Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1911-11-02
DECISION NAY ALTER
RULE OF CATHOLICS
Making Bishops Supreme Over
Property of Parishes Is
Held Illegal.

From the Philadelphia North American.
The decision of the supreme our of
Pennsylvania. which recently set aside
q decree of the Lackawanna county
court in the suit between Bishop Ho-
ban. of the Catholic diocese of Scran-
ton. and the congregation of ST.
Joseph's Lithuanian church. is so
sweeping that it, may cause Il complete
reversal of the policy OF the Roman
Catholic church in America. in the
matter Of administering the property
rights of the congregations.
The decision was something more
than a ruling in favor OF the dissent
ing congregation. 1t was to the effect
that the method by which property is
held by the Catholic church in this
state is directly contrary to the law
of Pennsylvania as expressed in the
statute of 1855.
Churcfnen say 1t would not be diff
ficult for the church to change its
method OF administering its temporal
affairs. For. they say. the system com
mon in American d!oceses is not Il
liked policy OF the church in general.
On the other hand. it Is an exception
to the church policy and has been
permitted to obtain in this country
because lne church here is ruled as
a missionary church. and is not un-
der the cannon law. as the church con-
stitution that applies in older countries
Is called.
At various times the Vatican author
ities have. extended To the dioceses in
this country some portion of the gen
eral constitution of the church. But
the missionary rule has been retained
In many respects and especially in the
matter Of administering church prop
erty.
This, 1t has been commended by the
American bishops, was particularly
~,yQ.,~ -.~..- ~x ~. Il; -.rL ~ rn =
of the population OF American COM
munities. BY vesting the property in
the bishops, it was held. stability was
given to the church institutions n
congregations. The wisdom of the
method was held to be proved by the
marvellous material. as well as spirit
uai. growth of the church under it.
When the church was composed al
most exclusively of Irish immigrants
n their descendants there was little
or no dispute, the great love and
loyalty existing between the clergy
and the laity obviating all friction.
Siavs Made Trouble.
The first trouble in the matter arose
when III Slavic people began to
come to this country and to found
churches. At home they had admin
tstered their own church properties
through committees elected by the
congregations. They did not under
y OAO oLDkA NAUOy 4ou1IA IkSkN
which made the bishop absolute, not
only in spiritual matters. but also in
the business affairs of the congrega-
lions.
The disputes that arose resulted in
several communications and the
churches. which still chung to the
name Catholic although put outside
Of the fold by the bishops.
Il was In such a dispute between st.
Joseph's Lithuanian church. in Scran-
ton, and Bishop Hoban. hat the cas-
arose which was decided by the SUI
preme court, sitting In Pittsburgh, on
Monday.
The lay members of st. Joseph's
Who insisted on keeping control OF the
church. property had been excommuni-
Gated. The congregation then held an
election, at which Bishop HOban was
chosen trustee 'fn accordance with the
laws n usages of the Catholic
church." The LackaWanna county
court sustained Bishop Hoban's right
to the property as trustee, and the
case Was appealed.
The supreme court decides not only
that the bfsh0 pin this case is not the
lawful trustee, but that the laws OF
PennsylvaSffa expressly forbid such q
trusteeship. The court rules that a
congregation may select It's bishop to
be the custodian Of it's property, but
that such selection must be based on
the law Of the state which creates
trusteegtips, and not upon any eccles-
lastical rule which has no power
either to create trustees or to enlarge
OF. restrict their powers.
ruling makes every congrega-
ton absolute I'm It's control over its
church property. Bishops still
have the power of visiting excommuni-
cation on recalcttrant congregations
which might insist on enforcing the
laws Of tho state In such n matter.
II u believed, however, that the
bishops will be unwilling to appear to
be In confitct with the state. The de-
clslon may result In the church author
tiles extending the rule OF cannon law
20 the American dfoceses in the mat
ter Of administering church property
This would put the church In accord
with the law Of the state. The alter
native would be to ask the legislature
to change the law OF the state so as t.
put It in accord with the system tha1
q grown up In the American church
Lenden View 81 Our Business.
T-crn the I.0ndon n
tvso months congress
Ofll reasDemble Ct Washington and
s ~ tAllEx~@ We With
Zach other In passing popular" meas
Mres. 10 a. 10 maneuver into q good
tactical position kor next years cleo
lions. Whether .theso measures hurt
hllsinese or mot = minor .considera-
zion. Nothing he said In favor ot