Schlichter v. Keiter

Citations

• 156 Pa. 119
• 27 A. 45
• 1893 Pa. LEXIS 1320

Syllabus

<p>[Marked to be reported.]</p> <p>Church law — Constitution—Confession of faith — Alteration.</p> <p>Under the constitution of the “ Church of the United Brethren in Christ,” adopted in 1841, providing that “no rule or ordinance shall at any time be passed to change or do away with the confession of faith as it now stands, nor to destroy the itinerant plan,” the confession of faith is not absolutely unchangeable in its manner of expressing the doctrines of the church, but it can be changed in the interest of clearness of expression or fulness of statement of the accepted doctrines of the church.</p> <p>Alteration of constitution — Election—Title to property.</p> <p>The constitution of the United Brethren in Christ provided that: “ There shall be no alteration of the foregoing constitution unless by the request of two thirds of the whole society.” The general conference of the church formulated certain changes in the constitution, and submitted them to the members of the church generally, who numbered about 200,000 persons. Of this number 51,070 signified their desire for the proposed changes by an affirmative vole. Those voting against the changes were 8310. Those who preferred another mode of proceeding than that which had been taken, and petitioned a general conference accordingly, were 16,187. The total number of those who expressed themselves upon the subject was 70,567. The general conference, assuming that the consent of the church had been obtained, adopted the new constitution by a large majority, and promulgated it as the law of the church. A small minority withdrew and organized another conference. Defendants, who were adherents of the minority, took possession oí a certain church and refused to surrender it to the majority of the congregation who adhered to the general conference which had adopted the new constitution. Held, (1) that a majority of the whole number of persons voting was sufficient to adopt the new constitution, and that it must be assumed