The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-04-18
ST. CLEMENTS.

Privileges, Immunities, ETC., That Do
Not Belong TO Them.
This morning the following Conformation"
was filed in the Office of the Prothonotary of the
Supreme Court of this State. 1t explains the
st. Clements Church trouble thoroughly. We
In the supreme Court for the Eastern District Of
Pennsylvania, of July term. ls7l.
ton of Walter II. Tlden, Charles B. Stewart j.
Douglass Brown, Charles B. Sloan, John Huggard,
not, samuel kitchie, Francis d. Wetherill, Michael
Arnold, Jr, and William s. Johnston, vs.. John
Henry Henderson, Henry Norris, George N. Ailen,,
Henry @. Thompson, James Dougherty, Charles 8.
Pancoast Francis r. Abbott, Edward Borhek, and
j. Franklin Cooper.
Suggestion for the prit Of Quo WarrGnto.
State Of Pennsylvania, city and county Of Phila-
delphia:-1. Walter II. rfden, Charles b. Stewart,
gard, William A. Rolin, Henry N. Barnes, Elias L.
Boudinot, Samuel Richie, Francis Wetheril,
Michael Arnold, Jr., and William s. Johnston, cit-
Of the city ana county of State aforesaid who
for the said Commonwealth in this behalf, come
@ d1e Re Ss r TO- ne awe 0 az aoe
formed that John Lambert (and others following as
above-REr;l, who are also citizens Of the said
do exercise within the city, county, and stnte
privileges liberties Offices and franchises of the
vestry OF "the rector, church wardens, and vesry-
men Of st. Clements Church, in the city of Phils-
delpha;" that 'the rector, church wardens and
vestrymen OF st. Clements Church, in the city of
Philadelphia" is corporation duly organized and
Incorporated agreeably to the provisions OF the act
Of the General Assembly OF Pennsylvania, entitled,
ian act to confess on certain associations Of the
citizens OF this Commonwealth the power and i'm
munites of corporations bodies polite IN law"
approved 9th April, 179l), as will adpear by the fol-
Then follows the charter, the fifth article of
which is as follows:-
The rector of this church shall be elected by the
Church Wardens and Vestrymen, in such manner
as the statutes and bylaws shall ordain."
'"The vestry Of the said church shall consist Of
twelve persons, members OF said church, who shall
continue in office for year, and until others be
chosen; and the election Of such vestry shall be
made every year, on Easter Monday by a majority
Of such members of the said church as shall appear
by The vestry books to have paid two
the time Of such elections, for pew or sitting in
saia church; provided, that until the next Easter
Monday, after the expiration OF FIVE years from the
date of this charter 1855, members Of the said
church who shall in any way have contributed to
the erection Of the church or to the support Of the
rector or ministers thereof shall be entitled to vote
at the election Of vestrymen and, provided that in
case Of the failure to elect vestrymen that day,
the corporation shall not that account be divided
but the election shall be holden some other day.
in such manner as the bylaws may prescribe. y
Q. That at the regular annual election for the
vestry of the said church, which was held on Easter
Monday at the place required Ito wit, 10th of April,
1Sl1), there were &c persons who voted, and whose
votes were received by John p. Brock and Henry G.
Thompson the judges Of the said election. or those
who voted, persons, to wit, q. w. Hunter, @. s
PsncoasG Henry S. Lowber, and j. A. McCrea,
whose votes were cast for John Lambert and those
herenbefore named with him, were not in accord
ance with the provisions OF the said church duly
qualified to vote at tue said election, and their votes
were @ u9laWiay received 6y the Judge Of the cleo
made to the said judges, by duly qualified
persons to the reception of the votes Of three of the
four persons before mentioned, on the ground that
the said three persons were not members of the
church. That, In addition to the thirty-six persons
church, to wit:~Rev. II. q. patterson, the rector:
Rev. William II. N. Stewart, the assistant minister
Freeman, and Thomas G. Folwell, who were duly
qualified to vote at the said election in accordance
with the provisions Of the said charter; that they
sought to vote for the REALTORS to be yestrymen for
the term hereinafter mentioned but their votes wer
rejected by the said judges OF the election.
3. That of the 36 persons who voted aforesaid
there were only 80 members of the said church who
were, in accordance with the provisions OF the said
charter, duly qualified to vote at the said election;
that of the said 80 members OF the said church
qualified to vote as aforesaid, 10 members voted for
John ambert and those hereinbefore mentioned
with him to be vestrymen, and II members or the
said 80 voted for the election of the REALTORS to
as yestrymen Of the said corporation for the year
reiators then still being members OF the church
aforesaid, and duly qualified for the office OF said
vestry by the terms Of the charter aforesaid
A. That the seventeen voters aforesaid were a
majority Of the members OF the said church who
pplS two M Successive Years immedately precedns
| Easter Monday, 1871, for pew or sitting in the
said church. who, being so qualified, did vote at the
said eecton and by the votes OF the said seventeen
members aforesaid the REALTORS became and were
in due and regular form of law, and by the terms OF
the said charter elected as the vestry OF the copo
ration aforesaid, to serve from Easter Monday 1s7l
| to Easter Monday, 1872.
8. But, notwithstanding the premises and the said
election OF the reators to be the vestry of the said
corporation aforesaid the said judges of the elec
tion rejected the votes OF the members aforesaid,
added the votes Of the unqualified persons before
mentioned to those OF the 15 qualified voters, and
| thereupon wrongfully decided that John Lambert
| and those hereinbefore mentioned with him were
elected to be vestrymen for the period aforesaid and
| the said judges caused John Lambert and those
hereinbefore mentioned with him to be notified &C &C
said john Lambert ct al, have during
all the time since the said Easter Monday, 1871
used and still do the rights privileges, liberties
otices and franchises OF the vestry OF the Church
OF the said corporation, to wit .the rector church
the city OF Philadelphia" and during the said tmt
| have usurped and do usurp upon the REALTORS ant
the commonwealth therein, TO the great damage anC
prejudice of the constitution and laws thereof anC
TO the great damage and prejudice TO the relators.
Whereupon the said relators for the said Common
| wealth do make suggestion and complaint OF th
| premises, and pray the due process Of law agans
the said John Lambert (and those hereinbefore men
toned with him) in this behalf, to be made TO answe
| to the said Commonwealth by what warrant the
claim TO have and enjoy the rights, privileges beT
| ties, oftices, and franchises Aforesaid (Signed)
| waiter II. Tilden, Charles B. stewart, ). Dougla
BrowD, Charles =; Sloan, John Hnggard, William
A; Rolin, Henry n, Barnes, Elias L: Boudinot, S
Ritchie, j. D. Wetherin, NJ. Arnold, Jr., VIM. s
Johnston.
Upon this information" 9he writ of quo aoar
| rdnto was issued, made returnable on the frs
day of May.
The counsel for the relators, or those i
whose behalf the writ is issued, are William b
Robbins, E. H. Hanson, and William 8. Price
The counsel for the present vestry will be Georg
M. ConaIroe' George w. Biddle, and Edwar
Thus the great case goes into Court.
|
EMANUEL P. K. CHURCH. The members G
the Emanuel Protestant Episcopal Church. q
Marlborough street, above Girard avenue, hav
IL a. Ill rt..r.