Evening journal., 1897-11-22
CLERICS LITIGATING.
Important Action Before the
Court Of Appeals.
THE CATHOLIC CHURCH IS INVOLVED
The Question to BE AdJudicated at Pres
ent Is Whether Decision by an Ec-
clesIastical Tribunal Is a Bar
to n Civil Process.


ALBANY, Noy 22.-There is before
the court Of appeals one of the most
serious questions which that court has
had TO decide in some years-namely, |
whether the adjudication by court OF
the Roman Catholic church Of contro-
versy Is a bar to a civil action in the |
regularly constituted courts Of the state !
of New York.
In this case both of the lower tri-
bunals, the supreme court, special term,
and the supreme court, appellate diVi-
sion have decided that such religious
court is, In its nature, ecclesiastical on
" and has no Jurisdiction to determine
the civil rights Of parties and is no bar
TO action even by priests of that church
in n civil court. The question comes up
on the appeal of the Rev. John S. Bax-
ter, n priest of the Roman Catholic
church in the diocese Of Brooklyn, from
a decision of the metropolitan court Of
the archdiocese of New York, presided
| over by the vicar general of the Roman
! Catholic church, rejecting his applica-
ton for reinstatement to his parish and
for an award of 6665 salary alleged To
be due him, and also from the judg-
ment Of the apostolic delegation at
Washington affirming that decision.
The Rev. Baxter, a priest of the dio-
cese OF Brooklyn. was assigned by Blsh-
op 1.aughlin to duty in the mission
church at Babylon on the 10th of Sep
tember, 1885, at the usual salary of
81 600 per year. All the funds of the
churcn were turned over TO the bishop,
who t is alleged. guaranteed the pay
niont Of the salary. In 1892, Baxter, be-
cause Of physical disability following
! .lIf HaaA
from duty. and at this time there was
a balance due him of s5.59S. In Decem-
Der os the same year, recovering some
what he was assigned to duty at St
Mary's hospital Brooklyn, with a
promise, as he alleges that he should
retain his pastors salary and be sent
bach to his old charge.
In 1896 after having received only
500 per year for service in the hospital
and the Right Rev. Charles e. McDon-
nell having succeeded Bishop Laughlin,
he brought his case to the attention of
the metropolitan court of the archdio-
cese of New York. The complainant
asserts that while the case was in this
ecclesiastical court and while he was
still suffering in health he was in
duced by the vicar general, who pre-
sided, To sign a release for $500 Of his
entire claim OF nearly $1,000 Upon his
signing he was given the money, hut
was not restored to his parish.
He appealed to the apostolic delegate
at Washington, but the appeal was dis
missed. He then took the case into the
state courts and the defense inter
posed by the Roman Catholic prelates
was that the plaintiff had admitted
that such metropolitan court had juris'
diction over him and that being g
member of the Roman Catholic churcf
y and subject to the rules, laws and dis
cipline of that church he was subjec
u to the Jurisdiction and adjudication o
that church.
The supreme court, special term, helS
differently, and Judge Bradley writing
a decision for the appellate division oi
\ the same lines, said:
. Beyond the question of doctrine
: discipline or church government. ther
u can be no recognition in this state o
= the jurisdiction and judicial power o
any ecclesiastical court. The question
of civil rights of persons relating {
themselves personally or to property
% whatever may be their relation I
church organizations, are subjects o
- adjudication in the civil tribunals ex
clusively.
judicial notlce VIII pe TAKEN ol III
fact that IL was not a court created O
=, organized pursuant to any law Of tn
= state Of New York, but was one tina
could not by virtue Of any law be ere
ated within the state. 1t appearn
that the alleged tribunal in its natur
y Is eccleastlcal only, It cannot be as
- sumed that IT, as such. had jurisdictio
= to determine the civil rights Of III
l. nartfee. hut judicial notice must
taken TO the contrary
!. Upon this decision Priest Baxter wa
/, allowed to bring action In the civ
court. and from this Bishop McDonne
!. appeals to the court of appeals.