The commercial. (Union City, Tenn.) 190?-193?, 1913-08-01
CHURCH CASE.
Federal Judge Sanford Hands
Down Important Decision.

A0WAA ~N~@~~~~@~ - ~-r~~r~~ ~~r
Judge Edward 7. Sanford Of the Fed
eral Court Of Middle and East Tennessee
Friday handed down an opinion in
which he holds that the Cumberland
Presbyterian Publishing House must be
operated for the benefit Of the Presby-
terrain Church Of the United States Of
America, instead Of for the Cumberland
Presbyterian Church, but leaves the
present board in control.
The present board is that placed in
control Of the publishing house after
winning the case Of the validity Of the
union Of the two churches several years
ago.
Attorneys for both sides say the de-
cision leaves the case far from settled !;
that in effect it says that while the Pub
fishing House must be operated for the
benefit Of the Presbyterian Church, it
must be thus operated by Cumberland
Presbyterian board for the use and bene-
fit Of their adyersaries.
DECIDES ONLY ONE POINT.
Judge Sanford does not undertake to
decide but the single question q which
organization should have the Publish
ing House. He does not interfere with
the board now in charge and does not
decide who composes that board. He
does not 60 into the question Of the
validity or inyalidity Of the church
union, but says that question was set
tied by the State courts when the Ten
nessee Supreme Court held that the
union was not valid.
Attorney Frank Slenimons, one Of
counsel for the Cumberland Presbyte-
rian contestants, stated Friday morning
that he does not know what his clients
will do IN the case, but said it Is prob
able the case win be taken TO the high
est courts. Judge John M. Gaut, chief
counsel for the Presbyterian Church,
was not in the city and no expression
could be had from that side.
The decision is only partial victory
for the winners in that it does not ad-
Indicate the whole case. Leaving the
present board 10 control, and that board
being controlled by the Cumberland
Church, it is practically
certain that decision settling the case
as to which board shall control must be
had before the case will be satisfactorily
concluded.
THE DECREE.
The ninth paragraph Of Judge San
ford's opinion covers the decree and Isl
as follows:
1t results that, in my opinion, the
compliments are entitled to decree
adiudging in behalf OF themselves and
ali other members OF the Presbyterian
Church in the United States ofAmerica,
as against the defendants and all other
members Of the Cumberland Prcsby-
terian Church, that the property Of the
defendant corporation, the Board Of
is held in trust for the use
and benefit III said Presbyterian Church
Of the United States Of America, which
il entitled to its use and control, and to
have its benefit III its denominational
work, and that the individual defend
ants and any and all other persons who
may be members Of the said board and
entitled to its management, shall man
age said corporation and administer its
prope " la trust for the use and bene-
lit Of said Presbyterian Church il the
United States 81 America; and TO
decree against the defendants for all
costs Of the cause not heretofore adj
Judged.
For the reasons above indicated, how
ever, the compIainants are not, in my i
opinion, entitled to decree determining |
what persons are now the true and law /
iul members Of the said Board Of Pub |
location Or to any other relief prayed BY
The bill than as above stated.
4 decree will be entered accordingly