The Daily News SATURDAY, SEPTEMBER 10, 1904. THE FREE KIRK.

Taranaki Daily News, Volume XLVI, Issue 211, 10 September 1904, Page 2

T he Daily News SATURDAY, SEPTEMBER 10, 1904. THE FREE KIRK.

If a volcano had suddenly opened in Arthur's Scat and destroyed the city of Edinburgh the consternation of Scotland would not have been greater than has been wrought by the decision 0 f the House of Lords in the Free Kirk case. It has shaken the northern kingdom to its core, and the results of that judgment, if harshly applied, would be incalculable in tho religious, social, 'intellectual and political life of the country. The highest court in the land has declared, a London journal comments, that funds, churches, manses, colleges, halls, and mission buildings throughout the world valued at nearly five millions sterling shall pass from the control of a quarter of a million people grouped in eleven hundred congregations into the possession of twenty-four congregations numbering five thousand. This does not mean that tho twentyfour ministers in the Highlands and western islands, whom Scotsmen call tho "Highland Host," will enter into actual possession. Tho property is under trust deeds, and can only bo employed for the purposes of the trust as It has been hitherto. That is the essence of the judgment. But tho faithful minority may enter into the control of th« property. For other religious bodies the declsios has especial interest, as it lays down tho law that by departure from the fundamental principle 0 l the foundation in respect of tine State connection and of the Westminster Confession, the overwhelming majority of the Free Kirk forfeited their right to be so called, and lost their property. The root principle of the Church, as asserted a t the Disrup- j tion in 1843, was freedom of 'managing its own affairs, yet the law declares that it may not depart in tho slightest degree from tine original position. This shows how wide is the divergence between law and what is vulgarly regarded as " common sense." Lord James expressed the hope that tho victors would not inlist upon the spoils of war. They undoubtedly have the power to inflict a calamity on tho reMgdous life of Scotland. The treatment meted out to themselves lias been harsh and uncharitable. They were given notice to leave tho churches, some of them were turned out, and it was not till suspicion grew that they would win the fight that tho majority offered termß. To Caesar they had appealed, and by Caesar's judgment they resolved to abide. Every influence will now be brought to bear upon them to temper law with mercy. They are deeply pious men, and will not readily do harm to the couse of religion. But it is possible that tiho asperities of denominational controversy may for a time obscure a wider outlook, and that they may hesitate to permit the property to toe used for teaching with which Ihey disagree. An arrangement must,»however, be arrived at, and no doubt eventually a fair bargain will ,bo struck under which the "Highland Host" will be secured in all that they reasonably claimed before the masterful majority drove them into the courts. Parliament cannot stand aside and see this splendid organisation wrecked. The course most likely to bring lasting peace within the tabernacles is for the two parties to negotiate terms, and ask Parliament to confirm them with legislative sanction. If an Act of Parliament is not passed it would still to possible for a minority of tho present minority to stand out and repeat the disaster,