The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-11-22
Tho Great Methodist Episcopal Church
NORTH versus SOUTH.

NORTH versus SOUTH.
SssTT sTd Rs,,, SSuRT NOV T. ISL Before Judge.
George Lane and sthers
Judge Nelson delivered the following important
and able decision in this case, which, it will be re-
membered, argued in May Hast by eminent
counsel for the North and the South. The Hon.
Reverdy Johnson, of Baltimore, Mr. Daniel Lord,
OF n. Y, and MIR. Johnson, Jr., of Baltimore were
counsel for the Soulh, and the Hon. Rufus Choae,
of Boston, Mr. George Wood, of N. Y, and Mr..
+. l.. Fancter, Of N. Y, for the North. The ar.
gument occupied the Court from the 9Th to the 2Ist
Of May from which fact il will be seen that though
the opinion of the judges is long, it is not more
elaborate than the importance OF the question de-
nands
We omit tie lengthy recital OF the pleadings,
first because they have already, ia substance, been
placed before the public, and secondly because it is
entirely undressing 10 the unprofessonal reader
We have thus stated wha, we regard the mate
rial parts of The bill and answer good deal of
documentary proof was read on the hearing but,
upon The view have taken of the case, it will
not he necessary to refer particularly to it, except
stated H. The course of this opinion, most, if
not all, of the facs material to be noticed not
matters Of Serious dispute. Indeed, the bill and
answer present most OF the facts upon W hich
opinion will be founded.
The complananIs include travelling, supermnu.
meFary, and superannuated preachers, belonging to
the travelling connection of preachers in the Metho
dist Episcopal Church. South, representing in this
suit numerous body in that connection and claim
their proportionae share in the profits OF the Book
Concern, which this description of persons were
coniessedy enlitled TO before the division of the
Methodist Episcopal Church into two distinct or
ganizations took place, under the plan OF separa-
ton of 1874 This Book Concern was established
at a very early day, by the travelling preachers in
connection with that church, and the profits to be
derived therefrom devoted by them to The relief of
their distressed, superDumerary, and worn out
brethren, their widows and orphans. The establish
ment small, a. first, butt at present, is one OF
very large capital and of extensive operations, plo-
ducing great profits to he applied in behalf of the
objects of the charity. 1t has, doubtless been
Quoted with great judgment and prudence, by the
agents in the immediate charge Of it; but its growth
and present magnitude are not less owing TO the la
bors and devotion of the body of travelling preach
ers, who have always taken the principal charge
of the circulation and sale of the books in the
Methodist connection throughout the United States,
accounting to the proper authorities for the pro-
ceeds.
Tho travelling preachers of this church were the
founders of the charity, and have designated the
objects and purposes for which it shall be applied
and, if it is, at any time, wrongfully withheld by
those in TIL. immediate charge of it, or diverted
from the objects designed by the founders, it is the
duty of the Court to interfere and enforce the
cution of the trust r...
The foundation of this charity is peculiar and
novel, differing essentially from the cases OF this
description that have heretofore fallen under the
equitable jurisdiction of court of chancery. The
travelling preachers are both the founders and the
benefcares. They are the propretors of the chari
table fund, and, according the constitution under
which the endowment was made, also entitled to
its proceeds.
We do not perceive, however, that these con
siderations can in any way affect the nature Oh
character of the interest OF the complainants, OI
Them title to the Of thp
proportion of the proceeds, superior that of bene
fcaries of pure charity, where third persor
has made the endowment in the ordinary way fol
charitable and pous Uses, or, that it can be admin
itered upon any other principles than those govern
ing courts of equity in this class of cases. For
according to the original constitution of this fund
by the founders, VINO had right to prescribe thu
terms and conditions upon which the proceeds o.
profits should be distributed, and The persons Il
whom, and which, when prescribed, furnishes tn,
law of the case for The court, these proceeds ant
profits have been devoted to the relief of distressed
travelling, supernumerary, and worn-out preacher
in the connection of the Methodist Episcopa
Church, their widows and orphans; and to enti,le
the complainants, and those they represent to thu
enjoyment, they must bring themselves within tn
description.
We must add, however, that the connection O
this body with the original establishment, and sub
sequent growth of this fund, as portion of it
founders give TO their claims peculiar merit
which cannot butimpress upon the court an anxiet
so to administer il to secure to them the benef
of the fruits of so sacred trus if reasonably con
sstent with the rules and principles OF equity, an
intent of the original founders.
The bill brings the compainants clearly withi
the description of persons entitled 10 Distribute
OF the proceeds OF the fund and the main questio
IN me case, therefore, arises upon the answer an
proofs Ia support of it.
II Is insisted
l. That The resolutions of the General COME
ence OF 1874, when properly understood, do NJ
l;npart an unqualified assent Of that body to div
sion OF The Methodist Episcopal Church into tw
separate and distinct organizations. or cburcha,
that lhe assent thereby gwen was conditional ar
contingent ana mat the conditions were not con
piled with, nor has the contingency happened
Q. That, II Otherwise, the General Conferen,
was moi possessed of competent power and auiho,
ty 10 assem- to or authorize the division. And,
8. Thar the division, therefore, that took pac
was q nnllity; and the separate organization
wrongful Withdrawal and disconnection from Il
membership, communion and government Of Il
church, by .eason of which the travelling, supe
numerary aud WORKOUT preachers composing 4