Evening journal., 1921-10-06
STATE LETS
WESTERN Go
ON MARRYING
tconllnuea from FIrst paEel


his Office can take no action.
"There is nothing criminal in Mr..
Westerns stand" he said today. "As
long as he holds his ordination pa
pers. we cannot touch him. II the
Methodist authorities wish to get
these papers from him. their resort
is TO 20 TO a court OF equity and seek
a mandamus. and restrain him from
performing marriages.
LAS to the validity OF the mar
riages performed by Mr.. Western
subsequent to his dismissal, that is
another matter. Those now married
by him will have to fight that out in
the courts, II the validity is ques-
toned. II is not a matter for our
Office"
When DR.. Watt was today told OF
Mr.. Warburton attitude, he ex-
pressed much surprise. saying he
knew that the States attorney had
stopped another man from perform
ing marriage rites in Elkton. DR..
Watt also said he intended going to
Elkton to confer with Mr. Warbur-
ton on the case. II necessary. he
said. he would begin a mandamus
action to compel Mr.. Westren to turn
over his ordination papers on the
ground that the papers are the prop
erty OF the Methodist Church and no
longer belong to the preacher in
view OF his expulsion.
Even while giving an interview on
the ethics OF marrying couples and
splitting fees with taxi men, Mr..
Westren yesterday afternoon. stop
ped long enough to perform a cere-
mony, uniting Miss Octavia Hart and
Harold c. Kister, both OF Reading.
The bridegroom handed Mr.. West
rem an envelope supposedly contain
ing a fee. This the preacher pocket
ed without disclosing its contents or
amount At his trial here he ad-
mitted receiving from 50 10 $40 from
each couple.
when DR.. Watt. who brought the
charges which led toiMr. Westerns
trial and expulsion, was told that
the expelled pEeacher was continu-
ing his practice, he said:
'Mr. Western Is acting entirely H.
legally from our standpoint. He
seems to be very ignorant OF our
church law.
"Mr Western says he intends ap-
pealing from the verdict expelling
him from the ministry OF our church.
He doesn't seem to realize that under
the law OF the Methodist Episcopal
faith such an appeal acts as no stay.
The church law distinctly says In
no case shall an appeal operate as a
suspension OF sentence
"Of course Mr.. Western may not
have received the formal notice OF
his expulsion I mailed him yester-
day coupled with the demand that
he turn over his ordination papers
We may have little trouble with
him, but we will halt his practices
! in the end"
Or. Watt has outlined the basis Of
the prosecution and trial OF Mr..
Western as found in the book OF
discipline, which constitutes the law
OF the Methodist Episcopal Church,
as follows:
First. Whenever an offense is
committed by a minister. the Discip-
line distinctly states that he shall be
tried within the bounds Of his dis
trict where the offence is committed.
Second The Book OF Discipline
also. provides that in the case OF a
local preacher. ordained or unor-
dalned, he shall be tried by the dis
trict or quarterly conference. Where
no district conference exists. as in
this case. he shall be tried by the
Quarterly Conference.
Third. The Discipline also pro-
vides that H. In the judgment Of the
District superintendent a fair or i'm
partial trial cannot he had in the
Quarterly Conference In which the
offonse was committed. he can order
II tried before Quarterly Confer
ence I'm another part OF the district.
Fourth, the Discipline also pro-
vides that the'district superintendent
shall preside at the trial. but ac-
cording to the judicial decisions Of
the General Conference, neither the
pastor nor district superintendent
can act as trial judge whore either Of
them are parties to the action; but
the Discipline provides, further that
the district superintendent has au-
thcrity to appoint an elder to pre-
side in his stead.
Now Mr.. Western. at this late
date, questions the jurisdiction OF
the church court which tried him.
According to ecclesiastical and civil
procedure that question must be rails
ed before the case goes to trial. He
did not raise that question before
the case went to trial. but three
times acknowledged the jurisdiction
asking personally, himself. as OF
/ date. September IS. for a postpone
ment. and again, As Of date, Sep
temher 27. through his reputed at
torney. r. Kirk Brown. Esq. he
again asked for a postponement. and
again as of date OF October /
through his reputed attorney. e.
Kirk Brown. Esq, he asked for a
postponement. In each case he alsc
asked for a change OF venue.
"Mr. Westren, II should further
be noted, also appeared without pro.
test before the tribunal which tried
him. Certainly these facts show h,