The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-27

need not multiply authorities as said in nay opinion
m ss y & &sEa in Pe
pie vs. Cook Barb before the & SSrreme % O9uEt % OF New
Appeals. U Sc See seid g.
% aS RSs RS OK S
be the es de S@s of the pSen .s0 Sa & los sss puE
vsstTy not but q toto and BY all the analosies
about the duties Of his Office Indeed in one case re.
SeSd SasTS or s %
his bensse this shall bind but the deed Of who
in lime Of yscAtics wtnOst election presentation, is
7HS Bsd IS Bank 3 II YG R. m the
OuT 0 nSon thai & tine d 1eo title Of an officer de-
void only voidable, but whether the officer has
Rnt h R
law applied not only to public but also to private officers
point clearly satisfies me that as to third
Of de 5aeo officers are valid though the Gannet by
an officer de aco Claiming for an act done y himself
RiSdie 90. Of Bedford, is; & p, Sss. NOA
Vernon s.: mn 6gSsn, Ss. Sasta1s tie view s6sy
though for hereafter be stated it neoos
y G sS tf to t s6e' the Ve
We thus brought to the consideration of the last
porSnt but the most doat one to decide this saso
Can rector be dismissed without his consent by virtue
virtue of canonca law laws whatever Of binding
States OF in the Disocess Of PennsyVania at this
cGntne our investigation rgidy to the sources OF
beyond them If the resoetons Of dismissal are to be
the civil or oan99os laws specified All else is ultra
Looking now to the charter and bylaws Of the church.
fnd power vested in the yestrg to oect rector See
his dismissal ihs charter and bylaws are silent
in S nd Aw ss aG h M &c. %s
determined that the power of amotoR did not pass by
be expressly spSsed in the select body BY the charter
the right Of ' eleStiOn ton: %coGf on GOrP Si note to
Even if the vestry under R: VS. Doncaster Barnard.
nov now sts t and Wilcox very Observes that in
Poraop by sn9 must pc shown
bylaw If there is special provision the subject in
the Whole bodg 5s King Mayor Bug
Lyme Drug m @ SIS aSs SsSs a. aSG b tna &
be shown to exist We think that beyond doubt the re-
being beyond the delegated by the charter and
Here we might pause and for the purposes of this
found final order upon he view we take OF the power
with the consent Of the bishop may dissolve connection
concurrence of the eccesastic authority OF the diocese
viii simply 60 one step fGItheE because the question
they yahdg If it must be because of some
this diocese of the power which viii give validity
this action OF the vesty must be contained the Con
canons Of Church England for Hgnt upon this sub
but BECAUSE as cRef Justice BeaseIy remarked the
English lay ahough somewhat modified by
Constitutes the substantial basis of the law controlling the
These canons by the peculiar nature of the
be mo-
whei en any priest has been condemned without hear
alter much I 5 long period & Of
date finally concentrated ana became the great chatter
Of the Church. the ge Of acton and he bond
power such claimed in this granted terms
the canons of the Church large or of this diocese
The sa9ons Of the D9csse of PennsylyaDa have been
the subject so that the only canon now in exsence
stitated or seteo in parish or church be dismissed by
such parish church without the of the
shall have right OF representation in the convention
the convention may require but the minister shall retain
his right TO seat in the convention subject to the ap
"And minister shall leave his congregation against
Authority aforesaid and he shall leave bis
against their will without such concurrence, he shall not
be allowed TO take his seat in convention of this
Church be eligible church or parish until he
authority of the diocese shall require"
second section Of this canon provides that record
that dissolution noGTeRular or canonca shall be sub
This canon shall not be obligatory dioceses with
whose or shaTteTs % %Sy @ %
toore cited page sO7 that applies to nothing
exist without other disagreement between the par
1t may further declared that provision is made for
the of minister VINO refuses to consent to dissolu
tion if the minister shall leave without the same,
Pens 6 loUTs breh laW Which in case Ike tbs
prescrbes duty be performed oense and
fnd under II IL canon 2 section l. of DisSPline
r ed, and on being found guilty. may be admonished
Is the refusal to consent to dissolution an offense
the meaning Of Gs5S9 y II So the %
expose any presbyter virtual suspension degrade
ton when and the officials OF the church eecesiasti
lacked either the evidence both to make
usn sfe S Spp to these
dants 70 the present most able eloquent and WORTHY
however to test the true meaning OF this canon and 1T
II we try the proceedings OF the vestry by another
standard we will ind their action Altogether
presbyer be tried for certain ofenses. This
Can be p1ss6le that any minister may be summar
Shall the civil law guarantees to the humbles citizen
ter OF the Protestant Episcopal Church be denied rgh
The Standing Committee of the diocese of New Yor
did not SO think in June, Is g. they acted upon
cation then made with the facts and reasons wnc
it was grounded had been served upon tne mnlster'
back Ro as uns 1874 d think tSeS
to meet Dr, Ogdens case see Hofma9s Law of tn
oanons & T this day even in civil esur With t6eT
great weightI mean Bishop White not SO believe
case questioned its principle the ground that her
should pe no ssysGanSe oT @soopdue Memo
the Church, l9 and supposed TO have been written
In the "omce of Institution of Ministers find in th
form the 'etter OF institution, which bishop may
the rubrics send by one OF ms pesDytets VINO ne m a
appoint the institution the i9o wing signneant Sc,
your eog5egston ss to separation and OF
bishop, with the advice Of onr presbyte are 70 be O.
ultimate arbiter and judge" How unless by hearlF
present. hour no man or en sar esn 0e Condemned Agn
But we must 60 one step further and endeayor prov
that without speeS a. 35 % IN ys
pursuance thereof the tenure by which presbyer in th
Protestant Episcopal church holds his rectorshp 10
: | % uncert