The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1907-08-09

In his opinion delivered here today /
the Presbyterian Church case. BIZ
tween the Unionists and the ant
Unionists, involving the right o
possession in the property of thu
Cumberland Presbyterian Church
Chancellor Walter Bearden held tina
the union" was valid, and in sub
stantial conformity to the church con
situations, but decreed that under the
deeds conveying the property to the
trustees of the several churches the
bill of the "Unionists' asking for ex
elusive possession in the name of the
united church must be dismissed and
the compliments taxed with the costs
The cost of taking their proof was
taxed to the "anti-unionists" and both
sides appealed.
Because the Court was of the opin-
ion that the property of the Jackson
Church was not within its jurisdiction,
the contempt proceedings against the
men charged with violating an in
junction restraining them from bring
ing suit in Madison County were dis
missed.
Neither side is apparently satisfied
with the outcome of the suit. While
under the decree the "anti-unionists"
have been declared entitled to the
possession and use of the property
bought in the names of the trustees
of the respective churches, it is held
that the union of the churches is
valid under their constitutions. 1t
was upon that point that the real
question hinged, and though they can
not enjoy the use of the property as |
a church, the Presbyterians, or "un- |
ionists," declare themselves to be in |
a degree on the best side of the ques-
ton
ter into the merits or dement's of the |
various ecclesiastical questions, say
ing that the question of the wisdom
of unWisdom of the credal statements
or whether the doctrinal agreements
warranted union or not were matters
for ecclesiastical cognizance, and the
Court would not attempt to review or
revise them.
During the argument of the case"
said Judge John M. Gaut, of counsel
for the "Unionists," it was tacitly
agreed by counsel for the "anti.union-
lists" that the only question involved
was that of the legality of the Union
In the opinion of the court the Union
Is valid, but not enforceable against
the rights of the trustees of the sew
sral churches"
II was intended that the suit should Q
De a test case, but under the decision
If the court the suit was decided upon
he facts peculiar to it, and is not q
necessity of prosecuting other suits, e.
While the anti Unionists" take that >,
position, the "Unionists" hold that I'M p
Ter a tacit agreement it was under
TODD that in the event it was held
hat Union" was legal that all prop
rty rights would be conceded to the
Unionists."
If when the case is heard in the
supreme Court that court goes no
eeper into the question involved than .
i'd Chancellor Boarden, it is probable
hat a multitude of suits will be filed
throughout the State to determine the
lights in each piece Of church prop
rty III
Pending appeal the court Cecreed o
nat an agreement by which the con- "a
regations of the several churches al ''
,Inated the use of Improperly, should va
emain in effect subject to modifica- "
on by mutual consent of the parties. W
The opinion of the court follows: Dc
Under the pleadings, the courts Tn
Irisdiction extends only to the local Tn
lurches at Fayetteville. Kenton ana M
cKenzie. The bill seeking, under oil
II statutes, ito divest or clear title, he
c." to the possession, use and con- go
oil of realty, that is, of houses of no
orship. tn
The church at Jackson (incorpora- eV
d. not being within the jurisdiction az
this court, the citizens there ar sn
sted for contempt for alleged VIOLA th'
On of injunction, are released. all
None of the incorporated boards or the
.encies Of the Cumberland Presbyte- raj
an Church. holding or managing en- the
wment funds or other general prop lar
ties or effects, are before the court eff
this case. wi
The complainants (Unionlsts) seek ma
e exclusive possession and use OF clio
q three local churches named, held ct
der deed conveying the land in each jus
stance to trutsees for the benefit of
. particular local church or congre-