The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1913-10-04

Kindly advise what the law of the
Church is in reference to person who
has lived beyond his means, gets into
debt knowing he can't meet his bills
when due, and resorts to the bankrupt
laws to wipe out his obligations with
his creditors? Does the Church con-
slider such methods wrong, or, as the
law allows person to do such thing,
10 1t also considered by the Church
lawful?
The case of the person described in
the question is evidently one in which
the debtor gets into financial difficulty
through his own fault, not merely
through misfortune. In other words,
he more or less deliberately purposes
beforehand to defraud his creditors
Ali Catholic moralists agree that such
a person is bound to make full resti-
tuition to his creditors as soon as he
is able, Notwithstanding his discharge
from a court of bankruptcy. The only
case in which any Catholic moralist
would permit bankrupt to get NOR
ally free from paying his creditors in
full, happens when the bankruptcy
laws are explicitly intended by the
legislators to free the debtor not only
from the legal but from the moral
obligation as well. There is no evil
dence that the bankruptcy laws of our
states are made with any such inten-
ton. Moreover, the majority Of Cath
Ole theologians deny that legislative
intention of this kind can have the
effect of setting the debtor free in con-
science. In this they are undoubtedly
right; for there are hundred reasons
why bankrupt should be required to
pay his debts in full to the one that
may be alleged for permitting him to
escape the burden.
1. What was the decision of the
PriVy Council of England in regard to
the "Hebert Ne Temere decree" 2.
What right has the Canadian govern
ment to try case in which the Cath
Ollie Church is concerned? 8. Would
a similar case be logical in our free
county?
1. The Hebert case was never TAX
en- to the Privy Council of England
hence there was no decision rendered
by that body. 2. The Canadian Gov
eminent had nothing to do with it..
1t was tried in the local courts. 8.
AS far as we know there is nothing to
prevent a similar case being tried in
4, our courts. A brief history of this
case may not prove uninteresting The
case was as follows: The Heberts
both Catholic-were married in the
Province of Quebec by Protestant
clergyman. They lived together for
about two years when, at the time OF
the PRONUNCIATION and consequent dis
cussion of the Ne Temere decree He
bert recognized that he was not mar
ried at all, and appealed to the eccles-
iastical court for ruling in his case.
The court decided that there was no
marriage. Mrs. Hebert supported
and backed up by the Protestants
who supplied the funds) appealed to
the civil courts. The lower court up
held the decision of the ecclesiastical
court, but, in doing so, took no evil
dence. Mrs. Hebert appealed from
this finding and, on account of Hebert
putting in no defence, won by default,
as it we're, thus reversing the decision
of the first justice who tried the case.
This left the matter as unsatisfactory
as ever as far as the jurisdiction of
the respective courts and the interpre-
tation of Quebec law were concerned
and the case was taken to the SUI
preme Court of Canada. In the mean
time the campaign of 1911 was at it's
height Accusing the bigotry and re-
Iigious animosity of the Protestant
electorate was major part of the
Conservative tactics. Sir Wilfred
Laurier, Catholic, was Premier. Dur
ing his tenure of Office the Eucharis-
tic Congress in Montreal in which he
participated, the PRONUNCIATION of the
Ne Temere decree, the Separate School
legislation of 1905 giving Alberta and
Saskatchewan separate schools for all
time, etc., etc., followed each other in
quick succession. Laurier was repre-
neutrality-suspicious. in Protestant On
tario-as the direct representative of
the Pope and an appeal was made to
dethrone him. Protestant campaign
particularly one E. A. Lancaster
promised that, if the Conservative
party were returned to power, it would
introduce and pass a marriage act
which would unity existing laws and
become operative at once from one
end of Canada to the other. 1t would
more particularly curb the ambition
and annihilate the authority of the
Catholic Church in Quebec Province
The Conservatives were elected and
in order to make good their promises
bill was introduced in the Dominion
House of Commons (called the Ian.
caster Bill to attain this result After
little discussion, however, Mr.. Lam.
caster was prevailed upon to with.
draw his measure for the purpose OF
having the courts determine the rela.
tive jurisdiction of the Dominion Par
lament and the Provincial parlia
ments in the matter. Up to the pres
ent time, and under the Act of Con.
federation of 1867, the Provincial gov
ernments are entrusted with the ex
elusive power of legislating in mat
tiers affecting the solemnization of mar.
riage. Divorce land questions attend
ant upon it, is reserved for the Do
minion Senate, except in one or two
provinces which had divorce courts