The herald., 1895-10-16
Celebrated CHURCH CASE
Position of First Presbyte=
rian Church Sustained
The OPINION OF JUDGE Van DYKE
Central Church Is Denied an
Injunction
NO CLAIM TO ANY FUNDS
All Of the Money Belongs to the
Original Corporation
And the Seeding Members Can Take Moth.
ing With Them
A Review Of One of the r1ost Interesting
Ecclesiastical Cases in the History
of the State Legal
Points Involved
And the Seeding Members Can Take Moth
ing With Them

The First Pres byterian church is intact
as a corporation, and as such Is entitled
to the full control of Its funds. irrespec-
tive OF any defection.or break in its mem
bership. Judge Van Dyke yesterday gave
his decision in the celebrated case of N.
l.. Wheeiock and L. f. Henderson, for
themselves and on behalf of the Central
Presbyterian church OF Los Angeles against
the First Presbyterian church of Los An
geles, Robert Jordan, E. A. Miller, l. B.
Newton. J. S. Slauson, ]. G. Salisbury,
J. M. Wilmer, George H. Stewart, D. r.
Brearly. H. 7. Gordon, H. G. Wylie. M.
N. Averv and ]. z. Hoffman. The judg-
ment of the court is that the dem urrer to
the complaint is sustained, the order to
show cause discharged, the injunction
denied and the temporary restraining
order vacated and set aside.
4 This case was argued at length before
Judge Van Dyke, and attracted more at
tention perhaps than any other church
case ever tried in the courts in this part
OF the state. The matter is still pend
ing in the presbytery, the brethren not
yet having settled matters satisfactorily
to themselves. Judge Van Dyke has very
carefully reviewed the whole case in his
opinion, and for the reason that it is of
interest to every church member, it is
given in full as follows:
This is an application for an injunc-
ton to restrain the defendants from dis
posing of or altering the condition of
$23. 1911, "a portion of a larger sum now said
to be in the custody and the control of
the defendants. Miller an dNewton. and de-
posted with them under the terms OF a
contract between the First Presbyterian
church OF Los Angeles, corporation,
and one Robert Jordan. On the hearing
Q demurrer was interposed to the COM
plant and number OF atfidavits filed on
the part Of the defendants, also counter
afidavits on the part of the plaintiffs.
1t is alleged in the complaint that the
First Presbyterian church is corpora
tion duly organized and existing under
the laws of the state OF California by
virtue Of certain proceedings set
out in the complaint. That in
ebruary, 90. the church
premises on the corner of Broadway and
Second streets belonging to SAID corpora
ton were sold in pursuance of authority
duly given such corporation and the
officers thereof for the sum of $55 900.
That shortly thereafter the said corpora
ton bought lot on Figueroa street for
the snm of $1,000 for the purpose OF and
real intention OF erecting thereon a build
ing TO use as place of worship of such
religious society; that said location is
distant and removed from the former
church some two miles, and large mi
nority OF the mem ers of said religious
society have been and are opposed to the
purchase of said property and the loca-
tion of building thereon, and that said
minority, in accordance with the rules
and regulations of said church, filed
protest against said purchase and pro-
posed building before the presDytery of
AnOolpl askInp the said urpSbVterV
to divide said First Presbyterian church
as q religious body into two churches.
That said presbyteIy in May. 1895, upon
the hearing of such protest and petition,
passed resolution formally declaring
such religious socisty known as the First
Presby terrain church of Los Angeles to be
dissolved, and divided the same into two
church organizations or congregations
and constituting the members of the
First Presbyterian church whose names
appear upon the petition, or as many as
may desire, together with Others that
may be united, to constitute a church to
be known as the Central Presbyterian
church of Los Angeles, or by any other
name which they thesmelves may here
after adopt and the presbytrry approve,
and that the residue of the mem bers of
said First Presbyterian church shall also
constitute church to be known as the
Westminster church Of Los Angeles, Cal,
or by any other name (which they them
bytery approve. and constituting tho
pastor of the First Presbyterian church
the pastor of the Westminster church,
and the m EN- bers thereof not signing the
petition to be memb ers of said Westmin-
Dter church. That thereafter commits
sion was appointed by said presbytery to
make an exam nation OF thu matters in
volved, which commission found that 1863
members of the First Presbyterian church
had been formed into the Central Presby
~ barc nf bo
First Presb yteiran church had been
formed into The Westminster Presbyterian
church, and found the property OF the
First Presbyterian church to consist of
lot on the corner of Twentieth and Fig
ueroa streets already referred to. of the
value of $1,000 church furniture Of the
value OF $4,000 and cash Sal 600. and the
commission directed that the First Pres
byterian church OF Los Angel a cor
poratlon. pay to the. Central Presbyterian
church on or before June l, 1895, the sum
or $23. 1911. That the Plaintiffs herein are
mem bers of the Central Presby terrain
church, and they sue for themselves and
the other m EN- bers. That the corporation
defendant has failed and refused to &C.
quesce in the judgment of the Los Ange-
les presbytery as aforesaid, dividing the
congregation and members of the said
First Presbyterian church, and failed and
refused to pay over to the Central PTesby-
TEXAN church, or the trustees thereof for
lbs DcutHlt bDe BUM dSdIutQ Nv Stlu
commission, or any sum, and that
that portion of the religious society
known as the First Presbyterian
church has failed and refused to recog-
nize the division and wIopgfully assume
to act as the First PIesb yteran church
of Los Angeles. Thereafter in June,
1895, at SPECIAL session OF the presby-
terry of Los Angeles, the action of the
saIu special com MISSION of the presbyteiy
dividing the funds of the First Presby-
terian church, and In all other poets,
was formally approved. That the defend
ant the First Presbyterian church. has
entered into a contract with the defend
ant Robert Jordan, for the erection of
church and Sunday school uilding on
the Flgueroa street lot for the sum of
SsS. 900, which sum had been paid over
to the defendants Miller and Newton to
be applied by them on saiu contract for
the erection OF said buildings. The
other defendants are alleged to be men,