The Birmingham age-herald., 1909-04-15
CHURCH PROPERTY
 IN LITIGATION CumberiandS Are Enjoined From MoIesting Persons FIGHT HAS JUST BEGUN Presbyterians and cumberlands Are In the Middle of Bad Fix, Which
 Federal Courts Must
 Settle.
FIGHT HAS JUST BEGUN

Nashville, April 14.-The Cumberland Presbyterian church property contro- versy got into the federal court today ary restraining order preventing the Cumberlands from molesting the mem- bers and others in the possession of Grace church of this city, pending the hearing of the prayer for an injuno- ton on April 24.
 The injunction 10 be sought at that time is to the effect that the loyalists be restrained from taking the Grace property or attempting to take 1t, and that the loyalists be further restrained from interfering with the unionists complaintnats in the possession of the church and its property
 This morning the Russell Street Presbyterian church, speaking through its pastor, the Rev. George w. Shell ton, submitted to the loyalists a propo- sition to settle the property question by paying the loyalists a certain sum and keeping the property, and further suggesting or expressing the desire for a conference.
 The loyalists have not yet sent back their formal answer to the proposition of the Russell Street church, but 1t is given out from their headquarters to- day that the propositions of the Russell Street church, or of pr. Shelton, are duly declined. The Cumberlands state that they will not consider the money proposition. and that they do not de- sire a conference; that the time for a conference has long since passed; that the unionists held the property for several years and made no such propo- ! sition as that today until they had lost.
 Another important development today was that the unionists who have been in control of the Russell Street Cum berland Presbyterian church declined to surrender the property at noon today, in accordance with the ultimatum issued day or so ago by the unionsts.
 Again it was learned from the loyalists today that a bill would probably be filed in the chancery court in the near future, probably in few days, seeking to obtain possession of the Russell Street Presby- terian church in view of the recent de- cision of the supreme court of Tennes- see
 At 40 o'clock tonight the most sen- satonal step yet taken In the controversy between the Cumberland Presbyterian loyalists and the unionists, or Presbyte- rian church, U. S. A. was made by the Penn Mutual Life Insurance company of Pennsylvania, which holds a mortgage of 5000 on the Russell Street Presbyterian church
 H. M. Doak, clerk of the United States court was awakened from his nights sleep and a bill filed with him by the insurance company against the Edgefield Cumberland Presbyterian church, cor poration owning the Russell street prop erty The elders and trustees of both contending corporations are made parties to the suit. A sale to satisfy the debt is asked. and in the event there is residue, the court is asked to decide to whom it belongs. This brings the church controversy directly into the Jurisdiction of the federal court, complainants be- ing a foreign corporation. decision as to any residue from the sale would force a determination of church rights in the now famous controversy.