State ex rel. Barry v. Getty
State ex rel. Barry v. Getty
Opinion of the Court
“ It is the settled policy of this State to so frame its legislation that each denomination of Christians may have an equal right to exercise ‘ religious profession and
This peculiarity creates a special difficulty in defining the meaning of “Roman Catholic congregation,” as used in the statute, and in passing on any alleged illegality in the conduct of a meeting of such congregation. Doubtless the authentic ecclesiastical laws of the Roman Catholic Church
It is not necessary, however, to discuss this question in the present case, for the law is mandatory that the lay members of each corporation, without the presence of one of whom no corporate act can be performed, must “ be appointed annually by the committee of the congregation.” It is claimed that the law is modified by a clause in the decrees of the Baltimore Council, which reads: “It is for the Bishop to judge not only as to the necessity of employing such laymen auxiliaries (i. e. “ lay members ”), but also to their number and the manner of selecting them.” It seems apparent that this language was not used for the purpose of attempting to prescribe the number and manner of selecting the lay members of corporations organized under § 2092. The advisory letter of the chancellor of the diocese, which appears in the finding, states that the first step in the choice of lay delegates is that “ the members of the congregation, not the pastor, should elect a committee.” But if it were possible to assume that the church decree quoted was intended to alter the law, such intention can produce no result. Doubtless if it were authoritatively represented to the legislature that the Roman Catholics of the State desired a change in the law, the change would be made. But the legality of the organization of this corporation must be tested by the law. The lay members can only be appointed by “ the committee of the congregation.” Whatever may be the appropriate method of selecting that committee, it is certain the respondents have not been so appointed. This is admitted in the plea and is found by the court. The election by the congregation gave the respondents no title. As this is their only justification, it follows that upon the facts found by the court judgment of ouster should have been rendered.
The issues were somewhat confused by the error of the parties in framing their pleadings as if the proceeding of quo warranto were a civil action under the Practice Act. This fault was commented on in the case of State ex rel. Hosford v. Kennedy, ante, p. 220.
In this opinion the other judges concurred.
Sec. 2092. A corporation may be organized in connection with any Roman Catholic Church or congregation in this State, by filing in the office of the Secretary of the State a certificate signed by the bishop and the vicar-general of the diocese of Hartford, and the pastor and two laymen belonging to said congregation, stating that they have so organized for the purposes hereinafter mentioned; and such bishop, vicar-general, and pastor of such congregation shall be members, ex officio, of such corporation, and upon their death, resignation, removal, or preferment, their successors in office shall become such members in their stead. The two lay members shall be appointed annually, by the committee of the congregation; and three members of this corporation, of which one shall be a layman, shall constitute a quorum for the transaction of business.
Sec. 2093. Such corporation may receive and hold all property conveyed to it for the purpose of maintaining religious worship according to the doctrine, discipline, and ritual of the Roman Catholic Church, and for the support of the educational or charitable institutions of that church; provided that no one incorporated congregation shall at any time possess an amount of propérty, excepting church buildings, parsonages, school-houses, asylums, and cemeteries, the annual income from which shall exceed three thousand dollars.
Sec. 2094. Such corporation shall at all times be subject to the general laws and discipline of the Roman Catholic Church, and shall receive and
Reference
- Full Case Name
- State ex rel. George Barry v. Eli Getty and James Reynolds
- Cited By
- 1 case
- Status
- Published