130 Wis. 174 | Wis. | 1906
Of course the former decision has become the law of this case, and must control any situation not materially variant from that set forth by the complaint and then considered. Euting v. C. & N. W. R. Co. 120 Wis. 651, 98 N. W. 944. The variation most strenuously urged is that, instead of secession by certain members from the society, the society itself made whatever change occurred by incorporating, changing its name, withdrawing from affiliation with and subordination to the Western Conference of the Primitive Methodist Church, and allying itself with the Congregational denomination, all by majority vote of its members in meeting duly assembled. Let this fact be conceded for the purposes of the argument, what is the result ? The same authorities cited in the former opinion to deny the right of seceding members, though a majority, to take with them the property of the society also deny the power of the officers, of any majority of a religious corporation, no matter how fully invested with all corporate powers, to divert its property from the uses defined and limited “by the grant of such property to it or the purposes of its organization as regards the particular religious faith it was organized to promote.” Franke v. Mann, 106 Wis. 118, 130, 81 N. W. 1014, 1018. A religious corporation holding property charged with a trust for cer-"fcain purposes can no more divert it to other and inconsistent
The next question seriously controverted is whether any diversion from such restricted use has occurred. This is answered in the negative by respondents and, apparently, by the trial court, on the strength of the finding that no change in doctrine or forms of worship has been had. This, however, does not cover the whole question. To constitute one a member of a church, or an individual society a member- of a general synodical organization, at least two things are essential: a profession of the accepted faith and a submission to its government. Den ex dem. Day v. Bolton, 12 N. J. Law, 206. The Primitive Methodist Church clearly belonged in the third classification of ecclesiastical bodies promulgated by Miller, J., in Watson v. Jones, 13 Wall. 679, and adopted in Franke v. Mann, 106 Wis. 118, at page 133 (81 N. W. 1019), namely:
“Where the religious corporation or ecclesiastical body holding the property is but a subordinate member of -some general church organization in which there are superior ecclesiastical tribunals with a general and ultimate power of control, more or less complete, in some supreme judicatory, over the whole membership of that general organization.”
The Primitive Methodist churches, in several of the Western states, were consolidated into what was called a general conference, known as the Western Conference, under the discipline of which there was primarily the society or congrega
In tbe view adopted by tbe trial court that tbe defendant corporation is tbe same society existing prior to 1891 under tbe name of tbe Dodgeville Primitive Methodist Church, and which,.for some fifty years, bad been in possession of these premises, of course tbe defendants could have no greater right than bad tbe former society, and tbe sole question for decision is whether their procedure was sucb as to continue those rights of possession or partial possession. This renders it rather unimportant whether there ever was complete nomination and appointment of the Primitive Methodist denomination in lieu of the Wesleyan Methodists in compliance with the trust deed from Wilson, for the old society at least had and exercised possession, and defendants were as much restrained and limited in an attempt to pervert that possession as if the title were absolute. We have, however, examined the evidence upon the question of appointment, and are persuaded that it suffices to establish the fact of actual appointment by the original trustees. It is proved that about 1849 or 1850 the Wesleyan Methodists did withdraw from the occupation of and holding religious services upon these premises, and that some arrangement was made between them and the Primitive Methodist Society to occupy it, whereby the latter refunded some money which the Wesleyans had paid toward the cost of the original church edifice; also that most, if not all, of the trustees under the Wilson deed were participant in such negotiations; that immediately the Primitive Methodists entered into possession with the apparent assent and approval of such trustees, and from 1850 onward held
Much stress was laid in argument upon a resolution adopted by the general conference of the Primitive Methodist Church in May, 1896, to the effect that “if any church or circuit shall have decided to withdraw from the connection, we bid them God speed, and pray that their newer association may bring to them grander opportunities for the advancement of His Kingdom.” This was contended by the respondents to become, so to say, a part of the discipline, and to make it the right of any congregation to withdraw. We deem this resolution immaterial to the present controversy. In the first place, if an authorization, as claimed, it was addressed only to the circuit or charge, which could act only in quarterly conference, as hereinbefore described, and had no application to secession by an individual society without action of the conference. Apart from this, however, we can find nothing in the resolution significant of an intent to waive the provisions in the discipline above referred to, providing for the retention of the property of any society which should secede, for the benefit of any Primitive Methodist Society at that place. u But we do not think that the resolution is open to construction as a consent, approval, or authorization of any withdrawal whatever. It bears upon its face, especially in the light of the surrounding facts, merely the significance of
It is urged that we cannot review the findings for the reason that it is not sufficiently certified that the bill of exceptions contains all the evidence. That document contains a recitation to the effect that therein is “all the evidence material to the questions raised on the appeal,” and in the certificate it is declared to contain “all the testimony given on both sides necessary to present the questions raised upon the' appeal.” Doubtless there are many expressions in our decisions declaring the necessity generally that there shall be a certificate by the trial judge that the bill of exceptions contains all the evidence, to enable this court on appeal to go behind either findings or verdict. The expression “all the evidence” is, however, used in those cases in the sense of all necessary evidence. It would, of course, be absurd to require that all the evidence received upon a protracted trial with many issues must be before this court to enable it to examine the correctness of a finding by a court or jury upon a single one of those issues. In this view the rule of court on the subject (Circuit Court Rule XXII, sec. 3) provides that the bill of exceptions shall contain only so much of the evidence as may be necessary to present the questions of law raised on the trial, and requires of the trial judge that he strike out redundancy. Further than this, it has been declared by this court sufficient that the bill contain all the evidence material to the questions raised upon the appeal. Reinke v. Wright, 93 Wis. 368, 370, 67 N. W. 737. In the
Perhaps a precautionary word is necessary to emphasize the fact that the rights here considered, whether they belong to plaintiffs or defendants, are very limited in their character, and are only those prescribed by the Wilson deed for what we may term'a dominant religious sect, namely, to use the church only at specified times, subject to the command that otherwise it shall be open to ministers of other denominations and for other purposes of moral tendency. In this view the plaintiffs, though entitled to judgment against the defendants, are entitled to be protected in only such rights as the trustees in the Wilson deed could confer. They should have judgment establishing the right of the plaintiff society to have the use of the church edifice from 10:30 to 12:30 o’clock Sunday mornings and at 6 o’clock Sunday evenings and on every Wednesday evening, and that defendants be enjoined from in any wise interfering with such use.
By the Court. — Judgment reversed, and cause remanded with directions to enter judgment in accordance with the prayer of the complaint, except as qualified in the foregoing opinion.