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

act as II the see were stiI occupied but also will
refuse TO institute Temporary administration OF
the diocese BY the nomination OF vicar OF the
chapter and afterward 10 proceed TO the election
OF new bsnop. 1t Is also TO be expected tina, the
clergy, at least the majority, WIZ take SIDE with
1t is then necessary to create, by legislative
means. first, the attachments necessary In case OF
need 10 Orce the recognition OF the vacancy Vi the
See and the cessation or all Official relation with
taken in consequence Tor the nomination OF
wear ad interim by the bishopric and Tor the e'ec-
Win tins Is connected the second question
What help To ask from tue State when an al Ia.
term administration OF diocese IS instituted TO
secure q guarantee that this administration snail
be directed IN q manner which acc0rds with the
laws Of the state, ana not To the detriment Of the
most grave interests OF the state.
In this relation Is IS necessary consider that
actually no precise conditions are fixed Tor the
person OF the vicar that ne chapter ought to ap-
point. The may be sought III the fact that,
according to the enactments which are IN force IN
the occupation OF episcopal sees the cleo
ton Of the new bishop should take place
ministration Of the vicar mas been regarded
as but transitory and OF short duration. But ex-
has how the u Of The
sees Is often delayed during years, and how the
Roman curta has IN hands the means OF re tarding
episcopal sees, and so to render iliusory all the
guarantees which the State should have by the
right whch belongs to 1t to share in the presenta-
tion OF episcopal II this open revolt against
the laws OF the State is considered II will be re-
conservation to no longer tolerate as ad interim
administrator OF blsnopric any person who tails
| to give every guarantee that no abuse shall
be allowed 10 the detriment OF the State OF the
| power which resides In the episcopal employment.
| The means OF finding these guarantees seeing that
positive participation IN the nomination OF such
| an administrator cannot be claimed, should be to
extend to the a. mn o. the bsnoprGs the
education and appointment OF ecciesiastics, and
besides to require from this administrator the
promise, oath, that he Will be faithful and obe
dent to His Majesty the King and will observe all
! the laws OF the state.
AS these considerations do not apply only to the
| case OF the vacancy OF bishoprc produced by
judicial decree, but in general to all classes OF
vacancies arising from Whatever canse, those cond-
tons required Tor the ad interim exercise OF epis-
! copai rights during the vacancy OF the see ought
| to be setied in general manner The law, in fne,
third. should not neglect TO reckon the eventualty
| where the means o. constraint might show them
selves unable to overcome some resistance OF the
grand chapter to the laws OF the State so that TINS
chapter III the case OF vacancy OF the see by judi
cal decree, may refuse to appoint vicar, or IN the
case even OF q vacancy 0i the see recognized
might appoint vicar who would not Iulal the re-
quirements OF the law. In these different cases
there would be produced a complete disorder IN
| the diocesan administration; because, IN TACT,
there t. no longer an administration reg,
state OF things would be most grave Tor the
whole religious life OF the diocese for the religious
Institutions Tor the parishes, and particularly l0r
the docesans, and 1t appears to be pressing duty
OF the State to take measures in order to prevent
or1er. We snail succeed by prescribing on the
one nand, what is necessary to MAINTAIN in regu-
lar exercise the ADMINISTRATOR OF the temporall,
ties OF the Church. well that OF the Episcopal
! See religious ioun datons and institutions under
the surveillance OF the bishop. as well as those Of
particular parishes, and, on the other In giving to
! the parishes chance OF obtaining, in case Of
parochlal vacancy, new pastor.
COMMENTS ON THE LAW.
Upon these general considerations the law con-
corning the administration OF vacant Catholic
bIsnoprics is based. and lor the better under
standing Of this project the following observations
| are made:-
! SECTIONS to SIN these paragraphs, conform
| q
| general manner the conditions that must be u-
filled by those VINO desire to exercise the religious
rights and functions attached to the episcopal
employment during the vacancy OF a bishops See
These rules apply consequently to every such va
ciai arrest or according to the prescription con
tanned In section SO, OF the lew OF May IL, 1872 in
IL, 1879, in any other way. Relative to section
| l. 1T should be particularly remarked that these
copai employment" are employed IN order to
designate the entire sphere OF official acts OF
and that too
whether he designates vicar general TO exercise
them Tor him. or by any other authority who can
not perform them except as the mandatory OF the
bishop. ON the other hand, this designation does
not include the acts las functionarles OF the
Churcn OF the deans archbishops curates nor those
| OF persons charged with duty IN the pulpit or the
ministry Of religion, for their official attributes
doubtless emanate from the head OF the episcopal
see. They bear but personal responsibility, and
are not affected BY the revocation OF the bishop:
1hen In regard to the exception made in the
| first section upon the administration of Church
! property it should be remembered that according
e as wan0 sHSt sh a,eH H. @
! cancy Of The episcopal see Is known, elect
one or several stewards Tor the adminls-
ecciesiasttcarum ct pyoresiana ana in addition
a vicar Tor the administrator Of the episcopal
such the vicar general then in ONCE, but whose
mandate for this shall cate from the time the
ton of stewards is not usual, however, in Ger
many partly because the allowance for the greater
Of the state partly because. as in the case OF the
diocese OF Cologne, according to the DfplOnae de
restitution Of 1925, section 80 the Chapter admin.
pnense) during the vacancy and partly because in
the different dioceses there are special author
to surveillance of the bishop while in office, and
subsequently under certain rules during va
be borne in mind. There Is no danger
OF leaving these matters free to the
everytSins done in conformity with the prescrp
tons Of the law. In cases, however, where this
has not been done, the necessary measures VIII be
porai AFFAIRS OF the eplscopacy, on which subject
the details Will be very precise in the observations
marked that where the second section requires
that those who can only exercise the episcopal
on which the law OF May II, 1873 makes depend
the presentation OF ecclesiastical employment in
which are declared applicable all the prescriptions
oil this law, and where the candidate equals the
requirements OF nativity and scientific education.
Consequently the twenty-slxtn section Is also
| applicable, according to which persons who
were clothed with ecclesiastical powers before the
PRONUNCIATION of the law OF May IL, 1873, who
had acquired the ability for such employ. are not
| required to furnish the proof Of education and
scientific ability. Section regulates the right TO
oppose on the part OF tue State; nevertheless the
clauses Tor determining the character of the OppO
| sition, as well as Tor making an appeal to the
Court for Ecclesiastical Affairs granting delay,
are abrOgated by reason OF the special conditions
under W mich they operate. The President Superior
or commissioner named by him, Is charged, as
IN a nj
fdelity, after which the nomination OF the cand
date Is accomplished.
SEC. 4-Paragraph 4, agreeably with the prn-
ciples followed in the laws OF the 11th and 18th OF
May, seeks to insure the observance OF the pre-
scrlptiOns OF sections to by threatening pen
atty in proportion to the offence Tor each instance
! Of contraventon. BY reason OF the nigh i'm
laws, the episcopal power has ior the public
veal and for the interest of the people OF the
diocese. penalty ought to be chosen which cor
responds with the gravity OF the crime. Simple
pecunlary fines and detention do not appear to be