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BADEN


198


BADEN


fti 1882 the archiepiscopal see was filled by the ap- pointment of Johann Baptist Orbin, who ruled until 1886; his successors were Johann Christian Roos, until 1896; George Ignaz Konip, who died as arch- bishop elect on the journey to his see (1896), and Thomas Norber from 18J6. In 1888 the boarding schools for boys and tlie seminaries were reopened, and members of religious orders were once more al- lowed to preach.

Meanwhile the political development of Baden had been undisturbed. In 1866, it is true, the Grand duke had been forced against his will to fight on the side of Austria and the German Confederation against Prussia; but as early as 28 July he arranged a truce and proclaimed his withdrawal from the German Confederation. On 17 August he concluded peace, and an offensive and defensive alliance with Prussia. The military forces of Baden were organized on Prussian lines, and when, in 1870, Baden openly took sides with Prussia, they fought with distinction in many battles. On 25 November Baden entered the North German Confederation, which was strengthened by the accession of the other South German States to the new German Empire (1871). The internal administration was now conducted along I^iberal hues. The Liberal majority of the Chamber was not disturbed until 1893. In 1904 a more impartial election law was introduced. The Government, however, still holds to its Liberal tendencies, and refuses the just demands of Catholics for the ad- mission of religious orders of men. Untriendliness towards the Catliolic Church seems again to be gaining ground, as is sliown by ordinances requiring an inves- tigation among the whole body of the Catholic clergy on account of alleged abuses of electoral influence and other charges.

III. State and Church in Baden. — The relations between the Catholic Church and the Government are not entirely satisfactory, as is evident from the historical account, the State often exercising an excessive control. According to the legislation now in force, the Roman Catholic Churcli in Baden possesses the right of a public corporation, with the privilege of public worship and the formation of religious societies. The Church conducts its affairs freely and independently. The clergy are not re- stricted in their communication with ecclesiastical superiors. The highest spiritual authority of Catho- lic Baden is the Archbishop of Freiburg, who is also Metropolitan of the proxince of the I'pper Rhine; he is a member of the First Chamber of Baden, ranks immediately after the ministers of state, and enjoys the title of Excellency. Ecclesiastical offices are filled by the church authorities, but are granted only to those who are citizens of Baden and can give proof of having had a general scientific training. No exemption from a regular three years' course at a German university is granted to anyone who has completed the same course at a Jesuit institution. Every priest on entering the work of the ministry in Baden must take the constitutional oath. The public exercise of church functions is permitted to priests coming from outside of Baden only under certain conditions. Without government authoriza- tion no religious order may be brouglit into Baden, nor may a new foundation be made by an order already established. Moreover, this authorization is subject to revocation. The holding of missions and the work of the ministry by members of religious orders are in general forbidden, unless in case of extreme necessity. By legislation of the German Empire, the obligation of a civil marriage ceremony was introduced, the duty of military service on the part of Catholic theological students abolished, and the Society of Jesus and wliat the laws call " cog- nate " orders and congregations excluded from the German Empire.


Church Properly. — ^The property of the archiepis- copal board, the cathedral chapter, the metropolitan church, and the seminary, as well as the funds imderi the immediate control of the archbishop or the chap- 1 ter, are managed by the archbishop and the chapter without interference; that under rural chapters by the chapters themselves under the supervision of the ordinary; local property, i. e. the definite property of a separate parish, is administered by a parish council under the presidency of the clergy, the mem- bers being chosen for a period of six years from the Catholics of the parish. The property of the ecclesi- astical institutions of a district is managed by a commission, half the members being chosen by the Government, and half by the archbishop from the Catholics of the district. The intercalary fund (that is to say, the fiscal department for the collection, management, and lawful expenditure of the incomes j of vacant benefices in the Grand Duchy of Baden) is | administered by a council known as the Catholic ' Obcrstijtungsrat, consisting of a president and six I members, under the joint supervision of the arch- bishop and the Government. The members are Catholics, half being appointed by the Government, and half by the archbishop. All must meet the approval of both. The president must also be se- lected and named with the consent of both. The Oberstiftungsrat also supervises the administration of the local and diocesan institutions and of all benefices, occupied or vacant.

Local associations of the members belonging to the churches recognized in Baden have, as parishes, the rights of public corporations. For the defrayal of expenses incident to public worship, as, for example, the maintenance and repair of parish churches and rectories, the purchase and care of the necessary church furniture, and the salaries of the under em- ployes of the church, the parish can assess certain taxes on its members. There is, in addition, a general church assessment for the common needs of the Catliolic Church of Baden, e. g. the expenses of the highest ecclesiastical authorities, the estab- lishment of new church offices, etc. The execution of parochial rights and duties is vested in the parish meeting; in those parishes numbering eighty or more memiiers, the parish is represented by an elective council. The resolution of the parish meeting or parochial council determining the church assessment is subject to the approval of the State. To become legally effective, any change in the formation of a parish, by reorganization, dissolution, partition, or reunion, needs the sanction of the civil authorities. The administration of ecclesiastical foundations (Stijtungen) is also entirely subject to state super- vision. All gifts and bequests in favour of existing foundations, likewise the establishment of new and independent ones, require the approbation of the State. Churches, chapels, hospitals, and other public foundations devoted to the care of the poor and orplians, and to similar cliaritable purposes, are exempt from the house ta.x. Homes for the care of the sick and the support of the poor, as well as public educational institutions, are exempt from the income tax on the capital invested. The taxable values of rectories are exempt from any parish assessment.

Church and School. — The public educational system is under the direction of the State, the highest au- thority being the Oberschulrat (Supreme Educational Council), which is directly subject to the Minister of the Interior. The highest ecclesiastical superiors may designate a representative to attend the delibera- tions of the Oberschulrat whenever there is question of religious instruction and its place in the plan of studies. In the public schools instruction is given simultaneously to all cliildren of school age, regard- less of creed, with the exception of religious instruc-