The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-12-29

-Iatsi Y Goy Report


from the form Of government Of our
Presbyterian Church.. Whatever powers
OF managing or controlling church proper
Iy lney may possess, must in New Jersey
them by the religious society 81 eongra-
cation itself. The congregation may, If
course, make the trustees its agents for
the management Of all It's temperatures.
WEether wisely or unwisely, 1t perhaps
generally does so. In our church, within
me state OF New Jersey, trustees are
tne owners IN trust OF the bare legal
tile. The members Of the congregation.
who are the cestuis que trust. are the
equitable and substantial beneficial
The religious society Or congregation
canno Of course, confer upon the truss
tees any greater powers of control over
church property than the religious society
OF c-ongregation itself possesses. That
New Jersey, where trustees, as we have
seen. derive no power from our religious
societies act, except that Of mere title
the power to manage and control church
property, n church tenporalities gem
orally. resides in the whole congregation
or n the deacons. or In the session and
deacons jointly, or In any other officers
or persons, depends in New Jersey at
least, on the established usages oil the
ecclesiastical organization. II d particu-
4ar congregation is absolutely Independent
OF any larger ecclesiastical organization,
the supreme power of managing and con-
trolling It's property and temperatures re-
particular congregation IS not Independent
OF a larger ecclesiastical organization, but
constitutes q part OF such larger body,
tne control OF IT'S property and temper
aIities resides where the larger body has
placed t, provided the larger body has
established q rule or usage on the sub
5ect; II no rule or usage has been estab-
resides, as in the case Of Independent con-
gregations, with the congregation itself.
turn now to the power of the ses-
SION q q church to control
the church building for the purposes of
public worship. If our form of govern
ment gave any clear rule on the sub
ject; 1T is obvious hat the civil courts
the rule to have its Intended effect. The
only provision OF the form of govern
ment that seems to me to bear Upon the
subject Is tha9 contained in Section 6 OF
Ghapter y That section declares that
me church session is charged with
maintaining the spiritual government Of
the congregation, But the speciica-
ercise in maintaining this spiritual gov
eminent, given IN the same section, makes
no mention of the control of any church
buuding. And the general assembly it
SER IN constituting this provision, in 1858,
said:-sBy the constitution of the church.,
the session is charged with the super
vision Of the spiritual interests Of the
congregation; and this Includes the right
to direct and control the use of the
building for the purposes of worship. as
required or established by the special
usage Of the particular church, or the
directory for worship And again, Ia
1874. the general assembly said:AThat
the constitution of our church charges
the session with supervision Of the spir-
itual interests of the congregation, and
all services and matters pertaining there
to; and that any action, by the Board of
Trustees. by the congrega-
ton, tending to annul or c~ontrayene in
my YUru cJ1ah cYfnarxriafrz 49, 2--4-& -
Illegal and void,
These deliverances OF the general as
sembiy seem to indicate that, under our
control h church building for the pur-
poses Of public worship is limited, first.
BY the provisions of the directory for
worship, and, second, by the require
ticular church. Subject to these limita-
tons, the power of the session to con-
troll the church building for the pur-
present church law, to be supreme. And
IN New Jersey their power is exactly
what they possess under cur church
law, for the State, as several times
any enactment whatsoever to control the
use OF church property, but has provid-
ed only a safe depository for its legal
From what has now been said. We
may deduce the following rules
A Presbyterian congregation In New
Jersey may continue its existence as 4
voluntary association, without incorpora-
causing its property to be held, in trust,
by natural persons. In such case, how
ever. the congregation must assume all
he risks n trouble incident to such a
holding.
The congregation may elect trus-
tees and cause Them to become incor-
porated. In. such case the trustees will
possess all the powers over church prop
erty conferred by the statue under which
they become Incorporated, even though
law. In New Jersey. however, under our
reilgf0u societies act, trustees acquire
no power to control church property. but
serve merely as depositaries of Its legal
title.
9. Under our present State law, and
our present church law, a Presbyterian
congregation has control of its church
property and all its temperatures, except
where the management of the temperate
ties has been committed to the deacons.
and except such control Of the church
property for the purpose Of public wor-
ship, as may be vested in the session by
the directory for worship or required by
the session from the usages Of the CON
gregation.
a. If our church law should be altered
so as to commit the management Of all
church temporalties to spiritual officers
such Management would, in New Jersey,
Immediately upon the adoption of such al
teration, become vested in those spiritual
officers without any additional legislation
by the State.
$. If our church law should be altered
SO as to commit the management Of all
church temperatures TO spiritual officers,
trustees, in New Jersey, would stin re-
main mere title holders to church prop
erty, and would, with respect to that
property, be subject to the orders and di-
rection of the spiritual officers and not
IN tho soopprnra fipp -