Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1883-11-08
The Ringing of Church Bells.

Total, 1906, 900, 600
The Ringing of Church Bells.
n. Y. Tribune.
Mr.. Jackson S. Schultz has proa-
ised that the subject Of church bell
ringing shall be thoroughly set-
tied in the courts. While the law
yers are consulting it behooves nli
ministers, church wardens and thus
tees to consider seriously the exact
state of the law Of the subject hs mt
present laid down, so that the
usages Of their respective churches
may he brought strictly within legal
limits. Few cases on the subject
have as yet been decided in this
country, though in London the
question has been thoroughly
threshed out. Where the circum-
stances are similar the American
Bench will probably follow the
ruling Of their English brethren.
The amount of be!l-ringing that
constitutes n nuisance depends on
the circumstances of each case. 1t
may, however, be laid down broadly
that no ringing Of church bell ~
nuisance if it be reasonable IN
amount, and during proper 'hou1.
In the "a ,e of Davis VS.. SAWYER, the
Supreme Court of Massachusetts
put stop to ringing factory, bell
at and 6 a. m. The bell was OF
great size and the compiainants re-
sided on higher level than the
bell, where they got full benefit OF
the sound. In this case the Court
commented on the size of the bell
and other circumstances, holding
that the bell-ringing was unreas--
enable. both rs to amount and tims
In the case Of Leete vs. Pilgrim, a
st. Louis case, the court enjoined
the ringing Of the bell of q Congrs-
ga.ional church between the hours
of 8 p. II. and Z q. nj. In this case
the court seems TO haye held that
from 7 a. IN. to 8 p. M. q church,
bell may be reasonably rung to sum-
mon the congregation, In the case
OF Harrison vs.. st. Marks Church
the Common Pleas Of philadelphia
allowed the ringing of church bell
two minutes at the half hour before
service, and five minutes just before
service. In these three cases we
find the law OF bell-ringing reduced
to three points which all church
authorities should note. Unreas-
enable ringing !~ill be stopped;
moderate ringing at reasonable
hours will be permitted; but even
moderate ringing at unreasonable
hours will be tnjoined. afwte
The great case in England, which
de .idei the law so far as the old
country was concerned, was that of
Soltan Vs. De Helde. 1t was
fought from court to court with the
greatest pertinacity on both sides.
The plaintiff was a strict Protestant
who possessed >emi-detached house
at Clapham. Here he lived in peace
until the unoccupied balf of the
building was secured by the he
demptorist Fathers. AS soon as the
society came into residence ~ bell
was placed on the roof, which heg
continually rung night and day. At
five o'clock in the morning it rang
for mathis and lauds, then for prime,
breakfast, sext, nones, dinner, and
so on, until 10 o'clock at night. In
fact, the bell was always ringing.
In 1851 church was erected on
the site and the single bell on tho
roof developed into an entire peal.
Between the bell in the chapel and
the peal III the church, the neigh
bors certainly had a lively time.
At last proceedings were taken and
the case brought before the court
In delivering Judgment, the Vice
Chancellor said: "a peal OF bells
may be, and no doubt is an extreme
nuisance to any one Lying within
few feet, ur yards Of them; but to
one who lives at distance, although
within reach of the sound,1 they
may be a positive pleasure The
learned Judge also quoted the dictqm
OF Knight Bruce as IoilO". OuRhe
this Inconvenience to be considered
in fact az more than fanciful,
or as one of mere delicacy and fRs-
tid;ousneas; as an Inconvenience
materially interfering with the or
dinary comfort physically of human
existence, not merely according to
elegant or dainty modes, and habits
of life, but according to plain and
SOBER, and simple notions among
English people?' It vas on this
principle that the case was decided
and th. law has been upheld. d.Ohurch 7
bells mnst not be rung at unearthly
hours when reasonable men want to
sleep; but the law will not inter-
fere to project the slumbers OF the
;5ybarite who, at IL a. M, IS trying
to sleep of the effects of the prece-
ling evenings exeesses.