Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1880-12-22

sSSih W feier " Out ouS cuurcu euinct'
Some Of the incongruities may be found in
the following sections: There shall be a
board of trustees of the said congregation
equivalent OF corroratIon) which shall con-
sist of 6 members, aud who shall
have been at least one year pew holder or
proportiorate supporter of the church afore-
said (whichl Presbyterian generally, OIL
Mifintown or Lost Creek) before he shall
be elecred. S9-That the power of the
board of trustees shall extend only to the
tempOralities of the church equivalent OF
corporation) in renting ard selling the pews
collecting the pew rents and when dues oi
the church equivalent of corporation)
keeping the place of worship and burying
ground in repairs, (there were two, which y
providing for and paving the debt of the
church equivalent Of corporation) fixing
and paving the salary of the minister, clerk
and sexton (there was one minister, two
clerks, and two sextons) S lS and Is ex'
hibIt q like indeiiniteness as to from the
desk or pulpit of which church the notice
therein required to be given, shall be given
These inconsistencies or crudities art
probably the result of this particular char
ter having been copied by layman from
some former charter, or from a form for
such, not comprising two church edifices
with separately worshirping congregations.
&9-Also provides, s'but they (the trus,
tees) shall have no power to ALLEVIATE or lei
of ground, on which it (,he school house,
may be built now or hereafter claimed by
the congregation (corporation), or dispose
of the money for any other use than that
for which it wGs originally intended, IrifhoHl
the consent Of flco-thTds OF the congregation
(corporation) convened agreeably to public
notice." Suppose these corporatOrs-for
this is the charter speaking-did convene
agreably to pubic notice and Of the con-
gregation did authorize the trustees to dis
pose of the money Of the corporation, pro-
that which may rspr,sen it, for some other
use than that originally intended, the act
would be alfra rores and void, because IL
would not only be yiolative OF the original
grant, but also in conflict with 4 of the
charter itself, requiring revenues TO be APP
iroprlated according TO the will or intention
Of the donors, and hence the power I'M
pliedly conferred by the concluding clause
of 9 is imperative. Brendel VS.. Ger.
Rif. Cong, 9 Casey, 42l +; Brown VS.. Hum
mel, 6 Barr, 81; Plymouth VS.. jackson,
Harris, Al
5 9-fur,her provides, 'That the power Of
the board of trustees shall apply only to
the temporalities of the church." Chapter
NV, OF the Presbyterian form of gov
ernmeut authorizes congregations to sub
scribe call for pastor by the trustees.
The calling of pastor does not belong to
the temporal or civil side of a church, but
to the spiritual or ecclesiastical side. The
calling of minister is as much a part of
the worship as the appointment of an or
ganist or choir. Walnut street Presbyte-
rian church case, Brewster, -a6; -, :
p Philadelphia, so. The terms of this char
ter would seem TO estop the trustees % the
corporation from exercising the ecciesias
teal act of signing the call for pastor, per
mitied them by Form of Government, chap
ter Y, 5 I. However We find this corpora
tion placing its own construction on this
clause of the charter, and to tbs effect that
the power conferred upon the trustees by
the charter was only auxiliary to their pre-
vions enthusiastically conferred powers.
The minute book of the corporation trus-
tees, page 2O0-testimo page i0-re-
cords that a congregational meeting, held
in MifIiintowG 26;h March, lSf5-Lost Creek
participating by delegates-for the purpose
of electing a pastor The first called after
the incorporation in 1907, as pastor, was
Rev. John Hutchinson, who was pastor
rrior to the Incorporation, and continued in
1T r, istion until his death, November /,
Isa4-a, which meeting Rev. Matthew Ali
son was unanin,, ,usly eicGted, and by reso-
luton the trustees welG authorized to sign
the call.
These statements respecting this U1aFter
which Attorney General Mlhlon DSkenson
most likely 'sperused and examined"-by
proxy-are only made previously TO consid-
ering the agreement made that but one min
lister of the two congregations as a charter
requisite.
9 of charter provides, "That the power
of the board of trustees shall extend
TO fixing and paying the salary of the
minister - and this is the only refer
ence made to a minister in that particular
instrument. Can it be taken TO mean that
this incorporated congregation, 90 worship
ping separately in two church edifices eight
miles apart" shall never be permitted to
have but one minister, and thereby as abro-
eating VIII of chapter Y, of Presbyterian
Form of Government, which provides,
''The Presbytery has power to unite
or divide congregations, at the request of
ltoplt- vi W TtCtNt ItN CDI-
gregations >" The Master is of the
opinion that it does not so mean, because
with the election, calling, installation and
ministratlons Of pastor the corporation
has nothing TO do; its duty was simply to
fix and pay the salary of the minister to and
of any future minister or ministers that the
proper ecclesiastical authorities, having
jurisdiction and acting in a constitutional
manner, might supply in furtherance of the
trust, that by no possible system OF con-
struction can that clause of s be taken as
meaning that Presbytery shall not have
power to '.diyide," Tor that then the char
ter would again be at war with its own re-
quirements and purposes as expressed in
=, and that, in addition, it would attempt
a thing the civil law would not permit it TO
accomplish. Brunell VS.. Riff Cong. 8 Ca
sey, 4lS; McGinnis VS.. Watson, Wright,
9. 2 provides who were at that time, and