New-York tribune., 1909-01-14
TRINITY ACT ASSAILED
IN INVESTIGATION 4SkED
"Thc Chwchman" Says Charter Of
1871 Is Unconstitutional.

as 1.-1Corlst Itufional, and asserts llsil h'oN'N
The Protestant EPISCOPAL Church In Ne" io1 VI
sbo,,l5 ask the courts for injunction unll 'he
Legislature shall re invoked for fuH Hl'e0N-e"
zion Of the nature Of Trintys trust
The paper says that before the courts are aENo. l
"a interfere churchmen in New York shooio sINe
-. E25sbor of the diocese and the standlhs COM
rntttee an opportunity 10 face the issue anu piO-
1ert The rights and privileges Of Eplscopaiiah>
The report Of the Senase committee "ppO- p. 49,.
i, 3s55 jts recommendations for reform aho i's
..,.,,ao-s that Trinity rs a parish has no rlsh'
10 exclude all members Of the Protestant EPSIoo 80
mai Church in this city from the controi ol 'ie
endowment are quoted
The Churchman says:
In 1850 application was ma made TO TF ranfed to
ture of New York 10 change the cnfIIe. IS res
Trinity Corporation lS-- The application Wa ,t
on January % 1851 presented its report In the
course of this report the committee says: ,,,tt
SO strong was the feeling that all the lhilap
tants Of the city of New York in communion ot
the Episcopal Church haa d hGnb rq Se y
Interest in that estate that the very law WlICH
cludes all from voting except members oi dr.!S iu
tbat nothing in this act contained shall be con
strued 10 affect or defeat the rlght OF any % sts+e
persons. or Of any body corporate. 70 70, ;S nv,
real or personal. now held, occupied or en1oEe4 G
the corporation OF Trinity chnrcn Pt6eise IT. il
proves the right to exist while neN ertheless, ~ -
made empty abstraction by the previous eNCtu ~,
sion from the right TO vote by when alone Inc
right Of property could be enforced
INCREASING POWERS IN FUTURE.
The third fourth ana fifth sections Of that
Law. forming the most volumirsous and prominent
rart Of II are wholly devoted to the confirming for
lie past and giving increased powers for the fut
nIe Carrying out the then well established policy
OF the corporation in promoting the grown OF me
Church by building. setting of and endoWlne new
churches with landed property enough TO MAKE
them independent Section three therefore declares
valid all such grams ana CohNeEdhCeS t! Lei -
made. that hereafter may be made. Section four
Georges chapel recognizing It's full right the
endowment il had received from Trinity as wei as
further right 10 vote for church "ardens ana
.
division OF Trinity parish, dividing the cOngregh-
uon or corporaiors by setting apart. separate
the parish with the consent of those TO be set
fun power to receive from Trinity any grant,
seSanfe or s o. any enaPe 9s oteF real OF per
And, inducement 10 the Legislature 10
pass this Of 1914. Colonel Troup, who appears
10 have acted throughout as the authorized agent
Of Trinity church in procuring It's passage, de- ae,
past. is morally certain that the future increase
Ind 70 the corporation Of Trinity Ch1rch the
of in separate churches with suitable endowments
and 10 enable the vestry do this in d mode free
from all legal doubts, is fifth object Of the
and again. he says: The bill, when passed into
the vestTy Of Trinity Church from time TO time, as
with the consent of their congregations. and to-
endow them with competent estates. No power can
ban ay se e eaue0 s 50 'es eseon f OF Of R
kTo o 6 ea6S n he ss 9e o e5s so
est rePubiicans who look upon large estates as
would calm the minds OF those enthusiastic dew
oiees who believe that religious societies. when
possessing wealth seldom employ enough Of. it in
the heavenly work of propagaung the Gospel
se o5T to enSd and SF S9G ] b 5e no
toTtously been long the established policy Of the
corporation the bill passed both houses The other
parishes OF tie CITY, having received share OF
remonstrance against the law. as being unjust.
made By number Of members OF the Protestant
serious doubts we're felt as to the constitutionaIitT
iaTter. we're eSi:tied 70 ersfiosi interest in the
The Council of Revision was equally divided =
three 2Ealns! thfee- One One OF the three who voted
pears in the evidence. sfterward became satisfied
expressed MS opinion to that effect As It was it
became law BY lapse cf time. without ever
The committee shows at length and forcifl-
law Of 1914 was asked for TO facilitate thus appears
to have heen almost IL. immediateiy given up and
is al that Trinity has ever given from The begin
ming 10 the present saw. 2s9 were granted before
Sonnsittee shows snac;sra3 that ron5ie
made by Trinity Church through its accredited
ter Of 1919. has been violated. The effect Of this
to injure instead Of to promote the independence Of
1he PARISHES thus aided The natural tendency
Trinity for opinions as for pecuniary support
influence Of Trinity has been able to make itself
fe't the provisions Of the law Of 1914 for securing
facilitate endowments in land"
NOT 4 CHURCH FOR POOR.
The report shows that Trinity had never built
church for the poor and had allowed Zion. old
Christ Church and St Matthew'S 10 be sacrificed
for lack of support While Trinity gave away Sl8
lots in pursuing its later policy, 10s lots sold
IL summarizing its report the committee says
that 1t does charge the Corporation with being
guilty Of deliberate and premeditated fraud in OBJ
tanning the law OF 1874 under the representations
employed for that purpose in setting forth induce
naents which II never intended 10 realize. but that
II such had been Trinty's intention-to defeat the
the corporation would have pursued a differ
ent course. Continuing, The Churchman" says:
Il appears that Trinity attempted 10 repudiate
Colonel Troup its agent until IL confronted
sithoritv of Colonel Troup as he- vestrVn,an her
committeeman and her representative at Albany"
John K Porter. ana the testimony Of DR. Berriar
will be found page 81 of Senate Document No.
that of the six members Of the Council of Re
vision. Chancellor Lansing has left on record his
his deliberate judgment upon the face OF the
act iIsef Judge & nstes pr2noqnCeG T II uneons1tu-
brese Spencer for its unconditional rejection and
10 their high authority Chancellor Kent aftervard
i respect even by Trinity, and now, at least, hon
The charter OF 1914 never received positive ap-
prevail by the Council of Revision and became
isw by limitation. Afterward five of the six mem
hers Of that council put themselves record 5
declaring the law unconstitutional
The Select Committee OF the Senate recommend
ed tMarch 1s iS57) change n the act Of 1914.
storing the right Of parochiel suffrage every
age IN Communion of the Protestant Episcopal pal
Church IN the State OF New York, who shall hold,
Episcopal church CT said city in union with the
have partaken Of the Holy Communion therein
within the year next preceding any election. etc.
TRINITY HAD NO RIGHT"
IN