The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-04-04
DtCislGa Handed Down Sustaining
His Demurrer.
AN ECCLESIASTICAL QUESTION
Trustees Not Necessary Parties to
sne SUIT co. A Noted Case
Other Matters.

Ia the matter OF Geo. ;. Harris, ct.
al. VS.. The Right Rev Alfred Willis,
Bishop OF Honolulu, bill for injunction,
a decision was handed down yesterday
sustaining demurrer filed by defendant.
The decision Is as follows:
Complainants. as members OF the
Second English Speaking Congrega-
ton of st. Andrews Cathedral OF
Honolulu, bring their bill praying that
the respondent be restrained ~ from
q threatened violation of a certain
agreement relating TO the use by said
congregation of the st. Andrews
church building and premises, and CD
from threatened revocation of the
license of the Rev Alex. Macintosh,
the duly licensed minister and pastor
Of said congregation.
Respondent demurs to the bill on the
grounds, summarized, % and (2) no
cause OF action is stated. (0 non
joinder as parties to the suit of the
Trustees of the Anglican Church in
Hawaii" in the bill referred to, (D
nisjotnder as parties plaintiff Of two OF
said plaintiffs, who are said to be
church wardens, 90 and ca that COM
claimants are not proper parties plain
tiff and are not shown to have been
authorized to bring this suit, 90 that
,he bill is multifarious, and (0 that
this court has no jurisdiction of the
matters alleged in this bill.
The deposition of minister Is pure
iy an ecclesiastical act. There is at
least a presumption that the Anglican
Church in Hawaii and the Church of
England have rules of action for their
swn internal government, covering the
question of the deposition of ministers
present allegations of the complaint on
this branch Of the case, / am OF the
opinion that this Court has no juris-
diction to interfere. The agreement
referred to in the bill does not restrict
the powers of the Bishop, whatever
they may be, to revoke the license Of
the pastor.
In this view it becomes unnecessary
to pass on the objection as to multi
fariousness.
In my opinion the trustees are not
necessary parties TO the suit and need
not be joined as such. No relief is
sought against them, nor Is there any
allegation that they have been guilty OF
any act or omission which would en-
title complainants to any relief agains,
them.
The bill shows that the consideration
Dor the right to use the church as
therein stated, was paid by the congre.
cation and that such right to use and
enjoy the same was granted to the said
congregation as a separate and distinct
organization. The written agreement
referred to was entered into by the re.
spondent on the one hand for the ben.
eft of said congregation as such on the
ether. There is, however, in the bill
nothing to show that complainants
while alleged to be members of the
congregation, are bringing these pro
seedings for the congregation or on be,
half of themselves and the others who
compose the same; and in this respect
think that the bill Is defective, anG
that these compliments alone cannot
apOn the present allegations Of the bill
maintain the suit.
The description Of two of the com
plainants as church wardens" is mer,
surplusage and can neither add to mol
lessen their authority, whatever it may
be. to bring the proceedings.
The demurrer Is sustained
Kinney, Ballou & McClanahar ant
+. NJ. Hatch for complainants: Thomp
son & Carter and A. S. Hartwell for re-
spondent.
Kalanihuia, father of Kalaiuhuiliilii
has petitioned to be appointed guard
ian OF the latter, a minor.
F. w. McChesney has been appointed
Assignee of the estate Of NJ. ]. Silva, O
KAPPA, Island Of Kauai, bankrupt.