The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1898-11-29
SAYS PLAINTIFFS STATE no
CAUSE OF ACTION.
Anglican Church Controversy is One
Exclusively Within the Jurisdiction
of an Ecclesiastical Court.

! Bishop Willis has made answer to
| the uIIl OF complaint OF the second
Congregation. ne ucmurs 10 the unl
Tor eIgnt specific reasons and divers
other good causes appearing in said
bill lie prays Ito be hence dismiss
| ed with his costs and charges in this
! behalf most wrongfully sustained.
| The bill sought To restrain him from
his threatened revocation of the Ii
cense of the Second Congregation and
of its minister, Rev. Alexander Mack
intosh, on the ground of property
rights in the Cathedral building and
an agreement in relation to the use of
| it. One of the bishops grounds of de-
murrer is that the Trustees of the
! Anglican Church in Hawaii" who own
the property, are not made parties to
the bill.
The demurrer was filed this morn
ing. The bishop is represented by
! General lIartwell and Lorrin \.
| ThurStOn.
| The text of the demurrer follows:
The demurrer of the Right Rever-
end Alfred Willis, Bishop of Honolulu,
to the bill of complaint of George S.
Harris. W. l.. Stanley, Z. w. Jordan,
j. W. Podmore and T. NJ. Starkey, the
above named plaintiffs.
The defendant, by protestation, not
confessing all or any of the matters
and things in the plaintiffs bill of
complaint contained to be true in such
manner and form as the same is there
! i'm set forth and alleged, doth demur
to said bill. and for causes of demur-
| rer ShOweth
/. That the plaintiffs have not in
| their said bill made or stated such a
case as entities them in a court of
equity to any relief against him as to
the matters contained in said bill or
any of such matters.
. That the said bill does not con
! tain any matter of equity whereon
! this court can ground any decree, or
give to the plaintiff any relief
against this defendant.
,. That it appears by the said bill
that a corporation existing under the
laws of the Hawaiian Islands. having
the corporate name of the Trustees
of the Anglican Church of Hawaii"
owns in fee simple and has the eN-
elusive control and management of the
said St. Andrews cathedral buildings.
the grounds and appurtenances there
to, and that said corporation manag-
es and controls and has the right to
manage and control said property
through said trustees and not other
wise" and also that said corporation
| has consented to certain agree
ment' mentioned i'm said bill and in
] III, l,.t IL 4 Al
which said agreement the said bill is
! founded, and that said corporation is
a necessary party TO the said bill and
yet is not made a party plaintiff or
defendant herein.
1. That it appears in and by Para
| graph of the schedule forming part
of Exhibit "A" that "the duties of the
church wardens of such dis
tinct congregation are limited
to the maintenance of order
among their own congregation during
the time of public worship, the dis
posal with the minister of money
given at the offertory, and the
oversight of the clergy and laity of
that congregation in respect to their
observance of and obedience to the
laws of the church," wherefore the
church wardens of such distinct con-
gregation have not, and none of them
have, any title or interest in the mat
ter which is the subject of this suit,
and are not, nor are any of them, en-
titled to any relief against this defend
ant as to the matters contained in the
said bill or any of such matters.
5. That the said bill fails to show
that any or all of the plaintiffs are
entitled to any relief against this de-
fendant as to the matters contained
in the said bill or any such matters.
6. That the said bill seeks relief in
respect of several distinct matters
which are disconnected with each 9TH
er and are not properly joined in the
same BILL to-wit: in respect of the al
legged violation by this defendant of
the said agreement concerning the use
of said cathedral and i'm respect of the
alleged claim of defendant of his right
to revoke and his alleged threat to re-
woke the license of the duly licensed
pastor of the said congregation, and
that the said bill is multifarious.
Z. That the said bill fails to show
that the said plaintiffs have any right
to bring this bill in the name and be-
half Of the Second English Speaking
Congregation of st. Andrews Cathe-
dral.
5. That this court has not iurisdic-
ton of any of the matters or things
alleged or set forth in said bill, the
same being solely and exclusively
within the jurisdiction of an ecclesi-
aStcal court
Wherefor and for divers other good
causes of demurrer appearing in the
said bill, the defendant doth demur
thereto, and humbly demands the
judgment of this court whether he
shall be compelled to make any other
or further answer to the said bill. and
prays to be hence dismissed with his
costs and charges in this behalf most
wrongfully sustained.