Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-30
ST.. Marks VESTRY
Chief Justice Bingham Announces
His Decision. 20
IN FAVOR w TEE FgRBERf- Side
Defendants Required to Turn Over
the Church Property.
AN AP Pc AL NOTE D


Chief Justice Bingham, in Equity Court
No. 1. today decided the long-pending con-
troversy arising out of the disputed cleo
ton of vestrymen in st. Marks parish
Easter Monday last. holding that John P.
Torbert, Walter H. NARROW, VIM. R. Hill
yer. Lexious A. Wood, VIM. I. Kent. John
| r. Keech. Ira H Johannes. Frederick r.
Wallace and Robert ]. Walker were duly
elected TO their respective offices in the
parish. The defendants in the case. Jos.
B. Bennett, Samuel B. Roome. Chas. B.
Fonda, Edwin K. Lundy, Adam Gaddis,
Robert ]. Earnshaw and VIM s. Nichol-
son, were declared by the court to be not
entitled to the offices in the parish now
respectively held and exercised by then
They were enjoined from further exercis-
ing the rights and performing .he duties
of the said offices, and the case was re-
ferred to the auditor. Of the court to state
an account between the parties, the defend
ants being also ordered to turn over to the
compliments the funds and other property
of the parish. The defendants noted an
appeal to the Court of Appeals
The suit was filed the 18th of last June,
the compliments claiming that they alone
had been duly elected by majority of the
legally qualified voters of the parish. and
relief specified by the court today The
case given a preliminary hearing by
Chief Justice Bingham last July, when he
directed that testimony be taken by both
sides, as a preliminary matter to the final
hearing. That was done last summer and
early this fall, the testimony amounting to
several hundred pages of typewriting. and
several weeks ago the case was elaborately
argued before the chief justice by Mr.. ].
Walter Cooksey on behalf of the de-
PENDANTS. and by Messrs. VIM. A: Meloy
and Henry E. Davis on behalf of the COM
plainants.
The Decision.
Chief Justice Bingham occupied more
than two hours in delivering his opinion,
explaining that the case was most deli
cate one, and expressing his regret that
there had arisen any necessity for bringing
the suit into the civil courts. The ques-
tons involved were, he remarked, purely
ecclesiastical. and should properly have
been adjudcated in an ecclesiastical court.
But the parties interested having appealed
TO the civil courts, 1t was his duty to CON-
slider the case and apply the law without
reference to the canons of the church, hut
having at the same time those canons in
view. That much had been conceded by
counsel. he said, although they differed as
to the construction Of the law. The court
then reviewed the details of the case at
great length, remarking that the contro-
Versy had unfortunately assumed fac
tional aspect. much feeling OH either side
having been exhibited.
The one great question for him to decide,
| explained Chief Justice Bingham, was, who
were the lawfully elected officers of the
parish as chosen at the election last Easter
morning? Another question to be deter
| mined was whether or not a court Of
| equity had Jurisdiction in the matter The
| last matter he said had given him much
| trouble. although he had finally concluded
that the case was one to be heard and de-
| termined by court of equity. In fact, he
a n
could alone grant the relief sought. So he
| mad determined that the case was pecu-
liarly one for court Of equity.
Thc Registrnr's Duties.
The court then discussed the question Of
who had been lawfully elected last Easter,
remarking that the main question at issue
was who were those entitled to participate
| in that election. The registrar, thought the
chief justice, has exclusive Jurisdiction in
| the mater of recording the names of those
entitled to vote, although it ie his duty, OF
| course. to place upon his list only those
| entitled to vote. He is not however, the
| final judge of the qualifications Of voters.
that being a matter for the vestry. The
| names of the duly qualified voters, said the
court, must be placed upon the list thirty
days prior to the election by the registrar,
| and by no other person. A list of seventy
one names was made out by the registrar,
| said the court. in due time, and duly posted
| up, and another list of seventy-siX names
! was made out by the rector of the church.
Some on the latter list were lawfully enti-
| tied to vote, and others were not, thought
| the court, but the rector's list, he said, was
clearly not the lawful list. Therefore. he
! remarked, the question Of who were law
| fully entitled 10 vote was narrowed down
| to the registrars list of seventy-one
names.
| Not a Free Church.
| Chief Justice Bingham then discussed at
orsider,lble length the question of wheth-
er the church is free one not, holding
| that while 1: may be true that many of the
| pews or seats in it were not leased or
| owned, yet many of them were so held
| the church was not a free church in that
| matter. Hence. said the court, he had con-
| cluded that under the act of the Maryland
! legislature OF 1T9S. as amended by the act
| of Congress of 1874, qualified voter must
| in addition to other requirements. be an
| owner or renter Of pew or Of a part of
| one.
| Chief Justice Bingham discussed the tab
| uiated results of the voting at the last
| election in the parish. holding that the
compliments had received such a majari-
| ty of tho legal votes. Therefore he would,
| he concluded, grant an injunction. enjoin-
| ing the defendants and all holding under
| them from exercising the rights and from
performing the duties of the offices now
| held by them.
Mr.. Cooksey Appeals.
Mr. CookSey, counSel Tor ue1enSe, thought
| that the court had overlooked his conten-
| ton that the compliments were estopped
| in the matter because of their delay in in
stituting the suit, but Chief Justice Bing-
| ham remarked that he thought the delay
| had not been an unreasonable one. Mr..
| Cooksey then gave notice of appeal to
| the Court of Appeals.
Lost His Pug.
Congressman O'Dell has lost a pug dog
and the members of the detective force