Evans v. Shiloh Baptist Church

• Decision Date: 08 December 1950
• Docket Number: No. 48,48
• Citation: 77 A.2d 160,196 Md. 543
• Parties: EVANS et al. v. SHILOH BAPTIST CHURCH, Inc. et al.
• Court: Maryland Court of Appeals

Page 543

196 Md. 543

77 A.2d 160

EVANS et al. v. SHILOH BAPTIST CHURCH, Inc. et al.

No. 48.

Court of Appeals of Maryland.

Dec. 8, 1950.

Dallas F. Nicholas and U. Theodore Hayes, Baltimore, (Nicholas & Gosnell, Baltimore, on the brief), for appellants.

Harry O. Levin and Marshall A. Levin, Baltimore, for appellees.

Before MARBURY, C. J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

MARKELL, Judge.

This is an appeal by the plaintiffs from an order sustaining a demurrer to the bill, with leave to two plaintiffs, Evans and Coleman, to file an amended bill within fifteen days, and dismissing the bill as to the other plaintiffs.

The bill alleges that: In August, 1948 all the plaintiffs were 'members in good financial standing' in defendant church. Plaintiff Evans then had served for several years as assistant pastor, and plaintiff Coleman had served as secretary of the trustee board, of defendant church. The other plaintiffs have held various offices in the church and its member organizations. Defendant church was incorporated under the general religious incorporation law. Code, Art. 23, secs. 275-284; Acts of 1802, ch. 111; Jenkins v. New Shiloh Baptist Church, 189 Md. 512, 514, 56 A.2d 788. Defendant Boddie is pastor, the other defendants respectively chairman and secretary of the board of deacons and members of the trustee board of the church. On August 21, 1948 plaintiff Evans was notified by defendants pastor, chairman and secretary, 'purporting to act on behalf of the church', that he was 'released' as assistant pastor, the release to be effective at the end of August, 1948. These defendants had taken this action without a church meeting. Plaintiff Evans 'had been regularly elected as assistant pastor by a majority of the church membership at a duly organized church meeting, for a period of time agreeable to a majority of the church membership.' Various matters have arisen between plaintiffs and other members of the church, on the one hand, and the pastor and the other defendants. On October 14, 1948, thirty-three members of the church, including four plaintiffs, addressed to the 'pastor, deacons and trustees' of the church a written request that 'because the church harmony has been so greatly threatened' they call 'a regular church meeting' to 'discuss some of the things that is destroying our church harmony.' This request was not complied with. Defendant's pastor, chairman and secretary 'summoned' each of the plaintiffs to appear before the board of deacons of the church on December 8, 1948, and 'show cause why disciplinary action should not be taken' against plaintiffs, for (in the case of Evans) (1) 'disturbing the peace of the worship service on Sunday morning, October 17, 1948, in full view of members and friends assembled by making an unofficial unauthorized statement, causing a disruption in the service' and (2) 'being an important part of a factional meeting on Tuesday evening October 21, [sic] 1948, and making statements to disturb the peace and harmony of the church.' The letter to Evans quoted the constitution of defendant church, section 2, paragraph 3, 'leaders of factions and disturbers of peace and tranquility of the church membership shall be brought before the board of deacons and be disposed of in the best way possible for the good of the church.' Plaintiffs did not appear on December 8, 1948. On December 9, 1948 the three defendants wrote them again, requesting them to appear on February 2, 1949 for the same reasons, and saying, 'We further decided that until you have met the board as requested above, you are not to be active in the affairs of the church, groups, organizations, or represent the church outside in any way.' 'Because * * * plaintiffs did not so appear before [the] board of deacons, they * * * each * * * were notified by [those] defendants that they, plaintiffs, were 'under discipline". [This allegation apparently refers to the letter of December 9, 1948, supra, an exhibit.] There has been no regular church meeting of defendant church for months. Plaintiffs, together with other members of the church, have been trying 'to ascertain', among other things, 'why and when the pastor's salary was raised, why plaintiff Evans was discharged, what was the cost of renovation of the church and when and how the work was paid for, a report as to the [Jenkins?] litigation, and why plaintiffs must remain 'under discipline", without a trial under church law. As a result of these difficulties, 'and being unable to obtain any further redress in defendant church', plaintiffs 'requested the several Baptist churches of Baltimore * * * to meet in council on January 31, 1949', so that plaintiffs 'might be afforded a hearing and advise [sic].' The 'said council met and heard plaintiff's complaints and pursuant thereto, * * * rendered a decision recommending that plaintiffs and * * * defendants meet and settle their differences.' This 'decision' is entitled 'the advise [sic] of ex parte council called by aggrieved members of Shiloh Baptist Church * * *.' A copy of this 'decision' was delivered to defendants, but 'in spite of the decision, and contrary to the spirit thereof, * * * defendant Boddie called a report meeting of defendant church on March 17, 1949, from which meeting plaintiffs were excluded and in this * * * meeting * * * defendant Boddie caused * * * plaintiffs to be removed from their several positions in the church and continued to keep them 'under discipline". Plaintiff Evans has not received any salary since September 1, 1948, and plaintiff Coleman's salary has been suspended since November, 1948.

Plaintiffs aver 'that they are suffering great and irreparable harm and * * * unless this court intervenes, greated harm and injury will result not only to * * * plaintiffs, but to many other members of defendant church itself.' Plaintiffs pray that (a) plaintiff Evans be restored to his position as assistant pastor and 'be paid his full salary * * * from September 1, 1948', (b) plaintiff Coleman be restored to his position of secretary of the trustee board and 'be paid his full salary * * * from November 1, 1948', (c) plaintiffs 'be removed from the status of 'under discipline" and 'be restored to full and complete alphabetical and numerical membership' in defendant church, (d) a 'regularly constituted meeting of the entire membership' of defendant church 'be held, at which time the pastor * * * and the board of deacons and the trustee board of * * * defendant church give and make a full and complete report and accounting to the membership and that * * * plaintiffs * * * each * * * be permitted to attend and participate in such meeting, and (e) general relief.

As we take judicial notice of our own records, we know that unless the membership of defendant church has diminished in the two years after June, 1946, thirty-three members constitute less than two per cent of the total membership. Jenkins v. Shiloh Baptist Church supra, 189 Md. 517, 56 A.2d 788. There is no showing that any provision of the constitution and by-laws of defendant church empowers church members to call a meeting of the congregation to ventilate complaints, or exact from the pastor and trustees...