Municipality of Ponce v. Roman Catholic Apostolic Church In Porto Rico

• Citation: 210 U.S. 296,28 S.Ct. 737,52 L.Ed. 1068
• Decision Date: 01 June 1908
• Docket Number: No. 143,143
• Parties: MUNICIPALITY OF PONCE, Appt., v. ROMAN CATHOLIC APOSTOLIC CHURCH IN PORTO RICO
• Court: United States Supreme Court

210 U.S. 296

28 S.Ct. 737

52 L.Ed. 1068

MUNICIPALITY OF PONCE, Appt.,

v ROMAN CATHOLIC APOSTOLIC CHURCH IN PORTO RICO.

No. 143.

Argued and Submitted March 3, 1908.

Decided June 1, 1908.

This suit was commenced by the Roman Catholic Church in Porto Rico through the bishop of that diocese, against the municipality of Ponce. The complaint fully set forth the facts by reason of which relief was demanded. A demurrer was interposed, which was overruled, and leave to answer granted, which defendant having failed to do, judgment was entered by default.

It appeared that the Roman Catholic Church had been for many years in the lawful and peaceful possession of two churches, or temples, one in Ponce and one in Playa, the port of Ponce, dedicated, consecrated to, and always used by, the Catholic Church for its worship.

The petition alleged, among other things, that 'these temples or churches were built with the funds of the municipality within which they are situated, and since then they have been maintained by donations and alms from the parishioners; and, with respect to them, their possession by the Catholic Church runs for many years, counting from the time when the building of the same was completed. And none of the buildings of those temples, since they were built, have been used for any other purpose than Catholic worship.'

In 1827, by reason of steps taken by the royal alcalde of Ponce and by the then governor of the island, Don Simon de la Torre, a board or commission having jurisdiction over the repairing and conservation of churches advised the governor that it was 'in keeping with the decorum of a rich and Christian city like Ponce to have a temple which would show that such conditions existed, covered with an arched roof, and not a roof of thatch,' etc.

The petition describes with considerable minuteness of detail the various steps taken to rebuild or repair this church at Ponce. The last estimate for repairs was made in 1872.

It is evident from the record that the sums expended came from several distinct sources——

(1) funds voluntarily contributed by the parishioners; (2) the funds of the 'House of the King;' (3) an assessment made in 1835-6; (4) moneys advanced by the municipality.

As to the church at Playa, it was erected in part, at least, with funds donated by the parishioners, and apparently on private land.

Whether the funds subsequently used for repairs of either or both of the temples were in part derived directly from the municipality or merely taken by way of loan was a matter between the central government and the municipality, which could not affect the title of the church under the thenexisting relations between church and state.

The complaint then alleged:

'13. The city council of the city of Ponce has included in the inventory of its property the parochial church described in the first allegation of the complaint, on the ground that, from time immemorial, the said church has been included in that inventory. We do not know the exact date on which that inventory may have been made, but, according to the information we have, it only runs back a few years from this date.

'14. After the change of sovereignty, the city council of Ponce attempted to record in the registry of property the possession of the said church, and the lot upon which the same is situated; but, in view of the fact that this was contrary to the provisions of paragraph 2 of article 25 of the regulations for the application of the mortgage law, which excludes the inscription of public temples used for Catholic worship, the registrar of property of the district of Ponce refused to make the inscription unless a decision be obtained from the secretary of justice to authorize the same, notwithstanding the prohibitive provisions of the regulations. The secretary of justice rendered the decision applied for, repealing, without being a legislative authority, the said article 25 of the regulations in its second paragraph.'

The supreme court of Porto Rico rendered the following judgment at San Juan, Porto Rico, May 21, 1906:

'This cause having heretofore been regularly called for decision upon the demurrer filed by the defendant to the plaintiff's complaint, and the same having been fuly considered and overruled, and leave granted the defendant to file an answer within the time prescribed by law, and the said defendant having failed to file such answer, and judgment by default having been duly rendered therein, all of which proceedings appear in the record of this court, it is accordingly now hereby ordered, adjudged, and decreed that the plaintiff have judgment against the defendant as prayed for in the complaint, and that all adverse claims whatsoever of the defendant and of all persons claiming or to claim the property herein described, or any part thereof, under said defendant, are hereby ordered, adjudged, and decreed to be invalid and groundless, null and void; and that the plaintiff be and hereby is declared, adjudged, and decreed to be the sole, true, lawful owner of the houses and lands hereinafter described, as set forth in the complaint, and every part and parcel thereof, and that the title of the plaintiff thereto is adjudged and decreed to be quieted against any and all claims and demands of the defendant; and the said defendant is hereby perpetually enjoined and estopped from setting up any claim or title whatever thereto, or to any part thereof.

'Said premises are bounded and described as follows:

"The first is a building constructed of brick and masonry, situated in the city of Ponce, on an area of 65 meters and 8 centimeters wide, including the walk, the building measuring 48 meters long by 24 meters and 67 centimeters wide; bounded on the north by the Plaza Principal; on the south by the Plaza de las Delicias; on the east by the fire department, which is situated on the same lot or yard as the church; on the west by the said Plaza Principal.

"The second is another building situated in the center of the Plaza de la Playa de Ponce; the superficial area whereof measures 42 meters and 20 centimeters long, by 19 meters and 40 centimeters wide; including the walk, the building measuring 18 meters and 30 centimeters long by 16 meters and 20 centimeters wide. It is bounded on all four sides by the Plaza de la Playa.'

'The inscription of possession heretofore made in the registry of property at Ponce, concerning the above said properties, in favor of the defendant, the municipality of Ponce, is hereby canceled and declared to be utterly null and void, and the proper indorsement must be made upon the said registry indicating the same.

'It is hereby further ordered, adjudged, and decreed that the plaintiff do have and recover all costs of this suit, which are hereby taxed at $_____ dollars, and that the defendant be ordered to pay the same within thirty days from this date.

'Thus we pronounce, command, and sign.'

The case was then appealed to this court, and the following errors assigned:

'First. That the supreme court of Porto Rico was without jurisdiction of the subject-matter in controversy.

'Second. That said court was without jurisdiction of the parties.

'Third. That the said court erred in overruling the general demurrer and the eleven special grounds of demurrer interposed by the defendant to the complaint filed in said cause.

'Fourth. That the said court erred in rendering judgment against defendant in said cause, upon the pleadings in said cause, and that the judgment is contrary to the law and the facts as stated in the pleadings in said cause.

'Fifth. That the court erred in entering judgment without taking evidence and proofs or setting the cause upon the docket for hearing.

'Sixth. That the said court erred in rendering judgment in favor of the plaintiff and against the defendant in said cause.'

Mr. Frederick L Cornwell for appellant.

Messrs. Frederic R. Coudert, Howard Thayer Kingsbury, and Paul Fuller for appellee.

Statement by Mr. Chief Justice Fuller:

Mr. Chief Justice Fuller delivered the opinion of the court:

This suit was brought under an act of the legislative assembly of Porto Rico, entitled, 'An Act to Confer Original Jurisdiction on the Supreme Court of Porto Rico for the Trial and Adjudication of Certain Rpoperty Claimed by the Roman Catholic Church in Porto Rico,' approved March 10, 1904, as follows:

'Be it enacted by the legislative assembly of Porto Rico:

'Sec. 1. Original jurisdiction is hereby conferred on the supreme court of Porto Rico for the trial and adjudication of all questions now existing, or which may arise, between the Roman Catholic Church in Porto Rico and the people of Porto Rico, affecting property rights, whether real or personal or mixed, claimed by either party.

'Sec. 2. The attorney general of Porto Rico shall be authorized to accept service for the people of Porto Rico of any citation, summons, or other process issued by said court in said proceedings.

'Sec. 3. The supreme court, for the purpose of such trial and adjudication, shall have the right to issue process for witnesses and to receive and hear testimony, and the procedure in said court shall be the same, as near as may be, as that prescribed for the district courts of Porto Rico in civil cases, and the supreme court shall have full power to enter any and all orders and decrees that may be necessary to a final and full adjudication of all the claims of either party to the proceedings, and may issue all writs or process necessary to enforce the jurisdiction hereby conferred upon said court: Provided, that the attorney general of Porto Rico shall at once prepare for such hearing and trial, and, if the said Roman Catholic Church does not commence proceedings under this act within three months after its passage and approval, then, in that event it shall be the duty of the attorney general to commence said proceedings in behalf of the insular government.

'Sec. 4. After the issues have...