Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-26

until the final issue is reached; provided, that
any appellate judicatory before which the case
is pending shall. if desired by the prosecuting
committee, appoint one or more Of its own
members to assist in the prosecution, upon the
nomination of the prosecuting committee.
There could be no doubt, he argued, that the
fresby terrain Church was an original party and
that 1t had the right of appeal. As this was the
arst important case Of this kind arising under
the new Book of Discipline there had been no
opportunity to establish precedents, except the
one established in this case by the general
assembly Of 1892
Mr.. McCook having defended, on constitu-
tional grounds. the status OF the committee,
paid tribute to the system provided by the
Book Of Discipline for such proceedings as one
likely to secure justice.
THE LAST ASSEMBLY.
Mr.. McCook then reviewed the proceedings
OF the general assembly Of 1892 to show that
that body had recognized the prosecuting COM
mittee as regularly established. He read the
report then made by the minority report on
the appeal at Portland to show that even that
minority had recognized the right Of the prose-
cutting committee to appeal
Mr.. McCook insisted that this case was iden-
tlcaiiy the same case, SO far as the parties and
the charges were concerned as that before the
assembly OF 1892, and was controlled by the
rulings made In 1892. He read the protest then
A~A"oo ~ vi toAh iucuUcTb OI Tue assembly
against the recognition of the prosecuting
committee as having any powers beyond the
bounds OF the presbytery, but the assem-
bly, had given the committee recogni-
M Mon as a. constitutional body, Mr.
com0a0t g gave hv prot summary OF the
the synod of New York against the moderator
OF the presbytery for ruling that the committee
was a properly constituted prosecuting COM
mittee under the law of the church The synod,
however. had not deemed it expedient to take
any action.
Mr.. McCook claimed, in fine. that the highest
authorities OF the church had affirmed the
standing Of the committee
He next addressed himself to the argumen
founded on the provision Of the United States
Constitution that no one should be twice put in
Jeopardy Of life or limb for the same offence.
This was not, he said, criminal case, but a
proceeding to determine whether the ap-
pellee had ablded by bis contract with the
Presbyterian Church which he had entered
into at his ordination. If it were found
that he had not been faithful
to his contract, the only penalty would be the
loss of the privileges be had enjoyed in conse-
quence OF that contract. The failure Of the ap-
pellee to comply with his contract injured the
other parties to the contract
THE CONSTITUTIONAL ARGUMENT
The constitutional provision referred to,
Mr.. McCook maintained, did not apply to
this case. 1t was, he said, an en-
inently wise provision in criminal cases
but it had no place in the constitution Of a
voluntary association like the Presbyterian
Church. No one was forced to remain in
the Presbyterian. Church. Mr.. McCook read
from court decisions to show that it was held
by legal authorities that persons who entered
such voluntary associations bound themselves
to comply with the rules and regulations of
such bodies. Mr. McCook said that while the
constitutional provision he had cited had no
reference to case rising under the Book of
Discipline Of the Presbyterian Church, it had
been held that the provision Of the con-
| stitution was meant to prevent persons
from being twice punished. In this
case no punishment had been inflicted.
At this point DIR. Bartlett interrupted the
speaker to announce that the trustees and
faculty Of the Columbian University we're wait
ing for the assembly
After a brief discussion the assembly ad-
journed until 8 o'clock.