New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-13
WHO Owns THE VATICAN ?
Continued from first page.

In Article " to the possibility of the State as
Stunning itself the expenses and care in con-
nection with the maintenance Of then Vatican
museums and library in support Of its conten-
ton. Inasmuch the italian tribunals are
alone competent to interpret the oft obscure
and doubtful provisions Of the law of the land,
and as the judges. unlike those of this country.
hold their Office at the pleasure of the Minister
of Justice for the time being. to whom they are
subordinate depending on him for advancement
and honors. it may naturally be taken for
granted that the construction Of the word in
alienable' in Article in the Law Of Papal
Guarantees will be determined in sense ia
vorable TO the government rather than to the
Papacy.
There is no doubt that the decision OF the
courts would be further influenced in a sense
favorable to the government by the existence
Of the law dealing with the preservation of
antiquities Of historical or artistic interest IN
the kingdom. which practically gives the State
a title thereto irrespective Of the rights Of the
actual owners The latter are prohibited, under
penalty of confscauon. fine and Imprisonment
from disposing Of these treasures to anybody
save to the government itself. or to persons
who. having bound themselves not to take the
works in question out of the country, pro-
vided with authorization from the State
duly specifying each particular object. Moth
ing of this nature be removed from the
kingdom. and not only has the government the
right of presumption and appropriation. but it
also. by the terms of the law, is enabled to i'm
pose such conditions upon the owner or holder
of such works Of artistic or historical interest
as 1t may deem necessary for their preserva-
ton. Thus q piece OF vandalism such that
perpetrated by a well known peer of England
who, firing of his magnificent old tapestries,
converted them into carpets for the nurseries
and piayrooms of his children, would be i'm
possible in Italy, where the authorities would
once intervene and either force the owner to
take proper care Of the tapestries else would
assume possession thereof themselves.
This law, based the somewhat socialistic
doctrine that owners Of objects Of national in
terest have certain national obligations to fulfil
and that their right TO such belongings Is linz
tied by conditions which do not apply in ordi-
nary cases, is not. as many people seem to be-
heFe' an arbitrary act OF a spollatory nature
or the present government For il existed long
prior to the union of Italy. in each OF the
hlerouS sovereign states INTO which the penin-
sula was then divided, and it only the cor
ruption of officials that enabled the evasion of
It's provisions. All that the existing govern
ment has done has been to codify and to unite
into one statute the Pacca Edict issued by
the Papacy in 1920 the Neapolitan law of 1922
the Lombardian decree of 1927, the Modena law
+ or 1891 and the edict first proclaimed in Tus-
cany IN IIJ4 Some OF these were even more
sweeping in their provisions than the present So
eaIIed Gallo law, which the Italian authori-
tles assert applies to all antiquities of artistic
or historical interest. no matter whether they
happen TO be in the possession Of a nobIeman
such as Prince Borghese or the Papacy.
some Two years ago a contention similar TO
that now put forward by the government re-
Garding the ownership of the Vatican arose in
connection with the catacoInbs ct Rome the
extremists in the national legislature insisting
that their preservation, as well the work OF
excavation and Of exploration, so rich in val
liable finds" should be transferred from
eccleslaSucaI TO lay hands. At the time of the
Incorporation or Rome into the Kingdom of
Italy, in 1870, the catacombs. as sacred places
or pilgrimage, containing bodies Of martyrs,
We're left by the government in charge of the
of
Plus TX, confded the task OF preserving the
catacombs and continuing the work Of excava-
ton and exploration to d board of prelates and
archeologIsts known as the Commission OF
sacred Archaeology. The latter, while charging
entrance fees to the various subterranean GEM
eteIles mas devoted the money thus obtained. as
well as large subscriptions from Catholics all
the world over. to the opening up Of more Of
tneSe long hidden catacombs. recovering num-
berless ancient paintings and statues while the
inscriptions discovered have added in no small
degree to the knowledge of the conditions of the
Eternal City two thousand years ago. Thanks
10 the munifcence OF the Belgian Counts de
Merode' the entire San Domitilla catacombs
were explored by the commission in question
whlle similar generosity from another source
placed 1t within the power of the commission to
devote l,OOUOOO francs to the subterranean GEM
elefy OF san CallXtus. IN fact. satisfied was
the Italian government with the manner in
which the commission was fulfilling it's allotted
duty that, turning a deaf ear to the protests of
the anti-Clerical element in Parliament ii re-
solved to leave the care and the excavation of
the catacombs Of Rome to the Papal commits
in accord with the Ministry Of Public Instruc-
ton, TO which ii now makes periodical regular
reports Of its works TO it's superior authority
and enjoys the support of the latter when there
is any question Of guarding the rights of the
catacombs against the action of the owners Of
the surface soil
This goes to show that in the event Of the
Papacy inaugurating the proper up TO date pre-
cautions against fire In the Vatican the Italian
government will be perfectly content to leave
the Pontif in undsturbed possession of the pal
ace and OF its priceless treasures and collections
having no desire to excite the fire OF deVout
Catholics in every part of the world by arbitrary
interference with the Holy Fathers custodian
ship thereof. It therefore behooves the Holy
seat TO adopt Immediately all the requisite safe
guards for the preservation OF the palace against
the danger from which II escaped the other day
only through the assistance Of the Italian
authorities, which IT had been compelled to in
woke It is a duty in fact, which the Vatican
owes TO the members Of the Catholic Church
throughout the world. in this country as we'll as
IN Italy since. contributing TO its maintenance
to-day as they have contributed TO enrich IT in
the past, they may be said to enjoy if not a Ger
tain degree OF ownership at least vested in
terest therein. Meanwhile, II is somewhat re-
assuring to find the Roman Fire Department so
much more efficient than a few years ago for I
remember when the magnificent Roman palace
of Prince Odescalchi with all its priceless art
treasures, WAS completely destroyed by Ere in
the presence Of its owner and Of King Hurnbert
himself the vigil" or Grewen, did not mt In
+ an appearance until . fun hour after the flames
had broken out and after tie roof had already
fallen. tie delay being due to the fact that the
Fire Depart ment in those days had no horses OF
lis own AID obliged when fires broke out
anywhere to requisit.on the nearest Or .n:bLs or
tramway company the name OF the govern