The Twin City star. [volume] (Minneapolis, Minn.) 1910-19??, 1915-06-12
REV. MCDONALD LOSES SUIT
AGAINST PILGRIM BAPTIST
CHURCH.

II
Judge Kelly on Motion Of Lawyer w.
T. Francis, vacates the Verdict
of the Jury and Orders Judg-
ment in Favor of Pilgrim
Baptist Church.
STATE OF MINNESOTA,
county D 81 hamcsy; COURT.
Second judicial District.
EPHRAIM H. MCDONALD,
PILGRIM BAPTIST CHURCH.
After hearing counsel for the respective
the minutes Of the trial Judge made at
the trial,
ORDERED, that the motion Of the de-
PENDANT for an order yacating the verdict
notwithstanding the verdict De entered
in favor Of said defendant Pilgrim Bap-
fist Church is granted and said Judgment
: 40 WILLIAM LOUIS KELLY.
District Judge.
June Q A. d. 1915.
MEMORANDUM
The plaintiff was pastor OF the defend
ant congregation at salary OF 10000
per month, until May is, 1914. ON which
date he was dismissed by the congrega-
| ton. His salary was paid at that time
titled to three months notice Of his. dis
missal he brings this action for three
months salary. He had q verdict for
$312.25 and defendant moves for judy
ment.
This action is predicated upon note
found in Hiscox' Manual, to the effect
that in the Baptist Church the relation
of pastor and congregation can be dis
SIryDI .vxr y>xr p&a.au
three months notice. Upon plaintiffs
| testimony Identifying this book AZ APP
plicable generally to all Baptist Churches
and that he had used it; the book was
wards admitted that the defendant
church was entirely independent. the peo-
pie thereof making their own rules. and
them, the court promptly withdrew the
book from the jury. Probably the jury
was mislead by it. however.
The plaintiff then undertook to prove
an established custom of the congrega-
ton, in use by 1t prior to his being In
stalled as pastor, which required such
notices of ninety days. One respectable
member of long standing gave testimony
six equally respectable members as wit7'
nesses denied that any such custom ever
prevailed. Besides this the congregational
records for over fifteen years tend to
show that no such custom had been ever
existed or had ever been acted upon.
With these church records and with the
almost unanimous testimony Of the Of
ficers of this congregation. against plain
tiff's claims, a verdict In his favor can
not be sustained.
Even IL custom Of this sort, requiring
three months notice from the congrega-
ton to plaintiff to dispense with his
services, existed he had such notice
when on January 11th, 1914. more than
three months before his dismissal on
May 18th. 1914. the church officers i'm
the name of the congregation and by
it's authority demanded his resignation.
No special form of notice was necessary
and by this demand plaintiff received over
three months notice from the people.
plaintiffs profession should have notice
Of the congregations desire to change It's
pastorate, for the reason that employ
ment of this character is sometimes diff
ficult to readily obtain.
The facts in this case which lead to
plaintiffs dismissal were not before the
-of the coming change made timely pro-
vision beforehand.
In any event, am satisfied that taking
the most favorable view of plaintiffs
case, he has no just and legal claim
against these people for three months
intended to earn. For this reason, IL
none other, that plaintiff received more
than three months notice of the intention
to dispense with his services before 1t
acted.
Filed June Bird, 1915, -
MATT JENSEN, Clerk,
By G. p. RIFT. Deputy.
Rev. Mcdonald and his lawyers have
have paid the costs incurred by the
church including the fees Of its witnesses.