The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-12-29
CHURCH PROPERTY
Mr.. William nj. Lanning
Discusses Its Legal Gus
toby in New Jersey.
A PAPER
Review Of the Laws Of the State
Right to Vote for Trustees
Conclusions Reached.

Special to the Jersey Cttu Ne1cB.
TRENTON. Dec. %, lsss.-The Presby-
terrain Ministerial Association, at its
regular weekly meeting yesterday, list
ened to a paper upon the topic. "The
Custody and Control of Presbyterian
| Church Property in New Jersey by ex-
Judge William M. tanning. Since Judge
tanning became a ruling elder in the
Fourth Presbyterian Church, a few years
ago. he has given not a little attention
to the ecclesiastical matters prominently
before the church during this time He
attended the General Assembly in Wash
ington. and followed the Briggs case
carefully from end to cpd. Last sumper,
in company with the stated clerk of the
General Assembly. Rev. William Henry
Roberts. D. D., LID, he attended the
a Presbyterian Council at Glasgow.
One Of the engrosslng questions Of the
church of late years has been a phase Of
the question discussed yesterday morning
1.-The Theological Seminary control contro-
versy involving not a few Of the principles
in Judge L~anning's paper yesterday.
It is needless to say that the paper
was an exceedingly able one. and was
listened to with the closest attention by
the members of the association. AT the
close there was a general discussion of
the topic, many questions being pro-
pounded.
Judge Lanning began his paper, ex-
tracts of which are given, by a quotation
Of the general act of the Legislature of
porate trustees of religious societies.
approved April 8, 1875. This act was taken
up, section by section. Upon commenting
upon Sections / and 4 of this act, Judge
Lanning said:-.The religious society or
whose existence is recognized by the act
as preceding the Incorporation of trus-
tees. The first section declares, as we
nave seen, that in providing for the
creation OF a corporate body the trustee
electors may elect any number of said
society or congregation to be trustees;
ana the fourth section, which provides
for the pe~rpetuatIon of the corporate
fill a vacancy created by a trustee NOV
ing, out of the limits of said society or
congregation 1t follows that a corporate
body can be organized under the religious
societies act only out of the membership
OF a pre-existing voluntary association,
called religious society or Congregation.
While q voluntary religious society cam
not hold the title to real estate in its
association name, it may acquire ali the
beneficial rights of ownership b. having
Its property conveyed to some person or
persons in trust for its use. Such rights
will depend upon the nature of the trust,
and the nature of the trust will be de-
termined by the deed of conveyance and
the rules, customs and usages of the So
ciety, and. of the church to which the
society belongs. These rights of an I'M
Incorporated, voluntary religious society,
whatever they may be, provided they are
civil rights, will be fully protected by the
civil courts.
1T may be asked If the courts Of law
will thus protect the civil rights of an
unincorporated religious society, what adj
vantages are secured by the incorpora-
bership of the society. The chief advan-
tage, doubtless. results from the fact that
a corporation has perpetual life, or at
least life for a definite period fixed by
statute, and that title to property held
b.. 1t cannot be shifted about as wher
title IS held by a natural person. On the
death of a natural person holding pro-
perry in trust the title passes, subject,
OF course, to the trust, to his heirs, and
if those heirs should be under q years Of
age 1t would require the decree of a
court to enable them to convey 1t to a
new trustee. 1t Is better. therefore, that
the title should be held by a corporation.
But a corporation 10 the reature of
the State. The State may, therefore. pre-
scribe rules for determining its member
ship, and may also define its powers. BY
441 elf " u 2tClStICS dGl lIe dQtQlDeT-
ship of the corporation is made to depend
upon a plurality of voices of those who
are q years OF age, male or female, who
are regular attendants upon the services
of the religious society or congregation,
and not elsewhere, and who contribute
regularly to the support of the society or
congregation. according to their engage
Tnents, whether as pewholders or by sub
scription. BY this liberal provision, no
member of a religious society are ex-
cluded from voting for trustees except
minors, and they ave no legal power even
to purchase, manage or dispose Of their
of no civil rights, therefore. by being ex-
cluded from the privilege of voting for
trustees of a religious society or congre-
cation. n persons who do not regp-
larry contribute. to the support of e reli-
gfous society or congregation are not its
members"
Judge tanning gave the decision Of the
courts ,ards upon cs which = th hs a s,o opinion esan was
in 1928. After stating the case and deci-
sion rendered, Judge Lanning went on
to say:-tThe rule to be deduced from this
case is, therefore, thiss-That by our reli-
gious societies act the right to vote for
trustees is confined to member of the re-
ligious society or congregation, and that
the membership OF the religious society
or congregation is determined by rules
Of the ecclesiastical Organization or
church to which the religious society or
organization belongs. In the matter of
e1ecting trustees, therefore,, the law of
the State Of New Jersey IS in perfect har-
church law. II our church law should be
altered so as to require all trustees to be
communicate members of the church, the
church law as II now stands would be
out of harmony with the State law which
makes every regularly contributing mem
Der OF a congregation eligible to the office
OF trustee, whether he be a communicate
member OF the church or not. In such
ro1a the Cfafa law Wa4lld control aa I