THE MORNINGTON CASE. DECISION OF STANDING COMMISSION.

Waiapu Church Gazette, Volume V, Issue 6, 1 December 1914, Page 11 (Supplement)

THE MORNINGTON CASE. DECISION OF STANDING COMMISSION.

There cannot be said to be two or more parties practically interested m the question submitted herein. Inasmuch as a Vicar has been nominated and appointed to the Cure, the Churchwardens of the Parish do not apear to have any practical interest m the question submitted. The Standing Commission is expressly debarred from entertaining any question of interpretation unless such question be raised by two or more parties practically interested therein (see Title C Canon IV C. 9p. 391 General Synod Book 1913)- No decision which the Standing Commission can now give can have any practical bearing on the nomination of the Mornington Cure, or on any proceedings incidental to such nomination. * Assuming however that the question m this case is properly brought before the Standing Commission so that it can give a decisive interpretation of the Canon, then it appears to the Standing Commission: 1. That the purpose and scope of the Conference ordered by Title A Canon 11. C. 8 is to enable the Parish to express through its representatives its views as a Parish on all subjects m any way connected with the nomination of a Cleryman to such Parish. There is nothing m the Canon either expressed or implied which limits or is intended to limit the scope of the Conference, provided that the subjects brought before it are relevant to the said nomination of a Clergyman to such parish. In particular, and m the absence of express provision to the contrary, there seems to be no power conferred on the Bishop to forbid the introduction of the names of particular Clerygmen to the consideration of the Conference. 2. That the introduction of names • of particular Clergymen and the consideration of their qualifications at this meeting is not inconsistent with the Clauses which prescribe the subsequent selection and submission of names by the Board of Nomination to the Vestry. I certify that this and the preceding sheets bearing my signature are true and correct copies. CHAS. H. STATHAM Secretary to the Standing Commission. sth May 1 9 IN-

APPEAL TO THE STANDING COMMISSION : FROM CERTAIN PARISHIONERS OF ST. PAUL'S DUNEDIN. WE the undersigned registered and communicant members of the Church of the Province of New Zealand, members also of the subchapter of the Cathedral of St. Paul, Dunedin, elected by the congregation at the last annual meeting, do hereby appeal to the Standing Commission, under Title C. Canon IV. 11. on behalf of the Parishioners of the Parish known formerly as the Parish of St. Paul, Dunedin, and now known as the Cathedral District of St. Paul, Dunedin, for the relief from certain disabilities which the Parishioners of the said Cathedral District, are suffering under a statute passed by the Dunedin Diocesan Synod m the year 1894. In this said year of 1894 the Dunedin Diocesan Synod passed a Statute; viz. No. VIII, constituting a Cathedral and Chapter m and for the Diocese of Dunedin, by which Statute the Parish of St. Paul is declared "to cease to be a Parish" and the Parishioners are deprived of certain rights and privileges to which under the Canons of the General Synod they are entitled. It is with reference to them that we appeal. We recognise the right of a Diocesan Synod to constitute a Cathedral, and our appeal has no reference to the action of the Synod of the Diocese of Dunedin m constituting the Church of St. Paul, Dunedin, to be the Cathedral of the Diocese. We appeal solely against those portions of the Statute of 1 894 which deprive the Parishioners of the Parish of St. Paul, Dunedin, of the right to manage their own affairs. The portions of the Statute m question are for convenience of reference marked A(i), A(2), B(2) and C, and are as follows: A (1) "The Parish of St. Paul m the City of Dunedin, shall from and after the day on which this Statute shall come into operation cease to be a Parish." Statute VIII. 2. (2) "The Church of St. Paul shall no longer be a "Parish Church." Statute VIII. 2. B (1) "From and after the day on which this Statute shall come into operation the provisions of Statute No. 111, "The Regulation of Parishes Statute," 1888. . . . . shall cease to apply to the Cathedral Church and to. the Cathedral District hereby constituted." Statute VIII. 3. B (2) "From and after the day on which this Statute shall come into operation, the provisions. . . of Statute IV, "The appointment of Pastors Statute, 1889," shall cease to apply to the Cathedral Church and to the Cathedral District hereby constituted." Statute VIII. 3. ■ x C "The general management of the affairs of the Cathedral District and of the Chathedral Church, m eluding the management of property, the maintenance and erection of buildings, and the care of the furniture of the Cathedral Church, shall be entrusted to a Chapter." Statute VIII. 4. WE therefore appeal to the Standing Commission to declare the above named portions of the said Statute VIII — either all or part of them as the Standing Commission may decide— to be null and void, and to restore to the Parishioners of St. Paul, Dunedin, the rights and privileges to which under the Canons of the General Synod they a*e entitled.

SlGNED;— Richard James Barrett; Henry Thomas Green; John Earnest Joyce; Henry James West; John Wilson; George Russell Simpkin; George Edgar Moreton; Sydney Dunkley; Thomas Dundas Bonnar Paterson; William Thomas Milward; John Maclaren. DUNEDIN, July ;th 1914. DECISION. THE STANDING COMMISSION having considered the Appeal of certain Parishioners resident m the Cathedral District of St. Paul, Dunedin, finds:— 1. That the Cathedral Statute 1894 was passed by the Synod of the Diocese of Dunedin with the consent and co-operation of the Parishioners of the Parish of St. Paul, Dunedin. 2. That by such Act the said Parish ceased to be a Parish and ipso facto became a Parochial District. 3. That the action of the Synod mso changing the status of the said Parish m the circumstances was not repugnant to any provision of the Constitution or of any Canon of The General Synod but was within the powers of the Diocesan Synod under Clause 20 of the Constitution. 4. That as a Parochial District there were no rights inherent m such District under the Canons of the General Synod save that of representation m the Diocesan Synod which representation such District has retained. 5. That as applicable to a Parochial District there was nothing m the Cathedral Statute . (1894) which was repugnant to any provision of the Constitution or of any Canon of The General Synod. On these grounds the Standing Commission dismisses the Appeal. C. CHRISTCHURCH, Chairman. Ist September, 1914. I certify that the above is a true and faithful copy. : CHAS. H. STATHAM, Secretary to the Standing Commission. Dunedin, 12th September, 1914. Election of Standing Committee. — On a ballot being taken the following clergy were elected: — Yen. Archdeacon Williams, Yen. Archdeacon Ruddock, Canon Mayne, Canon Tuke and the Rev. J. B. Brocklehurst. The President declared the above duly elected, together with the Laity nominated. Social Evil.— Rev. J. Hobbs moved, "That his Lordship the Bishop be respectfully asked by this Synod to consult with such of the clergy, medical •practitioners and other gentlemen as he may think right, so as, if possible, to organise a systematic and educative crusade against the terrible prevalence of venereal disease which has recently been brought to light." The resolution, seconded by Dr. E. A. W. Henley, was unanimously carried. 'Notices of motion having been given the S»ynojd adjourned.