The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1890-06-27
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! clip the following from the DgNocRAT,
which, with your permission, wish to
correct, having in my possession the de-
cision Of Judge Smith in the Napervillc
injunction case
4 correspondent in a Corvallis paper
says the legal principles involved in the
case of the Oregon conference under the
presidency Of J Bowcrsox Va that under
the presidency pf T Bowman are preciae-
~ the samc az those involved in the fol-
lowing decision, taken from an Ottawa,
Ill.,, paper: ~ motion for dissolution
0f injunction came OH for hearing to-day
before Judge G. u Smith in the matter Of
the Naperyilie church Of the Evangelical
association. The court continued the
injunction in All elaborate decision. The
court held LIST, that Bishop Esher was
legally suspended, and could not act az
bishop; 81, the Illinois conference, pre-
sided over by Elder Byera, was the legal
conference, independent Of whether Esher
was legally suspended or not and that
Esher's conference had no power TO send
preacher TO the Napergille church, and
that c Frey is the legal pastor Of that
church, aud the trustees were enioined
from interfering with his occupation Of
the pulpit"
Now, the fact is, no such decision was
given bv Judge Smith a. above stated.
The case, after many delays, came up on
June Bird for hearing. At the reques. Of
Judge Upton il was heard by Circuis
Court Judge Smith, Of Champlain Co.. a
neighboring circuit. The hearing began
at 8 p. III. and at 10 o'clock the same
evening Judge Smith, as Circuit Court
Judge, rendered the following decision:
The opinion Of the Court il that this
injunction shall remain, but think that
. bond should be given {by the plaintiffs.
| think the case requires a substantial
bond; | think the bond should be So 900,
and the order will he that in ten davs the
bond shall be fled with the clerk OF the
| Circuit Court of Du Page county. to pro-
| vide for the payment OF all damages
which may arise 10 any one or all Of the
parties. The bond must be shown to the
attorneys for the defense before il il pre-,
sented to the clerk. The bond must be
/ Tor the payment OF any and all damages
| finally assessed upon one or all OF the
complainants. and it will bc approved by
the clerk. II the bond is not fled with
in ten days, then the injunction win be
| dissolved"
| Upon this decision the defendants i. G
'seceders" at once suggested an appeal
TO the Appellate court.
The result Of the motion TO dissolve
| injunction, which motion was made by
| loyal trustees Of the Evangelical church
| in Napervillc, Is, that whereas no bond
I to indemnify the defendants had been
/ filed in the case at all, now the plain
u. Il Il.
/ OF $1,000, and 10 that extent. at least
something was gained by making the
motion. Nothing prevents the deien-
/ dant trustees, who were the only ones
that filed an answer, from reviewing
| their motion to dissolve at any time be-
fore any other judge. 0i course, those
defendants who have not yet filed an
answer, may make their motion TO dis
solve whenever it suits their convenfnce.
! Now here, in his decision, did Judge
Smith say that Bishop Esher was le-
/ gally suspended, and could not act as
| Bishop" nor that ''the conference pre-
sided over by Elder Byerz v--e The legal
conference" nor that ".s.a..Op Esher's
| conference had no power Ia send a
| preacher 10 the Naperville church, etc.
In fact this case, and the decision Of
Judge Smith, in no way prevents the
preacher appointed by Bishop Esher
from preaching in the said Naperyille
church. Ii only gives the preacher ap-
pointed by the Byers conference privil-
ege OF preaching in said church, while
the trustees and three-fourths of the
congregation are loval to the Evangelical
church, and thus sustain the pastor APP
pointed by Bishob Esher. These are the
simple facts.
The most essential statement made by
Judge Smith, in his preliminary remarks,
was, that the case should not have come
into the civil courts at oil. So said also
Judge Horton in the Chicago case, and
all sensible Christian people agree with
them. !. Is. FISHER.