Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-11-20
Men Who Contributed to Build
ing of Church Want
Money Back
CLAIM AGREEMENT WAS BROKEN
Old and Bitter Controversy Over
Question Of What Language Should
Be Used In Church Service at Will
liams - Archbishop Refuses to Pay
Judgment of the Supreme Court.
oecial to Times-Republican.

Special to Times-Republican.
Webster City, Nov. 20.-Suit has
been filed in this county against Arch
bishop John J. keane, Of Dubuque. +.
w. Altman and Peter Kiene Of Du-
buque, to recover s3.Q65.9S subscrip
lions made toward the erection Of a
Catholic church at Williams. c. j..
Sherman, John Handfelt, ct al. are the
plaintiffs. The action involves an old
and bitter controversy that has been
in the courts for some years 1t Is an
interesting story:
Because the terms of the contract
under which the subscriptions were
made was not carried out. suit was
brought for the recovery Of the mon
ey subscribed. The district court in
this city decided in favor of the plain
tiffs and an appeal was taken by
Archbishop Keane to the supreme
court. Pending the trial on appeal,
Archbishop Keane and the two other
defendants named, filed a bond In the
court here to insure payment of the
judgment in case the supreme court
affirmed the decision of the lower
court. The finding was finally af-
drmed and the present action is
brought upon the bond to force full
fillment OF the judgment OF the dis
trict and supreme courts.
The case involves long story and
act low ut,
The Catholic church at Williams was
destroyed some years ago by a cy-
clone and subscription paper was
circulated to obtain money to erect
another church as we'll as a parson
age. This was under the regime of
the late Archbishop Hennessy. In
Williams are number of German
speaking people, and Messrs. Sher-
man, Handfelt and others agreed to
contribute toward the erection of
The new church and parsonage upon
the express understanding with the
archbishop that priest be sent to
the parish who spoke both English
and German. This he failed to do
and soon after the erection of the
church property Archbishop Hennes-
sy died and was succeeded by the
present Archbishop Keane. The lat
ter, too, refused to carry out the
agreement with the German Catho-
lies Of Williams.
Both Hennessy and Keane based
their refusal upon the grounds that the
best interests Of the church would be
conserved If the Williams priest spoke
only English. Things ran along some
time with nothing more than protests
from Messrs. Sherman, Handfelt and
others. Finally, however, when it be-
came evident the archbishop would
not change his mind, they brought ac-
ton upon the agreement under which
their subscriptions We're taken. There
were fourteen of the plaintiffs and they
won in both the lower and higher
courts. The amount of their original
judgment was but s2,54O.10, but the
costs and interest have run it up to $3,-
O65.9S The trial of the case in the
district court in 1902 attracted unusual
attention, as did also the hearing in
the supreme court The present action
will doubtless end the long litigation.
AS to just what grounds Archbishop
Keane takes in refusing to pay the
Judgment affirmed by the supreme
court nothing Is as yet known. 1t is
three years since the bond was filed
upon which suit is now brought, and
it was a year ago last July that the
supreme court affirmed the decision of
the lower court. The case in the dis
trict court was heard before Judge
Dyer, of Ames. The full list Of plain
tiffs who demand the return of their
money is as follows: John Handfelt,
Theo. Otker, Frank Drummer j. H.
Streveler, George Klaas, j. Schepler,
Frank Holdgraffer, c. j. Sherman, H.
Ricke, II. Drummer, Herman Knoll,
Matt Houen, B. Imholt, Theo. Rolling,