The New York herald., 1866-04-21
The Rights Of Jewish Congregations.
CAN THE RITUAL or sYNAGOGUE Blk ALTERED BY
TRUsTEES,
COURT or COMMON PLEAs--SrBCIAL TERM.
Before Judge Brady.


Before Judge Brady.
Nataam Rossman u.s. Ansch CAesed ct al-In this case
the particulars Of which published in this paper
some time ago. and which action involving the
right of tho trustees of the Jewish congregations to
change their rituals Judge Brady has given his decision
As II is Of some importance to the great mass Of Amcr
can citizens Of jewish persuasion. we publish
the findings of the learned Judge In his decision
he says he has arrived at the following conclusions
Firstrhat the congregation Of the Ansch Chesed
originally composed Of certain persons who associated
themselves together for the purpose Of Divine worship
and after continuing unncoporated for about six years.
Incorporated under the general laws Of this State
second--rhat tho congregation formed to
worship In Its synagogue according to the
Ashkinas. or German custom. which IS one
Of three well known forms OF worship observed In the
Hebrew religion, and so called TO distinguish II from the
other two namely, the Polish Minhag and the Spanish
Mlnhag Third-That such design continued upon
their incorporation and expressed in the second article
OF the constitution adopted by the members Of the
poraton. Fourth-Tha the trustees and Others the de-
fendents have attempted to make changes In the ritual
and forms Of service by which the ancient Mnhag Ash
xmas such will be longer observed, though not
wholly abandoned and by which the ritual will be made
TO conform to the views OF modern Jewish reformers,
for whose benefit the Ansch Cheese not Incorporated
Frh-That such changes were not authorized by a ma
ority all OF the members OF the corporation pres
at any meeting regularly called to consider the subject
constitution already mentioned. sixth-That IL
does not appear that the changes were authorized
a
or informally. These are my conclusions Of fact
My conclusions Of law Frsrhat the congregation
OF Ansch Chesed having voluntarily Incorporated them
garded civil corporation, and are governed by the
ordinary rules OF the common law. Second-That upon
such incorporation the title TO the real and personal
property OF such congregation vested in the corporation
and the thereof Thrd-That the Ansch Chesed
as corporation consists Of the male members OF the
congregation who tho corporaors and that its rs
tees Its managing officers invested AZ TO the tenn
poral affairs OF the society with the powers specifically
A, .f.tta saI xutfh nrsa Ata
cretlonary powers OF officers Of civil corporations
Fourth-That the trustees, such, have right to
Alter The form o. worship on hinhas and that lat any a.,
their power, and s In violation OF the constitution
adopted BY their corporation. Finh-Th.t tho
congregation, having established itself and hav.
ing been incorporated for the exercise OF q
particular form VI worship that form be changed
without the consent Of al least majority Of its male
members 30 determining when legally convened for the
purpose. Sixth-That the constitution adopted by the
Anschi Chescd having provided by Its seventh article
for the manner In which any OF Its articles should be
pcaled altered, and change In the Mnhag involving
repeal alteration OF the third article OF tho
such seventh article should be complied with before any
alterations could be imposed upon any member OF the
corporation sevcnth-Tha, as ap abstract question Of
right tho followers OF the design Of the original members
Of the congregation and asAerents Of the ritual ap.
proved by shem have The superior claim 10 the cor.
porate rights and property. Eighth-That majority
OF the male members OF the Corporation Of the Anschi
forms Of worship or Mlphag under the laws Of the
State Of New Tof declared by the court o. last
sort such. change not being radical one from one faith
10 another but forms only; but that, until such
majority have declared 10 favor OF the change, any male
member Of the corporation entitled 70 the exercise OF
the equity power OF tho courts OF .hs state 70 prevent
any change ia the objects and design intended by the
Incorporation originally. Ninth--rhat the plaintin
having bcsn member Of the consress.ion for nearly
twentysx years and owning two seats 10 the synagogue
for the Of himself and WIFE, s entitled 70 an injunc-
on until the further order Of the court restraining the
delegated and from violating the trust orsaisd BY the
. fsnpden q hs eoDorahaA p oarryinS oVt ths< leean