177 Pa. 473 | Pa. | 1896
Opinion by
The plaintiffs’ bill in this case avers, as follows: In 1832 a religious congregation was organized at Howard, Centre county, Pennsylvania, denominated “Disciples of Christ;” at the commencement of these proceedings, it numbered sixty persons, and was not incorporated; one R. C. Leathers made a report to the Pennsylvania conference for the year 1889, that there were but fifteen members in good standing composing the congregation; that this report dropped from the rolls of the congregation a majority of its members without notice or hearing, and without warrant. On February 7, 1890, the majority appealed to an impartial tribunal (not named), and ashed the elders to join in choosing said tribunal, which they, the elders, refused to do; then, a majority of the congregation, acting through a committee, appealed to the elders of a sister church at Eagleville to hear and determine the complaint which had created schism; the elders of the Eagleville church entertained the appeal, and called in elders of the sister congregations of Loch Haven and Williamsport, and together they heard the complaint on June 13,1890, and rendered a decision, recommending the calling of a meeting of the
The answer of defendants denies that those who appealed, called on the elders of Eagleville and Lock Haven churches and held the meeting of 25th of June are a majority of the congregation ; on the contrary they aver that they compose but a small minority; that O. T. Noble and A. M. De Haas, neither of them members of the congregation, but acting as a committee for the meeting, attempted to take possession of the church
The court appointed the late D. S. Keller, Esq., master to report facts and suggest a decree; he took much testimony, and heard full argument by counsel, but died before reporting to the court. Clement Dale, Esq., was appointed in his stead, who without hearing the argument made report; he suggested for decree that defendants be enjoined from acting as officers, or otherwise interfering with the occupation of the church, and that some person be appointed to give two weeks’ notice of a congregational meeting of the members now in good standing, for the purpose of electing two elders, three deacons and three trustees to serve for two years, and thereafter the elections to be conducted according to the usages of the church; the same person appointed to give notice, to preside at the election; after the election, the terms of present incumbents’ office to end. The president judge approved the report of the master, made in substance the decree suggested by him, and appointed A. M. De Haas, one who sided with plaintiffs, to give notice and preside at the meeting of the congregation. The two associate judges filed a dissenting opinion, dismissing the bill at the costs
Our power of adjudication in disputes between warring church parties is limited. In such cases we can look into the rules of a church organization only to ascertain the church law, and if that be not in conflict with the law of the land, all we can do is to protect the rights of parties under the law they have made for themselves. Our Brother Williams has so fully discussed this subject, and so clearly stated the rules that must govern courts in such litigation in the late case of Krecker v. Shirey, 168 Pa. 551, that we need not repeat them.
Each party here claims to be a majority; when this trouble arose the defendants were in office; presumably, they were put there by a majority, and there was no evidence even offered to rebut this presumption. It is admitted their term of office was indefinite, and they could only be deposed by a majority of the members. Assuming that a majority of the members demand the removal of these officers, what method should they legally adopt to effect their purpose ? The law is settled that it must be done in compliance with the rules and discipline of the church. “ A majority of a church organization may direct and control church matters consistently with the particular and general laws of the organization or denomination to which it belongs, but not in violation of them:” Sutter v. The Church, 42 Pa. 503. The master finds as a fact that every Disciples’ congregation is practically independent; other congregations of the same denomination may advise, but there is no superior tribunal of appeal. Both parties concede that they recognize no rule of conduct in cases of dispute except the New Testament. Alexander Campbell, the Disciples’ greatest preacher, if not their founder, says, “ It (the church) knows nothing of superior or inferior church judicatures, and acknowledges no laws, no canons or government, other than that of the Monarch of the Universe and its laws.” Daniel Sommer, an authority in the church, discusses the whole subject, and while he favors an appeal to other churches for advice and aid in allaying church dissensions, he comes to this conclusion: “ The question is often asked, have we no right to appeal from the decision of a church ? Certainly, the right of appeal is as free as the air we breathe. For our own justification, we may appeal to one church or a dozen, to
Many other authorities were put in evidence before the master ; the decided weight of them tends to establish the rule in this particular denomination that each congregation is absolutely independent of any legal control by any other congregation, or by the clergy or officers of such other congregation. What are the admitted facts here ? Against the protests of defendants, delegations from Eagleville and Lock Haven churches, two ministers, one from Bellefonte and one from Williamsport, met with members of this congregation outside the church, and by a vote deposed these defendants and elected in their places part of these plaintiffs, and approved and continued in office part of them. Where in the rules of the church organization exists the semblance of authority for this proceeding? The master does not point out, and we have failed to find it in the evidence. It is said that Leathers and one of the Gardners were present at one of the hearings before the 25th of June, and had notice of the meeting; this is denied; but assume it to be true, both objected to the meeting when held, and refused to take part. We decline to consider the arguments bearing on the fairness and desire for peace displayed by the respective parties; discussion of this subject would neither determine the existence of authority in the meeting nor the want of it. In the exercise of such a high authority as was attempted here, parties must point us to a clear “thus saith our church law.” We are of opinion, the meeting of June 25th was wholly without authority to depose the old officers or to elect new ones.
But, it is asked, if the members represented by these plaintiffs be in a majority, how shall they obtain the rights of a ma
The decree of the court below is reversed and set aside, and the bill is dismissed at costs of plaintiffs!