Year: 1874

An interesting controversy has sprung
up at Toledo, Ohio, involving the right
q! a person who dies out oil the commu-
nion OF the Catholic Church to be buried
in LOT owned by relatives In Con
sscraicd Cemetery. The case at To-
ledo is that Of a Mrs. WYNN, recently de.
ceased, whose husband sought to bury
her remains in Catholic cemetery, but
was forbidden TO do SO by the Priest in
charge, on the ground that she was not
in communion with the Church at the
time Of her death, and therefore not en-
titled to Christian burial. It seems that
the mother Of Mrs. WYNN was the owner
Of lot in said cemetery, and this lot she
had conveyed to her children for family
burying place. Notwithstanding this
conveyance, however, and also notwiLh-
standing Mrs. WYNN had brother al
ready inferred in the lot, the Priest did
not recognize her right to burial
therein, and on the morning Of
the day fixed for the funeral in.
formed her husband by note that he
should oppose the burial by torcei il neces.
sary. The husband not wishing 10 wit
ness scandalous scene over the body Of
his vile, gave way for the time, and had
the remains temporarily deposited in q
vault, after which ne instituted legal pro.
ccedings to enforce his rights. The Priest
answers the complaint Of Mr.. WYNN by
replying that the cemetery is part Of the
Catholic Church legal property at Toledo,
and as such was set apart for burial pur.
poses under the rules OF the Church, one OF
which excludes from burial all persons
who die out OF its communion. The de.
ceased had ceased TO be communicate in
the Church, and was therefore not privi-
legged 10 be buried in its grounds. At the
time OF her death the rites Of the Church
over her dead body were refused for the
same reason. As a part OF his answer be
cites the Court 10 the following canon Of
the Church:


That every one Of the faithful Of both
sexes, after they come TO the years OF
discretion, shall in private faithfully con-
tess all their sins, al least once year, to
their own pastor, and take care 10 fulfill,
TO the best Of their power, the penance
apinipnI t1DNp Thorn. rncaipin1 raun nv, ,ly,
al least at Easter, the Sacrament Of the
Eucharist, unless, perhaps, by the counsel
OF their pastor, for some reasonable cause,
they judge proper 10 abstain from 1t for q
time; otherwise let them be excluded
from the Church while living, and when
they die be deprived Of Christian burial.


This case, when 1t Is tried, will no
doubt bring out an interesting discussion
over the point involved, viz, the rights Of
private ownership in property the title to
which Is vested in representative Of the
church. The cemeteries OF the Cath olic
church, like all their other property, are
vested in the Bishop Of the diocese in
which they ore located. For instance
the late Bishop WHELAN in his Lifetime
was the owner OF all the church property
in this diocese, and before his death he
made will vesting 1t all in his successor
Ia office. Whether such title would
give him or any other Bishop Of the
church the right to dictate the terms on
which property decided by them to other
parties-as, ior instance, cemetery lot,
shall be used, Is the question now pending
at Toledo. Ifsuch lot had even been sold
subject to the regulations ofthe church, it
isslill question whether the higher law Of
public policy" would not come in to de
feat the imposition OF ecclesiastical regu'
l4;ions in regard to its absolute enjoy
ment. The law is jealous, and very
properly SO, oil all ecclesiastical interfer-
ference with the rights and eDjoyments oI
property. The history Of Europe Is full
ol instances oI ecclesiastical abuses In this
respect, showing how prone hieracrhies
have been to lay these penalties at death
on the people for the sake Of compelling