The menace. [volume] (Aurora, Mo.) 1911-1920, 1918-11-23
A CATHOLIC PRIEST
OVERRIDES The LAW
Violates Influenza Closing Law,
Arrested and Convicted, Now Ap-
peaIs Case to Supreme Court


Priest Cassavant, of the Catholic
church at Springvale, Maine, whose
arrest and conviction for violations
Of the ruling of the local board Of
health in maintaining church serv-
ices during the late epidemic, re-
Gently mentioned in THE MENACE,
has appealed his case to the Sill
preme court of the state on consti.
tutional grounds. It seems that
the law Of the state of Maine gives
the boards of health jurisdiction in
such matters, and the priest bases
his appeal on the grounds that it
is in violation of the provisions for
religions guaranteed by the United
States constitution.
Catholic papers say that if nee
essary the case will be carried to
the United States supreme court
for final adjudication, also, that as
the Catholic bishop of Portland,
Maine, is interested in the case,
''The best legal array possible will
be enlisted on the church side Of
the case"
1t must be remembered that Car
dinal Gibbons protested against
closing of Catholic churches during
the influenza period, and while, in
general, Catholic churches obeyed
the orders to close their churches
as did their Protestant neighbors,
it was an obedience under protest.
This being the case we must expect
them to fight the case to a finish,
and if necessary move heaven and
earth to get a ruling from the q. s.
supreme court that interference on
the part Of the law with the rul-
ings, regulations and practices Of
the Catholic church is unconstitu-
tional and therefore invalid. In
other Words, the contention is that
the lars and regulations of the
Catholic church are above the ciUil
7aws, and, that, if the two conflict,
the civil must be set aside in be-
half Of the church, or the consti-
tutional right to religious liberty
will be infringed upon.
If the contention of the Catholics
is upheld in this matter, it will
equally affect and justify their
claims as to prohibition, the mar
riage laws, support Of the public
schools and anv other matter which
the priests and bishops might claim
to be part of their religion.
1t would be tantamount to a de-
cision that anything was lawful,
and not to be interferred with,
which they claimed to be a part Of
their religion or necessary to their
religious freedom, and would req
ognize the Catholic church as an
established church or one possess
ing superior rights and privileges
to the people in general, and that
so far as they are concerned the laws
can be set aside at their pleasure.
As the National Constitution
prohibits congress from passing
laws recognizing the ascendency OF
any particular sect, it also pre-
cludes any such recognition Of the
Catholic. church by the supreme
court, and II tho Catholic church
is recognized as having the power
to make it's own laws and regula-
tions irrespective Of the laws OF tho
land, 1t follows that other churches
must have the Same rights.
In that case we would have Cath
olic laws for Catholics, Jewish
laws for Jews, Methodist laws for
Methodists, Baptist laws Of Bap-
fists, etc.
Imagine the situation, If you
canI 1t would be a state Of legal
and social anarchy. II not Its actual
working In business affairs.
The situation will bear watching,
though we believe the good sense
of the people will protect the ma
ton, and that the Catholic church
will ultimately learn that it is sub
ject to law and must obey as well