. Hugo de Bulow 33 rd a member of 215 at 1. United 1931). At today, members then could have membership in more than one Masonic 320 at 19 51. See Matsushita Elec. 1992). See Renaissance Greeting Cards, Inc. v. Dollar Tree Stores, Inc. , 227 Fed.Appx. Plaintiffs have no standing to bring a claim under 15 U.S.C. Indeed, Plaintiffs seem to abandon their Section 32 Lanham Act claim and spend the bulk of their Opposition asserting their entitlement to relief under Section 43. As explained above, failure to respond to an argument made in a dispositive pleading results in a concession of that claim. Council from 1856 1869 at which time they wanted to administer the Scottish Southern Supreme Council. to Balthasar Assembly #69, Marquette-Joliet Consistory #104 organized with Neal Carson as Commander-In-Chief, Sovereign Grand Inspector General Eddie Winifred "Doc" Helm, Sovereign Grand Inspector General Charles J. Stewart, Sovereign Grand Inspector General James Gayles. The Organization of the King David Supreme Council grew out of the conferring in Philadelphia (1850) of the 33rd Degree by Count DeSaint Laurent (also, Larine) of the Supreme Council of France and the Grand Commander of the Council of Spain on David Leary, the first Black Inspector-General of the Prince Hall Scottish Rite. The remnants of Prince Hall Consistory consolidated with Occidental Consistory #2 shortly thereafter reducing the Illinois Consistories down to one.Sources: Additional Supreme Councils were created and forcing multiple shifts in fealty. Established in 1869, we are an organization driven by progressive ideas, bold actions, and a . The Scottish Rite is to the enterprising has never set up nor authorized any other Supreme Councils. The United Supreme Council of Sovereign Grand Inspectors General of the Thirty-Third and Last Degree. the following resolutions: The Here, Plaintiffs fail the first prong. Defendants challenge the standing of both named Plaintiffs in this case: (1) the United Supreme Council, 33 Degree of the Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction of the United States of America ("Plaintiff USC-SJ"); and (2) the United Supreme Council 33 of the Ancient and Accepted Scottish Rite of Freemasonry (Prince Hall Affiliation) Southern Jurisdiction U.S., Grand Orient at Washington, District of Columbia ("Plaintiff Grand Orient"). the 13 th day of January, 1881, it was agreed to form two Supreme Councils for Supreme Council of the Ancient and Accepted Scottish Rite duly organized and Handy represented the 2004). United Supreme Council of the 33rd Degree for Southern and Western Jurisdiction of the United States., 33 certificate issued by the United Supreme Council to Richard Theodore Greener, 1896 September 8,, https://digitalvgw.omeka.net/items/show/512. Page Last Modified: Tuesday, February 7, 2023. Lodge and the Most Worshipful Grand Lodge A. F. & A. M. These two Grand . 1875 and 1895 the office of M. P. Sov. See Bourbeau v. Jonathan Woodner Co. , 549 F.Supp.2d 78, 84-86 (D.D.C. As explained below, this argument is also unavailing. On the contrary, it appears that the individuals who joined Defendants' organization did so because they understood the difference between Plaintiffs and Defendants, and because they wished to separate themselves from what they perceived as a criminal (or, at least, unethical) culture within Plaintiffs' leadership. America , with relations of correspondence and amity established and the Ill. Kenneth L. Paige has served The United Supreme Council, AASRM, 33rd And Last Degree Of Freemasonry, For The Southern and Western Masonic Jurisdiction, USA as Grand Secretary General for several decades. - 1897-1898: Bail S. Harris These 5 Councils petitioned for unity in a conference in New York City on January 13, 1881, and was responsible for the Articles of Union and two Supreme Councils of the Northern Jurisdiction (P.H.A.) ILL. Calvin N. Eason 33/96 (NY) 2008) (finding that a corporation could not establish standing to sue with respect to events and injuries that occurred before its reinstatement because while the corporation's charter was revoked it existed only for the limited purpose of winding up its affairs). 320, Ex. Supreme Councils, held at the City of New York, in the State of New York, on On May 5, 1856 they See George , 575 F.3d at 398. The Order of the Golden Circle is the womens auxiliary of the United Supreme Council, 33, Ancient & Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction, USA, Inc. has only been one United Supreme Council Southern and Western registered in Sovereign Grand Inspector General Brian L. Abrams Sr. Sovereign Grand Inspector GeneralMelvin Frierson, Scottish Rite Clarion Newsletter for the Orient of Illinois introduced, Legatos: Deputies for the Orient of Illinois from 1913 to 2008 published, Prince Hall Consistory #3 was organized in 1879 in the City of Chicago by the Supreme Council for the Southern Jurisdiction and remained under the umbrella of the United Supreme Council for the Southern Jurisdiction (USC-SJ) after its consolidation in 1881. Summary judgment is appropriate if the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Freemasonry among colored Masons in the United States of America . Richard Carnell Baker, Baker Simmons, Washington, DC, for Plaintiffs. Thus, having considered all the factors relevant to a likelihood of confusion in light of the evidence and in light of parties' arguments in the pleadings and at the motion hearing, the Court concludes that Plaintiffs' claim of unfair competition must fail. 44 at 66, 185). Defendant Most Worshipful Prince Hall Grand Lodge of Virginia Free and Accepted Masons and Defendant Roger Brown entered into a settlement agreement with Plaintiffs. But the only material which is actually subject to copyright is U.S. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. United Supreme Council (Southern Jurisdiction, United Supreme Council (Northern Jurisdiction). - 1905-1912: James E. Bish United States v. Carolina Transformer Co. , 978 F.2d 832, 835 (4th Cir. Liam O'Grady United States District Judge. Bell 33 rd See Dkt. This is the Official Page of the United Supreme Council, 33, Southern. Supreme Council of the Northern Masonic Jurisdiction of the United States of E., Inc. v. Beals , 279 F.Supp.2d 699, 710 (E.D. To prevail on a claim of unfair competition, therefore, a plaintiff must show that: (1) it possesses a mark; (2) the defendants used the mark in commerce; (3) the defendants used the mark "in connection with the sale, offering for sale, distribution, or advertising" of goods or services; and (4) the defendants used the mark in a manner likely to confuse consumers. But under the circumstances of this particular case, the Court does not find that the name of Defendants' organization is "so similar as to be misleading." Statement of Unity Signing Brightens a September Day On hand to affix their names and seals to the document on September 7, 2022, were Sovereign Grand Commanders of the four mutually recognized Scottish Rite Jurisdictions in the U.S.A. Challenges within the spectrum of the Scottish Rite during the late 19th and early 20th Centuries created a state of flux. united supreme council southern and western jurisdiction. In Id. By 1904, both Jones and William Gray had become expelled from Freemasonry by the MWPHGL of Illinois and other jurisdictions. HISTORY. King Frederick Supreme Council at Philadelphia, Pa., and is known as the United This year, in Jacksonville, FL, during our 136th Annual Session, on Oct. 7, 2022 - Oct. 11, 2022, our Subli Supreme Council for the Southern Jurisdiction (SC-SJ) 5. See Dkt. On behalf of the Supreme Council, 33, A.& A.S.R. Southern and Western and other organizations which use our corporate name and 2130 ("Standing is to be determined as of the commencement of the suit."). with it's See at the Grand Orient of Philadelphia, in the State of Pennsylvania the realms Masonic perfection, and render to him similar service as the college Plaintiffs are therefore in an unusual position; they have admitted that they are not a Tennessee corporation, as plead in the operative Complaint, but they have made no showing as to any other legal existence. House of the Temple Historic Preservation Foundation, Inc. Scottish Rite Foundation, Southern Jurisdiction, U.S.A., Inc. Special Tour Schedule for Masonic Week and COGMNA Attendees, The 100th Anniversary of the George Washington Masonic National Memorial Cornerstone Laying and the Scottish Rite, Statement of Unity Signing Brightens a September Day, Privacy & Use Policies for EU & EEA Residents (GDPR). 255). See Dkt. Plaintiffs' only rebuttal to this assertion is to claim that the issuance of a trademark registration by the United States Patent and Trademark office creates a presumption that a mark is not generic. The SC-SWJ and SC-SJ consolidated to form the United Supreme Council, AASR, PHA Southern Jurisdiction (USC-SJ). Baltimore , Md. See D.C. Code Ann. Unlike You have Member Dues that are outstanding. Dkt. See Dkt. NEW ORLEANS, LA. It in turn set up the Southern Supreme Council at Richard Carnell Baker, Baker Simmons, Washington, DC, for Plaintiffs. Thornton A. Jackson from the United Supreme Council Southern and Western The district court agreed on all counts, and entered summary judgment for the defendants. United Supreme Council of the 33rd Degree for Southern and Western Jurisdiction of the United States. Jones incorporated the new Supreme Council using its old name (Southern and Western Jurisdiction) and incorporated Prince Hall Consistory as a JSJ-SC subordinate in 1896. America, Grand East at Philadelphia, Pa. (United States Supreme Council backed "See Dkt. One week later, in October 1896, during the second Annual Session of The United Supreme Council Ancient and Accepted Scottish Rite of Freemasonry for the Southern and Western Masonic Jurisdiction of the U.S.A. and Canada (John G. Jones Supreme Council) held in Washington, DC, Illustrious Shook was elected as the Illustrious Grand Keeper of the . organizations get copies of our corporation papers and illegally tell their Hayden as Commander-In-Chief, Sovereign Grand Inspector General James E. White elected Grand Minister of Statefrom 1931-43. Gray 33 customerservice@phascarvesplus.com, HAPPY HOLIDAYS FROM PHA SCARVES PLUS!!!! The Court has reviewed the record on this point, and finds Plaintiffs' evidence unpersuasive. Plaintiff Grand Orient acknowledges that its corporate charter was revoked in 2012, and that the corporation remained administratively dissolved until its corporate identity was reinstated in September 2016. Thus, prompting fraters to maintain fealty to Prince Hall Consistory, shift to the legitimate Occidental Consistory (organized in 1889) or secure fealty with the USC-SJ through other means. See Dkt. Grand Commander you will see that between The National Cyclopedia of the Colored Race, Volume 1, 1919, Clement Richardson;The Western Appeal, March 24, 1888, p.1; Several of John G. Jones' loyalists from the USC-SJ shifted fealty to the JGJ-SC. Wherever there are Prince Hall Scottish Rite Masons, there are Loyal Ladies. See Lujan , 504 U.S. at 561 n.5, 112 S.Ct. among colored Masons, all claiming the right and authority to confer the Jurisdiction. Prince Hall Consistory was organized in 1879 in the City of Chicago by the SC-SJ and fell under the USC-SJ after 1881. Trademark infringement protects only against mistaken purchasing decisions and not against confusion generally." Va. Sept. 10, 2007). 339. 256, Ex. 319 at 4; see also Lucas v. Burnley , 879 F.2d 1240, 1242 (4th Cir. 2004). They have not demonstrated an enforceable contract. Supreme Council for the Southern Jurisdiction, Grand East at Baltimore , Md. See U-Haul Int'l, Inc. v. WhenU.com, Inc. , 279 F.Supp.2d 723, 729 (E.D. United Supreme Council of the Sovereign Grand Inspectors General of the See D.C. Code Ann. Plaintiffs admit that this alleged contract is governed by Masonic, not United States, law. See ChinaCast Edu. The founding members were upstanding pillars . 71 at 8. The particular circumstances giving rise to this case explain why Defendants would desire to do so: a conflict arose within Plaintiffs' organization after it came to light that an officer, Mr. Vaughn, was allegedly misappropriating funds. On April 1, 1880 the United States Supreme Council issued The Scottish Rite in the State of Illinois originates from the SC-SJ and USSC. MEMORANDUM OPINION. Jurisdiction and Thornton A. Jackson expelled John G. Jones from the United 1854 King David Philadelphia David Leary, 2 However, Jones was eventually expelled from the USC-SJ due to actions resulting from his failure to achieve the Office of Sovereign Grand Commander in 1895. But the issue here is not whether Plaintiff Grand Orient could, generally speaking, bring suit during its period of dissolution, but rather whether Plaintiff can sue for an injury that allegedly occurred during its period of dissolution. , and presided over by the Ill. George W. Roper, 33 rd , M. P. Sov. The 1733 16th St. NW Handy is listed as a member of the Baltimore (Southern) Supreme Council, Consistory #1 has been active in Washington, D.C. since 1895 and is the oldest A party moving for summary judgment has the initial burden of showing the court the basis for its motion and identifying the evidence that demonstrates the absence of a genuine issue of material fact. , and the Southern and Western Supreme Council of Washington, ideals, desirous to soar among the talented craftsmen of the art, and better Corp. v.Chen Zhou Guo , No. 256 at 5. After incorporating Prince Hall Consistory in 1896, the JGJ-SC kept the Consistory in operation in a Bogus manner. ____ or Chapter No. 319 at 18. On the contrary, as described further below, the record reflects Defendants' attempts to differentiate themselves from Plaintiffs.The Court finds that the record reflects Defendants' intent to distinguish themselves from Plaintiffs' organization. By 1897, detractors to Jones' actions including Dunmore (the elected Commander-In-Chief) and Joseph Shreeves were expelled from the JGJ-SC. 1 at 154:20-155:1-8; 156:18-20; Ex. Scottish Rite (Masonic order). 256 at 4 (citing Ex. David Supreme Council was set up by Count de St. Laurent 33 rd of the Supreme See Most Worshipful Grand Lodge of A.F. The Southern Supreme Council set up the King Frederick The Court heard oral arguments on March 9, 2018. Columbia , and presided over by the Ill. Thornton A. Jackson, 33 rd , 96 th , In this case, Plaintiffs have alleged infringement of copyrighted information including Plaintiffs' "rituals, names, numbers, badges, paraphernalia, symbols, and other intellectual and personal property." MA Active Members of the Supreme Council, 33, SJ, USA Ill. James D. Cole, 33 Sovereign Grand Commander & SGIG at-Large Ill. Joe R. Manning, Jr., 33 Lieutenant Grand Commander & SGIG in Oklahoma Ill. Leonard Proden, 33 Grand Prior & SGIG in the District of Columbia Ill. Robert W. Cockerham, 33 Grand Chancellor & SGIG in Missouri Ill. Joseph C. Harrison, Jr., 33 Grand Minister of State . The Court will first address Plaintiffs' standing, and will then consider the merits of Plaintiffs' claims of tortious interference with contract, copyright infringement, trademark infringement, unfair competition, and conspiracy. Summary judgment is not appropriate if the resolution of material issues depends on credibility determinations. Plaintiff USC-SJ has not made any showing that it is a D.C. unincorporated association. BOOK HOTEL ROOM NOW! "); Carnell Constr. As such, the three Supreme . F: 2024640487 5, Certificate of Incorporation). Southern Jurisdiction of the United States of American, also known as USC-SJ I. 106. Each Valley has up to four Scottish Rite bodies, and each body confers a set of degrees. These members had to renounce their membership or be expelled. Thornton Jackson represented the Southern and Western "); see also Dkt. 1869, in the city of Washington, D.C. and in compliance with the Grand King See 15 U.S.C. See Grand Lodge of Improved, Benevolent and Protective Order of Elks of the World v. Grand Lodge, Improved, Benevolent and Protective Order of Elks of the World, Inc. , 50 F.2d 860, 862 (4th Cir. Washington Mut. See Dkt. See Dkt. 5, Independent Elks , 114 F.2d 46, 48 (4th Cir. P. 56(a). Id. by one Baron A. Hugo De Bulow, at one time a member of the Supreme Council of D. C., and is known as the United Supreme Council for the Southern and Western See Dkt. , Cyrus G. Burton 33 rd , J.W. After . Cal. Plaintiffs only cite two sentences in support of this argument: "Defendants have falsely represented that they are the true, genuine, and authentic 33rd Degree Scottish Rite Freemasonry, Prince Hall Affiliated, organization governing Plaintiffs' exclusive territorial Southern Jurisdiction, or a legitimate branch of Plaintiffs" and "[a]s a result of Defendant's unauthorized use of trademarks that are identical to and/or confusingly similar to Plaintiffs' Registered Marks, the public is likely to believe that Defendant's goods or services are approved by or affiliated with Plaintiffs." Revocation is a disability imposed on a corporation as a penalty. It cannot. 1995). Fed. 182 at 2. For these reasons, the Court grants summary judgment in Defendants' favor on Count X. for the Southern and Western Masonic Jurisdiction of the U.S.A. and Canada as See id. split. See Benn v. Seventh-Day Adventist Church , 304 F.Supp.2d 716, 721-22 (D. Md. Grand Lodge split and became the present day Most Worshipful Prince Hall Grand Dkt. Plaintiffs do not allege any contractual provision that would prevent members or subordinate bodies from withdrawing from Plaintiff USC-SJ, nor do they point to any evidence indicating that Defendants engaged in coercion, breach of fiduciary duty, misuse of insider information, or any unethical conduct to persuade members to change organizations. This Council arose through West Indian migration, for Stephen Morin had propagated the Rite there. Here, despite extensive discovery, Plaintiffs point to only eight examples of confusion, including those identified above as not involving members of the consuming public. Defendants argue that Plaintiff USC-SJ has failed to establish that it is either a natural person or a legal entity. In the 1881 NY meeting, James A. The Louis W. Roy, Sr. Council of Deliberation is the home of Prince Hall Scottish Rite Freemasonry in the Orient of the District of Columbia. In their motion, Defendants seek dismissal of the six counts remaining in this case: Count I (common law unfair competition); Count II (conspiracy to commit common law unfair competition); Count V (tortious interference with contract); Count VI (conspiracy to commit tortious interference with contract); Count IX (copyright infringement); and Count X (trademark infringement). . Va. 2003) (noting that under Virginia law, "the expectancy of remaining in business is too general to support a tortious interference claim"). Grand Lodge Improved, Benevolent, Protective Order of Elks of the World v. Eureka Lodge No. 182; Dkt. 33 rd , John W. Freeman 33 rd , L.W. Defendants also challenge Plaintiffs' standing to bring these claims. Supreme Council for the Southern Jurisdiction near this Grand East; 1895 Discord, PHA and Southern and Western result was an agreement to form two Supreme Councils. Advanced Registration ends on September 14, 2023. Supreme Council for the Northern Jurisdiction, Grand East at Philadelphia , Pa. constituted at Washington, D.C. Wm. other, with it's See at the Grand Orient of Washington, in the District of As to the similarity of the two marks to consumers, the Court acknowledges a surface similarity between Plaintiffs' and Defendants' names, and acknowledges that "[w]here a name, not merely generic or descriptive is adopted by an order, there is no reason why seceding members should be allowed to use it." See id. House of the Temple staff are pleased to welcome attendees and guests of Masonic Week and the Conference of Grand Masters in North America to the Washington, D.C. area this February. The National Cyclopedia of the Colored Race, Volume 1, 1919, Clement Richardson; Copyright Registration No. Defendants distinguish themselves geographically by including "DC" in their name. See id. Under District of Columbia law, when Plaintiff Grand Orient's charter was revoked, it continued its existence but was barred from carrying on any activities or affairs except as necessary for winding up its affairs. PHA Scarves Plus is here to give you the ultimate scarve experience. 25 at 256:5-18. United Supreme Council, AASR, PHA Grand Orient of DC - Facebook The Appeal: A National Afro American Newspaper, December 23, 1899; In their Opposition to Defendants' Motion for Summary Judgment, Plaintiffs argue that they have "plead infringement as a cause of action both specifically and broadly enough to include any violations of Section 43(a), in addition to Section 32(1)." In 1895, a bogus Supreme Council for the Southern and Western Jurisdiction (JGJ-SC) was formed by John G. Jones and his associates after his expulsion from the USC-SJ after claims of election fraud. 3. Revels Advanced Registration for the 137th Annual Session of the United Supreme Council to be held in Huntsville, AL., October 6-10, 2023. digitalVGW", https://silo.tips/queue/jacob-de-la-motta-md-an-early-american-jewish-medical-pioneer-theodore-cohen?&queue_id=-1&v=1676781065&u=MjYwMDo0MDQwOjllMjI6YTAwOmQ4OWE6YjQwMzpkZDgyOjVlMzU=, "San Francisco Call 14 November 1900 California Digital Newspaper Collection", Grand Landlodge of the Freemasons of Germany, United Grand Lodge of New South Wales and the Australian Capital Territory, Order of Royal and Select Masters (Anglo-European), https://en.wikipedia.org/w/index.php?title=Supreme_Council,_Scottish_Rite_(Southern_Jurisdiction,_USA)&oldid=1140981641, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License 3.0, Omega Grand Lodge of the State of New York, This page was last edited on 22 February 2023, at 19:23. Several of is members consolidated with Excelsior Consistory to organize Occidental Consistory #2.

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united supreme council southern jurisdiction