The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-05-15
FIRST EDITION
LEGAL TNTELLrGENCE.
CHURCH LITIGATION.
Is Music Part of Religious Service ?
walnut st. Presbyterian Church.
Court Of Common Pleas.

Pierce, J-Ths is church organized, in the language
God according to the usages and forms OF the Presbyterian
Church Several amendmens have been proposed to its
proposed fourth amendment. The part of the amend
"The said trustees shall have power to appoint an
organst Subject to the approval Of the session. sexton
interests convenience OF the corporatonand to pay their
The eHcsPtiOns filed are are as follSys;n -o
gous worship the sanctuary should be sub
ect the control Of the Session Of the church and the
affairs of the corporation ought to have no voice in the
election OF one appointed to conduct the worship o.
sSeSsnt believes tq BIB be in with the
Second The anguageof the proposed amendment isob
Trustees an unlimited power Of appointment The Ian
guage employed Shall have power TO appoint any other
t specify what Offices the trustees may create and ill
it is also objectionable the ground that no check !;
placed on the cur G wha h s 6n hS may bind
"ThiTd The trustees under the FOREGOING clause claim
right its to introduce into said church paid choir which
Of Of Is P % The The Of said Church and
CATION and support Of this allegation the Court is re-
Of Of f. 5Sstsss Of an meeting
Extract from said minutes. -
Mr knight moved that it is the sense of this Board
reported by the nit at & % No
HSeconded by Mr.. Christian and carried
"Messrs. Davis and Fine voted in the negative,
he President here desired to enter his protest against
violation Of the organic law Of the Presbyterian Church.
The question raised by these exceptions is What the
relative and powers of trustees and church sessions
the usages and forms Of the Presbyterian church, This
SSes ssg e ChuT % as viii be und by
reference to the digest the acts and OF the
United States Of America,
Lord Jesus Christ that trustees 2E Or Sommittee
application of the public money raised by the said c9ngre
they leave in the hands and to the Of the
what 6 for G the Lords y table and the
have right to ST with ,go o P1e5sde SID over such rus
New W DRes page 1O 1T being moved to the Synod
a n @ b se to ] thew new
belong without the consent OF the majority OF said con
eret!"' eesis." Minutes u @ 1853, p, $50 sssM
was breGsS the of the General Assembly
committee appointed for the nd R Of bo Book Of
mended to the of the churches New Digest, pp 582
subject has received further her SCP from
hs s GRST sf G
in 1873 The form Of & sHS o e feGS Sr
Church known the New School and Old School
In isiS in reply to an overture from the Synod Gin
cnnat the subject of instrumental music, the follow
WiereGs, BY our Constitution Forn of Government,
w. Section a the whole internal arrangement Church.
worship and ORDER is committed to the minister and
RssOird That this Assembly do not feel themselves
subeet but leave to each Session the delicate and inn
of oT and h g,
great caution prudence and forbearance in regard it.
an elder in the Presbyey Of Iowa asking the Assembly to
define the rights the ne ad Te eommee 70 ns
that the petitioner be Il f9s SHsTeT T to
Church Session consists of the pastor or pastors and
ruling elders of particular congregation Form of Gov,
Form Of Gov chap o. Sec above referred to-
spiritual of the congregation for which pu
pose they have to INQUIRE into the knowledge and
before them offenders and witnesses being members of
where may be necessary bring the process issue
and when they can be 70 70 receive
exclude from the those who are found to de-
the spiritual interests Of the congregation and to appoint
delegates to the higher judcatoTies OF the Church"
is follows viz The proportion on Of the time Of public
eyery minister but It is recommended that more time be
allowed ioF this excellent % part of divine service than has
It will be perceived from these standards of authority
of the congregation including the public worship is com
mitted to the minister and church session
grega0p and the custody Of the Church to the
f6e object 81 the association Of the Walnut Street
Church. set forth in the charter is the worship of God
according to the nsSgsg & ana & Gr o 81 the
cribes who shall have control Of it, 1t is Presbyterian
church and to be governed in its worship by the
committed by the law Of the Church. to the minister and
cannot direct otherwise give trustees
control Affect the public worship in
o nn9 decaPed b b egf g
udcatory branch of the Church to be the
But it may be question whether the Church Session
for the purpose OF public worship which will bind the
the public Worship but whether expenses for that pur
pose be incurred without the consent of the Corpora
on the Trustees empowered for that purpose
decide The affairs of the Corporation provided by the
| o Illptu
and spiritual direction of the church. by the fundamental
Church Session Each body moves In its own sphere
Neither interfere with the other If particular mode of
the usages of the Presbyterian Church, be deemed de
srs9e the minister and session may horize and estab
mony with the views and wishes of the Church and
the n ase5ps and s
Session But If such expenses be incurred the
funds the church adequate their payment IL ond
be the duty of the Trustees apply them and
equity if the Trustees should refuse But this we
There is nothing in the fundamental law of the Presby
erian Church which requires that Trustees shall be
bers OF tne Ihey are such persons as the
they not In any sense part of the Church. and not
want of knowledge in selecting them, OF Immoral
lives To hold that such should govern and
element into the church that might prove its dsnegTa
on and destruction Sueha view is repugnant to com
| ship of the Supreme Being.
The law which govern the rights of members in
church organizations have been well settled by
| Religious societies may organize as independent
churches and then their law is found in their sepa
institutions or they may organize associate
rules and in those Of the associated organismMcGnnis
In general organizations of united churches the lazy of
the general organism is binding on all the individual
churches and even majority seeding lose all their rights
The majority control consistently with the laws of