Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-17


quished its title In favor Of the COM
munes (townships). This view Is based on
an opinion of the council of state of the I'd
Gluviose. year XIII, approved on the 9th
of the same month. to which the churches
and parsoneses restored to worship by vfr-
tue Of the law of the 18th Of Germinal, year
x. must be considerea to be communal
property
ut was argued that as this opinion had
not been inserted in the bulletin Of laws 1t
could not have the force Of law. But the
result Of another opinion Of the 18th OF
Prarial, year XIII, inserted in the bulletin
of laws, is that imperial DEGREES which are
not inserted in said bulletin are not OBJ
ligatory from the day when they are
brought to the knowledge of the parties
concerned by means of publication, posters,
notices of delivery made or ordered by the
public officials charged with the duty of
enforcing them. However. the minister OF
the interior. in his circular Of the 30th of
Pluviose, year XIII, transmitted q copy of
the opinion Of the council of state to the
projects for notification to the communes,
and thereby impaired force of law to the
opinions.
Ownership Of Church Property.
I'm a general way it may be said in the
matters of church property that the POSI-
ton of the authors of the law of separa-
ton (which has consistently been the same
as that of the council Of state) rests on the
principles laid down in 1870 by the constit
uent assembly. -
THAT assembly always adhered to the
one theory. that church property had al
ways belonged, in ownership, to the nation,
and in enjoyment only. to the church, and
that 1t was the nations right to resume
possession. Then, looking upon worship as
a public service, 1t appointed the priests,
but in the same manner as all other officials
whose office 1t could discontinue. So that
by restoring church property to the nation
the constituent assembly did not confiscate
or appropriate. 1t did not commit a quasi
offense by which a right to reparation
would ge created in favor Of the clergy"
Dispute Over Title.
8. The bishops have no titles to church
property in France as they have in the
United States. The houses of worship be-
long either to the state. the "fabriques."
or vestrymen, of the parishes or to the mu-
inequalities, and. in many cases, to private
individuals, who may have purchased or
erected them or UPON whose estates they
may be located. The church authorities,
Father Savage says, hold that none of the
houses of worship are owned by the state.
since by article IL of the concOrdat they
were given back to the bishops, and, as a
rule, they are now the property Of the
"fabriques' or vestrymen. Disputes on
this question are likely to arise all over
France. and each particular case will be
decided by the civil courts on its own mer-
its when the property is handed over to
the cultural associations if the right of the
state to dispose of it is disputed.
6. The state or municipal authorities will
pass the title to all the houses of worship
to parsorages, to the "fabriques' or off,
GERS of the cultural association as fast as
the latter are formed.
{. The bishops will be appointed by the
pope as usual and will select and appoint
the priests as at present. The state will
hereafter have nothing whatever to do
with the churches any more than the gov
eminent of the United States. The Cath
Ollie churches in France by the separation
law are placed on the same basis as the.
Protestant churches and will manage their
own affairs.
s. cultural association can erect a
church or any other building without re-
gard to the government, just like any
other association or corporation. provided
1t does not violate the law. 1t has the
same rights as a social club, benevolent
society, a private educational institution or
any Incorporated body. 1t is placed upon
precisely the same basis as the American
church of Paris or any Catholic church in
the United States
D. The government will not recognize
schisms. Cultural associations must be or
ganized according to the separation law
but when their organization is perfected
they must submit to the recognized au-
thorities of the faith which they profess.
Presbyterans must submit to the presby-
terry; Jews must act according to their ira
dtional methods; Greek Catholics must
submit to the Jurisdiction of the patriarch
of the orthodox church, and Roman Cath
olics to the holy see. In several places in
France already socialists and other nom
believers have organized independent "cul-
turai associations for the purpose of get
ting possession of church property but
that will not be permitted.
Protection in View.
TO- The government of France intends to
protect, but will neither encourage nor
discourage religion. 1t will not injure nor
will it promote the church, but will tolerate
the Catholic just as it tolerates the Prot
estan. or the Jewish or any other religion
1t will not permit the organized societies of
either faith to suffer or to commit injus-
tice 1t assumes that the churches and the.
movable property they contain will pass
into the hands of those people who have
actually used them for worship in the past
and still desire to use them in the future
No property will be surrendered to any
cultural association composed of people
who do not belong to the church, who are
not communicates at that particular
church and have not habitually used it for
divine worship. 1t Is expected that the
people will continue to worship they
have been accustomed to do until they or
ganize themselves into associations and
comply with the law definitely decide
not to do SO. In the latter event the pre-
feet of the town will take possession OF the
house of worship and other property in the
name of the state and administer it as the
property of the state and the priests will
be permitted to perform their spiritual du-
ties by sufferance.
The law goes into effect December IL.
Mr. BRAND, minister of public instruction
and worship, has announced officially that
whatever the pope may do the churches
will remain open for worship as state and
communal property. but the priests must
look to the parishes for their salaries and,
instead of being in control, will simply be
tolerated until the people of the parish or
ganize a cultural association, as required
by the law, when the property will be
turned over to them.
Several ambiguous sections of the law
will be amended and made plain during
the present session of the chamber of dep
uties. AS Mr.. BRAND told me in Paris in
September, there will be no persecution
and no martyrdom. The policy of the
government is clearly defined in the law
and will be carried out without regard to
what the holy see may think or say or do
The concordat has been cancelled; the gov
eminent considers itself under no obliga-
tons to the pope and is proceeding accord
ing to it's own views of right, justice and
propriety. 1t is proposed to separate reli-
gion entirely from politics, as in the United
States.
News of the Rechabites.
Golden Rule Tent. No. 1884, independent
Order of Rechabites. held a largely aftend-