New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-24
DOES ROMAN CATHOLIC CHOhCH
PROPERTY BELONG TO THE BISHOP
Frc~ The Cincinnati Gasettr, OF. is

KrxroS COUNTY, lKyD CIRCUIT CoURT-Before
Judge Pryor.-Covington, Saturday, Oct. IA.
Hfmbrock e. al agt. Heiner Il dl-Injln 10
restrain the defendants from building schoolhouse
op the church lot in the rear of the German Csnolc
Church of the Mother of God, Sixth st. Coving,on.
The plaintiffs were trustees elected oy tne eonsresa
tion anc desired 10 build school house on lot pur-
Oh sad for that purpose, adjoining the church ana
froptipg on Sixthst. The defendants were trustees
apuonted by the bishop defiance OF the congrega-
tinn and he dad directed Thorn ID buld the school
bouse in the rear of the church. The elected trustees
and many of the congreg alton opposed this location,
on the ground that il unhealthy and Digestion
able for other reasons. The two principal points at
issue A.
/. Whether the csnon of the church gave the
bishop the appointment OF trustees against the wSnes
of the congregation.
.. Whether deed or gin OF property 10 the Ca
tholic Church for pious included for the use OF
ON the frst point the canons of the church and de-
crees from the Plenary Council of Baltimore, OF iso2
was produced. -. =. c,...
Ga ard all their rights belong the authority OF the
Bishop" 1T is decreed that all churches, with
their possessions and titles shall be In the posses
sion OF the Bishop, and shall always remain SUBJECT
" TO his authority. 49,,
Decree XVII Of the PlenaIy Council of the United
States of North America, at Baltimore, lsSs, says;
1--WE warn priests who have the adminisna!on Of
" churches, &C., not TO appoint trustees IN
them without the authority of the Bishops, nor TO
permit the faithful TO elect them, lest difhcaites
should arise 10 the free administration OF them.
Father Butler, who called as witness on THIS
poipt stated that he had been twenty-five years
priest aud made sixteen years of study-mcluding
canon law; that in Catholic eoun mes, where tne
forms part of the civil law there are priests
set apart for its study but there are no canonists IN
America. The csnons of the Church mos, positively
give the appointment of trustees 10 the Blshop Such,
too had been the usual practice in the Church, and
such clearly the teaching OF the bio'e IN inc io
lowing passage: An,
Look We out from among you seven men, hhed
with wisdom, whem zee may appoint over these
things" A. M,
Councils of Baltimore-the last canon dated IN ~,
hook bore date having been printed in 1851
lie acknowledged himself puzzled by this seeming
contradiction but explained il by stating that cansns
were of authority until they had gone 70 40 ana
been approved, and then they received their date.
Wines also stated that the term religious use In
deed or gift property 10 the church. meant not only
for The of church building but OF residence
for the cure also for shoot houses convents, hospi-
tails colleges and orphan asylums. He would prove,
by thousand canons, that al these were reg rded as
"religious uee.'
Father Kubr cure the priest in charge was also
called as a witness. He stated that the lot on which
the church was built was purchased for s7oo Of
this :72 were raised in Newport. the balance and the
money for building the church he had obtained from
the following places: ,oO
from rom yi@s"s austria 1900 elders shout a9 700
from 81 Louis .'''''''''''''''''''''''''''' 10
Also something from Philadelphia aud Baltimore.
Said he: " l built the church more than any other
"person." He stated that the school house was for
the same purpose the church-for religious edaca-
ton PRINCIPALLY The scholars we're also taught to
read and write but that was not the principal The
chief things taught the ca'echsm, prayers, and
the doctrines aud principles of the Catholic Church
When the bishops trustees were appointed, they
had demanded from the congregations trustees the
money and records of the church. which they OF hrst
refused to give up. In the course of the evidence on
this point appe AIRED that it customary Tor the
Catholic Church TO become the banker of its men,
bers-borrowiDg their money and for this purpose
the bishop and cure were authorized to bind the
church property. One of these notes was produced
in evidence ana was translated as follows:
BE known all that the German Catholic Church
Of tb. Mother God Of Covngon IL hsld and bound
the hundred dollars with interest AZ six
cent and for 'he Of +O the said Church OF the
Mother Of God is bound 10 the said -.-Oct 10, 1884,
(sgned) r. hohh' rst'f'
49, secresry"
A large mass OF evidence was also introduced In
regard to the two localities.
At lOJ o'clock on Saturday night the Court ad-
journed. The argument will be heard and the De
cision given on Thursday evening next.
CIscIsSATI, Thursday, Oct. II, le0s.
The Court granted the in junction applied for.