Evening star., 1897-02-13
INJUNCTION DISSOLVED
No Entrance for Mr.. Lambkin Into Salem
Church.
There May BE Trouble Tomorrow
Judge COx's Decision Rem
dered Today.

The temporary injunction which the Rev
S. Geriah Lamkin. colored, recently secured
from Judge Cox, restraining the trustees of
Salem Baptist Church from preventing him
from entering the church and exercising &
his pastoral duties, was dismissed by the
judge this morning. In the presence of a
great throng of church members. represent
ing both sides to the controversy the Judge
decided the case.
In disposing of it Judge Cox said the af-
fidavits filed by either side were very con-
ficting. and practically left the controversy
where it was on the bill and answer Of the
parties. The judge said that he had much
doubt of the power of the court to inter-
fere in the matter. for it appeared that
the contract entered into between the
church congregation and Mr. Lamkin
seemed to be one for personal services.
The first contract was for one year. but the
second. an entirely new one. was for an
indefinite period, and the three months
notice provided for in the first one did not
apply to the second. So ii seemed that
the subsequent contract could be revoked
at the pleasure of either side.
1t appeared too, that the pastors COM
pensation was only through voluntary con-
tributtons of the church members Hence
If they go desired for any reason whatever
they need not give him anything for his
services. and he could not collect from
III.
no property right involved and that there
fore the pastor is not entitled to an injunc-
ton.
The judge said he had no doubt whatever
that the meeting Of Monday last was a
fair one He was, he said, surprised that
children were allowed to vote, but he was
confident that there Is q majority against
the pastors continuance. Hence. 1t SEEM
to force Mr.. Lamkin on the congregation.
even IL he had legal and equitable right
IN the matter, when half or more of the
congregation are opposed to his retention.
his usefulness to the church is at an end,
and. whether the charges of immortality
preferred against him are or are not true
IT seemed clear that for the reasons stated
the court should not further interfere In
the matter. II Mr.. Lamkin explained the
judge, has been wronged he has q remedy
by suit at law, but none which requires an
equity court to grant him the relief asked
he would dissolve the Injunction and he
signed an order to that effect.
Mr.. Jones inquired in what condition the
courts decision left the parties, and was
informed by the judge that they were left
where they were before the injunction was
Issued II so desired. proof could be taken
on both sides, and then there could be q
final hearing in the matter. Mr. Jones then
said he will advise Mr.. Lamkin that he
has as much right to enter and preach in
the church now as he had before, and he
tntimated that his client will, supported by
his adherents, attempt to do so tomorrow
Judge Cox merely replied that that is
something with which the court has moth
ing to do, and that Mr.. Jones would have
to act on his own responsibility.
To Mr.. Jones Mr.. Lee stated that a copy
OF the courts order will be placed in the
hands of the police and he explained that
II Mr.. Lamkin attempts to reassume his
pastoral duties tomorrow the police and a
majority of the congregation of the church
will see that he is prevented from SO doing.
1t Is more than probable therefore, that
there Will be a very lively time at the
church tomorrow, for the moment Judge
Cox concluded his decision this morning
the trustees placed the church under guard.
They declare that under no circumstances
Will Mr.. Lamkin be permitted to reas-
sumo his pastoral duties.