The San Francisco call., 1896-05-28
The Pew.0wnerS Should Take
a Vote on the Ques-
tion.
SOME FIGURES FROM MORSE.
He Says the Church Has Not Money
Enough TO Keep Run.
ming.

Inc lISI IOOHSTSRdllOudl SAuICu Will uOJ
be sold, at least for the present, for the order
of sale asked for by the trustees OF the
church has been denied.
The case was tried before Judge Ange-
lotti of San Rafael who took Judge SIack's 8
place while his honor of Department 10
was trying the Ashley-Baldwin case else
where. George NJ. Spencer and S. G.
Simpson were present to oppose the sale
of the church, and Mr.. Page of Page &
Eells, with Deacon Morse at his elbow
represented the people who wanted the
sale TO go on.
A demurrer to the sale of the church
was filed in the names of Mrs. Amelia w.
Hoffman, J. II. Warren and I. NJ. McDon-
aid. pew-owners in the church. 1t set
forth that the court had no jurisdiction of
the subject of the petition for two reasons:
First, that the petition did not show that
the board of trustees had legal authority
to sell the premises; second, that 1t did
not show that any meeting of the pew
owners or memb bers of the church had
ever been held by which authority was
given to the trustees to hold the sale.
The demurrer further set forth that the
petition was ambiguous. In that 1t could
not be determined therefrom what the cost
of the edifice was, nor whether it could be
sold for business purposes; nor did it
appear how the alleged growth of the City
had removed the homes of most of the con-
gregation to an inconvenient distance from
the building. 1t was further contended
that the petition was uncertain, in that it
did not appear therefrom how or under
whas circumstances the vote was taken
that empowered the trustee to sell the
church.
Mr.. Spencer argued that there was moth
ing to show majority of the pew-owners
had requested the trustees to sell the
church and he said further that by the
rules of the church none put pew-owners
were allowed 10 vote at business meetings.
There was nothing to show even, he said,
that there was majority of the pew-owners
present at the meeting.
Judge Angelotti decided, however, that
most OF the allegations made in the de-
murrer were matters of proof, so he ordered
1t overruled, and the opponents of the sale
were allowed to file an answer instead
The answer set forth that the building
had been erected at great expense, and it
had always been cared for in the best pos
sible manner and is at present in excellent
condition. 1t was further alleged that the
sale would only result in enormous loss to
the church society, as the whole proceeds
would not at the present time, allowing
the highest rate possible, realize more
than $4,000 at the outside, sum exactly
S11, 600 below what the premises cost in
1870.
In conclusion the answer said the prop
erty is rapidly increasing in value, and
there Is every reason TO suppose that in a
few years the property will be worth much
more than at present.
Thomas Magee, the real estate man, was
then called to the stand. He said the
church property is worth perhaps SIPS, ,000
1t would cost at least $75, 600 to purchase
suitable site farther out, and in the pres
ent condition of the market it would be
hard to get more than 500, 900 for the prop
erty. The building he considered worth
practically nothing except for church pur-
poses; in fact, he had heard of one man
who would give $500 more for the lot if
the building were not there.
L. ID. Clement told how the church had
been ke pt up for the last few years by the
crowds which tiocked to hear DR.. Brown.
He attributed the fact that the church was
alive at all to the influence of DR.. Brown.
be said that during the three years Dr.
Brown was in charge the prosperity of the
church increased materially, and that now
that DR.. Brown had gone large proper
ton OF the people had left il.
Mrs. Amelia Hoffman was then called
to tell how she circulated the petition
against the sale of the church and of what
favor 1t met with. Deacon Morse was then
called. He said the income of the church
had been $4600 and the expenses $40, 500.
He admitted, however, that in the SIC. 500
was included all the expenses of the coun-
Gil and of the trials and Investigations of
the scandal which followed. The S4SoO,
he said, was little low. caused probably
by the fact that many people gave up their
pews when the scandal became common
talk.
Deacon Morse said he thought he could
procure a purchaser for the church prop
erty; he thought he could get enough to
build new church, to pay oil the old
debts and to have nearly $780, 600 in the
treasury.
At the end of all the talk Judge An
gelotti decided to deny the application for
an order OF sale. He said there was moth
ing to show that the pew-owners had re-
quested the trustees to sell the church. and
until they had had vote upon the sub:
ject he felt it would be unwise to order the
sale. Mr.. Page wanted to know what the
pew-owners had to say of the matter when
the trustees said there was not money
enough to run the concern, but the Judge
said it was better 70 let the pew-owners
have vote on the subject, and so the
church will not be sold for the present al
least.