The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-12-08
THE RIGHTS OF PRIESTS.
LIMIT SET TO THE BISHOPS POWER
BY ii BONACUM DECISION.

Importance to che Catholic Church Here OF
the Dispute Between BIshop Ronncum
aud Hts Priests, Which Has just
Been Decided by N Metropolitan Court.
LINCOLN, Neb., Dec. The decision of tho
Court OF the Metropolitan on tho appeal OF
Fathers Fitzgerald and Murphy from the sem
tence of expulsion issued by Bishop Thomas
BonRcum of the see of Lincoln is of far
reaching Importance, as II defines the authority
of Bishops Of the Catholic Church OF America
over priests. 1t Is the first Metropolitan Court
held In this country In years, and the Judge
Delegate. Father Baart oil Marshall, Mich. is
recognized rs the foremost exponent Of canon
ical law in the West. Archbishop Hennessy
convoked the court, and because of the qucs-
lions of canonical law involved. appointed
Father Baart as the Judge. The question
primarily involved was whether or not the
Bishop had absolute power and authority over
his priests and tho right to order them from
parish TO parish as he pleased.
The see Of Lincoln was created in 1887. and
Thomas Bonacum, q priest Of the st. Louis
archdiocese, was named as Bishop. His terri
tory comprised all that section Of Nebraska
lying south of the Platte River. Bishop Bona
cum is a German. of strong will, and In his long
fight with his priests has developed great pug
nacity. His first troubles we're with Patrick
Egan and John Fitzgerald of executive STAFF of
the Irish National League over his prohibition of
the collection of League funds at the church door.
Later he became embroiled with q number of his
priests. and in 1893 nine OF them signed n series
Of charges affecting his character. his admins
tration OF the financial affairs OF the diocese.
and his competence as spiritual director OF his
priests. These charges were lod ged with Car
dinal Satolli. who promised a hearing, but never
gave one. An appeal to Rome resulted in an or
der from the Propaganda that Archbishop Hen
messy should investigate the charges. The Arch
bishop paid u visit to the Lincoln diocese. heard
some testimony from members of the church.
but none from the priests, and his report was a
practical whitewashing Of the Bishop.
Immediately after this report had been made
public Bishop Bonacum began an aggressive
warfare against the nine priests. Father Eng
lish was practically driven from the diocese.
Father Corbett was deprived Of his church. and
after a bitter legal warfare. during which that
priest had the Bishop arrested on a charge OF
criminal Libel, a truce was declared, and Father
Corbett received his exeat. One by one the
thority OF the Bishop. until only Father Murphy
OF TecuInseh aud Father Fitzgerald of Auburn.
the brains of the priests union. were left. He or
dered them to apologize and, upon their refusal,
cited them to appear before the diocesan court
and answer a charge of disobedience AS the
Bishop proposed to act as judge and prosecutor
both. the priests made no appearance, and he
adjndged them guilty of contumacy. His sen
teuCe was rtLnONal from tntlr parishes ana sus-
pension from their ecclesiastical functions for
eight weeks. six of which they were ordered to
near Montreal. Canada, where. in holy medita-
ton and penance. they shall atone for the nu-
merous scandals, given to the clergy and laity OF
Relying upon the fact that Bishop Bonacum
had given a written promise to Cardinal satolli
that he would attempt no retaliation upon tho
priests for preferrlng the charges. and believing
lie was exceeding his authority. the two priests
Deale0 10 hRr. SAtOll from the decision rom
the findings OF Father Baart IL seems that the
Blsh9p misrepresented the facts, TO Cardinal
Satolli and the latter severely rebuked the re-
caicitrants, as he termed them. The Propa-
ganda at Rome was appealed to by the priests.
bishop Hennessy TO convene the metropolitan
court. and hear the appeal OF the prtcs;s. The
Archbishop attem pied a compromise. out failed.
and once indefinitely postponed the case. but
finally was com PEELED to call il for trial.
Meanwhile the Bishop endeavored in several
civil courts to Dust the priests from possession
OF the church property, but in each instance
was defeated eat The paris,oners Of Fa,hsE t titz-
communication and the deprivation OF the
privilege OF Catholic burial If they did not
abandon the priests. but the majority OF them
were loyal to the priests.
Bishop Bonacum was represented at the trial
by a specially appointed procurator fiscal, but
withdrew his presence after the first day and
sent n letter TO the court. the contents o. which
to in the opinion As libeilins the defendants and
disrespectful to the court. The Bishop is found
to have violated cannntcal law. and Is crnsured
49, 49, ,LNt ~ NtA' u IVA
pursuing the defendants from motives Of per-
sonal vengeance. for :alsehood and libel. and
for Misrepresentation OF the record to Cardinal
SRto!li. He Is ordered to restore tie priests TO
their parishes, pay the costs OF the suit. and pay
TO Father Fitzgerald SS15and to Father NGrphy
1925, for expenses incurred in the various suits.
He Is ordered TO com ply with the sentence ofthe
court within thirty days or he will be proceeded
against for contempt.
In speaking OF the decision OF the court Fa-
ther Murphy said to The Sun correspondent:
This decision establishes As q precedent that
will hereafter be quoted in all contentious be-
tween priests aud Bishop. that the priest has
rights the Bishop is bound to respect: that no
order OF n Bishop acting outside the limitations
placed upon his authority by canonical law is
binding or bound to be obsyed; that the priest
who devOtes his time and talents to the build :
ing up Of n strong parish cannot be deprived %:
II arbitrarily or removed from 1t without the
proper preternent Of charges passed upon ~ i
com petent court OF jurisdiction. For n hundred
years the Bishops have been a law unto them !
selves; icy have welded Ill arbitrary power
that amounted to practical anarchy. This
cannot be- Appealed from. and estab-
fishes the rights OF priests for all time"
The decision itself covers twenty-one pages Of !
printed matter. and reviews the case IN all its
details, and applies with great CIearneSs the
law as laid down by the Baltimore
to the question OF the rights OF priests
and Bishops.
GOSHI WEN AVID ySDTY OTJS