Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-02-02
Rector Maxwell Sues His
\ Vestry for Damages.
LAW HIS ONLY RECOURSE.
Inside History of the Vexing Aspects
Of the Contention.
TIE VESTRY AGAINST THE RECTOR

Maxwell, has served summons upon each
&nd everyone of the vestry and church Off
GERS, requiring them to appear in person be-
fore John Gripp. Esq, magistrate, to stand
defendant in a suit for cumulative damages.
Premonitions of the inevitable rlIsunder-
standing have been given the public from time
to time recently, and the Shoenberger be-
quest of $1OO, 900 conditional upon the COM
pliance of the church with certain provisos
added fuel to the flames. Individual mem
bers have aired their opinions in the news
papers, but the general public has been in
clined to believe that the troubles would be
settled within the members. That such
opinions are erroneous the suit brought yes
terday BY the rector cOnclusiveIy shows
The suit brought by Rector Maxwell is
rather peculiar in its nature, and one GER
tainly without precedent in the local ecele-
siastical circles. 1t is necessary to enter
into some explanation of the cause of the
suit in order to make clear the nature of the
damages claimed by the reverend gentleman.
The Episcopal Church year ends on Easter
Monday. By the terms of the contract ex-
listing between the rector and the vestry, the
latter pays to him s., 600 in money, and
leases a mansion from wear to year at the
stipulated sum of $500 per annum. To
agree as to the renewal of the lease vestry
meeting must be held prior to Easter Mon
day. Such a meeting was held last Thurs
day evening in the chapel of the church.
The vestry consists of 13 gentlemen at
present; the Senior Warden, Mr.. Shoen-
berger, having died his place is as yet un-
filled.
how THE vESTRY STANDS.
The vestry stands as follows: For Rev.
Mr.. Maxwell, Mr.. T. c. Jenkins; against
Rector Maxwell, Messrs. Il. G. Hale, j. B.
Dunievy, Stephen McCandless, A. E. W.
Painter, B. Bakewell, A. 7. bravo, Colonel
A. S. M. Morgan, Charles Gormley,
Andrew D. Smith and W. II. Singer; nom
committal. Messrs. II. L. Mason and R. B.
Brown. There are therefore, ten vestry-
men openly arrsyed against the rector, one
VeStrymsn for him, and two who decline to
say just where or how they stand The
motion to refuse to release Mr.. Maxwell's
present residence, No. 900 Western avenue
was passed on Thursday with but one dis
sentIng voice. Mr.. Maxwell was notified,
and now strikes back by a suit for all salary
which may accrue or become due, his house
rent in the future, and such sums as NAV be
incurred in the process of moving, made
necessary by the refusal Of the vestry to
guarantee as per their contract house for
his occupancy.
Look ing back two months, a meeting of
the vestry was called in last December, at
which resolution was passed requesting the
resignation of the rector BY the 20th of jan
uary. To this Mr.. Maxwell returned no
answer, and the vestry is known to have
considered the plan OF reducing his salary
to such q low point that it would be barely
q legal sum.
1t was ascertained, however, that BY the
laws of the Commonwealth the rector could
recover his salary upon his contract It
was also discussed as to whether the vestry
could close the church doors, but again the
law Of Pennsylvania interposed, with pre-
cedent of a clergyman who, with an eve to
the church militant battered down the
doors of church under similar
circumstances. Ecclesiastical precedents
were also found upon examination to be to
the effect that the rector of church could
not be removed from exercising his legal Of
fees unless guilty Of actual lawbreaking in
Yolving Jail Imprisonment, and that the
Bishop Of the Diocese must concur in anv
step taken to remove minister upon charges !
involving ecclesiastical offenses. The canons
of the church allow the Bishop to suspend a
clergyman. pending a formal church trial,
until the finding of the tribunal, composed |
of the Standing Committee of the Diocese,
presided over by the Bishop, be rendered. |
The rector being thoroughly competent and |
perfectly blameless in the exercise of his |
functions, the majority of the vestry felt |
somewhat at sea as to what course to pursue. |
CAUSE OF THE TROUBLE.
It is well known that the action of Rector |
Maxwell in refusing to present the name of |
John II. Shoenb. .rgeI, Senior Warden of |
Trinity Church, to the Diocesan Conven- |
ton, held at Oil City during the first week |
in June last, as a candidate for election as |
lay delegate to the recent General Conven- |
tion Of the Protestant Episcopal Church. |
from the Pittsburg diocese, was the incep- |
tion Of the trouble. Mr.. Maxwell justified |
his action by the statement that Mr. Sheen
berger was nonresident of the diocese and,
therefore, ineligible to election. He has /
repeatedly said that be desired to save Mr.
Shoenberger the humiliation of possible
defeat. Mr.. Hale, Junior Warden of Trim
ity, nominated Mr.. Shoenberger, and the
latter was defeated in the balloting. This
started the music, and Mr.. ShoenBerger's
recent death seemed to intensity the feeling.
It was found that Mr.. Maxwell did not in
tend to resign, and just recently it was pro-
posed by the vestry that charges be formu-
lated against him and laid before Right
Rev. Cortlandt Whitehead, Bishop of the
diocese. The charge proposed was, "That
Rev. Samuel Maxwell Rector of Trinity
Church, had preferred one vestryman to
another in an official capacity"
The Vestrymen wha oppose Mr.. Maxwell |
make many charges of a minor nature.
They assert that his ministrations do not
enlist the presence of the congregation; that
the revenues of the church have been seri-
ously depleted by the apathy caused by the
separation of the congregation, and that in
retaining his position the wishes of the
majority of the church have been and are
being disregarded. 1t is but Justice to saw
that even the most acrimonious remarks are
statements that have never contained the
slightest alusion in any way detrimental to
his character, devotion TO duty and readi-
ness to serve in his official capacity on all
occasions, and at all times. 1t seems to be
the impression among the members of the
church that the legal recourse is taken to
bring the matter to a elimination of some
kind, and that nothing radical will be done
until the end of the church year It was
said last night to a DISPATCH reporter.
that should Mr.. Maxwell refuse to resign
prior to Easter Monday. the majority
of the vestry would not only re-
sign, but withdraw entirely from the
church. The withdrawal OF so many wealthy
families, or rather the prospect of their
Withdrawal is expected to have some weight
in the matter.
SOMEWHAT MIXED.
On the other hand Mr.. Maxwell's friends
claim that at the election for vestrymen on
Easter Monday number OF new vestrYmen
would be elected anyhow, displacing the
present Testrymen. The whole matter seems, |
from an impartial standpoint considerably
mixed. 1t was spprehended last night that
there might be some interesting develop |
ments at one or both of the services of to-