MINISTER PRESBYTERY.

Dominion, Volume 2, Issue 508, 15 May 1909, Page 5

MINISTER PRESBYTERY.

FINDING FOR FORMER. (BT TEfcEGBiPH—FEESB ASSOCIATION—-CoI'TRIGITT.) Brisbane, May 14. The High Court has decided that tho Presbyterian Church authorities did not proceed in accordance with tho terms of the contract .between the Rev. Mr. Frackleton and the Church, and. that tho issue of a writ against the Church was not a broach.of .Mr.Frackleton's. ordination vows. . AN IMPORTANT CASE. The Rev, W. S. Praokloton issued a writ against thfe General Assembly of the land Church, alleging that the Assembly's - action in deolarmg tho charge of tho Ann Street congregation, vacant was illegal, and asked that no be restored to his office as minister of that ft™' -we Assembly pleaded that plaintiff had been guilty of insubordination and of refusing to submit himself to tho desciplino of the Church.- It was recognised, that the Court s decision would open up big possibilities as to .the relations of church government and tno civil law. . In his judgment,-the Chief Justice of Queens--1 P Presbytery exceeded its lawful powers, and acted, harshly, unjustly, ?w^? J h 10us y - l t ?J ards th ® Plaintiff. Ho thought tho plaintiff was : entitled to the dc?™w ol }i. i> for .- and : that ;liis action against the Presbytery was well founded. Tho suspension of the plaintiff was therefore'™ legal, and he declared it- null and void. Ho granted a mnnd&mus agaiist the General As- & P f osb l t " y in th ° terms of the olaim. Ho gaVo judgment for : the plaintiff with- costs of all. proceedings. . Gtay.of proceedings was granted pending the, present apnea! to the High. Court, which has decided in favour of Mr. Frackleton.