The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-11-14

In the possession Of the defsndants, LanS &
Scott, as agents duly appointed by The genera
conferences.
They admit, also, that the said Book Concern
was originally commenced by travelling minis
ters of the Methodist Episcopal Church, on the
own capital, with the desire, in the first place, o.
circulating religious knowledge, and by whom
IT was surrendered to the ownership Of all tbs
travelling preachers in full connection, and made
subject 10 the control Of the travelling preachers
IN their general conference and that it was
agreed, from time to time, the profits arising
from the sale Of the books should be applied Ia
Pious and charitable objects, but principally to
Ina support OF travelling ministers and theiI
FAMILIES until, In the general conference of 1896
it was determined that the said moneys should
In future be applied wholly to the relief OF
travelling preachers, including such Of them as
were superannuated, and the widows and or
phans OF such as were deceased and that it was
resolved in that conference that the produce OF
the sale Of the books, after the book debts were
paid aud q sufficient capital provided for carry.
ing on the business, should be regularly paid
I" for the relief of distre ssed travelling preachers,
for the families of travelling preachers, and for
the superannuated and worn out preachers, and
the widows and orphans of preachers" F~
we have thus stated what we regard the ma
teria' parts of the bill and answer A good deal
OF documentary proof was read on the hearing
but upon the view we have taken of the case it
will not be necessary to refer particularly to it,
except Us stated in the course of this opinion, as
most If not all, Of the facts material to be noticed
are not matters of serious dispute Indeed, the
bill and answer present most of the facts upon
which our opinion will be founded
Ntn ~. al
numerary, and superannuated preachers, belong
ing to the travelling connection of preachers in
the Methodist Episcopal Church South, repre-
senting in this suit, numerous body in that
connection, and claim their proportionate share
in the profits of the Book Concern, which this
description of persons were confessedly entitled
to before the division OF the Methodist Episcopal
Church into two distinct organizations took
place, under the plan of separation of 1874.
This Book Concern was established at u very
early day, by the travelling preachers in connec-
ton with that church, and the profits to be de-
rived therefrom devoted by them TO the relief Of
their distressed supernumerary and worn out
brethren, their widows and orphans. The es
adjustment was small at first, but at present il
one of a very large capital, and of extensive
operations, producing great profits, to be applied
in behalf of the objects of the charity. 1t has,
doubtless, been conducted with great judgment
and prudence by the agents in the immediate
charge OF it; but its growth and present mag
nitnde are not less owing to the labors and de-
votion of the body of the travelling preachers,
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 proceeds. -.
The travelling preachers of this Church were
the founders of the charity and have designated
the objects and purposes to which it shall be
applied; and, if it is, at any time, wrongfully
withheld by those in the 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 execution Of the trust.
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 bene6ciaries. They are the proprietors
of the charitable fund, and, according to the con-
stitution 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 or
character of the interest Of the complainants, or
confers upon them title to the enjoyment Of
their proportion of the proceeds superior to that
OF beneficiaries of pure charity. where third
person has made the endowment in the ordinary
way for charitable and pious uses, Or that it can
be administered upon any other principles than
those governing courts of equity in this class of
cases. For, according to the original constitu-
ton of this fund by the founders, who had
right to prescribe tho terms and conditions upon
which the proceeds or profits should be distrb-
uted, and the persons to whom, and, which, when
prescribed, furnishes the law of the case for the
court--these proceeds and profits have been de-
voted to the relief of distressed, travelling, gu
pernumeraIy, and worn-out preachers in the con-
nection of the Methodist Episcopal Church, their
widows and orphaus and to entitle the CON-
pairants, and those they represent, to the enjoy
ment they must bring themselves within the
description.
We must add, however, that the connection
of this body with the original establishment.
and subsequent growth of this fund.- as por-
ton of its founders, give to their claims pecu-
liar merit which cannot but Impress upon the
court an anxiety so to administer it as to secure
to them the benefit Of e. fruits of so sacred
trust, if reasonably consistent with the rules
and principles of equity, and intent of the origi-
The bill brings the compliments clearly
within the description Of persons entitled to
distribution of the proceeds of the fund; and
the main question in the case, therefore, arises
upon the answer and proofs in support of it,
1t is insisted,
/. That the resolutions of the general confer.
ence of 1914, when properly understood, do not
impart an unqualified assent of that body to
division of the Methodist Episcopal Church
into two separate and distinct organizations or
churches; that the assent thereby given was
conditional and contingent, and that the condi.
tons were not complied with, nor has the con.
tiugency happened.
2. That, if otherwise, the general conference
was not possessed of competent power and au-
thority to assent TO or authorize the division.
And,
3. That the division, therefore, that took place
was nullity; and the separate organization
wrongful withdrawal and disconnection from the
membership, communion and government of the
church, by reason of which the travelling, super
numerary and worn-out preachers, composing
the separate organization, are taken out of the
description of the bene6ciaries of the fund
There were some other matters brought into
-, L. e