The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-10
THE CONGREGATION B'NAI JESHJ
RUN.

suit very interesting TO Israelitish pew-holoers
especially and in less degree TO all holders OF
pews in churches was decided yesterday In an
opinion rendered by Judge Larremore In she
Special Term Of the Court Of Common Pleas. The
following is the opinlon, in which the history Of
she case is succinctly and forcibly told;-
The plaintiff, O member OF the religious incor-
poYation B'Nai Josnurun, seeks to enJoin the
trustees thereof from making certain proposed
alterations in the synagogue or church edince
belonging to said CORPORATION. Such alterations
1t is claimed, viii not only AFFECT his temporal
rights as a pew-owner, but are also intended
TO change ana subvert she established
rules and spiritual usages OF said cor
poraton by permitting the promiscuous
assembling OF the sexes during divine worship.
TINS religious society was incorporated in 1879,
or worship has been in accordance with the rites
and customs and usages OF the Polish ana German
Jews. In the Synagogue in Thirty fourth street,
which she members of said society now own and
occupy, the separation OF the sexes during divine
occupying the ground moor ana the females occu-
plying the gallery OF ssch edifcs. Among the pro-
which members of the same FAMILY may sit to-
geJner, and this, plaintiff insists, is immodest,
and rules Of said congregation, and IN violation
OF his rights as rew-oWner. II GEES not ap-
pear tnat the properly now neiu Dy saIu
dirion as to the mode OF worship TO be adopted or
continued, nor IS there anything 10 mat e1ect IN
the certificate Of sale OF pews purchased by the
plaintiff. He thereby acquired an easement IN rte
pews In question and the right 10 the exclusive
occupation thereof subject 10 such rules and reg
uations as said society might impose; that sad
society possessed the right to make changes In its
mode OF worship Is shown by the fact that hereto
fore alterations in It's ritual were adopted by the
omission OF some prayers and the ransposilion OF
others. II the separation OF the sexes during
SIvine worship be cardinal principle of the faith
protested by this society then goodiy portion OF
It's membership have sanctioned a grievors
In view OF the opposing anidayts, by which IL APP
least one OF doubt leave il, therefore, where It
properly belongs TO the judtcature OF the CHURCH.
Nor can / hold In face OF the papers submitted,
that the meeting held by said society, May 10,
1875 lat which the proposed alterations were
adopted), was irregu arly convened or the action
then taken unlawful. In this particular the
weight OF evidence is with the defendants showing
not only that all qualified electors were duly no.
tilted of the time. pace and object or said meet
ing and the minutes Uf its proceedings, but also
the subsequent ratification thereof by the Board
or Trustees OF said society and by large number
of such electors. on this ground interference
BY Injunction would bs improper and unaathor-
Esu Fs3.b avsrs mai the Alterations coutem
plated are for the beneE. and convenience OF SAID
society ana LOT tne laSrese ~ M tGo I've n
damage by reason OF the action OF said society,"
II such shall hereafter prove TO be tne case his
remedy at law IS ample. Thus much for the ques-
TORS raised in the argument. Independent oil the
equitable deleaces, which preclude permanent
Injunction IN ths case there IL statutory reason
10 aid Us. BY section OF tie sct Of April 5, 1873
the trustees OF every church congregation are
Authorized and empowered. among other things,
to take into their possession and custody
All the temporalltes belonging thereto, whether
the same consist Of real or personal estate, hold
and enjoy all churches, meeting houses, &e., ana
also TO repair and alter the same and erect others
If necessary. said trustees snail also have power
to make rules and orr1er5 managing the temporal
affairs OF such church and 10 regulate and order
the rem ting OF pews therein. q II. y, EdmnnGs'
edition 6s7.) The trustees OF the Society B'Nai
Jcsaurun have a legal right TO make the altsra-
lions In question Without aAy action on the part
or said society. But such action having been
taken in the first instance and subsequently, rati-
fed by said trustees Is binding and conclusive
society. fne motion for permanent injunction
must therefore be denied.