New-York tribune., 1909-03-02
ST. JOHNS
Continued from first page.

people as corporators. refuse 30 sdgnit that
ST. Luke's people have the right TO vote"
/ Referring to the sale Of ST. Johns Chapel. Mr.
Beckett found from Colonel Jays affidavit that
in 1888 the vestrymen had considered and ap-
proved resolution for the proposed removal OF
st. johns in connection with the improvement
Of the income bearing property Of the corpora
ton.
This shows US" said Mr.. Beckett, that as
far back 1888 these vestrymen we're ready
to sell this property for worldly purpose, dis
perse this congregation and rob OF our vote
In the corporation"
In regard to the religious corporations law
which Colonel Jay. in his affidavit. says does not
apply to Trinity. Mr.. Beckett said:
II Trinity is not amenable 20 this act II Is
not amenable to the control OF the Bishop or
the general laws OF the diocese Il Is indie
pendent and exempt from overlordship OF any
kind. This act. applying to Trinity, means
that the corporation shall have control Of its
property according TO the laws Of the governing
body Of the Episcopal Church, and that 1t can
not sell or mortgage any Of II without the con-
sent Of the Bishop and the standing committee"
This gentleman who has interrupted me so
often, continued Mr. Beckett referring to Mr.
Zabriskie, rs a member of the standing com
mittee. That is body designed to settle dis
putes in the diocese with the supervision Of the
bishop.
If St Johns had been closed on February L.
he continued, the congregation would have been
scattered and there would have been no COM
gregation for the standing committee to give
notice to. IN compliance with this law. Trinity
has not disclosed what its plan is. but il seems
likely that soon as all this publicity has
faded away they will quietly tear down the
chapel building and sell the land as planned
long ago"
ATTACKS COURTS AUTHORITY
In opening the defence Mr. Zabriskie assailed
the right Of the court to grant the ex parte in
junction. He said 1t was unprecedented and
amounted TO a civil body conducting religious
services at the expense Of Trinity.
They are the employees OF the court who carry
on those services he said. land they do so
whether competent not. 1t is order 10
prevent a strike The mandatory language IS
unusual"
Does not this mandatory language" inter
rupted Justice O'Gorman. merely amount to an
order to prevent interference with the usual
Worship
Mr. Zabriskie said that was not the case
Isn't that aside from what the court
CARDS as the fundamental issue" asked Justice
O'Gorman.
ATTENDANCE AT ST. JOHNS
persons receiving charitable aid at the present
time as members Of st. Johns Chapel nearly
all live in the immediate neighbOrhood ot St.
Lukes. He continues:
Records show that the average attendance at St
Johns Chapel at sunday morning service from
thar the average attendance at evening service
nc ance for T the ss months from Nay T. is to no
vembeT /. ,9S at Sunday morning service was IS.
all communicates receiving holy communion at
both the two morning celebrations on Sundays for
isS T9s ysaF wa5 a. 7r0i" November " & 10 November J.
The' seating accommodations Of the body OF St
Johns Chapel Is 75O. and OF the galleries about 30
The galleries have been closed for the last ten
congregations.
Various resolutions and minutes OF the vestrv
are quoted to show that between October g.
1887. and February. 1894. the vestry considered
the idea OF removing ST Johns and erecting new
buildings on the site OF St. LuSs's Chapel On
February rs. 1894. Colonel Jay says Stephen P.
Nash wrote to Bishop Potter outlining the plan
and receiving his concent-
Then. according to the affidavit came the
much discussed resolution written by DR.. Nor
gan Dix and passed by the vestry referring the
matter OF consolidation TO a committee for in
vestgation. which later recommended the re-
moval OF St Johns and its consolidation with
st Lukes
Colonel Jay then relates how the vestry, never
intending that any of st. Johns people should
be deprived Of their rights. had prepared a state
rnent TO that effect for distribution the con-
gregation Of the chapel. but that before It could
be adopted by the vestry or sent out the notics
of injunction served
Colonel Jay adds that:
To the best Of my knowledge, information and
Re there brS is no % & OF s 05 ss.. hs o % m
diocese OF New York limiting restricting the
rector. church wardens and vestrymen OF Trinity
Church from closing, stopping terminating the
work or service. religious otherwise. or any
part OF such work services. connected with ST.
Johns Chapel, or from discharging the ministers
thereof, the Organtst. choristers sections any
other employees OF helpers. or from closing the
doors of such chapel, or from barring exClud-
ing therefrUm the congregation thereof or any OF
them.
The corporation OF Trinity Church has not. by
resolution otherwise, determined that the pro-
visions of Chapter 723 Of the Law of 1895. being
the religious corporations law" shall apply 10 |
Trinity Church. and such resolution notice /
of adoption thereof has been submitted TO any |
annual meeting of qualified voters of the corpora
ton Of Trinity Church. as provided by Section 10 /
Therefore. Section OF the religious corporations /
law, referred at rolios 81 and 81 OF Mfr Hamil- |
toms affidavit is not applicable to the corporation
of Trinity Church