The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1893-05-23
The CASE OF DR.. BRIGGS
Waiting for the Report of the
Judicial Committee.
WILL THE APPEAL BE ENTERTAINER

Believed That the Committee win So
Find - SSirmish over the Matter in
the Proceeding, Yesterday Moder-
ator Makes Declaration That He VIII
Not be inundated - Briggs Men Pro-
test That They Are Ignored by the Chair
WAsH1NGroN. May 23.-The Assembly
is waiting in great expectancy for the re
port of the Judicial Committee on the
Briggs case. 1t is understood that this
committee will find the appeal, with its
specifications Of error, to be in order, and
will recommend that it be entertained.
This will bring the case to an issue and
will coufine the discussion to the sustain
ing of the appeal.
The Judicial Committee was organized
Friday night in its council rooms at the
Fredonia At that meeting the committee
voted without division that the appeal was
in order 1t then developed that there was
a misunderstanding on the part of four or
five members rs to what "in order meant.
Some believed that il meant simply that
the case was before the Assembly for dis
cussion The majority understood that it
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had a right to appeal the case to the Cen
eral Assembly and that it was mandatory
on the part of the Assembly to receive and
issue the case.
1t then became evident that it would be
necessary to have "A report that would in
form the Assembly exactly what was
meant by FINDING the appeal in order"
That caused a long discussion and during
it the dissenting members on the commit
tee dwindled down to two ministers and
an elder. If this idea prevails in commit
tee and is given headway in Assembly, it
will shorten the agony in the Briggs case
by at least two solid days
The question of entering the appeal in
the Assembly does not involve the merits
of the Briggs case If the appeal is found
to be in order, it is perfectly regular and in
accordance with the book of discipline to
entertain the appeal and issue the case.
In doing this the Assembly would simply
follow The rulings of previous assemblies
and abide by the constitution. The Briggs
men would have to show that in this case,
there were special reasons why the appeal
should not take the regular course. These
reasons would be reasons of eXpediency and
purely personal.
The constitutional questions could not
bt IdlStll ulllcHN llt NONliG SllbNllNl ltiht IuG
position that more light was wanted on
these questions than could be gathered
from the decisions of previous assemblies.
AS these decisions were rendered in 1891
and 1892, it would be extraordinary for a
court of 1898 to take this course. 1t
would be as If the Supreme Court Of the
United States should allow lawyers to take
up the time OF the judges in arguments of
constitutional points which had just been
settled 10y its own decision
The present moderator is not the man TO
encourage such a proceeding. 1t may be
said that friends OF DR. Briggs will have
no opportunity to make a constitutional
argument On this issue the members Of
New York Preshytery cannot be heard.
The book fOrbids it.
Dr. Birch, as chairman of the Prosecu-
tion committee, will open the debate He
viii be followed by Col. John j. AcCook,
also OF the Prosecution committee.