Mack v. Kime

58 S.E. 184, 129 Ga. 1, 1907 Ga. LEXIS 296
CourtSupreme Court of Georgia
DecidedAugust 9, 1907
StatusPublished
Cited by54 cases

This text of 58 S.E. 184 (Mack v. Kime) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mack v. Kime, 58 S.E. 184, 129 Ga. 1, 1907 Ga. LEXIS 296 (Ga. 1907).

Opinion

Cobb, P. J.

(After stating the facts.)

1. The present case presents one of those controversies which, have, unfortunately, in the past, often found their way into the civil courts of this country. The courts of this State have been remarkably free from cases originating in schism in a religious body. Numerous cases appear in the briefs of counsel, from different courts of this country, as well as' some in the English and Scottish courts, involving controversies growing out of differences of opinion between parties and factions in ecclesiastical, organizar tions. On account of the union between the church and the government in England, the decisions of the civil courts of that country can not be implicitly followed by the courts of this country, where the civil authorities have no right to interfere in matters peculiarly ecclesiastical. The "first amendment to the "constitution of the United States denies to Congress the power to make any law respecting an establishment of religion or prohibiting the free [17]*17exercise thereof. Civil Code, §6014. That instrument contains no limitation on the powers of the States in this particular, but every State in the Union has in its constitution a provision denying to the civil authorities the right to control or interfere in any way in matters purely ecclesiastical. The people of no State in the Union, as a political entity, have any creed or religion. The people of the United. States, as a political entity, have no creed or religion. Each individual within the jurisdiction of the United' States, whether he be within the limits of a State or elsewhere, has a right to determine for himself all of those questions which relate to his relation to the Creator of the universe. No civil authority can coerce him to accept any - religious doctrine or teaching, or restrain him from associating himself with any class or organization which promulgates religious teaching. Whether he shall adopt any religious views, or, if so, what shall be the character of those views, and the persons with whom he shall associate in carrying out the particular views, are all questions addressed to his individual conscience, which no human authority has the right, even in the slightest way, to interfere with, so long as his practices in carrying out his peculiar views are not inconsistent with the peace and good order of society. We have confined our investigations in this case almost entirely to the decisions of the courts of this country, for the reasons above referred to.

When an individual becomes a member of a religious organization, his uniting with it is his voluntary act, and he becomes bound by the rules and usages of the organization. A religious association usually adopts a constitution, by-laws, and form of government. A member, when he enters the organization, voluntarily assumes the duty of obeying the laws of the association. As to all matters purely ecclesiastical he is bound by the decisions of the tribunal fixed by the organization to which he belongs, as an arbiter to determine the disputed questions relating to matters peculiarly within the province of the organization. In attempting to carry out the purpose for which religious associations are formed it becomes necessary, in almost every instance, for the organization to hold and own property. The members of the organization therefore become interested in the property so owned. Differences may arise which bring about disputes as to what interest a member or class of members of an organization may have in this property. [18]*18Eights of property are as peculiarly within the jurisdiction of the civil courts of the land as purely religious rights are within the jurisdiction of the ecclesiastical tribunals of a religious organization. How far the civil courts will interfere in the affairs of a religious body, where property rights are involved, is a question which has been addressed to many courts of this country. Often the controversy as to the right of property grows out of a controversy as to creed, doctrine, or teaching. While all of the rulings of the American courts can not be said to be entirely uniform, the great, weight of authority is to the effect that if a religious organization has, under its form of government, a tribunal constituted with jurisdiction to decide differences between its members as to creed, teaching, or doctrine, the civil courts will not undertake to review or revise the judgment of the church tribunal in reference to such matters. The cases which support this ruling seem to be founded upon sound reasoning, when we take into consideration the constitutional provisions which deny to Congress and the lawmaking powers of the different States the right to interfere in matters purely ecclesiastical. In some cases it has been said that the decisions of the church tribunals are persuasive and not to be departed from by the civil courts except where the decisions are clearly wrong. But the sounder rule is that laid down in those cases in which it is held that if the .matter relates to creed} doctrine, or teaching, the judgment of the constituted church tribunal is absolutely conclusive upon the civil courts, whether, in the opinion of the judges of such courts, the decision appears to be right or wrong. Where a right of property turns upon such a decision, the civil courts will allow the property to-go in that direction in which the decision of the church tribunal carries it.

One of the leading cases on the subject in this country is Watson v. Jones, 13 Wallace, 679, 20 L. ed. U. S. 666. It was there held that in a case where, the right of property asserted in the civil court is dependent upon a question of doctrine, discipline, ecclesiastical law, rule, custom, or church government, and that question has been decided by the highest tribunal within the organization to which it has been carried, the civil courts will accept that decision as conclusive and be gpverned by it in its application to the case before it. In the opinion Mr. Justice Miller says: “It is not to be supposed that the judges of the civil courts can be as [19]*19competent in the ecclesiastical law and religious faith of all these bodies as the ablest men in each are in reference to their own. It would therefore be an appeal from .the more learned tribunal in law, which should decide the case, to the one which is less so” (p. 729). See also 7 Rose’s Notes, 769; Brundage v. Deardorf, 92 Red. 214 (34 C. C. A. 304); Schweiker v. Husser, 146 Ill. 399 (34 N. E. 1022); Lamb v. Cain, 129 Ind. 486 (14 L. R. A. 518, 29 N. E. 13); Watson v. Avery, 65 Ky. 332; Trustees v. Harris, 73 Conn. 216 (47 Atl. 116); White Lick Quarterly Meeting of Friends by Hadley v. White Lick Quarterly Meeting of Friends by Mendenhall, 89 Ind. 136.

2. The constituted tribunal of the religious organization has jurisdiction to determine all ecclesiastical questions which are submitted to it under the law and usages of the society. It has also the authority to determine for itself whether it has jurisdiction in a given case. The highest church court of a religious society is like the highest civil court. It has submitted to it not only questions growing out of controversies, but it has, of necessity, imposed upon it the duty and responsibility of determining what are within the limits of its jurisdiction. In the case of Watson v. Farris, 45 Mo.

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Bluebook (online)
58 S.E. 184, 129 Ga. 1, 1907 Ga. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mack-v-kime-ga-1907.