The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-04
Will Proceed to Erect a
Chapel Without Per-
mission Of City.
MATTER MAY NOW #
GO INTOECO.URTS
Officials Of Historic ST. Johns
Issue Statement to Public
Setting Forth Their Side
Of the Controversy
Injunction May
Be Asked.

Unanimously adopting the report
and recommendation OF special COM
nittce OF It's membership, tho vestry
OF ST. Johns Church has formally noti-
fled Mayor Mccarthy, the City Attor-
ney and the Council that, despite their
refusal to concur in its purpose. the
vestry will, on the 17th day of July.
proceed to dig the foundation for a
chapel and Sunday school room In st.
Johns Churchyard. The vestry re-
quest that II the city intends to enjoin
the committee OF the vestry the City
Attorney be ready on that, day to serve
the proper papers.
This attitude toward the Council and
the Mayor grows out of the expressed
desire of the vestry to build such
structures, the veto OF the Mayor of
an ordinance giving the city's consent
thereto, and the action OF the Council
lir sustaining the veto. An unusually
Interesting situation is prec!pitated.
The city government and the church
authorities arc thus placed in hostile
attitudes on a legal question, and It
may follow that the city. Will attempt
to enforce Its refusal to authorize the
buildings to be erected by resort to
the courts and the invocation of the
extraordinary equity remedy OF injunc-
ton to restrain the congregation, or
mandamus to compel submission.
Dispute nx to Ownership.
1t Is but fair to state. however. that
! this acute situation is the direct result
| o. dispute as to the ownership of the
| square known as ST., Johns Burial
Ground, the care of which Is now. and
has long been, vested in the city.
Mayor Mccarthy. on the one hand
contends that the title tosthe church
yard Is vested In the city OF Richmond
and that without its authority the YES
| try may not add to or take from tho
buildings or structures thereon.
Thesvestry, on the other hand. basine
/ their position upon researches into the
Ehistory, OF the parish from It's very
\ inception down to the present. ant
4 the conveyance Of land for the build
j ing OF the church by William Byrd
/ contends that the city has only Gene
4 terry and constahulary authority over
/ the churchyard. Tho question raised
| is purely a legal one. and apparently
can be easily adjudicated in the
courts. The vestry of the church. salts.
fed as to their title to the property
/ propose to place the burden OF over.
| throwing It upon the city, and have
i forced the issue by deliberately serv-
4 ing notice that they intend to breah
ground on a given date. despite the
/ lack OF consent from the council, ant
i have placed upon the city the alterna.
i tive Of submission or OF invoking ex,
traordinary legal remedies.
i Mayor Carlton Mccarthy, who fa:
/ been the chief factor in withholding
ithe concurrence OF the city in thu
proposition to build, knew nothing O.
the latest determination of the vestr,
\ OF the church until he was Informed
by The Times-Dispatch man last night
He read the paragraph of the vestl.
committees report announcing theil
determination, and asked what he pro
posed to do.
"I do not know what will do yet
said the Mayor II do not know Jus
what authority have until look int,