The Irish standard., 1901-07-20

monials may be sustained by charita-
BILE bequests and others may not?
What becomes of the boosted freedom
Of conscience, and Of religious belief
secured to the citizens of this country
by federal and state constitutions, if a
Protestant judge assumes to declare
bequests which sustain OF support
doctrine of the Roman Catholic church
void, or vice versa, Catholic judge
should arrogate to himself such power
as to the doctrines of a Protestant
church? Such presumptuous and
naughty dogmatism would be deemed
in this age and country by all rational
persons as worse than error-the inso-
lence Of ignorance and bigotry. Alex
ander Popes Universal Prayer"
speaks the language of that devout
philosophy, federation and freedom Of
conscience which characterizes our in
stitutions:
"Let not this weak, unknowing hand
Presume thy bolts to throw,
Or deal damnation round the land,
On all judge thy foe.
"If I am right, thy grace impart
Still in the right to stay;
If I am wrong, oh teach my heart
To find the better way"
In the states of New Jersey, Illinois,
Kansas, New Hampshire and Iowa, be-
quests for masses have been held by
the courts Of last resort to be valid as
religious and charitable bequests, both
under and independent of the statute
of charitable uses. And so the supreme
court Of New Hampshire, in Webster,
executor, VS.. Shugrow ct al, 4S L. r.
A. 100, bequest for masses for the
repose Of the soul of the deceased was
held to be valid on the ground that
masses are religious ceremonials or OBJ
servances of the church of which the
testatrix was a member, and come
therefore within the religious and pious
uses which are upheld as public char
tiles.
| Why should not testator be allowed
to appropriate his money for purpose
which his conscience and his religion
teach him is for his spiritual welfare,
provided in so doing he does not violate
the statute or common law of the state
or any principle of public policy? 1t
would be an insult ito the intelligence
and to the enlightened conscience Of a
great class of our citizens, men and
women of the highest education and
Of the 'broadest philosophy and tolera-
tion, members of the Roman Catholic
church, to hold that they cannot in
their last wills and testaments, approp-
riate part of their estate for the
religious and charitable purpose of hav-
ing ceremonial of their church per-
formed, which they believe is for the
benefit of their souls. It would be a
stab at the heart of one of their most
sacred and important beliefs to hold
that the saying of mass is against the
law, or is violation of public policy,
and that money appropriated and be-
queathed for the purpose of having it
performed is against the law and there
fore void bequest. A man may ap
propriate by 1lis will money to send
missionaries into China and into Asia,
for the benefit of the souls of the Chi
nese and Asiatics, through the teach
ings of religious ceremonials in those
countries, but he cannot bequeath, out
of large estate of 100000 or 800, 900,
a few thousand dollars for the religious
and charitable purpose of having mass
es said by the preacher of his church
| after he is dead, for the benefit of the
souls of his dearest relatives and him
self? And yet perfect religious liberty
and equality are guaranteed by the fed
eral and state constitutions of our
country.
I hold that the bequests in the two
items of the will for the saying of
masses for the repose of the souls of
the persons therein indicated are per-