Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-21
DECREE.
: CONTINUED from Page One.)

the passage of the bill was signed by
| coo French Catholics.
In May last, six men who had been
prominent in the attempt to secure the
| new legislation, We're interdicted by
Bishop Walsh because If the grave
scandal given by Their various words
and acts in a recent attack on church
authority and church law in the do
cese Of Portland"
These men were Godfrey S. Dupree
Alfred ]. Beland, DR. Albert c. Mar
nard and Or. George G. Precourt of
| Biddefard. and Alfred Bonneau and
| j. r. Couture of Lewiston.
Judge Enoch Foster, who represent
ed the petitioners for the repeal Of the
corporation sole at the legislative hear
irg, stated tonight that in his opin-
ion there was nothing in the statutes
of the state Of Maine to forbid the
organization of parish corporations in
accordance with the order Of the Holy
Sec. What steps. if any, would be talk
en- by his clients, he could not say
The following statement regarding
the decree from he Congregation of
the Council in Rome relating to the
Corporation Sole was made by lie
Ig1timate church authority in Port
land.
This decree coming from the Con
IgregatiOn of the Council in Rome is
in response to requests from several
bishops in the United States fer rec
Concentrations OH the titles of holding
church property. The matter has been
studied during the past three years
| BY the bishops and archbishops and
this decree is simply the reply TO their
requests. The controversy in regard
| to the Corporation Sole Elm the diocese
of Portland was in no way. shape or
manner connected With this decision
or decree.
| THE decree has been sent to the
bishops who are to determine upon the
little best suited to the conditions in
their respective dioeeses. and It is for
| them to determine what, i am
changes are to be made in the present
| title OF property. The title Of lee
| simple is to be abolished as soon ~
the bishops may be able to secure some
better title and perhaps in many states
| no other better title will be available.
"A general decree OF this kind IS not
easily applied to all the dioceses in the
United states becanse each state
makes it's own laws on such matters.
Hence the bishop lin each diocese may
|applv to the auth orities il Rome and
come to an understanding with them
as to how far there should be any
change in the present titles of church
property.
The title of Corporation Sole and of
Parish Corporation and of fee esimple
were all approved by the third plenary
council of Baltimore in the year 1884
and approved by the Holy See.
Zach title has its great advantage
and. perhaps, some drawbacks. and it Is
for the church authorities To adopt ant
to adopt one or the other according a.
the best interests of the church and o
all the people in the church demand
THE form of parish corporation a
| existing in the state OF New York con
sists Of the bishop of the diocese as pres
| ident of the corporation and the viea
general of the diocese and the pastor q
some other priest with two 1aymen, VIII
must be Catholics in good standing am
must be approved by the bishop, and II
act of this corporation is valid in an,
way unless it is signed in writing BY th'
bishop of the diocese. The authority
therefore, of the church ami of the bish
OPP is practically the same as in othe'
titles
The title of Corporation Sole has exist
ed for very many years in san FRANCIS
ee, Chicago. Baltimore. Louisville, Bos
ton, Portland, Springfield, Providence
Fall River and Manchester and every
safeguard required by the church or by
| the state was secured under this title
of Corporation Sole. His Grace the latt
| Most Reverend Archbishop Williams oil
| Boston, was the chairman of the specia
committee 10 draw up this law and title
at the council of Baltimore, and his long
experience as priest bishop and arch
bishop in New England made him see its
great simplicity and its great value to
safeguard the legitimate rights of peo-
Pile priests and bishops in all matters
pertaining to church property. 1t did not
aud does not make the bishop the owner
of the property in any legal or eccles-
iastical sense of the word NJ simply
makes him a holding body for all the
people in the parish and in the diocese.
It has safeguarded the honor and the
| credit of the church in several dioees of
| New England ana IL mas pesi ipoheu
upon by financiers and administrators as
the simplest and best of all titles"
Bangor, Me, oct 20.-The Sacred Heart
Review of Boston of Oct, q date, prints
a translation of an announcement from
the sacred council of Rome regarding
the holding of Catholic church property
in the United states. certain bishops in
this country having asked the Pope for
instructions and the Pope answering
through the council The decision fol-
lows:
"1-Of the various methods of holding
and administering ecclesiastical property
in the United States, the sacred congre-
cation of the council prefers that which
is known rs the parish corporation; but
| it must be of the same form that
which exists in New York state. Bishops
are ordered by this decision to introduce
Immediately into their dioeeses this
method of holding church property. pro-
vided the law in the state permits it.
| And if such a law does not exist they
should ask IN have il enacted