The Portland daily press., 1880-12-09
An Important Decision.


the corporate powers of the trus
tees of a church, has Just beer
rendered by the Law Court of Maine. 1t is il
the case of William H. Bailey VS.. the trustees
of the Methodist Episcopal Church of Free
port The Revised Statutes, Chap 12, Sec
10, provide "That the church wardens ol
Episcopal churches, the stewards or trustees Of
the Methodist Episcopal church, and the dea
cons of all other Protestant churches are so fa1
corporations as to take in succession all grants
and donations of personal and real estate,
made to their churches, or to them and their
SUCCESSORS
The principal facts in Ithe above case are as
follows In 1874 Rev. N. d. Centre. the pas
tor in charge of the Methodist Episcopal
Church at Freeport, and George Brewer one
of the trustees of said church, without any
special authority or power from their church
undertook to build Westinghouse for the
use of the NJ E. Church in Freeport. They
purchased lot of land for the purpose, taking
deed in their own name, but which they sub.
sequently conveyed to the trustees; bought
materials hired laborers to work on the build
lug, and went along until they had exhausted
all the funds they could raise, and in the
mean time had contracted more or less debts
they had no means of paving. Among other
creditors was the plaintiff, to whom they owed
several hundred dollars for lumber put into
said building.
the M. E. Church of Freeport, and declared
against them as corporation, made so by the
statutes already cited.
The defendants plead 1st-That the con-
tract was between Centre and Brewer and the
plaintiff, and not between him and the trus-
and do hvx< + AZ.
plaintiff they had exceeded their corporate au-
thority, and were not liable
The case was tried before Judge Bonney of
the Superior Court without the intervention of
jury, who ruled as matter of law that the lde-
PENDANTS as corporation had legal right to
contract church debts and erect meeting
house and gave judgment for the plaintiff.
To his rulings in matters of law the defend
ants excepted, and carried the case to the Law
Court.
It now comes back Exceptions sustained, )"
with the following rescript:
/. "By the provisions of r. S.. chap l2. sec, 10.
the trustees of the M E. Church are SO far corpo-
ration as to take in succession all grants and do
nations of real aud personal estate made to their
churches, or to them and their successors.
2. Such a corporation has no authority to create
q debt for the erection of meeting house
3: Any contract made by such a corporation for
materials which entered into the construction of
meeting house is ultra CireS and cannot be enforced
against it,
The opinion, which embodies "a learned and
elaborate discussion of the whole question was
drawn by Justice Virgin, and it is understood
was concurred in by all the other members of
the court.
This decision is an important one:
First-From the fact that it isDthe first re-
ported opinion of the kind that has been
given by any law court in New England.
Second-Because it directly, or indirectly,
affects the interests of all Protestant churches
whose property is held in trust under the pro-
visions of said statute.
Third-It will hereafter be rule for the
government of officers entrusted with church
property and its management; and
Fourth-It will be wholesome check upon
the wild schemes of impracticable men, who
too often, without such restraints, involve
themselves and their associates in financial
embarrassments, and bring discord and ruin to
the churches they represent.
H. G. Sleeper, Esq. of Freeport, was coun-
sell for the plaintiff, and Hon. John j. Perry of
Portland, for defendants