Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-02-20

The legal questions arising from the resolu.
ton adopted by the vestry OF Ascension church
asking for the resignation of the rector and the
refusal of the latter to comply with this request
| are in some respects novel in this diocese, but
are of great interest to all Episcopalans. The
entire question at issue, Invested Of the per.
sonal element, rests upon the legal construction
| Of the laws as TO the powers OF the rector and
the vestry. At the last meeting of the vestry
| Mr.. A. ]. Falls presented brief upon this SUBJ
| ject.
MIR. FALLS STATEMENT OF THE LAW.
| Mr.. Falls brief is as follows
81 have given anxious thought to the above
matter, and after such research and examina.
ton as has been within my power, be-, leave to
submit in writing my conclusions as to the
competency of a vestry to remove IA rector
The vestry act OF Maryland, of 19S, among
other things provides that the vestry OF every
parish shall have full power and authority,
from time to time, to chose one or more minis
ters and agree and contract with such
ministers or minister for his or their
saiary and their choice and contract
stall be entered among the proceedings. Upon
the expiration OF Said contract Tie veslry may
at their discretion, renew their choice or make
new contract but ii they do not incline SO to
do. their former contract and choice shall re-
main until they declare their desire TO make a
new choice or contract ;"
This act prescribes the power by which the
rector may be called, and the following canon,
in connection with the act, prescribes their rem
ely IN case OF dIsagreemeuI:
Canon 4. (''Ot differences between ministers
and their congregations and OF the dissolution
OF the pastoral connection provides as follows:
"ln case OF Il controversy between any rector
or assistant minister OF any church parish,
ana the Vestry or congregation OF such church
or parish, which cannot be settled DIV them
selves, the parties. or either of them, NAV make
application TO The bishop OF the diocese, who
Shall thereupOn notify each OF the cOntesting
parties TO furnish him with the names of three
presbyters oil the diocese.
The bishop Shall then add to these the names
W n,1p,,
Der shall then be reduced to five by striking
OH the names alternately by each of the con-
testing parties. should either party refuse or
neglect to name three presby tiers, or to strike
from the list as aforesaid the bishop shall act
for the parties SO refusing or negeciing. And
In all Inc proceedings aforesaid the vestry or
congregation, as the case may be, shall be rep.
resented by some layman OF their number, duly
selected oy them for the purpose. Provided,
mat tie party, or parties, applying AS above
shall have first given the bishop satisfactory
assurance OF compliance with whatever may be
required OF them as the final issue of such pro-
ceedinSS"
There is, in my opinion, no conflict between
the above act and canon.
The former evidently CONTEMPLATED a case i'm
which "a controversy has arisen during the
term Oh some existing contractual relation be-
tween the rector and the vestry or congrega-
ton. This is case In which the rector has not
originally been employed for a distinct period
"such expressly denned) time as the vestry
mo of nepe is here bs
stance being the condition precedent to such
power as the vestry may have under the Mary
land statute.
The case therefore comes under the canon
above, that is, is one to the solution of which
we are to address ourselves more as Churchmen
than merely as citizens capable OF contracted
and bei-ig contracted with, and OF being bound
by contract, or per contra, of exacting them.
My conclusion Is, that if the vestry or the con-
gregation think lit to take steps looking to q
dissolution OF their relations with the rector
the first step is application to the
bishop.
DIFFERENCES OF OPINION.
While Mr.. Falls voted with the majority on
the resolutions requesting DR.. Elliotts resigna-
ton, yet in the conclusions reached in the
above brief upon the powers of the vestry he
expresses the views OF the minority. The latter
believe that the canon law is not inconsistent
with the Maryland statute, and where no term
Of service is specified the law and custom of the
church applies. The majority, however, hold
to the opinion that the vestry can abIOgate q
contract at any time without recourse TO any
authority outside OF themselves