The Birmingham age-herald., 1907-05-23
VOTE ON ARTICLES
 AT TWELVE TODAY
CONTINUED FROM FACE l.,


 the pro posed council constituted a court, then the adoption would be unconstitu- tional. The rest of his time was taken up In proving 1t nothing like a court.
 Determined by Elemental Powers. his, he said, could not be determined by general definitions or names, but by the elemental powers. He first argued that 1t is not a court, because not com posed of presbyters of the Presbyterian church. He then took up the charac- teristics of court, beginning with juris- diction which must be specific and per- manent. "Is it possible to establish Q court of the Presbyterian church which has no jurisdiction over the individuals of the church? This council has not and yet your constitution says that all courts have the same powers as your sessions, presbyteres and assembly.
 While the session can, on complaint of one man. force another into the ses- sion for trial to defend himself against a charge, the council cannot make a decision until both constituents request that their case be tried. There is no court ecclesiastical or civil, where the litlgants have both to request a hearing.
 '1Ie then turned the proposition around to the assumption of power on the part of the council, which can only be done when requested by both parties, while in all church courts the assumption is based on the complaint of just one party. In the next place. he said, that all church courts have the inherent power to carry out their own judgments, quoting from the constitution.
 He showed how the session, prebytery and assembly have this power, in sus- pending and admonlshing members, while the findings of the council are returned to the assemblies oi the various churches for enforcement His whole argument went to show that the council has no ju- risdiction except that which is conferred upon it by the parties that request it's judgment and that no ecclesiastical court exists which has not the power to enter into a case without request, and to en- force its decrees.
 However. he admitted that the council was given some power by the articles in that you can not help from giving power when you require any agent to do the smallest thing, but that this power IS merely for arbitration. In concluding, he used the words quoted at the beginning of this article.
 Finished This Morning.
 Today at the morning session the ques- tion will be finished. The amendment or most importance to be submitted is that [ of pr. McPheeters, as follows:
 Be 1t resolved. That this assembly ap- polnt A committee of twelve to convey to the council of the reformed churches the greetings of this body and to say that we delay entrance into that body merely until obstacles which threaten our internal harmony can be removed ..2. That this assembly send down 10 it's presbyteries and recommend for their adoption the following amendment to the constitution, chapter 5, section 6, insert ing immediately after paragraph of said section the following new paragraph:
 The assembly shall be empowered to form a cooperative alliance with any re- form church of the Presbyterian system provided first, that said alliance shall nave only advisory power save in mat ters of arbitration, where it may be in- vested with judicial powers, as defined in section of the articles of agreement; second. if it be officially notified that the articles of agreement under which said council Is tn he created have re-