Evening journal., 1922-01-16
WESTERN CASE
IS REVIEWED
BY DIR. WATT
Continued From First Page)

within the past few weeks to con-
fuse the public as to the right OF
r. T. Western, the unfrocked Meth
odlst local preacher. to perform the
marriage ceremony. A glance at
the facts by way Of reminder will
be in order at this juncture.
1T will be remembered that last
October, to be exact. October 4,
1921. Mr.. Westren appeared before
the Mount Salem quarterly confer
ence. the tribunal specified in the
law of the Methodist Episcopal
Church, to answer to the charge Of
conduct unbecoming a minister OF
the Gospel, to wit, splitting marriage
fees with certain jitneuers. Before
that court. Mr.. Western admitted
that he had bargained with the jit-
neuers on a fifty-fifty basis, that is,
he agreed TO give one-half his mar
riage fee. etc. He admitted this in
his testimony. For this and other
offenses he was expelled by the
court above named.
Upon learning OF the verdict Of
the Church Court, Henry A. War
burton. State attorney for Cecil
county, forbid Mr.. Westren from
performing the marriage ceremony
pending the meeting of the VIII
mington Conference in March.
But in the meantime Mr. West
ren set up the claim of non-jurisdic-
tion, and he seems. according to
newspaper reports. to have found an
attorney in Elkton who advised Mr.
Western that he had a right to
marry couples, presumably on the
basis OF a certain credential unlaw-
fully, retained by him. Just what
the attitude OF the courts will be
when this matter is tried out re-
mains to be seen. 1t would seem a
rather strange code OF legal ethics
which would permit an attorney to
advise a client that he had a right
to use a forfeited credential after he
had been deprived OF his ministerial
standing and functions. In other
words, to advise a client that he had
right to use a badge OF authority
to exercise certain functions, after
by due process OF law that client
lad been unfrocked and required by
the same judicial rrncess to surron-
der what was not his. To the lay
mind this seems like strange legal
ethics, but let the courts decide.
but, Mr.. Western raised the
question of jurisdiction. When?
After he had appeared before the
proper tribunal and after a fair trial
unfrocked. Thrice prior to the trial
he either personally or through an
attorney asked for a change of
venue and a postponement OF the
trial. That is, a minister who knew
the law OF his church, and knew
that the tribunal which had sum-
moned him to answer for his alleged
misdeeds; and who also acknowl-
edged the jurisdiction OF that tri-
bunal in the manner described, who
did not question its validity. who
appeared before II and stood trial.
without protests. then after he is
unfrocked he cries. 4 am a mem
/ Der OF the Montana Conference. or
: / am amenable to the Montana
Conference etc, and expects SEN
sible people to believe so prepos-
ferrous a claim. Well. he evidently
found an attorney who was hood
winked by an unfrocked minister, at
least such Is the report.
Now what Of this silly and
froundless claim? This man was for
years a member Of an Annual Con-
ference. He knew the law Of the
church He was conversant with ths
fact that when a minister is located
that according to paragraph t69 Of
the Book OF Discipline Of the Meth
odist Episcopal Church. that fact
terminates his membership In that
Annual Conference. In fac. jhe cap
tion OF the paragraph referred TO IL
Termination OF Conference Mem
bership.' But further his attention
was directed at his trial to the fact
that when the Montana Annual Con-
ference located him he was residing
within the bounds Of the Whining
| ton District OF the Wilmington An
nual Conference. He knew and nc
now knows that the law OF tho
+ Methodist Episcopal Church makes
a local minister ordained or un'
ordained amenable to the church au'
thorities where he resides at the
/ time Of his location. It Is too late ir
the day for him to set up the belatet
claim OF non jurisdiction, and it l.
amusing that an attorney shoulC
have been caught with groundles
claim.
what action the states attornel
will take in view of the fact tina
Western disregarded the authority o
the States attorney remains to b
seen. According to newspaper re
ports the States attorney said h
could not proceed until he had OF
ficial knowledge that Western ha'
ignored the order OF the States at
torney. The press reports all state'
that as soon as Western filed his re
turns OF marriages performed n
was to be prosecuted. It is report
ed that he has filed his returns AM
quit. II he has filed those returns
he. himself, has furnished proc
. that he has fiouted the mandate o
. the officer OF the law. That is, h
has not only defed the church au
. thorities but the civil authorities a
we'll
THE latest development. how
{ ever, is an attempt on Westren'
part TO enter the ministry OF tn
, Unitarian Church. In letters fror
! the authorities OF that denominatio
this fact is revealed. The only rea
son assigned for this effort to en-
= ter the ministry Of another churc
, Is in his own language the reaso
{ why I seek admission to your mir
, fstrv is on account OF my liberal an