Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-10-12
CHURCH wine IS
SUBJECT OF SUIT
Catholic Priest Seeks Writ to
Compel the Santa Fe to
Handle Liquor.
VIOLATES FRENCH TREATY
"Bone Dry" Law Conflicts
With Religious Liberty Of
100000 Persons.
Special to The World.

Special to The World.
OKLAHOMA CITY, oct. 11.--Gons
back to the DAYS of Coronado. when,
ir 1910 with the sacramental wine, he
celebrated high mass in the terllrory
row embraced in oklahoma. and later
referring to the treaty between the
United States and France. when in
1903 the territory in which this state
Is located was cedsd to the Uniteu
States, a petition was filed in the dis
trict court today by Father Urban de
Hasque. chancellor Of the Roman
Catholic diocese of the state of Okla
homa, asking for a writ of mandamus
compelling the Atchison. Topeka &
Santa Fe railroad to accept shipments
of wine for sacramental purposen.
The court issued an alternative writ.
The railroad accepted service without
the usual preliminaries and the case
will be set for hearing in few days.
The suit follows close on the heels
of n ruling bv Attorney General S. p.
Freezing to the effect that the bone
dry" law In this state made it illegal
to transport wine, even for church use.
For Former Tulsan.
The plaintiff alleges that ne offered
the Santa Fe railroad company par
Gel of wine for shipment to Father
John Won Gastel, formerly of Tulsa
and now Catholic priest at Guthrie.
Okla, and the railroad refused to ac-
cept 1t, citing the "bone dry" law.
The suit is to test the constitutions
ality of the law passed by the recent
state legislature. and will be carried
to the highest court in the land II
necessary.
Father de Hasques attorney Is w.
+. Wilson of Wilson, Tomerlin Il
Buckholts of this city. He attacks the
state and national "bone dry laws
on the following grounds:
|. They violate the terms Of the
treaty between the republic Of France
and the United States Of America. by
which the Louisiana territory (Okla-
homa now being part OF the original
Louisiana territory was ce6ed to the
United States. in that Catholic people.
inhabitants Of oklahoma. are not by
said lawA protected In the enjoyment,
OF their liberty. property and the re-
ligion which they profess"
2. That such laws are in conflict
with the religious liberty section of the
constitution of the United States, and
of the constitution Of Oklahoma.
3. That the same are In conflict
with the terms Of the enabling act by
which Oklahoma was admitted to the
union.
4. That such laws deny equal pro-
lection to all in their liberty and
property
Many Are Affected.
The petition of the plaintiff is vol
luminous and refers generally to re-
ligious liberties that have been guar
anteed by all treaties with the United
States The petition AYERS that there
are more than one hundred thousand
people in the state and some 105
priests and pastors who partake Of the
religious sacrament with wine, and to
deprive them Of this liberty would in
effect be taking property without due
process of law.
Father de Hasque. as chancellor Of
the Catholic diocese of Oklahoma and
secretary to Bishop Theophile Meer-
schaert, is supposed to supply all
priests in the diocese of Oklahoma
with proper, approved and suitable
pure, unadulterated and fermented
juice OF the grape, commonly known
as altar wine. for the purpose of en-
abliDg them to celebrate their proper
and ritualistc services. known as the
sacrifice of the mass" and that said
altar wine contains more than one
half of one per cent of alcohol"
II Is represented that investments
amounting to several hundreds Of
thousands Of dollars have been made
by the church In Oklahoma In the
belief that their religious freedom
was guaranteed by the treaty between
France and the United States. The
suit Is brought, the petition states, In
behalf of all the priests and mem
bers Of the Catholic church in Okla
hQma.
Petition I'm Part.
Continuing the petition states In
part:
That 1t is the information. belief
and faith of this plaintiff and that 1t
is the belief and faith Of all Catholics
that on certain Thursday in the
year Of our Lord thirty-three being
the day preceding that day upon
which Jesus, the son OF Mary, known
and hereinafter denominated as the
Christ was with the consent of Pom
thus, the then governor OF the
province of Syria OF the Roman en-
pire, crucified the Christ did in the
city of Jerusalem. in said province.
in conjunction with IL men, known
that time until present day as the IL
apostles, partake of supper. which
said supper, by reason of its having
been the last of which the Christ
did Iartake. was from such time
thenceforth and always has been de-
nominated The Last Supper that
whilst Christ and the said II apostles
~Were at said supper, the Christ took
bread and blessed and broke the
same, and gave It to his apostles
and said: Take We and eat this is
my body and taking the chalice he
gave thanks, and gave to them, say
ing: Drink yc OF this, for this is my
blood of the New Testament, which
shall be shed for many unto the re-
mission of sins; and that all of tho
said apostles drank Of the same and
ate Of the said bread; and that the
Christ did thereupon also say to the
said IL apostles: This do for COM
memoration Of me-
The Catholic Belief.
"And this plaintiff further alleges
that it's his Information and belief
and faith. and that 1t Is the belief
and faith OF all Catholics that the
said bread so broken and blessed was
wheaton bread and that the said chal-
ice did contain wine. being the juice
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