New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-10
TIE COCRTS.

CHANCES IN THE JEWISH RITUAL.
PROTEST OF . MrHBFR or TIE CONGREGATION
B'NAI ushUKUN-,N INJUNCTION AGAINST TIE
TRUSTFFS u MED.
Judge LAIR, more, in the Special Term OF
the Court Of Common Pleas, denied yesterday The mo
ton in the 81 IsIa" j. Solomon ag;. The C0nSiea
t.n I}Nnal Jcshurn, for injunction restraining the
tru>tc., Of that Congregation from mlGing certain
changes. Tho plaintiff claimed that tie Congregation
xa organized for Tie cypress purpose OF serving God
decor ing 20 the rtcs Of the Polish Jews and that the
innoyaons proposed by tie trustees the che OF which
both sit in the same pews ana 70 lu-
rroducc an organ and on0ir not merely formal but
matters Of substance IN The views Of thoso holding to tho
Polish rife Judrc Ialromore decides as follows:
The plaintiff member of the religious nc"rr Jration
BNai Jeshurun, SEEKS 10 cnion the trustees Thereon
from naaing certain proposed alterations IN the syna
go.-c or church edHcc belonging to said corporations
sucl alterations il claimed will not only affect his
temporI rights D. pewowncr but arc int ndcd also to
chang and subycrt the established rules and spiritual
usaees of said incorporation by permitting the pronis-
cuona assembling of the sexes during divine worship.
This religious society incorporated l~2", pur aant
The act Of April J. 1913 and ITS mod ~ worship has
been in accordance with rites and usagcs of the
Polish and German Jews In the synagogue in Thirty
fourth ST. which the members Of the Society own
and occupy the separation Of tie during divine
worship has heretofore been observed the males occupy
ing the ground floor AMI the females occupying the
gallly ciiicc. Anon the lIOP ed acratlo ne
Is th' construction Of IcWs IL when ln,inI~rs
plaintiff insists is immodcsi, unchas', and unlIwfu
contrary 20 TIE discipline and rule Of SAID congregation
and III violation 81 his rights as 4 pewOwncr. IL does
acquired ny il subject 10 any condition ~ 10 the
mode ct worship 10 be adOpged or continued. Nor l.
there anything that effect in the certificate OF sale OF
tbc Iws purchased ty Tie plaintiff Re thereby acquired
exclusive occupation thereof subject 70 such rules ard
regulations said society might Impose. That said SO
cety possessed the rig 10 make changes in its mode OF
worship is shown by the fact that heretofore alter atoms
In It's ritual adopted by the omission of prayers
anu me liaHSslt'h o "irrs u Inc separation OF tLS
seXes during dvlLe worship he cardinal principle OF
the faith Possessed 10y This society then gOOdy portion
o H. membership nave sanctioned hrevouS error Bnt
such elution J. not possible IN view Of the opposing
nhdtiis by winch u appears t,al ne question of iath
in, o,ei j. ia least Of doubt. leave il therefore,
vince it properly bclOpgs, to the judoaure Of the
Nor can hold in face Of the papers submitted that
the meeting hld - .ad Sccsiy Ma! 49, $50 Ht Nh,cn
the proposed ALLEGATIONS adopted, trf1sIlry
cor, ci,d OF The acton tlcn takcl unlawful In ths
sLoN not only that all qualified chcto were duly no
uhd % tr iimr, pacc and object Of said meeting ana
The minutes ~ it, Iipcccnss bu. also The subsequent
raheatiOn thereof by the Board of Tiasces Of said
eieiy ana hy large number II such electors On tins
ground ncTicrc by injunction would he Improper and
. unauthorized Plaintiffs equities are denied by The
sScr which that the alterations contemplate are
The Increase OF it, revenue. Plmnua has not sustained
AM W uiary loss damage by icIn OF the action OF
oa hi- dv az law Is ample Thus much fof the qucs-
nons rs'i on The Argument independent Oh the eiht-
This 3sc there statutory reas0n Ia and Ms. BY sec
Ron ~ tne act or AI D, lSl3, the trust eS O every
church congregation society are dutIOIIHed ana en-
cred other Things to take into their
and custody all the teupOrtiticS belonging thereto,
Whcilr tine consist OF real or personal estate to
hold and enjoy all cluToh-s ,etiug houses, etc. and
also repair and alter the and erect others II
Necessary said trustees si,i also Lave power 10 make
rul and orders dr managing the temporal afsFs If
such church an a. regulate ana Ortr the renting Of
pews therein 3 H. =. Ednonds Ed $50. The trustees
Of ho Society BN jeshnrun had legal right 70 make
TIE alterations question without any action On Tic
part ~ said society. But such action having been taken
Ia thc instance. and sui scqucny ra'incd ny said
trustee is binding and conclusive upon TIC plaintiff and
ali the members OF said society.
IAe aOOn Tor permanent injunction must therefore
he denied.