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PAGE 2—THE BULLETIN, May 14, 1960
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PLAN FOR NATIONAL K.C. CONVENTION - Shown at recent meeting in Warner
Robins are committee members for the National Knights of Columbus convention scheduled
for Atlanta from August 16th to 18th. Pictured left to right are: Gordon Moss, District Deputv
Atlanta; Larry Kudsik, Council 4420, Atlanta; Shirley Vick, Council 4358, Decatur- William
McAlpm, past State Deputy, Council 660, Atlanta; Charles C. Chesser, State Deputy,’Augusta•
William Jordan, Atlanta Council 660; Myles Boothe, Council 4599, Marietta. In the foreground
are A. Fedas, Council 660, Atlanta and Walter J. McCann, Council 660, Atlanta. These mem
bers of the convention committee outlined plans for the meeting at the annual Grand Knights
meeting held at Warner Robins with Council 4371 as host.
Says Expert In Field
PAMPHLETS AUTHOR KNOWS
LITTLE ABOUT CANNON LAW
A \2-page pamphlet entitled "Catholic or President” has been
published and widely distributed by Harry F. Borleis of Baltimore,
a partner in an electroplating firm. The pamphlet argues that canon
law prevents Catholics from honestly taking the oath of office of
President or Vice President of the United States.
Mr. Borleis. who says he is a Lutheran, said the pamphlet has
been sent to news media, Masonic lodges, persons and groups in states
where primary elections have been scheduled, and will be given to
delegates to presidential nominating conventions of both parties.
Following is a comment on the pamphlet by Father John J.
McGrath, assistant professor of Canon Law, the Catholic Univer
sity of America. Washington, D. C. Father McGrath is also co
ordinator of the university’s school of law and has been admitted to
practice before the Allegheny, Pa., County Court, the Supreme
Court of Pennsylvania and the Supreme Court of the United States.
(By Father John J. McGrath)
(Written for the N.C.W.C.
NEWS SERVICE)
The pamphlet’s author ob
viously knows very little about
canon law, for his work is not
only filled with errors, mistakes
and misrepresentations, but it is
a clumsy and bad law.
For instance, canons 1572 to
1593 legislate the structure of
Church courts on the diocesan
level. One of this group, canon
1574, requires that judges of
these ecclesiastical courts be
priests who are learned in
canon law.
Mr. Borleis writes of this
canon: “Canon 1574 decrees
that a layman cannot be a judge
in court. In the United States,
all judges must be laymen.”-
Now why did Mr. Borleis put
these two sentences together?
Did he really believe the canon
was giving the requirements
for judges in the courts of our
country?
If Mr. Borleis, who said he
studied canon law for a long
time before writing his pam
phlet, was knowledgable in
Church law, why didn’t he cite
canon 139 which forbids priests
to be judges in civil courts?
Another illustration. Canon
Law, like the laws of France,
Germany, Switzerland and many
other countries, is based upon
Roman law. Roman law pro
vides for trial by judges.
Mr. Borleis writes: “Canon
law ordains that all cases in
court must be tried by a judge
or several judges. In criminal
cases, the Constitution of the
United States guarantees to the
accused the right of’ trial by
jury.”
This is another scrambling of
the difference between Church
and State. Again we wonder
why Mr. Borleis put two such
sentences together.
Canon law says nothing about
the trial of cases in American
law. And, the U. S. Constitution,
in its First Amendment, does
not dictate how any church
shall handle violations of its
own laws.
The First Amendment, guard
ian of religious freedom, leaves
every church free to judge its
own law by any system of juris
prudence it may choose.
One should not mix up
Church and State; it violates
canon law and the Constitution
of our country.
An even more surprising
thing happens to canon 16.
This canon discusses in two
paragraphs the effect of ignor-
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Bigotry Threatens Unity Of
lation, Protestants Warn
WASHINGTON (NC)—Thir
teen Protestant church leaders
have issued a statement declar
ing that the introduction of anti-
Catholicism into the 1960 presi
dential campaign “can only lead
to injurious dissent among our
people.”
The statement refers to no
candidate by name. But Sen.
John F. Kennedy of Massachus
etts, a Catholic, is a leading can
didate for the Democracy presi
dential nomination.
The statement, issued here
(May 2), declares that “some
times openly, more often secret
ly, one of the candidates has
been attacked (and, by some,
supported) merely because he is
a Roman Catholic.
“We find this profoundly dis
turbing; and quite apart from
what our attitude toward the
Roman- Church may be, to clas
sify any candidate for public
office in this way threatens the
mutual forbearance and the
hard Woa tolerance upon which
rests our democratic govern
ment and the broad unity of oui
people.”
Declaring the bigotry will
hurt both “Protestant and Cath
olic alike,” the Protestant lead
ers add: “Thus may the co
hesion of our people be smashed
into factions of hate, and old
issues resurrected that have
precious little to do with the
worth of any candidate or his
fitness for leadership.”
Among those signing the
statement are the Rev. Edwin
T. Dahlberg, president of the
National Council of Churches of
Christ; Methodist Bishop G.
Bromley Oxnam of Washington,
D. C.; the Right Rev. Arthur
Lichtenberger, Presiding Bish
op of the Protestant Episcopal
Church in the U.S.A.; the Rev.
Dr. Harry Emerson Fosdick,
minister emeritus of the River
side Church, New York; the
Rev. Dr. John C. Bennett, dean
of Union Theological Seminary,
New York, and the Rev. Dr.
Eugene Carson Blake, Stated
Clerk of the United Presby
terian Church in the U.S.A.
Weekly Calendar Of Feast Days
ance of law upon a person who
breaks church law. Mr. Borleis
writes: “Canon 16 states that
the force of the canon law is
absolute as to their legal effect.”
Canon 16 says no such thing.
It even admits that ignorance
of the law is a possible defense.
Now why did Mr. Borleis write
that sentence? Did he e-den read
the canon?
A final example of the pam
phlet’s approach is this:
In 1928, the Sac-rod Congrega
tion of the Holy Office, in Rome,
stated that cases of marriage
may not be brought into Church
courts by non-Catholics.
Since such persons are not
members of the Church; the
Catholic Church courts are not
competent forums for their
cases. This seems to make sense
to all. But Mr. Borleis writes:
“The Holy Office of the Cath
olic Church declared, on Jan
uary 27, 1928, that non-Cath
olics, whether baptized or un
baptized, are barred from at
tacking their marriages and act
ing as plaintiffs in their own
matrimonial cases; they cannot
sue for separation or annul
ment.”
What court is Mr. Borleis
writing about? Does he really
believe that non-Catholics would
want to be plaintiffs in our
ecclesiastical courts?
But enough of this pamphlet.
The examples cited above are
enough for any man to know
that there is nothing in the
pamphlet worthy of the time it
takes to read it.
There is no conflict between
canon law and American law.
Every Catholic can take, with
out reservation, a solemn oath
to God to uphold the Constitu
tion of the United States.
His religion binds him in con
science to keep that oath.
(N.C.W.C. News Service)
SUNDAY, May 15 — Fourth
Sunday after Easter. Feast of
St. John Baptist de la Salle,
Confessor. A French priest, he
founded the Christian Brothers
and became an Apostle of
Christian education of youth.
He was born in 1651 at Rheims
of noble parents, but gave all
his wealth to the poor upon his
ordination. He overcame many
obstacles before his institute of
Brothers was approved formal
ly by the Holy See. He died in
1719 and was canonized in 1900.
MONDAY, May 16 — St.
Ubaldus, Bishop-Confessor. He
was Bishop of Gubbio, Italy,
and was noted for his courage
in meeting and dissuading
Frederick Barbarossa, who then
was laying waste to Italy and
was threatening Gubbio. He
died in 1160 and was canonized
in 1192.
TUESDAY, May 17 — St.
Paschal Baylon, Confessor. A
Spaniard, he was born in 1540
and became a Franciscan Bro
ther. He was noted for his hu
mility, penance, and prayer,
and his devotion to the Blessed
Sacrament at the Altar singled
him out as the Saint of the
Eucharist. He died in 1592 and
was canonized in 1690. In 1897
Pope Leo XIII proclaimed him
the patron in heaven of Euchar
istic congresses.
WEDNESDAY, May 18 — St.
Venantius, Martyr. He was be
headed for the Faith at the age
of 16 at Camerino near Ancona,
Italy, in the persecution under
Emperor Decius about 250. Two
other Christians are said to
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have died with him.
THURSDAY, May 19 — St.
Peter Celestine, Pope-Confes-
sor. He was born in Abruzzi,
Italy, in 1221 and became a
Benedictine monk. He founded
the Celestinian congregation.
After the death of Pope Nicho
las IV, he was elected Pope in
1294 but resigned four months
later and returned to his mon
astery at Mont Morrone. He
died in 1296 and was canonized
in 1313.
FRIDAY, May 20 — St. Ber-
nardine of Siena, Confessor.
Scion of a noble family, he was
born in 1380 in Siena, and after
serving the sick in public hos
pitals joined the Franciscans
He declined several appoint
ments as Bishop, but was elect
ed Vicar General of his order
and accomplished great reforms
among its members. According
to tradition, he was cured of an
impediment of speech through
the Blessed Virgin. He died at
Aquila in 1444 and was canon
ized five years later.
SATURDAY, May 21 — St.
Valens, Bishop, and Compan
ions, Martyrs. Little is known
of St. Valens except that he
was a Bishop of the early
church. Tradition adds that he
and three Christian youths
were put to death for the Faith.
Methodists Vote ' ]
Down Catholic
Resolution
DENVER, Colo., (NC)—The
general conference of the Meth
odist Church has refused to go
on record as being “uneasy”
about a Catholic President.
Delegates to the conference
voted down by a show of hands
a resolution expressing concern
over the possibility that a Cath
olic might be elected to the
nation’s highest office.
The resolution expressed'ap
proval for a recent article in a
national magazine in which two
Protestant leaders listed reasons
why some Protestants are “un
easy” over a Catholic becoming
President. The article was writ
ten by Methodist Bishop G.
Bromley Oxnam of Washington,
D. C., and the Rev. Dr. Eugene
Carson Blake, Stated Clerk of
the United Presbyterian Church.
Urging defeat of the resolu
tion, the Rev. Alfred Brown of
Fort Worth, Tex., commented:
“We talk about separation of
Church and State. I’m sure we
don’t want the Methodist gen
eral conference to interfere with
who shall be a candidate for
office.”
Earlier, a “state of the
church” message submitted to
the meeting by the Methodist
Council of Bishops—made up
of 74 active and retired Metho
dist bishops—declared that the
Catholic Church has a right to
its views on the immorality of
artificial birth control.
It added, however: “We must
deny its right to make that posi
tion a mandatory interpretation
of Christian ethics or the
ground for thwarting the major
ity will toward a more enlight
ened approach to an overwhelm^
ing challenge.”
DR. ALLEN WASSERMAN
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