The morning star and Catholic messenger., 1877-11-18
The Church In Court.

Court of Common Pleas of Wil'iamsport,
Pa, has decided against Bishop O'Hara in
case apparently of mere ecclesiastical
Jurisdiction. From the very imperfect
statement of facts in the telegram it ap-
pears that a Father Stack had been sus-
pended by the Bishop from pastoral charge !
in Williamsport and prohibited from exer-
cispg any priestly function there. Judge
Gamble decides that this action OF the
Bishop was contrary to the canon law aud
that, whether it was OF not, it was con-
trary to the law of the land.
We have no idea whether or not it was
contrary to the canon law, for we have no
remembrance whatever of the transaction.
We do not know what the alleged offense
was, but we have a very clear idea of the su-
premely ridiculous attitude in which Judge
Gamble has placed -his Court. The Bishop
has said that Mr.. Stack shall Eot ofhciate
as priest; the Judge says yes he shall.
Which of these two will the Catholics OF
the place beedf Does the Judge imagine
that his decree will furnish the rebellious
priest with penitent, much less congre
CATION or q churchf If the Catholics of
Williamsport are unwilling to revolt from
the Jurisdiction of their Bishop and from
! the unity of Rome, they are not going to
wait for permission thereto from Judge
Gamble. They have known all along that
even if they should choose to consort in
religion with seme Protestant preacher
they were at perfect liberty to do so.
The absurdity of this affair is something
that rises actually to a certain height of
grandeur. Bishop O'Hara has also said,
virtually at least, that no keretical preach
itual functions of the priesthood. Does it
require suit at their hands and decision
of the Court of Common Pleas to establish
their rights or what they regard as such
Certainly not. They just go ahead with
out the slightest regard to Bishop O'Hara
or to the Pope who speaks through the
Bishop. The reason is that the people TO
whom they preach are the only Court that
can possibly decide such question effect
ually. If they can get followers they are
independent of the Courts if they can't get
them, the Courts will be of no service.
The question is a purely spiritual one,
and we are unable to imagine the meaning
) of Judge Gamble when he says that the
Bishops action wac contrary to the law OF
the land. If SO, what part of the law
What specific statute7 We know of nc
law in this country reaching to spiritual
interests. These are generally supposed to
be left entirely to individual control while
civil law takes cognizance of all kinds of
temporal rights and interests. If, for in
stance, o religious community owns prop
erty, that property is as fully subject as
any other to the control of the courts, but
as to any question upon the truth of a
doctrine it would be absurd for a civil
Court to entertain jurisdiction. There ie
no pretense of power anywhere in this
whole Government to decide such a con
troversy.
And questions of discipline are on pre-
cisely the came footing. question OF
discipline is simply question of authority
and the existence of that authority is as m uct
a dogma or doctrine as that of the Real Pres
enee. The Pope says you shall fast on certain
days. No civil court can entertain any
J sensible supervision of that subject becaus'
the Pope does not pretend to hold hi
authority of the temporal law or subject t.
that law, and the persors 10 whom be Sd
dresses hiA conmArdk have the EaDe vie7
as he has of his authority. In The same va
Bishop O,Hara by TiTtpe cf lie authority
l not derived from the State and nc
8 dependent or the STATE, conmAnds' th
: Catholics OF WiIIismsport lot TO des
with Mr.. Stack as priest exercisin
priestly functions. II is question Of diI
. eipline, d question Of Sutbority. supPos
that the Bishop exceeded biz pswer an
/. did not have authority under the Churc
,. to 20 30 far ae he did, no Catholic is goin
), TO accept tue opinion Of Judge Gamble {
that point as decisive or even valuable.
l. Catholic bss doubts on such point
knows where 10 carry them for eolutioa.
er Judge Gamble has therefore assumed
er decide question in which no tempor
interest wac involved, be has given