New-York tribune., 1909-01-30
COURT STOPS TRINITY
Continued from first psge.


canons further provide that the standing com
mittee shall not give such consent until II slali
have been made TO appear TO their sausnaclloiii 1i
that notice of the application for such disposl-
ton or use has been duly given TO the cohste,
CATION to be affected thereby; that the aforesalo
plan. threats and acts OF the Individual deieho-
ants are calculated and designed 10 render such
provisions of the canons aforesaid apSoluteig
nugatory and imperative in the premises III
that the congregation Of st. johns Cnapel a.
If such plan, threats and acts are consuIlIna.' .
to be first entirely destroyed and blotted out ou.,
that any notice to It will in the very nature
Of things. be rendered impossible
GROUNDS FOR JUDGMENT.
The status Of members Of St Lukes is ex-
planned and ii is asserted that members OF that
chapel are not entitled to vote as belonging to
a free chapel and are never mentioned among
the corporators of Trinity. The plaintiffs sum
up their grounds for demanding Judgment as
follows:
resolutions acts and action of the individual de-
PENDANTS and of the vestry of the defendant cor
the dispersion Of its congregation and the ms
continuance of the religious work and services
conducted thereat as wrongful unawfHl; Vold
and imperative and setting the same aside.
Second-Perpetually restraining and enJolnlnS
the defendants. and especially the individual de-
PENDANTS acting individuals or as the Festry
of the corporation of Trinity Church their at
torneys. agents and servants from interfering In
any way with the usual course OF the religious
work and services conducted at St johns
Chapel aforesaid with the rights ana prlNl-
leges of the plaintiffs members and corporators
of the defendant corporation and others Wor-
shipping at such chapel TO freely and peace
ably assemble therein and partake of the SER
vices and ministrations Afforded thereby: ao-
cording 70 the rules. regulations and discipline
of the Protestant Episcopal Church: from clos
ing or causing allowing to be closed or lett
closed any OF the doors OF said chapel at any
nights when, according to the regular practice
prevailing in such chapel. the same should pc
s-iH-a he latn fla Snd
to enter for the purposes of divine worship;
from dismissing or disseminating or refusing or
neglecting to engage and pay for the services
of persons proper and qualified and sufficient
in number to acts as assistant minister ana
priest in charge. curates, sections. organlst
and chOristers, and to perform such other duties
and functions and TO furnish such lights, fuel
and other supplies may be necessary or ex-
pedient in the usual and customary conduct OF
the work and services at st. Johns Chapel
aforesaid according to the rules, regulations and
discipline of the Protestant Episcopal Church;
Third-ReGuiring and commanding the tndl-
vidual defendants the vestry of the de-
fendant corporation 10 continue the religious
work and services at and in connection with St.
Johns Chapel aforesaid. in accordance with the
rites, rules and discipline of the Protestant
doors OF said chapel and permit in the usuai
and customary manner the plaintiffs and other
members OF its congregation, being members
and corporators of the defendant corporation. to
continue to be members of such congregation
and partake of its ministratons. and thereby
in consequence to remain members and cor
porators OF the defendant corporation and Sc
cured in their rights, franchises and privileges
as such; and
Fourth-For such other and further relief as
to the Court may seem proper, just and equi-
table, besides the costs and disbursements or
this action
ORDER OF THE COURT.
In issuing the Injunction and the order to show
cause why st. Johns should not remain open
Justice Erlanger cites the verified complaint
and the afidavits of William H. Hamilton
off 7 hafh
McLan William G. Rose Philip l. schel, Lewis
". Smith, Henry G. Dickens Emil Julius Foil
mer, jr. Walter e. r. Satterly, Carl B. Harfst,
Paul Fox, Annie E. Gully. Louisa Bassett, Meta
A. E. Holes, Fannie Masek, Lena Johnson, Mil
dred A Bruce, Kate Lorenzer, Rose Ingham.
lisa bella Hicinbothen. William Johnson, Albert
BergenS Henry Heathman, Andrew George. Rob
ert McNairn, Emily F. Andrews. Emily A. Nes-
bitt, Otto Frever John c. P. Padberg and John
Burke. Justice ErIanger then orders that:
The individual defendants both as individuals
and as officers and the Eestry of the corporation
Of Trinity Church, and their attorneys, agents
and employees. be. and they hereby are severally
and respectively stayed and enjoined from clos
ing, suspending or in any way interfering with
ST. Johns Chapel, in the Borough of Manhat-
tan, New York City, or the continuation OF re-
ligious services in said chapel as the same are
being conducted, or the maintenance and care of
said chapel with the continuance of the
parochial work being conducted in in connec-
ton with said chapel; and the said Individual
defendants, both individuals and officers
and the vestry aforesaid, hereby ordered
and directed to continue such religious and
parochial work and services in said chapel and
in connection Herewith as heretofore, until the
hearing and determination OF the motion arising
under and by virtue of this order and until
the further order OF the court; and do, on like
motion. hereby further order that all resolutions,
notices announcements, letters and other dec
larations issued made by or emanating from
the said individual defendants as officers ana
the vestry aforesaid or otherwise, or any OF
agents, employees servants directing or an
nouncing the closing of said chapel or the dis
continuance of the usual services therein, or the
dismissal, transfer or discharge or any or the
clergy or other persons in any way connected
Herewith be- and the same hereby are, sus-
pended and declared Of no effect pending the de-
termination of said motion and the further or
der of the court: and the said clergy and other
persons now charged WIN the conduct OF the
said work and services. and maintenance
of said chapel and the parochiel charitable
work connected Herewith. who are under en-
ployment under receipt of salary or other
compensation from the rector, church WeTdens
and vestrymen of Trinity Church. are hereby
permitted ordered and required to continue to
perform the several respective services for
which they have been engaged employed
until the further order of the court
One of the vestrymen enjoined is Justice Yer
non NJ. Davis, himself member OF the court
that issued the injunction.
One of the affidavits IS signed by William G.
Rose who is the Republican leader in the 1st
Assembly DIStrlCL Inc d1TlQaSJ or Jonn burke,
for more than fifty years member OF st. Johns
and the only member of the chapel who has con-
voted at Trinity elections year after
year, contains the statement that:
The clergy and lay workers who and
have been for the last year and upward en-
gagged in conducting the services and religious
work of St Johns Chapel are the Rev. Charles
L. Gomph, assistant minister and priest in
charge two curates under him, the Rev Edgar
H Cioold and the Rev. Julius c. H Sauber, and
Sister Dorothy and Miss Winifred Dalziel. All