229 Wis. 243 | Wis. | 1938
The plaintiffs are members and a part of a faction of the membership of the defendant corporation. The individual defendants are the pastor, trustees, and officers of the corporation. The word “church” will be hereinafter used as meaning the corporation.
The complaint incorporates as part thereof three exhibits : The articles of incorporation of the church adopted in 1888; the constitution of the church as adopted upon the formation of the corporation; and the constitution of the church as amended in 1932 which the plaintiffs accept as the present constitution. Changes attempted to be made in 1937 are set out. No claim is made that the amendments of 1937 were not duly adopted. The claim is that those amendments are void as beyond the power of the members to' adopt, and that being void, actions of the defendant officers pursuant thereto constitute misconduct for which they should be removed and required to restore the church and its property to1 the plaintiffs that its affairs may be conducted according to the
It appears from the complaint that in 1888 the defendant church was organized, and that its articles of incorporation declared that the incorporators “and those who are or may become associated with them for the purposes herein specified have organized themselves into a religious society for the Independent Worship of God, the Promotion of the interests of Religion in our midst and the Spread of Spiritual Holiness throughout the world and said society to be located at Hales Corners, . . . for religious, charitable and educational purposes,” under the name of the Evangelische Emanuel Church of Hales Corners. The German word “Evangelische” was changed to the English word “Evangelical” by the amendments of 1932.
It further appears that the constitution adopted by the church contemporaneously with the adoption of its articles of incorporation contained the “Confession of Faith” of the church and declared that “as an Evangelical Congregation we [the members of the church] acknowledge the Holy Scriptures ... as the Word of God . . . accept the interpretation of the Holy Scriptures as given in the symbolic books of the Lutheran and the Reformed Church, the most important being: The Augsburg Confession, Luther’s and the Heidelberg Catechisms, in so far as they agree but where they disagree the congregation adheres strictly to1 the passages of the Holy Scriptures bearing on the subject and avails itself of the liberty of conscience prevailing in the Evangelical Church.” This provision is stated to be identical with the Confession of Faith of the Evangelical Synod of North America.
The complaint further alleges that “the corporation constructed a church [house of worship] and a parsonage and
The plaintiffs contend that the church was organized as a member of the Evangelical Synod of North America, and the defendants contend that it was organized as an independent church. The defendants base their whole case upon the articles of incorporation and the declaration therein of purpose to form a religious society for the independent worship of God. The plaintiffs base their claims upon the proposition that the constitution adopted upon the adoption of the articles shows that the real purpose of the organization was to create a member of the synod named in the constitution, with the Confession of Faith of that synod, and to have services and teaching conducted as prescribed by that synod..
We are of opinion that the fact that the constitution of the church as adopted contemporaneously with the adoption of its articles of incorporation supports the inference that the church “was organized as a religious corporation of the Evangelical Faith” as particularly alleged in the complaint and that this is not inconsistent with the declaration of the
The rights of the plaintiffs under the facts appearing from the complaint were so well and so tersely expressed by Mr. Justice Dodge in the opinion in Marien v. Evangelical Creed Congregation, 132 Wis. 650, 652, 113 N. W. 66, that we can do no better than repeat as the law of this case what is there stated:
“The only concern of courts with the differences of creed or belief within or between religious organizations is when some property or contract rights are involved and demand protection. It is, however, fully established by our own court, in common with most others, that when property has been acquired, whether by gift or purchase, for the maintenance and support of the faith of any recognized denomination or church, every member of the association acquiring it, corporate or unincorporated, has a right to resist its diversion to Other antagonistic uses, whether secular or religious, and therefore those who hold the title or control, whether a corporation or the officers of the association, hold it charged with a trust to apply it to the uses for which acquired and not to inconsistent ones. Such trusts the courts will protect and enforce. Fadness v. Braunborg, 73 Wis. 257, 293, 41 N. W. 84; Franke v. Mann, 106 Wis. 118, 81 N. W. 1014; Cape v. Plymouth Cong. Church, 117 Wis. 150, 93 N. W. 449; S. C., 130 Wis. 174, 109 N. W. 928.”
The situations in the Marien and the instant case are the same in all essential particulars. In that case “the defendant corporation was organized to support the faith of, and to be connected with, the German Evangelical Synod of North America,” as the complaint herein alleges the instant church
Enough has been stated to show the similarity between the situations involved in the Marien and the instant case, if not their identity. Other radical changes were made in what we have above referred to as the “old” by the “new” constitutions, meaning by the latter the constitution adopted in 1937 and by the former the constitution then existing, that clearly show a withdrawal of the church from the synod, practices differing from those prescribed by the synod and preaching and teaching by the pastor of doctrines at variance from those of the synod. The most significant of these are as follows: The old provided that differences between congregation and pastor should be “submitted to the judiciary of the Evangelical Synod of North America.” This provision is eliminated from the new constitution. The old provided that the congregation should make “ample provision for the religious education of its children in close conformity with the system of religious education in the Evangelical Synod. Additional provision for continued training and instruction of youths and adults shall be made.” The new strikes the words above italicized. By the old, the church could only elect as pastor one “who is a member of the Evangelical Synod of North America or is recommended by the District President and the President General.” The new retains the present pastor who it is declared was elected by the congregation and provides that in the future the pastor “shall be elected by the congregation upon recommendation of the church council.” The old provides that the pastor should “perform all such duties as belong to the pastor’s office of the Evangelical ChurchThe new strikes -out the italicized words. In respect to the calling of a pastor the old constitution provides that “the church council should get in
By the Court. — The order of the circuit court is affirmed.