Evening journal., 1921-10-26
new ELECTION
ORDERED IN
ELKT0N CASE
CONTINUED from Page one)

testimony presented before the Ju-
dicial Commission.
3 THAT the Presbytery OF New
Castle be and is hereby directed. to
call meeting OF the congregation
OF the Elkton Church for the pur-
pose of electing elders as the church
may wish. and for the transaction
OF any other business that may legit-
imately come before the congrega-
ton. il the way be clear.
THAT the Rev. u. Franklin
Smiley, d. D., or some other mem
Der of the New Castle Presbytery,
acceptable to both parties, be ap-
pointed to moderate said meeting,
which shall be held within thirty
days from this date.
THAT further, II said election Of
elders be consummated and the way
be clear, the said moderator COM
plete the organization, by ordain-
ing and installing elders.
Chairman Of Commission,
THOMAS c. CLARK"
Prior to the presentation of the
commissions report. it was rumored
about the sessions that the congre-
CATION OF the Elkton church is en-
deavoring to have, Doctor McEl-
moyle. deposed pastor, assigned to
that church as a supply pastor
The Presbytery Of New Castle de-
cided to appeal to the General As
sembly from the Judicial Commis-
sions decision.
The session OF the Synod OF Balti-
more was enlivened yesterday after
noon by the reopening OF the case Of
DR.. John McElnfoyle. the deposed
pastor OF the Elkton (Md) Presby-
terian Church. The judicial COM
mittee to whom had been referred
two complaints filed earlier In the
session, wrestled with their prob
lens in committee room for an
hour and then presented a resolu-
ton asking that the complaints be
referred { o a judicial commission.
The report OF the judicial committee
was as follows:
THE judicial committee OF the
Synod Of Baltimore has examined
from the Elkton church a complaint
touching the procedure and action
of the Presbytery of New Castle
through a committee appointed by
presbytery. The committee finds
that the church believed that the
committee acted with free authority
of Presbytery.
"The minutes of Presbytery do not
record that Presbytery authorized
the appointment of such a commit
tee, although they do record that
the Moderator appointed the COM
mittee. The minutes do not set forth
what authority was given to the
committee on the Elkton church. The
| minutes Of the Presbytery relative to
recent action of the Presbytery are
not submitted to the Synod or avail
able to the committee, although the
judicial committee has semi-ofiicial
information that the Presbytery ap-
proved the action OF it's committee
on the Elkton church. Therefore,
! lhe judicial committee recommends
that the complaint be found in order
although a motion of Presbytery of
New Castle is on file TO dismiss the
complaint referred to. and we recon
mend that il be referred to a judi
cial commission for ADJUDICATION.
Furthermore complaint No. 2 Il
so nearly related to No. 1 that we
recommend that It also be referred
Ito the said judicial commission"
The report was signed by Edward
Wright. Freel6y Rohrer and J. Rus
sell Gaar.
After this report had been read
the Rev. X. Watkins Lacey Of Po'
comoke City. Moderator OF the Pres
bytery Of New Castle. insisted OF
reading a two hundred page repor
OF the Mclmoyle case as printed il
the minutes OF the General Assem-
bly,. This report showed that thu
General Assembly had sustained the
Presbytery of New Castle in th'
controversy.
DR.. Henry Runner. OF Darlington
Md. chairman OF the Synodical com
mittee In the appeal OF the Pres
bytery OF New Castle to the Genera
Assembly in the McElmoyle case
read a report Of his committee II
which It was held that the judicia
commission OF the General Assem-
bly, erred In holding that DR.. Nc
Elmoyle had received proper lega
notification in the case The com
mittee's report was as follows:
Your committee on arrival
Winona Lake lodged the papers en-
trusted TO II in the case with thu
stated clerk. These were first put b,
the Assembly in the hsnds OF thu
lcommittee on judicial business, anC
lby them It was recommended tha
the case be sent to Permanent Judi
cial Commission.
THE commission met and you
committee appeared before it. to
gether with the representatives o
New Castle Presbytery Ever!
courtesy was extended by the com
mission. and a full hearing was givei
to the representatives OF each part,
in the case. Your committee pre-
sented their arguments IN supper
of the action OF Synod very fully an,
+ cogently. This may be said withou
, embarrassment, inasmuch as this re
, port was prepared by the chairman
Of the committee, whereas the bur
den of the defence was largely car
Tried by the other members OF Il. TIL
judicial commission, after hearin
, counsel for both sides. took the mat
ter under advisement. and subse
quently reported to the Assembly It
Judgment, sustaining the appeals @
New Castle Presbytery in almos
every particular. This became auto
matically the iudEment OF the Cen