256 Pa. 14 | Pa. | 1917
Opinion by
The learned court below has found and clearly stated all the facts. The plaintiffs are Rabbi Aaron M. Ashinsky and the Beth Jacob Congregation, and the defendant is a member of the congregation which worships in a synagogue owned by it, situated 'at the southwestern corner of Epiphany and Townsend streets, in the. City of Pittsburgh. The bill prays that an injunction be granted enjoining and restraining the defendant (1) from entering into the synagogue or premises of the Beth Jacob Congregation, and (2) from insulting, molesting, approaching, accosting, or in any way speaking to Rabbi A. M. Ashinsky. The learned court entered a decree restraining the defendant from entering into the synagogue or upon the premises of the Beth Jacob' Congregation and from “insulting or molesting Rabbi A. M. Ashinsky in the synagogue or on or near the premises thereof, or in the public streets.” No question as to the form or sufficiency of the pleadings is raised on the record.
The facts are not in dispute, and a very brief consideration of the case will show that the court was clearly warranted in granting the first prayer of the bill and enjoining the defendant from entering into the synagogue or on the prémises of the congregation. The congregation is a corporation for the purpose of the support of public worship according to the faith, doctrine and usage of the orthodox Jewish religion. The defendant on numerous occasions during several years, prior to filing the bill entered the synagogue, called the rabbi vile names, caused great disorder, and created such disturbances during public worship as to seriously interfere
If the jurisdiction of the court was ousted and the defendant should have been dealt with by the laws of the church, as his counsel claims, he should have shown the existence of such laws. There is no presumption that such laws exist, and, if invoked by either side of the controversy,, they must be established by proof: Tuigg v. Treacy, 104 Pa. 493.
We cannot assent to the suggestion of the defendant’s counsel that, as the defendant is a member of the congregation and a pew-holder, the decree enjoining bim from entering the synagogue is, in effect, pronouncing a sentence of excommunication. So far as the record discloses he is still a member of the congregation, and the decree does not affect him as such. But this fact does not authorize him to enter the synagogue and by unlawful and scandalous conduct deprive the congregation of the use of the property for public worship, and thereby prevent the officiating rabbi and the congregation from making use of it for that purpose. His membership does not confer authority upon him to violate the laws of the church and of the Commonwealth.
We think the learned court erred in enjoining the defendant from insulting or molesting the rabbi near the premises of the synagogue, or in the public streets, and
The decree must, therefore, be modified by striking therefrom that part thereof enjoining and restraining the defendant from insulting or molesting Babbi Aaron M. Ashinsky near the premises of the synagogue, or in the public streets. As thus modified, the decree is affirmed.