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GEORGIA BULLETIN THURSDAY, MARCH 27, 1963 PAGE 3
83-YEAR-OLD
Cuban Cardinal
Dies In Havana
HAVANA (NC) — A Solemn
Requiem Mass was offered in
the Havana cathedral for Manuel
Cardinal Arteaga y Betancourt,
staunch advocate of inter-Ame
rican solidarity who died in San
Rafael Hospital here last week.
The 83-year-old Archbishop
of Havana had been in failing
health for more than a year. He
suffered from arteriolosclero-
sis, and contracted pneumonia
about two weeks before his
death.
BISHOP Coleman F. Carroll
of Miami was among prelates
St. Jude Altar
Society Meeting
attending the Requiem Mass.
The Cardinal was buried
(March 21) in the family mau
soleum in Colon cemetery.
At the time of the Bay of Pigs
invasion of Cuba in April, 1961,
the Cardinal took reftige at the
Argentine embassy in Havanna.
He remained there until Argen
tina severed diplomatic rela
tions with Cuba early in 1952,
then was transferred to the
hospital.
Cardinal Arteaga is the third
cardinal to die in 1963. His death
reduces the College of Cardi
nals to 82 members. John Car
dinal D’Alton, Primate of All
Ireland, died on February 1 at
age 80, and William Cardinal
Godfrey, Archbishop of West
minster, died on January 22 at
age 73.
Mr. Joel Reeves, Dean of
the Atlanta School of Art proved
to be an interesting and infor
mative guest to the members of
St. Jude’s Altar Society at their
regular monthly meeting held
March 11th.
CARDINAL Arteaga, who vi
sited the U. S. several times,
defense” of the Americas. Be
fore the Castro takeover of Cu
ba, the Cardinal had advocated
reforms that would provide for
religion courses in the coun
try’s public schools.
Mr. Reeves, assisted by Mrs.
Martha Logan of St. Jude's pa
rish participated in a very inte
resting informal discussion
which had as its theme "The
future of Liturgical Art and
Present Day Church Symbo
lisms”.
The meeting was followed by
a social hour. Hostess for the
evening were Mrs. Arthur M.
Clark, Mrs. Virginia Roberson
and Mrs. Virginia Thrner.
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There was no funeral proces
sion. The Cardinal’s body was
transferred privately from the
cathedral to the cemetery.
Four of Cuba’s seven mem
bers of the hierarchy were at
the Requiem Mass, which was
offered by Msgr. Cesar Zac-
chi, charge d’affaires of the
papal nunciature in Havana. The
Cuban prelates at the Mass
were: Archbishop Evelio Diazy
Cia of Havana, Archbishop En
rique Perez Serantes of San
tiago, Bishop Jose Dominguez
y Rodriguez of Matanzas and
Bishop Manuel Rodriguez Ro
zas of Pinar del Rio.
The prelates, including Bis
hop Carroll, imparted absolu
tion in the cathedral. Absolu
tion was imparted in the after
noon by Bishop Alfredo Mueller
y San Martin of Cienfuegos.
The only two Cuban prelates not
in Havana for the funeral ser
vices were exiled Auxiliary
Bishop Eduardo Boza Masvidal
of Havana and Bishop Carlos
Riu Angles of Camaguey, who
is in Spain.
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UKRAINIAN Rite Archbishop Josyf Slipyi of Lviv, (right) recently released after 18
years imprisonment in the Soviet Union, assists in St. Peter's Basilica at the beatification of
Blessed Luigi Palazzolo (March 19). Shown with the Ukrainian Rite prelate are Ignatius Cardi
nal Tappouni, Syrian Rite Patriarch of Antioch (left), and Gustavo Cardinal Testa, Secretary of
the Sacred Congregation for the Oriental Church. Archbishop Slipyi will ordain a priest at the
Ukrainian Seminary in Rome on April 21, the first time he has conferred Holy Orders in 20
years.
1N CHURCH LAW
Canonist Asserts Changes
FROM CATHOLIC WOMEN
U.N. Civil Rights Group
Hears Sudan Persecution
GENEVA*—The policy of the
government of the Sudan in
volves racial discrimination
against the Negro minority as
well as persecution of Christ
ians, the United Nations Human
Rights Commission has been
told.
The assertion was made in
a memorandum drafted by the
World Union of Catholic Wo
men’s Organizations and sub
mitted to the commission dur
ing its 19th session here. The
union's official observer at the
session also presented copies
of the memorandum to all de
legates and other observers
in behalf of her organization,
which claims to represent
Catholic organizations with a
total membership of some 36
million.
THE STATEMENT came
Needed
To Eliminate 'Trial Marriages
Following is one of a series
of articles by experts on ques
tions up for consideration when
the Second Vatican Council re
convenes next September 8. The
writer received his bachelor's
degree from the Catholic Uni
versity of America at the end
of World War II and went on to
Rome, where he earned his doc
torate in canon law at the Gre
gorian University. A professor
at West Baden University in
Indiana, he has served as an
officer of the Canon Law So
ciety of America and is coedi
tor of the Canon Law Digest.
By Rev. James L O’Connor,
S. J.
(N.C.W.C. NEWS SERVICE)
Canon lawyers are wonder
ing out loud whether the ecu
menical council ought not
change the Church law which
holds that if a Catholic is not
married in the presence of a
priest he is not married at all.
That requirement has been in
effect throughout the Latin Rite
Church since 1908. Church law
now states that in ordinary cir
cumstances, an authorized
priest and two witnesses must
be present at a marriage cere
mony involving at least one Ca
tholic, or else that marriage
is invalid-null and void.
THERE IS nothing in divine
law requiring the presence of
a priest at a marriage cere
mony. As a result, the Church
can change this legal formality
if she believes a change would
promote the spiritual welfare
of individuals.
The present legal require
ment has led to several unde
sirable results, Catholics know
that if they enter into marriage
before a non-Catholic minister,
a justice of the peace, or other
qualified civil official, their
marriage is null and void be
fore the Church.
Some Catholics misusing
their knowledge, have married
outside the Church once, or in
some instances, many times. If
the marriage turns out well,
they will eventually have it rec
tified by a priest. If the marri
age proves too difficult or un
pleasant, they can get a divorce
and try again until a compati
ble partner is found. At such
time, a declaration of nullity
can be obtained for the pre
vious invalid marriage and the
new marriage rendered valid.
Both chancery officials and
canonists have very appropri
ately called this maneuver:
"trial marriage among Catho
lics.”
THIS circumvention of the
law has led to criticism and
became a kind of scandal to
some. It includes well-inten
tioned Catholics who have obey
ed the marriage laws of the
Church, contracted a valid mar
riage, and, occasionally, found
married life very difficult or
even practically Impossible.
Yet, because they observed the
law, they could not break up the
unhappy union and start mar
ried life anew with another
partner.
Still another undesirable ef
fect of the present law is some
times met when a Catholic, hav
ing married a non-Catholic out
side the Church, wishes to get
the marriage "fixed up” by
the priest. The non-Catholic
partner often objects, some
times strenuously, to having the
marriage looked upon as null
and void and, therefore, that
their life heretofore has real
ly been only a life of concubin
age and, further, that any chil
dren already born are illegiti
mate.
From these various consi
derations, the idea has arisen
of changing the present law con
cerning the ritual celebration
of marriage back to what it was
before 1563 when the Council
of Trent enacted the basis for
our present law.
PRIOR to 1563, every mar
riage, even when it involved
Catholics, was valid if the for
malities of the civil law con
cerning a qualified official and
witnesses were observed.
If both parties planning mar
riage are by divine and Church
law free to marry, a return to
the pre-Trent law would make
every marriage valid, provid
ed that the requirements of the
civil law concerning the autho
rized official and witnesses
were fulfilled. The Church law
requisite of the presence of an
authorized priest would be pre
scribed only for the licitness
of the marriage, not its vali
dity.
This change of the Church’s
law would immediately destroy
the subterfuge used by some
Catholics for trial marriages. If
they observed the civil law con
cerning the authorized official
and witnesses, their marriage
would be just as valid as one
contracted before a priest-
even though illicit. As a re
sult, the marriage bond would
be exactly as strong and indis
soluble as a marriage before
a priest.
MOREOVER, the new, law
would also relieve the con
science and answer the objec
tion of non-Catholics marry
ing Catholics outside the
Church, while it would be va
lid and thus indissoluble, it
would be gravely illicit and the
Catholic would commit a mor
tal sin.
Canon lawyers see two argu
ments against such a change in
the law. The first questions
whether the civil law requires
the explicit act of consent to
marriage demanded by the
Church, TTie legal ritual of
the civil law ceremony in the
Occident generally seems to
meet this Church requirement.
Common law marriage, since
it lacks the legal ritual, would
not be incuded under the chang
ed law.
The second objection is more
serious, as the canonists see it.
It concerns the lack of promise
by both parties to baptize and
educate all children to be bom
of the union in the Catholic re
ligion only, and the further
promise by the non -Catholic
not to hinder the Catholic in
the free and faithful practice
of the Catholic religion.
SEVERAL remedies for this
problem are proposed. One is
that an equivalent form of the
promises be accepted as has
already been done in some mis
sionary areas, such as that the
Catholic promise to do all in
his or her power to effect the
Catholib Baptism and education
of children to be bom of the
marriage. Another answer to
the problem is to tolerate such
a situation without giving any
approval to it.
The new law would have two
effects:
1) reducing very greatly the
number of invalid marriages
and the sins resulting there
from, as well as opening the
sacraments to very many oth
erwise denied them.
2) providing the occasion
whereby some children might
fall to be baptized and educated
as Catholics.
The first effect is not ack-
ieved through the second; they
are totally independent effects.
The first would far outstrip the
second . The first would be
the direct Intent of the new
law; the second would not be In
tended although It would occur
because It cannot be prevented.
This answer Is an application
of the moral principle of dou
ble effect: Two effects simul
taneously result from the same
cause. The bad effect Is not
the means for achieving the
good effect. There is a pro-
portianately serious reason for
allowing the second effect to
occur.
A SOURCE of many head
aches is that of determining
whether a marriage Is valid or
not because of one or more
conditions attached to the con
sent at the time of the marri
age. The present law has seve
ral provisions about condition
ed consent. When the Church
law for Oriental-Rite Catho
lics was promulgated in 1949,
it cut this Gordian knot of con
ditioned consent by prohibiting
marriage if the consent was
conditioned in any way. The
council Fathers may adopt this
Oriental Church law for the La
tin Rite Church as well.
In the recent past, we have
heard more and more of marri
ages of a certain kind being dis
solved by the Holy See—these
marriages always involving at
least one partner who has never
been baptized in any religion.
There must also be at stake
some special advantage for the
good of Catholicism if the mar
riage is dissolved. Hence it is
that this form of dissolution of
marriage is called a privilege-
of-the-Faith case.
THE ORIGINAL announce
ment of such a case was made
by St. Paul in his first Epis
tle to the Corinthians. The ba
sic reason why such marriages
can be dissolved is that they
are notsacramentalmarriages,
even though they are valid.
One aspect of these privilege-
of-the-Faith cases which has
been receiving considerable at
tention is that in which a bap
tized non-Catholic has validly
married a non-baptized person.
According to the existing law
and practice of the Catholic
Church, if either party wishes
to become a Catholic or if
some other special benefit to
Catholicism would derive from
the dissolution, such a mar
riage can be, and at times is,
dissolved.
Some cannonists are of the
opinion that this procedure
ought to be changed. They wish
a return to the law of Trent
which legislated that a valid
marriage could not, without a
dispensation, be contracted by
a non-baptized person and any
baptized person, whether the
baptized person was Catholic
or non-Catholic.
TWO beneficial effects could
come from such a cnange. First,
it would do away with privilege-
of-the-Faith cases from this
source because, ordinarily, all
such marriages would be inva
lid. Hence no dissolution would
be required; just a declaration
of nullity. Secondly, a deeper
respect for the nature of Bap
tism would follow, especially
on the side of Catholics.
One counter-argument is that
very many marriages between
non-Catholic and a non-baptiz
ed person would be invalid, and
thus no real good for souls would
follow from the restoration of
the ancient scope of this im
pediment.
It can be also argued that
allowing prlvilege-of-the-Falth
cases will help generate appre
ciation of the Catholic religion
since conversion to it can, in
the circumstances, provide the
opportunity for a dissolution of
the former marriage if there
are really solid reasons for
dissolving it.
ALL CASES cl nullity and
dissolution of marriage are
subject to certain judicial pro
cedures. Occasionally, nullity
cases will have to go to the
high court in Rome known as
the Sacred Roman Rota. Since
cases go to the Rota from all
over the world, backlog of cas
es can often build up. This is
part of the reason why nullity
cases take so long to be pro
cessed, heard and adjudicated.
Very great relief of this sit
uation, often intolerable and of
ten dangerous to souls, could
result if a rota were set up in
each of the larger countries
and in regional areas for smal
ler countries.
after the Muslim-controlled Su
danese government in Khartoum
has ousted at least 143 Christ
ian missionaries from the non-
Muslim southern part of the
country in five months.
Thirty thousand persons are
Fort Oglethorpe
Altar Society
The St. Gerard Altar Society
Fort Oglethorpe met for their
monthly meeting at the School
Cafeteria. Mrs. Grant Wall,
president, presided. The Rev.
Lawrence Murphy, pastor, dis
cussed the activities of the
National Counicl of Catholic
Women and offered the opening
and closing prayers.
The membership approved a
number of suggestions concern
ed with material improvements
for Holy Week and Easter. Miss
Harriet Orwig will have charge
of the altars and linens for
April. Mrs. C. E. Hunt made a
report concerning flowers for
the coming holy days. Another
item on the agenda was the
discussion and approval of an
ad in the school Annual. The
next meeting will be one week
later than usual, April 25. Mrs.
Allen Bishop reported on the
sewing at Memorial Hospital,
stating that she and Mesdames
Hunt and Thomas Burbank would
sew this month. Mrs. Bishop
received the attendance gift with
Mrs. Robert Bearden hostess
and Mrs. Burbank a new mem
ber present.
now in prison in the southern
part of the Sudan—five times
more than before the Sudan
became independent in 1956,
the statement said.
It said that while the Sudan
ese constitution proclaims
"complete freedom’’, the gov
ernment has explicitly demon
strated "that it aims at eli
minating all the differences pe
culiar to the southern part of
the country, and to impost the
northern ways of life and thought
by moral, political and even
physical coercive measures,”
"AS AN inevitable conseq
uence of this policy,” said the
World Union of Catholic Wo
men’s Organization, "tens of
thousands of Sudanese refugees
have fled to Uganda, the Con
go, Chad, the Chad, the Central
african Republic, Ethiopia,
Kenya and Tanganyika.”
Noting that the Human Rights
Commission was scheduled to
discuss the problem of religious
intolerance, the union called
attention to the fact that while
the majority of the peoples of
the southern Sudan are pagans,
there are well over 500,000
Christians in the region, more
than half of them Catholics.
The memorandum cited the
longrange steps leading up to the
present open persecution,
beginning with the nationalizat
ion of the 385 Catholic and Pro
testant mission school. The
schools in the south are now in
effect Muslim schools, it noted,
and even Christian children thus
have to learn the Koran, the
Muslim holy book.
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