Every evening, Wilmington daily commercial., 1921-06-04
REASONS GIVEN FOR
ASSEMBLY'S ACTION
IN McELMOYLE CASE
Continued from page I.

1t Is to be noted that this section
differs from the other parts of the
Form of Government and Book of
Discipline referred to in that IL con-
tains no requirement or provision
whatever az to the issuance of cita-
tions. The failure of presbytery to
serve formal citation upon DIR. Nc
Elmoyle In this proceeding was there
fore not a violation of any require
ments of the Form of Government or
Book of Discipline. We do not mean
to be understood as approving of the
practice of proceeding without service
of citation in such cases. On the con-
trary, we advise and approve OF the
issuance and service of citations as
being the most satisfactory proof that
due notice has been given to the pastor
concerned. but inasmuch as the
service of the citation Is not required,
we hold that the only effect of pres
bytery's failure to issue and serve
1t WAS to cast upon the presbytery
the burden of showing by some other
means that DR.. McElmoyle had due
notice of all proceedings affecting his
rights and interests This burden the
presbytery has in this particular case
satisfactorily discharged. II is show
that DIR. McElmoyle was present at
presbytery when the petition for in
vestigation was presented, he was ad-
vised i'm advance by the investigating
committee as TO its manner of pro-
cedure, he appeared before IL as did
all persons presented by him, he was
at the meeting OF presbytery on the
day when the report of the Investi-
eating Committee was adopted and
also on the day when the citation to
his congregation was directed to be
issued and that citation was sent to
him and ready by him to his congre-
CATION. 1t is. therefore. fully shown
that he had actual knowledge and
notice of all the proceedings OF pres
bytery. lie did not appear at the
meeting OF presbytery on the return
day of the citation. it is true, but I
is not denied that he had actual
knowledge of the meeting and of the
fact that the dissolution of his pas
toral relation with Elkton church was
to be considered. yet he made no re-
quest to be heard. no request for an
adjournment. no protest against pres
bytery proceeding in the matter. We
cannot imagine any circumstances
under which DR.. McElmoyle could
possibly have had fuller notice or
knowledge Of the proceedings. We
are of the opinion that because such
complete acknowledgement is shown. the
failure to issue and serve a citation
does not warrant Synod's reversal of
presbytery's action.
II Is. therefore. the Judgment of
the Judicial Commission:
Il That the appeal and complaint
of the Presbytery OF New Castle
against the Synod of Baltimore be
and the same is hereby sustained.
80. That the action OF the Presby-
terry of New Castle in dissolving the
pastoral relation between the Rev.
John McElmoyle. d. D.. and the Elk
ton Presbyterian Church be and the
same is hereby affirmed.
Election Held Invalid.
In holding invalid an election OF eid-
ers held in the Elkton church May 3.
1920, the judicial Commission gives
a lengthy review of the facts leading
up TO the meeting. The appeal in this
case was against the action of presby-
terry in refusing TO recognize Malcolm
r. Gilpin, who had been chosen at that
meeting. and appointing w. Sterling
Evans in his stead. On this point the
report says:
One Of the elders of the Elkton
church had died and the other three,
being antagonistic 10 the pastor. re-
fused TO call a congregational meet
ing. 1t seems, however, that a meet
ing purporting to be a congregational
meeting was held upon call of the
trustees of the church. At this meet
ing an amendment to the civil charter
of the church was adopted providing
for limited terms Of elders and deacons,
they TO be chosen at an annual meet
ing OF the congregation 10 be held on
the first Monday of May every year.
"On May 8, 1920, a meeting was held.
pursuant to the provisions of this
amendment to the charter. Action was
taken purporting to elect three elders.
among them Mr.. Malcolm r. Gilpin,
and also three descons. Mr.. Gilpin
was appointed as delegate to tn
presbytery. The presbytery refused
TO recognize the claim of Mr.. Gilpin to
a seat in presbytery and appointed
Mr.. w. Sterling Evans, heretofore an
elder. TO represent the Elkton congre-
ga ton.
THE permanent judicial Commits
sion is of the opinion that the election
of elders and deacons at the meeting
held in May, 1920. was invalid. for the
following reasons:
Il. The amendment to the charter
providing a mode of election of elders
md deacons was void as not being
authorized by the laws of Maryland,
and furthermore, IL the State of Mary
land or any other State should under
take TO regulate the election of elders
or deacons, whose powers or functions
are purely ecclesiastical. such regula-
tions would be void as yiolative of the
constitutional guarantees of religious
liberty and separation between Church
and State. IL is also violatiye of the
laws of the Presbyterian Church and
repugnant TO it's historic claim to i'm
nlunity from civil interference with
ecclesiastical affairs for any eongre-
cation TO undertake to subject itself
to such civil regulation. 1T Is anpar
ent that a majority of the members
of the ElIxton congregation felt that
amid the apathy of the elders and the
delay by the Presbytery. some steps
must be taken to bring about a re-
sumption of normal congregational
government, but such steps must
never be taken except by virtue of au-
thority that is solely ecclesiastical.
-. The lawful method Of calling
and holding a congregational meeting
n