Newspaper Page Text
PAGE 6—THE BULLETIN, March 18, 1961
Author Of Textbooks On
Constitutional Law Sees
lo Problem In School Aid
(N.C.W.C. News Service)
CAMBRIDGE, Mass.—There
is no constitutional problem
involved in Federal aid to pa
rochial schools, according to
a leading constitutional expert.
Prof. Arthur E. Sutherland
of Harvard University here is
the author of “Constitutional
Law Cases and Other Prob
lems” and “The Law,” both of
which are used in law schools
throughout the United States.
In a statement to the press,
Mr. Sutherland said:
1. There is no clear constitu
tional prohibition against Fed
eral aid to parochial schools;
2. If Congress passed a law
providing such aid, there
would be no way to bring it
before the U. S. Supreme
Court for constitutional decis
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The Harvard law professor
cited Article 1, Section 8 of
the Constitution on the powers
of Congress to appropriate
funds.
“Congress can spend money
on anything it wants,” said Mr.
Sutherland, “provided it is for
the ‘general welfare’ and does
not conflict with any other
constitutional provision.”
. The only other provision
with which it might conflict,
he added, is the first Amend
ment to the Constitution which
reads, in part: “Congress shall
make no law respecting an
establishment of religion, or
prohibiting the free exercise
thereof . . .”
Aid to parochial schools
would not “prohibit the free
exercise of anyone’s religion,”
he said. And the phrase on
“establishment of religion”
would probably not cover
“anything which is an inciden
tal to aiding a church,” such as
aid to education.
He said that specific aid
from tax funds has already
been given to religious schools
in the Federal lunch programs
and in school bus transporta
tion on a local level.
He dismissed the argument
that this was aid to students,
not to schools: “Can you say
that a hot lunch given the
pupils in the middle of the
morning does not make that
school more attractive to par
ents thinking of sending their
children there?”
He applied the same argu
ment to bus facilities and to
building loans given to relig
ious colleges.
If a law aiding religious
schools is passed by Congress,
said Mr. Sutherland, “I could
think of no clear constitution
al reason to veto it.”
“Since we can never get a
test in Federal courts,” he
added, “we must guess as to
whether such a law is consti
tutional or not.
“This is not a black or white
case. It . is one of those things
that cannot be answered cate
gorically by turning to the
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CITES IMPORTANCE OF DEAD
SEA SCROLLS IN DOCUMENTING
AUTHENTICITY OF SCRIPTURES
(N.C.W.C. News Service)
LA CROSSE, Wis. — The Dead Sea
scrolls are among the greatest discoveries
of all times — if for no other reason than
that they document the authenticity of the
Bible.
So stated Menahem Mansoor, head of
the Department of Hebrew and Semitic
studies at the University of Wisconsin, in
an address at Holy Cross seminary.
The ancient manuscripts were found
between 1947 and the present time in caves
on the northwest shore of the Dead Sea.
The site is believed by most scholars to
have been occupied by members of a He
brew sect known as Essenes.
“The Dead Sea Scrolls have been de
scribed as the greatest manuscript discov
ery of all time, and this is no exaggeratiqn.
It was really one chance-in-a-million find,”
Dr. Mansoor said.
From his own studies and from inter
views with leading theologians and arch
aeologists interested in the subject, Dr.
Mansoor said that he can guarantee that
“not a single scholar, not a single theolo
gian” accepts the views of some writers
that the Dead Sea Scrolls “would affect
the uniqueness of Christianity, as it were,
or would shake our faith, or even revolu
tionize our approach to the Bible.”
The importance of the discovery of the
scrolls, Dr. Mansoor said, is this fact: “Un
til the discovery of these manuscripts dat
ing back to 200 B. C. to 100 B. C., the only
Hebrew biblical manuscripts we possessed
dated only to the 10th Century after Christ.
“Now the discovery of the biblical
manuscripts among the Dead Sea Scrolls
takes us hack 1,000 years nearer to the time
when the Bible was written — almost to
the time when the last book of the Bible
was being written.
“This is the greatest importance, be
cause some so-called scholars insisted that
because we have no Hebrew manuscripts
going back to the pre-Christian era, the
Bible we have today is not the original
Bible. They maintained that it was only a
medieval compilation of the original.”
Among some 400 manuscripts of goat
skin and sheepskin, Dr. Mansoor said,
scholars have found every book of the Old
Testament except the Book of Esther.
Since an Arab shepherd discovered the
first scrolls in a cave in 1947, scholars have
searched more than 350 caves, 12 of which
have yielded material — including manu
scripts, artifacts, coins and other relics dat
ing to the period from 200 B. C. to 100 A. D.
“So far, scholars have in their hands
more than 10 large scrolls and more than
40,000 fragments. In 1952 they also found
two copper scrolls. The material is mostly
biblical,” Dr. Mansoor said. -
He said it would be years before scho
lars would be able to publish definitive
judgments on these finds. “I think that if
we do not exercise caution and study the
texts a hundred times before publishing
them, we may cause more havoc than a
badly constructed jet plane — and that
would be a spiritually demoralizing havoc,”
the Egyptian-born scholar said .“This is one
of the main reasons why scholars are slow
and cautious in publication.”
The Dead Sea Scrolls have added a
great deal to the history of religion, Dr.
Mansoor said.
“New Testament scholars, both Protes
tant and Catholic, have stated more than
once that their discovery has helped to
make some of the Christian doctrines bet
ter understood.”
Some of the similarities between the
Scrolls and New Testament writings, he
said, ‘(certainly give us a better under
standing’-of Christian origins. They have a
considerable bearing on the study of the
background of Christianity . . . One scholar
in Harvard found 200 verbal similarities in
the Dead Sea Scrolls and the New Testa
ment writings.”
He said: “The paramount importance
of the scrolls to New Testament study is
that they add to our knowledge and under
standing of the era and give us a more
precise insight into the life and faith of
one of the groups of Jewish brotherhoods
of that time.
“Every scroll that is being deciphered
and translated adds more to our knowledge,
but not one of them will shake or affect
our faith.”
Msgr. John Paul, rector of Holy Cross
Seminary, gave a reception for Dr. Mansoor
after the lecture. Among those present
were members of the arrangement commit
tee: Rev. Melvin Frank of the First Con
gregational church; Rqbbi Bernard Reich-
raann of the Congregation Sons of Abra
ham; Hyman Kaplan, president of the con
gregation; and Bernard Sharp, president of
the local B’nai B’rith.
Says Reds Influence
'Intelligentsia'
OBITUARIES
Constitution.”
There is no practical way,
he said, to bring such a law
before the Supreme Court. An
ordinary taxpayer could not
bring suit against such a law
because his involvement in
the case would be too “dilut
ed.”
“Let’s look at it this way,”
Professor Sutherland said.
“You cannot have a court test
without someone being hurt
and bringing suit. Now whose
toes are being stepped on if
the U. S. government gives aid
to private and church schools?
Only the taxpayer whose mon
ey it is.
“But the Supreme Court has
long since established the
principle that a Federal tax
payer has no standing in court
to challenge the constitution
ality of a Federal statute.”
The ruling against taxpay
er suits on constitutionality
dates back to the 1923 Su
preme Court decision, he said.
In that year, a Massachusetts
woman believed that a Federal
bill passed to aid unwed mo
thers was unconstitutional.
As a taxpayer, she brought
suit against the Secretary of
the Treasury, but the case was
thrown out by the Supreme
Court.
The case was invoked as a
precedent in 1928, when a cit
izen named Elliott brought
suit to eliminate Army and
Navy chaplains, claiming a vi
olation of the First Amend
ment,
The Supreme Court did not
decide on the merits of either
case, but found that the tax
payers had too “diluted” an
interest to bring suit against
the government.
Mr. Sutherland is an Epis
copalian.
DALLAS, Tex., (NC) —
Communists are “influencing
the intelligentsia more than
the workers and the common
man” in this country, Auxili
ary Bishop Fulton J. Sheen of
New York observed here.
“By intelligentsia,” Bishop
Sheen explained, “I do not
mean the intellectual. I mean
those who are educated be
yond their intelligence.”
The prelate, here to fill a
speaking engagement, said
that communism is “a threat
not only to religion but to mgn
himself.” He said communism
now blankets 37 per cent of
the world population and yet
there is no end in sight to Red
gains. To combat the national
and worldwide means, the
Bishop said “what we need is
more discipline and self de
nial.”
Bishop Sheen asserted that
the youth of the nation has
“been very much underrated.”
He said: “There is a potential
for sacrifice, discipline and
leadership in our young people
that has not been tapped.”
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Marvin C. Moore
AUGUSTA — Funeral serv
ices for Mr. Marvin C. Moore,
were held March 4th at St.
Patrick’s Church, Father Ar
thur A. Weltzer officiating.
Survived by his wife, Mrs.
Evelyn A. Moore; two daugh
ters, Mrs. Sheila Asselin, Ft.
Clayton, CZ., Miss Theresa
Moore, Augusta; a son, A2/c
Dennis J. Moore, Tyndell,
AFB, Fla; his mother, Mrs.
Anna Moore, Ashville; a bro
ther, Burgess Moore, Jr.; two
sisters, Mrs. Vivian Buchner,
Ashville; Mrs. Sybia Heillig,
Alexander, Va.
Mrs. Mary Stapleton
SAVANNAH — Funeral
services for Mrs. Mary Staple-
ton, were held at the Cathe
dral of St. John the Baptist,
February 24th.
George J. Harth
AUGUSTA — Funeral serv
ices for George J. Harth, were
held at Sacred Heart Church,
February 25th, Father Gerald
Armstrong, S.J., officiating.
Mrs. Leo E. Lolly
HAPEVILLE — Funeral
services for Mrs. Leo Edward
Lally, were held at St. John
the Evangelist Church, March
6th, Father John J. O’Shea,
officiating.
Survivors are her husband,
Mr. Leo Edward Lally; Miss
Barbara Ann Lally; Master
Kenneth Lally; Master Leo M.
Lally, all of Hapeville.
Miss Agnes
Cotherwood
SAVANNAH — Funeral
services for Miss Agnes Mer
cedes Catherwood were held
February 27th at Sacred Heart
Church, Father Terrance Ker-
nan, O.S.B., officiating.
Survivors, are four brothers,
Milton L. Catherwood, Samuel
C. Catherwood, Jr., and Cecil
A Catherwood, all of Savan
nah and William L. Cather
wood, Roxberry, Mass.
Miss Frieda Tahan
ATLANTA — Funeral serv
ices for Mrs. Frieda Tahan,
were held at Sacred Heart
Church, Father Joseph Abi-
Nader officiating.
Surviving are four daugh
ters, Mrs. Mike Deraney, Grif
fin; Mrs. Abel Ashkouti, At
lanta; Mrs. Ann Warren,,
Barnesville; Miss Emily T.
Labanon, and two sons, Mr.
Charlie Tahan, and Mr. Oscar
Tahan, of Danburg, Conn.
James C. Nugent
FITZGERALD — Funeral
services for James Carroll Nu
gent were held at St. Anne’s
Church in Alapaha.
Survivors include his par
ents, Mr. and Mrs. Owen J.
Nugent, Alapaha; four broth
ers, Kenneth, David and Her
man Nugent, all of Alanaha;
Lt. Charles Nugent, U. S.
Navy, Davis Field, R. I., two
sisters, Miss Judy Nugent, of
Alapaha and Mrs. R. B. Reese
of Smyrna.
Mrs. G. F. Fetscher
ATLANTA — Funeral serv
ices for Mrs. George F. Fetsch
er were held March 8, at Sa
cred Heart Church. Father
John Emmerth, S.M., officiat
ing.
Survived by Miss Evelyn
Fetscher.
Mrs. Tibor Kentey
ATLANTA — Funeral serv
ices for Mrs. Tibor S. Kentey
were held March 3,' at Sacred
Heart Church, Father John
Emmerth officiating.
Surviving Mrs. Kentey are:
Mr. and Mrs. Michael B. Mar
tin, Mr. and Mrs. Eugene Sil-
lay, Pees, Hungary; Michael B.
Martin, Jr.
Mrs, Pierre Vignaux
ATLANTA Funeral serv
ices for Mrs. Pierre W. Vig
naux were held February 27th
at Sacred Heart Church, Fa
ther John Emmerth officiat
ing.
Mrs. L. S. Armistead
ATLANTA — Funeral serv
ices for Mrs. Luke Armistead
were held February 28, at Sa
cred Heart Church, Father
Thomas J. Roshetko officiat
ing.
Surviving Mrs. Armistead
are: Mrs. Ray Fromshon, Mrs.
W. R. Armistead, Mr. W. G.
Armistead, Mr. and Mrs. Hen
ry H. Armistead, Cocoa, Fla.;
Mr. and Mrs. Frank Armi
stead, Palm Beach, Fla.
Always take advantage of
the little opportunities that
come along and you won’t
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George LaHood, Sr.
VALDOSTA — Mr. George
LaHood, Sr. died Sunday,
February 26 and was buried on
February 28 from St. John
the Evangelist Church in Val
dosta.
He was a native of Lebanon
and moved to Valdosta in 1909.
Survivors include his wife,
one son, George, Jr., one
daughter, Mrs. William Joseph,
one brother, T. J. LaHood, and
eight grandchildren. Pallbear
ers at the requiem mass were
his nephews, Ellis Hanna,
George Hanna, Jimmy Hanna,
Frank Hanna, Abdo Hanna,
John Hanna, Fred Nijem and
Ernest Nijem. Father Payne
conducted the services and
burial in Sunset Hill Ceme
tery.
T. S. Bresnahon
AUGUSTA — Funeral serv
ices for Thomas S. Bresnahan
were held March 1st at St.
Patrick’s Church, Rev. Arthur
Weltzer officiating.
Survivors include three bro
thers, James C. Bresnahan of
Knoxville, Tenn., Lawrence J.
Bresnahan of Savannah, and
Robert A. Bresnahan of Augus
ta; and a number of nieces
and nephews.
PASTORAL LETTER IN
CONGRESSIONAL RECORD
WASHINGTON, (NC) — Rep. John D. Dingell of
Michigan has inserted in the Congressional Record the
pastoral letter issued separately by Bishops in Georgia
and South Carolina^
The letter announced that Catholic pupils, regardless
of color, would be admitted to Catholic schools as soon
as this can be done with safety to the children and
schools.
The letter was issued by Bishop Thomas J. McDon
ough of Savannah, Bishop Francis E. Hyland of Atlanta,
and Bishop Paul J. Hallinan of Charleston, S. C.
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