*50.* _Wisconsin, Mississippi, New York._—The statutory law of the
different States of the Union is so varied and the laws of one State are
of so little interest to the people of another that it would be almost
useless and beyond the boundaries of this work to give the substance of
the various statutes. In some States there is a limitation upon the real
estate that a church or charitable organization may hold, and in other
States there is no limitation whatever. Wisconsin, perhaps, occupies the
extreme of greatest liberality, by not only allowing full freedom in
everything relating to religion and charity, but it further excepts from
the limitation all rights of alienation of real estate granted or devised
to a charitable association or to literary or charitable corporations
organized under the law of the State. The State of Mississippi probably
stands at the other extreme both in the narrowness of its constitution and
statutory law, and prohibits any devise or bequest of any personal
property or real estate in favor of any religious or ecclesiastical
corporation or any religious or ecclesiastical society. Neither does it
exempt a clergyman, physician, or lawyer, from examination as a witness
concerning information that he obtained in the performance of his
functions or duties as such. Its judges, however, are more liberal than
its legislators, and I know of no instance in which a clergyman,
physician, or lawyer, as a witness, was sent to jail for contempt of court
for not divulging information obtained in his professional capacity.
Probably New York has the most complete code(86) relating to religious
corporations.
*51.* _Real Estate, Parish, Diocese, Taxation._—It is very important that
a congregation about to purchase real estate should examine and understand
the statutory law of the State governing the powers and authority of the
Church as a civil organization. In some States there is no special law for
incorporating religious societies; while in most States there are special
provisions therefor. For this reason, I emphasize the fact that no parish
or clergyman is justified in organizing a congregation or purchasing land
without first knowing the law of that particular State. But generally it
is best that each congregation be incorporated and that its property be
held in the name of the corporation, so that the debts of one corporation
will not embarrass the diocese, and that bequests and gifts made to a
church may be enforced in the courts. The proceedings to incorporate are
fully stated in the statutes of each State. One of the things of the
utmost importance is that any notice to be given must be given strictly as
required by law.(87) Another is to incorporate in the way that avoids
taxation.(88)
*52.* _Riot, Damages._—Under a statute providing that a person whose
property is destroyed by riot may bring suit against the county for
damages, a corporation for religious purposes, as well as an individual,
has a right of action.(89)
*53.* _Use, Change, Parsonage, Discipline, Doctrine, Curate._—When a fee
simple is acquired by a religious corporation, without restriction as to
quantity, but limiting the purpose of its use, a subsequent Legislature,
with the consent of the corporation, has power to change or abrogate
altogether the restrictions as to the use of the land.(90) And the
Legislature may empower the church corporation to convey a house devised
to it for a parsonage with a condition that it be kept in repair, and
invest the proceeds in other property to be held for the same purpose.(91)
A State legislature can not interfere in church discipline and doctrine,
as by legislating what shall constitute a curate in the Catholic
Church.(92)