66 Ga. 198 | Ga. | 1880
The plaintiffs in error, Baker, Young,' Butler, as trustees of “First African Baptist Church in Savannah,” and McNish, Bowles, Mitchell and McIntosh, who with the
That said defendants and their, confederates, by illegal means and without authority, and contrary to the wish of a majority of the members, without notice or trial, proceeded to expel your orators Young, Butler and Baker, and dropped from the diaconate your orators McNish, Bowles and McIntosh, and have assumed to elect Houston, Wright
We cannot understand upon what principle the court based its decision in dismissing this pause under the facts set forth in this bill. -Here were a number of complainants alleging that they were (a part of them) trustees, and all of them, officials of the First African Baptist Church, representing a majority of the membership of said church, who were recently in' the peaceable use and possession of said chjurch edifice, having control of its management, and worshiping under the ministry of a pastor duly elected
“Although a withdrawal by one part of a church congregation from the original body of it and uniting with another church or denomination, is a relinquishment of all rights in the church abandoned — the mere assembling in a church (as ex. gr. the Baptist), where the congregational form of government prevails, of a majority of a congregation, forcibly and illegally excluded by a minority from a church edifice in which as a part of the congregation they had been rightfully worshiping in another place — the majority thus excluded maintaining still the old church organization, the same trustees, the same deacons, is not such a relinquishment, and the majority through the civil courts may assert their right to the church property. 15 Wallace, 131.
In a congregational church (and such it is understood the Baptist church to be) “the majority if they adhere to the organization and the doctrines represent the church." The question here sought to be decided, is as to which of these parties are entitled to the use, occupancy and enjoyment of this church edifice and premises — the question respects “ temporalities ” and “ temporalities " alone. Further, in 11 Heisk., 523, the court say: “A minority of a congregation seizing the temporalities of a church and
Although the civil courts will not, in case of persons excommunicated by competent church authority, go behind that authority and inquire whether the persons have been regularly or irregularly excommunicated, the courts may inquire whether the expulsion was the act of the church, or of persons who were not of the church. 15 Wall., 131— 9 — 40. When property is devoted to a specific doctrine the civil courts, will, when necessary to protect the trust to which the property has been devoted, inquire into the religious faith and practice of the parties claiming its use, and will see that it shall not be diverted from that trust.' 13 Wall., 689.
The right of the civil tribunals to interfere to protect beneficiaries in the use and enjoyment of their religious privileges in the use of church property, is recognized in the case of Harris et al. vs. Pounds et al., decided at September term, 1879, °I this court.
Questions have been made as to the parties to this bill set forth as complainants. We can only say, three of these parties complainant allege themselves to be trustees, appointed by the superior court of Chatham county for this church, and they certainly have a right, prima facie, to represent the trust committed to them and to protect it from an improper and illegal diversion by others, as they allege.
But the other complainants claim to represent, as the officials of the church, a majority of its members. It has been settled where numerous parties have a common interest a few may sue representing the others. 16 Howard, 288.
Let the judgment of the court be reversed.