The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1867-08-17
The Waimea Church Case
Supreme Court.

Chief Justice ALLEv delivered the opinion d
the Court.
Thi- case is an action Of ~trcsIass. which III,
plaintiffs instituted against thc defendants bei1r,
ihe CiTcuit Judgc Of tie ith Judicial Circuit
wiD rendered Judgment for defendants, from
which the Plaintiffs appealed.
lie plaintiffs caiIn tlat they are the legally
elected trustees Of the church 81 Waimca- leland
Of Kauai. and that they were III Icie-Ible In-
-e--iDn Of the church edifec on tine 2l Of sept.
IsGj. and lad been prior to that time, under 4
charter granted III accordance with the provisions
of law. and that the defendants entered and took
possession Of the same in disregard Of the express
prohibition of the plaintiffs; To all OF which the
defendants pleaded not guilty.
IL apJelr- in Evidence. that ON the 10Th day Oi
March, lSJJ, Luka. j. kachu, 4. Ekaula, and
IialuikDo- j. Kauai, j.. Mauahinelau, and j. Ma
hinalua, were constituted an association undcr the
name Of tie trustees of the church of W aIuei
Kauai. AMI by that namc NAV sue and be sued
and also have the usual rights in the Courts given
To such corporations. They may hold real and
personal property To an amount, the yearly III
come Of which shall not exceed SJO,OOO.
The Charter provides further, that If a vacancy
should arise in the board of trustees or If the
church members shouIi wish 10 depOsc from
Ofice any Of them, then public notice shall be
given of n meeting Of the male mcnbers of the
church in regular standing, and tlIu~e who IHy
- IeT annTm for the support Of the pastor Oi
the church. and the majority Of the meeting may
dcpD-e from Office AMI fl vacancies ~ they -lEill
please, bat the seven trustees shall all De- chosen
from the church members in regular standing,
and from thee who contribute To- the SUPPORT of
the pastor ~ before mentioned, but a majority
must be- church meinbcrs. The trustee. may
adopt regulations for their guidance, IT they do
not conflict with this charter and the laws 81 the
kingdom.
The Rev. Mr.. R0well t%estifc<. that he las been
connected with this church over Ia YEAR. and
that difficulties had ari-cn in the church in Feb
Tuary and March, lSGJ. vt this time there
were vacancies in the buard of trustees. y meet
ing wa- callei for tie election Of trustees ON the
2 It'll OF April following, aIEl ut this meeting five
new trustees were elected. Two of the trustees
named in the charter were removed, and two
elected To- til the vacancy two elected o" SUPPLY
tis. places Of ttOec absent. and one IN plicc OT -
member dce,a-ci. Kauai and kaehu were the
trustees removed, AMI they are defendants III this
suit.
This election WIS made by a resolution. \
demand was then nldc 81 Kauai, one Of tie de-
f~cndkInts, and a trustee named IN tire charter
Tor the keys Of the church, which he refused
To deliver. soon after, notice was issued 10y
the said Kauai fer n meeting 81 the male MEM
hers Of the church in regular standing, Tor the
puTIaee II eleetinS five trustees. vt tins meet
Ing there was n very large ATTENDANCE, and n
moderator nominated by Kauai was ncgatiycd
by n large InajIrity, vhercupOn DR. Smith,
the Gentleman named a. moderator, callGl uIJu
N61 49, 80 $500 -
anil elect trustees. Mr.. RDwcll called
On the cbuuh members to remain, wl1 organ
izel q meeting AMI passed u resolution ~ritiiyins
the election Of trustees Of tire 18th of April
fearing lest these meetings were not regular AMI
the election 0r the trustees by them Illegal, All
election was held ON tile 9th Of july enSu-
Ing. \ Committee Or the church was appointed
To- make n list inDIn the records Of tile church. of
the male members IN regular standing, AMI t.Nec
who contributed the sum Of 81 for tlsc SUPPORT Of
the pastor. According To- tle usage of this church,
tlsI-e nanIc- standing on the rc,Ird without ccnsuTe
arr the members in regular standing. In pur-
suance Of tliis rule, y list WIS made from the
records Of the church, beginning with it, cstab-
lishment in lS2j.
The meeting assembled ON the 9th Of July, in
Of the notice. and PASSED a resolution
the election of trustees made On the
Of April. There were IL persons present,
and the vote was taken by yeas and nays, and
IaS.ed unanimously.
Mr.. ROwell has had the custody Of the church
records since he took charge of the church and
society a. n Missionary Of the American Bard.
lie SAYS : il has been the practice To- admit mcm-
hers by n committee Of the church, consisting of
the pastor and lunas, or deacOns.' lie further
says, I. that the pastor acts with such trustworthy
NJ he chooses in connection with the
icacon-.' Members were examined and admit
tel by n vote Of the committee and entered rs
ON tile church records.
IL appears further in evidence, 10y the testimony
Df Mr.. I;Owell. that he had resigned as pastor Of
the church Of Waime.I in consequence of certain
charges made against him by the Ecclesiastical
Association Of Kauai, of which be had formerly
been n member, although not ut this time. Us hc
received resolutions excluding him. lie says:
= There are y few ON our roll of members who
have not been baptized have not heard Of such n
practice elsewhere" IL appears further, that ON
the 2Ist Of May, the pGstOr Of the Waimca church,
mi hi- luma- or dcacDns, received -Emc "a or yO
.vzxu ,uf. a.. ehunsr.b, Nr K.vgaI .nvz 80 lI..
iii not examine them. dill not question them, as
tO their faith AMI practice; We do not always
question sometimes give advice instead. None
u these ~ or 30 were On the last who voted Ou
the 9th Of July, ! think M Iersuns were admit
icd To- the church irOm July. lSG2 To April. lSGJ,
when > were reviewed from other ciurrhss and
by letter prior To- l>G2: had admitted
without baptism had not disciplined
INV during this pcripd, but lnd restored some.
Had not admittci members during tiEit time la
auSe the admission had hc,Umc q formal ccTc-
n0uy. anil too much relied upon. anil ! thought
& advisable to suspend the usual ordinance. |
.t-Vcnded, also, keeping tbc recUrd- III the church,
celebrating thu Lords SapIcT, did INST perform
bat should nJt lave refused IT IcTsJn-
aI heru presented
IL appears that charges lsad Lccu made against
VIZ. EOwcil, anil notice was sent To- him by a
COMMITTEES that the Association would ct 1t Wal
nea On liz ca-e. lie dgrliued e. aIIeaT. Tie
tetipn Of the Association Wa taken on hs cUn-
cssiou. anil n copy Or tie resolutions II tic Eecle-
Association d~pn~iug him. were delivered
s him. lie then RESIGNED fT n I%.ri.sl, anil
.ea~c,l To- at a. a pastor. hut subsequently, hc
the dutirs II pastor Mt the request. a. hc
avs. 81 tie Church.
By the charter the trustees arr elected and
removed Nv members II the church IN regular
tandins. AMI tbasc whp Iay - Icr annum for
lie support IT the pastor. and thc question Is
IL j. proved satisfactorily. that those
Who atteused the mcyting On the 9TH IF July,
mi voted wcr~ such. IL tie ease II Parker ~.
,lays and OtteT-. > Cushing, Chief Justice
shaw says. That the church j. q voluntary ~
consisting Ur the whole or -pmc Part 81
he members It the society. united tpsrthcr Nv