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

and Il by virtue o such commission tue rights and
onrnens of from SIX months to two years.
SEC. ell the see Of bishop becomes vacant by
Ss to mas m
vicar
ten DAYS that the election has taken Place. IL the
engagement by oath OF the elect has not been
taken within the delay OF fourteen days, the
Minister OF Ecclesiastical Affairs names COM
mlssary who Is charged with the care
aud administration Of the Temperatures belonging
immovabie, placed under the administration OF
The said bishop, or OF the tituar OF the see. The
nut the Temperatures at the dis position OF the com
missary are to be taken by the President superior
He IS authorized. even before the appointment OF
the commlssary, and even as soon as ne addressed
the invitation elect vicar TO the Grand Chapter
TO take under his guard the temperatures above
designed, and Tor that purpose to take the neces
sary measures by way OF cOnstraint
SEC THE prescriptions OF section are also ap-
cant by judicial decree the vicar Of the oshopric
abandOns this Ofilce without the installation OF
new bishop recognized 6y the State having taken
episcopal sees. il the tights or functions OF bishop
are exercised by persons who do not satisfy the
condirlous required by sections and 8.
SEC. s.-The dispositions OF section on the
nomination OF cOmmissary TO administer the
are applicable again in every case il an epsco al
see is not reoccupied in the delay of year after
the vacancy occurs by bishop recognized by the
State.
Tue Minister Of Ecclesiastical Affairs has the
right to prolong the delay.
SEC. 9-Tne administrative rights Of the bishops
are transferred to the cOmmissary.
the expenses OF the administration are taken
out OF the temperatures.
Tne commissary represents the episcopal see or
the bishops as such, IN all legal relations touching
the temperatures.
comes to an end as soon as vicar, named in con-
iormity with tue prescriptions OF the present law,
takes III hand the admins ration OF the bsn Opric,
or soon II bishop recognized by the state il
lie, through the Aoniteur dc pEtat, when the nomi-
nation Oi vicar or bisnOp has been made in con-
formlLy with the law, also OF the appointment and
removal oil COmmissarIes.
SEC. l2-The application OF sections @ and II
does not prevent the Grand Chapter from naming
during the vacancy private administrator OF the
SEC. 13.-If in the cases provided for in sections
and the election o, tue vicar does not take place
within the presented delay, or II in fourteen days
the engagement by oath OF the person elected has
not been taken, the Minister OF Ecclesiastical Affairs
VIII order the retention OF the iunds of the State
allotted to the pay OF members OF the Grand Chap
ter which Is authorized TO carry out the election
until q vicar has been appointed in accordance
with the prescriptions OF the present law, or
new bishop recognized by the State has taken pos.
session OF the see
The Minister has, however, the right to continue
to any member or members OF the Grand Chapter
the allowance decreed by the State.
SEC. l4-During the Con tinuance OF an admins.
tration by the commssary, in the case provided in
sections and 7, the person to whom, In virtue Of
patrona ge or other title OF law the right of pre-
sentation domination, propositon) for a vacant
eccleslas 1lcal employment Is authorized to refill
the employment in case OF vacancy, and to estab-
liSh substitute in the same employment.
SEC. 15.-li the person who possesses this right
makes use OF it, the prescriptions OF the law OF the
nth OF May, 1873, are applicable. The penalty
which, in the twenty second clause OF the sad
law, mcnaces the superior eccleslastic in OF
illegal presentation TO employment attaches III the
same case the person having the right OF presenta
ton.
SEC. Jeff the person having the right OF pre-.
sentatOn, within a delay OF two months, reckon
ing from the CAV the vacancy occurred IN the
ecclesiastical employment, and in the case where
the vacancy occurred before the present. law
came into force within two months from this law
taking effect, has not provided substitute, or in
the delay OF one year after the occurrence Of the
right passes to the parish.
SEC. 17.-Provldes for an election to a vacancy
SEC. ls.-Provides for the presentation OF the
elected substitute to the ecclesiastical employ
ment.
SEC. 1s.-I in the cases provided for in sections
IA to IS protest is entered, II the protest
rejected by the Court OF Ecclesiastical Affairs, the
ecclesiastlc elected is to be considered as valdly
appointed.
SEC, 90 If before the day when this general
prescriptions OF the present law are ap-
IN sps alter M
mitigation, shall address ~ se> lStion prescribed
in section . to the Grand Chapter.
SEC. 2L-Wherever IN the present law mention
Is made OF u bishop. see, or episcopal employ
ment, &c, or Of bishoprlc, there should also be
the sees, empoyments, bshoprics, &C., OF the last
named.
Among the ecclesiastical rights and functions
attached to episcopal employments there should
be included In the meaning Oh the present law as
well those which are contained in episcopal en-
pio 9u as snch, as the rights and functions
SEC. 22.-The Minister of Ecclesiastical Affairs is
charged with the execution OF the present law.
STATEMENT OF THE MOTIVES FOR THE ABOVE PROF.
ECT OF LAW.
The hostile attitude OF the Roman Catholic
hishnnQ C1arU "a va m al nnh IN
present. in face of the execution Of the laws Of the
llth and 18th Of May, having already led, In one
the extreme resort-that to say, the bringing OF
an acton to have pronounced revocation or
employment-it is necessary to look In the face the
place. At this point the struggle winch the state
has been forced to accept enters into period
which imposes on the State the duty Of creating
new means Of defence corresponding to the situa-
ton affairs, and to prevent as much as 1t Is in
It's power, the disturbance which might arise In
the dioceses by more widespread rebellion
against the laws OF the state.
With the position the Roman Episcopacy and Its
adherents have taken In relation to the laws lnd-
Gated, there Is reason to fear that this opposition
against the laws OF the State may be carried to the
royal court tor any ecclesiastc who might pro-
nounce the revocation OF servant OF the Church,
particularly that oil bishop, and even to refuse to
duty OF the State-lf one does not wish That the
legal order may not be Overthrown from It's foun-
datlOns-tO enforce the execution OF such judi
cia sentence, even were 1t necessary to employ
extreme measures OF repression and constraint.
This has need to be proved.
But, Tor the execution OF sentence prOnOunc-
ing the revocation OF an employment. 1t Is neces-
Sary-
FTrst-That the deposed bishop should be re-
moved from his employment and also from his
ONciunl and his beneuciun.
Second-rhat 1t shall be brought to the krowl-
edge OF the authorities and employees OF the
bishoprc well as to all the clergy OF the diocese
that ny the revocation Of the bishop there is o
vacancy in the see.
So far as concerns the first point the revocation
OF the employment has first, Tor effect according
to the second clause OF the twenty-fourth section
the law OF the 18th of May, 1879 the loss OF the
revenue of the employment; and as the decisions
OF the court are executabe by means OF the ad-
ministration, the state can, in that case, take
away from a deposed bishop the enjoyment OF the
entire revenue OF ms employment, including all
the usulructs, all receipts and prestatons.
AS to the question much more grave for the pub
lie interest TO know In what manner the exercise
or the functions OF the employment will be con-
tnued, the actual law does not furnish sufficient
means to put term to to the activity, dangerous
to public order, OF q bishop deposed from his en-
ployment.
1t is true that the thrtyrst section OF the 18th Of
May, 1873 threaten with fine of $780, and In case