The Birmingham age-herald., 1908-05-16


 vised in the year 1885, and which elim mates the fatalistic doctrines of the Pres byterian Church |. s. A. It alleges that these differences in faith are conflict ing as to make the alleged union impos- sible, even though 1t were otherwise pos sible.
 Section eight (S) of the bill sets forth the difference in polity of the two churches and particularly their relations to the negro race. Under the Cumber- land polity the negroes have their separate and distinct organizations throughout from the local church to their general assembly; under the polity of the Presbyterian church IT. s. A, it Is alleged that no distinction in made be- tween the negro and white races, but that they may become members of the some church and delegates of each race may sit with equal rights and powers in the several church courts.
 Section nine CD of the bill reviews the action of the presbyteries and general assembly, looking to the proposed union. and declares that such action was not effectual an amendment to the con- stitution and conferred no power to ef- feet said alleged union.
 History of Local Church.
 Section eleven CID gives a history of the local church situation on the corner of Fifth avenue and Eighteenth street from the time it acquired the lot from the Elyton Land company in September, 1882, up to the present time. It sets forth a copy of the deed by which the property was conveyed to the session of the Cumberland Presby- terian church and their successors in office for the purpose of maintaining the Cumberland Presbyterian church in the city of Birmingham with the eX press understanding that in case of ! the sale of the lots, the proceeds should | be devoted to a like purpose. 1t gives all account of the erection of the pres ent church at a cost of more than 1 s20OO0 and of the parsonage at a cost l of about $2500. It then shows that after the meeting of the general as- sembly at Decatur, H., in 1906, the congregation divided into two factions known as the loyalists and the union ists, and how these factions got fur ther and further apart with Rev. l. D. Steele leading the unionists and the loyalists called the Rev. J. D. Lewis as their pastor, about one year ago. and how the unionists then asserted com plete control over the church property and lock ed the doors gainst the loy alists and denied them any and all use of the building. It sets forth the names of the various officers of the
  ganization has been and is now main tained
 It declares that the complainants sue in behalf of themselves and all other membe of the local congrega- tion of the Cumberland Presbyterian church and asks that the parties named be made defendants and be hel1 to represent all the other unionists and that the court will adjudge and decree that the so-called union and merger are null and void in so far Il $ compliments and the property do scribed in the bill are concerned and that the Cumberland Presbyterian church at large has been perp etuated by it's loyal members without any i'm pairment of its powers. privileges and property rights by reason of the so- called union and merger, and that the complainauts and those for wh om they sue still exist as legal identities with the same rights in property as before the so-called union and merger, with the same allegiance to the Cumberland Presbyterian church at large.
 Prays for Decree.
 It then prays that it be decreed that the conveyance by the Elyton Lard company created a specific trust in the property described for the benefit of the members of the Cumberland Pres- ' that the unionists are in legal contem plation seceders from said chErch anG congregation. and by such secessicn have abandoned and lost all rights and privileges in said property.
 It then prays that the unionists and all associated with them be enjoined from interfering with or molesting the complainants in the use, enjoyment possession and exclusive control of the house of worship and parsonage and all the books of record of the church and that the unionists be enjoined from longer withholding said church an parsonage from the loyalists and that they be required to restore the prop erty to the loyalists. It then prays fo- decree against those unionists now in possession for the value of the use or hire of the church and parsonage for the time the loyalists have beei excluded from the church building.
 i