New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-09


gested. The Rev. DR.. william r. Gibson Of Contra
Ncw-York, Introduced resolution. which was. on hi.
motion, sent to the Committee on the Prayer-Booh
1t in substance follows:
Resolved, the House Of Bishops concurring. Tha
the ancient symbol of the catholic faith. preserved
and used in the pray books of all the Churches
of the Anglican communion, except our own
commonly known as the Athanasian Creed. DO In
serted and printed in The American Prayer-Book, I'M
mediaely after the Thirty-nlne Articles.
REACHING THE ORDER OF THE DAY.
The order Of the day-the report of the Committee
! on the judicial System OF the Churchwas taken NJ
at II 40 The report goes into tho question fully.
The following extracts from It:
At the last General Convention, a Joint select com
mttee the Judicial system Of the Church were unan
imousy of the opinion that change In that system
desirable.
Only two modes have been suggested for obtain
ing that relief one is that the General Convention
recommend to the dioceses, for adoption by them,
canon for the trial Of clergymen, making provision
both for Courts of First Instance and for Courts Of
Appeal. The other IS that the General Convention
change Article of the Constitution, and then enact
a uniform canon for the whole Church
The passage by rle General Convention OF a resou-
ton, merely recommending that the several d0ceses
adopt uniform canon for the trial Of clergymen'
would, In our judgment, be unbecoming and un-
dgnlhcd In tho convention and would also be- an I'M
warranted Interference with diocesan Independence.
An attempt OF this Kind would moreover be pracia ~
fruitlcss. 1t could scarcely be hoped that our forty
nine dloceses would accept without change any canon
change IN the Constitution, in the opinion of your
committee, IS the only regular, direct and reasonable
mode OF providing remedy for the admittedly de-
plorablc condition OF our present system.
As to the proper form which this change should take.
two plans have had their spective advocates One.
that the change be restrictive. that the General
Convention have power 10 es'ablSh only Courts OF
Appeal without interfering with the present mode
of trial in Courts OF First Instance instituted by the
respective dOcescs the other that the change be I'M
establish Courts Of Appeal only If that be found
impraccable inelfeo;ive. It may establish a
uniform and complete system throughout all the
dOcPSS.
We simply expires. our wel-consldered opinion that
1t would be lmpractcahle 10 engraft one uniform
appellate system or fOlty-nine different diocesan sys
tens OF trial courts.
But while firmly convinced as to the correctness Of
the position We AXE. there may yet be no objection
to making the attempt. and with this view we III 20
that while the constitutional change now proposed
should be IN general terms, get that comntss lon be
formed 10 draft two canons FOR consideration in tho
rext General Convention providing for system of
Appellate Courts only. and the other for a uniform
system of TRIAL in all the doceses. including Courts Of
Appeal So that II The constitutional change now pro
the plan which shall on the rcpor OF this commission.
most thoroughly commend Itself to our approval. We
recommend the adoption OF the following:
Resolved. the House Of bishops cOncurrlug First
that the third clause of Article Of the COpstuton
be so altered that 1t read follows In every diocese
Instituted by tho convention of tho diocese until the
General Convention shall otherwise provide
to the docese and be laid before the ensuing General
Convention for final ratification.
The suggested canon was appended to the report.
minority report was sent I'm by James C. Smith, o.
western New-York and Frank Fl. Miller, OF Georgia
1t said in part
While concurring In tho opinion that change in
our Judicial system is desirable. to the extent OF
clslons OF trial courts I'm each diocese may be re-
viewed, we are not OF opinion that the prOTcr and
only practicable method OF efecng such a Change IS
by the legislative act of this body or that an alter
alton of Article OF the Constitution. as proposed by
the majority of the committee, Is necessary for the
purpose.
On tho contrary. think that each diocese IS
competent 10 provide for itself a complete system
Of judcature, including suitable court Of revision:
that the Constitution wisely the dOceseS with
the power and that. said in the report Of tho
minority Of the Joint Committee the judicial sys-
TEN OF the church, presented the last General Con-
ventiOn, the practical difficulties I'm the way Of
establishing Courts Of Appeal by the General Conven-
ton are so serious that they cannot he overcome
We recommend affirmative action by this con-
vention being Of the opinion that It Is hest to !eave
each diocese to remedy any defect that may exist IN
H. iudicial system