The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-17
A CONTEST OVER JEWISH GENIE
TFRTFS

temporary injunction was granted oy Judge
Dononue In Supreme Court, Chambers, some days
ago. on the complaint or william NJ. Blume, Sam
son Roseman and George HeYman against the
trustees OF the Iewisn Congregation Temple
Bethel. to restrain them from dsinterring the
bodies OF relatives OF the plaintiffs ana Others from
two OF the Jewish cemeteries IN this city. Tne
matter came before Judge Barrett in Supreme
Court Chambers, yesterday, on a motion TO make
the Injunction perpetual, ex-Judge Cardozo ap-
pearlng Tor the palntiffs, ana George III. Gearnon,
Ferdinand KurtZman and William Strauss Tor
defendants.
The complaint sets forth that IN 1928 the con-
gregaron Ansnl Cnesed was organized By act or
the Legislature a. corporation OF orthodox He
orews; that subsequently the Adas Jeshurun was
INCORPORATED as a congregation OF Reformed He
brews; that IN 1880 the Cnesed congrep alton pur-
chased land on the west side OF sixth avenue, De-
tween FOrty-ntn and Forty-sixth Streets and on
the south side Of EighIy-nintn street. between
Madison and Fifth avenues, as burial grounds
thar bOtn we're cOnSecrated according TO the rites
aud ceremonies OF the thodox Jews; that tue
Cnesed congregation were entitled TO burial there
that members OF their famiiles were buried there
years ago, aud that IL Is a doctrine OF the
orthodox Hebrews not to dlsinter the dead. the
complaint further states that Tor twenty-five
years inIerments IN these grounds were forbidden
ny tne ca authorities. out that said cemeteries,
purchased with the funds OF the Ansni Cnesed,
were considered molly In 1873 the trusl ees OF the
Anshi Chesed, contrary, 1t Is alleged TO the wishes
oil q number oil the members OF the congregation,
amalgamated with the Adas Jeshuran ana formed
a new congregation chartered as the Temple
III.
ants hold 10 be illegal The trustees OF the new
congregation gave notice that on a certain day
the bodies oil those buried IN the two cemeteries
should be disinterred ana removed 10 Temple
Betn-El's new Union Field Cemetery, when PLAIN.
tbs alle4e TO Ue unnecessary, violation or
the feelings OF orthodox Hebrews, and meant TO
be done from mercenary motlves-lhat IS an
order TO sell the GENE eries for building iors. The
answer denies that there IL any doctrine OF the
Hebrews ior0iddlng disinterment OF the dead. IL
seis iorih that there IS no such congregation as
Ansht Cnesed, II having been amalgamated With
the 0tner that Temple Bethel Is existing under
act or Legislature, and IS owner OF all the property
OF AnshI Chesed; thar, owing TO the rapid
CROWN OF the city, the cemeteries IN question are
unsuitable Tor such purpose; are surrounded ny
business houses, and covered with nltn ana gar
bage; mat defendants only propose TO remove the
bodies Tor decent lnterment In suitable place at
their own expense, and that n tue lots are sold
the proceeds VIII De devoted TO charitable pur-
poses.
petent Tor the trustees as for a majority OF the
corporatOrs OF the Ansnt Chesed 10 transfer Its
properly, and thus put tue corporation out or ex-
istence against the dissent oil those VINO opjected
that the Court had power only to consent TO a sale
OF rne property OF religious corporation, not TO
a disposition OF It's property, wnich DESTROYED II.
He cited toe Baptist church case 10 the Court or
further that the act oil the Legislature
subsequently passed. confirming the transfer
was Unconstitutional; that the Legislature could
not thus transfer the property OF corporation TO
another against the objection oil any eorpOrator;
tnaE, there being no trustees OF the Anshl Cnesed
now the only persons who could bring the suit
act OF consolidation was vOic tnen the Temple
BETHEL mad no right TO interfere with the prop.
erty, and that therefore the injunction should
THESE views were controverted by Mr.. HUMAN.
who claimed tnat the act OF the Legislature con-
nrmlng what the majority nad done covered the
whole difnculiy and made the transfer valld.
Ex.Judge fr6ozo Drieny replied. ana the Court
took the papers and reserved the decision.