Appeal by defendants from the Circuit Court of Macon county;
the Hon. MARTIN E. MORTHLAND, Judge, presiding. Heard in this
court at the October term, 1951. Affirmed. Opinion filed November
6, 1951. Released for publication December 3, 1951.
MR. PRESIDING JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT.
This is an appeal from a decree of the circuit court of Macon county based on the recommendations of a master, which made permanent a temporary injunction issued against defendants.
The plaintiffs, the Church of God of Decatur, Illinois, a religious corporation, Vernon Spaar, Orville Spencer, and Willard Hake, as Trustees, as individuals and as members of the church, and seven other members of the congregation on behalf of all other members of the congregation similarly situated brought this action to enjoin the defendants, W.G. Finney and his wife as pastor and associate pastor, from serving as such, from controlling church property and participating in the business and affairs of the congregation, and also to restrain them and their sixteen co-defendants from interfering with the plaintiff trustees in the possession, control and management of church property.
The gist of the complaint is that the by-laws of the Church of God of Decatur, a local church of the Church of God, which has national offices at Anderson, Indiana, provide that the doctrines and practices of the church are to be in harmony with the standard of God's Word held by the General Ministerial Assembly of the Church of God; that in November 1949, the Illinois State Ministerial Assembly of the Church disfellowshipped Finney; that, under the customs of the Illinois Ministerial Assembly, a church having a minister who is not in good standing is out of fellowship with the General Ministerial Assembly; that thereafter Finney continued to act as pastor and, with the other defendants, organized a congregation not in fellowship and doctrinal unity with the General Ministerial Assembly; and that the defendants have denied the individual plaintiffs and all other members of the congregation similarly situated the right to worship in the church building in accordance with the usages of the Church of God and the right to have a minister in fellowship with the General Ministerial Assembly.
In addition, there were allegations as to the real property belonging to the church and which had been conveyed to the plaintiff trustees for church use so long as the local church maintained doctrinal unity with the General Ministerial Assembly; if the property falls into disuse, or, if, in the opinion of the General Ministerial Assembly, the local church is no longer in unity with the Church of God, as represented by the General Ministerial Assembly, the property shall vest in fee simple in the Board of Church Extension and Home Missions of the Church of God, Anderson, Indiana.
Defendants, answering, denied that the original by-laws were in force and effect or that plaintiffs Spaar, Spencer and Hake were still trustees of the church and averred that the Illinois Ministerial Assembly had no authority to disfellowship Finney; that the original by-laws were revoked and plaintiff trustees were removed in December 1949; that the new by-laws omitted all reference to the standard of God's Word held by the General Ministerial Assembly; and that new trustees had been selected to replace the plaintiff trustees. Further allegations were made to the effect that the property was that of the new church and that any restrictions placed in the deeds were void for remoteness and uncertainty.
The master found, and his recommendations were adopted by the court in its decree, that the corporate plaintiff had been in existence since 1916 under by-laws which provided that the doctrines, customs and practices of the church are expected to harmonize with the standard of God's Word held by the General Ministerial Assembly of the Church of God; that under the by-laws the trustees were empowered to conduct the business of the church; that the by-laws provide that the pastor could call a meeting of the congregation at which only voting members were to be allowed in the voting section.
The master further found that the deeds were in substance and form as alleged in the complaint; that the General Ministerial Assembly is comprised of all ordained ministers of the Church of God in good and regular standing who are present at the regular meeting of the Assembly; that the constitution of the General Ministerial Assembly provides that its purpose is to determine general policies for the conduct of the general business of the church and to promote the work of the church; that, according to its constitution, the General Ministerial Assembly shall be regarded as a voluntary association of ministers meeting for counsel but without the power to exercise ecclesiastical jurisdiction over the church or individual congregation in general.
The master also reported that the Illinois State Ministerial Assembly is comprised of all ordained ministers of the Church of God in good and regular standing, and that its constitution provided that its purpose was to determine the general policies to be followed in promotional work and to conduct such other business as the needs of state work might require; that the constitution also provided that the State Ministerial Assembly shall be regarded as a voluntary association meeting for counsel and having no ecclesiastical authority but retaining the right to define its own membership and to declare when individual ministers and congregations are not recognized by the Assembly as adhering to the general principles to which the Assembly is committed.
Further reporting on the church organization, the master found that similar language was contained in the constitution of the Central Illinois Ministerial Assembly.
The master also found that in the Church of God there is no final ecclesiastical authority, each congregation being autonomous; that in the exercise of its powers expressed in its constitution the Illinois State Ministerial Assembly on November 16, 1949, disfellowshipped Finney and, because Finney did not appeal to the General Ministerial Assembly he is regarded as being out of fellowship with it; that after Finney was disfellowshipped, he called a meeting of the congregation for the purpose of revoking the old by-laws and the passing of new, and the vacation of all offices of the church except that of pastor; that at said meeting Finney restricted the voting to only those members of the congregation who followed him and prevented all others from casting their vote; and, in fact, did not call for contrary votes; that the new by-laws adopted at this meeting no longer provided for the harmonization of the doctrines, customs and practices with the standard of God's Word held by the General Ministerial Assembly, but were changed to provide: "These doctrines and customs and practices are expected to harmonize with the Word of God."
The master found the equities to be with the plaintiffs declaring that the meeting held upon the call of Finney was not an ecclesiastical matter and was not conducted according to law or to the by-laws of the church; that the rights of the individual members of the church were infringed in that they were not all given the opportunity to vote on any proposition at the meeting called by Finney; that some were denied the right to speak at said meeting; that the new by-laws were not passed by three quarters vote of the membership as required by the by-laws in effect at said meeting; and that the proposed by-laws were not read publicly as required by the by-laws then in force.
The master reasoned that the actions of the defendants amounted to a disassociation of Finney and his followers from the Church of God and the standards of its General Ministerial Assembly.
The defendants urge that the sole question in this cause is the determination who shall be pastor of the Church of God of Decatur, Illinois. In support of the theory that the pastor shall be the defendant Finney, they argue questions of fact relating to the propriety of the disfellowshipping of Finney, the sufficiency of the evidence with regard to the actions incidental to the bringing of this suit, the sufficiency of the evidence as a whole to support the decree, and the failure of the ...