The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-12-06
DUBSITES DEFEATED.


he surrendered.
At the civil court in Pottsville on satur-
day Judge savidge decided the law suit be-
tween the adherents of Bishops Esher and
Bowman, of the Evangelical Association, and
the adherents of Bishop Dubbs, who seeded
from the Association The suit hinged on
the ownership of the Evangelical church in
Tamaqua and aroused much interest as the
same condition Of affairs existed not only in
connection with the Evangelical church in
this town, but in almost all cities and towns
in the United States having churches Of that
denomination. The local Dubsites sur
rendered their old church, however, and
yesterday marked the first anniversary of
the opening of their new church. on North
Jardin street. In dsposing of the case on
Saturday Judge Savidge took il out Of the
hands Of the jury and declared that the fol-
lowers of Bishops Esher and Bowman were
entitled to the property. Last week court
in Illinois decided to tho contrary in sim
liar case between the same factions.
In reaching this decision Judge Savidge
says
The trustees of the Evangelical church
hesitated taking the property until the com
pany would relinquish their right to the for
Ieiture clause in the deed of the Baptist con-
gregation. 1t is the undisputed testimony
that a committee of the trustees of the
Evangelical church conferred with the sup
erintendent of the company in reference to
this matter. He told them if they got an
assignment from the Baptsts to use the
premises for church purposes, it would be all
right. Otherwise it would revert back.
1T is contended by the defendants who
hold deed from the company for the lot
dated 1894, that the Evangelical Association
got no assignments. We think the acts and
declarations of the superintendent at the
time were sufficient, and they work as an es-
toppel,
1T is contended that the Superintendent
did not have the power to permit the assign
ment by the Baptists; that it would have tC
| be acted upon by the board OF directors
/ We think that where a corporate body places
/ its business in the hands of an agent, his
acts are quivalent and there can be nc
estOppe!. 1t is conceded that this superin.
| tendent knew what was to be done-that the
| Evangelical Association was purchasing the
property from the Baptis;s and what theI
| purpose was. The company permitted the
| Evangelical Association to expend large sums
| Of money on a church on one of the prin
| cipal streets of Tamaqua. The church wa,
dedicated with the assistance of the Masonic
order and according to the rites Of the Evan
| gelical church. They permitted the churcl
to be used in this manner for "a years, and
under the circumstances there can be NJ
estoppo.
There can be no doubt that tho It'll,
| of this church was in the Evangelical As
sociation prior to the split in 1891. They
had occupied the church for upwards o
30 years and had acquired the edifce by
! possession. So we conclude that in 1S9t
and 1891 the title of this property was il
the Evangelical church of Tamaqua. Tht
church was chartered in 1867 by this cour
this same Evangelical church-the onl,
one in Tamaqua-to The Salem Evangel
ical church of Tamaqua. By the terms o
that charter the church became member o
the Evangelical Association of Nortl
America, and subject to its rules and disci
pline.
THE only true, legitimate organization
under this charter was the one which ad
hercd to the rules Of the Evangelical Asso
citation of North Amcrica-represented b.
The plaintiffs in this case.
1T is admitted here that the defendant
do not adhere to the rules of the Evangelt
cal Association of North America The
severed their connection with it. "FU
some time there were no trustees of tn
party which adhered to the indianapolis cor
yention, but they held their religious meet
5 ings. Under the law it was not necessary t
, elect the trustees on the day mentioned
they may be elected at subsequent time
1T is unfortunate these difficulties arose, th
power Of the church for good has bee
weakened by trouble. 1t is unfortunate fo
the majority represented by the defendant
in this case, who have contributed moro tina
o the other party. But the case must be de
cided on the law We therefore direct vel
dict for the plaintiffs for the possession
the property the deed to be placed in tn
hands of the trustees"