Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-06-01
SECEDERS TALK BACK.
They Assert That They Are Main
tanning the Organization Of

tanning the Organization Of
THE EAST END R. P. CONGREGATION.
Refuse to Admit the Jur isdictbn Of ANY
Ecclesiastical Body.
ANSWER TO A FAMOUS CHURCH SUIT
An answer was filed yesterday by the
defendants in the suit Of the East End
Reformed Presbyterian congregation
against the Rev. o. B. Mill gan and others.
The defendants are the seleders from the
Reformed Presbyterian CHI trch into the U.
P. Church as result of the fight over the
famous East End platform" and the suit
is contest for the church property. In
their answer they first insist that the
plaintiff has not made such a case as en-
titles it to the relief fought for, and also
that the Court has not equitable Jurlsdlc-
tion in the case. Continuing they said:
"First-That it is true that the East End
Reformed Presbyterian congregation was
incorporated, but the defendants deny that
the corporation was or is subordinate to the
Pittsburg Presbytery or other church court
of the Reformed Presbyterian Church of
North America; on the contrary, it appears
by the bill and charter OF the plain
tiff that the oversight and management of
the corporation is vested in board of six
trustees and not in J. c. Calderwood or his
associates, who assume without right or
authority to prosecute this suit in the name
of the corporation.
They Deny Ecclesiastical Jurisdiction.
"Second-The allegations contained in
the second paragraph Of the bill are denied
as stated The corporation. being a civil
and not an ecclesiastical organization, ac-
quired title to the property and has been
and is in the possession of the property, but
not in subordination to the courts of the
Reformed Presbyterian Church. The prop
is held to insure subject to the control and
disposition of the lay members of the COR
poration under and in accordance with the
constitution and laws of the Commonwealth
OF Pennsylvania ana not otherwise
1T is true, as stated, tnat Rev. o. B. Mil
ligan was duly installed as pastor OF the
ecclesiastical organization styled the East
End Reformed Presbyterian congregation
and that on or about December ii, 1890, he
was suspended by the Pittsburg Presbytery
of the Reformed Presbyterian Church. but
not wholly disqualified to exercise minis
terial functions, and it is also true that sub
sequently upon his appeal from the action
of the Presbytery to the Synod of the Re-
dismissed, but the defendants aver that the
action of the Presbytery and the Synod was
wholly arbitrary, without right and con-
trary to law and they also deny that the
IN az dismissal n
appeal and affirming the decree of sus.
pension, acted in accordance with the
laws and usages OF the Reformed Presby-
terian Church. While it is true that the
Presbytery and Synod had Jurisdiction over
the ecclesiastical body known as the East
End Reformed Presbyterian congregation,
any rightful or lawful Jurisdiction Of the
corporation plaintiff, or any control of its
property"
MiIligan Il Still Their Pastor.
Continuing, bylaws were cited showing
the powers of the Board of Trustees of the
congregation as having full control of the
real and personal property and the financial
matters. Further. the answer says:
Defendants deny that the East End Re-
formed Presbyterian congregation was
without a pastor. The members were almost
unanimous in deciding to allow the Rev. o.
B. Milligan to continue in the church, and in
so allowing and determining more than
three -fourths of the members of the corpor-
alton united and but a few individuals dis
sented, and the defendants claim that the
members of the congregation and large
majority Of the trustees in so deciding acted
laws of the corporation. The Rev. H. H.
George, d. D., never had the consent of the
members of the corporation or the Board of
Trustees to the use and occupancy of the
church property.
Defendants deny that the Pittsburg Pres.
bytery had or have power to occupy the
property (inciuding the church building) of
members OF the corporation and tho Board
of Trustees have absolute control of the
property of the corporation, and the attempt
of the Presbytery to control property is
mere usurpation of authority ana a violation
of the provisions Of the charter and bylaws.
"The facts alleged in the seventh para
tion seal of the corporation and its papers
records and bylaws are in the lawful Gus
tody of the officers of the corporation, who,
in holding and controlling the same, are act
ing regularly, properly and in strict accord
ance with their duty and the will of large
majority (more than two-thirds) OF the cor
poration.
Still Maintains Its Organization.
"while it is true that many members of
the East End Reformed Presbyterian con-
gregation have united with the United
Presbyterian Church of North America, it
is not true that the civil incorporated body
called the East End Reformed Presbyterian
Congregation has abandoned the corpora
tion or in any manner changed its charter
or constitution.
"The allegations in the ninth para.
graph of the bill are denied. The cor
poration styled the East End Reformed
Presbyterian Congregation is not subject to
the discipline of the Pittsburg Presbytery
or the Synod of tho Reformed Presbyterian
Church of North America.
"The defendants deny that the suit was
brought by the corporation or by any one or
more persons having authority to represent
the corporation or to act for it. j. C. Shorts,
j. e. Calderwood and William Blair insti- |
tuted the suit and are prosecuting it in the |
name of the corporation, but without |
authority OF power to do so.
Membership in the corporation is not !
affected or controlled by any ecclesiastical |
connection with or membership in any |
church, but is merely a matter of regular |
policy and power pertaining to the cor |
porators or members of the corporation |
VINO may by majority vote admit, exclude, !
expel or suspend members of the corpora |
tion, independently of any ecclesiastical |
body, association or tribunal.
1.-THE defendants are all members and a |
majority of them officers of the corporation,
and they have in all respects acted in ac- |
cordance with the will of q majority of the |
members Of the corporation and the officers |
thereof.
Wherefore defendants pray to be dis.
missed with their reasonable costs in this
behalf sustained"
Burglars on Troy HILL
The bakery of J. r Straub at No 66 lowry