The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1897-10-16
THE CREED QUESTION.
A LEGAL DIFFICULTY.
BY I. f. BALLARD,
OF the Indiana Bar.

VIE pToPoseu SOnonO"'i'
amendment now pending be-
fore the General Convention means
that the entire Winchester Profess
sion of Faith shall be taken out of
our organic law, and wholly differ
ent statement of faith placed in its
stead. 1t means that the denomina-
tion shall be authoritatively taken
off of its Bible foun at on aud be
placed upon the basis of rationalism.
lie it is adopted, the money and prop
erty held in trust by the denomina-
tional organizations will no longer,
in the eyes of the law, be devoted to
the promulgation of the faith of our
founders, but will be diverted to a
new and different purpose from that
intended by the original donors.
The property rights involved are
enormous. These rights must be
determined, not by the votes of
ecclesiastical councils, but by the
civil law of the land. The law does
not say what men shall believe or
how they shall worship, but it does
Law down fixed rules for determining
the right of property even in the
most sacred thing. One rule is that
all church property IS held IN trust
for the purposes for achich the church
l. e Lot oh
property cannot, either directly or
Indirectly, be diverted from the patr-
pose for aChich 1t ,Cas originally giUen.
A correct application of these prin-
ciples will settle the present contro
versy, by declaring the proposed
amendment out of order.
The case OF Hale vs.. EUerett, 50 N.
H. 8 Q6 Am. Rep. S2) is decisive of
this question. A church had been
founded and designated as "Uni-
tartan Society of Christians" and
under that name valuable church
property had been acquired by sub
scription and donations. Later the
preacher and majority of the
society entered upon the promulga-
ton of a new faith, in which they
denied the supreme authority of the
Bible and repudiated the original
doctrines of the Unitarian church
The minority division of the society
brought suit to prevent the teaching
of rationalism in the house dedicated
to Christian Unitarianism, and the
supreme court decreed that the
minority, however small, were en-
titled to the property, and that those
who had forsaken the original faith
of the church must worship else
where The doctrine of this case is
fully supported by the decisions of
the highest courts of this country.
If any case can be found in which
court has even intimated contrary
view, it will be found to rest upon
some local statute which has no
application to the general question
now under consideration.
In the case of Ferraria vs.. Vdscor-
ceIlos, 81 Ill. 25, Chief Justice Cation,
speaking for the Supreme Court of
Illinois, says: "As matter of law
as / understand the decisions, the
rule is, that where a church is erected
for the use of particular denomina
tion, or religious persuasion, major
ity of the members Of the church
cannot abandon the tenets and doc
trine of the denomination and retain
the right to the use of the property;
but such secessionists forfeit all
right to the property, even if but
single member adheres to the origi-
nal faith and doctrine of the church.
The rule is founded in reason and
justice, and is not departed from in
this case. Church property is rarely
paid for by those alone who there
worship, and those who contribute to
its purchase or erection are presumed
w w oO WIN lOAOlOuCO w q
lar form of worship, or to promote
the PRONUNCIATION of teachings of
particular doctrines or tenets of
religion, which, in their estimation,
tend most to the salvation of souls;
and to peryert the property to another
purpose, is an injustice of the same
character as the application of other
trust property to purposes other
than those designed by the donor.
Hence it is, that those who adhere to
the original tenets and doctrines for
the PRONUNCIATION of which a church
has been erected are the sole bene-
ficiaries designed by the donors; and
those who depart from and abandon
those tenets and doctrines, cease to
be benefciaries, and forfeit all claim
to the title and use of such property.
These are the principles on which all
these decisions are founded; and so
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