New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1914-07-01
ORDER OF ST. BENEDICT WINS
BATTLE FOUGHT IN
ALL COURTS.
FIR. WIRTH'S ESTATE GOES TO
CATHOLIC SOCIETY, DECIDES
JUSTICE WHITE.

AlIeT UelLS Ill lIClSdClOll 1OI OVcI o
years and after every one OF the Federal
Courts has had guess as to what the
law is in the celebrated Wirth case, the
Supreme Court Of the United States on
the day it took recess for the summer
vacation, reversed the Circuit Cont in
the case of The Order of St. Benedict VS..
Albert Steinhauser, Administrator of the
Estate of Augustin Wirth deceased,
thereby deciding that the Order and not
the heirs of the priest are entitled to his
property.
Father Wirth was priest at the Catho-
lie parish at Springfield at the time of his
death which occurred at that place in
December, 1901. Immediately after his
death priests OF the Order of St. Benedict,
to which order it was claimed he .sionged,
came to Springfield and took his remains
to Collegeville in this State where there
is a branch of the Order and they also
took possession of the priests worldly
goods that were found in his room. They
buried him in Collegeville, paying all the
expenses of the funeral. Father Wirth
had, when he was young apriest, entered
the Order of St. Benedict and had taken
the vow OF poverty.
The priest was an able writer and
produced quite a number of religious
books, He entered into contract with
Benziger Bros. of New York for their
publication, receiving royalty. The
!, contract was signed by Father With
himself, and the royalties were paid to
him, and not to the Order of St. Benedict.
For the last year or more his of priest
hood, Father Wirth was under the
jurisdiction of Archbishop Ireland and
not under that of the Order of St. Bene-
dict. After his death, however, the
Order of St. Benedict of New Jersey laid
claim to the royalties and Benziger Bros.
paid the same over to them.
Father With had apparently used all
the money which he earned by the sale
of his books and otherwise to suit him.
self and had loaned out quite a little of
it on mortgages, among them being one
given to him by party residing in Blue
Earth County. When this money came
due, the mortgagor refused to pay the
money except to one who had been
authorized by the Courts to receive it.
Thereupon the Order of St. Benedict
instituted proceedings in the Probate of
Court of Brown County for the appoint
ment of an administrator of the Estate
of the deceased priest and requested
that Attorney Otto Kueffner of St. Paul
be appointed as such administrator.
Relatives of Father Wirth insisted that
they were entitled to administration
and objected to the appointment of Mr..
Kueffner and Attorney Albert Stein
hauser of this city was appointed as
administrator.
There was no appeal from the order
appointing Attorney Steinhauser and he
has served in that capacity ever since.
Shortly after his appointment, the first
suit was started by him to secure poses
sion of Father Wirth's property in the
hands of Benziger Bros. and the litiga-
ton was on which was destined to attract
nation wide attention The Order of
St. Benedict retaliated by starting an
action against the administrator to re-
cover from him the moneys he had secured
! and had in his possession.
"a The case was tried before Judge
fWillard of the federal district court in
this satate and he decided in favor of the
Order. Thereupon an appeal was taken
to the Federal Circuit Court and the
decision Of Judge Willard was reversed
whereupon the Order took an appeal to
the Supreme Court of the United States,
the highest tribunal Of this country with
the result, as above stated, that they