183. Presiding Officer.—When the laws of the organization provide who shall preside at a meeting, but the minister contrary to such laws and against objections presided over the majority of the congregation, and the minority was presided over by the proper person, and both elected officers, the officers elected by the minority were the lawful ones.[330] However, where a meeting is presided over without objection by a member instead of the proper officer, the acts of the body are lawful.[331]
184. Voters, Rules.—Unless the laws of the State otherwise provide, every religious organization has the right to determine who shall vote at its meetings and elections. If those provisions are reasonable, they are [pg 108] lawful. Under such provisions it has been repeatedly held that where there are rules requiring annual subscriptions to the church,[332] only those who rented and paid for pews, or those who paid a certain annual tax, or those who went to communion, were entitled to vote.[333] And where there was no rule, it was held that one who has not contributed to the church[334] and persons who attended church only occasionally and contributed only when they attended, were not qualified voters.[335] In the last case it was stated that a qualified voter is one who has attended regularly during the year and has contributed to the support of the church.
185. Quorum, Majority.—A quorum of a congregation usually consists of those present at a duly called regular meeting, and a majority of those present is sufficient to carry questions, unless by rule or law otherwise provided.[336] But where there is a definite body in a corporation which has established no other rule, a majority of the members of the corporation constitute a quorum.[337] Where the minutes of the clerk [pg 109] stated that upon due notice the members of the corporation met, a quorum is presumed.[338]
186. Votes, Challenge, Inspectors, Casting Vote.—The reception of illegal votes does not invalidate an election unless they change the result.[339] If the presiding officer refuses to allow a qualified voter to vote, the right may be enforced through civil courts.[340] When votes have been received without challenge, it is then too late to raise the objection that the persons have no right to vote.[341] It is the duty of the inspectors to determine the qualifications of an elector at the time that he offers to vote, and before he votes; and if they decide in the exercise of their judgment, without malice or improper motives, the regularity of the election can not be questioned.[342] When a rule allows the presiding officer to vote and another rule states that he shall have the casting vote in case of a tie vote, he still had the right to cast the decisive vote.[343] Illegal voting in a religious society probably is not an indictable offense, but it is a disorderly act.[344]
187. Written Notice, Prayer Meeting.—Where a five days' written notice is required to hold church meetings, an oral notice given on Sunday evening at the prayer meeting is not sufficient for a meeting on the following Wednesday. But a vote taken on Sunday to hire the minister and fix his salary, is not void.[345] Churches and benefit societies, such as insurance fraternities, being charitable organizations, may do business concerning such association on Sunday.[346]
188. Expulsion, Damages.—A man who has been wrongfully expelled from a temperance society for religious reasons may recover damages therefor.[347]
Chapter XV. Church Records
189. Evidence, Entries, Minutes.—The record of the proceedings of a religious society is evidence as to its doings, both in its own tribunals and the courts of the State. Such record consists of entries required to be made by the laws or rules of the society, the laws of the State, and the minutes adopted by the society. Therefore, it is of the greatest importance that it be kept with great exactness, omitting nothing that is important.[348] Also, the minutes of all the meetings should be correct before being duly adopted. All erasures and interlineations should be certified by the clerk and then signed by him.