Brooks v. Chinn

52 So. 2d 583, 1951 La. App. LEXIS 714
CourtLouisiana Court of Appeal
DecidedMay 21, 1951
DocketNo. 19600
StatusPublished
Cited by11 cases

This text of 52 So. 2d 583 (Brooks v. Chinn) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. Chinn, 52 So. 2d 583, 1951 La. App. LEXIS 714 (La. Ct. App. 1951).

Opinion

McBRIDE, Judge.

This injunction suit involves the internal affairs of the Peoples Methodist Episcopal Church of New Orleans (also called Peoples Methodist Church of New Orleans), which is located at the corner of Loyola Avenue and St. Andrew Street. The plaintiffs, who are Robert N. Brooks, bishop of the New Orleans area of The Methodist Church, Amos N. Taylor, the alleged pastor of the Peoples Methodist Episcopal Church of New Orleans, W. Talbot Handy, district superintendent of the New Orleans district of The Methodist Church, together with two other persons, brought the suit against W. Scott Chinn, who claims to be pastor of the Peoples Methodist Episcopal Church of New Orleans, and eleven officers and members of the Board of Trustees, seeking to enjoin Chinn from acting as pastor, and prohibiting him from interfering with the duties, powers, functions, and prerogatives of Amos. N. Taylor, and prohibiting the other defendants from acting as officers or members of the Board of Trustees, and from hindering and interfering with the duties, powers, functions, and prerogatives of Amos N. Taylor as pastor, and from interfering with the control and management of said church in other enumerated particulars.

The matter came on for trial on the rule nisi for a preliminary injunction, at which numerous witnesses testified and many documents were introduced in evidence. The judge a quo issued a preliminary injunction against all defendants as prayed for, and they have appealed.

It is conceded that the Peoples Methodist Episcopal Church of New Orleans is amenable to the “Doctrines and Discipline of the Methodist Church,” 1948, and that the Louisiana Conference Central Jurisdiction of The Methodist Church is the parent association or governing body of'The Methodist Church in Louisiana.

At the regular annual session of the Conference held November 2 through 7, 1948, at Lake Charles, Louisiana, a resolution was passed by the delegates to discontinue and abandon the Peoples Methodist Episcopal Church of New Orleans. The resolution was passed pursuant to Article 255 of “Doctrines and Discipline,” which in part reads thus: “1. With the consent of the presiding bishop and of a majority of the district superintendents and of the District Board of Church Location and Building (Paragraphs 704-7) of the district in which the action is contemplated, the Annual Conference may declare any charge or church within its bounds discontinued or abandoned. * * *

Shortly afterward, the congregation of the Peoples Methodist Episcopal Church of New Orleans selected defendant Chinn as their pastor, and up to the time of the issuance of the preliminary injunction Chinn continued to act in that capacity.

[585]*585A few months later, plaintiff Robert N. Brooks, bishop of the New Orleans area of The Methodist Church, appointed a Rev. Carter as pastor of the said church, who never took office because of the objections of Chinn and the congregation.

Matters seem to have remainded in status quo until some time in November, 1949, when the Louisiana Conference Central Jurisdiction of The Methodist Church, at its regular annual session, rescinded its former resolution of abandonment and discontinuance, which had the effect of restoring as a charge of The Methodist Church the Peoples Methodist Episcopal Church of New Orleans. Thereupon, plaintiff Brooks, the bishop, appointed Amos N. Taylor as pastor. The congregation refused to recognize the appointment of Taylor, and the church continued to function as such and to hold its regular church activities under the leadership of Chinn.

The insubordination of the congregation is well reflected in a letter dated November 16, 1949, written by Chinn to plaintiff Handy, the closing paragraph of which reads: “In fine, the Church now is not in any way a part of the Louisiana Conference and declares that nothing that the Conference may seek to do is binding and that they refuses to accept any minister assigned by the Bishop as pastor for the reason herein stated.”

Defendants first argue that the act of abandonment and discontinuance was arbitrary and ineffectual, because adopted without the consent of the congregation of the church, without notice, trial, or cause.

Article 2S5 of the “Doctrines and Discipline of the Methodist Church,” 1948, the pertinent part of which has already been quoted, specifically endows the conference, with the consent of the presiding bishop and of a majority of the district superintendents and of the district board of church location and building, with discretion to declare any charge or church within its bounds discontinued or abandoned. Whatever may have been the reason for the action of the conference is of no concern to us. From the documentary evidence, it appears that the resolution of abandonment and discontinuance was regularly adopted, and we are not privileged nor required to delve into the motives which lay behind the action.

The United States Supreme Court, in Watson v. Jones, 13 Wall. 679, 80 U.S. 674, 20 L.Ed. 666, said: “In this class of cases we think the rule of. action which should govern the civil courts, founded in a broad and sound view of .the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority is, that, whenever the questions of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them, ■in their application to the case before them.”

Nor do we perceive any weig-ht in defendants’ argument that Chinn should now be recognized as pastor by virtue of his selection and appointment by the congregation. According to art. 431 of the “Doctrines and Discipline,” one of the duties of the bishop is to appoint pastors to-the various churches under his jurisdiction. Chinn himself, on cross-examination, admitted that Brooks, who is the bishop of the New Orleans area, had the right to appoint Taylor as pastor.

The Peoples Methodist Episcopal Church of New Orleans is a Louisiana corporation, organized May 19, 1922, and its objects and purposes are declared to be: “ * * * for Religious, Charitable and Educational purposes, and for the promotion of Christian instruction, the support of the Ministry, and the public worship of God, in accordance with the doctrine, discipline and usage of the Methodist Episcopal Church, as from time to time established, made and declared by the lawful authority of said Church, and to perform for, and among all men such acts of Benevolence, Charity and Friendship, as shall tend to their spiritual, moral and material welfare.”

The contention is also made that the court a qua erred in enjoining the trustees from exercising the corporate powers vest[586]*586ed in them by the charter. The basis .of the argument is that the Louisiana Conference Central Jurisdiction has no right to interfere with a domestic corporation in the control and management of its property. Several authorities are cited which are said to be controlling, particularly German Evangelical Congregation v. Pressler, 17 La.Ann. 127. None of the cited cases are authority for the proposition advanced. In the above titled case, the plaintiff, a religious congregation, sought to enjoin the minister from disturbing plaintiff in the peaceable enjoyment of its property and rights.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Price v. Merryman
259 N.E.2d 883 (Indiana Court of Appeals, 1970)
Emmco Insurance v. Dickinson
144 So. 2d 607 (Louisiana Court of Appeal, 1962)
Westside Transit Lines, Inc. v. New Orleans Public Service, Inc.
135 So. 2d 278 (Louisiana Court of Appeal, 1961)
LOUISIANA DISTRICT, ETC. v. Church of Nazarene
132 So. 2d 667 (Louisiana Court of Appeal, 1961)
The Ind. Annual Conf. Corp. v. Lemon, Etc.
131 N.E.2d 780 (Indiana Supreme Court, 1956)
Harris v. Pierce
73 So. 2d 330 (Louisiana Court of Appeal, 1954)
Trustees of New Hampshire &C. Methodist Church v. Methodist Church
104 A.2d 204 (Supreme Court of New Hampshire, 1954)

Cite This Page — Counsel Stack

Bluebook (online)
52 So. 2d 583, 1951 La. App. LEXIS 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-chinn-lactapp-1951.