The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-09-15


day began an action in equity to COM
pei the First Welsh Baptist church, OF
this city, to reinstate him as a mem
Der. The bill in the case was filed by
Attorney +. G. Newcomb. In it Mr..
Davies says:
/. Inc defendant is a church congregation
located in said City OF Scranton, and duly
incorporated by decree Of the court OF com
mon pleas of Luzene county made the 23d
day Of August, 1855, its charter being re-
corded in the office Of the prothonotary Of
Luzcrne county on the S0h day Of August 1858,
in charter book - at page 1872, copy whereof
is hereinafter set forth and the plaintiff asks
that il may be taken as a part Of this bill.
.. Said church was incorporated for the pur.
poses Of religious worship according to the
doctrines, disciplincs and usages ot the Close
Communi Baptist church of the Eastern as
sociation Of Pennsylvania as by reference to
said charter will fully appear
3. In June, 1869, the plaintiff became mem.
bcr in full communion with the defendant
church entitled to all Of the rights and priv
ilegcs of such member and continued in such
membership until the year 1874 when he
moved from the said City OF Scranton and for
a period of about eight years resided in Lu-
zerne county, in the meantime transferring his
membership from the defendant church to an
other church of the same communion. In 1889
said City Of Scranton and again became a mem.
her Of the defendant church with the rights
and privileges aforesaid and so continued until
May. 1898, when he unlawfully, unjustly
and in violation Of the laws and usages from
his said membership and from that time ever
since he has been denied the rights and priv.
ileges Of a member as well the comfort and
consolation Of religious communion with said
church.
To SELECT 4 PASTOR
T. The plaintiff ayers that previous to March,
1898, a certain committee had been appointed
by said church OF which II. Z. Davies, james
r. Hughes and Luther Lewis members
charged with the duty of securing the name of
a suitable person to be recommended TO the
church as its pastor. At meeting OF the
church some months after the appointment OF
said committee the delay on the part of the
committee being the subject Of discussion, the
plaintiff in good faith and without any nten.
tion to iniure his fellow members or the church
in any Of its relations declared to the members
| then and there present that he had heard the
| three above-named members Of the committee
say that for their part they were ashamed that
| the committee had been dilatory in and
/ about accomplishing anything toward the Sc
| lection Of a pastor.
g. Thereupcn at business meeting Of the
| congregation held on or abou. the oath day
| o. March, 1893, Benjamin Hughes, one OF the
| members Of said church and member of the
| committee aforesaid preferred charge against
| the plaintiff accusing him Of having uttered a
wlful untruth in making the statement afore'
| said.
The bill then goes on to recite that
a hearing was had before a committee,
which reported to a congregational
meeting of twelve persons, when the
following was adopted: Resolved
That we take the name of Eben p.
| Davies off the church books" This
was done on May 26, 1898.
From this action the plaintiff AYERS
he took an appeal in accordance with
the laws of the association, and 'ir
pursuance of such appeal the follow.
ing were appointed to pass upon such
appeal, being each a member of one ol
the four churches of said association
nearest to the defendant church, viz,
John Davis. of Olyphant; L. N. Rob
erts and Vaughn Richards, of Provi'
dence; Samuel Powell, of Taylor, ant
Stephen williams, of Pittston, all o.
Pennsylvania" Continuing, the bill
says:
POWER TO REVIEW.
This appellate tribunal according to the law
and usages of the association Of which it is
member, had power to review the proceeding
of anv subordinate tribunal of the defendan
church and to make such order IN the premise
as to them seemed proper pending a meeting
Of the general conference of the association.
This committee met and organized on the ct
day of July 1898, and after having severa
meetings they effected an amicable settlement {
the matter complained of and accomplished
complete reconciliation on the part of tn
, plaintiff with the brothers who had professe
10 be aggreved in the matter complained
and in connection Herewith the committc
made a decree that the plaintiff should writ
letter OF apology to the said II. p Davies
: j. r. Hughes and Luther Lewis expressing ii
| sorrow that any misunderstanding had been b,
: tween them and that he is greved at havin
, | deduced wrong impressions from their words.
To this order no exceptions taken h
| either party and in cheerful submission TO it Il
- ! plaintiff wrote and sent or delivered the lette
required of him TO the three brothers mel
! toned who accepted them as full satsfactio
for the supposed injury and in attestation there
= each attached his signature to the respecti'
e letter of apology and forwarded it to the con
p mttee Of the four churches.
Notwithstanding his compliance, NJ
4 Davies says he has not been reinstatet
f and he asks that "the defendant churc
q be directed and enjoined by manda
- tory injunction to reinstate the plair
L tiff in his membership aforesaid in th
f defendant church"