The Irish standard., 1902-08-02
IMPORTANT DECISION.
OF Much Interest to Members of Cath
Ollie Societies.

OF Much Interest to Members of Cath
Ollie Societies.
| \ case which is of much impor-
tance and very interesting to men,
bers of Catholic fraternal societies,
was tried at Milwaukee recently, and
in order that readers of the Irish
Standard may be able to follow the
matter from start to finish we publish
a synopsis of the proceedings. Upon
the question of what constitutes a.
practical Roman Catholic and when a
member of the Catholic Church ceases
to he one, hinged suit for the re.
covery of $1,000 before Judge Tar
rant in the Circuit Court. Emma S.
Barry Of Chicago, widow of James
Henry Barry, formerly Of Madison,
sued to recover on policy for $4,000.
1t was claimed that Mrs. Barry was
Il divorced woman when she became
the Wife of the deceased. The cOnsti-
tuition of the order sets forth that it
| is formed for the ''social, benevolent
and intellectual Improvement Of all
practical Roman Catholics" Because
Mr.. Barry married a divorced woman
he was expelled from the order.
| When member of the church, the
answer says, contracts a marriage
with a person having a former hus-
band or wife living, she ceases to be
a practical Roman Catholic or COM
municant of the church." Because the
deceased married a divorced woman,
it claimed he ceased to be practical
Catholic. 1t claimed also that the de-
ceased violated another rule of the
order. which provides that every
knight must receive holy communion
at least once each year at Easter or
thereabout, and must file certificate
from the priest within sixty days
showing that he has performed his
Easter duty. under penalty of the for
feiture of all the benefits conferred
by the order. In June, 1898, Barry
was notified that the validity of his
marriage was questioned and after
wards he was notified that he had
been expelled. He died Oct. II, 1898,
in Chicago. AS further evidence
| that the deceased ceased to be a prac-
| tical Catholic, it is claimed the re-
mains We're INFERRED in a nom Catholic
cemetery: that no funeral services
were held in the church, and that in
place of a priest of the church, a
Swcdenbcrgian conducted the SER
vices.
Under the ruling of Judge Tarrant
members of the Catholic knights Of
Wisconsin must conform to the rules
and canons of the Catholic Church
determining what is practical Cath
Ollie OF else they must forfeit their
membership and benefits in the order
Because the late James Henry Barry
formerly well-known lawyer of
Madison, later of Chicago, married a
divorced woman before Protestant
minister, Judge Tarrant held, he yio-
lated one of the canons of the church
and ceased to be a practical Catholic,
therefore forfeiting his rights under a
policy issued by the Catholic Knights
Judgment for the defendant, the Cath
Ollie knights. is ordered. said Judge
Tarrant, on the ground that the mar
rage of the deceased to the plaintiff
by Protestant minister is a cOndi-
tion prohibited under the rules and
canons of tlre Roman Catholic Church,
the result of which, ipso facto, is eX-
communication, and for that reason
the party offending ceases to be a
practical Catholic l hold that pro-
vision in the policy is self eXecutory.
The suit has been watched with great
interest. Under the constitution of
the C. X. of w. no one is eligible to
membership CT can share in its insur-
ance benefits if he is not a practical
Catholic. Mr.. Barry was notified that
because he married a divorced woman
before a Protestant minister the Mad
ison branch of which he was men,
her expelled him. He claimed the eX-
pulsion was illegal as not following
the forms provided in the bylaws and
rendered payment OF his assessments
which was refused. At his death the
order refused to pay the insurance to
his widow and she brought suit. The
decision has the same bearing on all
other Catholic societies as that of the
Knights of Wisconsin.