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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