The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1918-06-22

convention to provide in the Constitu-
ton that perfect liberation of religious
sentiment shall be secured and that
be molested in person or property on
account of his or her mode of religious
worship. And this provision appears
as Section 2, Art. of the Constitu-
ton. In the Constitution of the
various States we find the constant
recognition of religious obligations
We find language which either direct
ly or by clear implication, recognizes
profound reverence for religion and
an assumption that it's influence is
essential to the well being of the COM
munity. The preamble to our own
Constitution is:
Invoking the guidance of Almighty
God, in order to secure and perpetuate
the blessing of liberty; to secure just
and rightful government; to promote
our mutual welfare and happiness, we,
the people of the State of Oklahoma,
do ordain and establish this Constitu-
ton.
The happiness of any people and the
good order and preservation of any
government must essentially depend
upon piety, religion and morality.
These cannot be generally diffused
throughout community except by the
institution of the public worship of
God and of public instruction in piety
and religion. We should not impute to
the trainers of our Constitution and
to the members of Congress who
enacted the enabling act the intention
to prevent or interfere with public
worship, under the general terms to
suppress the liquor traffic
Mr.. Justice Brewer, in the Church
case, supra, made use of this illustra-
ton:
Suppose in the Congress that passed
this act some member had offered a
bill which in terms declared that, if
any Roman Catholic church in this
country should contract with Cardinal
Manning to come to this country and
enter into it's service as pastor and
priest; or any Episcopal church should
enter into like contract with Canon
Farrar; or any Baptist church should
make similar arrangements with Rev.
Mr.. Sturgeon; or any Jewish syna-
gogue with some eminent rabbi; such
contract should be adjudged unlawful
and void, and the church making it
subject to prosecution and punish
ment, can it be believed that it would
have received a minute of approving
thought or a single vote? Yet it is
contended that such in effect was the
meaning of this statute. The con-
struction invoked cannot be accepted
as correct. 1t is a case where there
was presented a definite evil, in view
of which the Legislature used general
terms with the purpose of reaching all
phases of that letter, and thereafter,
unexpectedly, it is developed that the
general language thus employed, is
broad enough to reach cases and acts
which the whole history and life of
this country affirm could not have been
Intentionally legislated against. 1t is
the duty of the courts under those cir
substances to say that however. broad
the language of the statute may be,
the act, although within the letter, is
not within the intention of the Legis-
lature, and therefore cannot be within
the statute.
Suppose in our Constitutional con-
vention some member had offered a
section which in express terms de-
clared against the use of wine in sac
ramental services by any Church
within this State, and that the trans
portation and use of such wine, solely
| for such purpose, would subject the
members of that Church to prosecution
| and punishment, can it be believed it
would have received minute of ap-
proving thought or a single vote?
We have here case where there
was presented a definite evil, intoxica-
| ton and intemperance incident to the
| ordinary use and traffic in intoxicat-
| ing liquors, in view of which the mem
| bers of the Constitutional convention
| used general terms with the purpose
of reaching all phases of that evil
AC SO1CA al ld11Sud6O uoCu 10 OAOdO
enough, in it's literal Interpretation to
cover such fermented wine used for
| sacramento purposes, which the
whole history and life of the nation
affirms could not have been intentions
| ally legislated against In the ordinary
| transactions of life we find everywhere
a clear and positive recognition of the
| Importance and necessity of public
worship and the fostering in every
way possible of religious institutions.
The custom of opening sessions of de-
liberate bodies and most conventions
with prayer; our laws requiring OBJ
| servance of the Sabbath; the general
cessation of all secular business, the
| closing of courts and legislatures and
| other similar public assemblies on the
| Sabbath; the various churches and
church organizations which abound in
| every city, town and community; the
| multitude of charitable organizations
| existing all over the country under
| Christian auspices; the missionary
| societies and associations which re-
ceive general support and aiming to
establish the Christian religion in
every quarter of the globe these and
| many other matters which might be
| noticed ON h1or,oc Of ;c4; =