The Birmingham age-herald., 1907-05-21

reached by us We recommend that the assembly, decline to enact the articles Of agreement recommended by the Charlotte conference.
 That truth is plain and simple, uni- form and consistent.
 Article 52 of the constitution provides that all courts are composed of presby- ters Now how can you define that word presbyter, except as a member of the Southern Presbyterian church? Then can you find it consistent that we form an- other court In which men will sit who are not presbyters of the church? The constitution, having enumerated the sev- eral courts of this church, this enumera- tion is exclusive, unless it provides it. self fo, the organization of another court and this. I submit, it has not done. 'I challenge my friends to point to a single article in any book of the church which allows the formation of another court. They cannot do it.
 Describes Legislative Functions.
 The speaker then turned to @ definition of the legislative functions of the assem- bly,, dividing them into judicial, legisla- tive and executive, and claimed that legislative enactment is not entitled to the presumption of constitutionality until it is complete. ell laid the burden of such proof upon the opposition.
 He then proceeded to define court as o tribunal where justice Is Judicially admin istered, arguing that when section of the articles of agreement refer to the powers expressly and eXcusively dele gated to the body hereby constituted' | that mould necessarily be court, in that it's meaning delegates jurisdiction. l He then showed where the articles pro vide for a final adjudication of questions, a power which he claimed was danger | ous His reference was to section 6, where the power Is given to deal with questions which the lower bodies could not settle, and then pressed home the fact l that the creation of an additional court Is , not constitutional.
 The climax of his address was when he called attention to the fact that while any church could withdraw from the l union by article 16. that article 17 gave | the council power to pass an amendment 1 striking out article 16, and then they l would have us by the throat, with moose around our necks and could carry | us hither and thither, nolens volens. They | could just whistle us down the wind"
 IIisflast idea was that the section al- l lowing two- thirds of the church to pass 1 legislation gave the proposed body poten- ' tial omnipotence to do as they pleased 1 with the little southern church with it's 1 small representation. "'rhis Is a solemn question, proposing to change the powers l which have been in position in the church
 
 said of us that we are engaged In de- troyng landmarks but that we pass the /, torch of truth and justice, from our ] fathers hands, down to the last syllable of recorded time"
 In Favor of Adoption
 Dr. Lyons, in favor of the adoption, 1 took the floor, and first thanked the as- sembly for the kindly spirit in which it was considering the question, He asked that they pray for him that the "red l Irish" in him might be kept down. He 1 first briefly answered the arguments of MT. Glasgow, taking up the challenge. This council is not another court" and then he refuted the idea that the assem- bIys judicial and legislative functions are separated 'It is all in one"
 The. speaker next called attention to ] the vote of the presbyteries who general 1 ly understood that their vote would set | tic the question. When he came to the question of constitutionality he said:
 Such a claim that we can only do l things specifically stated in the consti- 1 tuition would hermetically seal the power of the Presbyterian church. Does not the constitution allow the church to make extension, look to the broadening of It's | infuences?' 4. |.
 MT. Lyons exactly quoted passages from
 the constitution in answer. Paragraph 60, Church courts have power to establish 1 rules for the extension of the church"
 Paragraph 30, 'The assembly has the 1 power to concert measures for promoting 1 the prosperity and enlargement of the | church. "and to correspond with other | churches" ."f That word. he said did not
 mean the correspondence of picture post
 al cards, but correspondence in acts of | love and charity.
 1 He then showed how the synods and
 presbyteries without any express per
 mission from the constitution could 1 change the boundaries of their jurlsdic- l ton, and carry out many other actions.
 For these reasons he believed the church l had the right to form a council, in or
 der to draw the Presbyterian bodies into closer relations.
 Gives History of Movement.
 "1et us now take up some actual facts" | he said, and read from the digest of
 the assembly meeting in 's5 when the
 assembly unanimously adopted the Pan 1 Presbyterian articles of alliance, against 1 just such arguments as were being ad-
 vanced yesterday. He said the people ] have come to realize, of that body, as ! they wu of the one now proposed, that | the church bears no relation to the coun-
 ell. but to the Presbyterian bodies to which they are joined. constituted and
 with the same faith as our own, and in
 every sense our peers and equals.
 Many times we have gone outside the limits specifically set forth in the con- | stitution in the matter of acting jointly
 in foreign missions in theological semi nares and other matters. Why, the very | first thng the southern chruch did after | the separation was 10 change it's name, | and can anybody tell me where they can find a single idea definitely warrant i ing such action. The assembly simply 1 used it's common sense. This question
 carries with 1t more than the spirit of , desk-made constitution but the spirit of God presiding and moving where He | will.
 Outcry About Power. 1 Now, there is general outcry about power The word almost scares me, and i the brother before me used it. Of course which is assigned to it, just as any com mittee This reminds me of an old Lab rador fisherman who was. asked what he | did during the long days when he was on | the bank plying his trade. He replied: | Sometimes sit and think en then again | jest set.
 | Surely this council will be able to | think for itself. I may be induced to be- lieve some things about some people. but | not before God can think of such things | from our reformed brethren. In answer | to the oppositions argument that the body will have plenary powers to whistle I, us to the wind, l can not believe that ! two-thirds of the Presbyterian bodies