Newspaper Page Text
VOL 1, NO. 12
ATLANTA, GEORGIA
THURSDAY, MARCH 27, 1963
55.00 PER YEAR
MOVES
Supreme Court
Hears Obscenity
Test Arguments
THE 83-YEAR-old Archbishop
of Havana, Manuel Cardinal
Arteagay Betancourt, died at
San Rafael Hospital in the Cu
ban capital (March 20), after
failing for more than a year.
The third Cardinal to die in
1963, his death reduces the
College of Cardinals to 82 mem
bers. SEE STORY PAGE 3
WASHINGTON - NC- The at
torney for a theater manager
convicted of possessing and sh
owing an obscene film has ask
ed the U. S. Supreme Court to
clarify its test of obscenity.
This was the burden of the
oral argument presented before
the court (March 26) by Ep-
hriam London, New York lawyer
representing Nico Jacobellis of
Cleveland.
JACOBELLIS was found guil
ty on June 8, 1960, of violating
the Ohio anti-obscenity law by
possessing and exhibiting the
French film "The Lovers" at
Cleveland's Heights Art Thea
ter, where he was manager.
The Cuyahoga County, Ohio,
Court of Common Pleas senten
ced him to pay a $500 fine for
possessing the movie and a
$2,000 fine for exhibiting it.
His conviction was upheld by
the Cuyahoga County Court of
Appeals on June 21, 1961, and
by the Ohio Supreme Court on
January 17, 1962.
KENNEDY ASSERTS
Prevention Of War
Pope John’s Aim
The U.S. Supreme Court ag
reed last October 8 to hear the
case. It is expected to hand down
an opinion before it adjourns in
June.
"The Lovers" tells the story
of a married woman who gives
up family and social position to
have a love affair with a young
archeologist. The Ohio Supreme
Court in its ruling described it
as "filth for money's sake".
•WASHINGTON (NC)— Presi
dent Kennedy thinks His Holi
ness Pope John XXIII is inte
rested in preventing a nuclear
w ar and probably believes com
municating with Soviet Russia
is one way of attaining this
objective.
The President expressed this
view at one of his regular press
conferences, when asked to
comment on the audience Pope
John granted to Alexei Adz-
hubei, Soviet editor and Nikita
Khrushchev’s son - in - law,
during a recent visit to Rome.
"MR. PRESIDENT, are you
aware of any international
significance to the meeting be
tween Pope John and Mr. Adz-
hubei, Khrushchev’s son-in-
law?" a newsman asked.
"No, some historic interest,
but not any underlying inter
national significance," Presi
dent Kennedy responded. "As
you know, Mr. Adzhubei stated
when he got through that there
was no coexistence between the
ideology of Pope John and Mr.
Khrushchev, and that has been
my view for a long time.
LONDON stressed two main
points in his oral argument:
1) that the lower courts, in
applying "contemporary com
munity standards" to "The Lo
vers", erred by adopting the
"standards" of merely one
small community — Cuyahoga
County, Ohio — instead of the
entire country; and 2) that the
film was judged obscene on the
basis of one isolated sequence
rather than its "dominent
theme".
lieves the findings of the lower
courts indicate that they did
consider the film "as a whole".
Named To Post
VATICAN CITY (NC) —Fat-
her Joseph Zeliauskas, S.D.B.,
has been appointed director of
the Vatican's Polyglot Press
and administrator of the Vati
can City daily, L'Osservatore
Romano.
"But I think that what Pope
John is interested in, of course,
is seeing, and I think other
religious leaders are interest
ed in preventing a nuclear war.
So that he believes, I think
probably, that communications
is one of the means by which
we can achieve that objective."
BISHOP Robert E. Tracy of Baton Rouge, La., presents the
"Filiolae Mariae" award to Rose Marie White of Sacred
Heart parisli, one of 173 Brownies and Girl Scouts to receive
the honor at St. Joseph Cathedral. A Polio victim, she is in
the third grade at Sacred Heart school. The Scout award re
cognizes merit in spiritual progress as scouts.
This was the argument stre
ssed by Corrigan, who main
tained "we object to the movie
in its entirety."
HE SAID the bulk of the film
has as its purpose merely "set
ting the stage" for a concluding,
objectionable sequence. Without
this final sequence, he said, the
film is "meaningless., drivel".
Therefore, he argued, it is this
sequence which establishes the
purpose of the entire movie.
Corrigan also sought to dis
tinguish the "possession" of
obscenity in Jacobellis’ case
from that involved in another
Ohio obscenity case where cou
rts indicated that "mere pos
session" was not by itself il
legal.
What was involved in Jacob
ellis’ case, he told the court,
was not "mere possession" but
possession for a "commercial
possession for a "commercial"
purpose — the exhibition of the
film.
"Contemporary community
standards" and the "dominent
theme" were among the tests
of obscenity established by the
Supreme Court in its landmark
Roth-Alberts ruling of 1957.
Thus, in effect, London asked
the court to give a further de
finition of these concepts which
have been a source of conten
tion in many obscenity cases
in recent years.
REPRESENTING the state
before the court was Cuyahoga
County Prosecutor John T. Cor
rigan. He denied that "The
Lovers" had been judged ob
scene simply on the basis of
one isolated sequence and ar
gued Instead that the film was
actually evaluated in its en
tirety.
London asserted that in de
termining the question of ob
scenity, courts must apply "the
national standards of decency,
CONTINUED ON PAGE 8
IMMORAL?
Vatican Notes
Condemnation
Over Boxing
AN AMERICAN Holy Ghost missionary, home from his post In the Moshi diocese of Africa,
learned that he has been appointed bishop of the newly-erected Diocese of Arusha, Tanganyika.
Shown above at one of his miae-km stations with two parishioners is Bishop-designate Dennis
Vincent Durning, C.S.Sp., now on leave at his home in Philadelphia. The 40-year-old bishop-
designate was ordained in 1949 after studies at the Holy Ghost major seminary in Norwalk, Conn.
HANS KUENG
Freedom In The Church
Must Always Be Rewon
BOSTON (NC)—Freedom in
the Church "has always to be
won over and over again," Fa
ther Hans Kueng said here.
Father Kueng, speaking on
"The Church and Freedom"
to an audience that included a
Catholic cardinal and a Greek
Orthodox metropolitan declar
ed that the "realization" of
freedom, although a difficult
task, is "of decisive impor
tance" for the Church.
DEAN of the theological fa
culty at the University of Tue
bingen, Germany, and author
of the widely publicized book
“The Council, Reform and Re
union," the Swiss-bom theolo
gian lectured (March 21) at Bos
ton College.
"How is the Church with her
message of freedom to be re
garded as credible by men if
she does not show herself as
a place of freedom?" he ask
ed. "How Is she to show her
self as a place of freedom un
less freedom shines out every
where through her institutions
and constitutions, her minis
tries and ordinances?"
Father Kueng cited two ele
ments in the Church, her "ex
ternal un-nature" and her "in
ner nature." The first, he said,
"may in ways resemble com
munism in its enslavement of
men," but the second is "ra
dically the opposite pole from
that pseudo-church with its
pseudo-faith."
"IN HER inner nature she is,
despite all external signs to be
contrary, the place of free
dom," he said.
Among those attending the
lecture were Richard Cardinal
Cushing, Archbishop of Boston,
who introduced Father Kueng,
and Metropolitan Athenagoras,
religious leader of the Greek
Orthodox throughout Canada,
who was present at Cardinal
Cushing's invitation.
Every manifestation in the
Church of lack of freedom,
however harmless, however un
der cover, whatever religious
trimmings it may have, contri
butes toward making the Church
less credible in the eyes of
the world and of men in gen
erals, Father Kueng said. "And
that", he added, "is a miser
able disaster."
"It is of decisive importance
that the Church’s free nature
should not be impenetrably co
vered and displaced in men’s
eyes by her unfree un-nature,"
he said. "No talking, no preach
ing, no theologizing about free
dom in the Church can have ef
fect without there being free
life in the Church."
HE DEFINED this freedom
as a "freedom in order".
"Just as there can be no
true order in the Church with
out true freedom, so there can
be no true freedom in the Church
without order," he said. "Any
one who through dictatorship
and terror destroys freedom in
the Church, also destroys true
order and authority in the
Church. And anyone who,
through rebellion and revolt,
destroys order and authority in
the Church, also destroys true
freedom in the Church. Both
freedom in order and order in
freedom make up the Church of
Christ."
The first session of the Sec
ond Vatican Council has "be
come a manifestation of free
dom in the Church observed by
the whole world," Father Kueng
said.
"IS IT an illusion," he asked,
"to hope that with this council
a new period has begun in the
VOCATION
PRAYER
history of the Catholic Church:
the period of a new and fruit
ful freedom in the Church?"
He suggested that the Catho
lic Church of the United States
"will take an important, a lead
ing position in this new period
of the Catholic Church."
He said that before leaving
Germany for this, his first
visit to the United States, "I
studied the history of the U.S.
A. more closely than I had be
fore. What adventurous cour
age, what inexhaustible force
and what magnificent generosi
ty come out in this story of
a dynamism never seen in the
world before, a dynamism which
was essentially formed by the
idea of freedom 1 The Catholic
Church in the U.S.A. has her
share in that story. She has done
mighty pioneer work in the most
various fields."
"WHAT MIGHT it mean for
the people of the U.S. on the
one hand and for the universal
Catholic Church on the other,
if this Church of the United
States would now prove herself
as having the same courage, the
same energy, the same magni
ficence in the new period of
the Catholic Church, in this
period of new, ecumenically-
minded freedom, which goes out
not to conquer others but to
meet with them?” he asked.
"And she will so prove her
self, I, having met so many
open-minded American bishops
and theologians at the council,
have no doubt at all. Already,
in the few weeks after the be
ginning of the council, there
were so many signs piling up, in
the U.S.A. in particular, of a
new life in the Church.
VATICAN CITY (NC) -- A
comment of Pope John XXIII
about "sports that go counter
to natural principles" is perti
nent to the case of a U. S.
prize fighter who died this week.
Vatican Radio has stated.
The Pope made the comment,
and also referred to "barbari
ties inflicted by brother upon
brother," in an impromptu
speech Sunday at Our Lady
Queen of Peace church in the
suburban town of Ostia Lido.
Vatican Radio said Monday
that the Pope's words "may be
clearly understood as linked
with the tragic fate of Davey
Moore, who died this morn
ing" (March 25).
MOORE, former world fea
therweight champion, suffered
a brain injury when he was
knocked out by Sugar Ramos
in a title fight in Los Angeles
last Thursday.
(Neurosurgeons have stated
that Moore apparently suffered
the injury when the back of his
head struck one of the ring
ropes while he was on his way
down from a punch landed by
his opponent. The surgeons
stated, however, that an ac
cumulation of blows Moore re
ceived earlier in the fight may
have made him more suscep
tible to the brain injury).
Vatican Radio said the Pope’s
words of condemnation are "all
the graver in view of his well-
known optimism."
"ALL SPORTS have their
risks and this is not the rea
son for condemning them,” Va
tican Radio continued. "The
physical and moral standards
promoted by sports reward and
justify the inevitable risks, in
cluding those of boxing.
"As regards the pitiless de
mands of the people who regu-
NEW ORLEANS (NC) ~ A
minimum salary scale will go
into effect next September for
all teachers in Catholic ele
mentary schools in the New
Orleans archdiocese.
Archbishop John P. Cody,
Apostolic Administrator of the
archdiocese, announced also
that the school system will be
further strengthened by a pen
sion plan now under study which
is scheduled for adoption by
September, 1963, or early 1964.
THE PENSION plan would
apply to all lay employees of
the archdiocese, he said.
Msgr. Henry C. Bezou, arch
diocesan superintendent of
schools, said the new minimum
salary scale must be met by all
elementary schools in the arch
diocese.
Louisiana certified teachers
will receive a minimum salary
of $3,000 annually. Certified
teachers with a master’s degree
will receive a minimum of
$3,200, plus an annual incre
ment of $100 a year for 10
years.
THE SALARY scale does not
late the contracts of fighters,
and also as regards the passions
aroused by professional fights
and public fanaticism, the judg
ments of moralists are severe.
Yet there is no real and pro
per condemnation from the
Church.
"Explicit declarations of the
Church, however, are not need
ed before coming to moral judg
ments. There are the principles
of the natural law. It is enough
to apply them with intelligent
reflection and rectitude of con
science to arrive at the conclus
ion that professional boxing,
such as it is at the present
CONTINUED ON PAGE 8
Vocations
Day Rally
Sunday
The annual Vocations Day
Rally, co-sponsored bytheSer-
ra Club and the Archdiocese
Council of Catholic Youth, will
be held at the Cathedral of
Christ the King, Sunday, March
31, at 2:00 in the afternoon.
Activities of the rally in
clude presentation of awards to
the winners of the Poster and
Essay Contests; viewing of dis
plays and vocational movies by
religious orders; a forum on
"Parental Responsibility in
Fostering Vocations” and at
4:30, a dialogue mass celebrat
ed by Archbishop Paul J. Hal-
linan.
The youth and parents are in
vited to attend. Special recogni
tion will be accorded to the
school and CYO group with the
largest percentage of their
membership in attendance.
apply to high schools, Msgr.
Bezou said, because in most
cases the high schools of the
archdiocese pay salaries
"equal to or in excess of sal
aries met by public school
boards."
A teacher with a temporary
Louisiana certificate and a
bachelor’s degree will receive
a minimum annual salary of
$2,800. Teachers with tempo
rary certificates and 60 hours
of college credit must receive
at least $2,500, and those with
temporary certificates and less
than 60 hours must receive at
least $2,200.
A 1962-63 study of Catholic
elementary education in the Ar
chdiocese of New Orleans re
vealed that 674 teachers were
receiving less than $2,500 an
nually. Eight - seven teachers
were receiving between $2,500
and $2,999; 32 between $3,000
and $3,499; 18 between $3,500
and $3,999; and 10 from $4,000
to $4,499.
The study for the archdio
cese showed that one teacher
was being paid between $4,500
and $4,999 and one was re
ceiving more than $5,000.
O God, Who wills not the
death of a sinner * but rather
that he be converted and live
* grant we beseech Thee *
through the intercession of the
Blessed Mary, ever Virgin *
and all the saints * an increase
of laborers for Thy Church *
fellow laborers with Christ *to
spend and consume themselves
for souls * through the same
Jesus Christ Thy Son * Who
liveth and reigneth with Thee *
in the unity of the Holy Spirit
* world without end.
Amen.
"What vast possibilities are
opened up by freedom in the
Church," Father Kueng con
cluded. "What possibilities, in
particular, in the ecumenical
movement. For we may be sure
of this: the more the Catholic
Church makes freedom a rea
lity within her, freedom of
thought, of speech, of writing
and of action, the more this
freedom in order of hers will
represent an advance towards
the Christians separated from
her, who are seeking for order
in freedom."
PAROCHIAL SCHOOLS
New Orleans Ups
Teachers Salaries