Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-03-12
MAY. DISCONTINUE
POVERTY VOW CASE
Lawyers Do Not Submit Matter
for Decision by Supreme
Court.

WASHINGTON, March H. - The
United States Supreme Court yester-
day listened to arguments in the case
Of the Order of St Benedict of New
Jersey against Albert Stelnhauser, in
volving the vow of poverty taken by
nuns and monks.
The case came from the Eighth
Circuit, and arose from the admins
tration of the estate of Father Angus
TIN Wirth. a priest of st. Benedict,
who. died in Springfield, Mimi. in 1901,
leaving considerable money and prop
erty, much of which was received
from royalties ON his books.
$ In cases of this sort an appeal can
not be demanded. 1t can be had only
If the Supreme Court chooses to exer-
else jurisdiction. and in this case the
highest court, on the representations
of the order, consented to permit a
review.
Former Judge Morgan J. O'Brien, of
New York. on behalf of the order, told
he court that if the opinion of the
1ower court Is permitted to stand as
the law of the land, the property Of
the Benedictines and all other relig-
ious orders prescribing the VOW of the
order would be endangered.
lie said the lower court had failed
to distinguish between the religious
and civil natures of the VOW. A mem
Der of the order, 1t was explained,
could withdraw from the order in
civil aspect, although his vow in a
religious way was binding until death.
William D. Hayward. counsel for
the priests relatives, argued that his
tet. til t.arr nc
and one that made it unnecessary to
decide whether the VOW was void.
That being true, he argued, the court
should dismiss the order by which 1t
certified the case up for review on the
representation that it did involve the
validity Of the VOW.
Hayward added that the abbot OF
tho order had granted to Father
Wirth permission to keep the income
from books he had written.
O'Brien insisted, however, that the
priest was permitted to keep the
money only as trustee for the order.
Then the counsel agreed to forego
any further argument which would
put on the court of last resort the
necessity of passing on the validity
of the VOW of poverty.
This brought the case to an end un-
expectedly, and lawyers and others i'll
that the controversy would be dropped
without a direct decision on the ques-
ton. If the old Interpretation OF the
VOW OF poverty we're to be overturned
titles to property to a vast amount,
now held by religious orders, would
be placed in jeopardy
Father Wirth was a Bavarian, who
Joined the Benedictine Order in West
moreland County, Pennsylvania, in
1852. He was transferred to New Jer-
sey in 1887, and for many years lived
in monastery in Newark. He went
to Minnesota and became a secular
priest after a disagreement with other
monks.
lie amassed about $4,000 from his
writings. After his death a brother,
nephew and niece, his heirs at-law,
living in Nebraska City, retained Hay
ward, and began suit for possession Of
the estate.
Hayward came to New York and
began suit against Benzinger Bros,
publishers of the monks books, for
an accounting of royalties. The firm
contended the royalties belonged to
the Order of st. Benedict In New Jer-
sey by reason of the vow of poverty
which the monk had taken.