St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-09-14
ing factions. The four cases are entitled

ing factions. The four cases are entitled
as follows:
John Norman ct al. as trustees against
nesota Conference i Of the EyaneelicaI Asso-
citation of North America and others against
the Emmanuel Church of st. Paul ct al: the
United Evangelical Church of st. Paul
AGAINST asa It. q s.,S Seqqer ana Henry
In the first Of these causes the tempo
rary injunction to prevent the trial of
the trustees of the church at the in
stance of the presiding elder was dis
solved, because of the failure to prop
erly summon the defendants.
| The controversy in the SecOnd-named
case is as to whether the Evangelical
Association of North America. or the
Emmanuel church is the proper one to
hold possession of the property. On
Aug. 16 last, Judge Otis issued an Or
der fOrbidding the Emmanuel church
from taking the property out of the pos
session of the Evangelical association
which had held the property under
subOrdinatiOn of the conference
of Minnesota, the other body
being considered as subOrdi-
nate to the former and not organized
under the Minnesota conference or the
association of North America above
named. The action of the United Evan
gelical church against Stenger charged
the latter with breaking into the
church. On August 3oth Judge Will
kin issued an order forbidding Stenger
from holding possession of the proper
ty. The case of Linse and others
others, was to prevent the latter from
taking and retaining fOrcible possession
of the property. On August 30th Judge
f, Wilkin issued an order restraining them
from doing so. It appears that one or
more of the trustees of the Emmanuel
church went out of town to avoid service
of the restraining order issued by Judge
Otis, but Judge Kelly holds that they
had notice of the order, or at least, of its
contents. Mr.. Anthem. one of the trust
ees, returned to the city and signed a
deed at midnight of Aug. lS-after the
order was made-which deed was
| ers. Judge Kelly leans to the
view that the deed was not valid be-
cause not authorized by competent au-
thority, to wit: All of the church trust
ees. The affidavits in the case show
that the Emmanuel church as congre-
1 CATION for thirty years and as congre-
/ CATION for twenty-One years has held the
property in question in its exclusive
i possession. After further discussion
OF the status OF the cases, Judge Kelly
states that he does not propose to finally
dispose of the cases on their merits al
the present time. That all the parties
would have thsir rights preserved by
the order about to be made. Proceed
ing, the court said:
| II think this whole matter should be placed
I exactly where it stood ON Aug. 16, 1890
when confessedly the pastor and the congre
/ CATION worshiping in the church were in pos
| session and using it for religious purposes OF
the Evangelical Association of North Amer
/ lea. With the differences of members as tt
church policies the civil court has no con
cern. sincerely regret, as Christian, tha
such differences should arise and have ariseI
among Christian people. But no person
will be injured and no mans rights invaded
by placing this congregation exactly where
it was at the time Judge Otis issued the re
straining order In the course of prope
legal proceedings the ultimate rights of al
parties can be decided fairly ahd fully. If i
shall be found that the United Evangelical
church is entitled to the possession, it shall
be given its rights. If it is found tina
the parties in possession on Aug
16 have right to continue II
possession, Its rights shall be preserved
In the meanwhile, as good citizens, and a
good Christian men and women, 1 hope thi