The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1871-06-29
Decision Of Judge Rothrock in the
York Prairie Church Case.

This Is proceeding in Quo lVarranto
in which the plaintiffs claim that on
the 7th day Of March, 1871, they were
legally elected Truetees Of the New
York Presbyterian Church." and that
the defendants are unlawfully holding
said offices; that they (the defts) pretend
that they have been elected thereto. but
that the meeting at which they were
elected was held in violation Of law, and
that they hold the same by virtue Of the
votes of persons who had no right to
vote for trustees of said Corporation.
The plaintiffs pray that the defendants
may by order of this Court be ousted
from said offices. and the plaintiffs en-
powered to hold the same.
The Defendants in their answer deny
generally that they are guilty Of unlaw-
fully exercising or u>urping the said
Offices
The question to be determined is.
were the plaintiffs legally elected. and
are the defendants usurping the offices
to the exclusion ofp'aintiffs
If the plaintiff. were not legally elect
ed they have no standing in Court, and
can not maintain this action, however
illegally the defendants may be act
ing.
Both prfHs and de'ts claim to have
been elected ut meeting held on the 7
day of March, 1871, at 2 O'Clock p. NJ
No objection is made to the time or
manner o. calling the election,
In determining tho case, the impor-
tant inquiry Is, what are tho qualiffca-
tions necessary to entitle persons to
vote at ali election oftrustsss?
The testimony shows that on the 18th
day Of March, 1867. certain persons in
corporated themselves under the name
and style Of the "Presbyterian Congrc-
CATION Of New York" The object of
said Corporation is set out in the arti-
cles to be, "To build, preserve and keep
in proper order Presbyterian Church
in which We may worship Almighty
God"
Article provides that "All persons
over the age Of fourteen years who
attend worship and contribute to the
support Of the gospel as preached In the
church built by this Corporation shall
have the right to vote, &c"
The objec: Of the incorporators was to
build, preserve and keep in order a
Presbyterian Church," and not 4
church OF any other denomination. and
1t 10 my opinion that "ths gospel as
preached in the church built by the
Corporation" means the gospel as
preached by that den Omination OF chris
tians known as Presb vterian. Any
other construction OF Article 7 would
lead to inextricable confusion and diff
Guilty. What one person regards as the
gospel another may not. The only way
to solve this question is to stand by the
Articles Of Incorporation, keeping in
| view the object as therein express
| cd
1t Is true that of the s., 800 necessary
to build the church, very large part
| was contributed by persons who were
not then no. are not now members Of
the Pres. church. Indeed, it Is pretty
evident that but for the defendants and
those who sympathiss with them, the
church would not have been built. 1t
may seem unjust to deny such persons
mem bership in the Corporation and
prohibit them from any share In the
contro! of the church property.
A complete answer to this Is that this
question must be determined by con-
struction of the Articles Of Incorpora,
ton. BY these Articles all must be
| bound.
And further, they are not necessa-
rily precluded from having a voice in
the control of the property. 1t is not
necessary to entitle a person to vote
| that he should he a member OF the Pres
byterian Church, or even in sympathy
with its reli ious teachiuys All that
is required is that he attend Worship
and contribute to the support of the Cos.
pei as preached in the church. BY thi.
| is meant such persons as usually attend
worship 1t cannot be required tina,
persons should always be present. Ant
by contributing to the support of the
gospel is meant not merely occasion a
contributions oe nominal sums at the
taking up Of collections. but the contri
buttons should be in some amount more
than nominal to the support Of the
preaching. This is all that is required
and as all churches in this country are
supported by voluntary contributions
and open their doors and invite the
world to come and hear the Gospel as
expounded by their teachers, no one
should be prevented from attending
service or from contributing to the sup
port of the Gospel.
This rule. it may be said, may be the
means of taking the control Of this
church building away from the Prcsby
terrain denomination and putting it into
the hands of those who have no sympa
thy with it. If so, it cannot be avoided
1t is the only fair construction that car
be given to Article : of the Articles O
Incorporation.
Applying those rules to what IL called
the "two elections" were the plaintiff
legally elected.
The defendants claim that under thi!
rule Of construction, large number o
those who voted for them were lega
voters, and the plaintiffs concede that
! some or : were entitled to vote. TIL,