, 1870-12-25


A. nta The noy Christmas blr.h.
be thle, coed friends, cur cxEol stt1l:
e e Sss Rssse q 20 een saIs; Fl peace On e.ra
PEaEoR1NE PICKLE.
A AFFINITY CHURCH CASE,
Important Decfalon-DeutnI Of n
MOTION TO appoint n Receiver.
:, FSon IL Sfx York Tribune, De-. Fl,
IN tne snn brought Eeat ago By lrossbeck
aEAinht William F. Dunsconb and Morgan L
Dix; Of the Trinity. Church Corporation. IN
appucatlon was made BY the ,pliintin to have
corporate property Of Trinity Church. He
naeed Ills night 10 bring the action upon bis
bstpg Eucceeeor Of the coTpor4tors Of the
eotpotatien; upon his being OF rel;gt3us ten.
ets agreeing with those Of certain persons
vho TeTc rome 150 re.1s ainco Wardens audi
yestrymen Of tho corporation; upou his Will
irEness to preach in tho patish church, and do
whatsoever may be necessary and proper 10
secure hie ftShta III c2rporAtor; and unon his
having tsken sacrament in chapel of said
CHURCH. The complaint sets up that the de-
PENDANTS have departed from The Protestant
Ing the trust funds from the purposea Of the
louIders: and alleges that ealary ,s paid
Tar preaching biasphamies; aud that tue iu-
como OF the corporation il very largely in ex-
cess Ct i.a clastor (7so0, 900 per year)
ne cefeacanta interposed demurrer coz
the complaint that thera is defect iu parties
defendant. in tho oplasion Of tho corporation
t1etein larasu, to wit: ' The Rector sud iu-
hAhitantE OF the City OF New York in com.
manlon OF Tie Church Of Englaad as by law
ant does not state facts sufficient to conali-
tute cause OF action.
Judge McCunn Yesterday delivered an opiu-
ION denying the application for Fecs.ycr.
and su.talciag the demurrer in all its parts,
lhe following IL an abstract Of the opinion,
which is Very long and exhaustive:
1t IL sought by this action to take away the
property Of this church and corporation. It
viii be seen by the complaint that the outy de-
!endants named in the suit are Mr. Morgan
D11, ono OF the c1orgy Of the Trinity Church
corporation, and Wu. E, Dnnscomb, Esq,
ono OF The counsel to sad corporation. Tho
corporation Ia not made party, and vet the
plaintiff seeks to take from It III rropertv xnd
put the same into the bands Of reosiYers.
EmphEt Eticaljy this ca1uot be duue without tho
corporation being afas heard, after having
would he to sue two Of the directors OF ! rtil.
road company individually, and seek, In Tint
action, TO have receiver appointed to tkke
Charge Of al!'tho affair." OF ths Toad: OF for one
Of two ccstui CUE trusts to sae for tha remov-
que trusts.
As 10 first ground Of the demurrer viz,
t!ht tbs defect OF parties il tho omission OF
corporation, The Rector and Inhabitants Of
ne lily o. New York in communion Of tl,n
Church OF England, rs by ls* estahIi=heI,~-
this il the corporate nar'e OF the curpor.tiou.
xceeFdlnK to The language Of the complaint,
~ that this defect appeArinS upon its face,
the Grst ground Ut demurrer is well taken.
as TO the second ground. that the complaint
does not statc fscts sufficient to to constitute
a rAr NJ uo&t $t.n nJlr
defendants have departed from the Protest.
art faith aud haptism was. suppose, inteud-
ed to sustain the charge OF tho diversion OF
the trust cstate from the design Of tho orig
ln4l cerporatora. Now, ii tho object OF the
feundere OF Trinity Church was to suppress
that to adhere 10 the Protestant faith and
1'Iotcstant form Of baptism is not at
al necessary for that purpose. In regard
to the allegation that the incouo OF
this corporation is reE largely in the az
ver Is simple-thih Court c.nnot provide a
remedy. Application In such csso must bo
made to the Attorney General. The plsintis.s
allegation Is to his right to bring this sction
~ very bad pleading. because be does not 1t.
tempt to chow how hr bocamn ; corporator or
soccetscE Of 4 eorpczator. Is 10 bis Will
have no doubt whatever. Nay, more. il
anta Willingness were good cause OF cou-
p'aint. or il such coadcsceusion on tho mr.,
Of plaintiff conld b. mado the basis fes-
good count upon thich to sustain An actin,
there are many Of tho clergy in the different
willingly coudescrnd in like manner to rreach
In Trinity Church. Indeed. an aRraid II
such were the case, and tl4ia Court tsd Iuri.-
clction over tho subjec.-mAtter, there xnnld
10 no end OF actions against tho corporation.
Apart f!on th!s, however, he does not state
f. Htt l..
t'shs to preach in Trinity Caursh. OF that de-
fendants had any power either to ret,nit or
prevent him from 90 preaching.
fitindn clams that because rart of tha
enafef declares that any person who has par
t1Esn OF tho Holy Communion within one year
shan O. entitled 10 vote, Ard "a he entered
ea.d church as stranger, and not 4 mBuher
OF eaid communion. and formally par,ook OF
tie communion in Trinity Chapel without sur
preNonA probation CT preparation, and githnut
Tue ptlest conscn1inE OF even know7ng who he
"as: That, consequently, he fs enhslea to vote
y t1e election 81 ofhcsra.- this would oe an
ODD dectrnein indeed. That a stranger. aem-
Der OF an entirely different rn!igious persut-
f!on. cAn vote, is eimply ptepoaterpua. With
ING tane pforr1ety eau resident Of PhilAdel-
ph'a- strange : bad man, indeed m allen to
tue county. come 10 this city. register his
s'tlon IL TOO absu.d for serious entertain
nent. What il meant by this section Of the
amended charter above cited ia eluaplv this.
IhAt any juet and good man who hid rrop-
cfly prepared limtelf for The Holy Co,r--
mnr.on, AID Who had been duly and property
accepted by the rector into the church "a a
true aud good commandment, could vote It the
Election for the of5ce1e OF said church, and
have all The rights and benefits soc1uipc from
the corporation. 1t did rot naean. md cannot
=! any tortured form Of construction mean,
tbat any adTentufe<, for the purpose Of caue-
iue litigation and for the express purpose OF
acqnirrs wealth, could euteE auch church and
VickedIy 80 through tie form OF com
Eauaion 2:d be called \ 1utmbeT, and that for
the purpose. As il would seeu from the COM
PAINT, Of I3rasslng i:s ossAnization. Coula
folly Ct H,ckedness contriye scheme of er{.-
ltua! intolerance more woundlng to the sefai-
; biiiies Of any religious people, and mora to
be repu0lAted bF the generous p:iucinles OF
eU1 tree iIstitatiots! The p!aintin does not
eaJ be is An Episc7paliAn or ) member Of the
but that be fs "a Protestant, \ Tsiuisarian.
And be1iaver in the doctrines OF the Cbris-
tsan Communion A. established At tue Synpd
Of Dott. aud that he belongs to The Dutch Re
formed Church
Am ea.ieied that the p1.iuti1-a notiocs A.
to his rights and reuedies are Eild. yision.rr1
and absurd; and l shink will bs doing IN al
Of great kindness to him in iiauissfnc the
complaint altogether. Az to The ouesueu Of
costs a1d A11oExrcee, ! think nv oroper oourse
WI % 10 pnt tdeieooaots 10 their remedy by
however. that think, ~ the amouut c1aimed
TO b. involved Is very large, iho allosaoco
should Be In proportion, 60 that those who 60
to Law With this corporation, or any other per-
son or eerro.a:ion: III ZEE At once that Aey
nave II least p1oe9ble canse OF ACTION. aud
OF this kind, they will be compelled At lea.t to
Jay for Aueh litigation.
Popular EecEfnE in RuAstR-Thc 81.
A-cscrAourEh AddreAa TO the Cxnr.