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

There is no time Tor the dellOeratlon
which the magnitude and novelty of
the case requires. 1t would be better
to make formal order in harmony
with the opinion entertained, and omit
all statements of reasons. But de-
cent respect for the feelings and opin-
ions of the very great number of Chris
tian people who are awaiting the pro-
cesses of the law, requires the announce
ment of an explanation of the reasons,
prompting the decision and of the or
ders of court to be entered. 1t must be
remembered that the tribunal to which
the questions are primarily submitted,
has, like the two religious associations.
its supreme judicatory. by the deci-
sions and interpretations of which, the
interior tribunal is bound; and to which
it must yield unquestioning obedience.
Resort must be had to those decisions
to determine the issues, and if the de-
clsions of the supreme court of Illinois
do not cover all the law involved in
the case resort must be had to the
general body of uncodfied law for
! complete solution. Neither time nor
space allow more than a reference to-,
and no discussion of the great mass of
adjudications to which reference has
been made.
The Cumberland Presby terian church
is an unincorpated voluntary religious
society. 1t has created for it's govern
ment constitution; and various or
dinances, general regulations, directory
for worship, and rules of order and dis
cipline. The guiding starts of its relig-
ious beliefs and tenets are the confess
sion of faith and catechism. Section
l19 of the confession is as follows:
"Church government implies the eXis-
| oF OH iruactaI with
legislative, judicial and execute autho-
rity; and the Scriptures recognize such
institutions, some of subordinate and
some of superior authority, each hav-
ing It's own particular sphere of duties
and privileges in reference to matters
ministerial and ecclesiastical yet all
subordinate to the same general de-
sign" When it is brought into secu-
lar court it's officers, and members and
the society itself must be treated as
any other voluntary association except
so far as the jurisprudence of the state
in which the controversy arises distin-
cuisines it from other societies not
ecclesiastical in character.
A voluntary association is an unin-
corporated society or body of individ-
uals formed for purpose which is not
illegal.
The members are bound by it's con-
stitution and rules whether they be
deemed reasonable or unreasonable
provided they are in harmony with the
law Of the land and public policy. They
are bound by amendments and changes
subsequently, and constitutionally,
adopted which do moi violate vested
rights.
The decisions of voluntary associa-
ton fairly and honestly made by its
highest tribunal, lodge or judicatory in
accordance with the rules or usages of
the society, not contrary to law, or pub
lie policy, are binding upon the mem.
bers and will not be interfered with by
the courts.
LIMIT ON USE OF PROPERTY.
The persons or corporations desig-
mated by the general assembly of the
Cumberland Presbyterian church-or
any of its separate, and subordance
|judicatories, to hold the legal title to
property dedicated for it's general use
are trustees of snch property, and can
not divert it to any other use, or carry
it into other associations or denomina-
tons whose purposes or tenets are pal
pably and substantially different.
| Where property is held for denomin-
ational use and there is no corporate
organization all members become bene-
iciaries of such property in equal de-
gree. The civil rights to the property
are subjects of examination to be deter
mined in conformity to the law and
principles of equity. Where major
ity, however large, abandon the t9nets
and doctrines of the association, they
can not hold the property against the
minority who adhere, however numer-
lcailV small the minority NAV ba
Where each of two rival bodies claim
ponds upon the construction of the con-
stitution and laws of the association
The decisions of the supreme judicatory
unless they are clearly and manifestly
repugnant to the established laws of
the denomination, are binding upon
the civil courts.
Courts of equity will not interfere to
determine doctrinal differences, infrac-
tons of discipline, modes of procedure,
or regularity of decisions of ecclasas-
teal judicatories. The decisions of the
supreme judicatory as to matters of
faith, procedure and practices are final
and binding on secular courts.
WHEN COURTS CAN INTERFERE.
| Courts of equity will only interfere
when property or civil rights are in
yoved; and as to property, only upon
the ground of an actual or intended
preversion of the trust by the trustees,
or majority of the society having
possession of the trust property, There
must be real and substantial departure
from the purposes of the trust, such as
amounts to perverson of it. The
secular court must be able to say there
al al, Il