The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-09
aERMANYs CHURCH WARFARE.
The New Law to be Issued Placing the
Catholic Church Under the Control or

Enc NeW Law 20 DC Issued Placing the
Catholic Church Under the Control or
the Government.
Berlin may 2a) correspondence OF London rtmes.l
1t being expected that under the new German
law for the Punishment OF recusant ecclesiastcs
the greater part Of the Roman Catholic bishops
win be shortly compelled to leave the country, and
that the diocesan chapters will refuse to elect
new bishops during the life OF the former incum-
bents Q law mas just been enacted by the State
Parliament OF Prussia to provide for the admins
tratiOn OF vacant dioceses In the kingdom. This
law. which :akes the direction OF the Church out
OF the hands OF the clergy, vesting exclusively in
the government and parishes, may be regarded as
dnal blow dealt to the Papal cause.
THE LAW,
which will be promulgated In few days, runs as
follOws:-
We, William, by the grace Of God King OF Prus.
sia, &C.. with the consent Of the two Houses OF
Parliament, enact what foOws:-
,nss ana see lans vacant those
not relating to the administration or Church prop
erty shall be exercised in accordance with the pro-
visions OF this statute pending the investiture OF
new Bishop recognized by the state.
a whoever may feel himself called upon to ex-
ferred 20 in clause shall be Obliged TO give writ
ten notice OF his intention to the Govern or Gen.
situate. In this notice he shall be obliged to men
ton the extent OF the rights to be exercised by
him, and no is also to prove that be has been COM
misstoned oy hts Church. and tnat he possesses the
qualities specified IN the law or May H. 1873, az in.
dispensable for the holding OF any ecclesiastical
once. He will likewise be expected TO declare his
readiness to swear fealty to the King and ODE
dience to tho law OF the land
municatiOu the Governor General snail he entlt,ed
to protest against the exercise OF the episcopal
rights and functions claimed. Protest having been
LOGGED the Governor General snail be entitled to
refer the case TO the decision Of the Ecclesiastical
Court within ten days, In accordance with clause
no protest being lodged, or OF protest having been
lodged, but rejected by tue Eccles)astical Court
the person claiming episcopal rights viii be sum.
moned To take the oath referred to in clause q in
the presence Of the. Attorney General or q COM
missary appointed BY him.
4. Whoever presumes TO exercise episcopal rights
or functions OF the kind mentioned in clause l,
previous " taking the oath mentioned In c ause 2,
incurs Imprisonment from SIX months to Two
upon the substitute vicar Of Bishop, II, after
the see becomes vacant ne continues to exercise
viousy secured authority to do 30 in accordance
with clauses and 3. Ecclesiastical acts per-
formed by such person snail have no validity in
S. Should any servants OF the Church perform
ecclesiastical functions by order OF y btsnop not
recognized by the State or dep0sed by The Ecclest
astiCal Court or by order OF person arrogating to
himself episcopal rights functions contrary to the
provisions OF the law, or by order Of substitute
appointed by such persons, they shall incur PEN
atty not exceeding 100 thalers Imprisonment
Churcn exercise episcopal rights or functions by
order OF persons disqualified TO commission them.
they shall be punished with imprisonment from
0. Upon an episcopa see falling vacant in con-
sequence OF sentence OF che Eccle sastical Court,
called upon by the Governor General OF the prov
ince to elect vicar. Unless the Governor General
been elected, unless the vicar elected takes the
oath OF allegiance within ;ertnight after the ex-
plry OF the trst ten days, the Minister OF Coolest
aStlcal Affairs shall appoint cOmmissary 70 take
charge OF the property, real and otherwise, be-
longing to or administered by the see. should
any coercive measures be required to cause the
sail property to be handed over to the commits
sion, such measures shall pc taken Ly the Cover.
!. The provisions or clause will be likewise
applied II vicar offs diocese should resign after
the deposition OF bishop previous to the lnvestl-
ture OF new bishop recognized by the State; or
otherwise, episcopal rights and functions are ex-
ercscd by persons not qualified under clauses
8. The provisions Of clause respecting the APP
pOtntmenr OF q cOmmissary and the seQuesterlng
Of the property win also come into force see is
not within year OF its falling vacant filled by q
bishop recognized BY the State. The Minister OF
the term mentioned in the preceding passage.
| 9. All rights ordinarily exercised by the Bishop
commissary. the cost Of such administration being
! betrayed out Of the Church iunds All rights and
diocese care are to devoive upon tie commissSry. he
! is t0supcrlntend tho administration Of the whole
a. We'll as any PROPERTY destined FOR eocIesss
cal pnrposea the commissary shall require no
special powers " dealing ling WITH s5 snrd his
| TO- The oommissary's once comes to an end
| directly the administration is handed over to Q
Of this law or bishop Is installed or recognised
by the State. The commissary is responsible only
counts are to BE- Controlled By he SUPREME CHAM
Der OF Accounts, In accordance with tho Law Of
March ~ l Glance as9,d ~ b H. TO none
his administration, or be he'd responsible.
II. the Governor General Of the province shall
ONCE. ne SHAH likewise announce the day Of the
MADE il the Berlin s ACC Sass IS VEN Is IN the
journals OF the diocese set apart for the publication
Of o1aclal advertisements:
take charge Of Church properly during the vacancy
undertake sucn sdnlnistrstion. II The ike shall Be-
the case though special Episcopal Board be In
existence for the administration OF Church pro-
perry.
ls-During the time that the diocesan property
Is being administered administered 6y government comm,s.
patrons Of hvings entitled to nominate candidates
win be authorized TO al up vacancies or TO appoint
I4.-n the patrons choose to avail themselves Of
the ri9ht conferred upon them by the preceding
clause. the provisions Of the law Of MAY u. 1878
come into play. II, disregardtng these provisions,
the patrons install clergymen Without notifying
their names to the authorities, they win incur the
penalty ooHouuCcu h8HluSJ ING ccCIcslAbtlCdl
authorities for the like onence In clause ~ Of said
law.
Is. II, within two months from living falling
vacant, the patron does not nominate vicar, or
II within q year from the said term he does not I'LL
cation. similarly the said right is to be exercised
BY the congregation In the case Of all nvings not
having patron.
16. In the event OF the congregation being en-
titled to exercise the said rights the Burgomastcr
OF the town or the LaRdrath OF the county, 1T tho
petition OF at least ten male member OF the con-
gregaton Of Independent means, shall be obliged
to summon meeting Of all male members OF tho
congregation Of Independent means, to determine
the appointment ola vicar or incumbent. The votes
OF the meeting are TO be passed by majority, the
rules Of procedure being issued BY the Governor
General Of the province.
I7.-ln the event or . valid election taking
place, the meeting u to appoint represen tative.
who 10 to install the new Incumbent In his ONCE.
The action and responsibility OF the said reprcsen
tatlve are regulated BY Clause IA.
18.-H, n the cases specified In Clauses Is to IT,