CHURCH & MINISTER.

Evening Post, Volume LXXVI, Issue 106, 31 October 1908, Page 5

CHURCH & MINISTER.

A QUEENSLAND CASE. COURTS FINDING. SUSPENSION ILLEGAL AND. .VOID. By Telegraph.— l'ress Association.— Copyright (Received October 31, 9.50 a.m.) BRISBANE, This Day. The Chief Justice delivered judgment in the case of the Rev. Dr. Frackelton against the Presbytery of Queensland and the General Assembly of the Presbyterian Church. He found that the Presbytery had acted harshly, unjustly, and injuriously against the plaintiff, whose suspension was illegal and void. The proceedings of the General Assembly he also declared void, and granted a mandamus against the General Assembly and ttip Presbytery in terms of the claim. Judgment was for plaintiff, with costs, in oil the proceedings. . The Rev. W. S. Frackelton, on the 19th April, 1907, issued a writ against the Right Rev. James Mac Queen and other members of the Presbytery of ■ Brisbane, alleging that the 'defendants intended to proceed upon certain resolutions and recommendations, and to move the General Assembly of the Queensland Presbyterian Church to dismiss him from his office as minister of the Ann-street Congregation, and to prejudically affect him in his office and status as a minister of the Presbyterian Church of Australia in the State of Queensland. The defendants pleaded amongst other things that a certain commission appointed by them to enquire into the affairs ( of • the Ann-street Congregation had recommended that, in view of the fact \ that there existed serious fiiction in the congregation, for which the Presbytery believed the minister to be mainly responsible, and being firmly convinced that a proper state of affairs was not likely to be brought about so long as ha remained ministei, that plaintiff be requested to place his resignation in the hands of the Presbytery ; that this report was duly received and approved, but the plaintiff did not comply with such recommendation ; and that the Presbytery had resolved to .report tho whole matter to the General Assembly, with a recommendation, that, taking a, conjunct view of all the circumstances, tho Assembly dissolve the pastoral tie then existing between the plaintiff and the Ann-street Congregation. On the 18th May, 1908, plaintiff issued another writ against the General j Assembly of the Queensland Church, and asked that the Assembly's action in declaring the charge of the Ann-street Congregation vacant was illegal, and that he be restored to his office as minister of that church. The defence was, shortly, that all acts and proceedings by the Ganeral Assembly in relation to plaintiff were within the powers and authorities of the courts ' of the church, and that plaintiff had been and was found guilty by the General Assembly of" acts of insubordination against the authority of the Church, and of violating his ordination vows in not submitting himself to the government and discipline established and practised in the said Church, and in not concurring in the same and in endeavouring to subvert the government and discipline of the Church.