Evening star., 1901-04-09
The Great Religious Orders in the
Archipelago.
LAYMEN CONTRADICT PRIESTS
important Testimony Given Before
Taft Commission.
CAUSES OF HOSTILITY

| the oath Of allegiance and the rapid disinte-
| grafton of the Tagalog revolt having ma
| terially simplified the military problem in
! the Philippines, interest attaches more di-
| rectly to the question of civil government
and to that of the future relations Of
| church and state in the islands. The re-
ligious problem is regarded by many as of
grave Importance and difficulty. For CEN
turies the religious orders have practical
ly ruled the Philippines, and one of the
pressing questions today before the admin
istration here and the commission now at
work at Manila relates to the future dis
position of these orders and of their vast
property holdings. public document of
exceptional interest bearing on this matter
has recently been published, containing the
Presidents response to resolution of In
quiry adopted by the Senate January 26,
together with a transcript of the testi-
mOny taken by the Taft commission on
the subject. The resolution requested the
President to communicate "all information
in his power or in that of any of the exec
utive departments in regard to the lands
held in mortmain or otherwise for eccle-
siastica1 or religious uses in the Philippine
Islands, including the character of the
title to such lands, the extent and value of
the same, and the parts Of the islands
where they exist; and, further, whether
he has in behalf of the government en-
tered into any obligation other than what
Is set forth in the late treaty with Spain
in regard to their disposition or the MAIN
tenance of any alleged titles thereto or
has announced or declared any policy to be
pursued in dealing with such titles
Among the papers accompanying the re-
port is letter from the Secretary of War
setting forth the instructions to the COM
mission and saying, in reference to the
lands of the religious bodies:
mo one has in behalf of the government
of the United States entered into any OBJ
legation other than that set forth in the
late treaty with Spain in regard to the dis
position or maintenance of any alleged til
ties to such lands, nor has any other policy
to be pursued in dealing with such titles
been declared or announced"
The College of San Jose.
The report contains an account of the in
vestigation conducted by the commission
into the contested title to the lands and
buildings of the College Of San Jose at Ma
Mia, involving some of the legal principles
which apply to the properties of the
church and of the religious orders in gen.
eral. The commission decided to test the
right of the church to control the college
by enacting legislation creating body of
laymen trustees with power to sue for con-
troll and to secure final adjudication in
the highest possible tribunal. The opin-
ion of the commission follows:
1.-The treaty of Paris between Spain and
the United States, by which these islands
were ceded to the latter government, pro-
vides. in article 8, section 2:
g That the relinquishmento or cesson as the
case may be, cannot in any respect impair
the property or rights which by law be-
long to the peaceful possession of property
of all kinds of provinces. municipalities,
public or private establishments, ecclesias-
tical or civil bodies, any other associa-
tionS having legal capacity to acquire and
possess property in the aforesaid terrific
ries, renounced or ceded or of private
individuals, of whatsoever nationality such
individuals may be-
THE same obligation would rest upon this
commission and the military government
under the instructions of the President
for the guidance of the commission, and
the question which must be decided finally
to settle this controversy is: What was
the status of the property and foundation
of the College of San Jose at the time
of the ratification of the treaty Of Paris,
by which the sovereignty over these islands
was transferred from Spain to the United
States, and under which the public prop
erty situate in these islands and the public
civil trusts Of the government and
crown of Spain to be performed here
were transferred to the government Of the
United States?
'It is conceivable that between the crown
of Spain and the head of the Roman Cath
olic Church there might have been con-
troversy as to the right of control and
management of the crown over certain
property within the territorial jurisdiction
of the kingdom, but if the views of the
crown had been carried into effect by the
usual methods of settling rights according
to the laws and customs of the existing
sovereignty. and possession and control
finally established thereby it would seem
that, so far as the United States is con-
cerned. the controversy must be deemed to
have been finally settled and not capable
of being reopened under the new sover-
eighty, at least where sufficient time has
elapsed to constitute the usual period of
prescription.
ut is difficult to escape the inference
drawn by Lieutenant Colonel Crowtler from
the DEGREES of 1870 that the government
of Spain then supposed it had the right to
secularize the College of San Jose, but It
Is also true, as pointed out by the same
gentleman. that the parts of the decree
which implied this power were not enforced
and were frustrated by the resistance of
the ecclesiastical authorities in these is
lands, and the same is to be said of the de-
crees of 1875 and later years, except so
far as 1t could be said to be secuiariza-
tion of the properties and foundation of the
college to make 1t a subordinate branch for
the teaching of secular subjects in uni
Versity conducted by the Dominican order
of monks under the ultimate authority of
| the pope.
Important Questions.
ut is apparent from the arguments that
among the questions which will probably
be of Importance in the decision Of the is
sue of this case is whether under the canon
law the foundation here made in the will
of Figueroa the founder) was an eccle-
siastical pious work subject to the ultimate
| control of the Church of Rome; another is
| whether the power exercised by the king
| over colleges under his protection to con-
troll them without the Intervention of the
archbishop was necessarily dependent upon
the papal grant, or was exercised by the
crown as it's own without regard to the
church. Another question is whether, even
If the United States may act as parens
patriae, it's provision for a trustee and a
purpose analogous to that of the founder
should not be limited to that of a trustee
who Is priest Of the same church as the
founder and purpose nearer to the aims
of the Catholic Church than merely secu
| lar professional school.
And doubtless other difficult questions
not now considered may arise in a Anal
argument of the case In other words. in
| order TO decide the merits of this case. we
should probably have to consider and set
tie nice question of canonical law. and
investigate and discuss the historical and
legal relations Of the crown of Spain TO
the head of the Cathoiic Church. Neither
OF these questions do we feel competent
now to decide with the materials which are
before US and with the time at our dispo-
sal nor do we need a do yVo orn :, -.