Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1884-01-11
Aa,,rasfer fntelligenrfr.
YRlDAY EVENING, JAN. IL. iss4.
How 10 End II.

The now famous case Of Nolde ct al.
VI. Maiden ct al. Is dispute between
rival boards OF claimant trustees for the
control OF the remnant of property In the
possession OF the decrepit society Of
Seven Day Baptists at Ephrata. II has
bern dragging itself through our courts
for several years, got to the door Of the
supreme court In 1882 and was kicked
out In 1888. One set of the contestants
claim constituency of 10 members Of
the society, the other IL, though the
regularity of some Of these latter is i'm
peached on the ground that the preacher
who baptized them into the sect was not
orthodox and authorized. 1t can easily be
seen upon what narrow lines these rights
divide and how stubborn men, more
concerned about the worldly than the
spiritual interests of religious associa'
tion, one party with Its property In hand
aud the other lighting for control of 1t,
could wage interminable litigation over
the issues thus involved. But 1t is not
the policy of the law that litigation
should be eternal. However nasty this
church quarrel and contemplate the
stake in it, the parties to it are entitled
somehow TO final judgment, and it is not
entirely the fault of the civil law that
they do not obtain it. The Judge Pat
terson trustees being in possession of the
property, he granted and made perma.
nent an injunction against the Judge
Livingston trustees, from which the
president judge very naturally dissented,
whereupon the supreme court on an ap.
peal decided that in view of the divided
court below the decree was void, and
there was nothing before it to discuss
or decide. When it came on for further
argument in the lower court, Judges
Livingston aud Patterson divided as
before and there the case remains, tied
up as before, and likely to remain so
until death, a new judicial election or g
returning respect for the law and re
gard for the rights Of suitors on the part
of the court, intervene to unlock the deaC
lock.
In the capacity of mutual friend the
INTELLIGENCER only renews the sug
gestions of the supreme court itself tC
our equally esteemed, but not always
fraternal judges, when we recommend
them to take the easy and honorable
way out of their difficulty to which the
supreme court points them when it says
aft the learned judges below cannot
agree upon proper decree they have
the power to call upon Judge from
another district to decide The case fol
them" To be sure, this would be 9
serious reflection on their own sense Of
judicial propriety las 1t would be graceful
and entirely proper for either to yield
his pride of opinion to allow decree To
be entered 50 as to admit of the supreme
court reaching the merits of the case
but as neither shows any disposition TO
do this the plan to invite judicial
referee from some other district is the
only practicable one, and there should
b. TO delay in resorting to it.
There are some very excellent neigh
boring judges TO whom this service
might be committed. Judge Livingston
would, OF course, object to Judge Clay
ton, of Delaware countysand Judge Pat
terson would not propose a member G
the Dauphin county court neitte
might incline to the Berks count
judges, as being too nearly of the vicir
age of the case but Judge Wickes G
Judge Gibson, Of York, Judge Futile
of Chester, OF that bright aud brainy ne
judge, Arnold, Of Philadelphia, woul
be just the man to clear the judicia
track here of the distractions pile
upon it by the collision of an irresstib
force with an immovable body.