The herald., 1895-07-18
DETAILS OF DIFFERENCES
Which Land Two Religious Bodies in
Department Five
The Complaint Covers Thirty-Two Closely
- Type.Written Pages
A Writ Of Injunction Prayed for Which Will
Tie Up the Original Church Funds
Until the Difficulty Is Set
tied by Jury


Presbyterian church of this city is faml'
liar to the readers of this paper, for the
Herald, from time to time, and as devel-
opments were made, has given to the pub
lie the details of the differences, and as
told of the ever widening breach. Pres
bytery decided that the old First
church should henceforward be known as
Westminster, and that the seceders from
the old First should be known as the
Central Presbyterian church. 1t also de-
cided that the Westminster should give
to the Central a portion OF its funds, or,
to be exact, the sum OF $23, 721. The old
First does not use the new name given it,,
and has not given its offspring the sum
of money designated. Not long ago a
protracted meeting was held with the
view of arranging these matters to the
satisfaction of all concerned, and to ad-
Just these differences. The meeting failed
of its object. 1t was agreed only to fight
it out in the courts In accordance with
that agreement action was commenced in
the superior court of the state of Califor-
mia, in and for the county of Los Angeles,
yesterday.
N. l.. Wheelock and E. T. Henderson,
for themselves and on behalf of all the
churchiof Los ngeles, are the plaintiffs.
The First Presby yterian church of Los
Angeles, corporation, Robert Jordan. f.
A. Miller, l. b. Newton, J. S. Slauson, J.
G. Salisbury, J. M. Wilmer, George II.
Stewart, D. r. Brearley. II. I. Gordon.
H. G.Wylie, M. n. Avery ana J. X. Hoff-
man are made to appear as defendants.
The papers in the case include the COM
plant. aiwrit of injunction, and the or
der to show cause. and cover over thirty
two pages of typewriter matter, and may
well.be termed volumnous. Some of the
salient features are as follows: the de-
PENDANTS are required to appear in the
action brought against them by the
plaintiffs and to answer the complaint
within ten days after service. The action
brought to obtain judgment that the
defendants. Miller and Newton, hold in
trust for the use and benefit OF the Cen
trail Presby terian church the sum of S23,
791, and that such sum be paid over by
such defendants to said Central Presbyte-
rian church, and that such defendants
be restrained from disposing of or alter :
ing the condition of said fund until the
further order of said court. and that the
other defendants and the Westminster
Presbyterian church have no interest in
Elch fund.
On the verified complaint of the plain
tiffs it is ordered that the defendants
show cause before the court at 10 clock
IL.
department No. 5 of said court why an
injunction should not issue restraining
the defendants during the pendency of
this action from disposing of or altering
the condition of the certain sum OF $23
791.
The com plant starts out with what the
Presbyterian church of the United States
of America is. and how it is governed by
the general assembly, the synod and the
presbytery, which latter has territorial ju
risdiction and is limited in its action.
Then comes the history Of the First Pres
byterian church of Los Angeles dating
from the year 1873. the year of its incor-
poration, down through succeeding years
to the time Of the recent meetings or ses-
sions of the presbytery beld in tnis city
and in which the division of the said
church was effected and the apportion-
ment OF its property was made.
That after the passage OF such resolu-
ton by the said presbytery it appointed
q commission which found that 369
members of the original church had been
formed into the Central PRESBYTERIAN
church of los Angeles, and that 422 mem
bers had been formed INTO the Westmin-
ster presbyterian church.
"That the said commission found that
the entire property of the old First con-
sisted OF a lot at Twentieth and Figuerca,
valued at $1,000 church furniture, 5000.
and cash, SAL, 900. and that it made the
DIVISION previously Stdleu. lDdI IL is the
intention of the Central Presbyterian
church to obtain lot for the erection of
a church building, and thereafter to con-
duct therein religious services. That the
said corporation defendant has wrong
fully and unlawfully failed and refused
to acquiesce in the judgment of the pres
bytery, and refuses to pay over to the
said Central Presbyterian church the
sum OF money directed to be paid. That
it has entered into a contract with one
Robert Jordan, defendant. by which,
tor $38. 900, the latter is to erect church
building, and that this sum was paid to
Miller AID Newton, as trustees, but that
the said money has not been paid to the
said Jordan. That at the time of the
making of such contract the defend
ants. Jordan, Miller and Newton had full
knowledge that the presbytery had divid-
ed the First Presbyterian church and had
apportioued its funds, and that they
having knowledge of all such facts, acted
in violation of the trust upon which such
defendant corporation held title TO the
funds.
"Wherefore plaintiffs pray that it be
adiudged that the defendant, the First
Presbyterian church of Los Angeles ard
the defendant. Miller and Newton. do
hold in trust for the use and benefit of
the Central Presbyterian church the sum
of $23. 791. and that such sum be paid
over by such parties to the duly elected
trustees of the said Central Presbyterian
church"
A. NJ. Stephens and Shirley C. Ward
are the attorneys for the plaintiffs.
Beyond the Reach of Flies