Evening journal., 1917-02-17

dist Episcopal Church, as chairman Of
the investigating committee, I hereby
announce that the Rev. George A.
Cooke is suspended from this date,
from all ministerial services and
church privileges until the next ses-
sion Of the Wilmington Annual Con-
ference.
"'W. A. WISE, Chairman.
Wilmington, Del, January rs, 1917
The Chairman afterward sent to
the accused the following paper writ
ing, or letter
Wilmington, Delaware.
January 25th, 1917.
Rev. George A. Cooke, Wilmington,
Delaware.
My Dear Brother; Pursuant TO
the findings Of the investigating COM
mittee in the matter Of the complaints
OF the church against you, they have
sustained, by unanimous vote: Charge
!, Defamation-By virtue of the duty
imposed upon the undersigned as
chairman OF the aforementioned COM
mittee, l hereby notify you that You
stand suspended from all ministerial
and church privileges until the next
session Of the Wilmington Annual
Conference.
Respectfully,
"'W A. WISE. Chairman
"The defendant admitted receiving
the foregoing letter
"On Sunday, the twenty-eighth day
Of January, 1917, the accused appeared
in Wesley Church and there assembled
the pulpit where he was met bv the
Rev. Adam Stengle. who, at the re-
quest OF the accused, handed him the
following letter:
Wilmington District, Wilmington.
Del, January 26th, 1917.
Rev. Adam Stengle, Wilmington,
Delaware.
My dear Brother Stengle: I have
this day appointed you pastor of Wes-
ley Methodist Episcopal Church, this
city, the appointment to hold until the
meeting of the Wilmington Confer
ence. / am making this appointment
because the pulpit of Wesley Church
is made vacant by the suspension OF
the Rev. G. A. Cooke, by a committee OF
investigation. make this appoint
ment by authority OF our book OF dis
cipline.
ROBERT WATT,
District superintendent
Immediately after reading the fore
going letter. the accused proceeded to
conduct religious services when he
was asked to desist by one Of the trus-
tees OF tho church. The accused did
not desist, but continued to conduct
the religious services, and at the
conclusion Of his sermon he requested
the Rev. Adam Stengle to pronounce
the benediction. The accused. there
fore conducted, practically. all OF the
services in Wesley Church on that
day.
mo authorities were cited by either
the State or the defendant to support
their contentious.
The Law.
"The pastoral relation has been
passed on by courts many times, and
the law is now regarded as settled.
I'm "a Am. & Eng, Enc. OF Law, End
Ed, p 1856, the photographer says:
1.-THE profession OF a pastor or min
lister of any denomination is held sub
iect to its laws. these laws becoming
Just as much a part OF the contract of
his employment as II they had been
specifically referred to or written
out therein, and he is subject to re-
moyal In the manner and for the
causes provided I'm these laws "
| give cases are cited by Judge
Churchman.)
Even though a minister has been
improperly discharged by the church
Of which he is the pastor, he has no
right to enter the church against the
will Of the trustees 10 hold services
there" Citing one case.
1.-THE same photographer says, in
the same volume. at page 337:
"'The civil courts have no iurisdic-
ton OF the ecclesiastical contrOver-
sizes involving the removal Of the pas
tor of a church and the appointment
OF his successor under the color of
ecclesiastical authority. The tribunals
Of the church have exclusive authority
to determine all such controversies
finally, without interference on the
part OF the civil courts. Citing nine
cases.
IA priest or minister of any church
by assuming that relation, necessar
lily subjects his conduct In that ca
pacity to the laws and customs of th'
ecclesiastical body from which he de
rlves his Office and in whose name
/ he exercises his functions, and wheI
he submits questions concerning hi
, rights, duties. and obligations as sucl
priest or minister 20 the proper churcl
, iudicatory. and they have been hear'
and decided according TO the presorih
I cd forms, such decision Is binding
, upon him and will be respected b!
the civil courts zone case is cited
"'What acts or omissions of the in
cumbent created a forfeiture OF tn
pastoral Office, and thereby incapaci
tate him for the performance of pas
toral duties is a question not withil
the province OF a court of law to de
, termine, II being exclusively within
the cognizance OF an ecclesiastical
! tribunal zone case is cited)
"The jurisdiction OF civil courts j
well settled. From % Am. and Eng
b Enc. OF Law. 2nd Ed, page ....)
- quote the following:
"'The ecclesiastical courts have ex
elusive jurisdiction in matters o
2 church government, church organizs
{ ton, religious tenents, the laws o
5 religious adjudications, and all othe
matters pertaining solely TO the churcl
= as such: with these the civil court
p cannot interfere The jurisdiction o
: the civil courts to interfere with eC
/ clesiastical controversies Is limited I
those cases In which the rights O
property or civil rights are involved
|. (Sixty-five cases are cited by Judg
\ Churchman.)
"Civil courts are precluded from rs
; viewing decisions of an ecclesiastica