The Montgomery advertiser., 1906-05-24

 ,NAS DENIED ould Not Interfere in Church Matter. NO PRECEDENT IN HISTORY Sought to Restrain Presbyterian
 Union. Decision of Judge Johns of Federal Court Holds Temporal Law Has No Control over DoctrinaI
 Differences.

Differences. Decatur, ILL. May 23-Tne applicn- tion for an injunction to restrain the union of the Presbyterian churshes was decided today by Judge Johns. He re- fused to issue the injunction. x
 Judge Johns said that the case has no parallel in the jurisprudence of the United States. He treated the church as voluntary organization, the acts of whose highest tribunal are binding on all members aod will not be interfered with by the courts ot the acts are fair and honest.
 He held that courts of equity will not pass on doctrinal mstters, the de- cisons of ecclesiastical judiciartes be- ing binding on civil courts as to mat ters of faith The decison sets forth the various acts of the Cumberland General Assembly and says:
 These actions of the assembly must be held to be a determination of it's right and power." As to doctrine the court held that whether the doctrines of the Cumberland Presbyterian church are widely variant from those of the Presbyterian church is an ecclesiasti> cal question solely, upon which, hav- ing been decided by an ecclesiastical judicatory, the civil court is power less to inquire"
 The decision adds:
 NO court has ever enjoined an ec- clesiastical body from considering what action it should take This application lis without precedent"
 Opinion Read at Assembly.
 The judges opinion was read in the assembly. pr. Steele introduced a res olution that entering the union, the Cumberland Presbyterians do not sur render any integral part of their doc Urine. He read 6 statement made by the original Cumberland Presbytery which said that the exception of fc- tallty would not affect the Presby- terian system of doctrine. The res olution was adopted by vote of 163 to 10e
 Dr. w. H. Black. president of the. Missouri Valley college, the chairman, read the report of the committee on fraternity and union.
 The report of the joint committee on union with the Presbyterian and Cum beriald Presbyterian churches recon- rnended that each Assembly adopt a. preamble which set forth in detail all the steps taken by the two churches since the appointment of the commit tees to negotiate union in 1903. The committee expressed its understanding concerning the effect of the action talk
 
 semblies of the two churches to be as follows:
 That the Confession of Faith of the Presbyterian Church in the United States of America, as revised in 1903, and its other doctrinal and ecclesias- tical standards, have been adopted by the Cumberland Presbyterian Church in accordance with its constitution and in conformity with said plan and basis of reunion and union"
 That said joint report. including the plan and basis of reunion and union, concurrent declarations. and recommen- dations therein contained, have been adopted by the constituted authorities and in conformity with the organic law of both of said churches.
 That the reunion and union provid- ed for in the said joint report and in the basis of reunion and union, has been agreed to by the constituted au- ganic law of both of said churches and is binding and will become fully effec- tive and operative when and as herein after declared"
 At the proper time the Confession of Faith and other Doctrinal and Ec- clesastical Standards of the Presbyter- ian Church shall become effective and operative as to all of the officers, or ganizations and agencies of the Cum berland Presbyterian Church; the Gen eral Assembly to be held in 1907 shall be composed of representatives of all the Presbyteries of the United Church; when each Assembly has notified the other of the adoption of the joint re- port each moderator shall announce the full consummated of the union in the following words:
 The joint report of the two com mittees on reunion and union and the recitals and resolutions therein con talned and recommended for the adopt ion having been adopted by the Gener- al Assembly of the Presbyterian Church in the United States of America and the General Assembly of the Cum berland Presbyterian Church and ofi- clal notice of such adoption having been received by each of said General Assemblies from the other. do solemn ly declare and here publicly announce that the basis of reunion and union is now in full force and effect and that the Cumberland Presbyterian Church ia row reunited with the Presbyterian Church In the United States of Amer lea as one church; and that the official records of the two churches during the period of separation shall be pre- served and held as making up the his tory of the one Church.
 The existing boards of the two churches are directed to carry on their work in harmony during the year 1906 1907. the intent being that there shall be no actual consolidation of Boards before 1907. Provision Is made for including the lists of Cum berland Presbyterian ministers and churches In the minutes of the Presby- terian Assembly, of 1906"
 The report of the union was adopted by vote of 1sS to s1. The anti-un- ionists filed protest.