The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-08-04

siOeI6U an 1fTGDardDlG INJURY III IH'
legal sense. A man may own five
estates worth 100000 each, excep
the fifth, which may only be
worth $4,000, and he has the
right to come into C0ur5 and allege
an irreparable injury to the fifth.
An irreparable iujnry is confined TO
that which is estimated, and may be,
in the main. small. 1t is that which
threatens to destroy or render value
less to the owner something which he
| possesses, whether an heirloom or an
/ estate, and has no reference to the
rest Of his possessions, or what is
modified to them. An irreparable in
/ jury may be such, either directly or
/ indirectly. If the direct and immedi-
/ ate consequence be to destroy the es-
/ tate or interest, It Is directly irrepara-
BILE. Ii such that a court or
| jury, although recognizing its
existence still. could not ae-
curately fix the amount Of the
| damage inflicted; that il is directly
irreparable. The right here involved,
is the right to continue to be min
ister of the Gospel in the Episcopal
Church as a pastor of Christ Church,
in receipt Of the salary and emolu-
ments of that position. It is no
pecuniary injury that man should be
cut off from the profession or business
with which he is connected, even sup
posing that he can 60 abroad and con-
meet himself with another Church.
But the question is not so simple as
that under the canon of the Church.
If the Court depose or indefinitely
suspend him, he is absolutely cut off
from all the Churches Of the same
denomination In the land. He
cannot oficiate either IN this country
or probably in England. He cannot
fill the position or pursue the career
for which he has been especially pre-
pared by years of education, and
adapted by experience and ability. 1t
Is, so far as temporal rights are con-
cerned, much as If his arms were !
clipped off or his brain paralyzed by |
this Court.
The Judge concluded by saying: |
feel that 1t has been made my duty to |
interfere in this case, and that the rules |
under which [ do so have been laid |
down long years ago by the sages |
Of the law. 1t has been a painful |
case - ono [ would gladly have |
avoided. 1t has been my pleasure to |
have been a vestryman IN the Epis |
copal Church, and it Is with regret |
that | find myself committed to act In /
this matter; but whatever the conse-
quences, | feel that it IS not my duty |
to shrink from it. l have gone thus
far into the Irregularities Of the
Court in question toward the canons
of the Church, IN order that, I
if the advisers of the Episcopal
authority In this case should think
there is another trial, some Of the
objections raised may be sustained. |
a Court declining to be examined as
to whether it has committed Itself in
regard to the guilt or innocence
of the accused, or giving him due
warning Of its course of procedure is
so manilestly unjust that [ must ex-
press my astonishment that four or
five gentlemen of intelligence should
be found In this diocese who would
take this action. Not a similar tri-
bunal has existed, nor none been
guilty of such injustice since the days
of Scroggs and Jeferies.
The attorneys on both sides OF the
case had consultation Immediately
after the opinion had been rendered,
and the counsel for the Bishop re-
quested leave to file an amended bill
before the Supreme Court at the Sep
tember term. The Supreme Court
will not reach decision before Jan
uaTy next.
Vice President Colfax and party
will leave this city at AN. to-mor-
row, for the Pacific Coast. This party
consists of Mr.. Colfax and wife. Miss
Wade, sister Of Mrs. Colfax; Lieut.
Governor Bross, Miss Jessie Bross,
Mrs. Calhoun, of the New York 1ri-
5upe. They will be joined at Cheyenne
by Samuel Bowles and wife, who are
now In Denver. They go in one of
Pulman's most magnificent cars. The
party will be absent two or three
months, and during their absence
they will visit Yosemite Valley, the
Geysers, Puget's Sound, Oregon, Col
umbia River, Idaho, SC.
The Mayor and a portion Of the
Chicago Commercial Excursion party |
reached here this afternoon, and are /
we'll pleased with their trip.