Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-29
HITCH IN TALBOT CASE
REPORTED COURT DISQUALIFIED
UNDER NEW CANON.
Board Not Properly Constituted to Act
Upon the Question Involv-
ed-Jurisdiction.

1t is reported at Philadelphia that there
will be no hearing of the charges against
Bishop Ethelbert Talbot of the diocese Of
central Pennsylvania, by the court recently
appointed by Bishop Tuttle. This is the
statement made by churchmen who are well
posted in the canonical law of the Epis-
copal Church. A complication has devel-
oped. which they say will put stop eff
fectually to the proceedings of the court
of inquiry as now constituted.
The trouble comes from a recent change
in the canons of the church regarding the
appointment of a court of that nature. The
first intimation of the troubles comes In
the shape of an editorial in the Church
Standard, the oldest organ of the church
in this country. In the issue of the Stan
dard, which appears today, Rev. DR.. John
Fulton, the editor, says in reference to the
Irvine-Talbot case that the presiding bishop
has constituted the board of inquiry under
a canon which was superseded by new
canon of the last general convention.
The new canon will come into operation
on January ], 1905. The board OF inquiry
is called to meet on January 10, and when
it does meet on that date it will not De
constituted as the new canon requires II
will, therefore, have no power to proceed
with the inquiry for which it is called.
Too Many Members on Board.
Rev. DIR. w. B. Bodne who will be
chairman of the committee on inquiry, in
an interview tonight considers very i'm
portant the conclusions of DR.. Fulton. Dr.
Bodine explained that under the canon,
which expires on January !, a court of
inquiry is composed of sixteen members.
The new canon provides for court or
board consisting of only ten members.
These must be appointed by certain blshops,
designated by the canon. AS the new canon
is not yet in force, no court can be chosen
under its provisions, and one chosen now
to comply with it would, it is claimed, have
no legal existence now or at any other
time.
Men versdd in church law say that the
only course now left is to let the present
court meet on the date named 1t can
then decide that 1T no longer has )urls-
diction in such matters and refer the mat
ter back to Bishop futile, the presiding
bishop, for further action.
Mistake Occurred Last August.
The mistake or oversight arose, 1T is
said because the movement to procure
presentment against Bishop Talbot was
begun last August, and those who had
il in hand failed to take cognizance of
the change in the canonical law when 1t
was made at the last general convention.
night that he had received the present.
ment and that it will not be made pub
lie He also said he had received a letter
from the Rev. DIR. Morgan Dix of New
York who declined to preside at the in
quiry. DR.. Dix, in his letter, says i'll
health prevented him from serving.
Dr. Bodine further said that the COM
mittee of inquiry can do but one thing,
and that is to decide whether the case is
big enough to go to the church for trial.
No Clerical Selection.
Bishop futile, the presiding member of
the house of bishops of the Protestant
Episcopal Church at New York, has not
vet selected clerical member of the
board of inquiry that is to hear the case
against Bishop Talbot of central Penn
sylvania in place of the Rev. DR.. Morgan
Dix of New York At least, If this has
been done, the fact is not known to the
counsel for the presenters in that city.
Herbert Noble of counsel for the pre-
senters will go to Philadelphia today to
meet the counsel for the presenters in
that city and formulate a mode of pro-
cedure to be followed in the presentation
of the evidence they have against the
bishop.
All of the bishops named in the Upjohn
letter which forms the basis for the
charges against Bishop Talbot, have been
summoned to appear before the board of
inquiry and it is known that at least
four Of the eight have promised to be in
attendance.