Every evening, Wilmington daily commercial., 1922-09-09
HOLDS CHURCH TITLE
IS VESTED IN DEITY
Dauehsrty Says II Would be
Saorlllgsous to Consider
Il an Enemy Interest.

washington, Sept, s--Holding that
In the mai analysis title TO church
property II vested In God, and that II
would be s~acrilegious to hold this an
enemy interest. Attorney General
DauGherty In n formal opinion has
ncquicscsd in the return by Allen
Property Custodian Thomas w. Mil
Ter OF property seized by a former
formed Church OF Hungary in
America
"who holds tho beneficial interest
In this trust?" the Attorney General
asked. III II Is held by tho Deity.
then surely 1t would DO sncrtlegious TO
hold there is an enemy interest"
The question before tho department
he said, was whether the church could
have It's property returned to 1t. Could
the church, he asked. be considered an
enemy under the Trading With the
Enemy act. and did the fact that some
OF tho contributors TO the church were
enemies "taint this church property"
TO the extent that there could be no
return OF the property7"
The property amounting 10 approx
tiiutoty EVsVV IA NV aIio
Gates OF Indebtedness to the mother
church in Hungary. secured by church
property here. was seized ut the out
break OF the war from the Hungarian
general credit bank at Cleveland act
ing rs agent OF the church in all fl
nancial matters. The decision in this
case will serve as a precedent in other
church property seizures.
Within the past few months, when
officials OF the church moved for n re-
turn OF the seized property, 1t was
met alphabetically by the present
Alien Property Custodian. but an
opinion from the Attorney General
was necessary before IL could DO re.
turned.
Reciting hat the Reformed Church
OF Hungary. with it's principal con.
g%regation and fiscal officers located
In Hungary. desiring to assist thu
creation and maintenance Of churche,
among Hungarlans In America. nd
vanced none TO the American
churches, the opinion declared tina
we'll established principles Of interna
tional law left no doubt that gifts t.
churches were gifts OF God.
The title TO hat property seized. tn
Attorney General held, was and is II
the Reformed Church OF Hungary n
trustee for the deity for religious pur
poses."
Asserting that with the advance
ment OF civilization and the growtl
OF Christian religion there was a
increasing tendency to save fror
.af,,,. md .Ia.t,,4. Dranot,, a.
voted TO religious and charitable worl
the Attorney General said that tn
United States had always stood 10
such n policy. and had from time {
, time pointed with pride to It's att
tude thereon"
THAT the United States IL n RI
. ligIous and Christian country" hs do
: clared. will not DO Questioned. but
judicial decision Is necessary. refer
ence may DO made to the casa OF tn
u Church OF ths Holy Trinity VS.. tt
United States 143 u. s. <67, page 4s
ct seq. Nor VIII Il be denied that tn
country has encouraged among 1
inhabitants religion. including FREE
= dom OF religious worship. We shou
r therefore construe the Trading Wi
the Enemy act as the word 'enem
Ia defined therein. IN view of the
o presidents and tendencies Of our n
h tional existence. To construe this act
% as TO make It apply to purely religion
organizations would be TO turn o.
l. backs upon the stand OF our Go
n eminent In the past and, in IA,
g would be subversive of the efforts
10 our Government in the past in O.
couragement OF religion"