The herald., 1895-09-29

in the report were adopted by the Pres-
bytery.
At the last days session of the Presby-
terry the prosecuting committee above
named reported the cahrges against the
Rev. Howard in substance as follows:
The Presbyterian church IN the United
States Of America VS.. the Rev. Burt
Estes Howard.
Charge /. The Presbyterian church in
the United Statessof A m erica charges the
Rev. Burt Estes Howard, minister IN
said church and a member of the Presby..
terry Uf Los Angeles, with violation OF
his ordination vow promising subsection
to his brethren in the Lord.
special committee of five appointed by
the Presbytcry to meet with the pastor
ana session Of the Westminster ehurch,
at a meeting held June 81, 1880, IN reply
to question 2. that he would not submit
to the authority of the Presbytery.
Specification 2. To the said committee
snd at the same time and place, in re-
Spouse to question 3. put to him as
member of the session by the SAID COM
mittee. Twill YOU submit to the action
of the Presbytery constituting the West
minister church of Los Angeles?" he an
swered, mo"
Specification 3. In an address delivered
to the congregation of the Westminster
PRESBYTERIAN church Sunday, June 30.
1895, IN Illinois hall, Los Angeles, and
published Monday, July /, 1885, in the
Los Angeles Herald, he declared:
"The third question asked was in rela-
ton to our position in the future as TO
whether we would submit to the name
Westminster and use it in our future
proceedings and letters. We answered
unanimously that, while offering no dis
respect for the Pres bytery, we would not
submit
THE real question which You must de-
nxdo Inv I'm inht
whether you will stand by the Presby-
terry which removed. first, your name,
and with it your honorable place in the
history of Presbyteri anlsm in California;
then removed your session, and will re-
move your pastor and the session, and
share the ecclesiastical fate which awaits
them
Specification 4. In the said address he
ADVISED the congregation not to submit
to the authority of the Presbytery. but
advised them to abide By the decision of
the pastor and the session in refusing to
submit to the Presbytery's authority,
claiming that if they did so the Presby-
terry would sever them from the denomi-
nation and disband them as church
advising the congregation to refuse the
action of the Presbytery, claiming that
thereby they would be cast forth and
that be would go forth with them with
out the gates of decentralization.
The com I'm ittee also reported the speci-
hcations and charges against the ruling
elders They were similar to those drawn
up against the Rev. Howard, reciting their
characterization in refusing to be guided
and directed by the action of the presby-
terry and tagrantly dIrsegarding its be-
hests and directions.
This ended the work of the presbytery,
and an adjourn ment was taken until Oc-
tober 10th, when the session will be re-
convened at the East Los Angeles Pres by.
terrain church, where the trials will take
place.
THE REV. HOWARD TALKS.
The Rev. Burt Estes Howard was seen
last evening at his residence on Orchard
avenue. Rev. Howard had Just been
served with official notice to appear on
October 10th to answer to the charges
above printed. Iu answer to question
as to whether or not he would recognize
the action of the presbyterv in citing h i'm
to appear for trial, the reverend getle.
man said:
ooh, yes; I have already accepted SER
vice and will appear before tho presby-
terry in my own defense. The elders will
do likewise. Our defense has not yet been
outlined, and we are not prepared to
make any public statement concerning
it until it is.
you see, this is in the nature of a
test case. We claim that the Presby terry
Los Angeles last May, exceeded their
jurisdiction in dividing the First Pres
byterian church and wiping ii out of ex
istence. This case against us will deter
mine what the jurisdiction OF the Pres
byterv really is. You, of course, UNDER
sstand that the fact that the charges have
been brought against US is in no sense
reflection upon our moral character.
There is one respect in which the &C.
clesiastical court, at least of the Presby-
terrain church, differ from the temporal
courts. In our ecclesiastical corrts
the same parties constitute witnesses,
prosecutors, jurors and judges. This is
not the case in temporal courts.
Certainly. We have the utmost faith
in the outcome of the case, for we feel
convinced that we are right. In any
event we have. the right of appeal if we
pated the action the Presbytery has
taken, and it was really no surprise.
What has been done will not interfere
with the work oil our new church edifics
on Figueroa street. 1t will go steadily
forward and will be completed as soon as
possib
Whatever the result OF the ecclesiastical
litigation is, it will in no way interfere
with the civil litigation pending in the
superior co lrts over the $54 900 obtained
from the sale of the First Presbyterian
church property. The injunction pro-
ceedlngS pending De1ore Judge Van Dyke
Will be decided and then later the civil
suit of the Central church to recover
$24, COO of the 3D., QUO will be tried on its
merits.
The presbytcry has recommended that,
pending decision OF the case, all letters
of demission granted in the name of the
First Presbyterian church be corrected by
the church receiving them so as to show
dismission from the Westminster
church of Los Angeles.
1t will be seen by the above review of
the whole church difficulty that the
trouble has reallyssonly commenced and
that it's settlement is in the distant
future.