The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-27
FIRST EDITION
st. Clements Church.
Decision of the Court.
The VeStry Wrong
Or. BatteFson Sustained
An Injunction Granted.
The Vestry Wrong,
An Injunction Granted.


the application for injunction to restrain the
yestry of ST. Clements Church from dismissing the
rector and his assistant
We approach the consideration Of this case with an
IN It questions of real difficulty involving the consider
body OF influential and respected Christians and qUes
SP the dearest % ss pTobs Of
ant Episcopal Church in this diocese and prop
questions mean, if possible, to be right in con
to that may elsewhere ''-'i10',Oa
body exists IN county known as he Rector Church
& g on the
he ELECTION OF he vestr shall I Be made every year on
ooFdng tG the charter the time therein specified
Sne @ a d IN he r0r te t c
That writ allowed by Of the tGe Of that court
writ test Of the election OF defend
On the Sd day May ls7i meeting Of certain persons
ADOPTED & a
assistant reGtoF or gth I The Of the
an s1 S Of nS % the b Ra Rsy 5g Rat on s the
vens Bishop 81 the Diocese OF Pennsgvania conquered
has the mot eeS submitted o @ or oTE Of 5
tended that the rector or his assistants had notice
had hearing trial opportunity for explanation T6e
It IS admitted by adsyits fled on behalf Of the de-
rector his assistant and Mr. Lewis renters of
or Sheg S5 0 % the or hns d sw 9ou
asked to give relief in three forms-
trst. TO adjndge and decree that plaintiffs men,
Second To the defendants from dissoving the
congregaon, and ntermeddling taking any ac,
I9 bS nerg % @ SGs s or their AGENTS Or
from interfering in any with the rector and his
regular and canonea dissolution takes place
which there to be disputed for
sde.atOn three important questiGns of law in dsposng
presented, and thus decide this oause:-,
equity urisdicon and il so are these proper parties be-
second Can vestry de faco act, supposing such ac
ton to be in other respects San9noa S e
under and by virtue of the charter and bylaws OF this
tesSnt Episcopal Church in the diocese Of PennsyyauS
oof the Protestant Episcopal Church of the United
PDss be
terfere in matters coGHeote6 Snsa with dIp2es T
SGRse''' SHfs ho%eveP Fisaps % 50
% p6%s she word d
authority The beth RSs 9 Of
ton and in PenhsyIvsna cases McGnnis
decided PRINCIPLES which preclude further dis
and " With 5 the he Pis Ps % y 6SF as cap h qSa S We qS S6
only at the civil the entered into be
Ses on
between the parties P give birth to
GRisa Sf saas hs Sontsnded bs
rpsS1 for Service S no Sed ehsT party dssGse
XIX VS. SopaSf Ha taas F. S. p o. is not dened
doubt the right of rector at law to bring an action
church that doctrine clearly main
PnSn S Tnd SiUs s
and to be found reported ~ american @ an Law hsegs
that With the facts beiors sqt at law would Be
and by virtue laws Of the Protestant Epsco
the 1ss 81 the Sare eRd as dh
rented and stngs who have made ts Of its
1aF s be sgS T. o%myer Vs. Gne
by action for damages merely The rector
to be paid be under the charter of
S2 6Ose vSsS y h ar
purpose OF Almighty God sSSording TO the dait
the uniied States Of America" fhe charter being
Eestry held under and by virtue that
which in terms adopts the constitution canOns doctrne
Church in this diocese and in the United States and ac
Mutual rights and obligations were thereqpop created
as sacred As any kn 70 & SSads T - hssY D a
be inflicted upon the plaintiffs in this bill; :, A..
ONCE OF institution II is enough for my present pSrpos
%srden or the member Of the vestry delivered key
the church to TIE new ne ass1 ssS ann ,1d n az
fnowIedEe you the Rey A. b. priest and rector 20
BY Article Of the Constitution Of tue Church, amon
otber Rts ana Ceremonies OF the Church. estsoiishe
bY the G,neral GonyeItons shall be used in the Pre-
tract and the canon Of the Church, person become
ceye aaSr IL ne EN- may OF @ % S pe IN 5 & ~
there, in hat place, wit the church building, he ha
the right administer the acraments there TO soemnz
the marriage service there 60 perform the duties neiden
TO the pubic worship OF Almighty God.
More thin this, other rights, canonlcaly
sd & S pr bs psrsh or Mh
psroehial without his consent Tit l, Canon ~
III of Digest of the Cauons quite concur with Chie
ce Besy in S the 6 %Ss @ by s IN IN noS ss
title may rede If the congregation has the use OF Tn
building t rector must OF necessity nave the rgnt
have possession building but that he may OF Eigh
perform mis- uies there in that place and not elsewhere
unless at hswn option III those are the rights OF IN
rector, pEhiOner who is renter or pew and COZ
sant atendnt the church, who good faith believe
the doetrnes)f the church. and submits to its govern
ment has thequable right to the services OF the ret
church within this particular parish or paroch
until suc servicesaT dispensed with by compeer
authority. o.,
argue thabecause civil conf exists ior the pa
ment OF ythere ore IN caseo dispute the tecI
is turned eclusvey to court OF law Tor dsmages
to the whole policy of the law 70 per M
under color of asontract, breach, possible breach
sacred pofae this court would be obliged TO wtns
the utter destruon Of the dearest rights, under u
charter and the Church, OF rector and paris
toner's without poer TO afford equitable relief -,
Will not 50 'dninster the Law. Will as chAhcsli
take jurisdeton equity and having the parties ana
within will treat the argument
favor of mere acton law against the Jurisdlct
as OF he earth, earhy-it must therefore perish
Having na'sposea our first proposition we prooeeu
Can yestry de 1aO act, supposng such action to be
other respects canOncaE
We speak Of yests deJaoo, because it IS not deni
their office has been Ad is contested and that the 50
pending and is undetermined: IAN ofhee- dc fa'
is who has the rentation OF Deng the oHeeE ne
Parker Ksib Id. iaYmOnd, 65s; King Corp.
Bedford, Fast S6s O he is who actually perforI
claim and color Of appointment OF election; he is n