CHAPTER XVII. STATE COURTS

*209.* _Decision, Ecclesiastical Matter._—The decision of the highest

tribunal of the church on a purely ecclesiastical matter will not be

disturbed by civil courts unless it is in open defiance and express

violation of the constitution of such body.(374)

*210.* _Right of Property, Civil Rights._—Where there are several church

tribunals one above another, when the highest tribunal having jurisdiction

of the case has decided a question as to the right of property, a civil

court will accept such decision of the church tribunal as conclusive.(375)

The courts give way to the usages and regulations of the church so far as

they are not inconsistent with the constitution and laws of the

State.(376) As far as civil rights are concerned, the statute of

limitations may be pleaded even where those rights are founded upon some

law or rule of the denomination.(377)

*211.* _Creed, Factions, Property, Management._—The supreme court

exercises no ecclesiastical jurisdiction, but accepts what the highest

ecclesiastical authority in each church promulgates as the faith and

practice of that church, and will not determine for itself what that faith

or creed is in order to establish the rights of respective factions in the

church to the church property. But a majority of a congregation that

secedes from the church and forms a new organization can not claim any of

the property.(378) The civil courts will not interfere with church

management so far as concerns the spiritual discipline of the members, but

where civil rights of property are involved, the courts may determine

them.(379) The civil rights of a religious society or its members are

within the jurisdiction of the State courts.(380)

*212.* _Trust, Court of Equity._—A conveyance in trust for the use of a

church vests the use in the church and it will be protected by a court of

equity.(381)

*213.* _Injunction, Closing Church, Paying Money, Disturbances._—A court

of equity will issue an injunction against the trustees of a church from

wrongfully closing it or keeping it closed even against a small

minority.(382) Church property vested in trustees of a religious body is

held under trust and a court of equity has jurisdiction to enforce the

trust.(383) A court of equity may restrain the trustees of a church from

paying money to a duly deposed minister.(384) But a court of equity will

not interfere to quell religious disturbances when no question as to

property or civil rights is involved. The board of trustees of a church

can not remove a priest against the will of the congregation.(385)

*214.* _Suits, Parties._—Where a number of persons have contributed to the

erection of a church, it is not necessary for all who contribute to join

in an action to restrain a sale of the property for mercantile

purposes.(386) Any member of a church not incorporated may come into a

court of equity in behalf of himself and others and enforce the execution

of a trust in favor of the church.(387) The same rule would apply to a

church where any one in authority is violating the law.(388) If several

congregations of a diocese are interested in litigation, to hold all the

property of the diocese liable for the debt of a parish, each congregation

is entitled to be made a party.(389)

*215.* _Complaint._—A complaint that the plaintiffs hold one doctrinal

standard and the defendants another is sufficiently definite without

explaining the difference between the two.(390)

*216.* _Church Tribunal, Courts._—Courts are reluctant to interfere in the

church doctrine or discipline or inquire into the regularity of the

proceedings of the church tribunal. When such tribunal has deposed a

pastor or expelled a member, it is final. However, in contracts, property

rights, and civil rights of a citizen, the courts take jurisdiction. It is

no defense to a pastor’s expulsion that there is salary due him.(391)

*217.* _Unincorporated Congregation, Actions, Interest._—An unincorporated

congregation may be sued on contract in its associate capacity, though no

persons are named as trustees or committeeman.(392) In all actions by or

against a congregation the civil courts will not permit suits to be

brought by complainants who have no interest either legal or equitable in

the temporalities of the church.(393) A suit against a society of Shakers

consisting of indefinite membership with changing additions, withdrawals,

and deaths, whose property is held in common without any individual

interest, may properly be brought in equity as the remedy at law would be

inadequate.(394)

*218.* _Blasphemy, Sabbath, Lord’s Prayer, Bible._—Christianity is a part

of the common law of the United States; it is on this ground that

blasphemy and violation of the Sabbath are made criminal offenses and that

the Lord’s Prayer and the Bible are used in the schools.(395)

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