Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-05-13

" common or to cut turf. SO by parson OF parish,
against some OF tho Pensioners, to establish general
right TO uhss-or conversely, by some Of the parshon
ers In behalf Of all TO establish paroehial modus
In all cases where exceptions 10 the general rule
lowed, and few permitted to and defend on bo
half OF the many by representation, must DO taken
that persons brought tho record fairly representing
the interest light involved that may DO fully aud
honestly tried.
Where the parties interested in the suit are numerous
their rights and liabilities subject to change and
INCUBATION by death Otherwise, that would DO
possible without very great Inconvenience to make all
oil them parties, and woudoentimcs prevent the prose
eotion OF the suit hearing For convenience there
lore, aud to prevent failure OF justice of equity
permits portion of the parties in interest to represent
the entire body and the decree binds all of them tho
same as all before the Court The legal and caui.
table rights aud liabilities Of all being before the court by
representation, and especially where the subject matter
the sui; common TO ALL there can DO very little danger
hut that the interests Of all will be properly protected and
maintained
The in hand illustrates the propriey and fines,
the rule There some fifteen hundred persons repro
sented by the compainan and over double that number
by the defendants Ii is manifest that 10 require all
parties to lie brought upon the record required In
SUIT At law, would amount to denial OF justice. The
right might be defeated by objections to parties
the difficulty of ascer,sinng them, f asccrtained
from the changes constantly occurring by death other
wise.
As respects the persons into whose hands the fund
in question should be delivered for the purpose Of dis
toution among the bene6caries in Of division OF
it, We shall recur the subject in another part this
OPP inion.
We will now proceed to examination Of the merits
Of the case
The Book Concern, the property In question: is part
OF fund which bad its origin at very early dsy, FROM
tho voluntary contributions OF the travelling preachers IN
the connection OF the Methodist Episcopal Church The
establishment at FIRST small; bat al present. Is one
of very large capital and of extensive operations pro-
ducing great profits In 1895 the travelling in
General Conference assembled, determined that these
profits should be thereafter devoted relief travel
ing preachers aud their families and accordingly resolved
that the produce of the sale of the books the debts
were paid and sufficient capital provided for ing
the business should DO applied for the relief of distressed
travelling preachers for tue families OF travelling preach
era, aud Tor supernumerary and WORKOUT preachers and
the widows and orphans OF preachers.
The establishment paced under tho caro- and SUI
pentendence oil the General Conference the highest
Ihory in the Church. which was composed of the travel
ing preachers and has grown up its masni
tude, its capital amounting nearly million Of dollars
from the economy aud skill with which the has
been managed and from the sbors and fidelity of the
travelling preachers, who have always had the charge
the circulation and sale OF the books in the Methods;
uection throughout the United States accounting to the
proper authorities for the proceeds The agents who have
the immediate charge OF the establishment, make up a
yearly account OF the profits and transmit the the
several Annual Conferences, cach amount in proper
ton TO the number of travelling preachers their widows
AID orphans comprehended within it, which bodies dsIri
butte the fund TO the benehciarcs individually agreeably
TO the design OF the original founders These several
Annual Conferences composed OF the travelling preach
residing located within certain districts assigned To
them and comprehended in the aggregate the entire body
in connection with the Methodist Episcopal Church The
fund has been thus faithfully administered since louu
daton down 10 1916, when the portion belonging TO the
companans in this suit and those they represent was
WITHHELD embracing some thirteen Of the Annual Con-
ferences.
In the year lSi4 the travelling preachers in General
Conference assembled for which il ia not impor-
tant particularly 10 refer to- agreed upon plan for
vision OF the Methodist Episcopal Church. in case the
Annual Conierencesi in the SavehOdiug States should
deem necessary and To the erection of two separate
aud distinct ecclesiastical organizations Aud according
10 this pan 1t was agreed that all the Societies Stations
and Conferences adhering to the Church South by ma
ory of their respective members should reman under
the pastoral care Of that Church, all Of these
bodies altering by amjority of its members to the
Church North should remain under the pastoral care of
that Church and, further that the ministers local and
travelling should they might prefer attach themselves
without blame to the Church North or South IL was
also agreed that the common property Of the Church.
GLIDING this Book Concern that belonged specially 10 III.
body OF travelling preachers should case the separation
took place. be divided between the Churches in pto
portion to the number OF travelling preachers falling with
in the respective divisions This was in ISL. In tn,
following year the Southern Annual Conferences met In
in pursuance OF the plan OF separation and
determined upon DIVISION AMI resolved that the Annual
Conferences should be constituted separate eccesi
astcal cnnnscuon and based upca the discipline Of the
Methodist Episcopal Church. compromising the doctrines
and entire moral ecclesiastical aud economical rules and
regulations OF said discipline except only SO far as verbal
alterations might be necessary and 10 be known Inv The
nome Of the Methodist Episcopal Church South
The division Of the Church, originally constituted
thus became complete and from this two separate and
distinct have taken the place of tue one pre-
viouSly existing.
Tho Methodist Episcopal Church having been thus dyi-
ded with the authority aud according 70 the plan of the
General Conference it claimed the part the COM
claimants who represent the travelling preachers ia the
Church South that they entitled their share OF the
capital stock and profits Of this Book Concern and that
the Withholding il from them violation of th. fnds
mental laws prescribed by the founders and
q ION thn in uhfn
the defendants.
The principal anwer set up this claim IT, tina. &C.
cordns TO the original constitution, and appropriation OF
the fund, the beuefciares be travelling
or the widows and orphans of travelling preachers in
connection with the Methodist Episcopal Church. as or
ganzed and established in the United States at the time
OF the foundation OF the fund aud that the compan-
and those they reprnsent shown to be ray
cling preachers in that connection but travelling preach
ers in connection with different ecclesiastical orginz -
ton they have forfeited their right and no longer
within the description Of its benefciaries
This argument apprehend, If il proves ANYTHING
proves too much for If sound the Necessary consequence
H. that the benecares competed with the Church North
as well as South have iorei ed their right to the fund
IL be affirmed either in point of fact or of
law that they travelling preachers in connection with
the Methodist Church a. originally constituted since
the division, than Of those in connection with the
Church South Their organization but about hall
OF the terrtoyembaced within that Of the former church,
and includes within it but little over two thirds of tho
travelling preachers Their General Conference il not the
General Conference Of the old Church. nor does /, repre
sent the interest possess eroriay the authority of
the same; nor are they the body under whose care this
fund was placed by it, founIers IL may be admitted
that within the restricted limits the organization and au-
hority the same the former Church. Bot the same
equally true in respect to the organization of the Church
South.
Assuming, therefore, that this argument il we'll found
ed the consequence is hata tho bcnecaries of the fund
whether in the Southern Northern DIVISION are depriv
ed of any right to di-iribuon-not being in condition
20 bring themselves within the description of persons for
whose benefit r was established; in which event the foun.
dion OF the fund would become broken up and the can
tnl revert to the original propreorsa result that would
iiifer yey little 10 its effect from that sought to be pro.
duced 10y the conplainants in their bill.
lt Insisted however that the General Conference of
1874 possessed power TO divide tue Methodist Epsco
pal Church then organized consent to such dyi
on and hence, that tho organization Of the Church
South was without authority aud the travelling
whint separated from ecclesiastical connection which
is esSeniI to enable them to participate as beneHcares
Even II this were admitted, do perceive that IL
would change the relative position and rights Of the tray
cling preachers within the divisions North aud South from
that which have just cndeavorcd to expinir If the
division under the direction Of the General Conference has
been made without the proper anhoy and for that rea
son The travelling preachers within the Southern division
are wro1gly separated from their connection wish tho
Church, aud thereby have lost the character Of bencca
rcs; those within tho Northern division arc eau,llv