The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-11-09
From the Cincinnati Gazette, Oct IS.
DOES ROMAN CATHOLIC CHURCH PROPERTY
BELONG TO THE BISHOP

Hoatop County CKy.) Circuit Cout-Be-
fore Judge Pryor, Co,iugton, Saturday, Octo-
Der. If.
Hecmbrort 4 a. rs. HeiD,cr Fl al.-Iniuuc-
ton to restrain the defendants from building a
school-houSe CA the church lot in the rear of
the German Catholic Church of the Mother of
God, ON Sixth street Coyinrton The plaintiffs
were trustees elected bv the congregation. and
desired to build a sChool-h0use on n lot pu--
chased for that purpose. adjoining the church,
and fronting on Sixth street The defendants
were trustees appointed by the bishop in def
ance OF the congregation, and he had directed
them to build a school-house in the rear of the
church. The elected trustees and many of the
congregation opposed this location. on the
ground that # WIS unhealthy, and Objectionable
Tor other reasons. The two principal points at
issue were:
]. Whether the canon of the church gave the
bishop the appointment of trustees against the
wishes of the congregation.
,. Whether deed or gift of property to the
catholic Church for pious uses " included for
the use of a schOol-houSe
On the first point. the canons Of tho church
and DEGREES from the Plenary Council Of Balti-
more. OF 1872. were produced
Canon of the Apostolic Canons saws,
Churches and all their rights belong to the
authority Of the bishop" " 1t is decrced that
all churches. with their possessions and titles,
SHAH DE m the possession OF the bishop and
shall always remain subject to his authority.
Decree l. of the Plenary Council of the Uni
ted States of North America at Baltimore. 1852.
saws: e We warn priests VINO have the admins
tratlou of churches, &c., not to appoint
trustees in them without the authority OF the
bishops. nor 10 permit the faithful to elect them.
lest difficulties should arise to the free admins
fration of them
Father Butler, who was called as witness
on tins point. stated that he had been twenty
two years priest. and made sixteen years OF
study-mc!uding canon law. That in CatLo-
hes countries, where the canon law forms
part of the civil law, there are priests set
apart FOR It's study, but there are no canonists
IN America. The canons of the church most
positively give the appointment of trustees to
the bishop. Such, too. had been the universal
practice in the church. and such was clearly
the teaching OF the Bible in the following pas
sage:
Look yc out from among Won seven men.
filled with wisdom, whom ,oe mag appoint over
these things"
Witness read, from the book containing the
Plenary Councils of Baltimore. the last canon
dated in %, vet the book bore date as having
been printed in ISL. lie acknowledged him,
self puzzled by this seeming contradiction but
explained II DIV Slatlng that canOnS were of no
authority until they had gone TO Rome and
been approved, and then they received their
date Witness also stated that the term reli-
gious use in deed or gift of property to the
church, meant not only for the use of church
building, but of residence for the cure, also
for school-houses, converts, hospitals colleges,
and orphan asyiums. He would prove, by a
Thousand canons. that all these were regarded
rs " religious use"
Father Kuhr,. (cure,) the priest in charge
was also called as a witness He stated that
the lot on which the church was built was pur-
chased for 500 OF this, $72 were raised in
Newport, the balance, and the money for build
ing the church, he had obtained from the fol-
lowing places:
From Cincinnati $500
about 1000
From st. Louis n 100
From Pittsburgh 100
Also, something from Philadelphia and Balti-
more. Said he: . built the church more than
any other person" De stated that the school