Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-09-11

the time of notification hereof by the DISH
op. he shall fail to comply with the cSn9l-
lions of the opinion herein set fortn: ne
shall be thereupon deposed from the minis
try Of this church"
Mr.. PATTERSON says:
Article 6 of the constitution Of the Prot
estant Episcopal Church in the United
States Of America drescribeS as the three
| ecclesiastical sentences "admonitlon, sus-
pension, or degradation from the ministry
Caron 2 of title of the canons of the
general convention, after reciting the Of
lenses for which ministers of the church
shall be liable to presentment and trial,
adds:
And, on being found guilty, he shall be
admonished, suspended or degraded, ac-
cording to the cauons of the diocese IN
which the trial takes place, until other
wise provided for by the general conven-
ton.
Canon 10 of title of the same canon pro-
vides that:
Whenever the penalty of suspension
shall be inflicted, the sentence shall specify
on what terms, or at what time, said pen
atty shall cease.
deposition, displacing, and all like ex-
presSiOns are the same as depreciation"
The definite sentence imposes not only
the penalty of suspension TO cease upon de-
signated terms, but also the further sub
stantive and independent penalty Of depo-
sitiOn, to take effect, if, after the space OF
six months from the time Of notification OF
the sentence, the accused shall fail to COM
ply with the condition upon which the sus-
pension is TO cease.
The constitution and canon 2 of title II,
prescribe admonition, suspension or degra-
datlon in the alternative, and as substan-
4 id there
cannot be found in the constitution or can
ons of the church any warrant for the i'm
position of more than one OF these penal
ties for one conviction.
II is also TO be observed that the super
added sentence OF deposition is by the
terms of the detinitive sentence to take ef-
feet in future upon the performance OF
the proviso for cesser of the suspension,
and without any further trial. conviction
or Judgment precedent to the deposition.
Neither the constitution nor the canOns
give to a bishop, nor to any court, the power
of pronouncing a sentence of deposition to
take effect in future upon the performance,
or nOn-performance OF a collateral condi-
ton and without trial, conviction or judg-
ment.
1 am, therefore. of the opinion that so
much of the dehnitive sentence in question
as relates TO a sentence of deposition to
take effect in future upon the non-perforn-
ance of a condition does not conform to the
constitution and canons Of the church.
2. Although it is somewhat difficult to
understand how evidence can be pre-
sented, not as TO a past or present fact, but
as to an intention Of future action, yet
forbear verbal criticism upon the phrase
satisfactory evidence setting forth that he
will not teach and publish, ETC., for read
ing the sentence as a whole, il must be UNI
derstood TO mean d satisfaction given by
the offender 10 the bishop that the offender
will not teach and publish the views desig-
mated by reference TO the record of thecaSe.
Nevertheless, it would have been more
canonical Of the defnitive sentence, fol-
lowing the language of subsection 2 of
section of canon 2 of title H. which desig-
mates as an offense, "holding and teaching
publicly or privately, and advisedly, any
doctrine contrary to that held by the Prot
estant Episcopal Church in the United
States of America" had specified in the
sentence the doctrine or doctrines not to be
held or taught by the offender.
The definite sentence imposes the penal
ty of suspension, to cease on the terms that
within six months from the notification of
the sentence given by the bishop to the of |
tender he "shall have presented to the |
bishop satisfactory evidence setting FORTH"
tic. .,z,,,,-
Suspension is, OK vi termini, a temp
.asaJ3aaO.st I. tho .nadrtter 81 4alasgSSdrance
upon this point doubly sure, the canon pro-
lfbits a perpetual suspension by requiring
In terms that ''the sentence shall specify
On what terms, or at what time, said pen
atty shall cease;" and the direction that
the ''penalty shall cease can only mean
that the offender, having satisfied the SEN
tence of the law, shall be restored to the
ministry.
The cannon does not define the terms of
cesser which may lawfully be imposed, but
the essentially temporary
of the suspension, and bearing
in mind the canonical prohibition OF an In
definite suspension, it may be concluded
that the terms must be such as do not
amount 70 an indefinite suspension.
Bearing in mind the constitutional and
canonical provisions which have been quot
ed, it is obvious that, as under canon 10 OF
title ii, the penalty of suspension may De
made to cease on "terms," which the canon
not further define, that canon would
be complied with by sentence OF suspen-
sion, to cease upon the terms of satisfying
the bishop that the offender will not hold or
teach certain specified doctrines.
But the defnitive sentence does not so
prescribe, for it limits to period OF six
months the time within which the condition
of submission by the offender may cause
the suspension to cease, and it thereby
limits TO six months the period of suspen-
sion.
The conclusion reached is that "the
penalty imposed is, in legal effect, a sus-
pension for the period of six months,
with the further condition that within
the six months the suspension may cease
on the terms specified" Furthermore,
that ''at the expiration of that period
of six months that sentence will have
been legally executed, and that Rev.
Mr.. MAcQUEARY will then have legally
satisfied the Judgment pronounced
against him, and that his suspension
will then be legally ended"
The question now is, will Mr.. MAC
QUEARY abide by this opinion, ignore
the bishop, attempt to resume his for
mer position as clergyman in good
standing of the diocese of Ohio, and
take the case TO the civil courts when
the Bishop interieres, which his lawyer
says in that case he can do?
Such a course would certainly be ex-
IRENE, II not revolutionary, but Mr..
MACQUEARY is a revolutionary young
man and there is no telling what he will
do.
Circuit Court Gases.
In the Circuit Court yesterday there
were several cases considered.
The case of c. L. Calvert was con-
tinued and the bond renewed.