Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-02-16
The Ascension Church vestry.

THE LEGAL QUESTION OF THE POWERS OF THE
VEsTRr DISCUSSED WITHOUT RESULT.
The meeting OF the vestry OF the
Church OF the Ascension last evening
was occupied with the consideration Of
the question at issue between the vestry
and the rector, arising from the request
of the former for his resignation and the refusal
of the rector TO comply with this request. The
powers OF the vestry and the rector; the major
ity OF the vestry claiming that under the Mary
land law that body had the absolute right to
terminate the relations of the rector with the
parish whenever they decided TO do. The
other side argued that the contract was an un-
limited one and that IL could not be terminated
without the consent OF both parties. AZ
there are some lawyers in the vestry
the discussion OF the Maryland law and the
thereto was purely legal and exhibited consid.
cradle difference of opinion. One of the mem.
bers who had voted with the majority, in q
brief which he read reached the conclusion that
the vestry had not the power 10 terminate the
contract, and his conclusions were regarded a.
placing him with the minority, SO that the
vestry would now stand three TO four, instead
OF five TO two, upon this question. One of the
resolutions opposed by tn, the majority provided
rector on the 18th Of March next at " hich time,
il the rector did not resign, the dos rs OF the
church would be closed against him. No FACTION
was taken upon this resolution or any other
pertaining to the questions at issue, and after
a rather prolonged meeting the yestry ad.
again be considered.
THE SITUATION is NOW,
that the majority consider that they can act
upon the matter without consulting either the
bishop or the people, but the question whether
they will do SO has been postponed for future
action. The minority party do not propose To
make any opposition, as for instance an appeal
To the courts, and il the majority force the mat
ter to an issue even to the extent OF closing the
church, they will offer active opposition.
They propose TO wait until the Easter election,
which occurs In April, when the pewholders
will meet for the purpose OF holding the am
ton will then be presented TO the
meeting In the form OF election OF .
vestry. II the pewholders endorse the resolu-
ton adopted asking for Dr. Elliotts resignation,
the old vestry will be reelected; IL, however,
they come 10 an opposite conclusion, a new
vestry will be elected which will be in bar
mony with the rector.
The members OF the vestry on the question Of
q change In the rectorship, as Indicated by the
vote on the resolution requesting Dr. Elliotts
resignation, stand as follows: In favor OF the
resolution, N. w. Burchell, III. T. Davis, A. j.
Falls, Henry Wise Garnett and c. c. Duncan
son. Opposed to the resolution, Jas. n Mccain
mon and A. 3. Pratt Mr.. w. w. Corcoran,
who is u member Of the vestry has not attended
any OF the meetings when this matter was con-
sid.red, and has not voted One Of the mem-
bers who voted for the resolution Is OF the opin
ION that the vestry have not the power %
phase OF tine question u regarded as being with
A MEDICAL STUDENT ARREsrEp.-Defectfuo