44 Neb. 672 | Neb. | 1895
The appellants commenced this action in the district court ■of Seward county, the object being to obtain an order of injunction restraining the appellees from interfering with or disturbing appellants in their use of a certain church building known as the Church of Mount Zion of the Beaver Crossing Mission of the Evangelical Association of North America, or their conducting religious exercises therein, and also restraining J. P. Ashe of defendants from officiating as minister at religious gatherings of the congregation in such church. There was a trial of the issues joined in the district court and a finding and judgment in favor of defendants, from which plaintiffs appealed to this court, and ■on hearing the judgment of the trial court was affirmed. A motion for rehearing was presented and granted. For a statement of the case we refer to the former opinion, reported in 36 Neb., 564. The decision of the controversy
“Beaver Crossing, June 4, 1890.
“I, A. W. Shenberger, presiding elder of the Blue Springs district of the Platte river conference of the Ev. Association, do prefer charges against Rev. J. P. Ashe, for actions and sayings unbecoming a minister’, and which has caused dissensions and disturbed the peace and harmony and prosperity of our society at Beaver Crossing.
“ Specification A. In having certain resolutions passed' by the board of trustees of the church which caused great dissatisfaction, which is contrary to the discipline.
“Specification B. In' misrepresenting the interest and action of the Platte river conference, and especially at its last session, and the interest of the members of the society at Beaver Crossing, by intimidating on the finance.
“Specification C. In neglecting or refusing to observe our book of discipline as found on page 67, question 96, aiibwer 2, also in answer 4, in lines 2 and 3, at the top of' page 68, in book of discipline.
“A CHARGE EOR IGNORING HIS SUPERIOR IN OEEICE. AND DECEPTION.
“Specification A. On Monday, June 2, he told me that-he did not recognize me as a presiding elder nor a member of the church since last conference. Same night in the church he said I was no elder and that he would not accept any charge from me.
*676 “Specification B. In practicing deception, in keeping me Ignorant of what he was influencing the trustees to do, giving the wrong advice to the members, which is an open, violation of the discipline as found on page 71, answer 8*
“Specification C. In practicing deception on me, inasmuch as he was told by ex-Bishop Esher at the last annual •conference that he, Ashe, should stay at Beaver Crossing» •and then some time in the future he should come over to -and bring the church property and people with him.
“Specification D. In communing with me on Sabbath, the first of June, also recognized me to hold quarterly conference on Saturday previous and do business, and then on the following Monday told me I was no P. E,, neither member of the church.”
In the discipline, part 6, chapter 2, sections 119 and 120 are as follows:
“Sec. 119. Ques. What shall be done if an elder, deacon, or preacher is under report of being guilty of some-crime expressly forbidden in the word of God as an unchristian practice, sufficient to exclude a person from the kingdom of grace and glory? Ans. 1. In case there be no bishop present the presiding elder shall call in as many •ministers of the church as he shall think proper, yet not Jess than three, and bring the accuser and accused face to face. If the accused be clearly convicted of the alleged crime, he shall be suspended from all his legal functions, excluded according to the nature of the offense until the next annual conference, which shall finally decide the case. * * * But in case a presiding elder has charges against a preacher in his district the trial shall be conducted in the absence of the bishop by the presiding elder of an adjacent district.
“Sec. 120. Ques. What shall be done in case of improper words, actions, or temper? Ans. The accused shall be reprimanded by his senior in office. Should he repeat the same transgression, then one, two, or three preachers*677 are to be taken along as witnesses to enforce a second reproof. If he be not then cured of the evil he shall be tried at the next annual conference, and if found guilty and incorrigible, he shall be excluded.”
The committee evidently proceeded under section 119 in the trial, judgment, and recommendations, which they made and embodied in their report to the annual conference. This, it is contended by appellees, was an error on their part, that the charges were not such as to call for or to authorize any trial under section 119, but rather disclosed that' Mr. Ashe was a fit subject to be labored with and reproved or reprimanded, and if not reformed by such labor and admonition, then to be tried by the next annual conference as provided in section 120. We will further say here, that in what is termed an “Appendix” to the discipline, it is stated that a committee to investigate charges “has to decide under which paragraph of the rules governing investigations-the charges are to be placed.”
In our former opinion it was held that inasmuch as the-right to the occupancy and use of the church property would be affected, and to a limited extent involved and determined, the adjudication of the church committee or body-vested with jurisdiction was not conclusive and absolute, but the whole proceedings would be reviewed, and if discovered to be erroneous and not in accordance with the organic rules prescribed by the governmental ecclesiastical body, would be held void in so far as they necessarily and1 directly involved property rights. The appellants contended against the application of the doctrine then announced, both at the time of the original hearing and in-arguments filed on rehearing. After a re-examination of the case and the authorities bearing upon the disputed question, which are conflicting, we are satisfied that our former decision was erroneous and must be overruled. The parties contending are but divisions of the one congregation belonging to the same church organization. It i®
In the German Reformed Church v. Seibert, 3 Pa. St.,
The former decision herein is overruled, the judgment of the district court is reversed, and a decree entered in this court granting a perpetual injunction against the appellees.
Decree accordingly.