, 1873-02-28

-: :.:.::.= .. 81. =:..1lS
arose another cause Of difficulty Of similar char
n anc Hy hTad1ng had formerly been an aesis
ts 70 BE- fss q o csaasS had
Gil praying that 1hs Rev. Holding be allowed to ad-
Iinstsr th6 communion rrrv1co e such non1,ers as
petition in the Council several members OF that boiy
voted eaIinstit, Ert fnnr deacona voted for it. .Da-
ipg al tnr5e eyents petersen Was the regular pssr Of
tae cAnScn, and in the performance Of tho duties Of
ehic!oes tendeIe Vefa followed + taei- I natursi 1i
e and na this th1s "a. ~ foewed las pob1
Ilos aao coaatsrpots Accordingly tho hrst .stap
w,s tat e. ~ lo1 e January ls6 se:g Of the
Ut afRosSa 9ss5a:
Pesrsen to the pres.lent'of tho Augustana Synod,
' On the 9th Of April, 1866: fifty Of; theyoting
!nemotra q the CHURCH nsle written request upon
he sonare$.on on the 18th of that month 70 con.
slider tho QUESTION Of lc itrawa1 q the church from
!ss 92, So md nSe Ct s ssng w
h vote Of I45 to so the church formally withdrew
from the s5nod: Aferthis, the 24th Of Arzi, tho
i trial Ct the Rev.. Dir. Peterson, concluding On
same month ith *s2snfe sG5 tha5 aa
fo 4se ministry ministry ID o a Churches 'Hfs bangiag
o1t On the day tho then dcacons Of the church
convened aud resolved that nasr,uch as tho church
Ind Previously from The Synod, it's prohir
htin Of the Rev. r. Peterson officiating pastor Of
any church belonging to that Synod hau no effect as
ddece Il The farness Of lie snod Of tno justice Of til
SENTENCE resolved 'that they would have the ho1c
matter reviewed by smother synodt Consequently, on
THE 9th OF Ju1s saIne year, It was resolved by the
church to !anpy for:ndmtssion into the Norwegian
Evangelical Lutheran Synod in America" -. Pur-
son and u status Of the enurah y
B1tel In the Norwegian Synod. 'Hew1s u1onsrated
from the ehaFg and himself and church duly admit
herea to Rev. Mr. Psserron continued tie
and and to worship IL " same church, utter ;the
ael easisue ssa% as of tAufsna a asas aHa Il
the church aud al further connection with ttswor
tinung to- absent themselves from public worship,
thar brought before the regularly constituted
t. os o. i r. m
names should be stricken out and they be excluded
from membership Of the church Afterwards and on
held 1neaing 1t which plaintiffs IN error, who had
been exconmunicated from the. church were elected
admitted into possession of the o1ce hle their I'LL
of complaints u the M Superior Courts q Chicago on
Court proceeded to examine tho arguments, and the
following the CONCLUSIONS reached: In respect to
the character in which Plaintiffs sued They sued as
il theif own light ia il behs 81 lie PERSONS heiel
59c n IS sS he
scrption Of heirch.saoter, not equivalent 10 the
words, in their own individual rights" but when
h te 1ha eonss s muss Ds
Hare tho Court cites tho case Of North Baptist Church
Parker IS Baib p. III, and eaya: In this ease It
held t1tt the persons Ginning to have been elected
to tho Office Of trustees OF religious coFporntion the
title to the oce bcng disputed aud who hsse not oh.
tanned actual possession Of the records md property
tho corporation aud whore right to the office has not
been determined by competent authority, have no
sht ,h It, TO- nst o tI,ses ., he IN
posBeaion Of the property of such corporation nnd T.
Was further held TINT in suit in the name and behalf
Of the the title TO- the Office of trustees of
said cannot be put in ISSUE Or itigoted
and determined. Taa Court Says further: II they
had sned !; i ght upon
tire gnton corld haye been disposed Of upon plea
settins up their previous ezusloa m from the Whu5sa
this, and assuming that tue plaintiffs sued In their n-
5ss dSt ss e aez
havp failed to make out case on the ground Of d.
parurn from tho purposes Of the trust: The Church
has ever been aincs,tits Withdrawal from the
Evangelical Lutheran Church as # was at the
time of the coayeyanse of the property to T. There
te Augustana Synod and .ha retention Of Pastor
against him. ars Unable 70 pereeys now the st
Withdrawal should opezate as aperyc1sion, and afford
ground Of FORFEITURE The psr ef the majority
I've
property conyayed -but to the Northern Illinois
Synod. II the relation is ndissolub1c then the Church
had COMPLETE 7ee a3iaienes, sefsoye1nng in char
acter, before united with any Synod. It might have
eont3nued on sst bsgsn without Icing connected VII
tanned doctrines, tenets, md symbols ofthe I.
Church. it would haVa been entitled to be re-
{nsea !. 90 son'
.toi use the: trust property free from
the cause delivered by learned and reverend gentle
men Of the Lutheran IN to the
clear preponderance q evidence n fayoE Of the yewa
of the de1endsdt; and by which views tleir action
jority Of tie ehureh; 10 The effect that under such
connection that with the Augustana Synod, 1t was
s D sbS e as os to e
s'sas u s:2sa tnss Sa Pss
the theory. Hthsrefore ths majority had the right
to sever their connection with thb Augustans Synod
;at 5ss9 IL a ss Ss1 sszs n
thnt synod, would not affect Ills church, which aid
not belong to it. Upon the 11o1c case are Of the
opinion that the decree Of tia below diminishing
the bill shopld be affirmed. i.
:. -::-ii DEFAMATION or CHARACTER j. ::'
>. Rosalia: Reinhardt estimates the damageto her
character by being reported = woman OF loose
character, to her's husband and neighbors; by
William; ,Haisch,. whom: she commenced. suit
against for that amount yesterday in the Circuit
Court at 81 ,o0O. The plaintiff ayers that she
has always been chaste and afectionate- wife;
that she has been held in great regard and
esteem on that account, and for her wifely quail 1
ties both by her husband and her neighbors (; i
and that, without any justification whhtever,
Haiseh spread the report among her friends and
acquaintance that she: :was a woman Of bad
character. pretending that he could prove it
wAeaeTer called upon to do~.so; whereby
Sne of thooe e9oa hsr
fallen into contempt with. her dearest friends. 1
She damages for her soiled reputation;
not thatthe amount ia any indication OF the
valuo thereof; but in order to teach the yilider
that ecandalmopging is an Amusement OF too
costly character I'd be freely indulged in.
T., JUDGE GARY AND THE JURY LAW. q -s'
The Jury in the Shaw. and Howell case, yeeter-.
day afternoon, having Terminated their labors
foT the term, vera duly discharged By His Honor,
and proceeded to the Clerks Office to receive
their mileage. =.
practice: since the decision 6 the Circuit Court
Judges, and vas about to'nake ont the certif-