PRESBYTERIAN SYNOD

Otago Daily Times, Issue 14926, 31 August 1910, Page 5

PRESBYTERIAN SYNOD

AN ABORTIVE SITI'INO. A -special mualing o( the Vwl>ji*vi»« Synod, which lasted a portion <'•! dny morning and afternoon, «9.-k uufortunatoly, not productive of tho towMtum of any actral business, owing h> it bsiiiK illegally constituted. Ti»j> Mcelius' W been petitioned for by ministers ami tjliltw at the request of the combined (vmmitttv* of the Womens' Training Institute. iiihl the Duncdin Presbytery's ljoslol Committee, to deal will) the following litlsilU'iw: — In view of the failure of the negotiations in ro tho selling of flic college iimuso with the Otago Presbyterian Church Hoard of Property, owing to legal difficulties, tho Synod to reconsider tho matter dealt with in tho minutes of hist, Synod, dated March 23, 1910. To consider tho relationih\\i of the Synod to tho Theological College Committee and tho Council of Knox College of the 'General Awombly, and t-ako eucli stap3 as may bo doomed nece«-ary to ciiablu those committees to do their work connected with His college. To receive tho report of tho committee appointed in conncct;o» with the General Assembly's tiro insurance s-mome, and to consider tho forming of nn interim act in order to Give; effect to tho resolution theroanent on March 23. 1910.

Tho .Moderator (tho Rev. William Wright) mentioned that ho had received a. petition signed by ministers and oklors concerning the matters stated.

Tho Rev. Mr Borrio moved:—" That tho conduct of tho Moderator in calling tho. rosctinjr be approved of. The Rev. P. B. Fraser said tho calling of a pro ro nata meeting for a special purpoa was a very unusual proceeding, and, from tho fact that tho Synod was ccai-tcrnl from Waitaki to the' Bluff, it required that the business should bo of most urgent importance. Tho circular calling tho meeting was not in accordance with what should have been sent out. It did not stato clearly the nature of the business to bo brought before the Synod. Further, in connection with calling a ■meeting- like that to deal with important matters ho. would draw attention to tho attendance present. It was _to . all intents and purposes a meeting of tho Duncdjn Presbytery with such other ministers as might ba sufficiently intoroskd in tho subject to attend. But he had a more fatal objection than those to advance. The documents sent to tho Moderator contained worthy names, but thoy wero of no value, and the Moderator had no authority to call tho meeting' under the document The Otago Synod was a body that had its own laws, and those laws worn tho laws in existence when tho Otago Synod was united with the Northern Church, and the laws of the Otago Synod were tho laws by which the mooting could be called. Ho then read a regulation, and said that until it was altered tho Synod was a supreme body by tho effect of law, and he would show them that they had no right to call that meeting pro re nata at tho mere instance of individuals. He then read another regulation, which, ho said, limited tho power of the Moderator not to call a meeting at tho requtst'of individuals, but at the request of a" Presbytery of tho Church. The Moderator was not. even then required to call a meeting. That was the law of the Otago Synod, and it would be perilous in tho. extreme, and would create some trouble, if,- because individuals wished to proceed along certain lines, they wero permitted to override the express law of the Church. He therefore submitted that there was no authority to hold a meeting of Synod.until it was duly called by process of law of tho Church. He merely wished to show tha invalidity of the meeting. It was _ for tho Moderator to 6how his authority, and show that the meeting was valid.

Tho Moderator said ho went by the Book of Ordor of tho Presbyterian Church book under which they were working.

. Air Irasar repeated that .the meeting .was invalid, and it was for the Moderator to take tho responsibility' and say whether It had been validly called. He submitted that if this had been brought under the notice of tho Moderator at tho time ho could have said. "You must get a Presbytery to call tho meeting. It was for the Moderator to say whether he had not been misled' by tho petition presented to him. The Rev. Mr Scorgie asked if they could not, deal, with the insurance fund, if not with trust funds. Tho R £V . Mr Cameron said Mr Fraser's reading of the law was extraordinary. Surely, they were bound by the Book of Order of tho whole Church. After somo discussion Mr .Fraser (sug-gested'-that the meeting' should be adjourned, to that tho jogal advisers of the Uurch might be consulted on the point, and ho moved that the Moderator, the Rev Mr Cameron, and himself consult the lawofficers of tho Church, and that tho Synod TCassemWo at 1.30. The Rov. Mr Kilpatrick raised the question as to whether the Moderator had power to adjourn the meeting. He was convinced that tho wholo meeting was illegal. ' Tho motion was agreed to. and tho Synod adjourned; On resuming at 1.30, the Moderator said no had to announce that, in accordance with tho resolution, they had been to see the legal advisers' of the Church (Messrs | Stewart and Payne), but unfortunately thev had both been out, but eventually they secured Mr Stewart. The oaeo was kid before him, and also the Book of Order, and they might- well imagine it was more completely represented on the ono side than sn„™5 n „™ .°, th «''- After the matter had been fully laid before Mr Stewart he had asked a numbor of questions, and said .he'had fairly well mado up his mind that he wanted a little while.to consider the whole question m all its bearings, and when lie (tho Mioderator) had come away the caso was not quite finished, and Mr Cameron and Mr Fraser had waited behind to carry it on. It was.suggested'that the matter of insurance, might be discussed pending the return pf Mr Cameron and Mr Fraser, and tho clerk of Synod (tho Rev. A. M. Finkiyson) read a letter from th© factor of the Church Board of Property in reference to the matter. The Rev. Mr Gumming said the committee had not been ablo to meet to consider any plan, but ho was going to make a recommendation, which, however, had not Mr Fraser's or Mr Porter's approval. At this stage Mr Cameron and Mr Fraser entered tho hall, and the clerk .road the solicitor's opinion that had been obtained, ill© salient portion of it road: "It seems to us clear that the effect of the act of union and agreement for union is to keen r.. S> ? ot, „ of C)l ?S° «•""' Southland as a distinct sell-contained entity for all purl poses regarding tho management and nd- , ministration of tho trust properties, and I that the rules in existence which controlled | the procedure of Syncd still exist. This v.iow. seems to us to bo borne but by considering tho effect of placing tho prowduro of tho Syncd in the hands of tho tmnoral Assembly for all purocses. In that event, it is obvious' that tho General Assembly nught make rules which would prohibit tho Synod from meeting except at the pleasure of the General Assembly, and effectually prevent it from carrying cut its functions as contemplated by tho union." .Mr Fraser moved that a. record of tho meeting bo taken, and that.tho Svnod adjourn.

The Rev. Mr Borrio said ho wished to know whether all the questions were ruled out of court.

Mi- Fraeor replied that thev had put tho whole of the aspect of the questions to tho solicitor, and ho had said it was controlled by tho Book of Practice. Ho had said it made no difference what business was brought boforo thoiu.

The Rev. Mr Dutton said he would move that the-Moderator leave tho chair. Thev " mf not i TOnstituto '-' in. a propar wav." Tho Clerk asked whether ho should read tho minutes.

Mr Fraser said he would move that a record of the prcceedines be kept, and that it be signed by the Moderator, and this was seconded by Dr Nicolson, Mr Fiwr remarking that it could be objected to wh.-ni it came up for confirmation. Tho motion was apparently agreed to, and Mr Borrie then made a statement as to some of the business that was to have be°n considered, which ho requested should lie regarded as private.