The San Francisco Call. Newspaper, February 26, 1896, Page 8

THE SAN FRANCISCO CALL, WEDNESDAY, FEBRUARY 26, 1896, PAPAL DOMINION N CIVIL LIFE, Donald M. Ross Cites Au- thorities on Proposi- tion No. 2. CHALLENGES P. C. YORKE The Priest Asked to Name the Man He Charges With Be- ing a Thief, SOURCES OF ALL CITATIONS. Said to Have Been Taken Only From Catholic Books of Accepted Authority. Rev. Donald M. Ross last night, at Met- n Hall, took up the second propo- controversy between himself cter C. Yorke and quoted Cath- ies and ar:ued tnerefrom to position, which is that: Pope and the priests ought to have nion over temporal affairs.” jor E. A. Sherman cpened the meet- speaking as follows: judge in the matter. Tam simply acting as ss upon what Mr. Ross pre- ns from the 1shall do this But the find- Test with you. ough them with his thor- nothing in what he will r contained in a book printed v the authority of the Roman Catholic church and approved by the Catholic dignitaries or country as well hose of Rome. There e sentenc tion of and Rev. the exactly as prinied in rised that Rome has gone so_far as n of using printed type. iday of judgment comes I vil will get some_credit for ior to suve mankind. There- the peo this City and of the Unit s owe a great debt of gratitude to Peter ke for bringing out and exposing what It has throw d to ente tied v the fortifications and find been done in this City and United States in arousing the ent in the land has been t kindergarien work of e Ro: f U h is_beyo: and the on!y g that they rely of the Catholic p tinue to obey the Pog 1 he will have anner what he ery man who : has been educated hurch. 7There is no n of these United ) the people, who only ask you now 3 cXercise ‘your patience whole exposure is mede. and Isay it with all reverence, t in these circumstances which tus together may be recognized T the Aimighty Fat y which I owe to him, ¥ T indorse tais cause. :. 1care not wiat Mr. against me. 1enjoy the confi- is and the qrganizations to 7,500,000 " en- e interested 1n this Y 8 should be. that I am not twehty-five or thirt r th that I might take a ie Brock Morgan sang the “Red, 1d Blue,” and was promptly fol- lowed by Rev. Donald M, Ross, who spoke as follow Before 1 begin I am going to say something. [Ley; w, I am starting to do some nd I am just going to dare se the man's name he refers nier this morning. I dare Pe- to name the man with whom I mply dare him to name the thief sociate. Letme read you this helping him in this y brand bim as a mali s belped him 1o thiscontroversy. onzorted with & man who was, tand afantor of thieves. But is n0 more & priest than Donald Ross is, and to the aid that this befuddled ingrate can afford come. 1L becomes & slanderer to v as a_Catholic, is it7 He s helped me in this mat- ay 1o Peter . Yorke that I got two rriests, and perhaps by to-mor- t I will get' help from three. [Ap- 1 dare him to name the man who is the 'd with whom I consort, and there will n San Francisco if he names him and Peter C. Yorke will be the in tne fight, 100, if he names him. ¢ friends, 1 tell you right now Peter G, Yorke can name him,and I dare him to, I don't say that he is a thief, but he can name 1 consort wi the proposition that is te. 1am going to prove y 1ght out of Catholic publicati at the Catholic church teaches, claims and nes that the Pope and the priests ought to have dominion over temporal affairs, My body is & temporal affair. My liberty fsa temporal affair. My person is a temporal affair, Never mind my soul. My body und the use of the freedom of it, the right of it is a terporal air. Butthe chureh says—I quote from the ents of Law” : “The church can inflict temporal and even corporal punishments.”—Page 10. Peter C. Yorke—and Iam gisd he published that letter this morning—he simply fell back 10 the statement that 1 was a lisr. He stmply tried to prove that my authorities were not taken from Catholic sources. You will find that every quotation I have used or will use is taken from authoritative Catholic publications, by which the Archbishops, Bishops and the other dignitaries of the Catholic church are governed and to- which they must submit. They are those in which the church takes that position and declares that the Pope and the Priests ought 10 bave dominion over wemroral affairs. Dr. Dollinger, the great, probably the great- scnolar in tne church, not excepting Cardi- 2] Manning, during the present century, said “‘And even at Rome executions for Protes- tantism continued down into the seventeenth century. * * * Therevoeation of the edict of Nantes had the formal approval of the very best of all the Popes—Innocent X1 ‘nd I think that when -the Roman Catholic church executes a man — cho his head or chokes him to death, or roasts him till life has fled, it 5 taking dominion over temporal aftairs. And when the Roman chureh chokes the life out of man or culs off his head we are, of course, to conclude that the church of Reme. takes dominion to that extent over temporal affairs, Dollinger also says: “Leo X's bull against Luther condemned as errors such universally familiar truths as that it is against the charity of the Holy Ghost to burn, heretics,” Let e explain thatin afew words. The edict of Vantes gave the Hugenots certain liberties, amoug oher things to viorship according 19 their belief. But this was ravoked, 5o that the massacre of St. Bartholomew could take place, und that revocation had the approval of Rome, according to Dollinger. That surely was tak. ing dominion over temporal afiairs.” Dollinger 0 says this: “‘In all the domains of Catholic princes Prot- cstant worship was suppressed under Jesuit dictation; it was the professed aim of tae Jesnit order to undermine the treaty of Augs. burg.” T tho violation of this treaty with Germany many Protestants were burned to death. I believe that 1o burn & man to death is a tem- pora! affair, and yet we are told by this man that “Leo X's bull against Luther condemned as errors such universally familiar truths as that it is against the charity of the Holy Ghost 10 burn hefeties.” 1 do not meke a quotation of any of this mat- terouiof any Proiestant book. I make them or paragraph quoted | lown the drawbridge and per- | e is and what her power is | lcmre that the marriage that makes the Lome from Catholic publications only. How ca; Peter C. Yorke denounce them s forgeries Has he seen my library that he cap truthfuily thet wnat I'give is second-hand ? 2 ‘Germany was still suffering from the Thirty Years' War, ana the Jesuits, Who were its au. thors, were as powerful as ever ai the courts of Paris and Vienna." That, too, i« taken from Dollinger. Is that not interfeting with temporal affairs? And I say thit when the Catholic church—so long as it *uppresses the privilege of any man to g0 where he pleases and ao what he pleases—so long as it is doing this it is taking partin tem- poral affairs. s Is not war a temporal affair? Yet we are told by Dollinger,who was at Rome when Pius IX was declared infailible and absolutely incap- able of making a mistake when speaking of religious affairs, that the Thirty Years’ War was caused by the Jesuits. It is not enough to say this 1sa forgery. That is no answer. Let him come forward as'a man and ask me to produce that book, and I will do it. eors and applause ) If it is not identical with what I read then 1 will admit I am a forger. Orlet him come to my house i he does not want to have me present my suthority in public, or let him suggest a place downtown, and I will let him read itand compare the book’s text with my citation, and if there the slightest difference, even toa comma, I will apologize to him, and I tell you it will go hard for me to apologize to Peter C. Yorke. [.\pplmlse{ “*But it was chiefly by the oppression and banishment of the Protestant ministers, the | forced e.migration of those who adhered to their faith, the destruction of FProtestant Bibles, catechisms and hymn books, and gen- erally the employment of all those meaus of coercion which the Jesuits had reduced toa system that the so-called counter Reformation * * * wasbrought about.” Now, that is & temporal affair. I say that when a man cannot read books that are clean, | I'candidly believe that the church is entering into temporal affairs, Nobody denies, no in- | telligent ‘man denies, this yosition of the | church, = A friend of mine called on & friend of his | and he was blackguarded for attempting u)i stand by me. His iriend is a Catholic, and be jumped on me because, he said, 1 wa’s trying 10 make out the statg is above the church. | “Don’t his Grace,” said this man, “tell us all | the time that the church is above the state. Don’t he tell us that all the time? And there is that man Ross trying to make out that the state is above the church,” £ Rememper, I am not sayving that it it is wrong for the church to be above the state. It Iam simply here church does take In ali my wide reading on this that attitude. subject during the past three months I have | not come across & single Catholic publication chureh is true the Catholie church is right in this, Assuming that the Catholic church is God’s representative here, then the Catholic church is right in assuming it is greater than sny government. But history denies that. The basis they are yorking ou s wrong. Tho Catholie chiurch does not represent God, and never will until it | is purified. 3 When a man goes home at 3 o'clock in the morning afier pouring out what Peter C. Yorke poured out last night in the Examiner publi- cation-house, and goes from that into the con- | fessional-box, 1 tell you, my friends, the Cath- | olic church does not represent God.' I submit | simply this: that whether Yorke be priest, | minister or blacksmith he should have come | and seen whether the extracts of mine were | right or not, ard then pronounce against | them, Bui for him to simply look over my ex- tracts and dash off a letter, while the press of | the Examiner was held back, 1s evidence of | only a presumption on his part. If he be only truthful, I can enjoy an opponent and a dis- cussion, but I do not care 10 be criticized by a | man who simply says, “That is a lie; that is & | {lie; thatis s lie.” [Applause.] Tollinger in his Jecture in Germany said: “At the restoration of 1660 a prospect of | toleration and of regnining their property was held out to the Irish Catholics on condition of | their taking an oath of allegiance to the King d repudiating all right of the Pope 10 depose.. or absolve his subjects from the duty of ivil obedience. A similur declaration had | been required of the English Catholics in 1647, But Innocent X had at once strictly forbidden them to accept any declaration of the kind, | and excommunicated those who hed already | subscribed to it. Don’t you think that the government has the right to demand an oath of alleglance and fidelity and loyelty if the government so pass, if there is & law requiring it ?_But when the | English Government in 1647 and 1660 de- manded that of its subjects the Roman cburch denied the right. Pope Leo said: “Don’t you dare take that oath of allegiance or you will g0 down below,” and the ones that had teken | ft he sent down beld : Again, Pope Pius IX is the author of this: “All the Bishops in Rome (263) signed an address to Pius IX on June 8, 1862. It de- clared the sense of the whole church 0 be that the temporal power was Lecessary to the supreme Pontiffs and an institation of Provi- dential origin.” i YetIam cailed a liar and a forger when I that the church claims temporal power, | ave books which will require months to read aud I have read them—sll Catholic—in { support of this declaration, The life of Pius | | IX says this: | ““The will of the people does not institute & supreme law indeper.dent of all divine and human rights.” By divine right is meant the Catholic church all the time. Compare that with Lincoln’s grand saying, “Government by the people, of the people, for the people,” or Granvs that “the'will of the people 18 the supremo law of | the land.” Dr. Doilinger, page 78, says: “This Papal kingdom must be upheld and ex- tended by all means of compulsion and vio- lence and punishments of life and limb, sowme- times directly inflicted, sometimes by invok- ing the secular arm, which is bound at once to execute its sentence.” That is pretty plain language, is it not? And vet that is not interference with temporal | affnirs—the absolute right of liie and death, When the church says “that man’s head must | | come off,” that man’s head comes off. gain, this from the utierances of Pope Pius egarding the Papal state: ““As for sgreeing with the despoflers, we will never doit. I can only repeat that any trans. | action on that basisisimpossible. * * * The | Sovereign Pontiff before his exaltation and the Cardinals at the time of their nomination bind | themseives by an oath not to yield up any part | of the territory of the church.’” And yet when I read thatout ef Pius IX's own speech 1 am told that I am lying and | forging when I say that the Catholic church | demands that the church be set above tne | | | | | | | that does mot mssert this. If the Catholic | | | | | | state. Why this man Peter C. Yorke should ask me to bring these things forth, invite me to step in and look at the Catholic church as it is, I cannot understand. He challenged me to | seek thistestimony and make it public. It was an easy task, and he certainly must haye known it would be easy, and therefore why he should have me do itis not 8o casy to an: Bronson’s Review is an accepted authority in the Catholic church. Thisis & recent expres- sion: “Protestantism has no rights in presence of Catholicity.” This sentence is, we believe, from our Review and was written by its editor, We do not deny it, and are prepared to stand by it. (Ed. Bronson's Review.) That is pretty strong language to_be placed in cold type by the devotees of & church that does not tamper with temporal affairs, isn’t i1? Our chureh holds that marriage is & tem. poral matter. But the Catholic church yays ."? On page 91, vol. 1, of their ecclesias- tical law we flnd thi “All questions bearing on the sacramental character of matri mon{, e, g., the validity of marriage or betrothals, fall under the church’s jurisdiction.” They go further and direcily declare that civil | marriages is nothing more than legalized pros- titution. [Hisses.] Why, not very long ago a question arose in which the guestion was raised as to the legal marriage of a certain couple. A woman belonging to the Catholic cburch had seid publicly that they were not married. The matter got into Judge Cam: bell’s court and this woman was called to m!t She repeated whaishe had said and explained that she had said so because they were not married in the Catholic church or by a priest. The woman was fined $10 for what was | deemed a slander, The laws of every State in this ¥nion say that marriage i$ under the jurisdiction of the State, but the Catholic church formally declares as a part of its writ- ten law that it alone has jurisdiction, Now, take that to Peter C. Yorke and ask him if that is or is not a forgery or & lie? Does not this alone serve s an answer to his challenge? The Catholic chureh has voiumes of books on marriage. They seem todelight in making books on that subject. We have none—save psrhaps a little one that we preachers sometimes give to the happy couples when we marry them—a little book telling them how to ‘love and cherish one another. [Laughter.] We leave that matter to the legislatures. But, as I say, the Catholic church has libraries of books on the subject. Here is something from “Marriage,” page 89: “Behold, gentlemen, the pretensions of the secular power. It has thrust itself forward with so much audacity and persistency, it has been supported by so much sophistry, that it has ended by disturbing the public mind. * * * In opposition to the pretensions of the secular power, 1 maintain that legislation on mar- Tinge, 8 10 ijs very essence and essential prop- erties, beloug to God and his chureh. Again, irom the same book, page 89: “The Holy Couucil of Trent has described the sacra- rent of marriage in a few woras, which leaves nothing unsaid. ‘Itisa grace which fects natural love, ntrnnf!hem the union into an -absolute indissolubility,’” ete. . In other words, married by the church, noth- ing can affect the bonds. A woman may find thatshe has married the meanest thing that lives, her husband may neglect her, refuse to provide for her, rob her of what earnings she mn&' make, may use any violence toward her and be goiity of all unfaithfulness, but the ch}lxmn will not grant her the right to free her- self. Is not your home a temporal affair? Ide- | has been m is a temporal affair, and call upon omr big hall of rewrfiu as a witness. When u‘x? Catholic church undertakes to interfere in such it is interfering with temporal affairs. I am not saying thatdivorce is right or wrong. 1would not give you offense 1f you believe it is wrong. But thatis not the question. I am challenged 1o go into the Catholic books and find any authority for the declaration that the chureh clatms and exercises dominion oyver temporal affairs. 1am doing that thing. Why no intel- ligent Catholic doubts the proposition. Now let us look at another point—let us see what the law of the Catholic churzh has 1o say about the little red schoolhouse. Here is what may be found on page 91, vol 1, Ezclesiastical Law: “Experience-teaches that the public_or common schools-in the United States, owing to their very system, the text- books used and the class of children frequent- ing them, in most cases endanger both the faith and morals of Catholic children sent to them. If possible, therefore, a Catholic paro- chial day sehool * * * shouid be estab- lished in every congregation.’” Inother words the Catholic church says your boys will degrade their sons by mere contact— the going 10 the same echools with them. Think of it; those little boys with four inches of upper 1ip {laughter], heads on like monkeys, playing with cocoanuis down in the tropics. 'hey will be degraded by your sons and so the Chureh of Rome want their children taken away and marshaled by themselve Perhaps thet is not an interierence with temporal affairs—the schools all being divine, Here is a declaration from Cardinal Man- ning: ‘A starving man commits no theft if he saves hislife by eating of his neighbor’s bread so much as is necessary for the support of his ex- istence. The givil law yields before the higher jurisdiction of the divine as the positive divine law yields before the natural jaw of God.” What a picnic for tramps! Perhaps if we were on the jury in the trial of & man for theft who was shown to have stolen what he wanted to eat becavse he was hungry and had D0 other meansof getting what he needed we would not be dispused to send him (o pri I am mnot criticizing this doctrine exa therefore, but you must remember that 1 em speaking to the question whether or not the Catholic church 1s not disposed to put its hand hard down upon the temporal affairs of the people. By what right, now, woula the Pope of Rome have to ask Grover Cleveland to resign | bisoffice? And yet the Pope has done that thing 1o kings. “Here is what the ec ticallaw hias to say by way of explanatio: lcclesinstical Law—"Bv what right wast e deposing power exerted by the sovereign pon- tiffs? There are two opinions among Catholic writers; the one holds that it was exercised merely by virtue of the‘Jus Publicum’ * * * | of the medieval ages; the other that the de- posing power, as exercised by Gregory VII and the other pontiffs, is inherent in the primacy, being included in the indirect power of the Pope in temporal things. This opinion is thus gxpressed in our article on Gregory VII pul- lished in Bronson's Quarterly Review, April, 1875: ‘The power 1self (i. e. of deposing princes) in radice, we hold isinberent in the papacy; che power in action or its exercise de- pends on external circumstance.’ Ihaye no quarrel with the Catholic laity; some among them are my warmest friends. 1 believe the laity do not understand whither they are drifting, They do not understand their real relationship to the church. I be- lieve I am their friend. [Laughter.] I think I am their truest friend, in pointing out to them that relationship, 1 am a poor man,a very poor man, and if you came to my house you would discover why. Sometimes there are processions there of poor men—I think my doorpost is marked. 1 donot say it as areflection in any way, for the Catholic church is not responsible for it in any way, but I am sure that very frequently among the callers are members of that church. They are never turned away because of that fact. They are as welcome as any other. It fortune to be banqueted several times in my life, and the very last time it was a Catholic organization—a Catholic literary society of which I was a member that so honored mwe. So itis not with the Catholic laity that1 bave any difference—it is with the doctrine of their church, wherein it stands antagonized to our American institutions. I now guote from Ecclesiastical Law, volume 1, page 259, &s jollo “Pope Pius IX himself in one of his di courses says, ‘that the right of deposing princes has nothing to do witn the pontifical infall bility, neither does it flow from the infallibil- | ity but from the suthority of the Pontiff. Of e a Catholic is bound not only to beiieve accept and obey what he otherwise com- mands.” Is this not plainly the right of the church to exercise the absolute right in temporal affairs? Yet Peter C. Yorke declares that if the Pope ordered him to go contrary to the Government of the United States he would disobey the Pope. Isay that the Roman Catholic church teaches that it KNOWSs no nations, knows no continents. but is above the state and exercises | dominion over temporal affairs. The Pope declares that the Roman Catholic, | | no matter where he is, whether in the United States, England, Germany or any other coun- try, is bound to obey the church. Dr. McGlynn disobeyed the Pope for a short time, but he had to do penance to get back. Scelesiastical Law, yolume 1, page 257, de- clares: “The authority of princes and the allegiance of subjects in the civil state of nature are of divine ordinance, and, therefore, 20 long as princes and their laws are in conformity to the }n\vs of God the church has no jurisdiction against them or over them. If princes and their laws deviate from the law of God the church has the authority from God to judge of that deviation, and to oblige its correction. * * * Whena Christian world came into existence the civil society of man became sub- ject to the spiritual direction of the church,” 1f the Government of the United States devi- ates from the laws of the Catholic church in the United States that church has the authority to exercise dominion over the country. The church teaches that it has the right to exer- cise authority over every co\mlr% n the world. Cannot the Catholic church, therefore, regu- late the laws to suit itself, If I can make the Senators at Washington change the laws to suit myseif, as C. P. Huntington is now trying to do,’'am 1 not exercising dominion over temporal officers? From the same work weread the following: “On the rights of the supreme pontiffs %n temporal matters there are four different opin- ions, ete, First is untenable. Second is heret- ical. Third adyvanced by Bellarmine and others maintains that the Pope has jure divino only spiritual, but no direct or immediate tem- poral power; ‘that, however, by virtue of his spiritual authority he is possessed of power in- irect indeed but nevertheless supreme in tem- poral concerns of Christian rulers ana people that he may therefore depose Christian sover- | eigns should the spiritual welfare of a nation so demand. Thusa matter of fact Pope Inno- cent 1V in pronouncing sentence of deposition against Frederick 11 explicitly says that he de- poses the Emperor auctoritate apostolicum et vi clavium, “Fourth opinion holds that the sovereign pontift has full spirjtual authority over princes no less than over the faithful; that therefore he has the right to teach and instruct them in their respective duties, to correct and inflict spiritual punishment upon both rulers and peoples, but that jure divino he has no power as asserted by Bellarmine, whether direet or indirect, in the temporal affairs of Catholic sovereignsorpegples. * * & & “The third and fourth seem to differ chiefly as to the deposing power of the Popes, but agree in granting that the Roman pontiff has an indirect power in temporal things; both may-be lawfully held.” The Pope deposed Frederick 1I by the au- ty the Catholic church vested in him. A catechism of Catholic doctrine, approved by the third plenary council of Baltimore and by my sick _friend, the Archbishop, and also by Cardinal Gibbons, has some startling things in it. Now I am going to read for you these ques- tions and enswess on matrimony Catechism, page 49. (Imprimatur, Arch- bishop Riordan of San Francisco. Approved, Cardinal Gibbons of Baitimore.) Quesuon— Can a Christian man end_woman be united in lawful marriage in any other way than by the sacrament of matrimony? Answer—A Chris- tian man and woman cannot be united in law- ful marriage in any other Way than by the sacrament of matrimony, because Christ raised marriage to the dignity of a sacrament. i Catechisi (same): Question—Can the bond of Christian marriage be dissolved by any buman power? Answer—The bond of Christian marriage cannot be dissolved by any human power. Catechism (slmc{: Question—To Teceive the sacrament of matrimony worthily is it neces- sary to be in the state of grace ? Answer—To receive the sacrament of matri- mony worthily it is necessary to be in the state of grace, and ‘it is necessary also to comply with the laws of the church. Catechism eame): Question—Who has the right to make laws concerning the sacrament of merriage? Answer—The church alone has the right to make laws concerning the sacrameni of mar- riage, though the state also has the right to make laws concerning the ciyil effects of the marriage contract. Catechism ~ (same): Question—Does the church forbid the marriage of Catholies with Furwn! who have a different religion or no re- igion at all? Answer—The church does forbid the mar- riage of Catholics with persons who have a different religion or no religion at all. Dr. McGlynn was not in good standing in the Catholic ciiurch atone time, and what he said then P. C. Yorke may say i3 not Catholic doe- trine, But Dr, McGlynn is now in good stand- ing in the Catholic church without taking back one word of the following: McGlynn—“The temporal power, the wealth lavished upon the church became & most fruit- ful source of corruption of Popes and Cardi- nals and prelates and priests. The Pope to a freat extent hecame a tomporal ruler, enrich- ug his family, Providing husands 'for his nieces and wives for his nephews. ¢ * * The Pope as & temporal ruler, making treaties with Spain against France and treaties with France against Spain, forming alliances with foreign powers against Italian principalities, and then | t the Pope defines ex cathedra but aiso to | allying himself with the Italian prineipalities l against those foreign powers. And thos C?ll‘k olic countries have had to iook upon him t m]e and again as a foreign enemy, and, while cl‘é i:z ‘Holy Fathet, they m‘reml:z:n and sem t L v g em out to shoot this holy fal Bez. ader VI of S1ohis went so far that Fope Alexander V1 of infamous memory—his Holiness ander VI, well ku’o’wn ‘as Roderick Borgia—had his illegitimate children occupyln# his many palaces. And Cewsar Borgia, & gredt “"'sd‘ buckler, a_bully, a buate, a desperado atid ad- venturer, in the name of and by the au Lvhurt'ly of his father, his Holiness Alexander VI, was actually traveling up apa aown the unfortu- nate Ifalian states kflling sud robbing and murdering in the name of his father, the holy {ather the Pope. And Lucretia Borgis, well known upon these theatrical bourds, Wwas another one of the_beautiful children of his holiness Alexander VI. And it is significant that at the time his holiness Alexander VI ruled the Roman church, & chubby, flaxen- Baired, little German boy Wds playing aroud the strects of & town in Saxony, & hoy whose name was Martin Luther. “All through the middle ages the Pope as- sumed as much as he could of power, tem- poral as well as spiritual. And he asserted his right to interfere with the feuds of princes, protesting that he did not judge con- cerning the fief that was in question, but concerning the sin; and in that pretense there isnothing in human_life which priest, Pope or Bishop could not jnterfere. 3 *‘And the Pope is trying to strengthen his alli- ance with England, with Russia, with Prussia, at the expense every time of the poor Catholic people of North Germany, of Poland, of Eug- and, of Ireland. The rope in politics! Look at the outrage recently put upon the faithfni people of Ireland by sending & commission of two Italian preiates to investigate them at the dictation of an English lord, in order to obtain the help of England in building up his rotten temporal thromne. ‘“The Pope in politics! Infallible! Most falli- ble of men. He can scarcely take & step but what he is sure to make a blunder worse than A crime because he has no business in politics. It should be his business to preach the Gospel, and every -man should stick to his own trade, and the ecclesiastical cobbler, like every other cobbler, should stick to bis last. And 8 man who might make a good priest would make, as arule, & very poor politician.” Peter C. Yorke has quoted Father Burke, one | of the greatest intellects known in Catholic history. I would give anything in the world if Ihad the gift of words of Father Burke or possessed his power of oratory. It was mar- velous. He was a word-painter —a man of great mind, He had a_passport through every diocese in the United States and England, and no wonder; and if ne were lecturing in 8dn Francisco I'would pay $5 togo and hear him. Father Burke says: “Since the day the Catholic church founded the civil goyernment it has never been able to stand on iis legs independently of her. From the time that civil goyernments first got on its legs it has never been able to work properly without the help of the church; and yet it has been coming in and taking up matters of which it knows nothing and in which its action is fatal to man’s freedom and man’s free will The civil government is the creation of the church. And yet afterail she hus doue for it | civil government has tried to encroach on the rights and_dominfon of the cburch in three ways—in education, in matrimony, in the ap- pointment to benefices.”—Burke. 259. Let us see about Rome and the little red schooihouse. ““And here it is that the great contest begins, which is raging all over the world to-day in every land and in every clime, | the church on the one side crying out, ‘Let me et to the children,’ and tie world on the.other and saying: I will educate them—you stand aside.” There is the great heresy of to-day, with which the church of God is contending with might and main—what education can the world give? It can make an intellectual monster.”—Burke, 32: f “1 find great faultwith tne political and legis- latve life of this nineteenth century. Thisage denies the church’s powers to interfere or dic- tate, or even advise; but the evils of the world will'never find their remedy until this worid and this age return again upon the old track | and kneel down before the church to receive | at her hand the graces of intelicctual power | without immorality, of meral virtue aud of the sanctification of its society, until the nations | hear her voice once more, and whether they | put the crown upon her brow or not. they will | admit her into their councils and deliberations, the only voice that for nearly 2000 years has sounded on the side of justice, mercy and | ciemency, governing the rulers and saving the | people from the wild ambition of kings and rulers.”—Burke, 286. “Paul V laid the republic of Veniceunder an | interdict in 1606 because of tne insolence of | the Government in prosecuting two priests for | capital crimes and promulgating two edicts: (1) Prohibiting the erection of any religious houses without the consent of the Govern- ment; (2) The alienation of property from the people 1o the church without the consent of the republic.’—Bullarum Romenorum Edder- shim, 105. % Father Burke said there was & contest be- tween the authority of the church and the | authority of the Government. And when he | comes 1o this country and says the church should have charge of the education of the | children I think he is claiming tor the church dominion in temporal affairs. Supposing the Archbishop of Ban Francisco got his salary as the Recorder or Sheriff, don’t you think the City of San Francisco should have & voice in his appointment? 1 will come {0 a close with this extract. You will not believe it unless you have great faith inme. 1 told my friends that I did not think the audience would believe it. It is from “Elements_of Ecclestastical Law,” vol. 3, pages 310, 311, 812, 314, 1 will translate from | the Latin. 1 reeret that I was educated in | the Enclish rather than in the Continental Latin. The pronunciation is different. The translation is as follows: Canonical effects produced by excommuni- cation, even at present. “The effects on the faithful are that they are bound, as we have seen, to shun and avoid the excommunicate (provided he is vitandus) like a_leper, spreading around him moreal conta- gion and misfortune.”—Ecclesiastical Law, 286. In what particular social or civil matters is it necessary for the faithful 10 shun the com- v of & vitandus? pro deiictis anatbema quis efficiatur, os, orare, vale, communio, mensa negatur.”’ First, by the word os is meant all speaking to or conversing with persons, publicly or privately, by word of mouth or in writing, by igns or words. Orare refers to private prayers. rhe faithful are bound to shun the company of & vitandus even in privete prayers. ‘“Vale” refers to external marks of respect or friendship or benevolence, such as saluting, | ete. “Communio” refers’ to every kind of | daily, civil intercourse, all association in busi- ness, etc. ‘‘Mensa” means eating with him in the same house, ete. 5 Hence, also, all those who knowingly assist at the funeral of a vitandus and accompany the remains to the grave are guilty of forbid- den intercourse with an excommaunicant and commit sin. For intercourse with a vitandus is forbidden, not only when he is alive, but :}11-.» ;\lheu dead, until he is absolved.—Ecc., 312, 310. God forbid that any man should be excom- municeted in the Catholic church, The man dies in the home and there is 1o one to assist in washing the body. Yet Roman Catholic Jaymen wiil fight for that institution with a zeal that is marvelous. When I read that last quotation in my study it was five or ten minutes before' I could get my eyes to reed another line. I think of my owniamily and I think of the Irish Romsn Catholics who are the most loving to their wives and families and yet they are not al- lowed to have a friend come into their home when there is a death, and the amazement is their loyalty to the Koman Catholic church, Do you wonder that we who read and think of these things have the right on our side? . Major Sherman—This court now stands ad- journed until 8 o’clock to-morrow night. BIG RENT ATTACHMENT. Haslett & Bailey, the Big Warehouse ¥irm, Levied On for $10,545 by W. H. Martin & Co, Haslett & Bailey, proprietors of the Beale-street, Hathaway, United States Bonded, Humboldt and Pacific ware- houses, were yesterday attached for $10,- 545 by W. H. Martin and John Ballard of the firm of W. H., Martin & Co., for unpaid Tent on property on Spear street, near Harrison, By the terms of a five-year lease made March 4, 1891, Haslett & Bailey were to pay $2850 a month as rent for the build- ings. Last Marcn 1t was mutually agreed that the rent snould thereafter be $2500 a month. The complaint avers that from April 1, 1895, to Fegrunry 1, 1896, the rent amounted to $25,000, but that only $14,455 has been paid, leaving the amount for which an attachmeni has been levied on everything in San Francisco and Alameda counties assessed to Haslett & Bailey. The property attached in this City in- cludes the different warehouses, while in Ala\::eda there are several pieces of real estate. . —————— ‘Warde to Lecture. Frederick Warde. the tragedian, has con- sented to give a lecture for the benefit of the Women’s Exchl.nge on Wednesday sfternoon, the 4th prox, at Golden Gate Hall. His subject will be *“The Women of Shakespeare.” SR e A New Special Agent. DeWitt Clinton Jackson of the United States Treasury Department has arrived from the East and will enter the service under Special Agent Moore in San Francisco. He comes from Niagars Falls, MUST TURN STOCK OVER, Five Thousand Shares of the S. F. and N. P. Railroad Out of Pledge. THE DONAHUE ESTATE WINS. End of the Long Seige of Litigation Which Has Involved the Donahue Road. The litigation over the stocks of the San Francisco and North Pacific Railroad Com- pany has ended so far as the Superior Court has been concerned. Judge Heb- bard has decided that the 5000 shares of stock held by the defendants as security for the satisfaction of certain claims against the road or their value must go to the plaintiff. These 5000 shares, valued at $101,250, formed the principal feature of the case. When the San Francisco and North Pa- cific Railroad Company changed hands from the Donahue estate to the present owners, the Seligmans and their connec- tions here and in the East, it was agreed that certain suits against the road should be taken up by the old management, and that the rights of way should be made clear of all liens. These rights of way played a most important part in the suit. To seeure compliance with these agree- ments 20,000 shares of the stock were pledged to the Seligmans. Soon after the pledging of these shares of stock 15,000 shares were sold and the proceeds were distributed. Then the re- maining 5000 shares were sold, but the pro- ceeds were not distributed, ‘and for the proceeds of this last sale the plaintiifs, McGlynn and Burgin, as executors of the Donahue estate, commenced suit. The question rested upon whether or not the agreement to secure which the stock was pledged has been complied with. The railroad itself intervened in the suit, claiming that it was a party in in- terest. It demanded that the stocks be retained from the plaintiffs. The de- fendants answered the complaint from in- formation and belief, and left the contest of the case to_the intervenor, after taking from it an indemnity to protect them from any judgment which might be en- tered. As a consequence the judgment deals most directly with the intervenor. In rendering decision Judge Hebbard says: The stumbling-block in this case has been the expression in the contract of “liens for right of way.” There 1s such a thing as lien for right of way known to the law, which exists, of course, where a right of way has been sold and a vendor’s lien is acquired ior the unpaid purchase price. in some States also, of which California is not one, when a person is entitled to go into possession after condemnation proceedings brought under eminent domain, and before paying the value of the land, the land-owner then is given a lien for aTigntof way equiva- lent to & vendor's lien. But the right 1o this lien does not existin California. In this case it nowhere appears that any one has a vendor's lien upon any portion of the railway company’'s roads by virtue of a sale and purchase and non-payment of the pur- chase price, and no lien has been acquirea by any one by reason of the railway company taking possession under condemnation Fr(r ceedings in eminent domain, and, therefore, the railway company eitherowns ail the rights of way because it has bought and paid for them, in which case there would be no lien, or itis a trespasser, and if a trespasser only, the owner of the land can have no lien, but is the owner of the full title and may maintain eject- ment for its recovery. Ehiladelphia . K. Co. v Cooper,105 Penn., 2 There are no such liens for right of way against the San Francisco and North Pacific Railway Company, as the intervenor contends is intended by the'langusge of the contracts, The language used means just the liens and i ch have been paid and discharged by plaintifis, and it is in evidence that on the Sth of March, 1895, the defendants, J. & W. Selig- man and Landenberg, Thalmann & Co. so ex- pressed their opinion of its meaning in a tele- gram to defendant P. N. Lilienthal, and in that office of attorney.” Jesse W. Liliznthal was chosen in place of Sidney V. Swith. It was expected by parties interested in the road, by reason of recent litization in which A. W, Foster and Sidney V. Smith figured as opponents, that an effort would be made to prevent the election, but no move in that direction was made. The capital stock of the company is rep- resented by 60,000 shares. Of this number 46,175 shares were, by the cumuvlative pro- cess in pursuance of an agreement run- ning for five years, voted for Foster, Mark- ham, Newhall and Lilienthal, and 9195 shares were voted for the other three. The balance of the stoek was not voted, for the reason that the proxies were not legal, not having been registered ten days before election. Ay Stdney V. Smith, who holds a little in excess of 12,000 shares, voted for himself, but the chairman, Mr. Foster, refused to recognize the vote in view of the fact that under the agreement they had been under the contract voted by Foster and Mark- bam. By reason of thisaction, Mr. 8mith, who could have become a member of the minority portion of the board, was de- feated. i President Foster after the meeting said he expects that steps will be taken to have the election declared illegal, but believed the action he had taken with rezard to Mr. Smith’s stock was correct. He said also that there wasno talk of consolida~ tion with the North Pacific Company. Mr. Smith said he was not disturbed by the action taken at the meeting, for he an- ticipated the result, and in view of the re- cent decision of Judyge Angelotti he had prepared for future action. Judge Ange- lotti of the Superior Court of Marin County was applied 1o some time ago by Mr. Smith for an injunction to restrain those who are parties to the agreement from voting his stock, but the Judge de- nied the prayer on the ground that the pe- titioner had ample remedy under the pro- visions of a section of the Civil Code, and that remedy is to commence an action to set the election aside. Mr. Smith said this would be done in the coutseof a few days, and in that proceeding the question of the right to vote the stock according to con- tract will be determined. 3 J. B. Stetson, one of the new directors, is the general manager of the North Pa- citic Coast Railroad Company, and he and others connected with the company own 16,000 shares, and it is claimed that these in conjunction with Mr. Smith endeavored to obtain control with a view to consoli- dating the North Pacific Coast and the San Francisco and North Pacitic Coast Railway companies. A SOLAR STEREDPTICON. 15 M. Hutchings, Yosemits’s Guardian, Strikes a Clever Idea. Utilizes Sunlight by Means of a Re- flecting Glass, in Place of the Expensive Calcium. James H. Hutchings of Yosemite Val- ley fame has perfected a very clever de- vice for utilizing the light of the sun for stereopticon purposes. He calls his in- vention a “solar stereopticon.” It consists of a glass mirror, adjustable by means of a slide and thumbscrew to any angle, and the regular lenses of a stereopticon. Its operation is simplicity itself. The stereopticon is set in a window, the glass reflector extending outside in the sunshine, while the lens end of it is in the room. The window-sash is brought down into the square groove on top of the machine and serves to hold it steadily in piace. Curtains are drawn over the window and about the stereopticon and, with the light excluded from the windows and a sheet tacked upon the wall opposite, everything is ready for the entertainment, supposing that the lecturer or showman with his slides and his audience be there. Such were the conditions in Mr. Hutch- ings’ rooms on Sacramento street yester- day afternoon, the audience being a few invited friends, The bright sunlight, flashed through the Jenses by the little reflector not much larger than a lady’s hand-glass, did the The Clever Device of J. M. Hutchings for Utilizihg Sunlight for the Uses of the Stereopticon. telegram these defendants consented to a de- livery of the 5000 shares of stock, but the delivery was not made by their agent here in | whose possession the stock then was. Incidentally it may be said that the inter- venor now has title by adverse possession to all of its lines of roads, having been in undis- turbed possession for much more than five years, Let a judgment be entered for a return of these shares of stock to plaintiffs as executors of the estate of J. M. Douahue, and for plain- tiffs, and against defendants J. & W, Seligman & Co. and Ladenberg, Thalmann & Co., in a sum equal to the amount of interest on $101,- 250 from January 28, 1895, to the date of the entry of the judgment, at the rate of 7 per cent per annum, for damages as aforesaid, ana against said defendants and the intervenor for costs, THE ANNUAL MEETING, Election of & Majority of the Foster Combina- tion Direotors. The annual election for directors of the San Francisco and North Pacific Railway Company was held yesterday, and what is known as the Foster combination suc- ceeded in electing the majority of the board, while Sidney V. Smith, who repre- sented the minority, was not only left out in the cold, but was deposed as the attor- ney for the company. The directors chosen are A. W. Foster, Andrew Markham, George E. Newhall, P. N. Lilienthal, who compose the maiority, and A. Borel, J. B, Stetson, John L. How- ard, the minority. After the result had been announced, the gentlemen named with the exception of Mr. Howard, who is not in the City, or- ganized and elected the following officers by the majority vote: A. W. Foster, president; P. N. Lilienthal, vice-presi- dent; Thomas Mellersh, secretary and controller; H. C. Whiting, general mana- ger; the Anglo-California Bank, treasurer. . X. Ryan, general passenger and freight agent; W.J. McMullin, his assist- ant, and W. G. Corbaley, superintendent, are continued in their respective positions, and, asthe president said, “'there will be no change in the personnel, except in the work of the cumbrous and expensive cal- cium light. As the sun moved and a | shadow "was thrown upon the canvas a touch of the thumbscrew brought the light fairly into the ceter azain. The pictures were thrown upon the screen with re- markable distinctness. Mr. Hutchings is an expert with the stereopticon, made so by years of its use in his lecures upon the Yosemite, and the results gained with the reflecting glass give him the greatest satisfaction. He has been werking upon the apparatus for three months@ast, and has just arrived at what he considers success, and yesterday’s little entertainment was the first practical demonstration he has given. Mr. Hutch- ings thinks his machine may be used with great benefit in the public schools, OPPOSED TO PAVING. Mass-Meeting of Ninth-Avenue Prop- erty-Owners to Sidetrack a Super- visors’ Resolution. The property-owners on Ninth avenue, between Fulton and Lake streets, do not want a bituminous pavement and granite curbs with the expense incident to such improvements. > A mass-meeting was held in Mohr- mann’s hall, on Clement street, last night by members of the Point Lobos Club and other real estate owners in that part of the Richmond district to request the Board of Supervisors to postpone indefin- itely the board’s recent resolution to pave in bitumen and sewer Ninth avenue, in ac- cordance with a petition presented by tihe Richmond District Improvement Club. The proposed pavement wouid be nearly .a mile long and, together with the granite curbing, would necessitate an expense of $150 each to each of the 350 lots along the line, throughout the lenzth of which there are but twelve houses and three sheds. That is why the property-owners object. Not, lang ago one style of street for which they had contributed was supplanted by the present macadam and wooden curbs, not meet with the approval of the men who have to bear the expense. i A memorial to the Board of Supervisors was drafted last night and signed by the forty or more property-owners present. The concluding paragraphs practically de- clare that the expensive improvement is not necessary por is it desired by those most interested, and a request 1s made to the Board of Supervisors to file the inten- tion of the proposed work and to let the whole matter rest until such time as per- sous owning a majority of the Jots fronting on Ninth avenue shall petition to have the subject acted upon. The following committee was appointed by Cnairman George R. Fletcher, presi- dent of the Point Lobos Club, to wait upon the Street Committee of the Board of Supervisors: The Rev. Father Cayle, Thomas Farrell, E. ¥ Dennison, Daniel Fenton, Edward McGingley, John For- Wine, Felix McHugh, George W. Allen, William Crosby. The executive commit- tee of the Point Lobos Club and as many of the other property-owners as poussible will be present to add’ force to the expres- sion of sentiment, J. G. Maloney, secretary of the Ricu- mond Improvement Club, was at the meeting, Replying to the insinuations that the Richmond Improvement Club members haa fathered the threatened financial oppression of owners of Ninth- avenue property, he explained that it was only for the good of the whole district that last Octover his club made the re- quest to the Board of Supervisors to have Ninth avenue declared a boulevard. This was done becanse on First avenue there were two dangerous railroad curves, one on the Sutro electric line and one on the Sacramento-street cable line; because Sec- ond, Third, Fourth and Fifth avenues were intercepted by the Bay District racetrack; because Sixth, Seventh and Eighth ave- nues were already occupied by car tracks; and finally because Ninth avenue was the only avaif‘;ble unfranchised thoroughfare to be permamently secured as a driveway. ————— California Made Boilers, The Manufacturers’ and Producers’ Associa- tion is determined to have s many California made steam boilers in use as possible, and con- sequently its oflicers are constantly on the alert to find prospective purchasers with the view of inducing them to buy the Lomemade article, price and quality being equal. Yesterday As- sistant Secretary F. H: Dingle wroteto theSelby Smelting and Lead Works requesting that company, which is about to purchase a new boiler, to select one of Caiifornia make. A similar letter was forwardec to Cyrus Hub- bard. Mayor of Sacramento, requesting him to do all in bis power to patronize home indus- tries in parchasing two new boilers for the ‘water works of Sacramento. B Fell ¥rom the Wharf, Harry Costello of the ship John D. Tallant, lyiug at Folsom-strcet pier 2, fell from the wharf yesterday afternoon and struck against the side of the vessel. He was fished out of the water and taken to the Receiving Hospital, where it was found that two of his ribs were broken and he had also sustained possible in- ternal injuries. NEW TO-DAY. 6 Red Letter Days.” 1t's the plece of furniture that you don’t often buy 8 “sales” that we make special features of during “Red Letter Days.” Here’s a chance illustra- tion : “Cobbler Seat” Rocking Chair. Made of solid oak—polished— with beavy embossed sole- leather seat (scooped - out wood seat if you'd rather have it)—3$2 25. There’s just 54 of them— they may all be gone by noon. We wish there were more, for each one means a new friend—a new customer for us.: This is only a sample of what ‘‘Red Letter Days”| mean. Those $5 Chiffoniers we advertised yesterday were all sold by 10 o’clock. Itspays to come early dur- ing ‘‘Red Letter Days.” Car-pets . Rug: Mattings CALIFORNIA FURNITURE COMPANY (N. P. Cole & Co.) 117-123 Geary Street. BUSINESS MEN DOIOT MAKE INVESTMENTS WITHOUT carefal consideration of a!l details. When they BUY They make sure they are getting their money's worih. Same with a bicycle. Don't buy until you see a number of the best. We claim to have the best, and not only that, but believe we can prove {t to you. All we ask is that you fayor us witha call and see the Sterling Bicycle “BUILT LIKE A WATCH.” Send for Catalogue. Free. STERLING CYCLE WORKS, WM. V. BRYAN, MANAGER, and the suggestion of a third change does 1 314 POST STREET, S.F.