Baber v. Caldwell

• Decision Date: 16 January 1967
• Citation: 152 S.E.2d 23,207 Va. 694
• Parties: Billy T. BABER, Chairman, etc., et al. v. M. Boyd CALDWELL et al.
• Court: Virginia Supreme Court

Page 23

152 S.E.2d 23

207 Va. 694

Billy T. BABER, Chairman, etc., et al. v. M. Boyd CALDWELL et al.

Supreme Court of Appeals of Virginia.

Jan. 16, 1967.

Robert S. Irons, Radford (Hale Collins, Covington, on brief), for appellants.

George W. Draper, Roanoke (Dillow & Andrews, Pearisburg, on brief), for appellees.

Before EGGLESTON, C.J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.

GORDON, Justice.

Intra-congregational strife in the Level Green Christian Church incited this litigation. The complainants, representing a majority of the congregation, brought suit to establish their right to control the activities of the Church and the use of its property. The trial Court denied the complainants any relief, however, and upheld the right of the minority group to control the Church activities and property as prayed in its cross-bill.

Virginia law recognizes the right of a majority of the members of a divided congregation to control the use of the church property if the church, in its organization and government, is a church or society entirely independent of any other church or general society. Code § 57--9. ¹ But the majority cannot, by reason of a change of views on religious subjects, divert the use of the property "to the support of new and conflicting doctrine". Cheshire v. Giles, 144 Va. 253, 260, 132 S.E. 479, 481 (1926).

The trial Court found that the Level Green Christian Church was not such an independent church. It also found in effect that the majority group had 'breached the trust' on which the Church property was held 'by diverting the property of the Church to their own use to the support of doctrines radically and fundamentally opposed to' the doctrines formerly adhered to by the Church. Our decision on appeal depends upon whether the evidence supported these findings. ²

The Church now known as the 'Level Green Chirstian Church' was established in the nineteenth century as 'The Church of Christ, Worshiping at Level Green, Craig County, Virginia'. The present dissension between the majority and minority groups of the Church erupted after Jack Harris became pastor in March 1963. At that time Christian churches and their ministers were divided into two camps, the Disciples and the Independents. Mr. Harris, whom a majority of the congregation supported, was an Independent. ³

In September 1963, members of the minority group of the Church invited a Disciples minister, Jack Hamilton, to conduct an 'evangelistic campaign' at the church beginning September 29. Mr. Hamilton knew the Board of Elders and Deacons of the Church had passed a resolution requiring Board approval before any person could preach in the church. He knew also that the Board had not given its approval to his preaching in the church. Nevertheless, he appeared at the church on the evening of September 29 to begin the evangelistic campaign. He did not conduct the campaign, however, because the church doors and windows had been closed and locked.

In the meantime, at a meeting of the congregation of the Church on September 15, 1963, the members voted to sustain the resolution of the Board requiring its approval before any minister could preach in the church. Members of the minority group who attended the meeting did not vote, so the resolution was passed unanimously. ⁴

This suit was instituted in October 1963. In their bill of complaint (as amended and supplemented) the Chairman of the Board of Elders and Deacons and the Trustees of the Church prayed that the defendants (the minority group) be enjoined 'from further interfering with or disrupting the orderly and proper conduct and operation of said Level Green Christian Church, or interfering with its duly appointed minister in the performance of his duties, and from holding or attempting to hold any religious services in said Church contrary to the wishes and direction of the majority of the congregation of said Church and its Board of Elders and Deacons, and * * * (for) such other, further and general relief in the premises as the nature of their case may require, or in equity shall seem meet.' The defendants filed a cross-bill in which they asserted their right to use 'said church as a place of worship for the congreation of the Level Green Christian Church (Disciples of Christ)' ⁵ and prayed for an injunction against interference by the complainants.

All witnesses agreed that the congregation of each Christian church is autonomous, whether the church be designated 'Christian' or 'Christian (Disciples of Christ)' or 'Church of Christ (Christian)'. No super-congregational body controls the action of any Christian church. ⁶

H. Myron Kauffman, Executive Secretary of the Virginia Christian Missionary Society, was the key witness for the minority group. He said the Disciples 'became in effect a separate movement' in 1955. Mr. Kauffman admitted there was no difference in the fundamental doctrine and faith of the Disciples and the Independents. Explaining the differences between the two groups, he said: 'In so far as Biblical doctrine is concerned on teachings from the Bible there would be no difference. In so far as doctrinal practices so far as the church government or policy is concerned there is a difference in the point of cooperation. There is a difference as to support of missions through societies. There is a difference as to the central teaching of our people at the basic point of Christian unity. The Disciples of Christ believe in Christian unity and have always preached it.'

The Level Green Christian Church severed all relationship with the Virginia Christian Missionary Society shortly after the congregational meeting on September 15, 1963. (See footnote 4.)

Mr. Kauffman described the Virginia Christian Missionary Society as 'a creature of the churches'. He explained 'We (the Society) did not create the church but we were created by the churches, therefore, we answer to the churches in annual assembly'. Mr. Kauffman apparently referred to the annual assembly called the Alleghany District Convention (Disciples of Christ). Disciples churches in Virginia support the Virginia Christian Missionary Society and send delegates to the Alleghany District Convention. However, each congregation's support of the Society is voluntary, and no congregation is bound by resolutions passed at the Convention.

We hold that the Level Green Christian Church is entirely independent of any other church or general society within the meaning of Code § 57--9 (see footnote (1)). The first sentence of the section relates to churches, such as Episcopal and Presbyterian churches, that are subject to control by super- congregational bodies. The Level Green Christian Church is excluded from this category because it is autonomous. The third sentence of the section relates to the other category, autonomous or entirely independent churches. The Level Green Christian Church falls in that category, as did the Primitive Baptist Church of Martinsville which was the subject of Cheshire v. Giles, supra, 144 Va. 253, 132 S.E. 479 (1926).

It may be true, as the minority group insists, that before 1963 the Level Green Christian Church was interrelated with Disciples churches through it membership in the Virginia Christian Missionary Society and the Alleghany District Convention. But interrelation or (as Mr. Kauffman described it) 'cooperation' does not destroy or even impair independence. Cheshire v. Giles, supra. A majority of the congregation always had the right to withdraw the Level Green Christian Church from the Society and the Convention.

Furthermore, the uncontradicted evidence shows that there has been no change in the religious doctrine and faith of the Level Green Christian Church. Stansberry v. McCarty, 238 Ind. 338, 349, 149 N.E.2d 683, 688 (1958); Wright v. Smith, 4 Ill.App.2d 470, 476, 124 N.E.2d 363, 366 (1955); Ragsdall v. Church of Christ, 244 Iowa 474, 482, 55 N.W.2d 539, 543 (1952). The shift from a Disciples church to an Independent church, if it occurred, worked no such change. The majority group therefore has not diverted the use of the Church property to the support of new religious doctrines that conflict with those previously adhered to by the Church. See Cheshire v. Giles, supra.

All lands now owned by the Level Green Christian Church were conveyed to the Trustees of the Church, except a one-half interest in a 3/8 acre tract that was conveyed under a deed dated December 1, 1910. In 1910 the Level Green Christian Church and the Level Green Methodist Church conducted their services in the same sanctuary, located on the 3/8 acre tract. Under the 1910 deed the 3/8 acre tract was conveyed to Trustees 'to be held * * *...