The evening times. [volume] (Washington, D.C.) 1895-1902, 1895-12-30

Chief Jusatice Bingham, in equity court
No. 1, today delivered an opinion in de
cision OF the st. Marks parish controversy
affecting the validity OF The title 10 office
held by the wardens and vestrymen chosen
at the election of Easter Monday, 1895.
The decision Is in favor Of the complain
| ants, and an Injunction was ordered to
issue, as prayed for, granting relief. and
| rest raining The def naan.s, Eessrs. Cook
sey, Benedict and Ramuge from in anywise
interfering with the eompIatnanls. Messrs.
NARROW Hiiiyer and Wood In TIE exercise
of their rights as church Officers.
The circumstances, briefly stated, are that
the board OF vestrynen notified the three
co,nplainants named 10 attend certain
| meeting. with notice that In case they did
not respond their places wonid be declared
| vacant. Their deposition followed. and
| the suit resulted.
The defendants are required to make
an accounting TO cocnplainants and to turn
over all property. books. and papers that
may have come into their possession. the
cOmp!ainants being vested with authority
to receive them.
ECCLESIASTICAL QUESTIONS.
The CHIEF justice introduced the subject
by expressing regret that there should be
necessity for the bringing of an action
Of this character In the civil courts. The
questions involved are purely ecelesias-
tIcal and should properly be adJudicated
in an ecclesiastical court
The questions To be determined are:
First. VINO were the lawfully elected
officers as chosen at the Easter Monday
election or 1895, as II was constructed?
Second. When this Is determined. there
arises another as 20 whether or not this
court has Jurisdiction to settle and deter
mine that issue.
The chief justice said he was una bic TO
discuss in detail all OF the matters in
voived, He had. however, paid strict at
teDtion TO the counsel, TO the testimony
and has consult ed the authorities.
A point raised. incidentally, was as to
whether the election held was in all re-
spects according to law. and in this con-
sideration the question of Illegal voting
comes up, and whether the pia intiffs were
not by their conduct estopped from bring
ing this action. 4
THE VOTING PRIVILEGE.
The qualifications Of membership and OF
the voting privilege were ali defined under
the statute of 1893. as enacted by The
legislature Of MarylaDd, and now in force
except in SO far as it may have been
modified by an 40; of Congress, passed in
meant male white Bemirers over twenty
one years old. who had, under the first
law, resided in the parish for six months
prior to the election, and this was mod
flied by the lawiof,1S14 TO me u male
members, and there Were some OF the re-
strictioDs removed. But In order 10 be en-
titled to vote the member must be en-
tered on the books and shan contribute
such sum, not exceeding So, as may be
prescribed"
The court held.tebseutialiy. that the list |
OF the voters posted by the register as |
required, thirty days prior 20 the election, |
and which embraced seyeDty-one Names |
contained the QUALIFIED voters aud that no |
Others were entitled 40 participate in the |
election. There were some included in the |
list oil twenty-six VINO were unquesIlonably |
eligible. but If not returned by the register |
Us qualified they were disbarred.
THE REGISTERS DUTY.
There is no doubt. be said. that the regis
ter must keep the book, and he must pre-
pare the list of voters, which must be closed |
thirty da Us prior to the election. The regis |
ter has exclusive control, and cannot dele |
gate his prerogatives or authority TO any |
one else. TIE entries must be made by him |
or under his direction and with his knowl- |
edge. If any one appeared TO have voted |
Illegally the vote could be challenged. and
IL Wouiu pt TUG dutN NtStil "
determine as to his right.
The list which the rector is shown to have |
Kept was not the one Ia be used as guide.
The rector was obliged Ia at once notify the
register OF any entry ne may have made. by
virtue OF the church canon. The registrar |
is authorized and required by the law to
keep all of the records. He takes an oath OF
office 10 bond his conscience, require
rneit plated upon no other official. and he is
obliged, under penalty, to make all proper
The chief justice disposed OF the question
of Jurisdiction by stating that after careful
resea rch nc had come TO the conclusion that |
this was just such a cause as should Come
before an equity court. II was delicate |
question. he said, and had given him more
Than any other point.
The case was warmly contested, and the
reading 8f the testimony and records alone
occupied the attention ofthe court for almost
two weeks. The attorneysin The case were,
for cumplainauts, Messrs. ". A. Meloy
and H. Z. Davis; for defendants. Messrs. ].
Walter Cooksey and W. Z. Choate.