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

OF chapter of the Form of Government,
TO divide the congregation of Midlintown
and Lost Greek, so that instead of having
one congregation upon the rolls of Presby-
tery, they have been recorded there as two,
the Master now proceeds to dispose of the
questions raised by the plaintiffs in the 9th
section of the Bill of Equity: As to want
of due previous notice of division, or sub
sequent legal citation contrary to
the Constitution and laws of the Presbyte-
rian Church.
div ision:
Ist The Master refers to the facts from
.fnie. pages Q. 10, II, II, ID, IA, Is, 10.
End. The Form of Government requires
no previous notice, neither do the rules for
iuaicatures and from an examination OF
Moore's Digest the Master has been unable
to find that any of the ecclesiastical judca-
tories have established any rule requiring
notice to be given of proposed uniting,
dividing or forming of new congregations.
The TACT of no notice being required may
be because these powera are vested by the
fundamental law in Presbytery, a constitu-
ent part of which is one pastor and one
ruling elder from each congregation within
its iurisdiction-the Masters ecclesiastical
reason for McAuley's appeal, q Smith,
would seem not 10 allow it as a legal reason,
but We can only consider il in its legal as
pect il the rights of property or civil rights
generally b. entrenched upon. The case
/ at bar shows more than the semblance Of
| legal notice required, and also, thus far,
the cxc.usiveness Of matter strictly
church pOlity beyond the jurisdiction of
the civil courts, of McAuley's Appeal, as
well as that Presbytery has acted within the
scope Of its authority. Kerr's Appeal, 8
| Norris, 81.
3rd. Objection is made that Prosbytery
appointed a committee TO establish a separ-
ate and independent church organization at
Mifliintown," and that the committee diyi-
ded the congregation, an act different in
character from that which they were ap-
pointed to perform. The Master thinks this
objection TO he without merit. The COM
mttee established church organization at
Miifiiptown separate from and independent
OF Lost Creek. no matter what the process.
Here the Master desires to call attention
specially 10 VIII of chapter y of Form Of
Government. The clause under considera-
tion reads, " to unite or divide cOngrega-
tions, at the request of the people" or to
form or receive new congregations. This
organic law. altered and amended from
time to tine. BY the ablest and most expe-
Iienced Iatellects in the church, therefore
we must conclude that il contains nothing
supertiuous, but that some motive Of
strength and reason of weight cOunseled
the incorporation OF every sentence; and we
must take the words, ..unite," ''diyide, /"
sand form or receive new" rs each having
a substantially different Specification, and
contemplating different phases of action.
This is the Masters construction. The
PreSbytery may, at the request of the peo-
pie. RRife two congregations, worshipping
apart (as in the adjacent town) each having
a separate pastor, when in the judgment Of
Presbytery either is too weak TO stand alone.
(2) Presbytery may, likewise, at the re-
quest of the people, divide two congrega-
tions worshipping in church edItceS situate
apart as in adjacent towns, under the JOINT
pastor, when. in the judgment OF Presby-
terv, the welfare OF the churches demands
it," (3) Presbytery may form new con-
gregatIOu where none existed before, as in
a new community or where a congregation
becomes two large, and oyertows. (4)
Presbytery may receive new congregation,
rs from another Presbytery, or one former
ly acting in connection with 4 different de-
nomination.
A circumstance precedent to union or di-
vision at the reqGcs; of the people, Moore 5
Digest, page la, pl. 50, specially required
by the organic law, and the request of a
M ioriy is sufficient, MoOre's Digest, plge
l13. pl. 80. and this is in restraint of Pres
bytery's pnwer. No such preceding cir
cunstauc is specially stated to apply in the
matter of forming or receiving new coBgre-
cations. as common sense teaches that in
the nature Of the thing voluntary presen-
tatiOn or request necessarily precedes re-
ceiving and in the matter OF an Oyer-iull
Uonarrqa atiOn. the absence Of the resirainin z
clause gives an eHn0bhng ana iuGvpondon
power, but. when exercised, il il lnteriereS
with property rights the civil courts can in
teriere as in McAuley's Appeals. Then
the action OF this committee Oi PreSbytery
in dividing, was cons;itutiOnaily correct,
.ind not IN cOnfilct with or excess OF the
duty and power committed to them 10 es-
tablish "a separate and independent church
organization at Niliiintown." Had il been,
the confirmation Of the committees action
by PTe>lytrry cCred the defect.
IL. As TO subsequent legal citarion. If
Lost Creek were not served with such by
the church judicatories, in the light Of the
facts, what matter It's object would BE- to
give notice ani enable attendance at the
rroUer time and place. Lost Creek was
represented and heard in Presbytery prior
10 confirmation of the report OF the COM
mittee tina; made division. Lost Greek aP-
pealed from the action Of Prvsbytery 70
SYNOD, was represented and heard there.
after the constitutional method. Finally
Lost Creek a, pealed from the affFmance of
synod to the General Assembly, was there
represented and heard, and that body ap-
proved the action OF the inferior Indicator
les. If subsequent legal citation was ne
crSsagy, should il not have been directed to
the appeals before the Church Courts
III. As to action of these church judica-
tories being contrary to the laws and the
constitution of the church. Presbytery
confirmed the report for the committee
making division; this action was affirmed
by the Synod of Harrisburg the General
Assembly decreed their actions to be right,
and the result is binding on the civil courts.
,'ntter on Corp, 5S2; Watson VS.. Jones,
t2 Vi = lace, 619.
The 9Th section Of plaintiffs bill also al
leges that thi- division by the Huntingdon
Presbytery, and the erection OF separate
and independent Presbyterian congresa-
ton at Mitfiintown "was in VIOLATION oi
chartered rights" This is On alleg,'tion'
which. if the chartered rights are permIs-
sibie in. law, and sustained, brings the mat
ter within the jurisdiction of the civil
courts, and they say interfere TO prev ent or
redress the injury.
/. There is allegation of a schism here
of andOning doctrinal faith or tenets, that
would make forfeiture of property rights,
under the trust, as 10 the schiSmatics, as in
Schoss's Appeals, IL P. f. Smith, lS}, and
Roshi's Appeals, l9 id, 4i2. But on the
contrary, all parties are still adhering to the
Presby tcrian faith and form of worship.
If. Upon the part of those complained of
there is no refusal 10 follow any ecclesias
teal rules, customs or law as determined by
the church judicatories but on the con-
Al. "A L