260 A.D. 408 | N.Y. App. Div. | 1940
Appeal from a judgment dismissing plaintiffs’ complaint on the merits.
•VcU St. Michael’s Greek Catholic Congregation was incorporated under the Membership Corporations Law of the State of New York on January 3, 1905t'/ So far as relevant to the issue here presented, the certificate states the purpose of the corporation, “ To preserve and keep the property now belonging to and hereafter to be acquired bv the said corporation for the benefit of the people belonging to and practicingAbhe._tea.chi.ngs .of — the—Greek Catholic Church or Congregation residing imthe City of Binghamton, N. Y.. and surrounding towns. Said property, however, is j never to be conveyed or acquired, either directly or indirectly the benefit of the Russian Orthodox Schismatic Church or any of its branches or to the benefit of ahv~other church oFconaxegation whatever, except that the same, or any part thereof, may be hereafter deeded or turned over to any Greek Catholic Church which'! <y may hereafter be incorporated under the laws of the State of New York or otherwise, .and have its place of worship within. Aha-City, fay * of Binghamton, N. Y.” The plaintiffs assert that the church is a Catholic church united with Rome and under the control of the Popé; Wé^éTendañffiYKatPffTsTñdependent and under the control oFSo outsidegoTeming authority. The Bishop of the Greek Catholic Church united with Rome having jurisdiction in this area, has selected a pastor approved bv the plaintiffs: the defendants, following a vote by the congregation, have selected another. The suit is brought to restrain the defendants from interfering with the occupancy and control by the pastor selected by the Bishop of the parish house, church edifice and other church property.
The defendants are trustees of the church, selected in accordance with the corporate by-laws! “ The trustees of every religious corporation shall have the’ custody and control of all the temporalities and property, real and personal, belonging to the corporation and of the revenues therefrom, and shall administer the same in accordance with the discipline, rules and usages of the corporation and of the ecclesiastical governing bodvFif 'anv> to which the corporation is subject * * (Religious Corporations Law, § 5.)
If this church is subject to the rules of the Roman See and underl f¡ the control of the Pope, plaintiffs’ contentions am. wpill fonndnd; II | as the defendants acting as trustees are not administering the affairs of the church in accordance with the requirements of the ecclestiastical governing body. Upon the other hand, if the church was organized and has beén conducted without affiliation with Rome, and is an independent body, plaintiffs have no standing in court. (Matter of First Presbyterian Society of Buffalo, 106 N. Y.
“ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” (U. S. Const. First Amendt.) Justice Field wrote in Davis v. Beason (133 U. S. 333, 342); “ The term ‘ religion ’ has reference to one’s views of his relations to his Creator, and to the obligations they impose of reverence for his being and character, and of obedience to his will. It is often confounded with the cullus or form of worship of a particular sect, but is distinguishable from the latter. The first amendment to the Constitution, in declaring that Congress shall make no law respecting the establishment of religion, or forbidding the free exercise thereof, was intended to allow everyone under the
“ The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind.” (State Const, art. 1, § 3.) Former Presiding Justice Van Kirk wrote in Smith v. Donahue (202 App. Div. 656, 660): “ The State has ever been zealous, since its organization, to protect against appearance of an encroachment upon the right of free worship of God as the conscience of the citizens may choose and direct.” The worshippers who founded this church may well have cherished traditions originating with Constantine, the first Christian Emperor of the Roman Empire, to whom is credited the authorship of the Edict of Milan, issued in 313 A. D., granting “ both to the Christians and to all others free power of following whatever religion each may have preferred. * * * The absolute power is to be denied to no one to give himself either to the religion of the Christians, or to that religion which he thinks most suited to himself.” The testimony is undisputed that the founders, intended to form an independent Greek Catholic churchnaoUumted with Rome. In this they were well within their rights.
Plaintiffs assert that this congregation, subsequent to the incorporation, has been so conducted that now it is a Uniate church, i. e., one united with Rome and subject to control by local ecclesiastical authority representing the Vatican. Bishop Ortinskv. a Uniate Greek Catholic Bishop residing in Philadelphia- came to Binghamton in 1907 and dedicated the-edifice-owpcd -by-4his--congregation. He requested that the property be conveyed to him in compliance wit'h~the requirements of ~4he Vatican for a "Uniate church. This" request was refused by the members of the corpora-■505" and congregation. The dedication bv a Uniate Bishop is regarded as significant by tHe plaintiffs. Any inference which this mlgnt justify is refuted by the refusal to convey the property when requested to "do" soj" and by the" fact that the Bishop accepted $100 for the dedication ceremony, the canon law forbidding that money be accepted for the dedication of a Uniate church.
Eleven priests or pastors served this congregation before the disagreement out of which this litigation arose. Much testimony was given, hearsay and otherwise, concerning their affiliation or
It was for the Bishop, after such consultation with his superiors, if any, as he deemed necessary, to determine whether or not he would recommend a Uníate priest for the consideration of this independent congregation. His act in this particular did not affect the independence of the church corporation.
An exhaustive opinion was written by the official referee (Hraman), and findings in great detail were made. I do not feel, in view thereof, that more discussion is necessary. Nothing was proven which affected the right of this church and congregation to continue as it began, an independent Greek-Catholic church, without affiliation witA'Rome df' with the successor or successors of the Russian Synod.
The judgment should be affirmed, with costs.
Crapser, Bliss, Schenck and Foster, JJ., concur.
Judgment affirmed, with costs.