The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-01
court REFUSES CHARTER
There Is Already One st. JoSeph's
Lithuanian Society in Existence.
SOME POINTED CRITICISM
Contained in the Opinion In which Judge
Archibald Refused TO Grant q
Charter to st. Joseph's
Society No. =.

Judge Archbald handed own an Opln-
ion yesterday refusing to grant char
ter to st. Joseph's Lithuanian Catholic
church of this city for the reason that
there is already in existence a church
society of the same name, although not
incorporated
The st. Joseph Lithuanian Catholic
church Is situated on North Main ave-
nue., Providence, and has been there for
more than year, during which time
an organization of the same name has
been in existence for the purpose of car
rying on the affairs of the church.
This society was not Incorporated.
Last August number of members OF
the congregation headed by Michael
Bernotas, disagreed with Rev. Michael
Peza. the priest i'm charge of the church.
and one day they took forclble possess
sion and nailed the doors and windows
of the church building Police officers
were called and u number of these men
We're arrested.
A division OF the congregation fol-
lowed and Bernotas and a number of
the other dissenters organized another
society known as st. Josephs Lithua-
nian Catholic Society. 1t is this organ
ization that the court refused to incor-
porate. After the application for the
charter was filed protest against
granting it was presented to .-.e court
by Rev Michael PeZa and forty menu
bers of the original st. Joseph's society.
The opinion Of Judge Archibald is as
follows:
Opinion of Judge Archibald.
The case as 1t Is developed presents the
following state of facts. The consrega-
ton of the St. Joseph's Lithuanian cain
Ollie church has been associated together
for the purpose of public religious wor-
Sh nrporUinp ClStOm and observance
of the Roman Catholic church FOR aDout
two years. Recently they purchased some
real estate for the purpose OF erectihs
church ediflce. the contract being taken
in the name of trustees on account oil the
association being unincorporated But
difficulties having arisen with regard to
the government of the church as reliS-
iOus society those who now Apply ior
charter have separated from the large
body of other worshipers and propose TO
set up something new for themselves. In
so doing they wish to carry with them
the name so far used by the congregation,
taking advantage of the fact that the lat
ter is unncorporated.
That they expect in this way to ac-
qure a substantial advantage In con-
troversy over the church property we have
little doubt. 1t Is not very probable that
mere regard. for this one saint above all
Others in the calendar Is what actuates
them. We do not believe in permitting the
theft Of u name any more than the unlaw-
full appropriation OF any other species or
property and We will not be party to
such scheme.
1t May Acquire Rights.
Even an unincorporated corporation by
the selection and use of name may ac-
auire rights which others ought to re-
spect and we see no reason why those VINO
seek incorporation at the hands of the
court or executive should not be COM
PEELED to do so. Why should the rights of
those who are asking this high favor rise
superior to those who are asking none and
in inquirlng, as We must, whether the In
coporation sought for will not be injurious
to the community why should we not hold
it so where there Is such substantial
infringement upon the possessions or an
other as this. Never as venture to at
firm Is there any assumption of a sim!-
lar name to that of an existing corpora
ton or society without some over-reach-
ing purpose involved In 1t. Sometimes II Is
u business advantage. sometimes 1t Is Il
manoeuvering for position with regard to
property, sometimes desired dtsplacc-
ment in rank or privilege. 1t seems to me
that courts which sit for the even admin
istratiOn of justice ought to frown upon
such eoffrts and compel due regard for
that which is just and honest In this re-
spect as well as Others.
If the case of the First Baptist church
of Philadelphia 6 Hazard. Pa, Rig. 220,
to which we have been referred, seems to
conflict with what we have said 1t Is 10
he observed that the court there stood
three to two upon the question. a division
which seriously impairs 1t as q precedent;
furthermore, as ] understand that they
had no discretion in the matter under the
law, as there was a limitation which no
one now asserts, and In the First Presby
teran church of Harrisburg e Grant,
2iO) the right to refuse a charter because
of the selection of conflicting name was
distinctly recognized and enforced. We
think the authorities should take a firm.
stand upon this question and we there
fore withhold our approval of the charter
presented on this ground.