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PAGI
JL2TIN, April 5,
Distributors and Underwriters
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ATLANTA BOX
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237-239 WHITEHALL ST., S. W.
JA. 2-G609 ATLANTA, GEORGIA
The Stafford Company, Inc.
Distributors of Holy Name Bibles,
American Educator Encyclopedia,
Marian Webster Unabridged Dictionary
JA. 2-3513 101 MARIETTA ST. BUILDING
ATLANTA, GA,
RYRERT PRINTING COMPANY
PRINTING LITHOGRAPHING
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Atlanta, Georgia
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ITALIAN LAWYERS DEBATE WHICH #
COURT CAN HEAR FRENCH WRITER'S
SUIT AGAINST VATICAN CITY DAILY
By Luciano Casimirri
(N.C.W.C. News Service)
ROME — Italian legal circles
are debating which court is com
petent. to try the defamation
case brought against L’Osserva-
tore Romano, Vatican City dai
ly, by French writer Roger
Peyrefitte.
A recent series of articles by
Mr. Peyrefitte, entitled “Rome
of the Popes,” was carried in
the communist-oriented Rome
daily, Paese Sera. The articles,
which were critical of the Holy
See and which made pointed
references to His Holiness Pope
Pius XII, caused the Vatican to
complain to the Italian govern
ment. The government in turn
brought charges against the
writer for insulting the person
of the Supreme Pontiff, an act
speicfically prohibited under
terms of the Italian concordat
with the Holy See.
Mr. Peyrefitte then sued L’-
Osservatore, alleging that it
slandered him in some editori
als commenting on his articles
in Paese Serra. He also sued
Dr. Nino Badano, editor of II
Quotidiano, Rome Catholic Ac
tion daily for reprinting the
L’Osservatore editorial.
Mr. Peyrefitte has entrusted
his case to three lawyers, two
of whom, Achille Battaglia and
Leopoldo Piccardi, represented
Mario Bellandi in a defamation
suit he recently brought against
Bishop Pietro Fiordelli of Prato.
The central legal question in
volved in Mr. Peyrefitte’s suit
against L’Osservatore is whe
ther the paper which is printed
in a foreign country, namely
Vatican City, can be sued in an
Italian court.
In support of their position
Mr. Peyrefitte’s lawyers have
cited Article 6 of the Italian
penal code which states that if
an alleged offense is perpetrat
ed in even one part of Italy, it is
subject to the jurisdiction of
Italian law.
They argue this is applicable
to the L’Osservatore article be
cause it was distributed through
out Italy, although it was print
ed in Vatican City.
However, Italian jurists point
to the outcome of the only sim
ilar case in the history of mod
ern Italian law.
In June, 1934, L’Osservatore
printed an article calling the
sale of non-Catholic Bibles by
the British Biblical Society in
Italy “a swindle” in that many
purchasers bought them under
the impression they were au
thorized Catholic editions.
The British society’s repre
sentative, Henry Pons, sued
Count Giuseppe Dalla Torre,
editor of L’Osservatore.
The case was closed on De
cember 28, 1936, when an Italian
court declared itself incompe
tent to pass judgment against
L’Osservatore and ordered Hen
ry Pons to pay the legal costs of
the trial.
The Italian court stressed “the
absolute juridical incompetence
of an Italian judge to pass judg
ment, since the offense invoked
had not been committed on
foreign territory.”
The court also noted that the
Italian law specifies that when
a crime is perpetrated through
“the press, the 'place of its per-
. petration is where the - paper
is first distributed.”
Because the offense of defama
tion is “instantaneous and can
not take on a permanent charac
teristic and is juridically com-
plexed in the moment in which
two individuals together learn
of the defamation” the Italian
court was not competent to act,
DE GIV
E DUNHAM & O'NEILL
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ONTKACTORS
TR. 6-4303
1478 Mescasin, N. W.
Atlanta, Georgia
it declared.
No date has been set for hear
ing of Mr. Peyrefitte’s case
against L’Osservatore.
However, Mr. Peyrefitte’s trial
on the Italian government
charge is expected to begin in
mid-April.
The French writer has achiev
ed notoriety in France for two
hooks, “The Embassies” and the
“End of the Embassies” which
are alleged exposes of the
French foreign office and diplo
matic service.
He also wrote “The Keys of
St. Peter” and “The Knights of
Malta” both concerning the
Catholic Church.
In an editorial the Vatican
City daily reprinted a critical
article about Mr. Peyrefitte pub
lished in 1953 by the French
daily, Le Mode, and based on
documents provided by the
French Foreign Office.
Services For
Mrs. licClusicey
SAVANNAH, Ga. — Funeral
services for Mrs. Mary Barrett
McCluskey were held March
11th at the Cathedral of St. John
the Baptist.
MARRIAGES
O-
-O
j RICHARDS-REYNOLDS j
O O
MARIETTA — Miss Patri
cia Reynolds, daughter of Mr.
and Mrs. L. P. Reynolds and
Peter Lawrence Richards, son
of Mr. and Mrs. Neal R. Rich
ards were married March 8th at
St. Joseph’s Church.
O O
| MULLIGAN-HEFFERNAN |
O O
AUGUSTA — Miss Martha
Ann Heffernan, daughter of
Mrs. Lee B. Heffernan of Au
gusta and Mr. Thomas J. Mulli
gan, Jr., son of Mr. Thomas J.
Mulligan Sr., of Augusta, and
the late Mrs. Mulligan were
married March 13th at the Sac
red Heart Church, Rev. Peter F.
O’Donnell officiating.
Pope Decorates
Ambassador
VATICAN CITY, (NC) — His
Holiness Pope Pius XII has con
ferred the Grand Cross of the
Order of Pius on Manuel Rio,
Argentine ambassador to the
Holy See.
This award is usually made
when a diplomat leaves his post
but Vatican circles explain that
Mr. Rio, who has been his coun
try’s ambassador here since 1956,
received the decoration as an in
dication of the Pope’s regard for
Argentina.
WE THREW THE KEYS AWAY
PLAZA PHARMACY
OPEN ALL NIGHT
1061 Ponce de Leon, Corner Highland, Elgin 0381
Atlanta, Georgia
St. Josephs Infirmary
School of iursing
ATLANTA, GEORGIA
Card. Tisserant
Will Be Honored
VIENNA, (NC) — His Emi
nence Eugene Cardinal Tis
serant, Dean of the Sacred Col
lege of Cardinals, will be given
an honorary doctor of theology
degree by the University of Vi
enna late in April.
Cardinal Tisserant, who is also
Secretary of the Sacred Congre
gation for the Oriental Church,
will be given the degree in rec
ognition of his outstanding work
as an orientalist and of his man
ifold services to the eastern peo
ples.
Last year the Cardinal was
the representative of His Holi
ness Pope Pius XII at the Maria-
zell jubilee celebrations. Presid
ing over the ceremonies mark
ing the “Day of the Eastern
Church,” Cardinal Tisserant un
derlined the traditional ties be
tween the Catholic peoples of
eastern Europe and Austria’s
famous Marian shrine at Maria-
zell.
Flies From Canada
LONDON (NC) — Peter Cal-
nan flew specially from Canada
to serve at the first Mass since
the Reformation in the village of
Barkway, Hertfordshire, some 30
miles from central London.
The Calnan family live in the
village and Peter’s father, C.
Calnan, had asked specially to
be the server but he died sud
denly. His son offered to take his
place.
The Mass was celebrated by
Father Peter Geraerts, who op
erates a mobile “traveling mis
sion” in the rural areas of the
Westminster See.
founded 1900
Conducted by the
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ATLANTA