The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-12-27
CHURCH IN CHANCERY.
Injunction Suit Brought By
Robert Fair Against First
M. E.. Bloomingdale.
BOOK OF DISCIPLINE IN COURT
Bloomingdale Trustees Re
strained From Ejectment
Proceedings.

NlC0-CRdnCeiiOf G1lilty
this morning an injunction suit brought
by Robert Fair of Pompton, Passaic coun-
~. against the trustees of the First Meth
odist Episcopal Church of Bloomiilgdale,
to restrain them from interfering by eject
ment proceedings from the ownership OF
la tract of land at Bloomingdale. From
the bill it appeared thai the Blooming
dale Church sold their old property in
| BIoomingdale, Passaic county, and built
a church on the other side of the Pequan-
! mock River at Butler, in Morris county
An opposing element in the churen
brought a suit of ejectment against Rob-
ert Fair, who had bought the property on
the ground that the title of the deed OF
conveyance to him from the trustees was
defective.
During the argument on the case this
morning, the unusual spectacle was pre-
| scented Of the Vice-Chancellor and the
lawyers reading from the Book Of Doe
trine and Discipline of the Methodist
Episcopal Church of the United States,
with a side discussion of the doctrine or
! Apostolic Succession of the Protestant
Church of England.
ssWho are the defendants in this case:
asked the V~ice-Chaneellor.
aDavid R. Sloan, John H. Vreeland,
! Sebra Mcintosh, JOIN T. Dreher and y
III. Provost" replied the counsel.
Nov. as | understand it, there IS a
question here Of the wording Of the Book
of Discipline, here as to the wording OF
the electionAof trustees. / think we ought
to have an expert here to point out the
| changes in h a book, and | understand
the General Conference of the Methodist
| Church, the United States changes It's
book every four years. Read your Dill
as to the original deed now in the case,
said the Vice-Chaneellor.
Counselor Billar, for Mr.. Fail, said
that in April, 1913, one Martin Ryerson OF
| Pompton, conveyed some land containing
the twentieth part of an acre to john X,
| Sisco. Peter Maby and Henry Drew Tor
$40. The deed said that the land was for
the purpose of building a church thereon,
to be held by the trustees forever Be
cause it did not contain the word heirs
an the legal troubles now in progress
were caused.
"A Church was built and a parsonage
continued the lawyer. '.Along about 1887
the church contained 400 members, So
| being in Butler and so in Bloomingdaie.
At that time "a man named Richard
| Butler donated to the trustees Two large
tracts of land in Butler for the purpose OF
building thereon a church, which was
done. but the trustees finding that they
| couldn't keep both churches decided 10
sell the B-leomingdale church Two offers
were received: one from w. c. White for
81. $50. and that of Robert Fair for S2,loo.
Fairs offer was accepted and the safe
was confirmed by the Quarterly Confer
! ence of the church."
AT this point counsel for the defendant
| trustees interrupted saying that accord
ing to the rules laid down by the Book
of Discipline the pastor and presiding
! elder must consent to the sale and that
consent had not been given.
why do they Oppose the sale?3 asked
the Vice Chancellor of the defendants
counsel
Counsel for the Bloomingdale trustees
said that when the Butler people decided
to sell the chapel the congregation OF
Bloomingdale decided to keep their own.
place of worship and oppose the sale by
the trustees, whose title was defective.
rs your Bloomingdale church incor-
porated under our laws?" asked the Vice
Chancellor.
eyes, was the reply, "and We contend
that since all the original trustees named
in the Ryerson grant "a died the land
reverts to Ryerson's heirs, from whom we
have obtained our deed at Bloorningdale,
and the Butler trustees have no right TO
sell our land, 2 replied the lawyer. Their
election as trustees is not according to
the original intention of Ryerson, nor in
accordance with the rules of the Book of
Discipline. and further. your Honor, they
were not incorporated under the laws of
New Jersey at the time of the sale to
Fair
-"You contend, then said Mr.. Pitney,
their election as trustees is invalid and
Illegal, but it seems to me that these But
Ter trustees. or trustees of the church at
the time of the split, were reorganlzeq as
such under the State laws; In england
: the supposition is that the bishops OF the
Protestant Church consecrated by. the
laying on of hands. descend in line from
the Apostles. Now some say, that the
/ idea of Apostolic succession during the
dark ages is ridiculous. daughter among
/ the lawyers inv which the Cours joined;)
| But that because of a break the church
government doesn't exist is absurd, Just
SO in this case. What are you going to
say where a religious society has been in
existence, regularly recognized by the
laws Of the State and the General Com
ference of the Methodist Episcopal
Church Of the United states2 You must
take the legal questions out Of the case.
II is purely a question of equity.'
Counsel for the Bloomingdale Church
contended. that the deed from Ryerson
was also defective because it did not con-
tain the word heirs. The legal titie
dropped when the old trustees died and
the land then came into the hands O the
cisco, from whom the Bloomingdaie trus-
tees held their title to the church. Ihe
had no jurisdiction over the land in the
township of Bloomingdale and eonse-
quentiy the sale Of thar property to FAR
VII rba Wee Chancellor said that the fact