The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1906-09-28

and Mr.. George T. Hughes of Column
bia, Tenn. The defendants were rep
resented by Messrs. Lamb and Park
er of Fayetteville, Judge Mcclellan of
Mississippi, and Ex-Supreme Court
Judge w. C. Caldwell of Trenton. Each
side was allowed IL hours for the
discussion of the case.
At the conclusion OF the argument
Chancellor Bearden announced that ne
could make no decree with reference
to the publication of the books named
for the reason that the corporation
which publishes books had not been
made a party complainant and hence
no Injunction could or should be had
as to that. He enjoined the bringing
of any other suit in any of the courts
of the State relative to the property
owned by the church. He dissolved
the injunction as to the use of the
name of the Cumberland Presbyterian
church, for the reason as stated by the
court that it would be difficult for an
ordinary person to understand the
force and effect of such an injunction.
And for the further reason that the
defendants had the right to use the
name in order to maintain their status
in court and to determine the question
as to which one of the factions was the
real church, and that pending the final
hearing of the case this injunction
should be dissolved. AS to the other
ground of injunction the court an
nounced in it's opinion that if the in
junction should be allowed to stand
in it's present form, and the case should
ultimately be determined in favor OF
the defendants that an irreperable
harm would be done to them in pro
hibiting them from the use of the
houses of worship pending litigation
and that on the other hand to dissolve
the injunction and allow the defend
ants to obtain possession and use OF
the houses of worship pending the liti
CATION in the event the suit should be
decided in favor of the complainants
would do them irreperable harm. That
he could not at this time undertake
to determine the case upon its merits
and that the merits of the case could
alone be looked to with view OF de
termining his present action. He
therefore requested that the opposing
factions should see if some method
might not be arrived at for the use Of
the churches pending the litigation.
A conference was then had and L
was agreed, and made the decree o.
the court that as to the three churches
which were before the court that eacf
of the factions should have the use o
the church one half of each Sunday
the one in the morning, the other IL
the evening, alternating in the morn
ing and evening services, reversing
each Sunday.
This was satisfactory to all OF TN
parties present. In the event that thu
congregations at other places in tn
State are unable to reach an agree
ment, tho it is ahrdly supposed sucl
will be the case, the matter may D.
presented to the Chancellor on applica
ton of any of these parties.
It thus results that the entire mai
ter is thrown under the Jul
isdiction of the Chancellor a
to all of the congregations in the state
1t was clearly to be seen from IN
argument of opposing counsel that tn
question turns entirely upon the pow
ers of the church to make unions an
the regularity of the action OF IN
General Assemblies in bringing abou
: the agreement.