The Jimplecute. (Jefferson, Tex.) 18??-1907, 1906-06-09
THE OPINION.

The full text of the opinion as read
by Judge Johns is as follows:
Joe H. Russell, ct. al, j. B. Hall, ct. al.
Opinion.
The bill of complaint in this cause, by
stipulation between the solicitors for
the complainant and those of so many
of the named defendants as have en-
tered their appearance, being filed in
term time, is heard on demurrer to the
bill, and it's accompanying exhibits,
with the same effect as if filed at least
ten days before the first day of the May
term of this court, and service of pro-
cess had within the time, and in the
manner prescribed by law All tech
nicalities have been waived, The par
ties who are in court have submitted
themselves to the jurisdiction, and ask
a decision upon the merits as presented
by the record. The bill was filed on
the 9TH of May. The general assembly
of the Cumberland Presbyterian church
met in the city of Decatur in Macon
county, H., on the 18th day of May.
Every commissioner or delegate to that
assembly is named as defendant.
The purpose and prayer of the bill is to
enjoin them individually and collec-
lively from taking the final step to
merge, or unite, or consolidate the
Cumbe land Presbyterian church with
the Presbyterian church of the United
States in America. The act of demur-
ring admits to be true every fact in the
very voluminous bill of complaint. with
it's exhibits which is well pleaded, but
does not admit any conclusions stated
in the bill which are claimed to logical
ly arise from the facts.
The interests involved are tremen-
dous, The Cumberland Presbyterian
church owns more than seven million
dollars in property. An hundred thous-
and members and communications it is
claimed, adhere to the contentious OF
the compainants. Probably a greater
number sympathize with those of the
defendants who are advocates of the
union of the two mighty ecclesiastical
associations. The general assembly of
the Presbyterian church in the United
States of America is in session in an
adjoining state. The principal motive
of majority of the delegate or COM
missioners of each of these grand &C.
clesiastical bodies is to declare the uni
on of the two associations. The prin.
cipal object of the minority in each, is
to prevent such union. The perpara-
tons for this mOmentous event have
been making for three years. They
have been conducted with deIibera-
ton, caution and dignity worthy of and
commensurate with their vast import
aDce. The magnificent spectacle of
these mighty associations waiting the
permission or prohibition of the law
teaches lesson of loyalty to, and pro-
found respect for our government,
which must be beneficial for all the
time it endures.
CASE WITHOUT PARALLEL.
In its scope, aims and contentious
the case presented to the court has no
parallel in the Jurisprudence of the
United States. 1t is quite apparent the
present decision will not effect the final
result. If the prayer of the bill be
granted the general assembly of the
Cumberland church will transact it's
routine business. and adjourn. to meet
again in a year with the same conten.
tons in its proceedings. If the prayer
is refused, the majority of the assem-
bly, will adopt the report of its stand
ing committee-declar itself united
with Presbyterian church, that the two
associations have become one under the
name OF the Presbyterian church in the
United States of America, and adjourn
without delay. The majority will form