Master v. Second Parish of Portland

• Decision Date: 12 February 1941
• Docket Number: No. 1020.,1020.
• Citation: 36 F. Supp. 918
• Parties: MASTER et al. v. SECOND PARISH OF PORTLAND et al. (CONGREGATIONAL-CHRISTIAN CONFERENCE OF MAINE, Intervenor).
• Court: U.S. District Court — District of Maine

36 F. Supp. 918

MASTER et al. v. SECOND PARISH OF PORTLAND et al. (CONGREGATIONAL-CHRISTIAN CONFERENCE OF MAINE, Intervenor).

No. 1020.

District Court, D. Maine, S. D.

April 30, 1940.

Supplemental Opinion February 12, 1941.

Clement F. Robinson and Nathan W. Thompson, both of Portland, Me., for plaintiffs.

Frank P. Preti, F. J. Laughlin, and Daniel C. McDonald, all of Portland, Me., for defendants.

Chas. H. Blatchford, of Portland, Me., for intervenor.

PETERS, District Judge.

This is a bill in equity, brought before the present Rules took effect, in which the plaintiffs are members and representatives of the large ecclesiastical organization known as the Presbyterian Church in the United States of America, and there are named as defendants the Second Parish in the Town of Portland and the First Presbyterian Society of Portland. The Congregational-Christian Conference of Maine was also permitted to intervene as a defendant. These and various other persons and organizations named as parties in the bill are often referred to in the record by other than their correct names, but the above are the essential parties and described by their legal names.

The principal object of the proceeding is to establish the authority of the Presbyterian Church in the United States of America over property now held by the Second Parish in the Town of Portland, and especially to obtain the enjoyment of the use of the church building of that Parish, and the opportunity to install a pastor acceptable to the Presbyterian organization represented by the individual plaintiffs.

I find the facts to be as follows:

The Presbyterian Church in the United States of America, hereinafter for convenience referred to as the plaintiff church, is a large, national, voluntary religious organization, comprising many churches of the Presbyterian denomination throughout the country, united in a common religious belief and form of worship, and having an organization which embraces the various churches and congregations, all of which are subject to the authority of other ecclesiastical bodies called judicatories, with the final authority vested in the General Assembly of the Presbyterian Church in the United States of America.

The executive body of each church or congregation is called a Session, which seems to have the functions of an executive committee. It is composed of members of the congregation, elected by it, called ruling elders, together with the regularly installed pastor who is ex officio the moderator. To constitute a Session there must be at least one ruling elder and the pastor. The Session has charge of the spiritual welfare of the congregation and the right to control the use of the property of the church for the purposes of worship.

Next above the Session in the organization is the Presbytery, consisting of all the ministers, — in number not less than five, — and one ruling elder from each congregation within a certain district. Subject to appeal, the Presbytery has jurisdiction over the churches in its district. The Session of any regular Presbyterian Church in Portland is subject to the authority of the Presbytery of Newburyport.

The Synod, which exercises jurisdiction over the Presbyteries, is a convention of ministers and elders within a larger district.

The General Assembly is the highest judicatory and represents in one body all the particular churches in the denomination. It consists of a delegation of ministers and elders from each Presbytery.

The pastor may be nominated by the congregation but he is appointed by and derives his authority from the Presbytery of the district.

It so happens that litigation in the courts has many times made necessary a description of the organization and form of government of the Presbyterian Church, especially in the Federal Courts in cases like Watson v. Jones, 13 Wall. 679, 20 L.Ed. 666; Barkley v. Hayes, D.C., 208 F. 319; Shepard v. Barkley, 247 U.S. 1, 38 S.Ct. 422, 62 L.Ed. 939.

There being no dispute between the parties as to the organization or methods of discipline and procedure in the Presbyterian Church, as set forth in the cases above referred to and many other decisions therein mentioned, no further explanation or finding in that respect seems necessary here.

The Park Street Presbyterian Church in Portland was the name commonly used to designate the organization, the legal name of which is the First Presbyterian Society of Portland, above named as defendant. As a corporation it held the title to the real estate. It will be less confusing to refer to it as the Park Street Church. It was for many years a unit of the Presbyterian organization in good and regular standing. It owned real estate consisting of the church building and land on which it stood. The use and control of the Park Street property were wholly in the control of the congregation acting through its Session, subject to the oversight of the Presbytery, and, on appeal, the Synod and General Assembly.

The principal defendant here is the Second Parish in the Town of Portland, a Congregational parish which owned the church edifice on Congress Street in Portland, the right to the use of which is in dispute. For convenience this may be referred to as the Congress Street Church to distinguish it from the Presbyterian Church on Park Street.

This parish was incorporated in 1788 under the name of the Second Parish in the Town of Portland, by an Act of the Massachusetts General Court, as "a distinct and separate religious society * * * with all the privileges, powers and immunities which any parish in this Commonwealth is entitled to by law." No other purposes were mentioned.

In accordance with the Congregational polity, this church congregation was composed of members professing the Congregational faith, with the parish as a separate corporate organization holding title to the property and having full charge of the business of the church.

The deed of conveyance of the Congress Street Church property to the parish was without any condition affecting the use of the property and did not purport to create any express trust. It was a simple deed to the Second Parish in the Town of Portland, its successors and assigns forever.

The Parish also held in trust certain funds the income of which was to be used for the support of its minister.

In the year 1923 both the Park Street and the Congress Street bodies were having financial difficulties. The Congress Street people had no minister, their property was subject to debts, and church services had been suspended. The Park Street church was functioning with a pastor, but resources were diminishing. Its property was not so valuable as that of the Congress Street Church.

Suggestions as to a union between the two churches began as early as 1920, culminating in 1923 in an agreement to unite, which was put in written form and ratified by all interested parties, including the Presbytery of Newburyport, the judicatory having immediate jurisdiction over the Park Street Church. The agreement, leaving out the formal parts, is as follows:

"Whereas, the respective parties hereto have duly voted and agreed to unite in order to form one religious body to be known as the Second Parish Presbyterian Church to occupy and use the edifice and property of the Second Parish of Portland.

"Now this Agreement witnesseth that in consideration of the premises and the mutual payment and receipt of one dollar ($1.00) and other good and valuable consideration it is agreed as follows:

"1. That the parties hereto hereby unite.

"2. That the second party hereby agrees that its church property at the corner of Park and Pleasant Streets in the City of Portland, Maine, be sold and the proceeds of such sale applied

"(a) To liquidate the indebtedness of both uniting corporations,

"(b) The balance after liquidation of said indebtedness to constitute a trust fund, the income of which shall be used to support the work of the Second Parish Presbyterian Church.

"3. The edifice and property, including all trust funds, of the first party, shall be occupied and used for the purposes of said Second Parish Presbyterian Church.

"4. In the event of both the dissolution of said Second Parish of Portland (or its successor or successors) and the abandonment of its property or of any other acquired or substituted property for church purposes (both contingencies and not one), the proceeds shall revert to and be divided between the Congregationalist and Presbyterian denominations in proportion to their present valuation and contributions.

"5. That the property known as `The Manse' at No. 72 Winslow Street, in said City of Portland, shall, so soon as convenient after the completion of this union hereby effected, be conveyed by proper deed of conveyance to said first party; and all other steps, legal and otherwise, necessary or advisable to carry this agreement into full effect, shall be taken and are hereby authorized.

"6. The church members of the first party join the Presbyterian Church and the church members and contributors of the second party shall be elected members of the Second Parish of Portland, corporation.

"7. The present parish organization and name shall be retained.

"This agreement shall be binding upon the parties hereto, their assigns and successors."

This agreement was carried out without dissension. The Park Street property was sold, the debts of that organization were paid, the congregation moved over to Congress Street and the debts of that parish were paid. The balance of the money was placed in the treasury of the Congress Street parish and used for the purposes of the united churches.

The church members of the Congress Street Church joined the Presbyterian Church and certain of the Presbyterian people were elected members of the Congress Street parish. The new name of Second Parish Presbyterian Church, under which the united congregations functioned, was used, the Presbyterian organization...