The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1889-11-01

New Lexington, Ohio. The ables
lawyers secured by the seceders pre-
sented their case with great energy
which was heard by the judge will
unusual patience. After a weeks
research the court, in mastery decis
ion sustained every point claimed by
the church, basing the decision upon
Justice and various decisions of the
courts of the county, and especially oi
the supreme court of the United States.
The decision showed that the only
ground upon which the civil courts can
have jurisdiction in case like this is
that of an alleged perversion of trust.
In determining whether the general
conference in its acts violated the
trust under which it holds its property
by transcending its power or jurisdic.
ton as legislative, judicial, or execu-
tive body the court said:
"The general rule is, that the doc
trinal decisions and constructions OF
legislation of the highest judicatory OF
church are binding upon the civil
courts. desire upon this point to
refer to few of the leading authori-
ties in support of it.
In the case of Watson VS.. Jones,
decided by the supreme court of the
United States, and reported in l3
Wallace, 679, the court on page 727 of
opinion says, "In this class of cases
we think the rule of action which
should govern the civil courts, founded
in broad and sound view of the
relations of church and state under
our systsm Of laws; and supported by
a preponderating weight of judicial
authority, is that whenever the ques-
tons of discipline, or faith, Or ecclesias-
tical rule, custom, or law have been
decided by the highest of these church
judicatoiies to which the matter has
been carried, the legal tribunals must
accept such decisions as final, and as
binding on them in their application
to the case before them." And further,
'from the evidence before the court,
this church, in a legal, Christian, and
wise manner, did it's work with de-
gree of accuracy, commendable to the
world of churches.
These matters were all within the
province and Jurisdiction of the gen.
eral conference to determine, and hav-
ing determined them it IS not within
the province of the civil courts to re-
view its decisions in that respect,
except as above stated; and,
moreover, it is the opinion of the
court that it determined all these
questions in accordance with its
organic lew. And Bishop Wright and
his followers having left the church,
and also having since been expelled,
they have no tight to the property, but
1t belongs to the church as represent
ed by the plaintiffs, and a decree will
be entered in their favor"
The other case involving the title to
church property was in Lecompton,
Kansas, where we have fourishing
college. The seceders recently got
out an injunction against the authori-
ties representing the church, as they
have done at Philomath. The church
authorities pressed the matter before
the judge at once, and after hearing the
evidence aud two days reflection he
set aside the force of the injunction,
al once delivering the college to the
church authorities and at the cost of
the seceders reserving the final decis-
ion as to quieting of title for the regu-
lar process OF trial. The seceders wisely
have given up the suit which they saw
was "forlorn hope" This would be
the Llanly and christian course for the
seceders to pursue in respect to Philo-
math college. 1t is a reproach and
sorrow which has been Cast upon the
church by process which can only
bring added disappointment and loss.
Even under these trials the college is
growing i'll patronage and favor, and
the ministers of the church are going
forward with success and hope-'swith
malice toward none and love for all"
we wish to go forward seeking, with
all worthy agencies, to do something
in building up christian morality and
tue manlines among the people of this
beautiful country.
j. w. Hort.