62 Iowa 567 | Iowa | 1883
Lead Opinion
I. The plaintiff took and offered in evi
This portion of the deposition was improperly stricken out. It was certainly competent to prove by the bishop of the church the meaning of the words parish-and rector, as understood by the canons of the church. But the important and material portion of this testimony is that which states that
' II. The error of the court in rejecting the evidence offered is, however, immaterial, unless the testimony offered, in
Article one provides: “This association is incorporated by the name and style of St. Mark’s church of Waterloo, Black Ilawk county, Iowa.”
Article five provides: “The members of this corporation desii’C admission into union with the convention of the diocese of Iowa.” Bishop Perry testifies that St. Mark’s parish,
The fifth canon, section three, provides: “It shall be the duty of the vestry to elect the rector, except in the case of the bishop’s church, and supply services where there is no rector.”
Section five provides: “Wherever the term rector is used in this or any other canon of this diocese, it is to be understood of any minister duly elected by the vestry to the charge of a parish; and it is hereby recommended that every rector be instituted, according to the provisions of the church.”
Canon four, title two, of the canons for the government of the Protestant Episcopal church in the United States of America is entitled: “Of differences between ministers and their congregations, and of the dissolution of a pastoral connection.” Section one provides: “A rector canonically elected and in charge, or an instituted minister, may not resign his parish without consent of said parish, or its vestry, (if the vestry be authorized to act in the premises,) nor may such rector or minister be removed therefrom by said parish or vestry against his will, except as hereafter provided.”
The next section provides for the dissolution of the pastoral relation, when the parties cannot agree respecting the separation, by the bishop, acting with the advice and consent of the standing committee of the diocese or missionary jurisdiction.”
At a meeting of the vestry of defendant, December 23, 1878, “it was moved and carried unanimously to accept Rev.
The defendant, by its articles of incorporation, its admis
Reversed.
Dissenting Opinion
dissenting. The defendant is a religious corporation incorporated under the laws of Iowa. The provisions of law under which the defendant was incorporated cannot be dispensed with by contract. One of the provisions of law under which the defendant is incorporated is that the corporation may annually or oftener elect from its members trustees, directors or managers. Another provision is that the trustees, directors, or managers shall have the control and management of the affairs of the corporation. Code, § 1097. The defendant elected trustees, directors, or managers, which it called vestrymen. Under the statute, I think that they had the control and management of the affairs of the corporation. What precisely the word “affairs,” as used in the statute, embraces, when applied to a corporation like the defendant, we need not determine. It may be that affairs of such a corporation which are of an ecclesiastical or canonical character are not within the control of the vestrymen. But some affairs manifestly are, and I think that all are which pertain strictly to the civil rights and liabilities of the corporation. Among them is the matter of its finances. The vestrymen are supposed to understand its resources, present and prospective, and must be allowed to determine from time to time its expenditures, and graduate them accordingly. An incurment of liabilities beyond its resources
I think that we may give the statute full force, and not materially interfere with the canon which the plaintiff invokes in his behalf. But, if there is any conflict, the statute must be held paramount.