Washington telegraph., 1853-01-12
The Methodist Church Suit in
New York.

1t will be remembered that this case was
argued in the United States Circuit Court
for the Southern District of New York, at
the May term 1851, before Judges Nelson
and Belts; and that, in November following,
Judge Nelson pronounced decision in favor
Of the complanants, who sued on behalf of
themselves and of their associate benefciaries
| connected with the Methodist Episcopal
| Church South, for a pro rata portion Of the
property of the Methodist Book Concern in
the city Of New York. In pursuance of the
terms of the decree, q reference was had be-
fore the clerk of the court to ascertain and
report upon the value Of the property and
upon other matters involved in the questions
hereafter mentioned The commissioners
for the South, with their counsel, were pre-
sent at the reference in April last. and the
book agents also appeared with counsel
Considerable testimony was taken on the
reference, and the whole matter was argued
in May before the referee, who reported
thereon. As to the questions wherein the
counsel differed, he decided generally forthe
defendants, (the North) The complainants,
being dissatisfied with the report, took ex-
ceptions to it; in consequence Of which the
matter was brought before the court, in Oc-
tober last it was again argued by Daniel
Lord for the complainants, and by E L.
Fancher for the defendants.
We now learn that the Judges, Nelson
and Bets. lhaving deliberated upon the case,
are divided in opinion upon the principal
questions arising on the exceptions to the
report; and they have, consequently, ordered
the points on which they differ to be sent up
to the Supreme Court of the United States,
for decision by that tribunal. We under
stand that a final decree cannot be entered
in the case until the direction of the Su-
preme Court upon the points certified to it
shall be sent back to the Circuit Court Nor
can the defendants, should they elect to ap-
peal from the decree of November, 1851.
deciding the main question of the right of
the South, take such appeal until the final
decree in the cause is entered.
1t was contended for the South, on the ar
gument Of the exceptions to the clerks re-
port, that the Southern benefciaries were
entitled to be paid their portion of dividends,
according to the profits as yearly reported
by the book agents to the Annual Confer
ence: that the share of the South in the capi
tai was to be ascertained according to the
value of the same in 1916; and that such
share should be paid IN cash, with certain
additions Of interest," ALSO that che ratio
should be computed according 10 the num-
bcrs of preachers reported III the minutes
for the year 1915. On the other hand. it
was contended for the defendants that the
share of the Southern benefciaries in the
profits should be rated according to what the
Northern beneiciaries had actually received,
and not according to reported or actual pro-
fits; that the portion Of capital to be ascer-
tanned for the South should be taken accord
ing to the value of 1851, and not of 1915;
and that, whatever the share was, it should
not be paid in cash, but that the capital must
be apportioned under the decree of the Court.
BY an apportionment of the specific effects to
be agreed upon; and if such agreement could
not be made, then that there must be sale
ordered, and a distribution of the proceeds
also, that the ratios were to be regulated ac-
cording 10 the number of preachers named
in the minutes of 1874, and not of 1S45.
We understand that the differences of
opinion between the Judges are fundamental
upon the principal points mentioned, and it
is therefore inevitable that the case, so far
as those points are concerned, should 20 to
the Supreme Court of the United States.
". Y. Commercial Adu.