New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-03-08
Religious Orders Appeal
from Adverse Decision
in Worth Case.
CONSTITUTIONALlTY OF
PLEDGE FORMS ISSUE
Benedictines Hold That Member S
Resignation Does Not Render
His Contract Void.

The VOW OF poverty taken by members
~ various religious orders Will be the
subject OF argument In the United states
Supreme Court on Thursday. the Chr-
cult Court Of Appeals Of Minnesota mas
declared that such a vow Is inconpatoie
with the principles of the Constitution
An appeal from the decision or the Olr-
chit Court OF Appeals has been taken py
rho Order of St. Benedict, OF New Jer-
sey.
The heirs Of Augustine Worth, at one
time a member OF the New Jersey order,
are seeking to recover his estate. valued
al $4,000 The Order of st. Benedict holds
that having once taken its vows, Worth
could not absolve himself In spite OF MS
RESIGNATION. but that he must be absolved
by the Pope himself.
Augustine Worth, a Bavarian' 1oined
the Benedlctine order at 81. Nincents'
Westmoreland County Penn, IN lS'Z'
In 1857 he was transferred to the order
Of ST. Benedict, OF New Jersey, and re-
mained In the Newark monastery unul
1897. when he withdrew and resigned from
the order During his many years as
Brother Augustine, Worth both studied
and wrote Many Of his works-all or
tben, religious In charactcr-were pub
llshed.
After reslgning from the order worth
went TO Springfield, Mimi, where he be-
came a secular priest In 1901 he dleo
still iaboring for the Church. lie LETT as
heirs a brother. niece and nephe" IN
Nebraska City, Ncb. They retained Will
tam HAYWARD, now one OF District Al
tornev Whitman's assistants, and then
member Of the law firm Of Hayward
Pitzer. Of Nebraska City.
The estate left by Worth was estimated
ut $4,000. The money had come 10 MIN
% ROYALTIES in his books. AZ Mr.. Hay
wards request Albert Steinhauser was ap-
nointed administrator Of the estate and
took charge. Suit was brought against
Bonziger Brothers, the publishers for an
accounting.
The defence set up was that the ORDER
NJ st. Benedict, of New Jersey, was the
true owner OF the property because OF the
VOW of poverty which Worth had taken
upon Joining the order An injunction
was obtained from the federal court re-
straining further prosecution of the suit.
The order of St. Benedict, Of New Jer-
sew. brought an action In the Ohlteo
States Circuit Court in Minnesota against
the administrator TO recover the estate
The VOW Of poverty taken by Worth was
the basis of this suit Mr.. Hayward, act
ing for the administrator, argued that the
vow of poverty was unenforcable In the
United States because 1t was inconsistent
s,gti-
with the Fundamentals of American lhsu-
tutions as expressed in the Constitution.
In the Circuit Court the Benedictine Or
der won and an appeal was taken to the
Circuit Court of Appeals
Judges Sanborn Hook. ADAMS ana
Smith. sitting in the Circuit Court OF APP
meals. in March, 1912, reversed the de-
cisIon OF the law court and declared the
VOW was Incompatible with the principles
Of the Constitution. The Rev Hilary
Pfraengle. abbot OF the order OF St
Benedict. OF New Jersey, testified that
monk was bound for life in temporal ana
spiritual affairs by the vows he took upon
entering the order unless he were released
nv special dispensation by the head OF
the Church.
The Order of St. Benedict, Of New Jer-
ser retained Morgan j. O Brien and Ar
mold & Green. who obtained a writ or
certiorari taking the case to the Supreme
Court of the United States, where It
comes up on Thursday.