14 Abb. N. Cas. 363 | N.Y. Sup. Ct. | 1881
With a view to a full understanding of the question considered and determined, in disposing of the pending motion, and to prevent misconception on the part of persons interested in this controversy, it seems necessary to make a full and complete statement of the facts disclosed in the proceedings and set forth in the affidavits. In essential matters there is no dispute. There is nothing in controversy but legal propositions.
There exists in this State and nation a large body of Christian people who are known by the denominational name of Presbyterians. Of the origin, growth, numbers, influence and particular faith and creed of this religious society, it is notimportant to make mention, but as to its form of government, customs, rules and discipline it will be necessary hereafter to make inquiry.
At Dunkirk there is a religious society belonging
This corporation still exists and possesses and has title to real estate of the value of twenty thousand dollars and upwards, upon which there Is a church edifice, in which up to the time of the commencement of this action the members of the said church and congregation held religious meetings.
The plaintiffs are members of the said religious-society and of the corporation, and entitled to vote for trustees.
The defendants, Fullager, Colman, Hallock and Hequembourg, are now members of the board of trustees and a majority thereof. The defendant, Edward P.. Adams, when the injunction order was issued, was acting as the pastor in charge of the said religious society and congregation. Mr. Adams was duly, after the rites and ceremonies of the Presbyterian Church, ordained as a minister of the gospel, and regularly installed over this society.
In the summer of 1880, he was, by the action of the Buffalo Presbytery, of which body he was a member, deposed from his holy office on a charge of unsouncL ness in faith and doctrine.
Mr. Adams utterly disregards the action of the ecclesiastical tribunal which condemned and deposed
The position of Mr. Adams and of a majority of the trustees in sustaining him is concurred in by a majority of the members of the religious society and of the congregation at large.
The plaintiffs in the action represent the views of the minority. They file the bill in their own behalf and for the benefit of all others who belong to the church and congregation, who like themselves are in opposition to the attitude of the defendants.
Upon these facts the plaintiffs seek to restrain the trustees, as officers of the corporate body, from opening the church and suffering Mr. Adams to occupy the pulpit as minister over this congregation, because being, in fact, deposed from the holy office of minister, it is contrary to the discipline, rules and usages of the Presbyterian Church for him to continue that relation with the society. That it is wrong, an offense to their 'religious convictions, to be compelled to receive from a deposed minister spiritual instruction or the sacraments recognized by this denomination.
The trustees have not sought as yet to sever this society from the ecclesiastical relations which it held at the commencement of this unfortunate controversy with the higher judicatories of the Presbyterian government; but insist that their action is defensible and loyal to the faith and polity of the Presbyterian Church. That the attempt of the Presbytery to depose Mr. Adams was unjust; without good and sufficient
This statement of facts, together with the position of the parties, brings the mind of the court to a consideration of the legal propositions which are necessarily involved in the controversy-. The principal question and the difficult one arises out of the argument made in behalf of the defendants, that the civil tribunals have no jurisdiction over the matter in dispute ; that it is purely an ecclesiastical question, and should be remitted to the tribunals and councils of the church where it properly belongs, wherein it had its origin and should receive its final adjudication.
If the State tribunals have rightful jurisdiction and can interfere and determine any point in dispute between these suitors, the power and authority come from the provisions contained in recent laws enacted by the legislature in the years 1875, chapter 79, and 1876 chapter 176, both being supplementary to chapter 60 of the Laws of 1813, entitled 66 An act to provide for the incorporation of religious societies.55
Before considering the effects of these amendments, it is important to have in mind the interpretation placed upon 'the original act of 1813, as to the jurisdiction of the civil courts over religious corporations, as legal entities, and their trustees, as officers, when created by and under that act.
After much discussion, and in the face of conflicting opinions expressed by members of the highest courts in the State, a final judgment was reached, which is accepted as the true construction of the enactment; and among the propositions thus established are the following, to wit:
It is also held by the courts, and it is an important determination as bearing on the question now to be decided, that the trustees, as officers of the corporation, have entire control over the property owned by the corporation, including the church or place of worship, and that courts of equity had no jurisdiction to interfere with the actions and doings of the trustees in the management of the property belonging to the corporation, for the reason that the legislature had expressly exempted religious corporations from the
The several propositions thus stated are concurred in by the learned counsel on both sides of the present discussion and are found in the leading cases of Robertson v. Bullion, 11 N. Y. 243, and Petty v. Tooker, 21 N. Y. 267.
The plaintiffs now claim that recent legislation, the acts above referred to, confer on courts of equity the requisite jurisdiction to supervise and inquire into the actions and doings of trustees of religious corporations, in managing its temporalities, at the instance of any of the corporators, with the like power and effect, as it may concerning trustees, directors or managers of other civil corporations, and that trustees of religous corporations are now by virtue of the said acts under an express direction as to the way and manner they shall hold, use and apply the temporalities of the church, and are prohibited from, diverting the same to other uses and purposes.
These directions and restraints are all found in section 1 of act of 1876, which reads as follows, viz: “ The rectors, wardens, and vestrymen, or the trustees, consistory or session of any church, congregation or religious society, incorporated tinder any of the laws of this State, shall administer the temporalities thereof, and hold and apply the estate and the property belonging thereto, and the revenues of the same, for the benefit, of such corporation, according to the rules and usages of the church or denomination to which said corporation shall belong ; and it shall not be lawful to direct such estate, property or revenue to any purpose, except the support and maintenance of any church or religious or benevolent institution or object connected with the church or denomination to which such corporation belongs.” And also in section 1, of the act of 1870, which is as follows, viz :
These supplemental provisions to the general statute are radical in their character and effect, when read in the light of the construction which the courts have finally given to the original chapter. Doubtless they were enacted on the petition of citizens, who were members of the various religious societies existing in the State, who were pursuaded that a change in the law might be wisely made, so as to subject the trustees of religious corporations to the jurisdiction of the civil tribunals, as they were vested by law with the control and management of all property both real and personal, owned by such corporations. That the trusts conferred on the trustees were of such nature and importance that they ought not to be exempt from the oversight to which other corporate managers are subjected, and that the corporators themselves, should be deemed proper parties, who might complain of any departure from duty on the part of the trustees and invoke the protection of a court of equity, which from the nature of its powers, and the mode of exercising them, could give more complete and speedy relief than courts of law in matters of this nature.
It. will be seen that none of the new provisions
In applying the provisions of these statutes to cases as they may arise and come before the court, there can be no great misconception as to the intention of the legislature in using the language employed, to wit: “According to the discipline, rules and usages
of the denomination to which the church members of the corporation belong,” as found in the act of 3875. Or in these words : “For the benefit of such corporations according to the rules and usages of the church, or denomination to which said corporation shall belong ” as found in the act of 1876..
At the time of the passage of the general act of 1813, there existed in this state numerous denominations organized into voluntary associations, each distinct and separate from each other, differing in faith, doctrine, usage and discipline, all independent, being entirely free from state interference and control. This was the situation from the early settlement of the country. Hone of these religions bodies possessed any of the capacities, attributes and rights of a corporated body. In the law they had no legal existence. They were regarded as spiritual organizations, many of them embracing within their aims and purposes
This was the situation of the religious organizations in this State so far as their temporalities were concerned, when the act of 1813 was passed. By its provision these societies could easily and in pojnilar manner become incorporated, with the purpose of managing with more facility and advantage the temporalities belonging to the church or congregation. The extent and value of property which a single religious corporation can take and hold has been from time to time increased, so that now it is very great, and in the aggregate immense. The ability and inclination on the part of generous and religious minded people to bestow property on religious corporations is increasing if not equal to their capacity to take.
In view of the fact, that the different religious denominations are so numerous, and the powers of the trustees in the disposition of the revenues and property of the corporation are so great, and they not sub
The corporation defendant in which is vested the title, to the church edifice in which Mi*. Adams officiated as minister, and of which the other defendants are trustees, belongs within the sense and meaning of the new clauses to the Presbyterian Church or denomination, as that religious organization is shown to exist in this country, as a separate and distinct ecclesiastical body, with faith and doctrine, rules, usages and
Mr. Adams is a deposed minister of this denomination. The trustees of the corporation for the time being seek to maintain him as the minister over this society against the protests of the plaintiffs and others who are members of the congregation and of the spiritual body. This court is not called upon in disposing of this motion to investigate the charge made against- Mr. Adams, upon which he was tried and condemned by the Presbytery of which he was a member. He had due notice of the accusation ; was summoned before that judicatory. He appeared and answered the charge, and was fully heard in his defense. The proceedings were initiated and conducted in full compliance with the established rules and usages of that tribunal. His expulsion from the holy office of minister is not the subject of review or criticism in this action. . This court must accept the fact of his deposition, and determine the matter in controversy accordingly.
The ministerial office is made the first in dignity, importance and usefulness in the convictions of this body of Christians. By their faith, doctrine and ordinances only duly ordained ministers can of right administer the sacraments and perform other functions and duties which concern the spiritual welfare of those who are members of the church proper.
To continue Mr. Adams as minister over this church and congregation, who denies that he has been deprived of his holy orders, and persists in the exercise of all the holy and delicate duties of a minister of the gospel, as .that office is known to and believed in by Presbyterians, is to my mind a plain violation of the provisions of the new clauses, and is a use of the temporalities, the estate, the property of the corporation, contrary to the usages, forms, customs and
It is argued by the learned counsel for the defendants that “ the church or denomination,” as mentioned in the late acts, point to the local church or society, and the members thereof, .and that it is the rules, customs, and discipline of this body that the trustees are to observe and follow in administering the trusts and duties conferred upon them. That their action is indorsed by a majority of the members of the local society, and therefore their conduct is justified, and the meaning and intention of the law observed. In instances where the local religious society, by the nature and character of its organization, is strictly independent of other ecclesiastical organizations, and so far as its church government is concerned, owes no fealty or
But to hold, in this case, that the local society is the “ church or denomination,” whose usages and discipline the defendants, as trustees, must observe, is to ignore an admitted and prominent fact.
In the Presbyterian form of government, the local congregation is but a member of the larger and more important religious organization, and is under its government and control, and is bound by its orders and . judgments in purely spiritual matters. There are in this system of church organization three judicatories, or representative bodies—the session, the presbytery, and general assembly. The purpose, powers and jurisdiction of each is distinctly stated and promulgated in the printed books containing its history, articles of faith and ordinances, which constitute the body of ecclesiastical law which governs this denomination. The church session represents, and is chosen by and from the local society, but it has no authority to create and issue rules of discipline, or establish usages and customs in religious matters; in this respect, it is wholly subordinate to the Presbytery, which body is vested with the functions : “to resolve questions of doctrine and discipline,” “ to ordain, install, remove and judge ministers,” and in general “ to order whatever pertains to the spiritual welfare of the churches under their care.” The jurisdiction possessed by the higher tribunals, the synod and general assembly, it is unnecessary to mention. It is therefore altogether certain that in so far as this particular denomination is concerned, that it is not the usages and customs of the
There is no claim put forth by any of the parties defendant that they or the local church of any of the members of the same have ceased to be Presbyterians, in faith or doctrine, or that the society has severed itself from the Presbytery to which it is attached, they do not deny its authority, but contend that in the deposition of Mr. Adams that body acted unwisely ■ and without just cause, with that question the court does not deal, as it is not within its jurisdiction and is not involved in this decision.
But over the defendants, as trustees of a civil and private corporation, the court has jurisdiction and power to restrain them by injunction from violating the directions of the statute, as to the use and management of the property and estate in their hands, belonging to the corporation. The plaintiffs, as corporators, with a view to protect their property interests,
' growing out of the relation which they hold thereto, are the only necessary parties, to initiate this suit and prosecute it, to a final judgment.
It is now well settled law that one alone of many
The motion to dissolve the injunction is denied, without costs.