Workmen's advocate. (New Haven, Conn.) 1883-1891, 1888-06-30
CHURCH AND STATE,
A Western Judge Makes a Logical
Decision.

Answering petition to appoint
Preacher Greene administrators of
the estate of Dead-man Hartman,
Junius Rochester, probate Judge of
King county, Washington Territory,
gave the following decision:
"Mr Greene is Christian minister,
actively occupied and engaged IN lis
| work as such, and, otherwise. the testi-
mony shows, Is suitable and compe-
tent person to administer such estate
"Section 1888 Of the code of Wash
ington provides that In the case of the
lister upon an estate to apply for letters
then the probate court, or
judge, may appoint any suitable and
competent person to administer such
estate a.. ....
The only question for determination
here is whether man who has dedicated
his life, talents and energy to the service
of Christ as minister OF his church, is
a suitable and competent person to be
appointed an officer of the probate court
within the purview of this statute, The
discretion TO determine the question of
suitability aud competency OF the appli-
cant for letters rests III the probate
judge.
81 desire to state, by way of preface,
my high appreciation of the Christian
when confined to their own proper func-
tions. There does not appear to be one
charitable motive in this application,
but SO far as | can see, it is only buol-
ness proposition. Down to d very re-
cent period in England, all matters per-
tanning to the settlement of estates be,
longed to the ecclesiastical courts, and
after repeated collisions between the
judges and bishops, in lS57-only thirty
years ago-courts OF probate were estab-
lished there. In America, however, it
has always been recog lied since the
adoption of the federai Constitution in
1889, at least-that liberty was only pos
sible in total separation of Church and
State. The founders Of civil and relig-
ious liberty recognized and declared tins
principle in the first amendment TO the
Constitution, and if there Is any dis
tinguishing characteristic of American
liberty, it is separation of Church and
State, absolute and total separation of
the secular and ecclesiastical. All expe-
rience shows that where the clergy med
dies or interferes in politics the church
becomes supreme, and she has always
abused her power to the destruction of
liberty.
"And further, if in this case the peti-
toner is an honest man, called of God
to preach his gospel, then | presume
from my experience and observation
that he is totally unfit to conduct the
financial affairs of others, especially of
an estate in the condition of this.
"lf he is not such a man. then he is a
hypocrte, an impOstor and cheat and is
not worthy of any position of trust.
"With these views, | cannot but con-
clude that petitioner is not suitable
person to be appointed administrator.
81 desire to say, in conclusion, that so
far as know the petitioner is a worthy
Christian minister, and | take pleasure
on that account in refusing the prayer
of his petition, as think such duties are
unworthy his exalted calling.
"A Judgment will be entered in ac-
cordance with this opinion, and the
clerk of this court is ordered TO enter
this opinion at large upon the Journal
of the court.
The Rev. Greene could hardly
take exception to the gentle Ian
guage aud evident tender solicitude
of the judge for the purity of
"Christ's ministry" Mr.. Greene
won't be tempted to cnarge usurious
rates for administering Hartman's
estate, and thus, perhaps, save his
soul from States Prison.