CHURCH POWER AND CIVIL LAW.

Dominion, Volume 4, Issue 937, 3 October 1910, Page 5

CHURCH POWER AND CIVIL LAW.

AN INTERESTING POINT. DISMISSED MINISTER'S VICTORY IN THE COURTS. - JURISDICTION DENIED. = : By Teleera-ph—Pre6s Association—Copyright. Brisbane, October 1. The important points raised by the cision |of the.High Court of Australia in the case of the Eev. W. S. Frackelton, of Brisbane, "against tho 'Presbyterian Church authorities formed tho subject of a report presented by the Committee °n Spiritual Independence to the Presbyterian General Assembly. In its judgment in the case, the Com.monwealth High Court declared that the Civil Court had the right \to review any. decision of a Church court, and that the sentence passed on Mr. Frackelton's tion by the Queensland Presbyterian Assembly for appealing to a Civil court was null and void.. . : ' The committee submitted to the General Assembly a declaration, which was adopted/setting out, inter alia, that "the Lord Jesus, as .King and head 'of : the Church, has' appointed the government and. jurisdiction: of the Churoh in the hands of Church officers, as distinct'from a. civil - magistrate.' With this distinct jurisdiction a civil magistrate ; has' no lawful right to interfere, or; to assume to himself any authoritative control''over the same. : .'-, ~- . <: 'That,; in all matters coming within the jurisdiction of . the , Church;, officebearers, the members of the Church are bound to abide by tho decision, of the Church courts.; Recourse,to. a,Civil court against a-'decision of -the Church in these matters, \6r against the execution thereof; is. excluded." ;.,.',,;.'

• A; declaration was also carried: affirming the: General Assembly of the; Presbyterian Church of .('Australia- as the-su-preme legislative" .: and administrative judicial court of the Church, that it possesses extraordinary jurisdiction, and inherits, every supreme: organising authority commonly known as : mobile officium.

.-■'■' Mr. Frackelton . became; -minister.. of the Ann Street Presbyterian- congregation, Brisbane,' in 1806,, and' in, 1907 be, issued a writ against :the General Assembly of the, Presbyterian: Church: in Queensland, alleging 'that the Assembly's, action 'in declaring the 'Ann Street charge: vacant was illegal, and asking for his: restora.tion to' office. The, Church pleaded'that plaintiff, in whose congregation,there bad been friction, had been insubordinate, and had refused to submit to discipline.'. ' : < -The Chief Justice of Queensland/in his judgment, hcld : that,the Church had ex-, ceeucd its powers,.arid had acted harshly, unjustly,':and injuriously: towards the plaintiff. A mandamus against the Pros-' bytery was- granted in : terms of'tho claim. The High Court, on appeal, subsequently upheld the .judgment; ■ and declared that -the Church had broken'its contract with Mr;.' Frackelton, and • that' Mr. Frackelton in applying for the:writ had committed .no^breach-of: his;ordination, vows.:.,>,■