The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1893-05-26

DR.. BRIGGS SPEECH ENDED

DR.. BRIGGS SPEECH ENDED
II Evoked Applause Which Made
the Moderator Angry-sunday
Closing considsred-coi.
Mocook Speaks.
WASHINGTON, May c6. - The Preshy-
tsriau general assembly this merning
adopted . resolution, recommending TO
the judicial committee that the six com.
plants against the New York synod. Grow.
Ing out Of the Briggs trial, be referred 10
the judicial COMMITTEES for trial. Ths -.
sembly also adopted without dissent .
recommendation regarding ovsrturss from
presbyteries concerning appeals from
these bodies directly to tho general assem-
bly,, that such appeals are proper ~ to al
matters relating to the policy OF tho
church.; but that overtures from presby-
teries as TO 3 pending judicial case, such
~ that OF Professor BriSRs, advising the
general assembly az to what action It
should take In such . case, ID irregular
and unprecedcnted In eccissiasticai pro-
ccdure; and that the proper way for pres
byteries to influence pending case Is
through their representatives on tho floor
Of the general assembly.
After appointing committee to ascer-
tain whether the worlds fair will be
oponed on Sundays. the assembly re-
solved itself into court and Professor
Briggs resumed his speech In defense Of
tho action OF tho New York presbytery In
his case and In opposition to entertaining
the appeal thsrefrosn.
The assembly passed Q resolution de.
claring the worlds fair grounds to be
merely . bonded warehouse, and ap-
pointed committee TO wait on Secretary
Carlisle to ask him to treat II as such and
close II on Sundays a. ali other bonded
warehouses arc.
The customs officials, however, soy this
is impossible. There is no way in which
tho exposition building containing bonded
exhibits could be closed like bonded ware
houses except by placing q lock ON them.
A committee waited on Attorney Gem
erai Olney this afternoon and was do
lighted at learning his instructions to
District Attorney Milchrist.
DIR. Briggs SPEECH.
After briefly restating the points which
he mado yesterday, DR.. BrIgRs said, In
part: Tho presbytery of New York 10 the
largest In the Presbyterian church. After
. long and patient consideration OF tho
merits Of the case, this prcsbytery gave .
verdict Of acquittai. Would the general
assembly be willing to give the same
amount OF timo and patience to con-
sideration OF the case IL the appeal 10 en-
| tertained? II you override all the pro-
visions Of the constitution and tho maxims
Of civil law and the usage Of civil and
ecclesiastical orders In ordsr to enter
| tain the repeal and then rush to hasty
decision. you will strike deadly blow ut
the discipline OF the Presbyterian
| church."
| Briggs then reviewed the history of the
case through the various stages In the
presbytery. "T'he general assembly," said
he, 'cannot entertain the appeal without
doing violence to the sense Of right which
is exhibited In the constitution Of our
country and In the maxims Of common
law and tho statutes Of our commonwealth
and the practice Of our civil courts, with
out establishing an entirely new and dam
gerous precedent In ecclesiastical law.
without doing . grave injustice to the de-
fendant and 10 tho Prcsbytery Of New
York, aud without undermining tho pub
lie confidence In the church. II this not
too great price to pay for the sake of So
curing the condemnation of one man,
however Questionable he may be. IL IL
not too great strain to put upon the con-
stitution In order to gain decision on .
question OF doctrine which may be mord
clearly and satisfactorily defined by the
procedure In the form of government
l lasn, Al
principle which applies to this case n TO
any. Il 10 for tho public good that there
should be an end TO litigation"
"The general assembly cannot take tho
case under consideration. The matter ls
In tho hands OF tho synod of New York.
That synod has thrown its shield over tho
defendant and will protect. not only him
but its own rights Of hearing tho case
without having its Jurisdiction interfered
with unnecessarily. II is not policy for
the church 20 have intervening courts
overleapcd. II the assembly entertains
this appeal, the glory OF the synods will
have departed and those who thus Sue
cceded In breaking down the constitu-
tioual forms will drive the coach and four
through tho breach In tho palace Of
justice. II the assembly should decide TO
respect the final decision Of the New York
presbitery. It would not yet bo q final
decision for the defendant. The presby.
terry and synod could not accept
Il as either constitutional or valid.
Before the decision can be made" con.
tinued Briggs, "it will bs necessary, In the
interests OF common sense and Justice. 10
have the interlocutory appeals passed
upon. These are In the hands of the New
York synod, and Il 10 attempted 10 brush
aside all these In the efforts to bring the
matter to speedy conclusion, when the
time saved did not exceed year. Here.
In the capital Of the nation, II 10 being at.
tempted to override the commonsst prin.
cipies Of law In order to crafty the vain
ambition of these prosecutors"
At one time during the morning pages
began to distribute copies Of pamphlet
upon tho legal standing Of the prosecuting
committee. DR.. Thomas Schell of Chi.
caao complained Of this, saying that the
attention of the commissioners. was being
diverted from the address by the interrup.
| ,iop and tho moderator orxlered the dis