Smyrna times., 1936-08-20
CONFERENCE TO
LAW ON CHURCH
M. E. Church Heads Seek In
junction on COOkman
Church Property
MEETINGS HELD THERE

MEETINGS HELD THERE
Trustees of the Wilmington An
nual Conference of the Methodist
Episcopal Church asked the Court
of Chancery Thursday to compel
the trustees of the dissolved Cook
man M. E. Church to give up the
church property at Fourteenth and
DUPONT Streets, Wilmington. The
bill of complaint for mandatory
writ of injunction to compel the
church trustees to convey the deed
was filed by Clair j. Killoran of
the law firm of Nelson and Killor-
an, on behalf of the conference
trustees and Thomas H. Legg, Jr.,
of 14O0 North Lincoln Street, who
was a member of the church when
it dissolved. The bill also names
as a defendant, Ernest r. Robinson
of 2318 Pennsylvania Avenue. les
see of the property on behalf of
the First Independent Church of
Wilmington. Behind the legal ac-
ton lies the recent clash between
the Rev. DR. Walter E. Gunby, SUI
perintendent of the Wilmington
lDistrict of the Wilmington M. E.
Conference and the eight trustees
of Goodman Church who refused to
surrender the property to him.
They also refused his demand to
abrogate the contract they had
made with 200 former members of
First and Central Presbyterian
Church who broke away from the
Presbyterian church when the Rev.
Harold S. Laird, former pastor of
First and Central, was disposed in
fundamentalist-mo row.
Swift Ruling Expected
Chancellor Josiah o. Wolcott is
on vacation but Resident Judge
Frank L. Speakman has power to
issue an injunction order pending a
hearing. The plaintiff moved to
have the defendants show cause
why a preliminary injunction
should not be issued A ruling is
expected this week. The court is
asked to decree the lease invalid,
and that the building not be used
''for any purposes connected with
the functions of religious So
ciety." The boiling Presbyterians
who now are using the old Cook
man building are referred to in the
bill as "a certain congregation of
Christians" Validity of the lease
is attacked in the bill on the
grounds that it violates Methodist
Episcopal Church law and the laws
, of Delaware. 1t is contended the
| lease is void because the Cookman
congregation before its dissolution
did not authorize the trustees to
! make it; also, because the congre-
cation unanimously directed the
conveyance of the property to the
conference trustees, and because
! the lessee is mot a corporation or
ganized according to the provisions
of the laws of the State of Della
, ware"
Philadelphia Suit Filed
5 Meanwhile in Philadelphia, offic-
: ers of the Presbyterian Church in
f the u. S. A brought an equity ac-
y ton in the county court last week
E to prevent use of the name, Pres
E byterian Church of America, by
r seeding ministers of the Older
$ church and their followers. The
: complainants contended the Pres
/ byterian Church of America is or.
: ganized upon principles, doctrine
a and form of government Identical
with those of the plaintiff church
and its committee on home mis-.
mions and church extension anC
e general assembly, together with it:
n officers and members, "are engag.
J. ed in promoting and expanding
o their organization by a process o.
: undermining the plaintiff church
:. from which they have seeded, ant
e are setting up an organization
J. identical in substance. form ant
IL terminology as the plaintiff church
: to which they proclaim and repre-
e sent themselves to be the spiritua
successors. The Presbyterian
Church of America was formed a
meeting in Philadelphia a few
: months ago. The Rev. DIR. j
a Gresham Machen was elected mod
: orator The complaint says the de
a PENDANTS are engaged in an ag.
! gressive campaign to induce mem
a bers and individual churches of the
: plaintiff church to withdraw (fron
e the Presbyterian Church in the u
r 8. Al with the church property
under, their control"