150 N.W. 750 | N.D. | 1914
Lead Opinion
This is an action at law for the recovery of the possession of the property and records of the Thingvalla Lutheran Church, a religious corporation. The defendant society had existed as an unincorporated religious association from its organization in 1889 until the summer of 1910. In 1909 a schism arose over different beliefs as to the inspiration of the Scriptures. In May,- 1910, plaintiffs, members of the society, withdrew from participation in congregational matters. The defendants, the majority, discharged their pastor, and over the protest of the minority withdrew the congregation from the synod to which it had belonged for years, and then incorporated it. At the request of the minority, and without participation of or notice to the majority, the synod by resolution recognized, the minority as the true congregation, and declared that the majority had, because of the views on the inspiration of Scripture, departed from the original religious faith of the “association, and had thereby violated the constitution of the Thingvalla Church Society. The minority by its trustees then brought this action, charging the defendant and its membership with a departure from the original faith upon and to promulgate which the religious association was founded. This defendants deny.
A 'jury was waived. The charge laid was found to be true, and' judgment was entered in favor of plaintiffs. Defendants appeal.
The particular findings necessary for consideration are but the third and fourth. The third reads, “that the doctrine of plenary inspiration of the Bible is one of the fundamental doctrines of the Lutheran denomination.” The fourth was “that the doctrine of the plenary inspiration of the Bible was one of the fundamental doctrines of the faith of the Thingvalla Congregation at the time of its organization, and that the constitution of the Thingvalla Congregation at that time and ever since has presupposed, and now presupposes, that doctrine.” Both findings are challenged on this appeal as unsupported by sufficient competent evidence.
This leads to the documentary evidence of the fundamental belief of this society and its parent church of Iceland, followed by a consideration of its relations as a congregation to this synod, its withdrawal from it, and validity of any action taken by the synod in the matter.
The constitution of the congregation as originally adopted is now set forth:
Article 1. — -Name.
The name of our congregation is Thingvalla Congregation.
Tbe Word of God as it is revealed in tbe canonical Scriptures is tbe true fountain and tbe perfect law of tbe congregation in matters of doctrine, faith, and morals.
2. Tbe congregation accepts tbe doctrines of Holy Scriptures in conformity witb tbe Lutheran Cburcb in Iceland as expressed in its confessional documents.
3. Tbe congregation shall be affiliated witb tbe Lutheran Synod of Icelanders in this country, which accepts tbe same confession as tbe congregation.
Article 5. — Bights.
1. Tbe congregation has power to decide and make disposition of all__congregational matters. Tbe majority rules at meetings.
Article 11. — Property.
Tbe property of this congregation cannot pass into tbe bands of anyone else, unless tbe congregation so determines by two thirds of all votes. If a division occurs in tbe congregation, tbe property shall belong to such portion as adheres to this constitution.
Article 13. — Amendments.
This constitution cannot be amended unless such amendment be adopted by a two-tbirds vote at a congregational meeting. It must, however, have been brought up and discussed at tbe next preceding meeting. But section 1 of this article 2 can never be amended.
Tbe constitution of tbe synod, necessary to an understanding of tbe issues, is set forth:
Article I.
Tbe name of tbe synod is “Tbe Evangelical Lutheran Synod of Icelanders in America.”
Article II.
Tbe purpose of the synod is to further harmony and co-operation of
Article III.
The synod believes that the Holy Scriptures, that is, the canonical books of the Old and New Testaments, are the revealed Word of God, and the only true and reliable rule of belief, doctrine, and life of men.
Article IV.
The synod recognizes the Ecumenical Confessions of the Church, as well as the unaltered Augsburg Confession and Lutheran’s Catechism, as a correct exposition and interpretation of the Holy Word of God.
Article V.
The synod shall have supervision over its individual congregations, and advise them in regard to government, ecclesiastical ceremonies, and the external forms of the Divine services. It shall also exercise a church discipline, pure and in conformity with the Word of God, for the maintenance and promotion of the holy office of the clergy, and further ■ to supervise Christian conduct of its congregations, and require of its pastors and congregations faithfulness to its confession.
Article VIII.
* * * (The president shall) settle disputes which may arise within the congregations, and have supervision over the pastors and congregations of the synod. Congregational matters which according to their nature may come before the synod shall, however, be brought up there for final decision if the parties in interest so desire, in accordance with article XI.
Article XI.
The synod at its annual conventions has the supreme power of decision in all disputes in church matters which may arise between or within its congregations.
Every Lutheran congregation of Icelanders in America, wbicb desires to join the synod, must (1) accept its constitution, (2) make written application for admission to the synod, and (3) submit its constitution to the convention for examination. If the convention decides that the constitution of the congregation is in harmony with the constitution of the synod, and consents to the admission of the congregation by a two-thirds vote of the delegates present, the congregation is thereby regularly admitted to the synod.
It is noticeable that at no place in these constitutions is there any specific mention of any doctrine of inspiration. In the first paragraph of article 2 of the constitution of the congregation, and article 3 of the synod constitution, is found the foundation for the claim of the plaintiff’s that plenary inspiration was a fundamental doctrine, so much so as to be presupposed by these constitutions. Such was found by the trial court to be the fact.
A discussion of the government of this church in its relations to the synod is now in order. Concededly, the congregation came into existence as an independent society, governed by its constitution, which document then constituted the contractual bond or law resulting therefrom between its members and the association. Bear v. Heasley, 98 Mich. 279, 24 L.R.A. 615, 57 N. W. 270.
The second paragraph of the confession provides “that the congregation accepts the doctrines of Holy Scriptures in conformity with the Lutheran Church in Iceland, as expressed in its confessional documents.” Thus these Icelanders organized their society on the same basis of faith as that prevailing in their mother church in Iceland. And such is all the expert testimony. This brings into consideration, as having an important bearing upon the interpretation of this constitution and the determination of the fundamentals of the religious belief of this society, the position of the Lutheran Church in Iceland with reference to 'plenary inspiration of the Bible. Did that church accept that doctrine, or was it unknown or undefined in its faith?
What is involved by respondents as evidence asserted to be both strongly persuasive and conclusive is an alleged decision of the synod: The act of the synod must be held to be either a final and conclusive de-
This brings into consideration the church polity of this synod and its constituent congregations. The basis for its ecclesiastical system is the constitutions of society and synod as already given. Therefrom it is plain that this church and synod were not governed by a federated form of government, but, rather, what is usually known as the congregational system, wherein the congregations did not surrender their autonomy to the synod, and which body possessed over them but the advisory powers defined by the constitution of the synod. Eor similar holdings on Lutheran form of church government, see Schradi v. Dornfeld, 52 Minn. 465, 55 N. W. 49; Fadness v. Braunborg, 73 Wis. 257, 41 N. W. 84; Duessel v. Proch, 78 Conn. 343, 3 L.R.A.(N.S.) 854, 62 Atl. 152.
There are two general systems of church polity: One that may be accurately likened to the government of the United States, wherein the units corresponding to our states, the congregations, are held to a federated government, and possess but little power of their own, with no authority to withdraw, with no independence, and governed through a series of higher governing bodies, legislative, executive, and judicial, and in which the congregation as a unit is insignificant, and with the organization as a whole constituting the church. This is well illustrated by the great Catholic, Methodist Episcopal, and Presbyterian church organizations. The other form of church government is merely a confederation or association of independent congregations, each a more or less autonomous body, and more or less loosely confederated, though possessing one or more higher directing and advisory bodies which may, under certain circumstances, also be the judicatory of the congregations thus confederated. The Congregational churches, Baptist, and Lutheran denominations exemplify this form of church polity. With the first class the governing power and authority is imposed from the top down; the opposite with the latter, power being reserved to the
Eor twenty years this congregation bad remained harmonious, until in 1909. A synodical convention was held that year at wbicb were tbe delegates of tbis and the other churches in this synod. A resolution, called tbe Eridriksson resolution, was there introduced. Eor some time previous to 1909, there bad existed two cburcb organs or newspapers, tbe Breidablilc and the Sameiningin, in tbe columns of wbicb newspapers much' space bad been devoted to discussion of tbe doctrine of plenary inspiration. Tbe latter was the advocate, and tbe former the opponent, of that theory. Their editors were leaders and men of force, and it is likewise apparent that tbis question thus presented bad been widely discussed throughout tbe synod. Matters came to a head in tbe synod at its meeting in 1909, through the passage of tbe so-called Eridriksson resolution, the third paragraph of wbicb, as understood in tbe light of events, placed tbe synod on record as adhering- to plenary inspiration of tbe Bible. Tbis Thingvalla Congregation then immediately took steps to dismiss their pastor, an adherent of tbe plenary inspiration theory. He remained, however. This minority faction of plaintiffs developing in tbe congregation, they on May 21, 1910, voted to no longer participate with tbe majority, tbe defendants, in congregational meetings. Tbe next day a meeting of tbe majority was held at wbicb it was unanimously agreed that the congregation should send no delegate to tbe coming synodical convention. Instead, they took steps to amend their constitution, preliminary to a withdrawal from tbe synod, wbicb amendment was passed at a cburcb meeting held June 5, 1910, together with a resolution, unanimously adopted, that tbe congregation withdraw from tbe synod; and also a resolution was passed advocating tbe right of private judgment, condemned by the synod in 1909. Tbe secretary was instructed to notify tbe president
It is conceded that tbe action of tbe synod was taken only on tbe petition of tbe minority and without any official notice to tbe majority, of tbe presentation of said petition or proceedings to be bad thereon. Tbe only notice'bad by tbe defendant congregation of what might transpire at tbe synod was that contained in tbe letter of tbe president, that the withdrawal would be referred to tbe synod. The right of tbe congregation to withdraw by a resolution of a majority of those adhering to its faith is admitted by all. Its withdrawal severed tbe congregation from tbe synod without necessity of consent of that body. 34 Cyc. 1141; Vargo v. Vajo, 76 N. J. Eq. 161, 73 Atl. 644; Duessel v. Proch, 78 Conn. 343, 3 L.R.A.(N.S.) 854, 62 Atl. 152; Schradi v. Dornfeld, 52 Minn. 465, 55 N. W. 49; Fadness v. Braunborg, 73 Wis.
But is the declaration of this body receivable in evidence over the objections made? The learned trial court held that it was not a decision, but accepted it as “very persuasive evidence tending to establish the correctness of plaintiff’s contention.” If evidence at all, it is to be taken at its face. It is either inadmissible as evidence, or else conclusive. There are no authorities supporting the trial court’s theory and the one here advanced by the respondents. On the contrary, many aiithorities hold the action of the synod void, as of a body without jurisdiction, and as inadmissible for any purpose. Bartholomew v. Lutheran Congregation, 35 Ohio St. 567; Lawson v. Kolbenson, 61 Ill. 405; Pulis v. Iserman, 71 N. J. L. 408, 58 Atl. 554. Respondpnts cite as to the contrary, Pounder v. Ashe, 44 Neb. 672, 63 N. W. 48, which is authority that a church of federated form of government may, after trial, remove a minister of one of its congregations in accordance with its general church laws. The action of the annual church conference at which the minister charged with the infraction of church discipline “was notified of the time of trial, and appeared before the court or investigating committee at the time appointed for the hearing, and took some part in the proceedings, read what in the evidence is stated to have been a protest against the action then taken, listened
This synodical resolution offered is clearly a self-serving declaration, as it is admitted the synod is much interested in the event of this action, the testimony of its president establishing the authorization of contributions from the congregations of the synod to assist in defraying the expense of plaintiffs. The resolution was inadmissible for any purpose.
Examination is now in order, of testimony on whether the particular doctrine of plenary inspiration, as distinguished from any and all other doctrines of biblical inspiration, was a part of the fundamental belief of this congregation at the time it was organized, in 1889, either as contained in the constitution or presupposed as a doctrine of the Lutheran Church of Iceland.
Rev. Olafson, plaintiff’s first expert, testifies as follows: “By verbal inspiration of the Bible I understand the dictation theory to be meant, that the Bible had been dictated by God so that the men who wrote the Bible were as instruments, as a pen in a man’s hand. The synod and the church by their confession and doctrines are not bound by that interpretation. The synod does not hold that view. Plenary inspiration of the Bible, as I understand it, is that God’s Holy Spirit so guided and directed holy men in the writing of the Scripture that we have a true and correct account. . . . The delegates at the convention and the pastors at the convention who voted in favor of the Fridrihs-son resolution made a confession for themselves and also for the synod. . . . The Eridriksson resolution was in the nature of a reiteration of a confession of faith. It might be used as the expression of a man’s faith, or the expression of a church of its position. . ' . . Under the constitution of the synod and the confessions of faith there is no' specific declaration in favor of any particular inspiration theory. It,
Plaintiff’s next expert witness, Rev. Jonsson, testified on this subject: “Have been president of the synod since June, 1908, succeeding Rev. Bj aranson. The Icelandic Synod has no connection with the Church of Iceland, was organized in 1885, consists of several Icelandic Lutheran congregations in this country, thirty-five or forty churches belong to it now. . . . The synod decidedly holds to the plenary inspiration of the Holy Scripture as absolutely true in all particulars and in all matters is fully inspired. . . . The synod has declared that it adheres to the full inspiration of the Bible. ... I agree with the definition of the plenary inspiration doctrine as given by Rev. Olafson. The synod has not anywhere gone on record in any manner as adhering to any particular theory of inspiration of the Bible. It has not done so by any constitution or in any of its confessions of faith, but it was the understanding of the synod. I do not know of any resolution prior to the Bridriksson resolution, in 1909, where a formal statement of this fact was made. I understand that resolution to mean that the synod rejects the right of the individual to elevate his religious conceptions over and above Holy Scripture. Anyone rejecting parts of the Scripture would be putting himself outside the pale of Lutheran Christianity. . . . There is no decree of the synod to the effect that anyone who refuses to accept every portion of the Bible becomes a heretic to the Lutheran faith. . . .”
Defendants then offered testimony on the charge of heresy, to the effect that, quoting from the testimony of witness Rev. Robertson, “the exercise of the right of private judgment is compatible with the doctrine of plenary inspiration of the Bible,” assuming that form of inspiration to mean “the full and adequate inspiration of Scripture.” Dr. Halfyard testifies: “As a theologian I see no conflict between the declaration that a man accepts the word of God as revealed in Holy
The testimony of Professor Ness, an expert from the Lutheran Church of Norway, is offered by plaintiffs. Concerning inspiration this expert testifies: “The Lutheran Church does not, so far as I know, anywhere officially declare for any particular form of inspiration of the Bible. I think this quotation from vol. II, page 586 of the New International Encyclopedia . . . comes pretty near the truth (in stating) : ‘The Lutheran Church is a singular body in this, that none of its symbols either prescribe the canon of Holy Scripture or define inspiration.’ I find that Scripture speaks of inspiration. I refer to what is stated in 2d Timothy, 3, 16, ‘Through all or every Scripture, God breathed.’ It is tacitly understood in my synod that the confessions of the church are binding. I do not know of any official declaration to this effect. It is leaning toward the plenary theory.” The witness was allowed to express his opinion as an expert upon whether the adoption by resolution of the right of private judgment, as done by this congregation on the same day they withdrew from the synod, would constitute a departure “from the faith of any and all Lutheran churches having these confessional documents,” and stated that it would be a departure from the faith. The fair conclusion from all of his testimony is, as he states, “The Lutheran Church is not committed to any particular form of inspiration of the Bible.”
Rev. Eossmark, a graduate of the Missouri Theological Seminary at St. Louis, testified in behalf of the plaintiffs, that “for many years the Norwegian Lutheran Church has accepted the theory of verbal inspiration,” which form of inspiration witness defines to be “that God has not only inspired the thoughts contained in the Bible, but he has also guided these men whom he used as instruments to write the different books to such an extent that he has helped them to make the correct selection of words, so that every part of it is, by our denomination, considered to be the word of God; that not only the word of God is
Witness Olafson was recalled, and testifies to practically the samé as Professor Ness, adding, “there is nothing specific in the confession about inspiration, because the doctrine of inspiration was not in disputé
Kev. Walper, of the German Lutheran Church of the Missouri Synod was next called, and testifies to the belief of his church in the verbal inspiration doctrine. “I cannot say that the Lutheran Church the world over is in harmony of doctrinal matters with the position that Luther took in his latter years. Our synod is in harmony with that position. We have the same confessional documents in my church as in this church in question. The ministers of my church are bound to teach according to the confessions. The confessional documents say nothing explicitly about the doctrine of inspiration. The Lutheran Church construes the lack of any specific declaration- of these documents as to the inspiration of the Bible to the effect that it was generally accepted, at the time these confessions were written, that the whole Bible was the inspired word of God, based on the presupposition that the prophets generally accepted by the church that the Old Testament, that with the prophets the Old Testament was closed; that the writings of the Apostles of Christ composed the New Testament, 2 Timothy, chap. 3, 16th verso, which says: ‘Every Scripture is inspired of God’ as meaning that all Scripture is inspired by God, verbal inspiration. That is the position taken by my church. So far as I know it is also taken by the Lutheran Church generally in this country.” On cross-'éxamination witness testified that he made no “distinction between the
Witness Glenn testifies on rebuttal for plaintiffs, — he is a member of the United Lutheran Church, — -that “I do not know that our church has ever finally declared itself on any theory of inspiration, but the generally accepted theory, I believe, is what is commonly known as the plenary, but as some have stated the verbal, not the mechanical. . . . As far as I know there is no theory of inspiration given in these confessions (referring to the confessions of his particular church), I would say that the church takes inspiration for granted.” He draws the conclusion from his interpretation of the constitution of the Thing-valla Congregation, that when they passed the resolution respecting the right of private judgment they departed from the faith of the congrer-gation, though he admits that “I don’t think that (the constitution) of the congregation refers to inspiration.” That his conclusions are drawn from what the Lutheran Church concludes. But again is the proof lacking as to the original belief of the parent church and the particular one, on inspiration.
Plaintiff Gudmundson then testified to Bev. Bergman, defendants’
Rev. Thorlackson was called to testify to the belief of Rev. Bjaranson in 1889, and states: “I can’t say what his inspiration theory was or is, but I can state that he believed in the word of God as revealed in the .Bible, the true word of God in its entirety. I mean that he accepted .the Bible and the whole of it and as fully inspired, as the word of God. .1 have held the same position, and that is the position he has been holding ever since I have been acquainted with him. I do not know that the synod has had any other position. . . . The reason that nothing is said of inspiration in the confessions is that the confessions are based on scriptural principles, adopted that the Holy Bible was the supreme authority of the confessions, rested upon the Holy Scripture, and was presupposed as being such. It is presupposed that all .Scripture is the inspired word of God. This is based upon the testimony of the Scripture itself and of our Lord Himself. I refer to the passage in 2 Timothy, which has been quoted here. I construe it to mean that all the Scripture of the Old Testament canon are inspired. The phrase 'Word of God’ is synonymous with 'Scripture,’ and means the canonical books. I will say that the phrase of, 'Bible is the word of God,’ and this 'the word of God as revealed in the canonical books of Scripture,’ mean the same thing. I have understood it to be so accepted and taken by our church. I have been a pastor in the Icelandic Lutheran congregations in this country since I was ordained in 1887. I fully understood that the congregations which I have served at different times in this country have been obliged to conform to the confessional or doctrinal standards of the Church of Iceland as expressed in the confessions adopted by the Icelandic Church, as well as by the congregations that I have served in the synod to which I belong.” Witness expressed his opinion that in passing the resolution of June 5 this congregation would not be acting in conformity with the doctrines of faith of the Lutheran churches having for their confessional documents the same as Thingvalla Congregation. On cross-examination witness testifies that the synod ''was organized to teach the Lutheran Christianity taught at that time in Iceland and according
Many pages are in evidence of articles from the Breidablik by Bergman, that reflect a disbelief of much of the miraculous contained in the Scriptures. There is also in evidence an article entitled, “Necessary Thought Awakener,” published by Rev. Bjaranson in 1879, of fifty printed pages. Much of this is devoted to a defense of liberalism in his teachings as against the charge that he was promulgating “heretical innovations” in doctrine. He severely handles the German Theological Seminary of the Missouri Synod at St. Louis, stating that “the Missouri Synod is by far the most narrow-minded Lutheran synod that has hitherto appeared in the human race. If anything is breathed against the theology of this synod, it is as if the very heart of the Norwegian Synod had been touched,” and the Norwegian Synod is by the reverend writer placed in the same class. Both are charged with “manufacturing dogma.” “That as soon as the Lutheran Pope, Walther in St. Louis, speaks, the echo is immediately heard reverberating from every hill and elevation where the pastors of the Norwegian Synod live, and likewise, if silence reigns in the dogma factory of the Missouri Synod there is silence also in the synod.” And many so-called “manufactured dogmas” are dealt with. In it we find the following: “Concerning the inspiration of the Bible, for example, not a single theologian of the Lutheran Church of the present day now teaches the same as the Missouri Synod has 'established/ and this one point is enough to make the Lutheran theologians outside of the Missouri Synod, and those synods which have become subjects to it, heretics” according to Missouri Synod standards. “The worst feature of the Norwegian Synod is perhaps not in the fact that it has copied from the Missouri Synod so many crooked and unhealthy doctrines and advocates them with so much vehemence and impetuosity, but the fact that it always obstinately maintains that it is planting here in America the unaltered doctrine of the Lutheran Church of Norway; and this in spite of the fact that it has received so many protests from the most eminent theologians, both among the pastors and university professors in Norway. . . . It is more than unfortunate that Icelanders should be led into the Norwegian Synod before they
It is established beyond controversy, accepting the testimony of the experts at face, that there is no unanimity on the doctrine of inspiration among the Lutheran churches in America having similar constitutions and confessions; also that from the constitutions and confessional documents of this church and the parent church it cannot be said that any particular doctrine of inspiration was adopted by them. And all experts except those from the Missouri Synod recognize the right of private judgment, but disagree only on the extent to which that right may be invoked. Every expert admits that neither of these constitutional provisions has specific reference to or constitutes a declaration in favor of any particular inspiration theory. Kesort is had to presupposition on that score. And in establishing presupposition as a foundation for alleged heresy, plaintiffs are met with the difficulty that their own experts do not stand on the same theory of inspiration. It must be kept .in mind that it is not enough that any accepted doctrine of inspiration of Scripture he established or taken as a premise. There is a distinction between “full or adequate inspiration,” “verbal,” “mechanical,” “dynamic,” and “plenary inspiration” doctrines. Likewise, inspiration of the Scriptures “in its entirety” is insufficient to meet the measure here required, that it must be proven that these constitutions presupposed “plenary,” not “verbal,” “mechanical,” “dynamic,” “irradiant,” “partial,” or “personal” inspiration. Analysis of the testimony of the experts is interesting. Jonsson, president of the synod, repudiates both verbal and mechanical inspiration, and strikes the nail on the head when he testifies (as did Eobertson also) that the terms definitive of different theories of inspiration and the term “inspiration” are used “in different senses hy different teachers,” and that
As judicial notice may be taken of authorities on the subject under discussion, reference may be made with propriety to certain deductions from the evidence drawn from an historical standpoint. It is well known that the state church of Iceland, as well as several other European
Concurrence Opinion
concurring. I fully concur in the views above expressed by Judge Goss, but I deem it proper to here briefly emphasize my per
No one contends that such constitution or contract expressly stipulates in favor of the doctrine of plenary inspiration, for there is not the least foundation in such instrument for such contention, but it is contended, as I understand it, that such doctrine was “presupposed,” or, in other words, inferred or implied. As I construe such instrument, however, there is no warrant for reading into it such implied or inferred stipulation or presupposed doctrine of faith; for it is or must, I think, be conceded that up to that time the Icelandic Lutheran Church had not adopted any definite doctrine or creed upon the subject. On the contrary, it affirmatively appears that the so-called mother church of Iceland professed and adhered to no such doctrine in its confessional documents, or otherwise. I am therefore inevitably forced to the conclusion that if the parties to this compact intended such a radical departure from the doctrines of the mother church they no doubt would have, in unmistakable language, so stipulated. This is but reasonable. They did not deem it necessary, however, to insert any express stipulation on so vital and important a matter, although matters of much more minor importance were carefully covered. The truth is, as I read and construe the record, that no particular doctrine of faith respecting the inspiration of the Bible was ever thought of by them, much less considered. They merely took it for granted that all accepted the doctrine of the inspiration of the Bible. In other words, it was “presupposed” that the Bible was inspired, but in what specific manner it was thus inspired did not, at that time, concern them. If it had, is it not reasonable to presume that they would have covered the subject by express stipulation? It is very apparent that when, some years later, the question arose as to the particular belief of the congregation respecting the doctrine of verbal, mechanical, or plenary inspiration of the Biblej
I am unable to discover any competent evidence in the record to warrant a finding that defendants departed from the faith of their congregation. Certain of plaintiffs’ witnesses, such as Professor Ness, Rev. Fossmark, and Rev. Walper, it is true, gave it as their bald conclusions that the adoption of the resolution of June 5th constituted a departure from the faith of the congregation as promulgated by article
Entertaining these views of the record, I feel constrained to differ from the findings and conclusions of the learned trial judge.
Dissenting Opinion
dissenting. I am unable to concur in .the opinion of the majority of this court. The action was in the nature of the common-law action of ejectment, and though the case was tried to the court in the place of a jury, the findings of fact of that court must be given the same weight and effect as if they Tad been those of a jury. So, too, the question at issue is not, as stated in the majority opinion, whether the defendants have departed from the original Icelandic Lutheran faith, but whether or not they have departed from the original faith of the Thingvalla Congregation, and have violated its- constitution. The decision involves an interpretation of that constitution, and ultimately and specifically an answer to the question as to whether or not by adopting the instrument the congregation, no matter what the original faith of Martin Luther or of the Icelandic Church might have been, accepted, as far as it was concerned, the Bible as fully and plenarily inspired, and made this belief a necessary and fundamental feature of its congregational faith. The questions presented are questions of fact, rather than of law, or, at the most, are mixed questions of law and of fact. Hale v. Everett, 53 N. H. 9, 16 Am. Rep. 82; Gibson v. Morris, 28 Tex. Civ. App. 555, 67 S. W. 433; Wiswell v. First Cong. Church, 14 Ohio St. 32; First Baptist Church v. Rouse, 21 Conn. 160. They are therefore for the jury, or for the court acting as a jury, and not for the court as a court, to pass upon. 38 Cyc. 1524; Mantz v. Maguire, 52 Mo. App. 136; School Dist. v. Lynch, 33 Conn. 330; Primm v. Haren, 27 Mo. 205; Young v. Stephens, 66 Mo. App. 222; Carp v. Queen Ins. Co. 104 Mo. App. 502, 79 S. W. 757; Bass v. Jacobs, 63 Mo. App. 393; M’Kean v. Wagenblast, 2 Grant, Cas. 462; Reynolds v. Richards,
Though much of the testimony of the defendants is directed towards showing the position of the Church of Iceland and even of Martin Luther himself toward the doctrine of plenary inspiration, the real question to be determined is the attitude of the Thingvalla Congregation at the time of the adoption of its constitution in 1889, and whether at that time the congregation, and the synod to which it belonged, believed in the plenary doctrine, and considered a belief in it to be necessary and fundamental.
Though there is evidence to the contrary, there is much in support pf the findings of the trial judge, and such being the case this court, which is sitting merely as an appellate tribunal, in a law case cannot interfere therewith.
Article 2 of the Constitution of the Thingvalla Congregation provided: “That the word of God as it is revealed in the canonical Scriptures is the true fountain and perfect law of the congregation in matters of doctrine, faith, and morals. 2. The congregation accepts the, doctrines of Holy Scriptures in conformity with the Lutheran
In 1889, and two weeks after the adoption of this constitution, the Thingvalla Congregation joined the Evangelical Lutheran Synod of Icelanders in America, whose, constitution, among other things, provided that “the Synod believes that the Holy Scriptures, that is, the canonical books of the Old and New Testaments, are the revealed Word of God and the only true and reliable rule of belief, doctrine, and life of men. . . . Every Lutheran congregation of Icelanders in America, which desires to join the synod, must accept its constitution.”
It was admitted by counsel for appellants on the oral argument, and there is certainly much evidence in support of the proposition, that the appellants do not adhere to the doctrine of plenary inspiration. There is also much evidence in support of the proposition that both the constitutions of the synod and of the Thingvalla Congregation presupposed that belief. Dr. Samuel E. Halfyard, for instance, though one of the witnesses for the appellants, positively stated that “the phrase that says that the canonical books are the Word of God would imply the plenary theory of inspiration or the canonical theory of inspiration, but not necessarily the theory of inspiration known as free inspiration, or, as has been stated here this afternoon, partial inspiration. . . , Speaking as a theologian, I would say that a man who makes the declaration first that the word of God as revealed in the canonical hooks is the supreme guide and rule, and then makes the declaration that he reserves the right lo accept and reject in matters of Holy Scripture, is not asserting anything further than what is commonly known as the right of private judgmentIt is true that he afterwards intimated that in his opinion'Martin Luther was himself a believer in the doctrine of free inspiration and in the right of the individual to the exercise of his own private judgment, but, as we before stated, the question is not what Martin Luther believed, but the meaning of the terms which were used in the constitution of the Evangelical Lutheran Synod of Icelanders and of the Thingvalla Congregation.
This, as we before stated, is the testimony of one of the experts for the defendants and appellants; and as we understand the testimony of Dr. Eobertson, it is in the main to the same effect, though, of course,
Q. Would a congregation which holds that certain parts of the canonical books of Scripture are not inspired, but untrue and unreliable, be in conformity with the standards, of faith of Thingvalla Congregation as set forth in its constitution?
A. No.
Q. Would you call it a departure from the faith of the congregation ?
A. Tes.
The testimony of Rev. Mr. Eossmark, Lutheran minister-of Grand Forks, reads in part as follows:
Q. In your opinion would a congregation in adopting such a resolution be acting in conformity with § 1 of article 2 of the constitution of Thingvalla Congregation, which-reads as follows: “The Word o'f God as it is revealed in the canonical books of Scripture is the true*340 fountain and perfect law of the congregation in matters of doctrine, faith, and morals ?”
A. It would not.
Q. Would you consider such an action a departure from the faith of I the congregation having this constitution?
A. Most certainly.
Q. State whether or not in your opinion this article of the constitution means that the canonical books of Scripture in their entirety are the supreme law and inspired Word of God?
A. Why, it means, in my opinion, that they look upon the Bible as a whole as the inspired word of God in its entirety.
Q. Would a congregation which holds that certain parts of the canonical books of Scripture are not inspired, but untrue and unreliable, be in conformity with the standards of faith of this congregation as it is prescribed by this article in its constitution ?
A. It would not..
jRev. Mr. Walper, a Lutheran minister of Grand Forks, also testified on this point:
In my opinion a congregation adopting such a resolution (meaning defendants’ resolution of June 5th), could not be acting in conformity with § 1 of article 2 of the constitution of Thingvalla Congregation. I would consider such action a departure from the faith of such congregation. Said article in the constitution means that the canonical books of Scripture in their entirety are the inspired Word of God.
In the testimony of Eev. L. 0. Walper we find the following:
Q. Does your church permit an individual member to hold a view that certain portions of the Bible are uninspired, and still remain within the church as a member in good standing ?
A. It does not permit that. A member of the church who took that position would be considered to have departed from the faith of the church. . . .
Q. Without reading to any extent from this M. Michelet’s Life of Luther, I will just call your attention to certain passages. I refer now to page 2Y2, where he quotes Luther as follows: “I candidly avow my ignorance as to whether I rightly understand the Psalms in their legiti*341 mate sense. I do not, however, doubt tbe verisimilitude of my version of them. Amongst those who have rendered them, one has been in error in one part, and another has mistaken the meaning in another part. I discover meanings that were overlooked by St. Augustine; others who come after me will, I am aware, perceive much that has escaped me. Who will venture to affirm that anyone has thoroughly understood a single psalm? Our life is a beginning and a progress, not a consummation. He is best who approaches nearest to the spirit. There are degrees in life and in action; why. should there not be the same in mind? The apostle declares that we are transformed from one light to a greater one.” Respecting the New Testament Luther remarked: “The gospel of St. John is the true and pure gospel — the chief of the gospels — inasmuch as it contains the greatest portion of our Savior’s sayings. Thus also the epistles of St. Paul and of St. Peter are higher in authority than the gospels of St. Matthew, St. Mark, and St. Luke. In a word, St. John’s gospel and his first epistle, the epistles of St. Paul, more especially those to the Romans, the Galatians, and the Ephesians, together with the first epistle of St. Peter, constitute that portion of the New Testament which most clearly show Christ, and which contain and teach all that is useful and necessary to know, even, were you never to see any other books.” He did not consider the epistle to the Hebrews nor that of St. John to be of apostolic origin. He thus delivered his sentiments respecting that of St. Jude: “It is quité undeniable that this epistle is either an extract from or a copy of. the second epistle general of St. Peter. The expressions are nearly identical in both. Jude speaks therein of the apostles as having been their disciples, and as writing after their decease. He quotes texts and mentions circumstances which are nowhere else to be found in the Scriptures.” Luther’s opinion respecting the Apocalypse is remarkable : “Let each man judge of this book according to the light that is in him and by his own particular perceptions. I do not desire to impose my opinion respecting it upon anyone. I say simply that which I think of it myself. I look upon the Revelations of St. John to be neither apostolic nor prophetic.” On another occasion he said: “Many of the Fathers of the Church rejected this book; consequently every man is at liberty to treat it according to the dictates of his own mind'. For my part, one single reason has determined me in the judgment I have.*342 come to respecting it, wbicb is that Christ is neither adored in it, nor is he therein taught such as we know him.” These being claimed to be by the author as quotations from Luther’s works, do you dissent from all this that I have read ?
■ A. You must consider here that Luther was originally not a Lutheran in our sense of the word, but that Luther was originally a Catholic and a monk, and that through study of the Bible — Iioly Scripture — he became enlightened, and that he was raised by the Catholic Church, and that he, more and more through studies of Holy Scriptures, became what he was in his latest years.
Q. You don’t deny that these quotations are correctly taken from Luther’s works, do you ?
A. I do not deny it. I make no distinctiop between verbal and plenary inspiration. It means that every word in the Bible is literally true. For instance, that Eve was made out of a rib out of the side of Adam; that the world was created in six days of twenty-four hours each; in short, that every expression in the Bible relating to geography, geology, and biology is literally true, and also that it is historically true, and that if there is any astronomy in the Bible it is also true. That the sun actually stood still, for instance, at the command of Joshua, and so did the moon if it is mentioned there. If the plaintiffs in this case are members in good standing of the Icelandic Synod, and believe in plenary inspiration of the Bible, then in my judgment they are necessarily in harmony with my views that I have just now expressed, and if they are not, then they are not good Lutherans. Any man who disbelieves any of those things thereby immediately puts himself outside the pale of Lutheran Christianity. There is no word in the canonical books which I regard in any other light than the light I have thrown upon this subject now by my testimony. The holy authors were inspired by the Holy Spirit, and the Lloly Spirit selected the vehicle for each thought. That doctrine does not go to the extent of the punctuation marks in the original manuscripts. There were no punctuation marks nor any vowels in the Greek, — there were in the original. In the old manuscripts there were no vowels and no divisions of syllables or words. The marks that were supplied in the sixth century were only put there to make it easier for foreign students of this language to study it. For instance, as originally written, you would have the letters*343 BEN, we will say; that might be bam or bairn, or anything else yon could make out of it by putting vowels in. They put in the vowels in the sixth century. The scholars who put them in, were not, in my judgment, inspired by the Holy Ghost. These marks which they put in, which represent the vowels, are not inspired. The state church of Germany has taken an extremely advanced ground on this doctrinal matter. We have in our confessions the Formula of Concord and all the confessions that are contained in the Book of Concord. So far. as the results of philosophical and scientific inquiry of modern times are against the Bible in the sphere of geology, archaeology, history, geography, and biology, and astronomy, I repudiate them. In my judgment any man who believes in the verbal or plenary inspiration doctrine of the Bible must repudiate them.I should say that our church believes that the Holy Spirit used the individuality of the author as he wrote the words of Holy Writ. I believe that the words were suggested to the author by the Holy Spirit.
As I construe the evidence also, the majority were not merely content with repudiating the doctrine of plenary inspiration as applied to the particular words of the accepted books of the Bible, but repudiáted whole passages, and to a large extent whole books. Dr. Bergman, for instance, who can be taken as expressing in a large measure the faith of the majority, stigmatizes as absurd a large number of the historical statements of the Old Testament. He says: “Now just this is characteristic of the literature of Israel, the Old Testament, that which contains any history in the proper sense; the writers of Israel did not write the history of their nation in the manner that history is written. They wrote homilies on national events, true and imaginary, but not history. They are much more concerned about the teaching than the history,— shape it and mould it as they see fit to support their doctrine.” He then goes on to state that the story that King David prepared for the house of the Lord “an hundred thousand talents of silver and of brass and iron without weight, for it is in abundance” (see 1- Chronicles 22, 14), was an absurdity, as such an amount of money would be more than all the present national debt of Great Britain. In the same way he stigmatizes as absurd the recitals in Numbers, 2, 32, as well as those in the 7th chapter of Numbers, in regard to the amount
In addition to all this I am of tbe opinion that tbe whole matter of doctrine has been adjudicated and decided by tbe Icelandic Evangelical Lutheran Synod of America, and that this court should follow this decision. Tbe decision of tbe synod was that “it therefore seems apparent that tbe majority of tbe Thingvalla Congregation (meaning the defendants herein) has been guilty of a direct violation of its own constitution and of tbe constitution of tbe synod, and therefore it is right to allow tbe petition which tbe minority of said congregation has presented to this convention for determination, to wit: That tbe minority be recognized as tbe rightful Thingvalla Congregation.”
This adjudication may not be final as a matter of law, or constitute res judicata in tbe strict sense of tbe term, but it is and should be persuasive evidence of tbe highest kind. When tbe church joined tbe synod, it expressly agreed “that tbe synod at its annual convention has tbe supreme power of decision in all disputes in church matters which may arise between or within its congregations.” Article 2, constitution of the synod.
It also agreed to article 13 of the constitution of the synod, which provided that “every Lutheran Congregation of Icelanders in America which desires to join the synod must accept its constitution.” It further agreed to article 3 of the constitution of the synod, which provided that “the synod believes that the Holy Scriptures, that is, the canonical books of the Old and New Testaments, are the revealed Word of God, and the only true and reliable rule of belief, doctrine, and life of man.”'
By joining the synod it accepted the doctrine of the synod, for article 2 of its own constitution expressly provided that “the congregation shall be affiliated with the Lutheran Synod of Icelanders in this country, which accepts the same confession as the congregation.” It is
Mr. Olafur Olafson,
Edinburgh, N. D.
Dear Sir: — I am in receipt of your letter of tbe 6th inst., together with a resolution of a meeting signed by Magnus Benjaminson, president, and Olafur Olafson, secretary. As a synodical convention will be held within a few days I am making no decision in tbe matter, but am referring it to tbe convention to be dealt with and disposed of. This I let you know in order that those who are concerned will have an opportunity to explain tbe matter to the convention if they so desire.
Tbe evidence also shows that article 2 of tbe constitution of tbe synod provided that “tbe synod at its annual convention has tbe supreme power to decide all disputes in church matters which may arise between or within its congregations.”
Erom all of this it is apparent that tbe proper tribunal to decide tbe doctrinal questions in controversy was tbe synod, and tbe fact that no member of tbe majority was present at tbe convention does nut in any way weaken tbe evidentiary value of its decision. It is true that it was made a short time after tbe notice of withdrawal, but it was made while acting upon such notice and before tbe same bad been accepted. Tbe constitution of tbe synod expressly provided for. tbe determination of such matters at such conventions, and, tbe withdrawal of tbe majority being based largely upon doctrinal differences, and tbe dispute having arisen while the church was' a member of the synod, it seems hardly proper to bold that a body of people may enter
The matters of doctrine, indeed, which are before us, are such as should be determined by an ecclesiastical, and not by a civil, tribunal. The case before us is in the nature of an action of ejectment. Unless consent had been given that it should be tried by the court, it would have been submitted to a jury, and the absurdity and danger of submitting to an ordinary jury, or even to the ordinary judge, questions concerning theological differences, is too apparent to need amplification. We may accept the contention of counsel for appellants, “that the great weight of authority is to the effect that the jurisdiction of an ecclesiastical tribunal is subject to collateral attack,” but even if this be the case, I find no fault with the exercise of that jurisdiction in the case at bar, and, provided that there was a day in court, which I think there was, I am ready to adopt and emphasize the well-known rules that “civil courts act upon the theory that the ecclesiastical courts are the best judges of merely ecclesiastical questions and all matters which concern doctrine and disciplines;” “and where a civil right or the right of property depends on some ecclesiastical matter such as doctrine, discipline, or church government, the civil court, where the question may arise, will take the ecclesiastical decisions out of which the civil right has arisen as it finds them, accepting those decisions as matters adjudicated by another jurisdiction.” See 34 Cyc. 1184. I certainly adopt the general understanding of what are and what are not ecclesiastical questions, and that is: “An ecclesiastical matter is one that concerns doctrine, creed, or form of worship of the church, or the adoption and enforcement within a religious association of needful laws and regulations for the government of membership, and the
It is not necessary for me, however, to tab’s this position. Even if the action of the synod was not res judicatait constituted evidence of the most persuasive kind. “But suppose we .treat the action of the association as purely advisory, and not judicatory,” says the supreme court of Indiana, in Smith v. Pedigo, 145 Ind. 361, 19 L.R.A. 433, 32 L.R.A. 838, 33 N. E. 777, 44 N. E. 363, “still its action must have a controlling influence on the civil courts.” Again, the Supreme Court of the United States, in Bouldin v. Alexander, 15 Wall. 131, 21 L. ed. 69, a case in some of its aspects much like the one at bar, said: “They claim to be the Third Colored Baptist Church, and as such they were recognized by councils of Baptist churches duly called, and by the Philadelphia Baptist Association, an ecclesiastical body with which the church was associated. That body, it is true, was not a judicatory. Its action was not conclusive of any rights. But the fact that the complainants, and those acting with them, applied for recognition as the Third Colored Baptist Church, and that the association thus recognized them, is persuasive evidence that they were not seceders, and that their rights have not heen forfeited.”
The record, indeed, discloses that the question under consideration here was twice passed upon by the synod, and there can be and is no claim or pretense that on the first occasion at any rate the plaintiffs and the Thingvalla Congregation generally were not members of that synod. This was on the occasion of the passage of the so-called Frid-
Added to the evidence afforded by the resolution of the synod is the testimony of a number of prominent divines who testify in support of the findings of the trial court and of the contention of the respondents.
I cannot, in the face of all this evidence, say that the findings and judgment of the trial court are not supported by competent and perr suasive evidence, and, being unable to make such findings, I am of the opinion that the judgment of. the trial court should be sustained. The whole matter, indeed, resolves itself around an interpretation of article 3 of the constitution of the synod, and ¶¶ 1 and 2 of article 2 of the Thingvalla Congregation, which at no time seem to have been amended; and which some witnesses at least construe to imply the doctrine of plenary inspiration. Much, it is true, is said by counsel of certain of the other provisions and amendments which recognize the confessional documents of the Icelandic and Lutheran churches, but in them is no reference to the question of the inspiration of the Scriptures, or the doctrines of plenary or free or partial inspiration, but merely to the cardinal questions of the Trinity and of the Godhead. The reference, in short, to these documents, in no way affects the scope and application of articles 2 and 3 of the respective constitutions.
I find no merit in appellants’ contention that the amended complaint stated no cause of action as it failed to properly allege what the particular tenets were from which the defendants had departed, wherein that departure consisted, and that plaintiffs themselves had adhered to these tenets. If, indeed, the complaint was lacking in anything, it was in definiteness and particularity, and the objection should have been raised by a motion before the trial, rather than by a motion to exclude any and all evidence after the trial had begun. We have held in a number of cases that a complaint will be most liberally construed on a motion to exclude all evidence thereunder, and such a rule is not only in conformity with the spirit of the Code as I see it, but with the holdings of the authorities also. “We cannot,” says Judge Cooley,
There is no merit in appellants’ contention that plaintiffs and respondents failed to specifically allege tbe incorporation of tbe defendants. Tbe incorporation was specifically alleged in tbe answer, and admitted upon tbe trial by tbe defendants. This I believe cured any omission that there might have been in the complaint. Omlie v. O’Toole, 16 N. D. 126, 112 N. W. 677; 31 Cyc. 714; Rogers v. Penobscot, 28 S. D. 72, 132 N. W. 792, Ann. Cas. 1914A, 1184; Sheibley v. Huse, 75 Neb. 811, 106 N. W. 1028, 13 Ann. Cas. 376.
Nor is there any merit in appellants’ ingenious argument that tbe majority of tbe congregation, by incorporating themselves after tbe secession, incorporated tbe minority, as tbe constitution provided for a rule by tbe majority. Tbe controversy is over tbe church property, and tbe church property alone. It is admitted that tbe incorporation was not perfected until August 12, 1910, while it was on June 5th that tbe majority withdrew from tbe synod, and specifically declared their renunciation or dissent from tbe doctrine of plenary inspiration. All tbe acts of secession, therefore, if secession there was, bad been committed before tbe incorporation, and if these acts amounted to a secession,-which the trial court was, I believe, justified in holding,, the property became vested in the plaintiffs under article 1 of tbe constitution, which provided that “if a division occurs in the congregation, tbe property shall belong to such portion as adheres to this constitution.” This, indeed, would have been tbe rulé, even if there bad been no constitutional provision. It seems, indeed, to be well established that “tbe separation or secession of -part of tbe members from a church
I am not unmindful of tbe cases of Fadness v. Braunborg, 73 Wis. 257, 41 N. W. 84; Holm v. Holm, 81 Wis. 374, 51 N. W. 579; West Koshkonong Congregation v. Ottesen, 80 Wis. 62, 49 N. W. 24; 24 Am. & Eng. Enc. Law, 361, 362 and cases cited; 34 Cyc. 1196, and cases cited in note 13; Gewin v. Mt. Pilgrim Baptist Church, 166 Ala. 345, 139 Am. St. Rep. 41, 51 So. 947; Happy v. Morton, 33 Ill. 398; State v. First Catholic Church, 88 Neb. 2, 128 N. W. 657; 34 Cyc. 1157, and cases cited in note 5 and page 1158, note entitled “Possession of Corporation Presumed.” Dubs v. Egli, 167 Ill. 514, 47 N. E. 766 at page 768; Klix v. Polish Roman Catholic St. Stanislaus Parish, 137 Mo. App. 347, 118 S. W. 1171; 24 Am. & Eng. Enc. Law, 329-330 and cases cited; Calkins v. Cheney, 92 Ill. 463; Horst v. Traudt, 43 Colo. 445, 96 Pac. 259; Wilson v. Livingstone, 99 Mich. 594, 58 N. W. 646. In none of these cases, however, was there a constitutional provision such as in the case at bar, nor was the incorporation bad after tbe secession and without tbe consent or connivance of tbe regular or remaining congregation.
I am of tbe opinion that tbe judgment of tbe district court should be affirmed.
Dissenting Opinion
dissenting. While concurring fully in the opinion of Judge Bruce, I desire to add a word showing as succinctly as pos
Judges of the different civil courts axe not elected with reference to their qualifications as theologians or theological experts. They are not presumed to be, and in fact are not recognized as, such. They are elected because of certain other real or imaginary qualifications. On the other hand, ministers of the gospel, who have spent years or their entire lives in the study of theological questions, the consideration of the doctrines of their own and other denominations, are particularly qualified to pass upon such questions. For this reason civil courts of a country in which church and state are separate uniformly decline to determine theological controversies within a church, when they have been passed upon by the supreme judicature of such church.
The question in this case, the answer to which ought to control this court, is, lias the supreme judicature of the denomination to which the Thingvalla Congregation voluntarily attached and subjected itself passed upon the doctrinal meaning of the Thingvalla constitution and the constitution of the Synod of the Icelandic Lutheran Church in America ? If it has, its decision, whatever it was, is binding upon this court. It matters not whether any representative of the Thingvalla Congregation was before the judicature. ■ If not, the least weight that could be attached to the decision of the synod would be, as found by the trial court, that it was entitled to great weight as evidence. If the Thingvalla Congregation was represented, or was a component part of the synod, the decision is conclusive. It is unquestioned that at the time of the adoption of the Fridriksson resolution the Thingvalla Congregation was a member of the synod, was represented in the synod, and participated in the consideration of the questions involved. The decision having been adverse to them, they should not now be heard to question its binding character.
Certain other points may be referred to. I think the basic fallacy of the opinion written by my brother Goss consists in his assumption that the synod must have jurisdiction over the person, so to speak, of the Thingvalla Congregation when it passes upon a theological question, in order to make it controlling in the case of such congregation. The synod had power under its constitution to determine doctrinal' questions. That was the only jurisdiction necessary for it to possess,
Tbe right of private interpretation as a term is plainly misapplied. It does not mean tbe right to reject any or all of tbe Bible. It means tbe right to give to any portion, or tbe whole of tbe Scriptures, such meaning as appeals to tbe intelligence and conscience of tbe reader, all tbe time assuming it to be Scripture.
Neither is it necessary that tbe contention of tbe respondents in this case be proved by tbe evidence, or established by tbe record. Tbe evidence is conflicting as to tbe fact as undérstood by different theologians, but there is ample evidence to sustain tbe findings of tbe trial court, even if such opinions were necessary in tbe face of tbe decision of tbe synod. Tbe synod has construed and interpreted tbe language of tbe constitutions. It bad authority to do so. It is not for this court to inquire into tbe mental processes employed, or tbe evidence on which tbe synod based its decision. It is sufficient that it came to a decision. We are required only to inquire what that decision was, and then give it such force and effect as may be necessary to determine tbe right to tbe ownership and possession of tbe church property. I apprehend that no member of this court, if expressing bis own views, would concur with those of tbe minority of the Thingvalla Congregation, or of the'majority of tbe synod, on tbe question of inspiration; I certainly should not; but be that as it may we are confronted with tbe duty of deciding this lawsuit on tbe record before us, and not on our personal beliefs.
Referring to tbe concurring opinion of my brother Fisk: In reply to bis statement that no one contends that tbe constitution of tbe Thing-valla Congregation stipulates in favor of the doctrine of plenary inspiration, my understanding is that tbe testimony of several witnesses, experts, is to tbe effect that tbe language of tbe constitution implies plenary inspiration, though it does not use tbe word “inspiration” or tbe .word “inspired.” From their testimony I judge that tbe terms used have generally been construed by theologians to mean that tbe Scriptures were wholly inspired. Not only that, but in tbe employment of this language its authors proceeded on the assumption that it was conceded by all that Scriptures were plenarily inspired, and that there
I, however, do not consider it very material whether any doctrine of inspiration, was considered or thought of when the congregation adopted its constitution. When it joined the synod it agreed to abide by the interpretation placed upon the constitutions of both the synod and the congregation by agreeing to submit all doctrinal questions to it for decision, and even had it contemplated any specific kind of inspiration when the constitution was framed, language was used which left room for growth and expansion. It likewise left room for contraction and narrowing by interpretation. But however the conclusion of the synod may be regarded, it constituted its decision on a doctrinal question, and when it is said that it was taken for granted or presupposed that the Bible was the inspired word of God, the full contention of the respondents is sustained, because such is plenary inspiration. Surely the doctrine contained in the 'last paragraph of Judge Fisk’s opinion is most novel, and would exclude all opinion evidence by experts.