For God is not the author of confusion, but of peace, as in all churches of the saints...Let all things be done decently and in order. I Corinthians 14: 33, 40
From The Toronto Daily Star, November 22, 1937 (pp. 1-2):
JUDGE ASKS IF "HOWLING" IS A "RELIGIOUS SERVICE"
Rev. Eno Kulbeck Appeals Against Conviction by Woodstock Magistrate
APPEAL IS DISMISSED
Rev. Eno Kulbeck appealed to the appellate court at Osgoode Hall today against his conviction at Woodstock.
The appeal was dismissed.
He was charged of having committed a common nuisance on Aug. 28 and numerous other occasions at Grace Tabernacle, Woodstock, "by conducting gatherings of persons in the said tabernacle in such a manner that the continued and repeated loud shouting and screaming and other noise, created until nearly midnight endangered and disturbed the peace and comfort of the public."
On the conviction Magistrate McCrimmon placed Mr. Kulbeck on suspended sentence and ordered him to pay the court costs or in the alternative to serve 30 days in jail.
W.R. Marshall, Ingersoll, and John A. Reid, Toronto, appeared for the appellant, and A.O. Klein for the crown.
"He was put on a bond to terminate his meeting, not later than 9:30 at night," said Mr. Marshall.
He contended that Kulbeck was convicted under Sections 222 and 223.
"He disturbed the whole neighborhood," said Mr. Justice Middleton. "I don't think that is correct," replied Mr. Marshall.
"Here was a minister of the Gospel who was conducting a religious service," said Mr. Marshall.
"Do you call that a religious service, howling and shouting?" asked Chief Justice Latchford.
Counsel, replying to the chief justice as to the evidence of shouting before the magistrate, said there was some.
"I have obtained four photographs of that section," continued counsel.
"Of the noise?" asked the chief justice.
"Why can't he conduct the services with decorum?" asked Mr. Justice Middleton.
The regular service was over at 9:30. After that persons had the privilege of approaching the altar and thank their Maker, explained counsel.
During the whole week they had revival and Sunday night was the final meeting, and having a special minister there it was a larger service.
Some of the residents heard the noise of a gang of boys outside the tabernacle, declared counsel.
"The charge against you," said the chief justice, "is what was going on inside, not what was going on outside the building."
"I would like to describe the type of religious service going on there," continued counsel.
"The type of service, according to the evidence, was a nuisance to people in the community," said Chief Justice Latchford.
"In the first instance, I contend that the holding of a religious service is not an unlawful act," said Mr. Marshall.
"No, it is the irreligious service, shouting, howling and screaming," returned the chief justice.
"We are faced with the fact that there was noise from boys outside," said counsel.
"I would not judge what was a religious service," said counsel, who added that the religion followed that of old time when people came close to their Maker. "They hear the old hymns and sing them," he said.
"Paul was force to preach in the open," counsel reminded the court.
Mr. Marshall contended that Kulbrick was illegally convicted under the sections referring to endangering the health and safety of the public.
"One woman says she could not get to sleep," remarked Mr. Justice Middleton.