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# Cadle v. Baker

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United States Supreme Court
87 U.S. 650
Cadle v. Baker
ERROR to the District Court for the Middle District of Alabama; the case being thus:
The forty-sixth and forty-seventh sections of the National Currency Act provide that if any of the banks which it authorizes fail to redeem their notes, the holder may have the notes protested; and that notice of the protest shall be forwarded to the Comptroller of the Currency; that upon receiving notice of such failure to redeem, the comptroller shall send a special agent to ascertain the facts; and if, on the report of such agent, he shall be satisfied of the failure, he shall declare the securities of the bank pledged for redemption of the notes forfeited, and give notice to the noteholders to present them to him for payment.
The fiftieth section enacts that on becoming satisfied of the failure 'as specified in this act,' he may also appoint a receiver, who, under his direction, shall take possession of the assets of the bank and collect all debts due to it, &c.
The same section provides, however, that if the bank denies that it has failed to redeem its notes, it may apply to the nearest District Court or Territorial court to enjoin further proceedings in the premises, when, if such court, on hearing the case, shall be satisfied that there has been no failure, it may enjoin both comptroller and receiver from all further proceedings on account of such alleged refusal.
This statute being in force, the Comptroller of the Currency appointed one Cadle receiver of the First National Bank of Selma, and the said Cadle, as such receiver, brought suit in the court below against a certain Baker, to recover the amount due upon a bill of exchange, drawn by Cadle and indorsed to the bank, and held as part of its assets at the time when Cadle was appointed receiver. The declaration contained an averment in substance that the Comptroller of the Currency having become satisfied, 'as specified in the Banking Act,' that the bank had refused to pay its notes, did appoint the plaintiff 'a receiver as provided by the fiftieth section of the act,' and that he had qualified under his appointment and entered upon the performance of his duties. The defendants demurred to the declaration, and, in effect, assigned for cause that it was not specifically averred that each and all of the several things had been done which were provided for in sections forty-six and forty-seven, in order to furnish the evidence to satisfy the comptroller that the bank had refused to pay its notes and was in default. The court below sustained the demurrer and gave judgment for the defendant. The receiver now brought the case here.
Mr. P. Phillips, for the plaintiff in error; no opposing counsel.
The CHIEF JUSTICE delivered the opinion of the court.

## Notes

* ↑ Of June 3d, 1864, 13 Stat. at Large, 113.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# Cadle v. Baker/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
87 U.S. 650
Cadle v. Baker
We think such averments as the defendant alleges to be necessary and the want of which he has assigned for cause of demurrer, were not necessary. The debtors of a bank, when sued by a receiver, cannot inquire into the legality of his appointment. It is sufficient for the purposes of such a suit that he has been appointed and is receiver in fact. As to debtors, the action of the comptroller in making the appointment is conclusive until set aside on the application of the bank. The bank may move in that behalf, but the debtor cannot. Section fifty makes express provision for a contest by the bank.
The court below erred in sustaining the demurrer, and for that reason the judgment is reversed and the cause remanded with instructions to OVERRULE the DEMURRER to the declaration and
PROCEED ACCORDINGLY.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# Catholic Encyclopedia (1913)/Diego Alvarez Chanca

From volume 3 of the work.
A physician-in-ordinary to Ferdinand and Isabella of Castile and Aragon; dates of birth and death uncertain. Owing to his professional skill and learning, he was appointed by the Crown to accompany the second expedition of Christopher Columbus to America in 1493. Shortly after landing on the shores of the Island of Haiti, Dr. Chanca proved his skill as a physician by successfully treating Columbus for an attack of pernicious malarial fever, and saving the lives of other prominent members of the expedition who were attacked by disease. On a site selected by Chanca, whose professional advice had been sought, was established the first Christian settlement in the New World, to which Columbus gave the name of Isabella in honour of his illustrious patroness. In this locality Chanca wrote his letter to the muncipal council of his native city, which was the first document describing the flora, the fauna, the ethnology, and the ethnography of America. A remarkable circumstance in connection with this letter is the fact that everything therein contained was the result of only three months of observation and study. Upon his return to Spain, Chanca published in 1506 a medical treatise entitled "Para curar el mal de Costado" (The Trentment of Pleurisy), and in 1514, he published a work in Latin criticizing a book entitled "De conservanda juventute et retardanda senectute", the work of Amaldo de Villanova, a brother-phycician. Chanca's work was published under the title "Commentum novum in Parabolas divi Arnaldi de Villanova."
VENTURA FUENTES
# Catholic Encyclopedia (1913)/Diego Andrada de Payva

From volume 1 of the work.
A celebrated Portuguese theologian of the sixteenth century, b. at Coimbra 26 July 1528; d. 1 December, 1575, at Lisbon. After finishing his course at the University of Coimbra, he received Holy Orders, and remained as professor of theology. So great was his reputation that King Sebastian appointed him theologian at the Council of Trent, 1561. Here he merited the special thanks of the Pope by an able work in defense of the papal authority. While at the council he wrote his "Decem libri orthodoxarum explicationum" (Venice, 1564, 1594; Cologne, 1564, 1574) against the work of Chemnitz, "Theologiae Jesuitarum praecipua capita". In this book he discusses and defines the chief points of doctrine attacked by the heretics. Chemnitz answered by his well-known "Examen Conc. Trid.", in reply to which Andrada produced his best work, "Defensio Tridentinae fidei Cath." (Lisbon, 1578 and 1595). He published also three volumes of sermons in Portuguese. Andrada de Payva had not only a grasp of theological questions which won for him an important position among sixteenth-century theologians, but he was also so clear and convincing in the exposition of his arguments that he proved an admirable apologist, and it was matter of regret that his untimely death prevented the completion of his great work, the "Defensio Trid. fidei." This had progressed as far as the fifth session, inclusive of the doctrine upon the Immaculate Conception in defense of which it marshalled an imposing array of authorities.
HUNTER, Nomenclator; TOUSSAINT IN Dict. de théol. cath.
ARTHUR J. MCCAFFRAY
# Catholic Encyclopedia (1913)/Diego Deza

From volume 16 of the work.
Theologian, archbishop, patron of Christopher Columbus, b. at Toro, 1444; d. 1523. Entering the Order of St. Dominic in his youth, he became successively: professor of theology at St. Stephen's, Salamanca; tutor to Prince John, son of Ferdinand and Isabella; Bishop of Zamora, of Salamanca, of Jaen, of Palencia; Archbishop of Seville (1505). In 1523 he was appointed Archbishop of Toledo and Primate of Spain, but died before he had taken possession of that see. He left several theological works, the principal one being a "Defensorium Doctoris Angelici, S. Th. Aquinatis" (Seville, 1491). Historians generally have not emphasized the importance of Deza's friendship for Columbus and the bearing of this friendship and patronage on the discovery of America. In a letter dated 21 Dec., 1504, Columbus wrote to his son Diego: "The Lord Bishop of Palencia (Diego Deza) has always favoured me and has desired my glory ever since I came into Castile." Then he added this most significant declaration: "He is the cause of their Highnesses' possessing the Indies, and of my remaining in Castile, when I was already on the road with the intention of leaving it."
MANDONNET, Les Dominicains et la decouverte de l'Amerique (Paris, 1893); O'NEIL, The Columbian Celebration (Louisville, 1892); IRVING, Life and Voyages of Christopher Columbus (New York, 1868); TARDUCCI, The Life of Christopher Columbus, tr. BROWNSON (Detroit, 1890); THATCHER, Christopher Columbus (New York, 1903); TOURON, Hist. des hommes illust. de l'ordre de S. Dom., III (Paris, 1746), 722; QUETIF AND ECHARD, Scriptores Ord. Praed., I (Paris, 1721), 51.
D.J. KENNEDY
# Catholic Encyclopedia (1913)/Diego Alvarez

From volume 1 of the work.
​Alvarez, Diego, Spanish theologian, b. at Medina de Rio-Seco, Old Castile, about 1550; d. at Trani, Kingdom of Naples, 1635. He entered the Dominican Order in his native city, and taught theology for twenty years in the Spanish cities of Burgos, Trianos, Plasencia, and Valladolid, and for ten years (1596–1606) at the Minerva, in Rome. Shortly after his arrival in Rome (7 November, 1596) he presented to Clement VIII a memorial requesting him to examine the work "Concordia liberi Arbitrii", by Ludovicus Molina, S.J., which, upon it publication in 1588, had given rise to bitter controversy. Before the Congregation (Congregatio de Auxiliis), appointed by the Pope to settle the dispute, he defended the Thomistic doctrines of grace, predestination, etc., alone for three years, and, thereafter, conjointly with Thomas de Lemos, O.P., to whom he gave the first place, until the suspension of the Congregation (1606). He was appointed, 19 March, 1606, by Paul V, to the Archbishopric of Trani, where he passed the remainder of his life. Besides (1) a commentary on Isaias, and (2) a manual for preachers, he published: (3) "De auxiliis divinæ gratiæ et humani arbitrii viribus et libertate, ac legitimâ ejus cum efficaciâ eorumdem auxiliorum concordiâ libri XII" (Rome, 1610; Lyons, 1620; Douai, 1635); (4) "Responsionum ad objectiones adversus concordiam liberi arbitrii cum divinâ, præscientiâ, providentiâ, et prædestinatione, atque cum efficaciâ prævenientis gratiæ, prout a S. Thomâ et Thomistis defenditur et explicatur, Libri IV (Trani, 1622; Lyons, 1622); (5) "De origine Pelagianæ hæresis et ejus progressu et damnatione per plures summos pontifices et concilia factâ Historia ex annalibus Card. Baronii et aliis probatis auctoribus collecta" (Trani, 1629); ​(6) "Responsionum liber ultimus hoc titulo: Opus præclarum nunquam hâctenus editum, in quo argumentis validissimis concordia liberi arbitrii cum divinâ præscientiâ, prædestinatione, et efficaciâ gratiæ prævenientis ad mentem S. Thomæ et omnium defenditur et explicatur" (Douai, 1635); (7) "Operis de auxiliis divinæ gratiæ et humani arbitrii viribus et libertate, ac legitimâ ejus cum efficaciæ eorumdem auxiliorum concordiâ summa, in IV libros distincta" (Lyons, 1620; Cologne, 1621; Trani, 1625); (8) "De incarnatione divini verbi disputationes LXXX; in quibus explicantur et defenduntur, quæ in tertiâ parte summæ theologicæ docet S. Thomas a Q. 1 ad 24" (Lyons, 1614; Rome, 1615; Cologne, 1622); (9) "Disputationes theologicæ in primam secundæ S. Thomæ, in quibus præcipua omina quæ adversus doctrinam ejusdem et communem Thomistarum a diversis auctoribus impugnantur, juxta legitimum sensum præceptoris angelici explicantur et defenduntur" (Trani, 1617; Cologne, 1621).
Echard, Scriptores Ordinis Prædicatorum (Paris, 1721), II, 481; Ughelli, Italia Sacra (Venice, 1720), VII, 1240; Hurter, Nomenclator (Innsbruck, 1892), I, 263; H. Serry, Historia Congregationum de Auxiliis (Antwerp, 1709).
A. L. McMahon.
# Catholic Encyclopedia (1913)/Diego Collado

From volume 4 of the work.
A missionary, born in the latter part of the sixteenth century at Miajadas, in the province of Estremadura, Spain. He entered the Dominican Order at Salamanca about 1600, and in 1619 went to Japan, where the Christians were suffering persecution. After the martyrdom of Luis Flóres, a fellow-Dominican, in 1622, Collado repaired to Rome, and later to Spain, in the interest of Oriental missions. He obtained important concessions, though not without incuring some animosity. Bearing Apostolic and royal letters, he returned to the Orient in 1635. The following year he endeavoured to establish in the Philippines an independent convent devoted solely to the Chinese and Japanese missions, but, owing to the opposition of the Spanish civil authorities, his effort was unsuccessful. Recalled to Spain, he was shipwrecked, in1638, on his way to Manila. He could have saved himself, but he remained with the unfortunates among his fellow-voyagers, hearing their confessions and preparing them for death. The following are his more important writings: "Ars grammatica japonicae linguae" (Rome, 1631, 1632); "Dictionarium sive thesauri linguae japonicae compendium" (Rome, 1632); "Modus confitendi et examinandi paenitentem japonensem formula suamet lingua japonica", (Rome 1631, 1632); " Formula protestandae fidei", (Rome); "Historia eclesiástica de los sucesos de la cristianidad del Japón desde el año de MDCII, que entró en él la orden de predicadores hasta el de MDCXXI por el P. Hiacintho Orfanel, anadida hasta el fin del ano MDCXXII por el Padre Fray Diego Collado" (Madrid, 1632, 1633); "Dictionarium linguae sinensis cum explicatione latina et hispanica charactere sinensi et latino" (Rome, 1632).
John R. Volz.
# Catholic Encyclopedia (1913)/Diego Carranza

From volume 3 of the work.
Born at Mexico, 1559; died at Tehuantepec. He entered the Dominican Order 12 May, 1577, and was sent to Nejapa in Oaxaca after being ordained a priest. He was assigned to the mission among the Chontal Indians, who roamed through the forests almost in a savage condition, although, by their language, they belong to the same linguistic stock as the sedentary Nahuatl. Undergoing great privations, Carranza clung to these forest tribes, and succeeded in partly settling them in hamlets and erecting hermitages where they might worship. For twelve years he led this life of exposure and contracted leprosy. He must have died quite young, but the exact date is unknown. Before his death he erected a church for his wards in the village of Santa Maria Tequiztlan. Details concerning this devoted missionary are very meagre. We know however, that he composed, in the Chontal idiom, a "Doctrina cristiana", "Exercicios espirituales", and "Sermones", which remained in manuscript, but they are now lost. They would be of the greatest value, since hardly anything has been published on this idiom.
DÁVILA-PADILLA, Historia de la Fundación deca (Mexico, 1596); BURGOA, Geográfica Descripción (Mexico, 1674); ANTONIO, Bibliotheca hispana nova (Madrid, 1733-1738); SQUIER, Monograph of Authors (New York, 1861); BRINTON, The American Race (New York, 1891); OROZCO Y BERRA, Lenguas indíjenas y Carta etnográfica de México (Mexico, 1864); PIMENTEL, Cuadro descriptivo y comparatívo de las Lenguas indíjenas de México (Mexico, 1862).
AD. F. BANDELIER
# Catholic Encyclopedia (1913)/Diego Fernández de Palencia

From volume 6 of the work.
A Spanish conqueror and historian; b. at Palencia in the early part of the sixteenth century. He took up a military career, and went to Peru shortly after the conquest (about 1545). In 1553 and 1554 he took part in the civil struggle among the Spaniards, fighting under the banner of Alonso de Alvarado, Captain-General of Los Charcos, against the rebel Francisco Hernández de Giron. In 1555 Hurtado de Mendoza, Marquess of Canete, came to Peru as viceroy, and charged Fernández to write a history of the troubles in which he had just taken part. He then began his history of Peru, and later, when he had returned to Spain, upon the suggestion of Sandoval, President of the Council of the Indies, Fernández enlarged the scope of his work, and added to it a first part, dealing with the movements of Pizarro and his followers. The whole work was published under the title "Primera y segunda parte de la Historia del Peru (Seville, 1571). Having taken part in many of the events, and known the men who figured in most of the scenes which he describes, Fernández may be regarded as a historian whose testimony is worth consideration. Garcilaso de la Vega, the Peruvian, who quotes long passages from Fernández, fiercely attacks his story and accuses him of partiality and of animosity against certain personages. Whatever the reason may have been, however, possibly because of the truth of the story, the fact is, the Council of the Indies prohibited the printing and sale of the book in the provinces under its jurisdiction. A perusal of the book conveys the impression that Fernández was a man of sound judgment, who set down the fact only after a thorough investigation. The reproaches of the Inca historian may, therefore, be regarded as without foundation.
VENTURA FUENTES
# Catholic Encyclopedia (1913)/Clericis Laicos

From volume 4 of the work.
The initial words of a Bull issued 25 Feb., 1296, by Boniface VIII in response to an earnest appeal of the English and French prelates for protection against the intolerable exactions of the civil power (see VIII.) The decree was inserted among the papal decretals and is found in Lib. Sextus, III, tit. 23. After a preamble in which the pope complains that the laity are, and have always been, bitterly hostile to the clergy; that, although they possess no authority over ecclesiastical persons or property, they impose all sorts of heavy burdens on the clergy and seek to reduce them to servitude; that several prelates and other dignitaries of the Church, more fearful of giving offence to their earthly rulers than to the majesty of God, acquiesce in these abuses, without having obtained authority or permission from the Apostolic See; he, therefore, wishing to put an end to these iniquitous proceedings, with the consent of his cardinals and by Apostolic authority decrees that all prelates or other ecclesiastical superiors who under whatsoever pretext or colour shall, without authority from the Holy See, pay to laymen any part of their income or of the revenue of the Church; also all emperors, kings, dukes, counts, etc. who shall exact or receive such payments incur eo ipso the sentence of excommunication from which, except in articulo mortis, no one can absolve them without special faculties from the pope; no privileges or dispensations to be of avail against the decree.
The two underlying principles of this Bull, viz. (1) that the clergy should enjoy equally with the laity the right of determining the need and the amount of their subsidies to the Crown, and (2) that the head of the Church ought to be consulted when there was question of diverting the revenues of the Church to secular purposes, were by no means strange or novel in that age of Magnæ Chartæ; and outside of France and England it was accepted without a murmur. But what excited the wrath of the two chief culprits, Philip the Fair and Edward I, was that from its fiery tone, from the express mention of sovereigns, and the grave ipso facto penalties attached, they felt that behind the decree there stood a new Hildebrand resolved to enforce it to the letter. The Bull has been criticized for the unconventional vehemence of its tone, for its exaggerated indictment of the hostile attitude of the laity of all ages towards the clergy, and for its failure to make clear the distinction between the revenues of the purely ecclesiastical benefices and the lay fees held by the clergy on feudal tenure. The unscrupulous advisers of Philip the Fair were quick to take advantage of the pope's hasty language and, by forcing him to make explanations, put him on the defensive and weakened his prestige.
For sources and literature, see BONIFACE VIII.
JAMES F. LOUGHLIN
# Catholic Encyclopedia (1913)/Clerks Regular of Our Saviour

From volume 4 of the work.
A religious congregation instituted in its present form in 1851, at Benoite-Vaux in the Diocese of Verdun, France. The constitutions and spirit of the congregation are those of the Canons Regular of Our Saviour, who were established as a reform among the various bodies of regular canons in Lorraine by St. Peter Fourier, canon of Chamousay in 1623, and confirmed by Urban VIII in 1628. The scope of the reformed order, as outlined in the "Summarium Constitutionum" of St. Peter, was the Christian education of youth and the exercise of the sacred ministry among the poor and neglected. The order flourished exceedingly throughout the Duchy of Lorraine and made its way into France and Savoy; but was completely destroyed by the French Revolution. In 1851 four zealous priests of the Diocese of Verdun, anxious to see revived the apostolic labours of the sons of Fourier, withdrew to the retired shrine of Our Lady of Cenoite-Vaux, and there began a religious life according to the rule given to his canons by St. Peter Fourier. Three years later they received the approbation of the Holy See, which changed their name from Canons Regular, the title of the earlier organization to Clerks Regular. During the next half century the congregation spread and it now numbers several houses, its special work being the education of youth. The members of the congregation are of three grades, priests, scholastics, and lay brothers. Though possessing the title "clerks regular" they are not such in the strict sense of the word, as their vows, though perpetual, are simple, according to the present practice of the Roman authorities of establishing no new institutes of solemn vows.
HEIMBUCHER, Die Orden und Kong. der kath. Kirche (Paderborn, 1907), II, 47 sq.; HELYOT, Dict. des ordres religieux, (Paris, 1859), ed. MIGNE, IV.
John F. X. Murphy.