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THE SAN FRANCISCO CALL, SUNDAY, OCTOBER 7, 1900, N 15 ———————— = *hillpph d because ths Rimes o Npatn ke oy viztue of pis patronage in certain cases 1t does not fdl- | low that the United States can take their action as a precedent. h tion then concerning the case ’ at issud resorves Ieself nto his: 'Did"the Spanish crown clalm the right to admin- lste;l the College of San Jose in virtuc of t! e civil law or in virtue of the canon law. The Archbishops claim that the MEXICAN FARMS DEVASTATED BY S HISING HIVEHS ] Ch 11 P t A t EG 1 against the ordinary of the plice by a Archbishop Chapelle Presents Argument on Eeclesi-| s @anmirms Suninia o b -y ———— | management of the local bishops. the McKinley house was occuped | . . I ey . . . This is how the case slar‘tds now. {‘\;rc‘)c\; C tt _ Albau h and prepa “Q;n. vhr the return to Washl i ishop C! lle traces the resem | ton_c onday. 1 astical Title to the Philippine Commission. vikts il St e Sl | Committeeman Albaugh and |ty srmacs ; with the President S et e e -!—H-H—H—-H—H—l—!—h%:i | {2 e e il o H I DAV s i i i may to the rai g n—— The guestion of title to church property in the Philippines—of which there is a vast amount—is i B ol At soversignty n N Mfi‘\}r;!‘fisk?‘ Jet. & —Tjhe Seate Pro @ i i sland ay: he s tion ticket was completed h. one of the most complex confronting the commission of which Judge Taft is president. It has been for- + thre islands. He says of the Philippines | State Has Seen Four Years of Pros- mp hare i '!‘ Four More. PRI AT : [} v official verbiage, is presented to its readers. A history of the case introduces the argument. : e e 2 ., | e Mohammcdan S ituation. The | baugh, chafrman of the Republican State ders Will“}se;ppoigted Among p "' Catholic church will help you to establish | Committee, said to-day: the Factories. and_holds that the legal principies ap- | . 3 plied there should hold alto in Manila, | (GFOVErnor Stanley Predict e . = “This is a Catholic country. The peopie | ing the vacancies as folio mally raissd by the protestof the Archbishop of Manilaagainst the recent takingover by Major General Otis are dee:!) attached to their religion. An; perity and Its Citizens Are Will- H. G. Damon; L. of the Royal College of San Jose in Manila. The Archbishop’s plea for the college is backed up by the w and 4 to advance| “The Republicans will carry Kansas by e tateata, of the Datted States and of | not less than 2,000 majority. Kaneas has Perhaps one of the most significant para- z e Big Msjorities. Adams: El argument of Monsignor Chapelle, papal delegate to the Philippines. As this argument must be taken pino people h all her might. | ajways been a Republican State except on will be more than overcome by t Republican gain among farmers. They 3 bave been prosperous under McKinlev administration and many of them vote for him in the belief that a changs of administration will bring about a change of the present prosperous condi- tlons. While a big wheat crop contributes to prosperity in Kansas, there a ar elements entering into our prosperous country which have been created largely by the national administration.” At the McKinley Home. — Hundreds of Houses Swey Away and Many Drown- ings Reported. K afternoon and spent Hayor Jonss of Galveston Denies Clara Barton Heas Left on their feelings or a hostile attitude toward the 1d work incaicu. The American Gover: 111, re, not make the mx.’ take of Eng toward Ireland or of & | Russia toward the Poles; it will rather S v the cxample of the former in her V. latter toward INDEPENDENT GLASS MAKERS ORGANIZING ROTRE N M Ot € alte W - ‘Will Establish Headquarters and Or- graphs in the delegate’s ,lea is where he ing to Cast Ballots for |D. H. Ha as the stand of the church on this important guestion it has been secured by The Call and, stripped of its Spectal Dispatch to The Call. ON ESTABAN RODRIGU FIGUERAO, Gov are now at ment in North America, n n Harvard Colle was fou ce ploneer had rea ized the necessity of education for. the sons of the men who were building up the S ilippines. By his 15%, he provided for n of a college in the city of ‘where various well-born young up in virtue half a washed away whole Vil- | gpentards may be t of meme ot | N t® Ao or W. C. Press to Barton ed Cross peopie. l‘-’-’" “Rs GIgEY. | THE BR OF tury and a ADVERTISEMENTS. TALL CORN DIRECTORY OF RESPONSIBLE HOUSES. Catalogues and Price Lists Malled | out by ¢ the case Wheelock. Don Estaban Rodriguez de Flguerao was of the ed of the g t captains who were the successful agents of Span- ish imperialis: Of Portuguese blcod, he was born in Africa, but became a 8 | H IN THE CASE OF THE ROYAL | ish cf ce zen and came to Mexico in the ser- the Ki ? Spain. From Mexico | th Legaspi, the con- | s s, and afterward un- ok the subjugation of Mindanao, ad- | g the cost of the expedition from | tate. Toward the end of the e missionary activity of the s height. They had id church in Manila in )t surprising, therefore is will provides for the foundati of the college of San Jose as an independent institution, one of the 1 s_of the document directs “the Provincial that now is or his suc- the company of Jesus (Jesuits) sh the pupils with sufficient mas- and, moreover, provides that “the d Father Provincial shall be the pa- and administrator of sald college . n enter therein without * The college existen inistered by lege continued to flourish until | th middle of the. seventeenth century, when a series of destructive earthquakes imost destroyed Manila. St. Joseph's red much because its endowment was | chiefly in house property, a time to time, with all other institu- alms from the royal treasury. But ate ben: eficence was not wanting. The | 0 was their devoted | - of San Jose was a civil institution "lke the State college at serkeley. The con- tentlon of the Archbishops is that it was a “plous work,” or private corporation, placed in the hands of the church for administrati The main reliance of the Filipino Medi- cal Association appears to be placed in the the royal patronage. While Fig- uerao in his will makes the Jesuits the patrons and forbids any authority ecclesi- astical or civil to interfere with them in their administration, yet when the Jesuits were suppressed this condition became in- capable of fulfillment. Now, according to ordinary church law, the Bishop of the place is entitled to enter upon lapsed trusts of this nature and to make such commutations as may best carry out the wishes of the founder in the altered cir- cumstances. This the Archbishop of Ma- nila did in 1768. He converted the college into an ecclesiastical seminary: but the | Spanish throne of 1771 annulled his action, | restored the college to the lay students and claimed the right to succeed the Jesuits as patrons. The decree was car- ried out. The Filipino Medical Assock tion claims that this action demonstrat: that the college was considered a purely civil institution and therefore now under the control of the American authorities. To understand the argument of the Archbishops it is necessary to explain the nature of the union of church and state as it existed in Spain. In the canon law of the Catholic church the fundamental idea is that the church is a supreme and independent soclety in spiritual affairs, while the s a supreme and_inde- pendent temporal affairs. Hence the church a sovereign power as the tate is a sovereign power. The church is tment of the civil government, with the civil government on precisely the same lines as one civil gov- | ernment would deal with another. The church enters into treaties with the state as Germany would enter into treaties with France or England. The Catholic church has within the present century concluded about thirty of treaties or con- cordats with different nations in different parts of the world. Of course the fact that a nation enters into such an agreement with the church implies that such nation considers the church a society capable of making such ty. Other peoples may think other- but the contracting nation admits & when it makes a concordat, and when by the terms of such a concordat certain privileges in matters of religion are grant- ed the state the state confcsses that it does not hold such privileges of its native | and natural right, but of the grace and grant of\ the church in whose jurisdiction sovereign independence of the church | Her moral influence is greater than any other like force that exists in these islands. Should you, for instance, take away the college of San Jose from the ad- ministration of the church on some legal technicality, if any existed, and I do not think any can be found, it would be the initiation of a disastrous policy. The pleasing of a few men who have sys- tematically deceived the Americanauthor- | ities, the satisfaction that would accrue | to fanatics by making “Rome howl,” as | ing is, the insult to the church of ountry, the management of a few T donars’ | ircome—these things will not justify the United States in de- church of ch she has lawfully en-| | be seen. therefore. that this case | of no ordinary interest. the free silver question, and that is no Seventy-five million bushels of wheat sold at a fair price, more hogs and cattle than ever produced before bringing rich returns, increase business men, increased out- put from mines and workshops, all lead- ing to a greater demand for labor, general State and an almost universal approval of President McKinley's course in the Philip- pine war and in the Orient, make Kansas safaly Repubiican this year.” Governor Stanley sald: n that the Republicans will carry Kansas ar by an increased majority. There n from the Republican party German voters. although feel confident the organization of dow Glas: m old American Glass Company. It is at the independent men w art with a combined dai T boxes of glass. This, with output of the co-operative i sufficient to supply the de country. If This defection, | If Any One Else Said It but Us. The (reatest Overcoat on Earth at the Price or Double Our Price. It’s a swell Winter Overcoat tailored with rare excellence as to de- tail and fine points in tailoring, in the nquy shades Steel Grey, Pearl Grey and Tan The three new and swell shades. 4 . doesn’t come by accident. A | Bishop of Carmi fertile soil and careful cultiva- | COllege, by an alumnus of the | they natlrally originate. ?mhduvd |nr1:,;:~=‘x l»‘!zhnhva‘l‘\rl;j As a historical fact the union of church i © to the corporation, whic | and state in Spain was based e tion are necessary to produce lemented in 1711 by another from | sions made by the church to Olr;lecoil:gelf‘. the towering stems and heavy | the Dr. Don Domingo de Valencia. | o y cars About 1640 a dispute arose between the | f o Concessions made by the state to | S . the church. The famous bull of Alexander Yet the farmer who under- and Dominicans as to precedence, | VI, giving the newly stands that he can’t have a of St._Thomas was a|the King of Castile, bealthy com crop withaut | enlnldliif‘m “i-mmd_vnu 0r’|d avor to send to feeding apd weeding, seems p sald islands and continents good. God- = > g ity, therefore, held itself i . fo think that he can’ have a | Superior toSan Jose, which was only 4 | (CAHINE, learned, wise and expert men to healthy body without either | college, but San Jose was the older foun- | {n*iTuct the said matives and inhabitants care or culture. But the body | dation ‘and relied on the dignity of age. Sha “all dill : - . g : good morals with all diligence that may f\b"b: ugs_;p;irsfit;: carg ia, solved the dificulty Dy ap-{ be proper.” The same Alexander aisy y 1 a of e on Applieation. ATTORNEY. ¥. H. MERZBACH, lawyer, 502 Cal. Clunte bd. COAL, COKE AND PIG IRON. J.C WILSOX & C9-. .. COPPERSMITH. The Price=-=- Here’s where we show our strength as King Santa Tomas was s he Spanish throne and obtain- several chemical elements on which vitality depends. And what weeds are to the corm, discases of the stomach and nutritive systems are to the body ; they divert the neces- sary food supply from the Eroyer channels, and the ody becomes lean, sickly and ill-nourished. The proper digestion and !':fr‘r[ra] E?m eer. 36 st s SH AND SALT MEATS. JAS BOYES & CO. P 5. P ™ GALVANIZING AND METALS, METAL. type metal. San Fran mary essential of health. By heflins diseases of the stom- ach and organs of digestion and nutrition, Dr. Pierce’s Golden OILS | LEONARD & ELLIS, Phone Main 1715. PAINTS. the digestive and assimilative powers, stimulates the action er & Lubricating Olls, Schnelder’s Mining of the blood making glands, G. CLINCH & CO. 8 Front, 8. F. and sends to every organ of the ————— il body the rich red-corpuscled PRINTING. blood on which physical vigor E C HUGHES, $11 Sensome ot 8. 7. and vitality depen I took two bottles of Doctor Pierce’s Golden “Medical Discov- Cilrence Crnes, oo of Taytors rence es, Esq., ors- town, Loudoun Co., Va. *It did me s0 much good that I didn't take any more. I can eat most anything mow. I am so well pleased with n& hardly know how e § e in, wrote to you. There was a gentleman told me PRINTERS. BOOK BINDERS. 1E HICKS-JUDD C€O., 22 First st., San Francisco. . STATIONER AND PRINTER. | PARTRIZGE > 9::.!3."*“1‘ ! - BRUSHE FOR BARBERS, BAK- ers, bootbiacks, batn- houses, billlard tables | vrewers, bookbinders, candy-makers, canners, | é flourmiils, foundries, laundries, paper- | hangers, printers. painters, shoe factories, ta- blemen,” tar-roofers. tanmers, tallors, ete. EUC4ANAN BROS., Rrush Manufacturers, 609 Sacramento St. 't I would have done if it had mot been for Dr. Pierce’s Golden M ical Discovery.” Dr. Pierce’s Pleasant Pellets regulate the bowels and cure constipation. assimilation of food is a pri- | Medical Discovery increases | n to call their institution the va lege of San'Jose. It is on this title that much of the present controversy hinges. In 1767 the Jesuits were expelled from | Spanish territory. Their property was | seized by the crown, but as they had only | the administration of the College of San | Jose this ed into the hands of the ! Archbi as trustee for the church. | | Here, however, the Spanish Government | rvened, and, claiming the right of| substituted itself for the So- ty of Jesus and committed the admin- istration of the college to a member of the Metropolitan Chapter. About twenty- | five| years ago another arrangement was made by which the Unlversity of St. | Thomas undertook the management of the college, which arrangement was in | force at the time of the American occu- pation. In August of last year Major General Otis by personal letter, without hearing the representations of the college | faculty, closed the course of studles— medical and pharmaceutical—and under- took to confiscate the college and turn it over to a private soclety known as the Philippine Medical Association. Against this action Archbishop Nozaleda protested before the lately appointed United States Civil Commission, and his protest {s backed by an exhaustive statement from Archbishop Chapelle, the Papal delegate. The whole question turns on the nature of the right the Spanish Government had in the college. e United States suc- ceeds Spain In the {slands, but it succeeds with a difference. In Spanish times theres was a union of church and state; under American rule such a union is unlawtul. The United States succeeds Spain only in Spain’s civil rights; it does not succeed Spain in Spain’s ecclesiastical rights. The question. therefore, to be solved is this: Are Spain’s hts in the College of San Jose—and incidentally in other property of the same nature—rights which spring from the nature of the civil power or do they arise from agreements and conces- sions made by the ecclesiastical author- itles? The contention of the Filipino Med- . lcal Association is that the Royal College granted the Spanish crown the right to appropriate the church offerings or taxes, known as the tithes and first fruits in their new possessions, comprehended un- der the common title of the Indies. Again this concession was accompanied by ths condition that the state should “make a sufficlent endowment for the churches in the said Indles, with which their prelates and rectors may be able to sustain them- | selves, pay the charges that may be from time to time incurred by said churches, etc.” The object of this ar- rangement was no doubt to secure the erection of churches with greater rapidity in the new ter- ritorie: It will be noticed, how- ever, that the church gave value to the state for the money received. The tithe, a purely ecclesiastical tax, and the first fruits, a kind of _ succession duty on church sitions, payable to the Holy See, yielded no small revenue. Pope Julius II, in 1508, granted a still larger privilege to the King of Spain, namely, the right of universal patronage. That is to say, in consideration of the ef- forts made to spread the Christian faith and to safeguard the temporal interests of the monarch, the King of Spain was allowed to name all the bishops and other ecclesiastical officials supported by the church endowment. The language of the concession Is sweeping: ‘‘We grant the privilege that no churches be ereoted without the consent of the King of Spain in such islands and continents now ac- quired or that may be hereafter acquired, and we grant to the said King the right of tronage and presentation for all tles, colleges and other ecclesiastical benefices and plous places.” The right then to interfsre in church matters granted by the Popes to the Ki; of Spain was conditioned on the mynfi support and endowment of the churches. Hence when the United States succeeded the Spanish crown and declared that ft would no |onfer observe the burden of the contract it of course lost the favor of the coptract. The right of patronage no longer belongs to the actual govern- Pins for Overcoats— here’s where we capture and captivate you— $7.50 for an Overcoat like we mention and describe. On sale Monday—Men’s Overcoat Room, second floor annex. An entire floor devoted alone to Men’s Overcoats.