USA > Ohio > Cuyahoga County > Cleveland > A history of Catholicity in northern Ohio and in the diocese of Cleveland from 1749 to December 31, 1900, Volume I, pt1 > Part 13
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"In 1872 the late Archbishop Purcell brought suit to restrain the Treasurer of Hamilton County from collecting taxes on the Catholic parochial schools of Cincinnati. In due time the case was argued in the District Court, resulting in a decision in favor of
The Catholic Central Association ceased to exist in 1893.
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the schools. The treasurer appealed the case, and in 1876, after a careful and exhaustive examination, the Supreme Court of Ohio affirmed the decision of the lower court. This was thought decisive, and was so accepted in every county of the State-Cuya- hoga excepted. Cleveland has for long been noted for its anti- - Catholic spirit and its narrow-minded Puritanism.
"True to his character, Mr. Benedict, County Auditor, re- fused to recognize the decision of the Supreme Court. What did he care for courts, if courts assumed to protect Catholic schools and assert that they had rights, when such rights conflicted with his anti-Catholic prejudices. So, in the face of this decision of the Supreme Court, he placed the Catholic parochial schools of Cleve- land upon the tax duplicate and directed the treasurer, Mr. Pelton, to collect the tax. In the year 1876 an injunction was taken out restraining the treasurer from collecting this tax. In 1878 the case was tried in the Court of Common Pleas, Judge Jones pre- siding. After a six-days' trial, in which every latitude was allowed by the Court for the introduction and examination of evidence, the case was decided in favor of the schools.
"This was thought decisive; but no, Mr. Ingersoll, attorney for the county, had a new plea, and on that appealed to the District Court, where he was again defeated, only to appeal to the Supreme Court, to be there for the third time defeated, by the decision of the 11th inst., [Dec. 11, 1883], by which it is now finally settled that Catholic schools within the State of Ohio shall not be taxed.
"This decision is vastly more important than that of Cincin- nati, as this includes that of Cincinnati, while that of Cincinnati does not include this. Had this been lost that of Cincinnati had also been lost, as will appear from the following :
"The plea in the Cincinnati case was, 'The Catholic parochial schools of Ohio are institutions of public charity.' In this suit in Cleveland the plea set up was 'Granting that Catholic parochial schools are institutions of public charity,' that does not exempt them from taxation 'because they are organized and conducted in direct hostility to the public policy of the State ( !! ) and conse- quently the State cannot afford relief to its enemy.'
"This was rather a bold position to take, but Cleveland was equal to the task, and outside of J. E. Ingersoll, there could not have been found a lawyer, claiming position above the commonest pettifogger, who would have insulted the intelligence of courts, or assailed the rights of Catholic citizens with such a plea. Mr. Ingersoll has the proud distinction of being the first lawyer in the country, since the Declaration of Independence, who has at- tempted to prove to the 'courts' that 'Catholicity teaches doctrines hostile to the policy of the State.'
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IN THE DIOCESE OF CLEVELAND.
"Heretofore the doctrine of the Courts, and the public senti- ment of the country have been 'The State has no religious policy, and consequently neither State nor Courts had any authority to discuss, far less decide, what was true or false in religion. This was a matter for the individual conscience, not for Courts.
"In the Court of Common Pleas Judge Jones allowed widest latitude in the examination of witnesses, and the widest range of evidence. For one day and a half the Rt. Rev. Bishop was on the stand, Mr. Ingersoll examining into the entire polity of the Church from the teaching of catechism up to the Pope, and from the Pope down to the humblest Catholic, in hopes of finding some clue on which to hang his pent-up bigotry and deep seated antagonism to Catholicity. In his three hours' harangue before the Court he exhausted his talents in trying to show that Catholicity could not and should not be protected, nor its schools released from taxation, because the Catholic Church was hostile to a free government and the Catholic schools were organized and conducted in hostility to the public policy of the State. At the fall elections he had this speech published and distributed broadcast as a political campaign document, hoping thereby to rouse the anti-Catholic spirit of the city and thereby intimidate the judges of the District Court to which he had appealed the case. At the same time the Leader made a most bitter and unjustifiable attack on Judge Jones because he had had the courage and virtue to be a just judge, and to recognize the duty of a judge to be, to decide cases according to law, not prejudice. For this act of justice to Catholics he was defeated at the next election and Mr. Williamson, the associate lawyer of Mr. Ingersoll, was elected in his stead. However, at the last election Judge Jones was re-elected, running far ahead of his ticket-a deserved compliment to his justice as a judge. This attack upon the judiciary was made in hopes of intimidating the District Court and thereby thwarting its decision. The same was done again a few weeks ago by the Leader when the suit came up in the Supreme Court. *
"When the County Commissioners were remonstrated with and the decision of the Supreme Court pointed out to them, as also the decision of the Court of Common Pleas and the District Court of Cleveland, they refused to interfere but permitted the suit to go on entailing expense on both the County and the Catholics, fearing that if they stopped the suit they would lose votes and popularity. Had they been paying the expenses of the suit out of their own pockets they would have been less ready to have had the suit go on. But the county was rich, and if an additional tax could be put on Catholics all the better. Such were
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our commissioners and such the public officers with whom Catholics have had to deal.
"The suit in Cincinnati cost the Archdiocese a large sum ; the same is true of Cleveland. Yet both suits were forced upon Catholics simply and solely to protect themselves against two bigoted and unjust officials who insisted upon unlawfully taxing Catholic schools. It seems not enough that Catholics have rights. but they must be unjustly taxed to assert and maintain them. It is not too much to say that this suit is a clear case of barratry, and a bigoted attempt on the part of Benedict and Pelton to unjustly tax the Catholics of Cleveland. It is not enough that Catholics burden themselves to educate their children and thus save both State and city hundreds of thousands of dollars per year. They must be worried and put to the expense of defending themselves against the injustice of such men as this Benedict, who should be forced to repay both the county and the Catholics of Cleveland the heavy expense his bigotry and injustice have put them to. As for Mr. Ingersoll, he was paid to exhibit his bigotry and senseless hatred of Catholicity. The peroration of his speech before the Supreme Court would make his fortune in a Know-Nothing lodge, but it woefully failed him before all three Courts, where his appeals to prejudice found their only echo in his own anti-Catholic bitterness.
"Judge Burke and Mr. Sanders his associate, the attorneys for the schools, merit all thanks for their able management of the suit, and the Catholics of Cleveland and the entire State have just cause to rejoice that once again they and their rights have been vindicated by the Courts. It is a remarkable fact that of the many suits of late taken into the courts, either by, or against the Church, that the courts have almost without exception decided in favor of the Church. This loudly bespeaks the justice of our complaints, and should silence the grumble of those who find fault because bishops insist upon the just rights of Catholics before the law. So far nothing has been got by weak yielding.
R. GILMOUR."
The Bishop's house, on Bond street, was not diocesan property, but the personal property of Bishop Rappe, who on his departure from Cleveland, leased it for a term of years. The lessee sublet it to the Very Rev. Administrator Hannin as a residence for himself and the Cathedral clergy. Bishop Gilmour was informed of this fact within a few days after he came to Cleveland, and at the same time was notified that the rent, considered high even then, would at once be raised.
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THE EPISCOPAL RESIDENCE, CLEVELAND.
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Unwilling to be a tenant any longer than he could help, the Bishop arranged for the erection of the present episcopal residence on Superior Street, immediately east of the Cathedral, the cost to be borne equally by the diocese and the Cathedral parish. The building was begun on borrowed money, in 1874, completed in 1876, and finally and fully paid for in 1895.
On June 24, 1874, Bishop Gilmour fell seriously ill of nervous prostration, and for two years was unable to attend to the affairs of the diocese. On the advice of his physicians he went to Europe for the benefit of his shattered health. During his absence, the Very Rev. F. M. Boff, who had been made Vicar General in May, 1873, was appointed administrator of the diocese.
The Bishop returned from Europe in June, 1876, much im- proved, though by no means fully restored to health. Gradually he regained strength and by degrees resumed duty.
Between 1872 and 1877 the diocese showed a marked degree of activity, as seen in the erection of a large number of churches, schools, and religious institutions. During this period thirty-one churches were built, and as many new congregations established.
In 1872 the Sisters of St. Joseph, a teaching community, were welcomed to the diocese, as also, in 1874, the Sisters of Notre Dame, who had been exiled from Germany because of the "May Laws." Both these communities established themselves in Cleve- land, each now having flourishing academies in connection with their convents.
Bishop Gilmour was a staunch supporter of the Catholic press. He recognized and appreciated its power for good, holding, as he did, that it was the pulpit's best ally. He found no Catholic paper in the Diocese of Cleveland on his arrival as its bishop, and no paper friendly to Catholic interests. The Celtic Index, although published and edited in Cleveland by at least nominal Catholics, was fashioned on national rather than Catholic lines.
The Bishop therefore determined, at the earliest possible opportunity, to have a paper published under his direction, that would serve as a medium by which to reach the public in defense of Catholic doctrine and the civic rights of Catholics, who formed a large proportion of the population in Northern Ohio. As a result of his efforts the Catholic Universe was established,
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its first number appearing on July 4, 1874, with the Rev. Thomas P. Thorpe as its editor, who continued as such until September, 1877. He was then succeeded by Mr. Manly Tello, who was its editor for fifteen years. Both he and his predecessor did most efficient work as Catholic journalists, and in a very short time the Catholic Universe had gained position as one of the most influential Catholic papers in the United States. Its able editorials were quoted, or referred to, far and wide. But, like most Catholic papers, it had to suffer financially, largely because of dishonest subscribers who read the paper but failed to pay for their subscrip- tion. Added to this, the Catholic Universe, always loyal to authority, was "boycotted" by many who disapproved of its course. The result was that an annual deficit had to be met by its founder, Bishop Gilmour. This he did out of his own limited means, aided at times by some of the friends of the paper who knew of its financial straits. It was repeatedly, openly, maliciously and falsely charged by the enemies of the Catholic Universe, and of the Bishop, that he used diocesan money to cover the paper's deficits. The writer, who fully knew Bishop Gilmour's financial affairs for fourteen years, here states that the Diocese of Cleveland, neither directly nor indirectly, paid even so much as one dollar for the support of the Catholic Universe, or to meet its deficits .* The Bishop felt this constant strain on his slender means; but rather than let the paper miss an issue, or cease publication, after it had done religion and the diocese such valiant service, in the face of opposition, he paid the deficits, as above stated.
In 1873 a Foundling asylum was opened in Cleveland and placed in charge of the Sisters of Charity, for the reception of waifs. In connection with the asylum a lying-in hospital was also founded. Until the opening of these two institutions, wealthy Cleveland had no shelter to offer these helpless babes and their unfortunate mothers-the former, offsprings of sin, the latter, its victims.
On invitation of Bishop Gilmour, the Ladies of the Sacred
*In consequence of meeting these annual deficits, Bishop Gilmour dled a poor man, not leaving means enough with which to pay his burial expenses; these had to be met by the diocese of Cleveland. Since Bishop Gilmour's death, the Catholic Universe has been owned and controlled by a stock company (which assumed the paper's liabilities). It has continued on the same lines, as In the days of Bishop Gilmour, holding a deservedly high rank among Catholic journals.
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حمي
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Heart of Mary, connected with St. Mary's and St. Joseph's Orphan Asylums, Cleveland, established (1874) an academy at Louisville, Stark county. The building, known as St. Louis' College, which was closed in 1873, was used for that purpose. With the academy was also an institution for deaf mutes. Both academy and institute were closed a few years later for want of support. ..
A convent of Ursuline Sisters was founded, in 1874, at Youngstown, to take charge of the parochial schools in that place, and eventually to establish an academy.
In 1875 the Grey Nuns of Montreal built a hospital in Toledo which was opened to the public in 1876. In the following year the Franciscans established, near their monastery in Cleveland, St. Joseph's College for boys. Although this institution was fairly supported, the Franciscan Fathers found it impracticable to continue it longer than until June, 1880.
On September 8, 1877, the sad news of Bishop Rappe's death reached Cleveland from St. Albans, Vt. As eminently meet, as well as justly due to the memory of the deceased Bishop, arrange- ments were at once made to have his remains brought to Cleveland for burial. On their arrival an immense throng met them, and Cleveland's citizens, without creed or class distinction, vied with each other to pay their last tribute of respect to the remains of Bishop Rappe, whom in life they loved and respected, and whose memory, in death, they revered as that of a public benefactor, and noble hearted prelate. Silent and sad as was his departure from Cleveland seven years previous, grandly triumphant in death was his return to the city he loved so well, of which he spoke when in the throes of death, and to which, during nearly a quarter of a century, he had given his best efforts. After the impressive obsequies his remains were placed in a crypt under the main altar of the Cathedral, there to repose till the Last Call.
On March 13, 1879, Bishop Gilmour published another of his vigorous Pastoral letters, for which he had become famous. Although not attacked this time by the non-Catholic pulpit and press as he was for his fearless Pastoral of February, 1873, yet it attracted widespread attention in and out of the Church. Follow- ing are a few of its more salient passages :
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"This is an age of restless uneasiness. Amid the general upheaval of society the past is passing away. The old restraints and ties that held society together are disappearing ; new theories and false doctrines are taking their place; authority is but little respected ; might is taking the place of right; religion is scorned and the Church persecuted; the State is absorbing all power, and men without religion or morals are become the law-makers.
"To hear men speak one would think God had no rights, and society was at liberty to do as it pleased. 'All men are free and equal,' say the demagogues; 'educate the masses,' say the reformers, and with these two cries the world has gone mad.
"Never was there a falser cry than that man is free. No man is free, no created being is free; God alone is, or can be, free. because God alone is supreme and without master. No man is free to break the laws of God ; no man is free to break the just laws of the State ; no man is free to break the reasonable laws of society. .If then man is not free to break the laws of God, nor the just laws of the State, nor the reasonable laws of society, wherein lies his freedom? We are all born in sin, and are therefore the slaves of sin, if slaves, certainly not free. We are all born subject to law; we are all therefore the slaves of law. We can neither add to our life, nor our property, but as God gives. All we have is God's. We can neither move nor think, nor act but by the will and power of God; we cannot add a day to our lives, nor an inch to our stature. Helpless as we thus are, and dependent upon the will of God for all we have or are, yet men speak as if they were free and independent; that for them there was neither law nor God."
On the subject of Catholic schools, whose ever sturdy defender and earnest promoter he was, he wrote as follows:
"The necessity of making religion a part of the daily educa- tion of the child is not a matter for discussion. It is a ruled question in the Catholic church. The Instruction on the school question, sent some two years ago by the Holy See to the Bishops of America has definitely settled this matter, and ended all discussion as to the obligation of establishing and supporting Catholic schools. Catholic children must be educated under the influence of the Catholic religion, daily taught its doctrines and trained to practice its precepts. As the public schools are at present organ- ized, the Catholic religion is not, and can not be taught in them; on the contrary whatever religion is taught in them is anti- Catholic, and therefore dangerous for Catholic children. Under these circumstances no Catholic can be permitted to send his children to the public schools, unless where there is no Catholic school established, and then, the parent must take every precau-
ST. MARY'S PASTORAL RESIDENCE, SANDUSKY.
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tion to guard the child against the evil influences of the public schools, and carefully and constantly instruct him in his religion. Unless this be done, no matter what the excuse, no parent would be justified in sending his child to the public schools, thereby endangering his faith.'
Always a firm believer in the Catholic press, and always its practical supporter, he expressed his views on Catholic papers, as follows:
"Good reading is not only a help in the education of children, but as society is now organized, is almost a necessity. The press is a part of our daily mental food. Old and young read ; good, if provided; bad, if it must be.
"Thanks to the energy of our Catholic publishers, there is now no lack of books, periodicals, and papers of all classes, from the heavy theological tome to the light interesting story for the child, and at prices within the reach of all. There is therefore no cause for complaint, either as to price or variety. Parents must therefore strive to provide their children with healthy reading, in the form of good books, instructive periodicals and good Catholic papers. Every Catholic family should subscribe for, at least, one Catholic newspaper. If there is a Catholic paper published in the diocese, then they should first subscribe for that paper, and after for others. The Catholic press has not been supported as it should be; Catholics seem not to be alive to the value of the press, and so far have not given it that support that either their numbers or their wealth would suppose. Here and there a few bishops, and a few enterprising priests and laymen, have labored to create a press, but there has been no organized or general effort made. Our wealthy Catholics seem to think they have done their duty if they subscribe for a paper, and let the editor spend the half of their subscription in writing duns for its collection.
"The publishing of papers means money. Our wealthy Catholics must be willing to help toward their establishment by generous subscriptions. Editors must not be the factotums of a newspaper office. Priests must urge their people to subscribe for papers, generous assistance must be given, so that papers will have the means to pay for the talent and labor necessary to bring out first-class papers. It will never do to wait till a paper is established before we subscribe; we must help when they are weak, and thus enable them to grow strong.
"It is simply a disgrace that, with a population of eight millions of Catholics in the United States, and with populations in some of our large cities, numbering up to the hundreds of thous- ands, we have not a single daily (English) paper conducted from a Catholic standpoint.
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"In towns of ten or twelve thousand inhabitants, Protestants will have a daily paper, but in cities where there are from twenty to a hundred thousand Catholics, Catholics will not only have no daily paper to defend them, or give them truthfully the news of the day, but they will not even have a Catholic weekly paper, or if they have, it will be so badly supported that those who work for it are not half paid. This is all wrong; Catholics must support Catholic papers, and thus enable us to defend Catholic rights, and fight our enemies with their own weapons. We respectfully urge this upon the notice of pastors and people, and most earnestly urge them to sustain and help create a vigorous and manly Catholic press."
Bishop Gilmour had clearly defined views on extravagant funerals, against which he expressed himself in unmistakable language, as appears from the following passage in his Pastoral letter :
"The pride and extravagance that everywhere reign amongst us is a matter for grave censure. Our people live too high, dress too extravagantly, and spend too much money on show and folly. There is altogether too much pretense amongst us. In this the poor imitate the rich, and the rich are too often living on credit. The extravagance of the late war has set the country mad; pride and luxury have made the country bankrupt. Everybody is crying out, 'hard times,' but few are lessening expenses.
"In few things is this seen more than in the extravagance of funerals. To look at the costly caskets, the richly ornamented coffins, the flowers, the plumed hearses, the long line of carriages, one would think we were a nation of kings and princes; that we had money for the asking, and that there were no poor amongst us. In this, Catholics are as bad as others, and in some respects worse, for they are the poor, and so can not afford the outlay. Their religion also forbids this; their bishops and priests are con- stantly preaching against it. Common sense forbids the vain extravagance and empty pride that are every day seen at the funerals of Catholics. * * *
"Money is extravagantly spent apparently to honor the dead; in reality it is to gratify the pride of the living. Catholics and Protestants are alike guilty of this folly, and neither the pulpit, nor the press, seems capable of correcting or controlling it. The poor must recognize that they are poor, and the pretended rich that they are not to gratify their pride by running bills they are not able to pay. People must live within their means, and all must learn that honesty is the first duty of man to man. It is no disgrace to be poor; our Master was poor. He lived and died in poverty. We are no better than He was.
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"In the cities and larger towns, let the old-fashioned and Christian custom, of walking from the house of death, to the church, be revived. From the church, let the immediate relatives accompany the dead to the cemetery, and thus let it be understood that with the religious exercise in the church ends the public part of the funeral. Thus let the dead preach to the living, not the living display their pride over the dead."
On "Liberalism," that bane of Catholic life, he wrote as follows :
"Dear children of the Laity, we can not too strongly impress upon you the necessity of standing by your faith. The world has gone riot on resistance to authority. The cry is: 'Down with kings, down with priests, down with the rich, down with the past, up with the people, up with modern progress, all men are free and equal.'
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