The New York herald., 1871-12-27
Important Issue Before the
Pennsylvania Courts.
A Priest Contests Bishops Order of,Removal-
Opinion Of Judge Gamble-The Priest Vic
torious-Is the Canon Law Of the Cath
M ohio Church Applicable in Americas

important case as IL IL the nrst Instance where the
civil has been called upon TO adjudcate upon
the proper application Of the canon law OF the
Roman Catholic Church. The action originated
from the following iacts;--a "A ass#
Father STACK was exercising his priestly duties
over the non-German Catholics Of Wnlamsport,
when, without the semblance OF Q charge against
his character or alleged derellction OF prlestly
duties, he received letter from Bishop UHara for
bidding him to longer perform the duties OF priest,
even 10 Say mass ne had cosed the church.
The father OF the German Catnolic church at the
the Same time received q note, directing hun to
take the keys OF the Church OF the Annunciation
and hold them until furtner orders To bring the
question 70 issue, Father STACK, with duplicate
keys, opened the churcn and held service therein.
as he was desr0us OF having the relation between
bishop and priest fully tested-whether man
should be executed nrst and tried afterwards tax.
ing the precise position assumed by the Freenan's
Journal some years since. He appealed to the
civii law and an Injunction was grained. Upon the
hearing elaborate and able arguments were made
BY the learned counsel on both Hdes IN which she
records Of the Church were traced from the earliest
councils to the present time. The Is Of great
tire Roman Catholic Church Of America. The In.
ulcsion IS continued as Will be ascertained by the
DECISION OF JUDGE CAMILLE.
o. arsx ouMrv Sr TEE 9sshT OF
& .s M s so e. % % @ w
~: CoaI, e ..sips .
:aes =, M The
s6s AnnSncia9n composed Of me Catholics
and Of an annual income with other rights ana
9Th Of November last, By note
Tnosson function IN Will %Wian:por and . son,nas; said
ss Rsss.
nS e. to sc s s
ment that no regular scc9sation hearing trial
.
FLED their petitions Withdrawing parties 10 the oi
he q
ana grhlS from he Of pris
81 n a . % s m r. y 1 e the
this &C; within III the an .a,hSr.y Of the
u oaiosorss Of cInIca and ,ss Court would
s ss s0p epa a vsn Ts s Of %
ysdes The rights q the other tho civil courts
This not an question: Minvoves no matter
Of faith discipline or aocrn. The cOnpl.n.ni does not
Church but simply complains thai the unlsw
he exercise and enjoyment Of s.. ''I .wsal
.1s q ss o o s' o oG %
e n ss o Sa there can
The n a. in M M S. and The con
sn 10 II
tas .Ss
Re s entitled 20 honor and distinction Or 10 the
q Esscar Mssee sla Is an estate acquired 10 sro.
. scono na sn
sn :: es6 right Fl VIZ x. 2 Ss s n
81 TEN % ,pS *. n
ooas % % ss and ss
and q O trad nd
sary order to deprive Of parish parish
can only imposed The %anneI and sn form
Claimed sy ,ls piansS IA this universe. in
exist. organized state That there duly
@ aSa S & xs . s.aS %
q s Ses sess s her ns
sae an. Soss aas eo
sary 70 the essbs6ed laws q the Churcn ope Bsnecct
xlv book III chapter s. Council Of Trent chapter is
The defendant admiu tha, the ecce.asca code Of the
countries which scfnowiedre he authority Of The Pope
aene, that these Avs are force n this counry and al
ssmsnts q ,be penary Council Of Bi.Sops are adop,sd
ss s ss as nf d
s &c s & ss s.. want q S. TO
eresn legislative ensctmens oi the States n this union in
ned 'sss sas as nS Of = Il. s ns sHs
Church and can only be missionary church in the United
Ao.eys hi. disputed fact be ne foregoing
sess how shs decIsss Of pe9s council deriving u ,hs.
ne M ns Se any
the Pope than could the ecclesiastical CODE especially
ss
g he u and o e r. 1s o. Sa
ton which protects all alike the exercise enjoyment Of
o. ,h. own consss1es' b in any sense rssrie,Ien
upon the enforcement OF Jaw TIE Christian
and ali Christian organisations or Churches without dsiins
laws su The Seendsni further sasans his position By
@ e q S S e.
se FOR
Ss M sad q m + d % K. s a s %
p ia % sss SSs, s ..w ws :s - Nos .
t appended that they be IN their proper
!, &c
See and therefore binding auhoIy Church lbs
CO sS ss o s~ ~ se % m s snfs
n.ended 10 BE- temporary This expressed IL reerence %
the
should disspns ns unver
a. Whether there has & eeen any action by the
asserted .ss plssils missionary
which has expired By virtue Of s own
%s.,oq The change n The ccadon circnm.iancs.
authority saaaoed 70 sustain ins assertion was the
ues as s sa ,cas s sucso S sa. c
sopsssasa y .rssbsGp: suS Bishops. % With ur,:ds,on
laws q the church. TO be regretted that au,horty
N s SSi'a for nS % % e & hs
mept II 10 OF the rst importance the adjudication The
case and doubtless bs settled by auhorNes
tnvestigaon, for the present and consider the
under the construction Of the decress Of hs
Plenary Council of Baltimore.
BY paragraph No zoe declared the faculty Of a.
signing prssts exercise the sacred ministry any Of
Judge fitting In the Lord, pertains heads Of the Church
IN these United States And ali preats admonshcd
mindful OF the obedience promised in their ordination, and
that they must not refuse 10 attend 10 any mission
appointed by Bishop, II he Judge that they
can there have mtnosncy for 2 decent support
OF themsewcs And In paragraph No 1 they declare the
discretionary In terms which ght be
frat II considered with
relation 20 the other DEGREES the Eubec, by
the Council Bus In considering the construction OF
this be that the Council
guarding against being understood by implication 10 using
The ssparOchia right" "psrsh" "parsb presS
granting 10 The rector any church the right imova
biv therefore power
wheh the bishop has, from the acknowledged discipline
these provtuces OF deprvipg priest o his once
charge OF uansf0Trng him sn0ber This
port 10 eIens}6n enlargement Of power oil tl1
Bishop, hut simply the reasserfion of existing power