The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-06-30
CHURCH DIFFERENCES
FINALLY SETTLED
SUPREME COURT OF STATE UP-
HOLDS UNION OF CHURCHES
AT WAGNER.

Oklahoma City, June 29.-Th'
right of a civil court to assume jul
court and to pass upon the powers
of the latter when a question ol
property rights is involved is up
held in an opinion handed down
| Monday by division No. |, supreme
court commission, in the suit of the
Cumberland Presbyterian church at
| Wagner against the First Presby-
| terian church of the United States
at Wagner to recover possession
of the Cumberland Presbyterian
church property at Wagner.
AS set out in the opinion, written
by Judge c. B. Ames, the case in
wolves the validity of the proceedings
by which the union of the Cumber-
land Presbyterian church and the
First Presbyterian church of the
United States of America was sought
to be accomplished. The proceedings
have been the subject of litigation
which has been conducted to final
conclusions in ten states, eight of
which have sustained the union while
two have held it to be invalid.
The appeal is brought up from the
district court of Wagner county in
which judgment was rendered for the
Cumberland Presbyterian church
In reviewing the plans for the un-
ion of the two churches, the trus-
tees of the Cumberland church OBJ
jected to them on the ground that
their effect was to annilihate that
church and that the general assem-
bly, and presbyteries of that church
did not have the power to destroy
the church. and second, that there
is such conflict in the doctrines
of the two churches that it was un-
lawful for the controlling bodies OF
the Cumberland church to convert
its property to the propagation OF the
doctrines of the Presbyterian church
and third, that the procedure requir-
ed by the constitution of the Cum
berland church was not followed AMI
therefore that the plan of the un-
ion sought to be accomplished was
void.
Have Same Standing.
The report of the general assem-
blies of the two churches which re-
suited in the plan of union did not
contemplate the total extinction OF
the Cumberland church, Judge Ames
holds, and the fact that the minis
ters and churches of the Cumber-
land church were admitted to the
same standing in the united church
and that the official records of the
Cumberland church were preserved
in connection with the official rec
ords of the Presbyterian church, as
making up the history of one body,
further shows that it was not the
idea to do away with the Cumber-
land church.
AS to the property of the Cum
berland church, resolutions were
adopted in the general assembly OF
that body in which it was provided
,hat in uniting with the Presby-
terian church in the United States
Of America, the Cumberland church
does not ALLEVIATE the property now
held for particular congregations OF
he Cumberland Presbyterian church
but that in the reunited church such
property will be continued to be
held for the use and benefit of par
.icular congregations in like manner
as heretofore"
The effect of this resolution, Judge
Ames holds. was to leave the in
iividual congregation of the Cum
berland church in the possession of
its property and of all its civil
rights
AS to doc'rinal differences between
the two churches which might pre-
vent a proper union, the opinion
holds that that was matter to
which the general assemblies of the
two churches had given the study
of lifetime and since the union
rested upon reasonable basis, and
was made in good faith, it was not
be disturbed by civil courts.
The real estate involved in the
case was conveyed to the trustees
of the Cumberland church at Wag-
oner. and since that church was
not totally extinguished by the un-
ion with the Presbyterian church
of the United States of America.
and while the decision of the gen
eral assembly is that there was suf-
firiant agreement in dOctrina m