Year: 1871

canon was Sp 1852 revealed by the Gensra Conversion in
sSsn p1.sSsssI
effort was made at this convention to ameni the OLD
canon See journal Of convention p S. for report OF


The subject 1865 was brought before the Convention
notices ss sound principle that where the rights and
interests Of both ministers and congregation con
Oened the body to Judge should be composed of clergy
while the effort of Mr. Hoffman in the General Oonyen-
tiOn and the expressed opinion the late G. M Whas
upon tse Cssswhich arose in Michigan, see Hoimsn's
cited ScnPe Of an eminent ppssbyter Of this diocese
Rev: M A. DsWoe Howe (yhOse letter regret to ssy,1


The Legislation now repealed embodied the views Of the
to repea De existing law both indicated desire either
to perfect the method Sf trial. or to sboish il and thu.
the ezressed opinions Of preates Pres6yers and con
ali seem to take It for granted that 10 some cd
trial bould take place and in default thereof the minis
tera bond should not be severed Upon general prnc
pies the views already expressed in this opinion upon
%be e WhoS deCSTes That 9'% minister
tied for all purposes here or elsewhere mentioned in
parish according to the rules Of said diocese for any
gest of Oanons D. 49, would seem 60 indicate the sense
The Church 70 be, First That settlement should not
That unless S. some special agreement or the terms of


Having thus considered the facts and law of the Oase
it becomes duty to according to the dictates of


it very evident the of this corporation
ends dsngered by internal difficulties of which cannot
speak because have no judicial knowledge Of their
Dature be the what the it is certain that
house divided against itself stand. therefore
officially recommend amicable adjustment Of exist
ing difficulties. Should ntmston to that effect be
made will at once modify suspend the operation OF
order about to be recorded. -,


The usefulness of the rector and his assistant will be
greatly promoted and the of vesty and parshlon
eestabed should the suggested be adopted
and this expression of ndi dual opinion (Which
can have place here but Of judge clothed with the
powers Of chancellor about to exercise most delicate
prerogatve ind thereby to iusub0rdi
nation, wful disregard of ecclesiastical authority
economically invoked but only to prevent remediless
injury.


The first prayer for relief cannot be granted at this
stage of this cauee will granted the second prayer
in the bill contained because the injunction would be
mandatory


The plaintiffs are however entitled TO relief prayed
for in the third prayer OF the bill and is therefore
deed adJudged ad decreed that the preliminary inuuc
ton heretofore granted be continued until the ther
order of this Court and that the defendants their agents
and be restrained from interfering any way
with the by the Rev. H. g. Battetson OF his office
of rector and with the exercise of the Rev w. III. N
Stewart his office of assistant minister in St. Clements
Church in Philadelphia until regular and canonical dis
solution of the connection existing between them and
the congregation of said Church shall take place in
cordance with the constitution and canons of the Protes
tant Episcopal Church in Pennsylvania and in the United
States.