Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1886-03-10
Mennonite Church Case.

. Dicut5 AZ bLS4A Olii III equity W NJ. i
September term, 1884, VS.. Josepl
, Graybill, Samuel Oberholtzer, am
, Reuben Lauver of the Haldemar
congregation.
An answer was filed, and Alfred J
Patterson was appointed Master il
Chancery. Andrew II. Dill, L. L
Atkinson and George Jacobs, repre-
sented the cOmplainants, and Jere
miah Lyons, the respondents.
A large amount OF testimony wa:
taken, and the Master after argu'
ment filed his opinion dismissing the
bill.
! Exceptions were fled and the case
was elaDoratelv argued and the Court,
Barnett, Justice, delivered the opin
ion, which is here given, affirming the
Masters report.
Per Cariam
On the 5th day of April 1914 &
deed was executed to john Shelly,
Isaac Lands and Samuel Myers and
their successors, trustees, of the
Mennonite church, worshiping at tine
Graybill church, for one hundred
ana thirth four and three tenth
perches of land situate in Greenwood
township, Juniata County. They
were to have and to hold the same
Ito and for the use of the Mennonite
congregation worshiping at the Gray
bill church. Tins church edifice
mad been erected long before the
date Of this deed. 1t was but writ
ten evidence of title which had long
previously existed. On the-3rd day
of March 1866 deed was executed
in favor OF Jacob Pile, Peter Gray
bill and Jacob Grsybill, Trustees
elected ana appointed by the Men
monte denomination known as Lei
ters congregation, and John Kurtz,
John @. Graybill and Abraham Wi
ney, trustees elected and appointed
by the Mennonite denomination
known as Halteman congregation
equally for one hundred and sixty
perches of land adjoining the former
tract. 1t was conveyed (inter ALA
for the purpose and use of the
church or meeting house of the said
two congregations of Mennonites and
their successors equally, ''and the
said two congregations shall occupy
said house alternately for public wor
ship and have equal privileges of the
same" A new brick church was
erected in 1868, principally on the
first mentioned lot and partly on the
second, at the joint, though unequal,
expense of both congregations. From
the terms Of the grants, the lands
were conveyed for the use OF congre
cations of the Mennonite Denomins-
tions. There is but one such denom-
ination and there were two congrega
tons of that faith worshiping in this
edifce. Juniata county is terTitori-
ally within the jurisdiction Of the
Lancaster Conference. This Confer
ence is the superior ecclesiastical body
having authority to ordain and de-
pose Mennonite ministers within its
bounds. Solomon Graybill and
Thomas Graybill had been by this
Conference deposed from the minis
try. They had thenceforth no right
to preach in Mennonite churches.
The custodian of the key refused to
! open this Mennonite church to these
deposed Mennonites. In 30 doing
he acted in harmony with the Lam
caster Conference. He denied no
demand which these plaintiffs were
legally entitled to make. And We are
unable to see how equity can aid
them to open a church to other than
those having right to its use. The
Conference deposed the ministers,
the ministers are not here complain
ing, we cannot IN q collateral way re
verse the judgement of the ecclesias-
teal court and open church doors for
the exercise of function which it has
prohibited.
But it is contended that the Lei
ter Congregation is not subordinate
to the Lancaster Conference. If not,
then what standing have the plaintiffs
in court They are and propose to
be Mennonites. But the Mennonites
of Juniata County are subject to the
Jurisdiction of that Conference. Are
they the Letter Congregation? The
msjority of that congregation united
some years ago with the Halteman
Some had died, some had moved
away, and some had joined othel
churches. ''The time that Solomon
and Thomas Graybills' ministry was
revoked, says Bishop Brubaker, 50
read titles and made the announce
ment that there Letter was NJ
Congregation" If this declaration
OF the ecclesiastical court was
Ineffective for the alleged wan
of Jurisdiction, erth lie 8 s
is there in point of fact any Leite
Congregation? In the United State
3 by congregations is meant the mem
bers of a particular church who NEE
in one place of worship"-Bowvier'
Law Dict. sub Uerb. Especially an as
semblage of persons net to worship
God or for religious instruction
4 Webster's Dict But for more thai
ten years no such assemblage as tn
!. Letter congregation had met any
where, either for worship or religion
: instruction. During all that tim
there was neither preacher, elder