The Superior times. [volume] (Superior, Wis.) 1870-1912, 1897-10-16
BARTON CHURCH CASE.
Decision is Filed and Rev. Father
Hel!stern will Have 10
VaCatc.

Waukcsha Wis. Oct. 81 Special. -
Judge James J Dick filed MS hu.,.n2,s
ana Judgment III the case Of II" congrc-
CATION of the lmmIrUlate Cu@rr!It on ,t
Barton, Wis. The court had prcvjat.-.Y
announced its opinion i'll the matter id
this is the formal decision. I,l court
makes the following findings Of fac; and
conclusions of law:
l. That the plainti1 was duly iucorprl4tt
Id as a Roman Catholic religious society at
Barton. pursuant To the laws II tu.. state
y Wisconsin. and thar lis articles ~ inr9I-
."idtpi were uH!i HIuv aud Hlrd with
he register Of deeds IL WaShiuztau county
Madison in October 1888 ana at All times
since mas been such corporation.
= That the Plaintiff WAS the owner Df
th9 property Inscribed in the complaint
hrF"in, and in possession thereof previous
|" the appointment rf III" defendant s>
priest To take charge If the said ut.3!ntiG
congregation. a$ hereinafter stated, and Is
still such owner and entitled To th,. pu,s,s-
sion or III" said Gr>rribcd property.
j. That he Most rev +. X kHtz"r was
AZ an times mrntl"Hea in the complaint as
biSnop OF I'll" diocese Of milwaukee,. " is
= !hat the defendant i, Il Roman Cathp-
ne priest and al ali times IN plaintiffs = cuih-
pant mentioned WAS under the jurisdiction
81 II" SAID bishop of said church in the
milwaukee, diocese. III which tho piaiuuf
society is located.
.. ihat the defendant was appointed a
archbishop to take charge OF said plIintin
congregation on or about Tie 1st day Of
July, lSS2.
G That therefore the defendant entered
INTO possession Of the premises for the
purpose OF enabling him better To perform
the duties appertaining TO such appoint
= That the said relation existing be
tween the said piaintin and defendant, as
TO the possession OF the said described
premises, was that of employer and en-
ployc, ana that said possession 10y TIE de
frEtant was that OF his employer, the
: That tn" said bishop of the Miwau-
Eee diocese, under the canon law Of til"
roman Catholic church. and the rules AMI
practice of said church had the right :tla
authority to transfer I'll" defendant as
priest frnm the charge of said cuugr"gl-
LloH Tor such reasons "S w,r" 10 him salts
factory and sufficient appearing FIR zach
transfer. and without giving tn" defend
ant hearing or trial upon the matters
an" !Fln9" hai n EratiHT tii h t. thm tFanIfGr t
another congregation ia said doccSc the
Sad drfCndant aS such priest, from the
charge of said plaintiff congregation on or
about tn" llth of SvptcmhcT. 1896. fa"
reasons satisfactory tn said bi%hrp aud
without giving defendant hearing. or trial.
10 That upon such transfer Of the do
fcndant as such priest hy The bishop. the
occupancy Of tn" premises hy said defend
ant rs such priest under said appointment
terminated and was cXtiu%uiShtd. Hnd the
defendant ceased t" have amy right /" til"
occupancy of said premises IS such priest
OF otherwise.
II. mat after such transfer said defend
alt'. .. ~ u'Aialin iulf l!ill' ~ pah'lA'
't ~ tI !,,' ,i S'''' H'S '''"H'" l" N"-
- Th.tir thrr,.i,,on tho ,,lir,irr i.,,rIiod
lv acuujrScod in the dnfrudant's ocrubant.y
of the premises Il sufficient length Of time
TO- constitute him Il tenant at Sunrrancc.
li i nal on IN" l9th OF ort"hrr, lN." the
thr L.,fnnjTIt ~ ",ti,.or -, - >' "" o''
15 That the said GcfcnGanT Ihcrrupon
brcam& subject t" be removed aS Il tenant
Il. III, "ii"ran,', ,!i on que pf"cg,Hlh ha4 ior
is That III" plaintiff was and is the
owner Of the described premises at the soy-
r!ai l!mr" stated u these findings, and
~, - ,nr Ha!L ""ii'i'."th S
fuIinrs tI,r sai,i rlai,itifT ,,.l ND i o.
Titled tn the pnSs, ,SSi"I of tFr pr,.igisns
IL That all tn" allegations and facts
stated and alleged in the complaint are
rue, ana Ihat SAID G'f"ndant Is guilty
,'nrrIusjou, Of Inv I That th, pl,intirf
iS entitled to recover in this action. upon
the facts stated In III" above findings of
faet; anG hay" Judgment against the dr-
lrrHart h"iGlh i., ,,.,.,.,;o, 49,, ,,.. -.
r;ttin ~ ,c ~ ~,
complaint. to-wit: RinrL {. original plat
Of the village of barton. county Of WASH
inGt"n. state of Wisconsin,, ard that plain
,lt Nhar! n"Hr rs '"SlH III ms "',i"ii I"
~, ct,., i'. - i,I ,i,t li f..,,
ant. IT, !. Hril~trrn. rs a&aii,<r his surrtics
J3rnn Sl'ihm'N' Peter hod"h ana Matt