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Page:Catholic Encyclopedia, volume 10.djvu/576

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MONTANES


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MONTANES


act was procured by Bishop Urondel who incorporated under the name of the "Roman Catholic Bishop of Helena".

Exemption of Clergymen and Church Prop- erty. — All clcrK>Tnen are exempt from jury duty. The constitution declares that "such property as may be used cxchisivply for ai;ricultural and horticultural societies, for educational purposes, places for actual religious worshij), hospitals and places of burial not used or held for jirivate or corporate profit, and insti- tutions of purely public charity may be exempt from taxation (.\rt. XII, Sec. 2), and the statutes declare the exemptions in the same terms.

Marriage and Divorce. — Marriage may be con- tracted by mutual consent followed by a solemniza- tion or public assumption of the marital relation. The marriageable age is eighteen in the case of males, and sixteen in females. Marriages between ancestors and descendants of every degree, between brothers and sisters of the half as well as the whole blood, and between aunts and nephews or uncles and nieces, are declared void ab initio. So likewise are marriages be- tween a white person on one side, and a negro or a person part negro, or a Chinese or Japanese, on the other side. Marriages contracted without the state and valid where contracted are valid within the state. Licences are required to be issued by the clerk of the court of the county where the marriage is to be solemnized, and a return must be made by the officiating clergyman or officer. Licences cannot be granted to minors without the written consent of the parents or guardian. Marriage may be solem- nized by a justice of the Supreme Court, judge of the district court, justice of the peace, priest or minister of any denomination, or mayor of the city, or by religious societies. It need not be solemnized at all if the parties make and file a joint dec- laration giving their names, the fact of marriage, the date of marriage, and that it has not been solem- nized. Marriages licensed and not solemnized as pro- vided by law are forbidden, but are expressly declared not to be void.

Divorces are authorized for six causes, viz. adultery, extreme cruelty, wilful desertion, wilful neglect, habit- ual intemperance, and conviction of felonj-. The constitution forbids the passage by the legislature of any special law granting divorce, or separation a mensa el toro, or decrees for separate maintenance, a power the early territorial legislatures freely exercised. Residence in the state one year by the plaintiff is a requisite of jurisdiction.

Liquor. — The sale of liquor is permitted under licences issued by counties and cities. Local option is authorized by law, but the traffic is not prohibited in any county. The employment of women in places where liquor is sold is forbidden, as is its sale in places of public amusement, or at any camp meeting, or near any cemetery. A law, known as the "Wine Room Law", makes it punishable to have in connexion with a saloon any room or apartment into which females are permitted to enter.

Wills and Testaments. — Wills may be made by any person over eighteen. If in his own handwriting it need be neither witnessed nor attested; if not, it must bear the signatures of two witnesses. A nuncu- pative will may be made orally disposing of an estate less than SIOOO in value, when the testator is in actual militar>' service in the field, or doing duty on ship- board and in peril or fear of death, or when he is expecting death from injury received the same day. A wife has a dower right in her husband's real estate, but he has no interest in her property except that she cannot without his written consent deprive him by will of more than two-thirds of her estate. The will of an unmarried woman is revoked by her subsequent marriage, as is that of a man made before he marries by his subsequent marriage, unless his wife is provided


for by contract or in the will, or unless the will ex- pressly excludes her from taking.

Charitable Bequests. — Charitable bequests con- tained in wills made within thirty days of the death of the testator arc void. If the aggregate of such be- ()ues(s in any will exceed in amount one-third the value of the estates, and the testator have legal heirs they are scaled down until their sum does not exceed such amount.

Ce.meteries. — A law applicable specially to that subject authorizes the incorporation of cemetery asso- ciations. Burial without a certificate of death is made punishable, as is violation of sepulture, defacing of graves or monuments, or neglecting to bury the bodies of dead kindred.

Mont. Rev. Statutes of 1907; Historical Society of Montana Contributions; Parkman, .4 Half-Century of Conflict (St. Helena): Palladino, Indian and White in the Northwest (New York); Dye, The Conquest (New York); Irving. Astoria (New York): Chittenden, Early Steamboat Navigation of the Missouri (New York); Hall, Montana (New York); Report of Supt. of Pub. Instruction of Montana for 190S.

T. J. Walsh.

Montanes, Juan Martinez (d. 1649), a noted Spanish sculptor of the seventeenth century, some- times called "the Sevilfian Phidias". Like many of his countrymen, he confined himself almost exclu- sively to sculpture in wood. According to Palomino, he was born at Seville; according to Gordillo, his contemporary, at Alcala la Real. He studied under Pablo de Rojas at Granada; and later settled at Se- ville where most of his works are to be found. One of the earliest is a charming Infant Jesus (cathedral sacristy, Seville) bearing the date 1607 and the sculp- tor's signature. In 1610 he modelled the head and hands of the statue of St. Ignatius Loyola — used in the religious celebrations of the beatification of the saint (chapel of the university, Seville). This image, clothed and coloured by Pacheco, is esteemed one of the truest and most Eesthetic representations ever made of the soldier saint. The St. Francis Xavier in the same place is attributed to Montafi^s. In 1612 he executed for the Hieronymite monasterv of S. Isidro del Campo, near Seville, the life-size penitent St. Jerome, one of his most masterly productions, and the rere- dos and statues for the altar; in 1614 the famous large crucifix for the Carthusians of S. Maria de las Cuevas; 1617 to 1618 two reredos in the lay choir of the same monastery, with statues of Our Lady, the two St. Johns, figures representing the theological virtues, and lovely reliefs of the Adoration of the Magi and Shepherds; the expressive St. Bruno, now in the museum, was made for the Carthusians in 1620. In 16.35 the sculptor went to Madrid and spent seven months there modelling a portrait of Philip IV, which was to be used by Pietro Tacca for his equestrian statue of the king, finished in Florence, 1640, and now in Madrid (Plaza del Oricnte). The likeness of Montafi^s by Velasquez (Prado Gallery), was probably painted at this time. As a reward for his services the king granted Montanes the rights in a merchant ship "whether in the fleet of the Continent or of New Spain" (America). This promise was ful- filled to the sculptor's widow and children after his death in 1649. Other works at Seville are the St. Dominic of heroic size in the museum, from the con- vent of Portaceli; a beautiful St. John Evangelist in the church of San Juan de las Palmas; the high altar of the church of San Lorenzo and a statue of the patron saint; and, at the cathedral (Seville), a verj- fine life-size Immaculate Conception, a large cru- cifix in the Sacristy of the Chalices, and that re- nowned "Christ bearing the Cross" carried in Holy Week processions, so vivid and sorrowful, the sculp- tor would station himself at the corners of streets to see it pass, "absorbed and wondering at the work of his own hands". Montanes is noted for the maj- esty and religious character of his types, his pro- found sense of beauty, and his elegant and correct