CHALMERS CHURCH.

Press, Volume L, Issue 14909, 24 February 1914, Page 2

CHALMERS CHURCH.

CONGREGATION DIVIDED.

INTERESTING TEST CASE

(srECIAL TO "THE "PRESS."') DUNEDIN. February 23. His Honour Mr Justice Sim sat at the Supremo Court to-day to hear an action brou_ht by John Jarnieson, who sought an order for tho removal of tho Deacon's Court from tho trusteeship of Chalmers Presbyterian Church for the substitution of other trustees, and for a declaration as to tho rights of the plaintiff and those in conformity with him as to the funds in the trust. The main points in the caso aro of exceptional interest. They affect the religious faith of members of .Chalmers Church, inasmuch as legal action was taken on the ground that during 1911 a considerable section of the congregation departed from a fixed mode of worship, sitting whilst prayer was being offered, and standing during the service of praise, it being contended by plaintiff and those in conformity with him- that praise could consist only of the Psalms and certain paraphrases of Scripture. The plaintiff's statement was, in effect, that the defendants, Chalmers Church, held a piece of land and building erected thereon, on the terms contained in a deed made on June 2oth. 1839. The deed provided that the Deacons' Court shall hold the land and the buildings for the use of tho congregation worshipping heretofore under the pastoral care of the Rev. James Murdoch Fraser, so long as the congregation held, and continued to hold."the Holy Scriptures as contained in the Old and New Testament, the Westminster Confession of Faith, and the Larger and Shorter Catechism as their standard, and shall practise nnd perform only tho form of worship then in use. The Deacons' Court were to manage and maintain tho land and building and to permit, _in the building, all such acts of religious worship as aro usually observed by congregations of tho Prksbvterian Church, provided always that there was no departure from tho mode -of worship practised by the congregation. In the event of any successful attempt being made in the congregation to introduce and teacli doctrines contrary to the standards, or to introduce innovations by tho introduction of hymns, instrumental music, or otherwise, the Deacons' Court shall hold the land, hereditaments, and premises, for the sole uso of thoso members of the congregation opposed to changes in doctrine and innovations, nil other members and adherents, ceasing to have any estate or interest whatever in the land, buildings, and hereditaments. In the event of no objection to changes in the mode of worship, or in tho event of the congregation becoming unable or unwilling to maintain with regularity the ordinances of religion, the Deacons' Court shnh, as coon as conveniently thereafter, sell the land and building, and after payment of all debts, divide tho proceeds of the sale, and all moneys belonging to the congregation, eouallv between the Foreign Mission of th'n Pre.sbvterian Church of Otago ,on<s Southland, and the Presny'terian Church of Xew Zealand. The plaintiff says that nart of the practice niul mode of worship consisted of standing whilst prayers were being offered, and sitting during the service of praise, which could consist only of the Psalms and certain paraphrases. TJim'hg 1911 a considerable section of the congregation made a departure (as already mentioned). The plaintiff has been a. member of the Church for fourteen yoars, and has always adopted the modo of worship laid down in the deed of trust. Ho requested tho dofendants to tako the necessary steps to secure compliance with the terms of the deed, but they failed or declined to take such steps. Plaintiff prays for an order that the defendants be removed from the trusteeship. The defendants, in their statement of defence, denied that part of the practice nnd mode of worship adopted by tho congregation consisted of standing while prayer was being offered up, or of sitting while engaged in the service of praise. They further denied that tha praise could consist only of the Psalms and certain paraphrases of Scripture. As to the allegation that a departure was made in 1911, the defendants said that tho departure was mado some years nrior to 1911, and that the congregation reverted in 1911 to the former practice of standing during prayers and sitting while singing during the service. The defendants had taken throughout all stens in their power to ensure the terms of the deed being compli"d with. Th* hearing of the caso will be resumed to-morrow.