The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-28

nrSt place because oil danger 10 puDnc oroer
arising Il ON the lact OF the revocation. ana sec
ondiy because there should exist no foundation Tor
fear that tue vacancy might be contested from
che religious stue AS a measure OF restraint IL Ii
proposed IN section to take possession and ad-
minister the temporal anairs belonging TO tne
episcopal see and OF the movable and mmovabe
property under the bishop or htuldbe oil the see
by commissioner VINO shan be named by the
Ecclesiastical Minister. They will here consider
that this method OF procedure is on the one ba1d,
the most delicate intervention OF the state in such
circumstances. Tor the interests to which they
must nave regard, and also to help the dl0cesans
as far as possible; on the Ofher nand 1t must ap-
pear Just and equitable that the state should not
permit persons who do not wish 70 submit to the
Laws 10 undertake functions OF such Importance as
those attaching 10 such administrator. That all
measures that may become necessary here ought
to be taken IN an administrative way results from
the nature of the subject, in this sense especially,
that they viii act precisely as the procedure OF ad-
mnistratlve coercion, and 1t win De admitted that
the PRESIDENT superior, TO whom belongs the SAFE
guard Of the jurd ctrca sdcrd IN the Church. Is the
most apt authority to order the necessary meas
On account OF the final clause II will be re-
marked that measures OF provisional security ana
Tor the seizure OF the temporal properly IN ques-
ton Will be, under certain circumstances, indls-
pensabe.
SEC. THE dispositions Of this paragraph ex-
tend the prescriptions oil section to cases that
require similar treatment. IL reaches specially
where the vicar OF bishopric. as IN the case pro-
vided tor by section 8, voluntarily or invountariy
new bisnop known to the state having taken
place. Here the procedure OF section sought to
1t. that is the case where Tor vacancy, relative
TO which they have no need of procedure with
the object OF making known the vacancy OF the
See-an episcopal vicar has been elected, 1t Is
true. but does not meet the conditions required
by law.
SEC. s.-FinaIy, the coercive procedure OF section
IL declared applicable to every case oil vacancy
where see remains vacant for more than . year
without o bishop recognized by the State occupy
the chair. rms arrangement Is necessary to pre-
vent an unjustiHabie adjournment OF the definite
reoccupation OF the Catholic episcopal sees. How
instances for such delay, the right Is reserved to
the ecclesiastical minister to prOlong Thu period
SEC 9.-Thls paragraph regulates the rights OF
the commissioner OF the State relative TO the ad-
charged by section 8. The commissioner mas not
only " secure the property and to hold tue rev
enues, but be also Invested with all the admins
trative rights oil the bishop whose place he takes.
Consequently he may MAKE expenditures ike the
bishop himself; that IS to say, II he does not pro-
coed in this In a manner contrary to the law.
notably TO endowments, legacies, &c., whose ad-
ministraton belongs 10 the episcopal see or to any
utulary thereof. But, besides, section pro-
pOses-tn cases where 1t ls necessary to keep &C
counts, because regular diocesan administration
Is needed-tO transfer al the same time to the COM
missioner the high administration and surveillance
belonging to the bishop upon the temporafecoiesi-
astical IN all episcopal resorts, including the cura'
cies, chap1aincies, vicariates and endowmeDts.
That appears to be the more necessary, as the
appreciation Of the high ecclesiastical officials and
the legal validity OF series OF important arrange
ments upon the temporal affairs OF the Church are
made to depend upon the law OF the land-for In
stance, the loanins OF capital, the withdrawal OF
funds, the conduct OF legal suits, &c; conse-
quentiy, the Legislature OF the country has both
the right and duty to take this into consideration,
for in q case where there was u fault on the part
OF q high eccleslastlc THIS necessary PERMISSION
would not be given.
SEC. 1O-As the administration Of the Commits
soner Is intended to end. as section 10 prescriDes.
as soon as satisfaction has been given to the law,
1t Is necessary that he be disinterested. AS the
commissioner administers by virtue oi commits
sion given by the state according TO law, he can
not be hed responsible for his administration eX-
cept to the authorities OF the State, and
quently occupy the living. 1t will also be requi-
site, LOT the proper continuation OF the
Commissioners administration that some one IN
terested and authorized by law examine and audit
the accounts. Consequently the case IS provided
the duties OF the hgh Chamber Of Accounts. The
law rendering the revision OF the account obllga-
tory by this High Chamber and the power OF sec.
ton Is also excluded at the same time the most
complete guarantee Is offered in order that the
revision OF the accounts may be made by an an-
thoriry whose organization does not permit OF OBJ
lection touching knowledge OF the cause and
lmpartiality.
SEC. ia Journal, making known the time OF
entry on his duties Of episcopal bishop, legally
Instituted, as well as the Introduction and the
term OF administration of temporal commits
sioner. 10 required IN the interests ol all whom II
SIC. l2-lo.rsl been remarked above in several
instances that the nomination OF commissioners
for the management OF the temporal affairs OF q
vacant episcopal see ought to have the power oil
legally electing an al txteTin1 manager OF the
rights exercised by the bishop or to refll the
see by q titulary, according to law. Twill be seen
by this measure nomination by commissatre)
that the conditions set forth in the law now pre-
gard to this; that temporal or ecclesiastical ad-
mnistration might be established In the diocese IN
question. Thus, following the prescriptions OF the
Trtdeatiuna (see section y to nominate special
stewards or where a chapter taxes upon itself the
epscopa EXISTING here ana there for
the administration OF the temporal would remain
IN Ofiice-the prescriptions Of sections TO IL
being no less applicable in the conditions stated
by these paragraphs. The disposition Of section
IL leaves no doubt on this head.
SEC. l3.-As to the members OF grand chapter
who refuse to conform to the law, their allowance,
paid with the funds OF the state, may be withheld
until they have satisfied the law, as section ID
prescribes. This measure Is needed to render
intact the free action Of the chapter in the re-
remainder Of the law. AS It would not be just,
Minister to except from this rule those members
OF grand chapter who shall prove to the govern
ment of the state that they are not guilty Of the
violation as committed BY allegation against the
whole body.
object, IN cases where the administration recurs
to State COMMISSIONER e., where q religious
diocesan administration is not legally established,
longer extsts-to offer the parishes the posi-
bility, II vacancy in the employ OF the cure oc-
ours, OF obtaining new pastor. The necessity for
noron o tbe above erDoss II snr sa
TO specially observe here that the dispositions
OF tue law apply not only 70 the
those OF section 8, because in the latter case
there is an Episcopal Vicar appointed who, in con-
sequence can exercise valdy the episcopal
rights OF employees, and which the law OF the state
imposes on the superior ecclesiastics. Section
IA is to serve as an act OF justice to the parishoners,
who, on account OF their superior ecclesiastical
functlonaries, have been deprived OF a pastor.
Particularly the fourteenth section proposes to
give to those who possess the right OF presentation
or OF nomination to clerical living the power
of reflltng that place on his part, or OF placing
temporary minister in the living. In this case
he Will necessarily have to be guided by the
prescriptions OF the law OF May H. 1873 relative to
the education and the nomination OF ecclesiastics,
ordered in section 10. But II, having the rignt
to delay the nomination for limited tme-whch
section 10 proposes to tx at two mon,hs-he does
not Use the power belonging to him, or II he has
not that right to delay, then the power ought to
recur to the parish ITSELF IN order that new pas
tor may be elected. The dispositions on this head
III section IT, and continued IN section H. also at
tach to the prescriptions OF the general right OF
the country sections 353-S55), and grant certain
notifications according to circumstances. In order
to assure, also. In case OF parish election, the
observance OF the prescriptions OF the law Of
May H. 1873, the prescription OF section Is, for the
nomination OF o representative OF the parish. is
eI..A