Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1897-10-13
BARTON CHURCH CASE.
Decision is Filed and Rev. Father
Hellstern will Have to
VaCate.

|
and judgment in the case of the congre-
CATION of the Immaculate Conception Of
Barton, Wis. The court had previously
announced it's opinion in the matter ard
this is the formal decision. The court
makes the following findings of fact and
conclusions of law:
| 1. That the plaintiff was duly incorporat-
| ed as a Roman Catholic religious society at
Barton, pursuant to the laws of the state
of Wisconsin, and that its articles of incor-
poration were duly made and filed with
! the register of deeds in Washington county,
and III the Office of secretary of state at
Madison in October, 1883, and at all times
! since has been such corporation.
2. That the plaintiff was the owner of
| the property described in the complaint
| herein, and in possession thereof previous
| to the appointment Of the defendant as
congregation, as hereinafter stated, and is
| still such owner and entitled to the posses
sion OF OF the said described property.
3. That the Most Rev. r. X. Katzer was
at all times mentioned in the complaint as
bishop Of the diocese of Milwaukee,, Wis.
4. That the defendant is Il Roman Catho-
| lie priest and at all times in plaintiffs COM
plant mentioned was under the jurisdiction
Of the said bishop of said church in the
society is located.
5. That the defendant was appointed
removable rector as, such priest by the
congregation on or about the 1st day Of
July, 1883.
6. That therefore the defendant entered
purpose of enabling him better to perform
the duties appertaining to such appoint
ment
Z. That the said relation existing be-
tween the said plaintiff and defendant as
to the possession of the said described
premises, was that of employer and EN-
ploye, and that said possession by the de-
PENDANT was that of his employer, the
plaintiff
o
kee diocese, under the canon law of the
Roman Catholic church, and the rules and
practice of said church had the right and
authority to transfer the defendant as
priest from the charge of said cOngreSa-
ton for such reasons as were to him salts
factory and sufficient appearing for such
ant hearing or trial upon the matters
and things relating to the transfer
9. That the said bishop did transfer to
another congregation in said diocese the
said defendant such priest, from the
charge of said plaintiff congregation on or
about the 10Th of September, 1896. for
without giving defendant hearing or trial:
10; That upon such transfer of the de-
PENDANT as such priest by the bishop, the
occupancy of the premises by said defend
ant as such priest under said appointment
defendant ceased to have any right to the
occupancy. of said premises as such priest
otherwise.
IL. That after such transfer said defend
ant, on demand duly made by D plaintiff,
refused and ever since has refused to va
cate the premises.
II. That thereupon the plaintiff implied
~ acquiesced in the defendants occupancy
of the premises. sufficient length of time
to constitute him tenant ut sufferance.
That on the 10Th of October, 1885, the
plaintiff caused to be personally served on
the defendant notice in writing.
10. That the said defendant thereupon
became subject to be removed as a tenant
at sutferance, due proceedings had for
such purpose. and that such proceedings
a N
Is. That the plaintiff was and is the
owner of the described premises at the sew
eral times stated in these findings, and
upon such transfer of the said defendant as
priest by the said bishop stated i'll these
findings the said plaintiff was and is en-
titled to the possession OF the premises.
II. That all the allegations and facts
stated and alleged in the complaint are
true, and that said defendant is guilty
thereof.
Conclusions of Law That the plaintiff
is entitled to recover in this action, upon
the facts stated in the above findings of
fact, and have Judgment against the de-
PENDANT herein
restitution of the premises described in the
complaint. to-wit: Block 6. original plat
of the village of Barton. county of Wash
ington. state of Wisconsin, and that plain
tiff shall have its costs in this action to
be taxed and that judgment for such costs
be entered as well against the said defend
ant, III. ]. HellStern, as against his SuretieS
his undertaking on this appeal, to-wit:
Jacob Stenmetz, Peter Boden and Matt
ClameS.
On motion of P. OMeara. plaintiffs at
torney, it is adjudged that the plaintiff, the
congregation of immaculate Conception of
Barton, Washington county, Wisconsin, do
have restitution of their abOve-deScribed
property from the defendant, H. j. He'll
stern, and that a writ of restitution issue.
herein for that purpose.
1t is further adjudged that the said
plaintiff do have and recover its costs in
this aef0n as es ' Boden N Matt q
Clames, and said sureties on the said I'M
dertaking, and the execution issue there
fore, accordingly as provided by law.
An appeal will certainly be taken.
The complaint of the congregation of
Washington county, Wis, VS.. Rev. II. j.
Hellstern. was made and filed on the
Both day of December, 1896, the main
points Of which are as follows: That
Rev Herman Hellstern was appointed
the parish priest at Barton prior to July,
1886, and that by virtue of the appoint
ment moved into the parsonage owned
by the church corporation. That about
the 10th day of September the appoint
ment of Father Hellstern was revoked
by the archbishop of the diocese, and the
demand made that the priest surrender
the possession of the parsonage to the
congregation, which he refused to do,
and still holds the parsonage and prem
Uses without permission and contrary to
the conditions of the agreement under
which he occupied and held the same.
That on the 10Th day of October, 1896,
the complainant caused to be served on
the Rev III. J. Hellstern personally Il
notice requiring the delivery of the
premises within twenty days and after
wards a personal notice demanding the
delivery within three days.
The complaint further states that the
Rev. Hellstern refused and neglected to
deliver up possession of the property and
still unlawfully holds the same.
On the above charge the matter was
taken into justice court in Barton, and a
decision given AGAINST the priest, who inn
mediately appealed to the decision of the
circuit court of Washington county. Be
fore coming to trial $40 affidavits were
made by citizens in Washington county
to the effect that fair trial could not
be had there, and were filed in the local
circuit court April /. The case was
transferred to Waukesha county and the
matter came up before the local circuit
court on the Oath of August and lasted
four days, during which time church dig
nitares and authorities on ecclesiastical
law to a large number were sworn and
gave testimony. Judge Dick took the
matter under advisement and rendered
his opinion some weeks ago. but did not
file the findings and decision until TODAY