The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1906-09-28
CONTROVERSY
i, CUMBERLAND PRESBYTERIAN
CHURCH.
History OF The Trouble And a Legal
Opinion OF The Situation.

.r.r,y interested in the litigation
min in Lincoln county, which has
..ortIv been under cosideration, it
n.r he interesting to state the facts
- If which this litigation grew and
mat was done by the Chancellor.
ttits May session, 1906, the General
,ssombIv of the Cumberland Presby-
,o-ian church adopted a resolution
carrying into full effect the agreement
which had been previously entered in
j for the union between that church
and +be northern branch of the Pres
bvterian church. Upon the adoption
81 tbis resolution a large minority of
tbo General Assembly entered their
protest upon the ground that the Gen.
oraI Assembly was without power to
form such union, and that the steps
taken TO that end were irregular, and
tho action taken void. Upon the de-
termination Of the body over the pro-
test of these members they went to
another place of assembly and there
odonted a resolution resembling the &C
lion inst taken by the General Assem-
bly They also passed a resolution to
tho effect that those who adhered to the
action OF the General Assembly in
forming union, and who considered
themselves as thereby becoming men,
hers of the United Church had lost
their standing as members of the Cum
berland Presbyterian church. A new
Moderator and State Clerk and other
correctional officers were elected,
claiming to be the true and only rep
sentatives of the Cumberland church.
In this way a schism was brought
about. A circular letter was issued
from this body advising the various
members of the church that the action
taken by the General Assembly was
void. and that those who affirmed the
validity Of that action and claimed
to be members of the united church
ceased to be Cumberland Presbyteri-
ans whether as officers or as members
of the church.
As the result of this action in many
parts of the country throughout the
church the members of the different
factions would meet and declare the
opposing faction no longer members
Of the church, nor entitled to the
church property. And thus a struggle
was precipitated in many localities for
the houses of worship. Bitter per
sonal strife ensued, and in many cases
boodshed was narrowly avoided. The
value of the church property involved
amounts to several millions of dollars
It was in order to prevent these
disturbances in various parts OF the
state. and to settle the question as tC
the ownership of the property thai
the bill in the present case was nice
by certain individuals in behalf o.
the whole church, and also as connec
tiona officers and trustees OF three
congregations in which serious dis
turbances had arisen, namely the
church at Fayetteville, Tenn, at Ken
ton and at Mckenzie.
rraSanf naC0 was flG(
by certain persons members OF TN
united church in behalf of the churci
and by correctional officers who recog
nized the validity of the resolution
adopting the agreement and by tn
trustees of certain churches wner
serious trouble had arisen between tn
toatending parties. The protestin
parties were also made defendants
both the General Body claiming to D
the real church and also certain trus
tees of the churches named,
1t was prayed In the bill that al
other suits involving the title an
ownership of the property in TIL
state should be enjoined in order .
prevent a multiplicity Of actions.
was prayed that the defendants
enioined from publishing certain doom
alleged to belong to the church an
to be under copyright.
1t was prayed to enjoin the deten'
ants from using the name OF the Gun
berland Presbyterian church under tn
claim that they were the true succe
sors to that church. 1t further praye
that all the officers and trustees Oh y
various churches should be enJoihe
from obstructing or preVheeil
the members of the uhi''
church from the full, free and exci
i've use of the houses of worship .
longing to the church. An injuncti'
was granted under the bill by the rio
John w. Childress. Circuit Jndse
Nashville, Tenn, and the cause can
an for hearing before Chanceii
Bearden at Fayetteville last Wedn'
day upon motion to dissolve the ihJu'