The San Francisco Call. Newspaper, February 9, 1896, Page 8

8 THE SAN FRANCISCO CALL, SUNDAY, FEBRUARY 9, 1896. e e e FATHER YORKE 10 OR, WENDTE, The Chancellor’s Continued Answer to the Unitarian ON CHURCH AND STATE. Catholic Doctrine on this Great| Question Extensively Defined. SAYS DR. WENDTE IS IN ERROR. Father Yorke Contrasts the Views of the Church With the American System of Law. Rev. Father Yorke contributes another letter in answer to Dr. Wendte. It isas follows: To the Editor of the Call—DEAR SIR: second subject which the Rev. Dr. W undertook to discuss was “The Doctrine of Civil Government He! Theory of Church and State.” The six letters which he wrote on this point form a mass of miscellaneous information unparalleled I be- | lieve in the annais of coniroversy. The dis- orderly and unscientific manner in which Dr. Wendte presented his arguments renders a logical classification of them & matter of much difficulty. This difficulty is much increased by the tendency to digression to which he gave himself up, especislly in his iater letters. I must, therefore, in the first place rescue the relevant matter from the rubbish in which it is hidden, and then, sweeping all this rubbish together, form it into a second part treating of almost every subjcct under the sun, from free- dom of conscience to the architect of Dr. Wendte’s pantaloons. The first part of this letter, therefore, will be occupied with & revision of Dr. Wendte's argu- ments on the relations subsisting between I. CHURCH AND STATE. Dr. Wendte opened the discussion by pro- ounding what he considered the Catholic Eoeuine on the relations between church and state. Thatdoctrine was entirely erroneous, and in answer, 1 explaiued the teachings of Catholic philosophers at length. Hence the first part of the review falls naturaliy under two heads, A. The false teaching attributed by Dr. Wendte (0 the church. B. The true teaching as set forth by Catholic | authorities. A. WHAT CATHOLICS DO NOT BELIEVE. Dr. Wendte explained the Roman Catholic doctrine as ‘“‘the supremacy of the church and the subordination of the state to it.”” e said practically that Catholics believed in a ““theoc- " “The classical example for it is the system of the Papacy and the canon laws of the Roman Catholic Chureh. Since the time of Gregory VII the Catholic church has taught that thefe can be mo sovereign authority nor any ndependence for the in- dividual beyond the limits fixed by the ecclesiastical power.” To back up this misstatement of our doctrine Dr. Wendte gave what he alieged to be: 1. The philosophical argument. 2. The Roman canon lew. 3. Declarations of recent Popes. by the Catholic Chureh, | as Contrasted With Our American and Secular | H i i political | | several European princes. 4. Declarations of eminent modern Catholfes. | 5. Actions and principles of Catholics in Ameri 6. Actions and prineiples of Catholics abroad. It was evident irom the very-beginning that Dr. Wendte was not familiar with Catholic au- | thorities. Indeed, he confesses as much him- seli and makes the confession in such a way as to put him outside the pale of serious con- troversy. He is utterly incompetent to state what Catholic teaching is, because he has never read that Catholic teaching authorita- tively set forth. He does not seem to realize that quotations taken at fourtn and fifth hand are never reliable and that a scholar would sooner cut off his right hand than use them. The fact that Dr. Wendte has used them and tries to defend his method shows that he has been trained rather to sustain his master's opinion than to seek truth scientifically and for himself. Let us now examine the six proofs which he roduced to show that his statement of Catholic lief was accurate. 1. THE PHILOSOPHICAL ARGUMENT. Dr. Wendte contends that ““the Pope is the sovereign of the world and that all must sub- mit to his dictation.” He gives the following sentiment from Bishop Gilmour as the Catholic argument for the Catholic claim: “The state is for the body, the church is for the sonl. But the soul is superior to the body, hence the church is above the state.” 1 rephied that this argument proved nothing. It is & statement common enough in Catholic and Protestant writers, but is no more alleged 0 prove the sovereignty of the Pope than 1t is 10 ‘prove the sovereignty of the man in the moon. The fact that the church is superior to the state in the sense that the soul is superior | | | to the body does not show that the church | possesses or claims supreme ower. _ Superior temporal may mean higher D jurisdicion or greater in excel lence. If I say & peasant is superior to many & king 1do not mean that the peasant has jurisdiction over the king, I mean simply that he is of greater worth. When 1 say that the church is superior to the slate because the church deals with the soul, which is worth more than the body, with which the state deals, no sensible man will imagine that I con- sider the church to have jurisdiction over the state. 1believe that my profession is superior to that of a lawyer. Ibase my belief on the fact that clergymen aim at the welfare of the soul —lawyers at the welfare of the body politic. The soul’s interests are superior to temporal interests, and, therefore, the calling of the rflal is superior to the calling of the jurist. s there any one outside of an _insane asylum who will ascribe to me the opinion that the &udgel on the bench are bound to do my bid- ing? When Bishop Gilmour says the church is superior to the state, because the soul is supe- rior to the body, neither he nor any other bllhoa) ever imagined that this superiority would be proauced as a claim to temporal sovereignty. To this reply to his Philosophical argument Dr. Wendte vouchsafed no answer except the pitying comment that 1 make a very ‘‘poor 2. ROMAN CANON LAW. After this very remarkable piece of ratiocin- ation Dr. Wendte undertook to gquote canon law. The doctor does not appear to have the faintest idea of the mcnrdnf of the term, be- cause in the long series of citations which he lebels with the term there is not & solitary sentence which pertains to canon law.. He is atmuch at sea on the signification of canon law as he was on the signification of physiol- showing. ogy. All these alleged quotations were taken from & book entitied ‘“The Srh-n of the Papacy,” written by John 8. Hittell, one of the many hand-me-down scholars that plague this cosst. Hence I was compelled to deal with Hittell and thus grew up the INTERLUDE OF THE HOARY HUMBUG. Among many charges against the authen- ticity ot Hittell's quotations, which charges will come up later, there was one of downright forgery. In one of his books Doeilinger de- scribed the doctrine held by a certain Tolomeo of Lucea. Doellinger did not quote Tolomeo, but gave in his (Doellinger’s) own words what he conceived Tolomeo's teaching to be. Hit~ tell deliberately took Doellinger's words, adorned them with inverted commas and put them in the mouth of Thomas Aquinas. Of course I called Hittell a forger. Dr. Wendte retorted by sayving that I hated Hittell because he was an infidel, and he added that the said Hittell was “a man of high moral El’%‘;{;’d of wide learning and of scholarly abits. In my next letter Ireiterated my charge that Hittell was guilty of forgery. o To this Hittell ‘answered in propria persona and asserted that his quotation was correct: “My forgery consisis in quoting word for :"ul' from Doellinger in the English transla- jon.” Whereupon T put Hittell’s quotation and Doellinger iy the Englsh translation in pa- rallel columns. The juxtaposition justified méchlr'e. ittell answered that he understood “Doel- linger to hold Aquinas responsible for the ideas written by his (Aquinas’) partner in a ‘book which the two composed conjointly.” From the very same page of Doellinger in the English translation I showed that Aquinas had been dead a quarter of a century before his “partner” wrote the book in question, t Hittell. Dr. Wendte merely lamented that my man- ners were very rude. In the meantime, while this interesting and | | quoted from Hittell, who had instructive episode was running its course, I took up the alleged quotations from the canon law and examined them separately, with the following result: (@) THE CODE OF GRATIAN. Dr. Wendte quoted the code of Gratian as partof the canon law and as something to which every one owes obedience as dec'aring that the Pope alone gives power and efficacy 1o every law. 1 repiied that the code of Gratian was merely | & textbook, and I denied that Gratian said that the Pope gave eflicacy to civil law. - Dr. R’egdte responyded that I had an “arro- gant and unlovely temper.” (b) THOMAS AQUINAS. The history of the fate of Thomas Aquinas is told in the diverting interlude of the Hoary Humbug. : Dr. Wendte, however, was determined not to jet the saint escape. 1f he could not be hanged for “pitch and toss” Dr. Wendte resolved to hang him for manslaughter. Therefore he de- clared, “Perhaps A he did say thatall death.” . A consideration of this logical and besutiful eretics ought to be put to | answer 1 defer to the second part. The burn- ing of heretics has nothing to do with the the- ory of the relations of superloritr of church ana state. 1 will, therefore, examine it when I come to sort the contents of the rubbish heap. g (¢) BELLARMINE. Nextin Dr. Wendte's procession came Bellar- mine. He was made to say that the Pope had supreme temporal power. I found on examination that Wendte had quoted from Hittell, who had quoted from Ranke, who had quoted from Beliarmine. I found, too, that Ranke distinctly said. “Bellar- mine does not go so far as to ascribe to the Pope as of aivine right a direct secular posvier.” r. Wendte rejoined by caliing on Hirtell to answer for the citation. Hittell answered not. - Dr. Wendte added, Bellarmine was a dishon- est character and that he said, ‘‘Heretics when strong are to be commended to God, when weak they are to be committed to the execu- tioner.” I defied Dr. Wendie to tell me when and where Bellarmine gave utterance to that mon- strous sentiment. = - Dr. Wendte promised to gratify me soon, but finally ncknowledged he had not marked the | reference in the notes he took at Harvard years ago. However, he said if Bellarmine did not say that, he held that heretical kings could be kiiled at sight. - I advised him to burn his Harvard notes. He retorted, “I am_tired of belng belabored with accusations of fraud and dishonesty and epithets neither just nor polite by my augry opponent.” The question of killing heretic kings is re- served for the rubbish heap. (d) POPE INNOCENT IIL. Dr. Wendte quoted Innocent III as claiming the government of the whole world. 1verified the quotation ard found that In- nocent wes speaking of the spiritual primacy of the Pope. Dr. Wendte answered never a word. (€) NICHOLAS I. Dr. Wendte cited Pope Nicholas I as pro- ounding & most extreme form of the “Divine ?{igntoi Kings,” a doctrine not known until nfter the Reformation. Dr. Wendte had voted trom Cormenin, a French Protestant minister, who gave no reference. By supplying the words {from Cormenin that Hittell had dishonestly suppressed I demon- strated that the extract was an obvious fraud. I examined all the letters of NichplasI extant and found nothing even resembling Corme- nin's guotation. Dr. Wendte called on Hittell to take care of the quotation. Hittell didn’t. Dr. Wendte whooped in rebuttal: “In vain | do you attempt to discredit Protestant scholar- ship.” (f) GREGORY VIL : Dr. Wendte accused Gregory VII of writing te & Roman synod that he could give and take away the dignities and possessions of men. 1 found that the doctor quoted Hittell, who quoted Janus, who quoted Mansi, who quoted Gregory VIL I snowed that Janus did not say that Greg- ory wrote these words to 8 Roman synod, and I showed moreover that the words given by Janus were by Gregory said of the saints in heaven. Dr. Wendte answered that I was trying to drive all decent men out of the controversy by my savage at-acks, ) GREGORY VII AGAIN. Dr. Wendte quoted Hittell to demonstrate that Gregory claimed feudal dominion over I replied that feudalism wes a purely political institution of the middle age; that kings en- tered on the feudal relation toward the Holy See voluntarily and for the sake of substantial sdvantages; that the relation had nothing to do with the Pope’s spiritual character, and that it ceased to exist with the abolition of feudalism. Dr. Wendte answered that m: “characteristic of an attorney who has & weak case to defend.” (h) ADRIAN 1V. Dr. Wendte produced the bull of Adrian IV giving Ireland to Henry II. If tnat bull was genuine, and I believe its spuriousness has heen&)roved beyond reason- able doubt, still it had nothing to do with Dr. Wendte’s argument. I explained thet by the political constizution of Europe in the Middle Ages the Pope wes recognized as & supreme courton temporals by the public jurisprudence and I quoted the words of Pius IX to show that this function, based on “the common consent of pations,” had passed away. The acts done in_accordance with that power prove nothing | concerning the relations of the Popes to the Governments of to-day. Dr. Wendte retired” behind nis theological cook and declared she was more likely to know where truth lay than the sophisticated minds of priests. (@ PavL 1v.° Dr. Wendte quoted Paul [V as claiming su- preme power over thrones and nations. As usual Dr. Wendte quoted Hittell, who gave no reference. 2 I looked up the Bullarium and stated that the words in inverted comas were invented by John 8. Hittell. Hittell "evidently had enough of Thomas Aquinas and though Dr. Wendte called on him to verify his quotation Hittell remained as dumb as an oyster. Dr. Wendte remarked that I was “unfitted for the calm judicial treatment of a disputed question.” (j) GREGORY 1X. Dr. Wendte produced a letter from Gregory IX to Frederick II, in which the Poge claimed that even kings should submit to the guidance of priests. As there was nothing in the quotation to show thatanything was meant except spiritual guidance, I contented myself with the general answer given in thedescription of the relations between the Pope and tne Emperor laid down by the civil law oi Europe in the Middle Ages. Dr. Wendte says I make up in verbosity what I lack in argument. (k) BONTFACE VIIT. Evidently Dr. Wendte considered the Bull Unam Sangtam as one of his strongest points. I thought that in explaining the Catholic theory of the relations between church and State and the relations between the Pope and the Emperor, as laid down by medieval juris. prudence, I had explained the true meaning of that document. But Dr. Wendte was not sat- isfied. He came into the arens a second time, brandishing the Bull and dealing death and destruction to my arguments. Though smarting under the accusation of verbosity I was compelled, therefore, to enter on & lengthy explanation of this bull and to show that Dr. Wendte’s description of its con- tents was both misleading and untrue. :R :xlminnlxon of the text I made evident a 1. The “definition,” or that xln which is “of faith” and must be accepted by all Catho- lics, deals with the universal spiritual primacy of the Pope over the church. 2. In the argumentation in the body of the document, which argumentation, of course, is not of faith, Boniface showed the distinction of the spiritual and temporal powers, 3. He deciared that the spiritual power was wieldea by the church, the temporal by B ociated ihat . He declared that the temporal power should be guided by the morllploiw, ng?unl and revealed. 5. He declared that the civil authority should protect the rights of the church. 1stated that these principles were all acted on in America to-day, and that they were doubly appiicable in & condition of society like that of the middle ages, when all Europe was Catholic and there was no separation of Church and State. > Dr. Wendte said no more about the Bull Unam Sanctam, but he modestly declared: *‘T donot intend to claim any personal victory.” It will be seen from this review tha Dr. Wendte made a dismal failure of the attempt to prove the claim of ecclesiastical supremacy over civil affairs from what he denominated canon law. In order, however, to make some show at defending the “‘accuracy of Protestant scholarship” about which he boasted so loud- ly and so long he.had recourse to what Ican only call “POISONING THE WELLS.” ‘When deaiing with his so-called quotations from Catholic authorities 1 had :rccourse to the only means allowed among scholars to test the'value of these guotations. T hunted up the references, obtained the original authorities, and carefully compared the citation with the text. Hence it was that I was able to speak confidently and with authority on the genu- ineness or relevancy of these sentiments. Dr. Wendte tricd to break the force of this dnmuiufi_dl:cla-ure of the Brummagem char- acter of his erudition bycalling all Catholic writers liars and_forgers. He wrote, I regret to say, Roman Catholic historians ‘and dog- matists are not always trustworthy where the interests of their church are involved.” In his last letter he returns to the charge, and speal of the “garbled and imperiect editions wh the Catbolic church sometimes employs Itisevident thatif this accusation be true tfixinls did not say that, but-| replies were | From | — all my words go for nothing. If Catholics are untrustworthy and if they prepare spurious editions to deceive Protestants then we are the basest of men. If Dr. Wendte believes his own accusation why did he undertake to argue with me? It my authorities are mutilated, my editions garbled, my quotations forged, then T am_ beneath contempt. But if Dr. Wendte makes this charge without reason, Mr. Editor, and thus attempts to destroy the credit of my words heforehand, to cut the %mund from under my feet, to infuse into the imaginations of your readers suspicion ana mistrust of everything 1 may say in reply to him, then to use the words of Newman, he is guilty of the covl\'!ndly and unmanly crime of polsoning the wells. ROMAN FORGERIES. To give some evidence for the truth of his charge, Dr. Wendte appealed to “Janus,” who, he asserted, exposed “the literary forgeries of the Roman church, on which, in "large degree, it bases its pretensions to divine right -and ab- solute rule. These fabrications are quite well known to Roman Catholic scholars, and are | yet defended, passed over in silence or con- doned by them, while the church continues to make use of shese fictitious documents to es- tablish itself in both spiritual and wordly ower.” : PNow, as a matter of fact, the first to expose the forgeries to which Janus alludes were Catholi nd that long: before the Reforma- tion. From the very beginning ot Christianity sagas and legends had sprung up attachin, themselves to the Apostles, the martyrs an men of note in the church. As Professor Ram- say remarks in his book just published, “Paul, the Roman Citizen and veler,” these tales were intended to take tne place of the often- times impure novels or stories in which the pagan world delighted. Itis absurd to state that these documents were forgeries and wicked inventions. One might as well sccuse our popular historical novelists as guilty of this crime. During the dark ages, so-called, these tales and docu- .ments received a certain belief, but it would | be just as critical to say that the legend of George Washington and his little hatchet was invented to support the supremacy of the Fed- eral Government as to suy that the stories of the Donation of Constantine were invented to support the primacy of the Roman Pontiff. It is demonstrable by the clearest evidence that these sagas and legends were not the bases of the Roman church’s claim to the primacy, but that the fact of the primecy obtained for these legends a certain credence. It is also demonstrable that the church does not use these forgeries t0 substantiate their claims. Moreover it is absolutely untrue to say that Roman Catholic scholars defend or condone these spurious documents. As I have already remarked, their true nature was demonstrated ata time when there were no scholars but Roman Catholic. However, even 1f it were/true, as Dr. Wendte asserts, that the historical claims of the Papacy are based on forgery, can he show that I have used them? The observant reader will readily note that the forgeries in this discussion have been all on the side of Dr. Wendte. He, notI, has cited garbled extracts and spurious de- crees. He hasnot bgen able to breathe even a suspicion -against the authenticity of a single passage quoted by me, while the greater art of my time has been waken up in showing Eow he has doctored and gerrymandered the utterances of Catholics. To_complete his task of Polxonln‘ the wells, Dr. Wendte cited the case of a certain abbe who discovered that Roman Catholic authorities were garbled, falsified and untrustworthy, and who in consequence became a Protestant. I asked Dr. Wendte for the name of the abbe, but Dr. Wendte refuses to give it, under the plea that the old man does not wish to be perse- cuted. This unfair insinuation against Catho- lics is characteristic only of congenital mean- ness. Letme inform Dr. Wendte that his in- formant has lived here for years without per- secution, though every one knows him. Let me inform him, 100, that the story is too “sweet”” to be wholesome. If the “‘abbe” will give the name-of the book which he found faisified I can have the whole matter examined in the British Museum. Until Dr. Wendte's | informant does this, Iam compelled to credit the common rumor for the cause of his defec- tion. Iconsider it beneath the dlgnlti of a scholar and a gentleman to make charges against the trustworthiness or honesty of e great church on anonymous testimony, and I imagine that Dr. Wendte would have bettered his cause 1f he had given facts instead of re- tailing gossip. Let me re) at that this sweeping charge of untrustworthiness in which Dr. Wendte in- tempts to escape by aspersing his accuser’s houor. 3. DECLARATIONS OF RECENT POPES. To prove that the Catholic church teaches | that the state is in temporai matters subordi- nated to the church Dr. Wendte quoted the ut- terances of some recent Popes. (a) Leo XIII. He asserted that Leo XIII had said words which warranted us in believing that the Papacy if it had its way would soon suppress free government. 1showed by meaneof the deadly parailel that Dr. Wenate had mutilated Leo’s sentence by suppressing half of it and that the suppressed clause expressly stated that the church could use only the moral means which every sect employs to-day. Dr. Wendte excused himself by saying that he shortened the sentence in the interests of brevty, aud he proceeded incontinently to go into hysterics about the bloody persecutions of the church of Rome. For these persecutions see the Rubbish Heap. (b) Pius IX and Gregory XVL Dr. Wendte next quoted what he called the “Evangelical” and syllabus of Pius IX as condemning free schools, a free science, a free press, liberty of | conscience and of religious worship. All of which, including that specimen of “physiology” the “Evangelical and syllabus,” as having nothing to do with, the civil supre- macy of the church are hereby consigned to the Rubbish Heap. Dr. Wendte's endeavor, therefore, to prove from the modern, Popes tbat the church claima civil_supremacy aver the state only demonstrated that he was ready to garble quotations to bolster np a bad cause. 4. DECLARATIONS OF MODERN CATHOLICS. Dr. Wendte now produced the sayings of certain eminent modern Catholics as testi- | monies_that we are seeking to control the state. Let us see how bis witnesses fared. ggl.} Louis Veuillot. he editor of the Paris Univers wes first | called to the stand. His sentiments were that I | Catholic prineiples aenied free speech. What this has to do with the supremacy of the church I do not know, but I asked Dr. Wendte to produce his authority for aseribing this statement to Veuitlot. Dr. Wendte replied, “I am not fona of con- Doctor Brownson. Then Dr. Wendte quoted the Catholic Re- view and Dr. Brownson as saying that Protestantism had no rights where Catholicism | was triumphant. In reply I remarked that Brownson had nothing to do with the Catholic Review and I demanded the date of the quotation. Dr. Wendte retorts that it is wrong to sneer at cocks and tailors. (c) Bishop Gilmour. : Dr. Wendte then produced Bishop Gilmour as saying that “Nationalities must be made subordinate to religion.” 1 explained the sentence as a rebuke to a movement which was then on foot to divide the Catholics ot this country into various Na- tional groups. Dr. Wendte replied by quoting more of the pu;onl. which completely justified my expla-~ nation. But Dr. Wendte insisted “the Bishop says, “We owe unqualified obedience to the state in all that does £ot conflict with the law of God,’ | and this is treason Does Dr. Wendte wish us to obey man rather than God? Is there a conscientious man on the face of the earth who will break what he considers to be God’s law for any one? But says Dr. Wendte, the Bishop was opposed to our public schools. 2 Respectfully referred to the Rev. Father Gleason or the Rev. Father White. (d) Cardinal Newman. “Then Dr. Wendte flew at higher game. He quoted Cardinal Newman as anthority for the deduction that no Catholic could take an oath of allegiance without the consent of Rome. Ishowed that Newman was speaking of a certain well-defined instance in which the ridicnlous policy of thie English Government | in refusing to deal directly with the Holy See got them into trouble. Dr. Wendte threw the burden on Gladstone, | Who states that pledges were given by the Roman Catholics of England to obtain relief from persecution, which pledges were deliber- ately broken afterward. In answer I stated that Gladstone was proved in the Spectator of March, 1875, to have made a blunder from which a few hours' reading of Hansard would have saved him. Gladstone’s contention was that the Roman Catholics in 1781 declared that they did not believe in Papal infallibility and that it was on this condition they were rehieved of certain isabilities, This assertion was not true. In reality the Cathollcs refused to accept relief under such conditions and the Catholic prelates petitioned Parliament not to grant Teliet under & misapprehension as to the real Int::chlng of the church. So much for Glad- ne. Sc) hfn;.hzr .}‘nlnln. % 1 his fourth letter on the relations of church and state Dr. Wendte produced a mmm“éy the Rev. Louis Jouin. In order to prove that California Catholics were taught that the chureh has civil authority over the state Dr. Wendte clamly suppressed a plain statement ;fly :::‘-‘21’:1 lthn the “‘¢hurch W]le)ldl & spiritual 3. ¥ When I called his attention to this peculiar manipulation of authorities he merely pro- ceeded to quote more Jouin, as usual garb| ing it, and leaving out significant nssages. Thus he began his extract in the middle of a para- zfl*h. the opening sentences of which are: “The normal conaition of society requires that both church aud state should act in har- mony, that there should be union among them. This union consists neither in the absorption of the state by the church norin the subjection of the church to State control, but in the mutual co-operation of both, each remaining in its own spnere.’’ These two sentences Dr. Wendte suppressed because they contradict his statements about Catholic teaching. Jouin is here dealing with the “‘normal” or “ideal’’ state, and he takes it ior granted that all the citizens are members of the one chureh, yet even in such a case he :&c res that the church cannot absorb tne Then Jouin goes on to say that the laws of the state must be based on the moral and re- vealed law. Thisis s truism. In America the state accepts the revealed Christian law as tho oasis of legislation. Whence does the state ac- cept it, if not from the Christias church ? Take the case of polygamy. There is nothing in political reason to condemn this practice. —All the non-Christian states allow it. It is forbid- den in America because the Christian churches insisted that polygamy was opposed to Chris- tian merality anthnt Christian morality is the basis of our legisiation. Does this prove that the churches in America have civil juris- diction over the state ? But, says Dr. Wendte, Jouin holds tl:liln doubtful cases the ohurch must prevail, Dr. Wendte designedly obscures Jouin’s supposi- tion that the “‘doubtful case” referred 10 isa question of morals and that he is speaking of 1aws binding on the conscience. Nowletme ask Dr. Wendte if the state com- manded him to marry half a dozen wives at the same time, would he consider himseli conscien- tiously bound to obey. If he believes as he says that the state has the right w fix the bounds of its own jurisdiction, he would be compelled to commit hexagamy at once. Is not this a reductio ad aburdum of his theory? Jouin holds, like every sensible man, that church and state are essentially separate, that the laws of the state should be modeled on God’s law; that if collisions arise, they are to be settled on their merits, bearing in mind the principle thatall things temporal belong ex- clusively to the state, and things spiritnal to the church, and finally, that if the state begins to interfere with the conseience and make laws which violate the moral sense of the Christian people, that these laws do not bind in conscience, and_Christians should do their very best to have them repealed. 1 need scarcely remark that these are princi- ples on which the American people have al- ways acted. If Dr. Wendte will read the his- tory of the abolition movement he will realize the justice of my statement. Neither Jouin’s theory nor the American practice proves, however, that the church has or claims civil furisdiction over the state. From the foregoing it is evident that Dr. Wendte was as unsuccessful with modern Catholics as he was with ancient Popes. - In- deed, the only Catholic book he appears to have seen is Jouln, and Jouin he deliberateiy garbles and misrepresents. But hisarmory is not yet exhausted, and he appeals to Fifth—The principles and actions of Catho- lics in America. Though the Catholic church has been here since the foundetion of the Republic, Dr. Wendte is abie to bring against us but two charges, one of which is untrue and the other is & calumny. g) Chureh property. € asserts that the property of the Catholic church is held absolutcly by one person, the Bishop, and by him only as the representative of & foreign riler. Moreuver o says the church denies the right to the state to interfere with this property even when the welfare of the community demands it. % I beg to say that theke statements are not Tue. 1. The property of the Catholic church is held in trust for the Catholic people, in accord- nce with the laws of the various States. As {ar as I am aware the laws of no two States are alike. In New York the bulk of the church Empfl'ly is held by boards of trustees created v & special act of the Legislature. In the arch- diocese of San Francisco the diocesan property is held by a corporation sole known as the Archbishop of San_Francisco and constituted under our laws. Nearly every religious com- munity is an independent corporation, as are also the principal institutions, such as the orphan asylums, the seminary, the hospitals. 2. It is true that certain properties may be entered in the Bishop's name, but they are held by him not as a representative of the Pope who could not realize 10 cents on all the church property in America, but &s a representative of the Catholic people, to whom the property elongs. 3. Itis not true that the church denigs the right of the State to interfere with this property for tne welfare of the people. Can Dr. Wendte produce a single incident to show that the church, it 1s true, protests against robbery and spoliatien, but she protests against it in the spirit of the American constitution which pro- vides that the right of eminent domain shall not be exercised unless reasonable compensa- tion be made. Dr. Wendte should remember | racing throughout was excellent, and the | through the bunch and won at the end that the robbery of the church has never yet | benefited the people. ) Priests in politics. r. Wendte states that clerical ambition is one of the dangers against which America must guard, and that in every election poli- ticians are compelled to reckon with the in- fluence of the Catholic church. Concerning this statement allow me to say that it is & cruel and baseless calumny. 1. T believe that there is no class of men in i nimated by po- 1 aspirations than the Catholic clergy. 2. 1know asa matter of my own knowledge that the charge that priests influence their Kflrlshionerfi to vote this way or that is a false- 0od. 3. I know that for every priest, who may take even a platonic interest in politics, there are a thousand preachers up to their necks in the mire. 4. I know that the influence of the Roman Catholic church is not cast one way or an- other in elections, and the man who claims he can control or use or sway such infiuence, be he priest or layman, is a liar and the truth is not in him. 5. Finelly, I know that there is no class of people in the world so quick to Tesist cierical dictation or influence 1n politics as Catholies. 1 am firnly convinced that if 1 did what preachers have done here and in Oakland and called a meeting of Catholies to-morrow in this City and urged them to vote this way or that [ would be Yelted off the stuge with rot- ten eggs. And I would deserve it. 6. Dr. Wendte traverses the whole habitable | globe to prove that Catholics are an unruly lot and always in conflict with the civil power. In answer I took up one example—Germany. I described the nature of the laws against which Catholics protested. Dr. Wendte was ashamed to say any moré in defense of Bis- marck. I repeat now what Jouin asserted, thatin every case of conflict between the church and state, hinted at by Dr. Wendte, the state has been the aggressor, and the church has been fighting for these elementary rights which are guaranteed the most insignificant congrega- tions in these United States. So far now I have considered all the argn- ments which Dr. Wendte produced to show that Catholics claimed civil supremacy for the church over state. Not one of theso argu- | ments was worth the paper on which it was written. If it be true as he asserts that the Catholics believe in a “theocracy,” surely it should not be go difficutt to prove it. Dr. Wendte has laid every century under contribution, but in vain. He is tiying to prove the thing that isnot. The doctrine of the Catholic. church about church and state is the doctrine held by Americans, and every atiempt to foist a dil- fersn il t helief upon us must of necessity prove e, hes extended far beyond the limits, T r the review of “What Catholics Do and the inquisition into the “rubbish Believe” heap” for another letter. \{our-P "(';'l TROLLEY TRIPPERS. Yorxs. Big Times at the Grounds Planned for To-Day—Parachute Drop Out of the Ordinary. The pleasant weather has entirely reju- venated the water-chutes on Haight street, and now the boats cannot go fast enough and the trolleys cannot be put upon the cable often enough to accommodate the *‘chute shooters’ and ‘“‘trolley trippers.” On account of the great crush of last Sun- day, it has been decided to open the grounds at 10 o'clock this morning, and from that time on until 11 at night the boats will rush down the-long slide and the trolley will be tripped. : At 4 J'clock in the afternoon Emil Markeberg, the little German aeronaut, will makea balloon ascension and para- chate drop, hanging by his teeth. He has made a number of ascensions at the chutes and with uniform success. Open-air con- certs will be given afternoon and evening, and after the sun goes dowp the grounds will be flluminnuclg with hundreds of col- ored incandescent lights. ———— ‘Fred Emerson Brooks. Fred Emerson Brooks, the California poet and humorist, who has been absent from this State some seven or eight years, and who has made such a splendid record on Eastern plat- forms, will appear in unique entertainment withhis_partuer, Mr. Macy, bufto-] , 8t the Young Men's Christian Association audito- rium, Mason and Ellis streets, next Thursday evening at 8 o’clock. They will be sure of a large and appreciative audience. Fire in a Dwelling. An alarm was turned in through box 175, at 4.:30 o’clock yesterday afternoon, for a fire ina. two-story frame dwelling-house at 722 Grove street, occupied by A. 5. Brethout. The cause of the fire was the careless use of matches, The house was damaged to the extent of about $100, which is fully covered by insurance. review of ‘‘What Catholics Do Not'| Catholic church hasrefused to obey the general | SHIaY) beat The Judge out half a length. orlocal regulations touching property? The | spin, the Corrigan entry Kowalsky having | burdle event. Even money was obtainable FRED GARDNER IN FRONT, Proved a Surprise in the Gover- nor Budd Stake at Ingleside. RACE-GOERS OUT IN NUMBERS. Several Upsets During the Day—Lo. gan Beaten Out by Wheel of Fortune. The superstitiously inclined were sadly out of line at the races yesterday. A big crowd journeyed out to Ingleside to see the rich Governor Budd stake, over a mile and & half, run off, and of course many of them were firm believers in signs, jonahs and hoodoos. As a mark of courtesy to A. B. Spreckels, president of the new jockey club, the silken bag containing the purse that is always suspended from the wire in stake events at the new course, was yesterday a blending of red, white and blue, the colors sported by ‘the horses owned by Mr. Spreckels. Six horses were entered to contest for the $1500 prize that went to the winner, which was run under selling conditions, and when 4 to 5 was posted against the Spreckels pair, Cadmus and imp. Candid, the bookies were besieged with coin. At post time 7 to 10 was the best obtainable against the stable. The other starters were in no great demand, slthough Fred Gardner was backed down a couple of points from 9, and a light play made the books cut the long price against Flirtilla. Claudius, the second choice, was quoted at 4,6 to 5and 1 to2. When the bugle called the horses out and they pa- raded past the stand all looked fit to race for a kingdom. They were sent away at the first breakaway, with Dungarven, Flirtilla and Candid showing in_ front, Flirtilla and Candid went out to make the running, heading the field from the stand and into the backstretch. When nearly a mile had been covered Tod Sloan on Kred Gardner made his move, and at the far turn was leading Flirtilla and Can- did three lengths. At this stage Bergen was urging Cadmus, who was apparently: unable to respond. Headed for the wire it looked a certainty for Fred Gardner, the chestnut horse merely galloping, with all of the others being urged hy whip and steel. Claudius made his usual stretch run, passing Flirtilla, but only got within hailing distance of the leader, who won as he pleased by four lengths in 2:39. Flirtilla hung on gamely, being beaten but a head for the place. The favorites did not have the easy thing they did on Friday, for but three out of six caught the eye of the judges first. The big b:tting ring was thronged with spec~ tators,, ? The day’s sport opened with a six-fur- long dash, for which Fortuna wasa slight favorite over The Judge. The favorite was away from the post last and finished third. In a-drive the third choice, Sea The following race was also a six-furlong first call in the betting at 8 to 5. The youngster was away from the post none too well, but gradually threaded his way cleverly by balf a length. Minnie Cee and Morven indulged in a rattling drive for the vlace, which the former secured by a head. That sh“%y jumper, Burmah, from the stable of W. O’B. Macdonough, scored again in the mile and a sixteenth handicap against him throughout the betting. Mara rated him along nicely, and he was waik- ing in when T, Murphy came with a rush on Nellie G, and, nearly catching Mara napping, was beaten out but half a length. Silverado was third. Old Logan had his colors lowered 1n the mile and a sixteenth handicap by speedy Wheel of Fortune. The betting was chiefly confined to the pair, Moderoceo, Santiago and Foremost coming in forbutslignt con- sideration. The “Wheel” was at one time as good as 3 to 2 in the betting, but around post time was favorite at even money, with 6 to 5 offered against the “‘every-day’ horse. Griftin on Logan took the lead when the flag fell and wasin front to the stretch, when he had a clear lead of a length with Harvey’s mare, who had moved up from last place an easy second. She soon had her head in front of the iron horse, and in a drive beat him out a short halfdlengxh in 1:4814. Foremost was a fair third. Liberal scratching reduced the field in the last event, a seven-furlong run, to six starters. Ed Kearney was backed from evens to 1 to 2, and after leading into the stretch simply swinging was unable to re- spond to the challenge of the second choice, ueno, who romped past him and won by two lengths. The favorite was even beaten out a head for the place by old Nephew. . Track and Paddock Items. E. J. Baldwin has secured a new trainer. Charles Green, who formerly trained for Dan Honig and in his time owned some good racehorses, arrived from New Orleans on Friday and will take charge of the Santa Anita string. George E. Smith (Pittsburg Phil) did not bear a pleasant look on his vplacid countenance after the last race. The book- makers began to rub when they perceived him backing his horse Ed Kearney, and 3 to 5 was about the best he got. At the conclusion of the race, when the crowd in the betting-ring was thinning out fast, the quiet plunger lingered longer. George Rose, t{e bookmaker, standing in front of his stand, espied the plunger and accosted him with the remark: “Well, Mr. Smith, my old horse beat you,” re- ferring to {hphew, who headed Ed Kearney out for the place. Pittsbur, Phil was not in good humor and smile dryly, He said: “Yes! but I would like to bet you $1000 against $500 my horse can .t;entY yours at the same weights, on Mon- ay. Mr. Rose replied that he would like to sell him Nephew for $500, but this answer brought no response. Finally the penciler told Phil that he would consult his trainer, and if the latter . thought advisable he would make the match. Trainer Lottridge was then consulted, and Tommy thlnhng the little pame old chestnut had a 1to2 chance, advised his employer to accept the proposition. The consent of the jockey club will be asked to-day to decide the merits of the two horses, and to-morrow the race-going public will have a chance to see which gbcc.kmalm- or plungeris the shrewder matchmaker. As though match-making were conta- gious, another match is also on the tapis. A crowd of horsemen were arguing the merits of different horses at the Baldwin Hotel last evening and Charley Quinn and By Holly failed to agree on one point. The Sage of Flosden 1s the possessor of both Major Cook and Sir Richard. Quinn was of the opinion that the Major could beat the gray horse six furlongs, each to carry 110 pounds. Mr. Holly thought different, and a forfeit is up for a match at $2500 a side. In event of it being con- summated, Major Cook will be turned over to the care of Quinn. EVOLUTION OF RAILS. The Southern Pacific ‘Introducing the Latest Pattern That Was Old Years Ago. The Southern Paciic Company’s engi- neers have introduced a new rail, which represents the latest thing in'the evoiu- tion of railroad engineering. The rail is the product of practical experience rather than a direct result of engineering thought or science, and what appears particularly remarkable about it is that this latest form is almost an exact counterpart of the first designs. The new style of steel rail is being laid over a stretch of twenty-five miles of track across the San Goronio Pass, between Los Angeles and the desert, at the rate of about one-third of a mile a day. Itisa 75-pound rail, calculated to stand the reatest possible amount of wear and tear. %n chemical composition and form it is up to date, being so constituted as to be harder and tougher than ever before, and flat on top and nearly half as wide aguin as the old pattern, which is still in gen- eral use. Such standards in railroad engineerin, are set by the National Society of Civi Engineers. For many years past this em- inent body heard papers read and dis- cussed, and considered pages and pages of figures which demonstrated that a circu- lar-top rail was the bestof ail patterns. And, indeed, it was proved by mathe- matical lore that that pattern should be adopted, and it was made the standard type of American rail. Actual applica- tion of the convex-topped rail, however, did not confirm scientific theories, it seems, and it has developed that the old- fashioned broad and flat pattern is now the standard for railroad engineers. —_——————— THE SECOND BRIGADE. General Warfleld Sa for Hawail and Colonel Macdonald Takes Command. Brigadier-General R. H. Warfield, Sec- ond Brigade, National Guard of California, sailed for Honolulu on the steamship Mariposa last Friday, and William Mac- donald, colonel First Infantry, now com- mands the brigade. General Warfield expects to be away six weeks or two months. His physician prescribed a sea “THE CALL” R ACING CHART. Thlrly-Nln!h Day of the Pacific Coast Jockey Club. Weather Fine. side Track, San Francisco, Saturday, February 8, 1896. Track Fast. Ingle- (63, FIRST BACE—Six furlongs; selling: all ages; purse $400. Index. | Horse,age, weight. | St.[ 34 Y % sr. | Fio 638 |Sea Spray, 4...... 98 8| 5h | 4 2 333 e Tadge, & | ho| 1P 3 ‘ortuna, 5. 8n | 81 | 5 {Arcue, 5 62 61 6 Jack Atkins, 3 41|23 3 Sieeping Child, 4 23 | ¢ i 2g3 |Sinbad, a 7n | 9 7 ®17) | Minnie' T, Shi |7 8 850 |Carrie U, k] 8 9 Good start. Won handily. Winner, P. Siebenthaler's b. 1:16%. §64, SECOND RACE—Six furlongs; selling; all sges: puras $400. Index.| Horseage, welght. [8t.| 14 | 3% | 3% | st | P 564 |Kowalsky, 8...... 03| T 1% | 42 | 42 | 1n 653 Minnie 99| 8 ih | 31 [ 33 | an 656 |Morven, 01f 2 21 | 1n | 13| 81 622 [Hy Dy, ' 01| 1 51 | 73 | B 4 516 (Colling, 4. 04| 3 én | 81 | 7 5 ? 657 |Schnitz, 4. 01| 4 88 | 31 | 3n | 8 637 | Fer. Hartman, 8.. 86| 5 78 | 5h | 6% | 710 10 616 |Poliock, 8 9 8 8 820 30 .....|Brioso, 4 9 82 | 9 9 8 |T.Sloan 12 Good start. Won driving. Winner, K. Corrigan’s br. c., by Isaac Murphy-Deroch| minues. - Time, 1116, 553 " e 2 Mwem 665, THIRD RACE—One mile and halt; the Governor Budd stakes; selling; value $1850. Index.| Horse, age, welght. | St.| Std. Y | % | str. | Fin. o‘;‘“’“& TTB87 |Fred Gardner,5.,104| 4| 81 | 81 | 14 | 14 |13 |18 e 7 510 |Claudius, 5.......110| 6 6 | 5h | 3n | 43 | 81 | 2h 34 504 (Flircilla, 4 2|28 |23 2n |21 |21|34 20 20 mp. Can h|3h|as |52 3 (675)|Cadinus, 6 : 5/6n|6 (654|545 |8 710 33 Poor start. Won handily. Winner, F. W. Taylors cb. b, b; E i IRy y’ h., by Luke Blackburn-Enfillade. Time, (66, FOURTH RACE—Ono and a sixteenth miles, over four hurdles; handicap; purse §400. Index. | Horse, age, welght. | St.| 8td. | 14 | 24 | 3¢ | str. | Fin. Jockeys. | Berting | —_— — _ —_— —— P o (855) 1420 811h [1h [1h [1h (1h (1a (7, Ware 0 859" 180| 2|5 4 4 42. |33 ; 571 Al 11398 (330 |40F 142 128 (28 IMumny H (649) 135| 318 (5114520 (540 (550 |43 52 505" |Arundel, 8..01150| 8 3h |2m (235 (315 (44 520 20 655 |Guadaloupe, 4ia 86 8™ 6™ 8" e 20 Good start. Won driving. Winner, W. O'B. Macdonough's b. g., by Bersan-Fair Lady. Tims, 1:55. 667, FIPTH RACE—One and a slxteenth miles; three-year-oldsand upward; handicap; purse $500. ‘Index.| Horse, age, weight. |8t. | Std. | 34 | 35 | 3 | str. | Fin Ul;cmn%. 651) Wheel Fortune,4.105| 8 (41 |5 |5 (235 35 |15 | 65 1 iuu) Logan, &. L1160 5 111 11 3(. 1135011 ‘Y' 1h (2 a 1 65 ggg Kfimw' £ 94 } gl’/s ?l 2"‘6 38 |34 (36 7 12 lerocio, 2 4 42 (4h 10 30 654 |Santiago, b dsn 3n |30 8% 132 |8 10 20 Good start. Won driving. Winner, J. Harvey's ch. m., by Gano-Jennie B, Time, 14875 668, SIXTH RACE—Seven turlongs; selling: three-yearolds and upward; conditions; penalties; . purse $400. Index. | Horse, age, welght. | St.| 14 £’ BO'I; Bt 8| 3n 53 572 2|6 8 2!‘63 Ed K 111 ? 1 656 4] 43 3 656 5| 2n 2 850 |J 6| 6 4 Good start. Won driving. 1:2014. . Hidalgo-Bertie W. Time, | voyage and change of climate, hence the ip to Hawaii. ;i ] hteorecenlly elected field officers of the First Infantry are not yet commiseioned, so Robert A. Marshall, the senior captain, takes command of the regiment. Colone!l Macdonald has issued orders directing the companies of the First In- fantry now stationed at Tenth and Mar- ket streets to occupy quarters assxgqed to them in the armory on Page street. There may be some murmuring in the ranks and along the cammiaslcned line, but the er wiil be obeyed. a2 | m-"ll‘he transfer will oblige the Second Brig- ade Signal Corps to move from the Page- street house. 4 i Major Jansen has been appointed in- | spector on the staif of General W arfield, to | succeed Victor D. Duboce, who was re- cently electeq lientenant-colonel of the First Infantry. Major Jansen is & Grand Army man, and he s up to date on mod- ! ern tactics and regulations. As a general proposition National Guardsmen do not fancy soldiers who served in the war thiry years ago, asserting that the old veterans insist on recognizing old fash- ioned and out of date methods of military managemént. Major-General W. H. Dimond, the di- vision commander of the National Guard, has been traveling in Southern California for several weeks. He is expected home this evening. e Charged With Embezzlement. Louis Betzel, an outside salesman for the Royal Wine Company, 114 Sutter street, was arrested last night and booked at the City Prison on three charges of misde- meanor embezzlement. Betzel had a con- tract with the company to segl their wines and liguors, they to provide him with the 2oods and a horse and wagon. He was to receive one-half of the net profit on his sales. It is now alleged that he made col- lections and failed to account for them. How much is involved is not yet known. NEW TO-DAY. o o COLDS Curious Sayings. Trolley Pills, said a gentlenusn calling for ““77,” because they knock out the Grip. Heventy-Heaven, lisped a child asking for Seventy-seven. Children all like the pleasant pellets; they prevent Colds running into Croup and Bronchitis. i Singers’ Ruin, or loss of voice, cancels the engagement and stops the flow of gold; vide, Bibyl Sanderson. *‘77" pre- vents the loss of both singers’ and cler- gvmen’s voices and restores them when lost. Broken Bone or Dengue Fever, is the Southerner’s term for La Grippe. “77"" dissipates the Fever and cures the Grip. Gripper, to seize, is the Russian idea of Grip. “77" looses its hold. They Say, that ‘77" stops the cough, cures the Cold, prevents Pneumonia. ‘They Say, that “77” breaks up a cold that ‘‘hangs on;” and it does. A Wag says: “Even the angels are re- turning fram Heaven, content toreside here with “77.” Small bottles of pleasant pellets—fit your vest pocket; sold by druggists or sent on receipt of Drice, 25¢; or five for $1.00. Humphreys' Medicine Co., 111 and 113 William street, New York. o S ICYCLES Any Hen Can Hatch Another hen's egg, but she don't know what she is getting . , . . We are not bicycle incubators. We are MANUFACTURERS and know the pedigree of every chick. We make ALL that goes inte the WAVEREEYS "% o Catalogue fres. Agents wanted. NDIANA BICYCLE J. 8. CONWELL, Manager, 18 and 20 McAlister St., S. B, 1896 RAMBLERS HAVE ARRIVED. . e 1895 Models Will be Sold for $85.00. COME WHILE THEY LAST. ..$100.00 e 85.00 THOS. H. B. VARNEY, 1325 Market st., S. F. 427 8. Spring st., Los Angeles. of MER-AGES Quickly, Thoronghly, Forever Cured. ' Four out of five wha suifer nervousness, mental worry, attacks j of “theblues,” arebut paying the penalty of early excesses. Vie- tims, reclaim your ‘manhood, regain your vigor. Don’t despair. Send for book with explanation and proofs. Mailed (sealed) free. : ERIE MEDICAL C0., Buffalo, N. Y, 'Bly's Cream Balm » Cleanlesglllld N“Pfll | Passages, ays in | hm:a‘ma&mmlum'. > stores Senses Taste -n&‘snlell. o Heals the Sores. Apply Balm 1nto each nostril REY BROS.56W atsen st RUPTURE CURED, N(‘)”CUBE‘ NO PAY. NO KNIFE USED; No 1008 drawn, - Safe, Speedy. Painloss, Pej Dent Cure. ONLY ONT: T'REat R INSTITUTE, cor. Lyndof:h“‘lst e e | Frulivale, Alameda County, Caj. © UItVAle ave.,