Evening journal., 1917-02-17


elusive zone case is cited here)
The same authority holds: Courts
will not review the judgments or acts
Of governing authorities Of a religious
Organization with reference to It's inter.
nal affairs for the purpose of ascer.
tanning their regularity or accordance
with the discipline or ussges of such
organization eight. cases are cited.)
Nor pass upon the jurisdiction OF
an ecclesiastical tribunal where no
question OF property right Is involved
Eight cases are cited)
Where the subject matter Of dis
pute is strictly and purely ecolesias-
teal in its character and concerns
theological controversy. church dis
cipline. or ecclesiastical government,
the civil courts cannot inquire into the
jurisdiction of the ecclesiastical court
even though there is incidentally in.
volved In the question property acquir.
! ed for the general use of a religious
, congregation, but not devoted by the
instrument under which It is held to
the teachings Of any particular doc.
trine or dogma 1.-TWO cases are
/ cited.)
For the purposes OF this rule it
can make no difference whether the
governing authority Is confided to one
man or to synod or conference, nor
whether the mode Of procedure permit.
ted TO such person IS IN accord with
the ordinary course or investigations
or trials. Each religious organization
must be the Judge OF its own laws
! zone case is cited.)
Where rights of property are in
/ question, however, the courts will in.
quire whether or not the organic rules
and forms Of proceedings have been
! followed Give cases are cited }
When tested by such organic rules
and forms If il is found that the pro-
ceedings of the tribunal we're without
jurisdiction, these proceedings will be
held void insofar as they necessarily
and directly involve property rights"
! Give cases are cited)
Judge Churchman quotes at con-
siderable length in sixteen typewriter
pages, from decisions of numerous
courts, and adds:
space prevents further quotations
OF the cases cited. almost all of which
/ have carefully read, and they sus.
tain and support the rules as above
stated
! Opinion.
Under the long standing rule in
this state I must follow the decisions
of our own courts; r. however. as in
this case. the questions of law in
volved are ones OF first impression,
must follow the rulings already
made in courts of last resort In our
sister States.
The authorities quoted constitute
the established rules or doctrine on
the subject in this country. sustained
by almost unanimous authority. GER
tainly by the overwhelming weight OF
the authority. The law, generally
| speaking, is that all courts are pre-
/ cludod from entertaining or deciding
any and all matters OF ecclesiastical
nature except those where property
rights are involved. Therefore. in
this case I can only inquire into one
matter. Is there a property right IN.
volved? The answer must be in the
negative. I cannot take cogni8ance OF
any other ecclesiastical matter. AS
the accused is bound by his oath
taken at his ordination, to support
4
am I bound by the law Of the land. u
is apparent under the rules OF law,
that the accused cannot have his case,
which was heard before the Commit.
tee Of Investigation. reheard or re-
tried on any ground in any court of
law. The courts are precluded All
the matters of procedure raised here
by the accused must be determined on
error or on appeal by the proper &C.
clesiastlcal tribunal under the rules,
called the Discipline Of the Methodist
Episcopal Church.
Did the accused become tres.
passer by ascending the pulpit on
the day in question and there con
Quoting the religious services? He
had been suspended after a trial by
his brethren OF the church. Courts
must recognize the finding of the
Committee of Investigation as final
until reversed on appeal. Therefore
the accused acted without authority
In conducting services in Wesley
Church on the day stated in the in.
formation. The accused, after his sus
pension, was in the same position
and had the same standing as any
other citizen or church member He
the Methodist Church. He had been
deprived of all his rights TO ofiiciate
he had been suspended from all
ministerial services and church priv
leges' | cannot under the law cues
ton the authority of the church OF
fetal who suspended him. l must &C
cept the act as final. The accused
therefore, on that day acted without
authority of the church and became
an interloper who had injected him
Z self upon the congregation. He was
asked by trustee to desist. He die
not do so, but continued TO conduct
the services, and in so doing he be
came trespasser alb initio.
Our constitution enjoins the duty
a.. upon citizens Cart. 1, Sec u Ere
! quently to assemble together for the
public worship OF Almighty God and
makes certain provisions for the
/ free exercise OF religious worship
Our courts have implicitly follow
; ed the doctrine of the freedom o.
church and State. which has existed
] from the very foundation of our gov
eminent
The law having imposed such Z
duty and granted such a right; tn.
? courts having determined that al
members OF church are bound b,
r the church laws and procedure. tn,
law must protect citizens in the per
) Torrance Of their duties and in tn,
exercise of their rights; and must alsC
+ protect the church authorities in tn,
} exercise of their rights TO conduc
2 their ecclesiastical affairs IN thar our