The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-10
CHURCH AND STATE.
Ero,,1 fbe NJ Y 7r;,,ea

4
Another step has been taken in the Cheney
case at chicago. Judge Jameson has refused
to dissolve the injunction he Iatelv issned
against the Ecclesiastical Court ENGAGED in
trying Mr. Cheney for omittinp the ritual
lsuc word regeneration from the baptismal
service
The victory thus far in this famous suit is
W.T. Cheneys 1t Is victory, however, won
OUTSIDE OF ms Church organization rather
than within it-a technical and legal triumph.
not doctrinal or ritualistic one What the
rector of Christ's Church has accomplished is
to show to the satisfaction of a secular court
that his ecclesiastical judges did not in the
trial follow the rules and canons of their own
Church. That, by taking exceptions on these
points, and carrying them to a civil tribunal
for determination, Mr.. Cheney would gain
his case, has long been probable; but
the informalities and errors of
Bishop Whitehouse's court are of
very little general interest compared with
the broader question whether the clergy of
the Protestant Episcopal Church are hence
forth to use as much and as little of the pre-
scribed forms of worship and pre-
scribed forms of administering the sacra-
ments as may suit their conscientious con-
victions' OF their individual convenience.
We are aware that difference of opinion
exists regarding the importance, and indeed
one party viewing the Church chiefly as
school for discipline and instruction in the
Christian life, and the opposite extreme
valuing it mainly as a voluntary association
Of persons who have been justified by faith,
so that to the one class formulas of worship
may seem very binding and sacred, which to
the latter might appear chiefly ''made to
break" The main question in Mr.. Cheney's
case, however, is. as we have said, not neces-
g
clesiastical despOtism:' but whether minis
ter of that church should revise, on his indi-
vidual authority, the Book of Common Prayer
for public use in his parish
Nevertheless as the decision of the Supe-
rior Court shows this main question has not
been decided What has been decided is not
that Mr.. Cheney did not disobey the rules of
his Church in matter OF substance, but that
Bishop Whitehouse and the Ecclesiastical
Court disobeyed them in matters of form.
Judge Jameson has a good reputation for
legal ability. He laid down very bluntly the
doctrine that in the United States any reli-
gious society whatever stands before the law
as a mere voluntary association, like base
ball club, lyceum or an organization for the
construction and operation of a railroad. -
How, then does the civil court get iurisdic-
ton over this case? Because material interests
of the petitioner are involved in it-namely
his salary of $500 per year, and the rental of
his parsonage and, having thus acquired, as
the Court holds it did, authority in the pre-
misses, and fnding-in a clear violation of the
Church canon committed by Bishop Whit e.
house in his proceedings in converting the
ecclesiastical judges-good cause for enjoin-
ing the latter against taking away the petit
toners living, the injunction was served.
But whether ''regenerate' be or be not
equivalent to ''born anew" in the baptismal
service; and whether because it is or is not so
equivalent, it shall therefore be read or omit
ted at the discretion of the minister; and
whether ''liturgical revision" is to be secured
on Bishop McIlvaines plan of a convention,
or on Mr.. Cheneys plan of each rector ''re-
vising' to suit himself-these, which are the
main points of the controversy, are no nearer
settlement than ever. The case goes up to
the Supreme Court in January