Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-05-24

be amended by striking out all that 1olloWs
beginning with the recommendation thaI
the appeal be entertained and issued, ana
substituting the following: I'VE ma lhe
appeal in order and recommend that tne
parties be heard in accordance with the
provisions Of tue book OF discipline" we
ask this for the following reasons:
FIRsT-The majority report, by recon-
mending that the appeal Oe entertained
and issued preiudices the same by aovls-
ing the Assent bly 10 do what the oook OF
discipline says shall be determined only
after the parties shall have been neard.
The impropriety of recommending that tne
appeal be entertained and issued In TINS
case is the more apparent when IL Is re,
membered that one of the points involved
in il is whether the appeal snail oe enter
tanned by this Assembly qr referred 10 tne
Synod Of New York.
SECoSp.-The majority report. in form,
pledges the committee in advance to enter
tain the appeal, the parties not yet being
heard; and yet this same committee IS en-
titled TO sit, Judge and vote IN this case as
mem bers of the judicatory.
THIRD.--The majority report IS con-
trary both to the letter and spirit OF the
Book of Discipline, as stated In Rule w,
Section IA, Chapter 10. The functions OF
the Judicial Committee In this case are
limited to finding the appeal in order ana
recommending the method OF procedure,
and it is not its right to recommend 10 tnls
Assembly that the appeal shall be enter
tained and issued.
For these reasons, we recommend tnat IL
shall be amended so as TO conform with the
law of the Church.
This report was signed by Messrs.
Myers, Stebbins and Nicolls.
DIR. NICoLLs SAID
the minority did not differ in principle
from the majority. They were ready
to have the case tried by the Assembly.
The committee divided upon the mean
ing OF the word "appeal," to which he
called attention. 1he majority report
fixed for the Assembly the very form OF
the verdict which it was to be asked TO
reach. This, the minority thought,
was not regular nor in conformity TO
law. The case should not be weighted
with a prejudgment Of the Judicial
Committee. To that the minority OBJ
jected.
The first resolution Of the majority
report was adopted.
Then motion to pass the second
resolution was offered.
Mr.. Cutcheon, of Detroit, moved to
strike out the limitation Of time OF de-
bate by the party in interest to three
hours, but the Assembly refused to
to remove the restriction. AT
this point Prof. Briggs rose as If TO ad-
dress the Assembly. Immediately a
bazz OF comment swept over the house.
while he and the Moderator engaged in
an animated colloquy upon his right to
be heard at that time. Prof. Briggs
yielded TO DR.. Craig and resumed his
seat. This was prelude OF an incident
that created some comment on the floor.
The Moderator said:
Il would suggest in the interest Of
brotherly kindness aud peace
''Say Justice" exclaimed voice from
the gallery, which was said TO be that
of
PROF. HENRY PRESERVED SMITH,
of Cincinnati, who is under condemna-
tion OF the Cincinnati Pre- sbytery for
teachings similar TO those Of Prof.
Briggs.
"You wait" retorted Moderator
Craig sternly. don't you put words in
to my mouth. ! speak for brotherly
kindness and peace, which are higher
than Justice for out of them come JUS
tice."
The Moderator then said that Prof.
Briggs had asked him the privilege OF
speaking, but that he had insisted that
the Professor had no right to speak at
that time. DIR. Craig said, however,
that there would be a time when his
brother Prof. Briggs should speak.
The Moderator then announced that in
accordance with the book OF govern
ment the Assembly would be turned
into a judicial court OF the Lord Jesus
Christ and following the rules OF pro-
cedure called for reading of the judg-
ment notice of appeal, the appeals and
the specifications of the errors alleged.
This was done by Stated Clerk Roberts
and the court then adjourned until 2;3O
tomorrow afternoon and the General
Assembly until $50 a. NJ.