The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1900-05-19
CONSIDERATIONS ON CANON
T.ATU

LEA w.
l The Church recognizes herself as
perfect society, having full and abso
lutte right to make laws for her owl
government within her own sphere, t.
which all the members of the Church
are bound to submit. The Pope is thu
lawmaker for the Universal Church
the Bishop is the lawmaker for his owl
diocese. The Pope, as Supreme, has ne
restrictions except the limitations i'm.
posed by her Author, Jesus Christ; his
laws must, however, be in accord
with right reason and directed to the
welfare of the Church. The Pope ha!
surrounded himself by numerous con
gregations of the most learned eccles
iastics, the most important being Of
Cardinals and prelates, aided by many
priest consultors. Each of these con-
gregations has special subjects which
are submitted to it's examination
Whatever laws are made by the Pope
have undergone a thorough prepare
ton, that they may. escape the risk OF
opposition to former regulations, with
out provision being made for their re-
call. A Bishops authority has many
! limitations, because he may make no
regulation in contradiction of the laws
made for the Universal Church.
The law surrounds him by diocesan
senate, whose advice or consent is
/ more or less necessary to make his ac-
ton legal. It is recognized that in this
missionary country alb the restrictions
laid down by the Canon Law for the
limitation Of episcopal authority cam
not be enforced. Many circumstances
connected with the civil government
and it's laws suggest notifications of
the earlier laws. For some reason the
establishment of regular Chapters Of
Canons, was deemed not in perfect ac-
cord with the spirit of the American
people. Perhaps their permanency was
considered distasteful. or perhaps the
character of being rather close corpor-
atoms, in which the Bishop and the
canons went on filing up the occurring
vacancies alternately, seemed to take
away all interest and part in them,
from the rest of the clergy, who would
have nothing to do with their selec-
ton.
The arrangement was made that in
this country Diocesan Consultors
should be appointed for three years;
six, or at least four, should be APP
pointed in each diocese. In some do
ceses where it would be impossible to
obtain the four concession is made
that two, but not less, shall be ap-
pointed. The clergy of the diocese have
the privilege of proposing names for
one-half of the consultors, but not in
any definite way; for each consultor
three separate names are to be offered, |
from whom the Bishop chooses the one |
acceptable to him. There is sufficient |
evidence even in the wording of the |
law that it was intended that the
clergy were to have the privilege of |
agreeing among themselves upon the
determination of the three names for
each consultor-thus, where three were
to be appointed, they might agree upon
six names. The practice however. in
some dioceses has been that the priests
separately and scatteringly send in the
nine or six names, thus easily espec-
tally where there is large body of
clergy, presenting twenty or
thirty candidates. with fairly equal
votes, instead ofthe three for each con-
sultor, from which the law seems to
Indicate that the Bishop is to choose
those that fall to the choice of the
clergy.
The other half of the consultors is
eft entirely to the determination of the
8lshop. AT first it was thought that the
Vicar General was ineligible to the po-
'ltlon OF diocesan consultor, but the
privilege was obtained that in this
he could be appointed. Some
bishops even thought that this was the
more desirable arrangement.
In case of a removal by death of
his successor for the re- ]
nalnder of the term may be appointed
" the Bishop, after taking the advice
II the other consultors. A consultor :
nay also be removed for just cause,
uch as permanent illness, and much '
more II he has done something seriously
Unworthy of such an honorable posi-
ion' or through any misfortune has
incurred public obloquy. The cause of 7
ne removal must be submitted to the
ther eonsultors, whose advice also is
gain necessary for the selection of his 7
uccessor. If the Bishop should die Z
uring the term of three years for
men they were properly selected, they
ill continue in this office until the ac
esslon OF the new Bishop, whose duty
will be to have new selection of 6
onsultors within six months from the {
me OF his conservation as Bishop. One o
the privileges of these consultors is,
lth the irremovable rectors, to take :,
art IN the nomination of candidates Ii
NIL the vacancy in the diocesan bish- W
'rle. Their appointment, however. c
pses ordinarily at the end of the three l,
ears, for which only their selection Il
dds good. If by any oversight new
lection of consultors should not be b.
ACE at the end of the appointed time, "
Id the Bishop should die after it. the 10
animation of the candidates for the W
shopric would belong to the irremov- ii
Die rectors alone as direct representa- u
yes of the diocese. Bishops are re- ~
lred by the law to call meeting of IA