Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-20
The Meaning of the Decision In
the Catholic Church Case
From Williams
OUTCOME OF A BITTER CONTEST
Church People Of Williams Wanted
Priest Who Could Speak German and
1EneIish, but Did Not Get One on tho
Terms Upon Which They Subscribed
Church Funds.
to Times Republican.

Special to Times Republican.
| Webster City, Dec. 20.--The decision
of the supreme court affirming the
decision Of the lower court In the case
OF Shurman VS.. Keane, will have es-
pecial interest to the people of Will
Jams and vicinity, and In fact all over
this section OF the state. Wesley. Mar
tin. tho attorney Of this city. has just
received the text Of the courts opin-
| ion. 1t puts an end to the most inter-
esting as well as most bitterly con-
tested cases ever tried In the court
here. Under the decision the Catholic
church society of Williams will have
| to return between $4,000 and $4,000
contributed by Mr.. Shurman and 9TH
ers at the time the present Catholic
| church in Williams was erected sever
al years ago. The amounts contributed
| by Messrs. Shurman and others were
alleged by them to have been given
| in the express understanding that q
priest be placed in charge of the
| church who could speak both English
German. The church did not deny
this contract but held that Archbishop
Hennessey, now deceased. who was
then at the head Of this diocese, had
the inherent right to send them what
soever kind of priest he thought
| would best deserve the interests of the
church. He sent priest who spoke
German only.
The case dates back eight or nine
years to the time when Williams first
Catholic church was destroyed by
cyclone. The destruction was total
one and the society set about at once
to solicit subscriptions for the erection
Of a new church. The Catholic society
| at Williams is composed of both
American and German people. 1t is
held that the larger part Of the Ger
mans can speak or at least understand
1.-THE English language. 1t was also
alleged that many of the Americans
were unable to understand the German
language.
The committee who were soliciting
subscriptions secured the names OF
Mr.. Shurman and several other Will
Jams gentlemen on their paper for a
sum OF money amounting to between
two and three thousand dollars. Mr..
Snurflan anu HIS COAGd6dCo, A'c"SSSAt
subscribed the amounts set opposite
their names on the express' UNDER
standing with the society that priest
should be sent to the church VINO
could hold masses and other servlces
| in both English and the German ian
guaEe This understanding was agreed
to both by the subscribers and by the
society. A sufficient amount OF mon
ey was subscribed and the new church
was erected. The agreement as to
priest who could speak both EngHsn
and German, however, was entered into
only with Mr. Shurman and four or fve
other English speaking members OF the
| Catholic church.
When the new church was completed
and ready for occupancy. Archbishop
Hennessey of Dubuque sent priest 10
the new church. He conducted MS
masses and services In German only
and Messrs. Shurman and the otner
gentlemen who had subscribed TO the
church fund on the understanding that
an English and German speaking priest
be sent them, entered protest at
once. This was unheeded by Arch
bishop Hennessey and Shurman and
his friends at once entered suit for the
recovery Of their money. After the
suit was begun Archbishop Hennessey
died and Archbishop Keane succeeded
to his position. The latter refused to
alter the plans Of his predecessor and
the suit was then made against him.
Congressman Birdsall and Wesley
Martin of this city were retained by
Shurman and the other dissenters and
Attorney Knight of Dubuque was re-
tanned by Archbishop Keane of Dubu-
que. The case was tried in the dis
trict court in this city and shurman
and the other dissenters won. The
case was then appealed to the supreme
court.
1t has been over year since the case
was tried in this city. The decision
by the supreme court is one OF the
most peculiar that has come from that
body in some time, in that the deci-
sion of the lower court is affirmed by
tie vote of the judges on the su-
preme bench. Three voted for and
three against affirming the decision
Of the lower court BY the opera
ton of law tie vote affirms, and with
this decision this famous case has run