Maxwell v. Brougher

WILSON, J.

The question presented by this appeal is whether a court of law has jurisdiction to interfere with the internal disciplinary matters of a religious corporation and to enter and enforce a judgment directing the manner in which the officers, boards and congregation of such a corporation shall proceed in the matter of hearing and disposing of charges made against the pastor of the church.

Fortunately such controversies as the one involved in this action are few and it is to be regretted that the matter now before the court, as well as all schisms in religious organizations, could not have been terminated by the order of the ecclesiastical tribunals that are provided for that purpose without resort to the civil courts.

The amended complaint alleges that charges were presented to the pastor of the church in March, 1945, accusing him of having engaged in a course of conduct which, if the charges had been true, would be sufficient grounds for his removal as pastor; upon his refusal to resign the same charges were, in June, 1945, presented to the officers of the church with the request that the same be laid before the congregation; the pastor and the deacon board, in violation of the constitution, customs, regulations and discipline of the Baptist Church, failed to disclose the nature of the charges to the congregation but instead, on June 20, 1945, presented to the congregation a vote of confidence with the statement that the rumored charges against the pastor were untrue; the majority of the members present rejected the motion and voted in favor of hearing the evidence but a vote, of confidence was declared to have been carried in favor of quashing the presentation of such accusations. The pleading contains allegations of other irregularities in the proceedings, various efforts of plaintiff to have the charges heard, and his failure to accomplish his desire.

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Sprinkled through the complaint are allegations with reference to a “Fellowship Fund” in which plaintiff and all members of the church are alleged to have a financial and beneficial interest, together with statements concerning the alleged misuse of the funds. Such charges are not separately stated from those of alleged misconduct of the minister.

The second cause of action purports to be for declaratory relief. It is alleged that an actual controversy has arisen with respect to plaintiff’s rights and those of the members of the congregation of the church but it is further alleged that “the attitude and position of the defendants named in this action are not known,” followed by other averments with reference to the acts and conduct of the pastor and to the Fellowship Fund and buildings and property belonging to the church corporation.