Indiana. 
 Circuit Court (Wayne Co.) 
 
 Decision of Judge Eugene H. 
 
 Bujidy in the third full 
 
 trial of the case of the 
 
 Church of the United 
 
 Bretliren in Christ vs. 
 
 the seceders from said 
 
 church 
 
 3X9573 
 A5I3 
 
Of 
 
 NOV 16 1950 ^ 
 
 3)(B875 
 .A513 
 
ldLibrar7 .A 51 3 
 
 Decision of Judge [ugene H, B 
 
 THIRD FULL TRIAL 
 
 OF THE CASE OF THE 
 
 Church of the United Brethren in Christ 
 
 vs. 
 
 THE SECEDERS EROM SAID CHURCH. 
 
 / 
 
 Ma^ne Circuit Court, 
 
 .^RICHMOND, WAYNE COUNTY, INDIANA, 
 
 Jjme 23 -July 11, i8go. 
 
 DAYTON, OHIO: 
 United Brethren Publishing House, 
 
,M\\ 18i5'25 
 
 Decision of Jodge K H. Bundy. 
 
 Milton Cain, Alvis Menden- 
 HALL, Daniel W. Harris, Sam- 
 uel A. Moore, Isaac Love, 
 
 vs. 
 
 Charles Lamb, Lewis Oler, 
 Adam Howard, Andrew J. 
 Bolen, Zedekiah McNew, 
 
 Wayne Circuit Court, 
 State of Indiana, 
 CaseN^o. 8,268. 
 
 Eugene H. Bundy, Judge. 
 
 Having" been requested by the defenduiits in the 
 above entitled cause to make a special finding of the 
 facts proved in said cause, with my conclusions of law 
 thereon, I find as follows : — 
 
 That at the time this action was brought, the Church 
 of the United Brethren in Christ was an organized re- 
 ligious society in the United States, having official 
 bodies for the government of the Church, its members, 
 congregations, and officers ; each being clothed with 
 certain powers, as follows: — 
 
 First. The Official Board of each congregation, which 
 meets monthly, and transacts the business of the con- 
 
gregatious. It consists of the recognized preachers, 
 exhorters, leaders, stewards, trustees, and Sunday-school 
 superintendents who reside within the bounds of the 
 congregation, or hold membership therein. 
 
 Second. The Quarterly Conference, composed of the 
 presiding elder of the district, and the preacher in 
 charge, and recognized preachers, exhorters, class lead- 
 ers and stewards, trustees and Sunday-school superin- 
 tendents, who reside within the district or hold 
 membership therein. It meets quarterly, and among 
 other things appoints trustees of the meeting-houses, 
 who hold during the pleasure of the Quarterly 
 Conference. 
 
 Third. The Annual Conference, which meets yearly, is 
 composed of the elders and licentiate preachers who have 
 been received by the Annual Conference in each district, 
 and is presided over by a bishop of the Church. 
 
 Fourth. The General Conference, which meets every 
 four years, composed of elders, elected by the church 
 members in every conference district throughout the 
 society. 
 
 The Official Board is subordinate to the Quarterly Confer- 
 ence; the Quarterly Conference to the Annual Conference, 
 and the Annual to the General Conference, the last being 
 the highest legislative and judicial body of the Church. 
 
 I further find that some time prior to the year 1800, the 
 Church of the United Brethren in Christ was organized as 
 a religious society. No General Conference of the Church 
 was held until 1815, when, on the 6th of June of that year, 
 tlie first General Conference was held at Mt. Pleasant, in 
 
Pennsylvania, in pursuance of a call, which had before that 
 time been made. This Conference formulated a Discipline, 
 which contained the rules and doctrine, or Confession of 
 Faith, of the Church, which Confession of Faith was as 
 follows : — 
 
 OLD CONFESSION OF FAITH. 
 
 In the uame of God we declare and confess before all men, that we 
 "believe in the only true God, the Father, the Son, and the Holy Ghost ; that 
 these three are one— the Father in the Son, the Son in the Father, and 
 the Holy Ghost equal in essence or being with both ; that this triune 
 God created the heavens and the earth, and all that in them is, visible as 
 well as invisible, and, furthermore, sustains, governs, protects, and sup- 
 ports the same. 
 
 We believe in .Jesus Christ ; that he is very God and man ; that he 
 became incarnate by the power of the Holy Ghost in the Virgin Mary, 
 and was born of her; that he is the Savior and Mediator of the whole 
 human race, if they with full faith in him accept the grace proffered in 
 Jesus ; that this Jesus suffered and died on the cross for us, was buried, 
 arose again on the third day, ascended into heaven, and sitteth on the 
 right hand of God, to intercede for us ; and that he shall come again at 
 the last day, to judge the quick and the dead. 
 
 We believe in the Holy Ghost; that he is equal in being with the 
 Father and the Son, and that he comforts the faithful, and guides them 
 into all truth. 
 
 We believe in a holy Christian Church, the communion of saints, the 
 resurrection of the body, and life everlasting. 
 
 We believe that the Holy Bible, Old and New Testaments, is the word 
 of God ; that it contains the only true way to our salvation ; that every 
 true Christian is bound to acknowledge and receive it with the influence 
 of the Spirit of God, as the only rule and guide ; and that without faith 
 in Jesus Christ, true repentance, forgiveness of sins, and following after 
 ■Christ, no one can be a true Christian. 
 
 We also believe that what is contained in the Holy Scriptures, to-wit: 
 the fall in Adam and redemption through Jesus Christ, shall be preached 
 throughout the world. 
 
 We believe that the ordinances, viz. : baptism and the remembrance 
 of the sufferings and death of our Lord Jesus Christ, are to be in use 
 and practiced by all Christian societies ; and that it is incumbent on all 
 
6 
 
 ■ tlie chiklren of Tiod partteularly to pfactiee them , but the niannei in 
 which ought always to be left to the judgment and understanding of 
 every individual. Also the example of washing feet is left to the judg- 
 ment of everyone, to practice or not; but it is not becoming of any 
 of our preachers or members to traduce any of their brethren whose 
 judgment and understanding in these respects is diflerent from their 
 own, either in public or private. AVhosoever shall make hiuisolf guilty 
 in this respect, shall be considered a traducer of his brethren, and shall 
 be answerable for the same. 
 
 This Confession of Faith was never submitted for ratifi- 
 cation or adoption to a vote of the members of the Church, 
 but became the Confession of Faith and doctrine of the 
 Church by reason of its adoption by the delegates to this 
 General Conference, and as such it remained until the 
 meeting of the General Conference held in May, 1889. 
 
 That after this Conference of 1815, General Conferences 
 were held at intervals, and in the year 1837, at the Gen- 
 eral Confereaice held at Germantown, Ohio, a constitu- 
 tion was presented to the Conference by William R. 
 llhinehart, the secretary of the Conference, which, after 
 deliberation and discussion, was unanimously adopted by 
 the Conference as the Constitution of the Church. This 
 was the first Constitution of the Church. This Conference, 
 by its secretary, issued the following circular, by order of 
 the General Confei'ence, to the members of the Church: — 
 
 CIRCULAR. 
 
 To (he Members of the ClntrcJi of Uw VniUil Birllnrn hi. Chrid throiujJiout 
 these United States: 
 
 Dear brethren, by whose authority we, as a Cieneral Conference, have 
 been authorized to legislate on matters iiertaining to the goverim)ent of 
 our Church, and having long since been convinced of the great necessity 
 of a constitution for the better regulation thereof, have, by unanimous 
 consent, framed and established the foregoing. We are well aware that 
 
we have transcended the bounds given us by our Discipline, which will 
 be found in the constitution, Article IV., Section 2, declaring that the 
 said constitution can neither be altered nor amended without a majority 
 of two-thirds of a General Conference. If there had been a general 
 notice given to the Church previoiis to the election of delegates that 
 there would be a memorial offered to General Conference, praying them 
 to adopt a constitution, and to ratify it agreeably to Article IV., Section 
 2, then the General Conference would have had full power to have done 
 so. The object of this circular is ( feeling that the government of our 
 Church is not as firm as it ought to be ) to give notice to our Church 
 throughout the Union that we intend to present a memorial to the next 
 General Conference, praying them to ratify the constitution now 
 ADOPTED, according to Article IV., Section 2, in testimony of our ardent 
 desire for the welfare of our Church, and the general spread of the gospel. 
 
 AVritten by order of General Conference, German town, Ohio, May 
 12th, 1837. 
 
 Signed in behalf of the same, by 
 
 William R. Rhinehart, Sec'y. 
 
 Article IV. of this Constitution was as follows : — 
 
 Section 1. If, at any time after passing of this constitution, it should 
 be contemplated either to alter or amend the same, it shall be the priv- 
 ilege of any member in the society to publish, or cause to be published, 
 such contemplation at least three months before the election of delegates 
 to the General Conference. 
 
 Section 2. No General Conference shall have the power to alter or 
 amend the foregoing constitution, except it be by a vote of two-thirds of 
 that body. 
 
 The next General C(3nferenee met in Pickaway' County, 
 Ohio, on the 10th day of May, 1841. This Conference did 
 not ratify the constitution adopted by the preceding Gen- 
 eral Conference, but adopted another constitution. A 
 motion was made in the Conference that a constitution 
 for the better government of the Church be adopted. On 
 the following day the motion for a constitution was called 
 up, a spirited discussion ensued, the vote was taken, and 
 carried in favor of a constitution; yeas 15, nays 7. On 
 
motion a committee of nine — one from each conference 
 district — was appointed to draft a constitntion. This 
 Committee reported a constitution, which was read twice, 
 and hiid upon the table until the following morning, when 
 it was read a third time by sections, and adopted. This 
 constitution was as follows: — 
 
 CONSTITUTION OF 1841. 
 
 AVe, the members of the Chukcii of the United Bijethke.v ix Chuist, 
 in the name of God, do, for the perfecting of the saints, for the work of 
 the ministry, for the edifying of the body of Christ, as well as to produce 
 and secure a uniform mode of action, in faith and practice, also to define 
 the powers and the business of quarterly, annual, and general confer- 
 ences, as recognfzed by this Church, ordain the following articles of 
 Constitution : — 
 
 ARTICLE I. 
 
 Sec. 1. All ecclesiastical power herein granted, to make or repeal any 
 rule of discipline, is vested in a general confei-ence, which shall consist 
 of elders, elected by the members in every conference district through- 
 out the society; provided, however, such elders shall have stood in 
 tliat capacity three years, in the conference district to which they belong. 
 
 Sec. 2. General Conference is to be held every four years; the bishops 
 to be considered members and presiding officers. 
 
 Sec. 3. Each annual conference shall place before the society the 
 names of all the elders eligible to membership in the General Con- 
 ference. 
 
 ARTICr.E II. 
 
 Seel. The (Jeneral Conference shall define the l)oundaries of the 
 annual conferences. 
 
 Sec. 2. The General Conference shall, at every session, elect l)ishops 
 from among the elders throughout the Church, who have stood six years 
 in that capacity. 
 
 Sec. 3. The l)usiness of each annual conference shall be done strictly 
 according to Discipline; and any annual conference acting contrary 
 thereunto, shall, by impeachment, be tried by the General Conference. 
 
 Sec. 4. No rule or ordinance shall at any time be passed, to change or 
 do away the Confession of Faith as it now stands, nor to destroy the 
 itinerant jilan. 
 
9 
 
 Sec. 5. There shall no rule be adopted that will infringe upon the 
 rights of any as it relates to the mode of baptism, the sacrament of the 
 Lord's supper, or the washing of feet. 
 
 Sec. 6. There shall be no rule made that will deprive local preachers 
 of their votes in the annual conferences to which they severally belong. 
 
 Sec. 7. There shall be no connection with secret combinations, nor 
 shall involuntary' servitude be tolerated in any way. 
 
 Sec. 8. The right of appeal shall be inviolate. 
 
 AETICLE III. 
 
 The right, title, interest, and claim of all property, whether consisting 
 in lots of ground, meetingdiouses, legacies, bequests, or donations of any 
 kind, obtained by purchase or otherwise, by any person or persons, for 
 the use, benefit, and behoof of the Church of the United Brethren in 
 Christ, is hereby fully recognized and held to be the property of the 
 Church aforesaid. 
 
 ARTICLE IV. 
 
 There shall be no alteration of tlie foregoing constitution, unless by 
 recpiest of two-thirds of the whole society. 
 
 This Constitution, together with the Confession of Faith 
 which had before that time been adopted, was printed in 
 the Discipline of that year, and in each succeeding Disci- 
 pline up to the year 1889. I further find that this Consti- 
 tution was never submitted to the members of the Church 
 for their approval or disapproval, but went into force im- 
 mediately by virtue of its adoption by said General Con- 
 ference, and thus became the organic law of the Church, 
 and so remained until May 13th, 1889. 
 
 General Conferences of the Church were held every four 
 years from 1841 up to, and including, -the year 1889, when 
 the last one prior to this suit was held. 
 
 I further find that on the 9th day of January, 1849, one* 
 John Brown was the owner in fee simple of the following 
 described real estate, situated in Wayne County, Indiana, 
 to-wit: — 
 
 [Here folloins a description of the real estate^ 
 
. 10 
 
 And, that on that day lie executed a deed of conve}- 
 ance for said real estate, (lonatin<i-, giving-, and granting to 
 Andrew Xicholson, Elias Lamb, Kathan Wilson, and 
 Jesse W. Brooks, trustees, and to their successors in 
 office, in trust for the Church of the United Brethren in 
 Christ, to have and to hoKl, the west half of said real es- 
 tate forever, without any exception whatever, and the east 
 half thereof "as long as said society, or the citizens of the 
 neighborhood, may continue to use the meeting-house as 
 a house of religious worship for the use of the members of 
 the society of the United Brethren Church in the United 
 States, according to the rules and Discipline which from 
 time to time may be agreed upon and adopted by the 
 Church at their General Conferences in the United States, 
 and in further trust and confidence that they shall at all 
 times forever hereafter permit such ministers and preachers 
 belonging to the said Church as shall from time to time 
 be duly authorized by the said General Conferences to 
 preach and expound God's holy word therein * * *." 
 
 At the dafe of this deed there was, and ever since has 
 been, a meeting-house on said land, used for the purpose 
 of religious worship by a congregation of members of the 
 Church of the United Brethren in Christ. It is known as 
 "Sugar Grove Church," and is under the jurisdiction and 
 control of Williamsburg Circuit, White River Annual 
 Conference, said White TiiNor Annual Conference 1)eing 
 under the jurisdiction and control of the General Confer- 
 ence of the Church of the United Brethren in Christ. 
 The legal title to said real estate has been iield and owned 
 by the trustees mentioned in saiddectl, and their successors 
 
11 
 
 in office duly elected and appointed, from the date of said 
 deed to the date of the bringing of this suit. 
 
 I further tind that a regular General Conference of the 
 Church was held at Fostoria, Ohio, in Maj^, 1885, composed 
 of delegates duly and regularly chosen under the rules and 
 regulations of the Church provided therefor. At this 
 Conference, on the second day, a Committee on Revision, 
 consisting of thirteen members, known and designated as 
 *' Committee ^o. Six," was appointed, to which were re- 
 ferred the Confession of Faith, Constitution, and Section 3 
 of Chapter X, of the Discipline. At a later day in the 
 Conference this committee made a report, in wdiich it was 
 resolved that a Church Commission, composed of twenty- 
 seven persons, be authorized and established, consisting of 
 the bishops of the Cluirch, and ministers and laymen, 
 appointed and elected by that General Conference, an equal 
 number from each Bishop's District, — except that the Pacific 
 District should have two members besides its bishop; that 
 the duties and powers of this Commission shall be to con- 
 sider the i^resent Confession of Faith and Constitution of 
 the Church, and prepare such a form of belief, and such 
 amended fundamental rules for the government of the 
 Church as will, in their judgment, be best adapted to 
 secure its growth and efficienc}' in the work of evangeliz- 
 ing the world. Provided, First, that the Commission shall 
 preserve unchanged in substance the present Confession of 
 Faith so far as it is clear. Second, that it shall also retain 
 the present itinerant plan. Third, that it shall keep sacred 
 the general usages and distinctive principles of the Church 
 on all great moral reforms as sustained by the Word of 
 
. 12 
 
 God in so far as the province of their work may toucb 
 them. The report further provided that a niajority vote 
 of the Commission should be necessary for the adoption 
 of a Confession of Faith and Constitution for submission 
 to the members of the Church; that the Commission 
 should meet at such time and place as the Board of 
 Bishops might appoint, and was expected to complete its 
 work by January 1, 1886; that the Commission should 
 adopt, and cause to be executed, a plan by wliich the pro- 
 posed Confession of Faith and Constitution might receive 
 the largest possible attention, and expression of approval 
 or disapproval by the people of the Church, including all 
 necessary regulations for taking, counting, and reporting 
 the vote; and that when the result of the vote of the 
 Church shows that two-thirds of all the votes cast have 
 been given in approval of the proposed Confession of Faith 
 and Constitution, it should be the duty of the bishops to 
 publish and proclaim said result through the official organs 
 of the Church; whereupon the Confession of Faith and 
 Constitution, thus ratified and adopted, should become the 
 fundamental belief and organic law of the Church. 
 
 I further find that this report was signed by eleven of 
 the thirteen members of the committee, and also that 
 there was a report signed by the same members of the 
 committee recommending a law on the subject of secret 
 combinations to take the place of Section 3 of Chapter 
 X. of the Discipline on that subject. A minority of the 
 committee, consisting of two members, joined in a minor- 
 ity report denying the authority of the General Conference 
 to alter or amend the Constitution of the Church without 
 
13 
 
 first securing the consent of the members of the Church 
 by a two-thirds vote. The majority report was adopted by 
 the Conference, and on a subsequent day of the Confer- 
 ence the members of the Church Commission were chosen, 
 as provided for in the report. 
 
 I further find that in pursuance of this actiou of tlie 
 Oeneral Conference, this Church Commission so chosen 
 met in Dayton, Ohio, on the 17th day of November, 1885, 
 and formulated a Confession of Faith and amended Con- 
 stitution, to be submitted to the members of the Cliurch 
 for their approval or rejection, said revised Confession of 
 Faith and amended Constitution being as follows: — 
 
 REVISED CONFESSION OF FAITH. 
 
 In the name of God, we declare and confess before all men the follow- 
 ing articles of our belief : — 
 
 ARTICLE I. 
 
 OF GOD AND THE HOLY TRIXITY. 
 
 We believe in the only true God, the Father, the Son, and the Holy 
 
 Ghost; that these three are one— the Father in the Son, the Son in the 
 
 Father, and the Holy Ghost equal in essence or being with the Father 
 
 and the Son. 
 
 ARTICLE 11. 
 
 OF CREATION AND PROVIDENCE. 
 
 We believe this triune God created the heavens and the earth, and all 
 
 that in them is, visible and invisible ; that he sustains, protects, and gov- 
 
 ■erns these with gracious regard for the welfare of man, to the glory of his 
 
 Bame. 
 
 ARTICLE III. 
 
 OF JESUS CHRIST. 
 
 We believe in Jesus Christ ; that he is very God and man ; that he 
 became incarnate by the power of the Holy Ghost and was born of the 
 Yirgin INlary ; that he is the Savior and Mediator of the whole human 
 race, if they with full faith accept the grace proffered in Jesus ; that this 
 Jesus suflfered and died on the cross for us, was buried, rose again on the 
 
14 
 
 third (lay, ascended into heaven, andsitteth on the right hand of God, to 
 intercede for us; and that he will come again at the last day to judge the 
 living and the dead. 
 
 ARTICLE IV. 
 
 OF THE HOLY CmOST. 
 
 AVe believe in the Holy Ghost; that he is equal in being with the- 
 Father and the Son ; that he convinces the world of sin, of righteousness,, 
 and of judgment ; that he comforts the faitiiful and guitles them into all 
 truth. 
 
 ARTICLE Y. 
 
 OF THE HOLY SCRIPTURES. 
 
 AVe believe that the Holy Bible, Old and New Testaments, is the word 
 of God ; that it reveals the only true way to our salvation ; that every 
 true Christian is bound to acknowledge and receive it by the help of the 
 spirit of God as the only rule and guide in faith and practice. 
 
 ARTICLE A^I. 
 
 OF THE CHURCH. 
 
 AVe believe in a holy Christian Church composed of true believers, in 
 which the word of God is preached by men divinelj' called, and the or- 
 dinances are duly administered ; that this divine institution is for the 
 maintenance of worship, for tlic edification of believers, and the conver- 
 sion of the world to Christ. 
 
 ARTICLE VII. 
 
 OF THE SACRAMEXTS. 
 
 AVe Ix'licvc that tlie sacnniicnts, baptism and the Lord's Sup])er, are to be 
 used in the Church, and should be jmicticed l)y all Cliristians; l)ut the 
 mode of baptism and the manner of ol)serving the Lord's Supper are 
 always to be left to the judgment ami iimlerstanding of each individual. 
 Also, the l)aptism of children shall be left to the judgment of believing 
 I)arents. 
 
 The ^'.'vn»j)/^' of the wasliiiig of feet is to 1)(' left to tlic judgmer.t of cat'li 
 one, to i>ractice or not. 
 
 ARTICLK VIII. 
 
 OF DFI'KAVITV. 
 
 A\'c belie ;\(' tl Kit iiiaii is I'nlli'ii iVoiih iiiLiinal iiLilitconsncss, and apart fi'oiu 
 tlu' grace of our Lord Jesus Ciirist, is not only entirely destitute of holi- 
 ness, l>ut is inclined to evil, antl only evil, and that continually; and that 
 except a man lie liorn again he cannot see the kingdom of ln'avi'n. 
 
15 ■ 
 ARTICLE IX. 
 
 OF JUSTIFICATION. 
 
 We believe that iJenitent sinners are justified before God, only by faith 
 in our Lord Jesus Christ, and not by works; yet that good works in 
 Christ are acceptable to God, and sirring out of a true and living faith. 
 
 ARTICLE X. 
 
 OF REGENERATION AND ADOPTION. 
 
 We believe that regeneration is the renewal of the heart of man after 
 the image of God through the word, by the act of the Holy Ghost, by 
 which the believer receives the spirit of adoption and is enabled to serve 
 God with tlie will and the aflections. 
 
 ARTICLE XL 
 
 OF SANCTIFICATION. 
 
 We believe tliat sanctification is the work of God's grace, through the 
 word and the Spirit, by which those who have l)een born again are separated 
 in their acts, words, and thoughts from sin, and are enabled to live unto 
 CtocI, and to follow lioliness, without which no man shall see the Lord. 
 
 ARTICLE XII. 
 
 OF THE CHRISTIAN SABBATH. 
 
 We believe tliat the Christian Sabbath is divinely appointed ; that it is 
 commemorative of our Lord's resurrection from the grave, and is an em- 
 blem of our eternal rest ; that it is essential to the welfare of the civil com- 
 munity, and to the permanence and growth of the Christian church, and 
 that it should be reverently observed as a day of holy rest and of social 
 
 and public worshij). 
 
 ARTICLE XIII. 
 
 OF THE FUTURE STATE. 
 
 We believe in the resurrection of the dead ; the future general judg- 
 ment; and an eternal state of rewards in which the righteous dwell in 
 endless life, and tlie Avicked in endless punishment. 
 
 A:\rEXDED CONSTITUTION. 
 
 In the name of God, we, the members of the Church of the United 
 Brethren in Christ, for the work of the ministry, for the edifying of the 
 body of Christ, for the more speedv and effectual spread of the Gospel 
 
16 
 
 and in order to produce and secure uniformity in faith and practice, to 
 define tlie powers and Inisiness of the (ieneral Conference as recognized 
 h\ this Church, and to preserve inviolate the jujpular will of the mem- 
 bership of the Church, do ordain this Constitution: — 
 
 ARTICLE I. 
 
 Sec. 1. All ecclesiastical i)ower herein granted, to enact or repeal any 
 rule or rules of discipline, is vested in a general conference, wliich shall 
 consist of elders and laymen elected in each annual conference district 
 throughout the Church. The number and ratio of elders and laymen, 
 and the mode of tiieir election, shall ])e determined by the General 
 Conference. 
 
 PmvklM, however, that such elders shall have stood as elders in the 
 conferences wliich they are to represent for no less time than three years 
 next preceding the meeting of the General Conference to which they are 
 elected ; and that such laymen shall be not less than twenty-five years 
 of age, and shall have been members of the Church six years, and mem- 
 bers in the conference districts which they are to represent at least three 
 years next preceding the meeting of the General Conference to which 
 they are elected. 
 
 .Sec. 2. The General Conference shall convene every four years, and a 
 majority of the whole numl)er of delegates elected shall constitute a 
 (|uoruiii. 
 
 .Sec. ;>. The ministerial and lay delegates shall deliberate and vote 
 together as one body ; but the General Conference shall have power to 
 provide for a vote by separate orders whenever it deems it best to do so; 
 and in sncli cases the concurrent vote of ])oth orders shall be necessary to 
 complete an action. 
 
 .Sec. 4. The General Ctmference shall, at each session, elect bishops 
 from among the eMers throughout the Cliuicli who have stood six years 
 in that capacity. 
 
 Sec. 5. The bishops shall be members c.f o//inV) and presiding officers 
 of the General C'onference; l)ut in case no l)ishop be pre.sent, the confer- 
 ence shall choose a i)resident pro temjmir. 
 
 Sec. G. The General Conference sliall determine tlu> number and 
 boundaries of the annual conferences. 
 
 Sec. 7. The Cieneral Conference shall have jMjwer to review the rec- 
 ords of the annual conferences, and sei- that the business of each annual 
 conference is done strictly in accordance with the nisciplinc, and approve 
 or annul, as the case may require. 
 
 •Sec. cS. The (ienerii! Conference siiall Ikix'c full control of The I'nited 
 
17 
 
 Brethren Printing Establishment, The Home, Frontier, and Foreign 
 Blissionary Society, The Church-Erection Society, The General Sabbath- 
 Sciiool Board, The Board of Education, and Union Biblical Seminary. 
 It shall also have power to establish and manage any other organization 
 or institution within the Church which it may deem helpful in the work 
 of e\'angelization. 
 
 Sec. 9. The General Conference shall have power to establish a court 
 of appeals. 
 
 Sec. 10. The General Conference may — two-thirds of the members 
 elected thereto concurring — jjropose changes in, or additions to, the Con- 
 fession of Faith; p;'0(;/(if(7, that the concurrence of three-fourths of the 
 annual conferences shall be necessary to their final i-atitication. 
 
 ARTICLE TI. 
 
 The General Conference shall have power, as provided in Article I., 
 Section 1, of this Constitution, to make rules and regulations for the 
 Church ; nevertheless, it shall be subject to the following limitations and 
 restrictions : — 
 
 Sec. 1. The General Conference shall enact no rule or ordinance 
 which will change or destroy the Confession of Faith ; and shall estab- 
 lish no standard of doctrine contrary to the Confession of Faith. 
 
 Sec. 2. The General Conference shall enact no rule which will destroy 
 the itinerant plan. 
 
 Sec. 3. The General Conference shall enact no rule which will deprive 
 local preachers of their votes in the annual conferences to which they sev- 
 erally belong. 
 
 Sec. 4. The General Conference shall enact no rule which will abolish 
 the right of appeal. 
 
 ARTICLE III. 
 
 Sec. 1. We declare that all secret ci;)mbinations which infringe upon 
 the rights of those outside their organization, and whose principles and 
 practices are injurious to the' Christian character of their members, are 
 contrai'y to the Word of God, and that Christians ought to have no con- 
 nection w'ith them. 
 
 The General Conference shall have power to enact such rules of disci- 
 pline with respect to such combinations as in its judgment it may deem 
 proper. 
 
 See. 2. We declare that human slavery is a violation of human rights, 
 and I'ontrary to the word of God. It shall therefore in no wise be tole- 
 rated amouii' us. 
 
18 
 
 ARTICLE IV. 
 
 The rijiht, title, interest, and claim of all jnoperty, both real and i)er- 
 sonal, of whatever name or description, obtained by purchase or other- 
 wise, by any jierson or persons, for the nse, benefit, and behoof of the 
 Churcli lit' the Ignited Brethren in Christ, are hereby fully recognized, 
 ami held to vt-st in the Cliurch aforesaid. 
 
 ARTICLE V. 
 
 Sec. 1. Amendments to this Constitution may ])e proposed l)y any 
 General Conference, — two-thirds of tlie mem])ers elected thereto concur- 
 ring, — which amendments shall be submitted to a vote of the meml)ership 
 throughout the Church, under regidations authorized by said Conference. 
 
 A majority of all the votes cast ui)on any su})mitted amendment shall 
 be necessary to its final ratification. 
 
 8ec. 2. The foregoing amended Constitution shall be in force from and 
 after the first Monday after the second Thursday of May, 1S89, upon 
 official i)roclamation thereof by the Board of Bishoi)s; ■prorided, that the 
 General Cijuference elected for 1889 shall be the lawful legislative body 
 under the amended Constitution, with full i)ower, until its final adjourn- 
 ment, to enact such rules as this amended Constitution authorizes. 
 
 I further tiiul tliat the Chureli Coiiiniissu)ii established a 
 ])laii of subinij^sion of the proposed revised Confession and 
 amended Constitution to a vote of the members of the 
 Church, in which it was pi'ovided, 
 
 First. Tliat the Confession of Faith as a wliole should 
 be submitted to a vote of the Church, those favoring its 
 adoption to have written or printed upon their ballots the 
 words, " Confession of Faith, Yes"; those opposed to its 
 ado[ition to have written or printed upon their ballots the 
 words, "Confession of Faith, No," 
 
 Second. That the amended Constitution as a whole 
 should be submitted to a vote of the Church members, 
 with the following exceptions: Article I., in so far as it 
 related to lay delegation in the General C-onference, to be 
 voted ii[tou se})arately; those favoring its adoption to have 
 
19 
 
 written or printed on their ballots the words, "Lay Dele- 
 gation, Yes"; those opposed, the words, "Lay Delegation^ 
 No"; also, Section 1 of Article IIL to be submitted sepa- 
 rately, those favoring its adoption to have written or 
 printed upon their ballots the words, " Section on Secret 
 Combinations, Yes"; those opposed, the words, " Section 
 on Secret Combinations, iS^o"; those favoring the adop- 
 tion of the remainder of the Constitution to have written 
 or printed on their ballots the words, " Amended Consti- 
 tution, Yes"; those opposed, the words, " Amended Con- 
 stitution, No." It was further provided that the vote 
 should be taken during the month of November, 1888, and 
 that the pnblishing agent at Dayton, Ohio, should furnish 
 eacli presiding elder, three months before the time of vot- 
 ing, the necessary number of tickets and return blanks; the 
 presiding elder to distribute them to the pastors in liis 
 district, and the pastors to disti'ibute them in proper cpum- 
 tities to their several societies at least ten days' before the 
 time of voting. The [)astor, leaders, and stewards of each 
 society were constituted a Local Board of Tellers, and it 
 was made their duty on the day of voting to enroll the 
 names of all who voted, and to receive no votes except 
 those presented in })ei'son by the members on the day fixed 
 for voting by the Local Board of Tellers, except that where 
 a member was incapacitated by age or sickness to attend^ 
 or a minister be absent on his charge, such persons were 
 permitted to send their ballots, with their names signed on 
 the back thereof. Tlie list of voters was required to be 
 preserved for one year, and it was made the duty of each 
 Local Board of Tellers immediately to make a full report 
 
20 
 
 of the vote taken, on a blank provided for this purpose, to 
 its Annual Conference Board of Tellers, who were to be 
 elected bj each Annual Conference at the session next 
 preceding the time of voting; and these Annual Conference 
 Boards of Tellers were required to receive the returns from 
 the Local Boards of Tellers in the bounds of the Confer- 
 ence, and to count and transmit a full and accurate report 
 of the same, on blanks provided, to the General Board of 
 Tellers on or before January 1, 1889. Provision was also 
 made in cases where tlie presiding elders or Annual Con- 
 ferences neglected or refused to compl\' with instructions. 
 A General Board of Tellers, consisting of seven persons, 
 was constituted at Dayton, Ohio, whose duty it was to 
 receive the reports from the Annual Conference Boards of 
 Tellers, and to count and make a full and accurate report 
 of the same to tlie Board of Bishops not later than the 
 15th day of January, 1889. The Board of Bishops were 
 directed to prepare a letter addressed to the Church on the 
 work of the Commission, to be published through the 
 Religious T'elescope — the official organ of the Church — and 
 otherwise, which was done in Januarj-, 188G, and the 
 Bishops' Address, accompanied by the Commission Act, 
 Plan of Submission, and pro[)Osed Confession and Consti- 
 tution, were distributed generally throughout the Church 
 immediately thereafter. 
 
 I further find that during the month of Xovember, 1888, 
 the vote was taken in all res[)ects as provided for in said 
 I'lan of Submission, and Hint the votes were counted and 
 canvassed by the several Boards of Tellers, as therein }iro- 
 vided, and the result of the vote was dcclai'ed bv the Gen- 
 
21 
 
 eral Board of Tellers on the 15th day of January, 1889^ 
 and said result was published in the Religious Telescope 
 on the 23d day of Januar}^, 1889; said result being declared 
 to be as follows: — 
 
 For the Confession of Faith 51,070 
 
 Against the Confession of Faith .">,olO 
 
 For the Amended Constitution 50,685 
 
 Against the Amended Constitution 3,059 
 
 For Lay Delegation 48,825 
 
 Against Lay Delegation 5,034 
 
 For Section on Secret Combinations 46,994 
 
 Against Section on Secret Combinations 7,298 
 
 That the total number of votes cast for and 
 against the several propositions was 54,309 
 
 I further find that the enrolled membership of the Church 
 in 1888 was 204,517, said enrollment being made by the 
 preachers of the Church under a disciplinary law, and 
 that at the election, held in l^ovember, 1888, 
 throughout the Church for delegates to the General Con- 
 ference of 1889, at which election all the members' of the 
 Church, without regard to age or sex, were entitled to vote, 
 the total number of votes cast was 58,839. 
 
 I further lind that the proclamation of the vote as above 
 stated was agreed upon and signed at Chambersburg, Penn- 
 sylvania, May 6th, 1889, by all the bishops of the Church 
 except one, who was present but declined to sign; and that 
 the same was published in the official organs of the 
 Church, as required in the plan of submission adopted by 
 the Geueral Conference. 
 
 I further find that a General Conference of the 
 Church, composed of delegates duly and regularly 
 
22 
 
 elected uiuler the hiws, rules, and regulations ot the 
 Cliurch, met at the York Opera House, in York, Penn- 
 sylvania, on Thni-sday, May 9th, 1889; that on the 
 second day of the Conference, the Chui'ch Commission, 
 which had heen established by the Ceneral Conference 
 of 1885, as above found, submitted to the Conference a 
 report of the work done by it in connection with the 
 amended Constitution and revised Confession of Faith, 
 embodying in said report the said Constitution and 
 Confession of Faith, the phm of submission, and the 
 action and vote of the members of the Church u[)on 
 the several prt)p()sitions submitted as above found. This 
 report was referred to a special committee of seven, 
 with insti-uctions to report to the Conference whether 
 tiie Commission had acted in compliance with the in- 
 structions of the General Conference, and whether the 
 vote had been orderly and regular ; and also to recom- 
 mend to the Conference such action as might bo 
 deem«d proper to be taken in the premises. Five 
 members of this committee, on Saturday, Ma}' 11th, 
 1889, submitted to the Conference a report commending 
 and approving the work of the Commission, and rec- 
 ommending the adoi)ti()n of the following resolutions: — 
 
 Rcsolrcd, By tlic (u'lu-ral Conlfrciice of ihv Clmicli >>( tlic rnitt'd 
 ]'>rethn'ii in C'lirist, in qnadivnnial session asseuiblcHl in the city of Yorlv, 
 Pennsylvania, JMay 9, l.SS!), that the reconleil i)r()t'i'e(lings of the Connnis- 
 sion, inclndiii',' tiic revised Confession of Faith and amended Constitution, 
 as fornndated and sul)niitt('<l to the vote of the Churcii, tojrether with tiie 
 methods of suhnussion and all utlici- acts hy which the will of the 
 Church was ascertained thereon arc lu rcliy approvetland conlirmeil. 
 
 2. That ])ecausc of the truth that the revised Confession of Faith and 
 amended Constitution as a whole, and all the s(>))arate pro])ositions 
 
23 
 
 thereof, submitted to the meinber.ship of our Chureli, have l)een adopted 
 by more than the required two-thirds of all the votes cast thereon, as 
 required by the General Conference of 1885, it is hereby declared and 
 published by this Conference, and for itself, that the said revised Con- 
 fession of Faith aiid amended Constitution, as framed and submitted by 
 the lawfully constituted Commission of the Church, are become the 
 fundamental belief and organic law of the Church of the United 
 Brethren in Christ, and will Ije in full force and effect on and after the 
 13th day of May, A. D. 188!), upon tlie proclamation of the bishops as 
 provide<l and onlered in said amended Constitution. 
 
 A minority re[)ort, signed by two members of the com- 
 mittee, was also submitted to the Conference, reciting- that 
 the course of the Church Commission liad been irregular 
 in certain particulars therein specitied, and suggesting that 
 the General Conference submit such amendments of the 
 Constitution to the vote of the people as it might deem 
 wise and prudent, which should be regarded as a petition 
 for such proposed changes. The report of the majority of 
 the committee was ado[)ted upon a roll call by a vote of 
 110 for to 20 against it. 
 
 I further find that on the 13tli day of M;iy, 1889, 
 there was published in the Religious telescope the proc- 
 lamation of the Board of Bishops signed by J. Weaver, 
 J. Dickson, N. Castle, E. B. Kephart, and D. K. Flick- 
 inger, duly qualified and acting bishops of the Chui-ch, 
 publishing and proclaiming the result of the vote of 
 the Church, in accord with the provisions of the 
 General Conference of 1885, said result being as above 
 found and set forth; and announcing further that the 
 result o said vote being the required two-thirds, 
 they did thereb}' publish and proclaim the document 
 thus voted to be the Confession of Faith and Consti- 
 
24 
 
 tution of the Church of the United Brethren in Christ, 
 and stating further that " We hereby pass from under 
 the old, and legislate under the amended Constitution." 
 
 I further lind that the regular publication day of the Re- 
 ligious Telescope would have occurred on the loth day of 
 May, 1889, but that said paper was published for that week 
 on the 13th of May. 
 
 1 further find that the proclamation of the Board of 
 Bishops was read in the General Conference of the Church 
 on said 13th day of May, 1889. 
 
 I further lind that on Monday, May 13th, 1889, after the 
 proclamation of the Board of Bishops had been read to 
 the General Conference, fifteen of the twenty members 
 who had voted against the adoption of the report of the 
 committee as above found, and who had, u[) to this 
 time, been participating in the deliberations of the body, 
 withdrew from the York Opera House, where the General 
 Conference was then being held, and met in a body at the 
 Park Opera House in said city of York, and after organ- 
 izing, adopted a paper, which stated, in substance, that in- 
 asmuch as one hundred and ten of the delegates and mem- 
 bers of the General Conference did, on INIay 11th, 1889, 
 vote to adopt a new Constitution and Confession of Faith, 
 and did, on the 13th day of May, 1889, through the pre- 
 siding bishop declare the same in force, thereby forming a 
 new Church, therefore they were declared to have thereby 
 vacated their seats as members of the General Conference 
 of the Church of the United Brethren in Christ. Daily 
 sessions of this body were held until the following Satur- 
 day, when it adjourned sine die. It transacted business 
 
25 
 
 pertaining to the aftairs of the Church, claimed to be the 
 true General Conference of the Church, and declared its 
 adherence to the old Constitution and Confession of Faith, 
 The persons composing it, and those acting with them, 
 have since been known and designated as "Radicals." 
 
 I further find that after the withdrawal of these mem- 
 bers, as above found, the Conference which had been in 
 session at the York Opera House continued its sessions 
 each day until Tuesday, May 21st, when it adjourned sine 
 die; that it adopted a resolution reciting that, whereas, 
 certain delegates — naming them — had actively participated 
 in the proceedings of that body from its organization to 
 the close of its third day's session, and had tlien vacated 
 their seats and joined in the formation of another church 
 organization, outside and separate and apart from the place 
 properly and officiall}' occupied by the lawfully elected Gen- 
 eral Conference of the Church, therefore resolved, that the 
 aforesaid persons w-ere declared as having irregularly with- 
 drawn from that bod}^ and the Church, and were, in view 
 of these facts, no longer ministers or members of the 
 Church of the United Brethren in Christ. It also adopted 
 certain rules concerning insubordination of members of 
 the Church, and transacted other business pertaining to 
 the Church. This body, and those acting with it, have 
 since been knowni and designated as "Liberals." 
 
 I further lind that there were presented to the General 
 Conference of 1889 petitions from forty-one conferences of 
 the Church, the names thereto aggregating 16,282, asking 
 the General Conference not to make any change in the 
 Constitution and Confession of Faith; that said petitions 
 
26 
 
 liad been in circulation about tliree years, and at the time 
 thej were presented to the General Conference they con- 
 tained the names of some persons who were not members 
 of the Church in good standing, and the names of persons 
 wlio voted for the amended Constitution and revised Con- 
 fession of Faith, 
 
 I furtiiei- find that those designated as "Radicals" have, 
 since the General Conference of 1889, adhered to the old 
 Constitution and Confession of Faith, and rejected the 
 amended Constitution and revised Confession of Faith; that 
 those known and designated as "Liberals" accept the revised 
 Confession of Faith and amended Constitution, and have 
 been, since that time, acting thereunder and in conformity 
 therewith. 
 
 I furthoi- find that since the General Conference of 1889, 
 the doctrines and beliefs of the Church, preached from the 
 pulpits and taught in the Sunday-schools of the Church b}^ 
 both "Liberals" and "Radicals," have not been ditlerent in 
 any respect from the doctrine preached or taught before 
 said Conference was held. 
 
 That the amended Constitution and revised Confession 
 of Faith have been lawfully adopted by the General Confer- 
 ence of the (Jliui-(;h, and by the requisite number of mem- 
 bers of tiie Church, in good faith, and that they constitute 
 the true Constitution and Confession of Faith of the Church 
 of the United Brethren in Christ. 
 
 That the new, or revised, Confession of Faith is not un- 
 Rcriptural or antagonistic to the doctrines, creed, faith or 
 belief of I he Church which existed at the time of the exe- 
 cution of the deed to tlie land in controversy, and since 
 
27 
 
 that time have existed; and that there is no substantial or 
 essential ditierence between the old Confession of Faith and 
 the new or revised Confession of Faith. 
 
 I further find that the plaintiffs in this ease have been 
 duly elected trustees in all respects as required by the 
 rules and regulations of the Church, and that they and 
 each of them accept the amended Constitution and revised 
 Confession of Faith, and claim to be acting tiiereunder and 
 in harmony therewith. 
 
 That the defendants have been duly elected trustees in 
 all respects in conformity to the rules and nsages of the 
 Church, but that they adhere to the old Constitution and. 
 Confession of Faith, and reject the amended Constitution 
 and revised Confession of Faith; and that when this suit 
 was brought, they were in possession of the property in 
 controversy, and were denying the plaintifis' right to the 
 possession thereof or the use of the same, and were exclud- 
 ing the plaintifis from the possession and use thereof. 
 
 Upon the facts above found, I state the following as my 
 conclusions of law: I conclude that the law is with the 
 plaintiffs, and I find. for the plaintifis. 
 
 Remark. — The case at Richmond was first argued on demurrer in No- 
 vember, 1889, before Judge D. W. Comstock, of the Wayne Circuit Court, 
 who heard the case only upon the facts as claimed to exist by the 
 seceders and on such statement overruled the demurrer. The plaintiffs, 
 not being ready for trial when the case came on for hearing, dismissed 
 the case without prejudice, and refiled their petition at once. 
 
 After repeated postponements, the full trial began at Richmond, June 
 23d, 1890, before Judge E. H. Bundy, of the Henry Circuit Court. The 
 
28 
 
 presentation of the testimony and documentary evidence occupied ten 
 full days, and the arguments three days, the trial closing on the 11th 
 day of July. The Judge held the case under advisement until December 
 1st, when, in the presence of representatives of both parties, he handed 
 down his decision. 
 
 Numerous witnesses on both sides were examined, including bishops, 
 publishing agent, editors, professors, and ministers, and there were in- 
 troduced depositions of prominent men outside the denomination. 
 The evidence presented was as full and exhaustive as could reasonably 
 be required, and the decision is on the merits of the case. 
 
 The plaintiffs were represented by Hon. L. B. Gunckel and Hon. J. A. 
 McMahon, of Dayton, B. F. Witt, of Indianapolis, and Judge J. F. 
 Kibbey, of Richmond. The counsel for the defendants were Hon. AVm. 
 Lawrence, of Bellefontaine, Ohio, Geo. R. Young, of Dayton, and T. J. 
 Study, of Richmond. 
 
/ 
 
PHOTOMOUNT 
 PAMPHLET BINDER 
 
 Man»tfadtu*td iy 
 
 CAYLORO BROS. In*. 
 
 Syrscuta, N. Y. 
 
 Stockton, Calif. 
 
 DATE DUE 
 
 
 
 
 
 A^' 
 
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 \\' 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 HIGHSMrrH#^ 
 
 t5230 
 
 
 Printsd 
 In USA 
 
BX9875.A513 
 
 Decision of Judge Eugene H. Bundy in the 
 
 Princeton Theological Seminary-Speer Library 
 
 •^?S" 
 
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