SPIRITUALISM

New Zealand Times, Volume XLIV, Issue 10298, 5 June 1919, Page 7

SPIRITUALISM

A PASTOR'S APPEAL IS A SECT A RELIGIOUS DENOMINATION? An interesting discussion as to whether a minister of the body of Spiritualists is a regular minister of a religious denomination within the meaning' of the Military Service Acts took place in the King's Bench, London, recently, when judgment; was given in the appeal of Ernest Walter Oaten, president of the body of Spiritualists, against the decision of the Sheffield magistrates. The- justices, while of opinion that the appellant was not entitled to .exemption, decided that it was inexpedient to inflict . any punishment, and dealt with Mr Oaten under the Probationers Act,-dismissing the information.

Mr Branson, for the Crown, contended that the appellant had failed to establish that the Spiritualists were a religious denomination, and that he was a regular minister of it. It was a purely secular body, without any test. There, was provision for blackballing in membership, like a club. Mr Justice Darling: It recognises the fatherhood of God; the brotherhood of man, the communion of spirits, the ministry of angels, and the continuous existence of the human soul.. That is not secular.

Mr Hawke (for the' appellant) quoted "Wobster's Dictionary" definition of a denomination as "a class or society of' individuals who call themselves by some name." >.' ' :•■•:..>

Mr Justice Darling: According to that the Clan McPherson would be a denomination.

Mr Hawke: The Spiritualists believe that they get direct manifestation from the other world.

Mr Justice Darling: There are plenty of people in the Church of England who believe that.'

The magistrates had asked, said Mr EDawke, whether' Spiritualists believed Jonah was in the whale's belly. Mr Justice Darling: Do all religious people believe that? Mr Hawke: I can't say; but that may havo been the sort of thing that influenced the -magistraiesj . . Mr Justice Darling, in his judgment, said there was a good deal of evidence to show the appellant was a regular minister, and that this body was a religious denomination. It was not for the court to say on the facts "is he a regular minister and is the denomination a. religious one?" The question for the court was whether the magistrates on tho facts before them were bound as a matter of law to come to tho conclusion that this body was a religious denomination, and that tho appellant' was a regular minister of that denomination. For himself he should have come to a different conclusion to the magistrates. It was difficult to say where the regularity of a minister began and whore it concluded, and it was the same in the case of a denomination. There were a great. imany : different^-re, ligions and -denominations in this country. There were bo many that' it was a saying of Voltaire that in England there were thirty-six different religious sects and only one sauce, which was something that he deeply regretted. In this case His Lordship would havo thought the evidence showed that this was a religious denomination, but it.was for the,appellant to satisfy the magistrates v that it "was, and that he was a regular minister of. it. Before the appeal could succeed one must be able to say there was no evidence which could possibly justify the magis-. trates in coming to the conclusion that they did come to. He could not say that, and for that reason the case on the appeal must be dismissed.

Mr Justice Bray a and Mr Justice Avory agreed with the latter part of Mr Justice Darling's finding, and the appeal was dismissed, with costs.