The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1913-05-10

recognition upon the community
in which it is established, going
so far, in many instances, as to
make itself the representative of
the people whenever the state or
municipality wishes to undertake
a work for the general welfare.
A case, involving the legal
status of the Y. M. C. A. as an
organization competent to receive
grant from the state or munich
pality, was recently decided in
Portsmouth, Va. The city author
tiles were celebrating on the
transfer of parcel Of real estate
to the Y. M. G. A. for the carrying
out Of its purposes, and, doubling
their right to do so, they appealed
to the city attorney for an opinion
on the legality Of such transac-
ton.
In reply to their request the
City Attorney, John w. Happier,
set forth the provisions of the Vir-
ginia Constitution governing such
cases. It seems that the Virginia
Constitution authorizes the Gen.
eral Assembly of that State to ex-
tend to cities and towns the right
to make appropriations of public
funds, personal property or real
estate to any charitable institution
or association provided that such
institution or association is not
controlled in whole or in part by
any church or sectarian society.
But the words sectarian society
shall not be construed to mean a
non-denominational Young Men s
Christian Association"
Admitting the Young Men s
Christian Association to be a
charitable institution as contended
for" says Mr.. Happier, "the real
question arises, is it non-denomi-
national Young Mems Christian
Association?
"a non-denominational Chris
tian association, in my opinion, is
one in which all Christians. or be-
levers in Christ, have an equal
right to participate, upon the
same terms and conditions. Is this
so Of the Young Mems Christian
Association of this city?
we are told it is managed and
controlled by it's active members,
and to be an active member one
must be member Of a Protestant
church. Is not this requirement
an exclusion Of all Christians who
are not members Of the Protestant
faith or churches? And yet are
there not many Christians who are
not members Of Protestant
church? If these propositions be
true, then how can it be said that
this association is non-denomina-
tional young mems Christian asso-
citation? Yet it must be in order
to be the recipient of the city s
bounty.
"My conclusion, therefore, is:
1. It must be charitable asso-
citation.
2. It must not be controlled by
a sectarian society, and
3. It must be a non-denomina-
tional young mems Christian asso-
citation.
'fThe first is the requirement Of
the Constitution, and the other
two are the requirements under
the act of the General Assembly.
eff either of these requirements
be wanting it is not within the
power of the city to give to the
Young Mems Christian Associa-
ton the said Jail lot. But whether
they are wanting or not is a ques-
ton too much involved in doubt
to admit of a positive opinion; and
= I would be unwilling to
pass the title to a purchaser under
such circumstances.
"Hence I would suggest that
the Council, if it desires to give
the property, advertise that fact
so that any citizen may, by In
junction, enjoin the same until the
question can be properly adjusted.
This it seems to me should be the
desire of the said Association so as
to avoid loss after the construction
of it's building.
Respectfully submitted,
SEJohn w. Happier,
getty Attorney"
In accordance with the opinion
given the City Council decided
that it had no right to make dona-
ton to the Young Mems Christian
Association Of the property in
question as site on which to erect
| their DrODosed huildinp.