The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-11-12
Saturday Euening Letter
By Justice ]. E. Robinson

person may see through 1t at a
glance. The decision should commence
with statement of the case so lucid
that any person may read and under
stand it. Then it should give a con-
else statement Of the facts and the
law of the case so as to, appeal to
the understanding with the utmost
simplicity and clearness.
THE ASHLEY CHURCH CASE.
Robinson, J. This Is an appeal
from an order overruling a demurrer
to the complaint in a church case.
The complaint AYERS that in Ashley,
North Dakota, there are two Lutheran
churches The first was organized in
1865 and the second in 1913; the four
plaintiffs and the thirteen defendants
were all members of the first church
wA.~.. was animated with the Missouri
Synod and adopted it's confession Of
faith and church policy; it acquired
a tract of land and erected thereon
a church building worth $1,000 to
which the plaintiffs. contributed; in
June 1913, defendants being major
ity resolved to sever connections with
the Missouri Synod and to affiliate
with the Iowa Synod; they formed
themselves into second Lutheran
church and conveyed to 1t the said
church property for a nominal con.
sideration and they are now using
the church property for the purposes
OF promoting religious worship &C.
cording to the Iowa Synod contrary
to the protests of the plaintiffs and
they prevent the plaintiffs from US.
ing the church property for worship
according to the Missouri Synod.
That the Iowa Synod is not an ortho-
dox Lutheran Synod,
The plaintiffs demand judgment
that the defendants have no interest
in the church property and that they
be restrained from using 1t in accord
ance with the Iowa Synod and ad-
judged to be secessionists. The com.
plant is based on the theory that a
minority OF the church members have
right to control the majority, and to
impede the march of time and pro-
gress; but that is not law. By unit
ing with church a person acquires
no title to any church property anu
no right to control or determine the
policy OF the church as he may do SO
~ acting with or influencing the ma
jority
Any three persons may FORM re-
ligiOus corporation by filing with the
secretary of state articles of incor-
poration, stating the name Of the cor.
poration. its location, duration, the
number and names and residence Of
its directors; and that 1t is formed
for religious purposes. The articles
OF incorporation may not adopt or in
clude any religious creed; that Is a
matter OF detail which may be includ.
cd in the by laws and the bylaws may
be changed from time to time by a
vote of the members. The property
and policy OF religious corporation
Is under the control of the majority
and not the minority Of its members.
The bylaws may provide for:
l. The qualification of members;
2. The fees OF admission and dues
to be paid; S..
3. The expulsion and suspension
OF members, and all members have
equal rights and privileges.
Were it competent for the persons
named as plaintiffs to maintain this
action against the majority Of the
church members it would give the
minority control OF the church az.
fairs. 1t would lead to manifest a J.
surdity. The demurrer must be sus.
tanned and the action dismissed
Nov. s, 1917