The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1913-06-28
A NOTABLE CENTENARY

tary of the trustees, on April 10, 1913.
The request was complied with.
1t was June before the case came
on. The former district attorney, Mr..
Riker, was convinced of the justness
of Father Kohlmann's position, and
was among the counsel prepared to
argue the case. The new district at
torney, Mr.. GARDENER, examined FIR.
KOhlmann. The priest requested per-
mission to state his reasons for de-
clining to answer the questions which
would disclose secret of the confes-
sional He stated in brief: Were he
summoned as private individual to
testify from ordinary sources of in
formation he would not hesitate and
would deem it his duty to declare
whatever knowledge he had. The
Catholic religion taught and COM
manded respect and obedience to the
civil powers in such matters. But in
his capacity as minister of Sacra-
ment, he declared he could not and
must not answer any question that
had any bearing upon the restitution,
or the name of the penitent.
On June IA, 1913, De Witt Clinton
pronounced the decision of the court.
From it these sentences are taken,
and they illustrate the gist of the de-
cision:
1T is a general rule that a witness
when legally called upon to testify as
witness must relate all he knows
But to this rule there are
several exceptions Whether
witness is bound to answer a ques-
ton which may disgrace or degrade
him is a question about which there
is variety Of doctrine and a collision
of adjudication. We are of the opin-
ion that such a witness ought not to
be compelled to answer at all. There
can be no doubt but that the witness
| (Father Kohlmann) does consider
that his answering on this occasion
would be such high-handed offense
against religion that it would expose
him to punishment in a future state,
and it must be conceded by all that it
would subject him to privations and
disgrace in this world. The only
course is for this court to declare
that he shall not testify or act at all.
Religion is an affair between God
and man, and not between man and
man. The laws which regulate it
must emanate from the Supreme Be-
ing, not from human institutions. The
declaration of religious freedom lin
the State Constitution) is a wonder
full monument to the wisdom, liberal
ity and philanthropy of its authors. 1t
is essential to the free exercise of
religion that its ordinances should be
administered-that it's ceremonies as
well as it's essentials should be pro-
tected Secrecy is the essence of pen
ance. To decide that the minister
shall promulgate what he receives in
confession is to declare that there
shall be no penance; and this impor-
tant branch of the Roman Catholic re-
ligion would thus be annihilated.
Although we differ from the wit
ness and his brethren, in our religious
creed, yet we have no reason to ques-
ton the purity of their motives or to
| lmp6dCu JnGlF SOOu COuuuCL dS ClLI-
zens. They are protected by the laws
and constitution of this country in
the full and free exercise of their
religion, and this court can never
countenance or authorize the applica-
ton of insult to their faith or torture
to their conscience"
Thus Father Kohlmann was ex-
empted from the obligation to testify,
and the secrecy of the confessional
was legally established in New York
by a court composed of Protestants.
In December, 1928, the legislature
passed the act, model upon the sub
ject of the secrecy of the confessional,
/ which expressly declares that, mo
minister of the gospel or priest of any
denomination whatsoever shall be al
lowed to disclose any confession
made to him in his professional char
acter or in the course Of discipline
enjoined by the rules or practises of
such denomination"