PBOPEBTY 612 PBOPEBTT
drinkers as well as non-drinkers, is glad to see the Bible in particular — upon the question, see Wasson,
old saloon abolished, for it was an evil. Equally "Religion and Drink" (New York, 1914). would all like to see whiskey restricted to a very Lucun Johnston.
narrow role, but if the experience of Europe
and that of the United States during'the past few Property, Ecclesiastical (cf. C. E., Xn-466b)
years counts at all, it is the merest common sense —The Code emphasizes once more that the Catholic
to allow wme and beer under reasonable control. Church and the Apostolic See have an innate right.
At all events it was the essence of political folly to independent of the civil power, of acquiring, holdmg,
try to force absolute prohibition all at once upon g^^ Administering temporal property for the at-
many milhons of people who had been accustomed taining of their proper ends; and individual churches
to drink from time immemorial. and moral persons erected by ecclesiastical authority
rV. Prohibition and the Mass.— The position as legal entities have also a similar right in accordance
of the Church regarding the matter for the Euchar- with the sacred canons. The Church, moreover, may,
istic Sacrifice is too well known to warrant discus- independently of the civil power, exact from the faith-
sion. For detailed discussion of the Church's teach- fui whatever is necessary for Divine service, the
ing and practice on this subject see C.E., V-584. decent support of the clergy and other ministers, and
She considers as invalid any juice of the grape the ends for which the Church exists. It may acq[uiiB
which has been de-alcoholized. She requires wine temporal goods by all means lawful to others. The
in the plain sense of the word — ^wine from the ownership of ecclesiastical property vests, under the
mpe. A more practical question, however, is how supreme authority of the H(5y See, in the moral
far .the Mass may be affected by the Eighteenth person who acquired it legitimately; if that person
Amendment. It is, of course, true that that amend- passes away the dominion accrues to its immediate
ment restricts its prohibition to "beverage pur- 8uj)erior, full consideration, however, being given to
poses," and that the Volstead Law specifically the wirfies of the founder or donor, the rules govem-
interprets that expression as permitting wine for ing the moral person, and outstanding rights, sacramental purposes. Congress could not do Acquisition. — Anyone who. by ecclesiastical or
otherwise without violating the Constitution, which natural law, is competent to aeal with his property
forbids Congress to interfere with the exercise of freely, may devote it to pious uses even by a donation
religion. But all this does not allay the misgivings catisa mortis or by will. In bequeathing property to
. of more far-sighted Catholics, because Congress can the Church the requirements of the civil law should
throw so many drastic and irritating regulations be fulfilled if possible; if throu^ any defect the
around the getting of wine as to seriously interfere testament is hdd invaJid in the civH court, never-
with its legitimate procuring and in some cases theless the heirs must be warned to carryout the
practically make the same impossible, all the more wishes of the testator. The ordinary is the executor
so when the administration of these regulations of bequests or donations for religious purposes; he
would be in the hands of fanatical bigots ^ome of must see that the donor's or testator s wishes are
whom have not hesitated to declare themselves in carried out, and those delegated to do so must
favor of absolutely prohibiting wine for Mass. account to nim. Any clause in a testament contrary
That this is no idle apprehension is manifest from to this right of the ordinary is to be considered non-
the restrictions thrown around the issuing of per- existent. A cleric or religious who receives property
mits of whiskey for medicinal purposes, which in trust for pious purposes must inform the ordinary
have deterred all but a few physicians from pre- about his trusteeship, the proi)erty and its obli^-
scribing it and druggists from carrying it in stock, tions; if the donor expressly and entirely forbids
Significant is it also that on its face the Eighteenth t^^w the trusteeship must be refused. If the trust to a
Amendment gives no such powers, these powers relkioiw is m favor of a church, or of pious wo^^
seeming to have been read into it by over-zealous jf the mhabitante of a place or diocese, the ordinary
officials If, then, they can practicJly put Uquor ^ be mf ormed w the local or^ary, otherwise it is
J^ j. r» *'"^"» *'"^J ^" ^x€M.^is^ijf *^I.u «« the ordinary of the rehgious. If there is a just reason
for medicinal purposes out of business, why can ^^^ ^lakin^a change 'Si carrying out a testator's
they not do the same for Ma^ wme? Such an ^^^ penmssion bto be obtained from the Holy
eventuality 18 at least conceivable. See, unless the testator has expressly authorized
Again, whilst Congress cannot make any laws the local oixlinary to act. If, however, through no establishing a religion or prohibiting the free exer- fault of the administrators it is impossible to carry cise thereof, any individual State can do so. The out the provisions, on account, for instance, of the Constitution is no guarantee of religious liberty snuiU size of the estate or for another reason, the except so far as Congress is concerned. It is not ordinary, after consulting the interested parties, may, inconceivable, therefore, that a State, roused to in an endeavor to carry out the testator's wishes as frenzy by a bigoted wave of fanaticism, might ^^' ^ possible, reduce all the bequests proportion- actually attempt such a monstrous injustice, all ately, except that the number of Masses may ne^r the more so as it has the present Eight^nth be pdu^, except with the express permission of the Amendment for a sort of precedent and encourage- aLena^n. -The consent of the Holy See is ment m such prohibitory legislation. The situation, required for a vahd contract to aHenate any treasure to say the least excites misgivings. or any church property worth over 30,000 francs
The unscientific and emotional character of the ($6000), or to incur debts or obligations exceeding
Prohibition movement, at least in the United that sum. If the goods axe valued at 1000 francs
States, is reflected in the inferior quality, despite ($200) or less, the permission of the bishop, who is
the enormous quantity, of its literature. Few ^ consult the council of administration (except in
works of permanent value are accessible to the ^^*® of things of trifling value) and also of those who
general reader. Perhaps the sanest and best in- ^^ interested, suffices. If the value lies between
formed and most complete study of the drink the two figures mentioned, the consent of the cathedral
problem is Korn's "Alcohol and Society" (New ^^iS"" ^^ ^^i^^/^i?"^"^ °^??°¥^'^*'^^
Yorlf iQifi^ JUfr.^^ ^Arr^r>^^A «j 11^ J needed. If part of the property has already been
wnrk^ in Fnali^lTo^^^^ advanced readers will f^nd alienated, the fact must *be stated in applyig for
works »n English and other languages cited by him. permission to seU more. The property iS t6 bl up-
toT & full discussion uf the bearing of religion— the praised by an expert, and ought not to be sold below
