Page:Catholic Encyclopedia, volume 9.djvu/591

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more thaa two years or by fine not exceeding two hun- dred dollars ". A fine of five dollars is provided for one who " profanely curses or swears. "

Use of Prayer in Legislature. — ^There is no statute on this subject, but since Maine became a state it has been customary for the president of the senate and the speaker of. the house of representatives to invite in turn the several clergvmen of Augusta, Hallowell, and Gardiner, to open each day's session in their respective branches with prayer. Until some twenty years ago, Protestant clergymen alone were invited, but since that time Catholic priests are invited and officiate in their turn.

Recognition of Rdigious Holidays. — ^The statutes provide that "no person shall be arrested in a civil action, or mesne process or execution or on a warrant for taxes, on the day of annual fast or thanksgiving, the thirtieth dav of May, the fourth day of July, or Christmas. The Legislature of 1907 passed an act abolishing the annual fast day and substituting Pa- triots' Day therefor.

Seal of Confession, — ^There is no record of any at- tempt to obtain from any priest information acquired by him through the confessional, by any tribunal of this state or by any one practising falefore the same.

Incorporation of Churches. — ^The statutes provide that " any persons of lawful age, desirous of becoming an incorporated parish or religious society, may apply to a justice of the peace", and full provision is made for their incorporation into a parish, and further that " every parish may take by gift or purchase any real or personal property, until the clear annual income thereof shall amount to three thousand dollars, convev the same and establish by-laws not repugnant to law. " By Act of the Legislature approved 27 February, 1887, the Roman Catholic Bishop of Portland was created a corporation sole.

Exemption of Church Property from Tcixation, — ^The statutes provide that "houses of religious worship, including vestries and the pews and furniture withm the same, except for parochial purposes; tombs and tights of burial; and property held b>[ a religious society as a parsonage, not exceeding six thousand dollars in value and from which no rent is received, are exempt from taxation. But all other property of liny reli^ous society, both real and personal, is liable to taxation, the same as other property."

Exemption of Clergy from certain Public Duties. — Settled ministers of the gospel are exempt by statute Ifrom serving as jurors, and by the constitution ' minis- ters ' are among those entitled to be exempted from military duty.

Marriage and Divorce. — ^The statutes provide that •'every justice of the peace, residing in the State; every drdained minister of the gospel and every person hcensed to preach by an association of ministers, re- ligious seminary or ecclesiastical body, duly appointed and commissioned for that purpose by the governor, may solemnize marriages within the hmits of his ap- pointment. Jhe governor with the advice and con- sent of Council, may appoint women otherwise eligible under the constitution to solemnize marriages." An- other section safeguards the rights of those contract- ing marriage in good faith by making it valid, al- though not solemnized in legal form, and although there may be a want of jurisdiction or authority in the justice or minister performing the ceremony.

The statutory grounds for divorce are prescribed in the following section: "A divorce from the bonds of matrimony may be decreed by the Supreme Judi- cial Court in the Coimty where either party resides at the commencement of procedings for cause of adul- tery, impotence, extreme cruelty, utter desertion continuea for three consecutive years next prior to the filing of the libel, gross and confirmed habits of intoxication, cruel and abusive treatment, or, on the libel of the wife, where the husband being of sufficient


ability, grossly or wantonly and cruelly refuses Of neglects to provide suitable maintenance for her; provided that the parties were married in this state or cohabited here after marriage; or if the libellant resided here when the cause of cQvorce accrued or had resided here in good faith for one year prior to t^e commencement of the proceedings. But when both parties have been guilty of adulteiy, or there is col- lusion between them to procure a divorce, it shall not be granted." Either party may be a witness.

Education. — ^The law makes liberal and ample provision for a system of common schools covering the entire state. The number of school children in the state according to the report of the state superin- tendent for the year 1909 was 212,329, and the amount expended for school purposes was $2,368,890. The statutes relating to public schools contain no reference to religion or religious teaching. Free high schoob are encouraged by reimbursing any town establishing one a certain proportion of the amount expended in connexion therewith. Such schools have been established in all of the cities and in more than half of the towns, and scholars from other towns are admitted without charge for tuition, the amount being chaiged to the town in which they reside. Under the heacT of normal schools we find the following statute:

    • Said schools, while teaching the fundamental truUis

of Christianity and the great principles of morality, recognized by law, shall be free from all denomina- tional teachings and open to persons of different re- ligious connections on terms of equaUty." The higher education is furnished by the University of Maine at Orono; Bowdoin College at Brunswick; Bates College at Lewis ton; Colby College at Water ville; St. Mary^s College at Van Buren. Concerning the Catholic schools, which are attended by 12,274 pupils, see Portland, Diocese of.

Charitable Institutions. — The statutes provide a method of organizing charitable societies, and there is also a provision exempting them from taxation. The real and personal property of all literary insti- tutions, and all benevolent, charitable and scientific institutions incorporated by the state, corporations whose property or funds in excess of their ordinary expenses are held for the relief of the sick, the poor or the distressed, or of widows and orphans, or to bury the dead, are benevolent and charitable institutions within the meaning of this specification, without re- gard to the sources from whicn such funds are derived, or the limitations in the classes of persons for whose benefit they are applied, except that so much of the real estate of such corporations as is not occupi^ bj them for their own purposes, shall be taxed in the municipality in which it is situated."

Sale of Liquor. — On the first Wednesday of Jan- uary, 1885, the following provision became a part of the constitution: *'The manufacture of intoxicating liquors, not including cider, and the sale and keeping for sale of intoxicating liquors, are and shall be for- ever prohibited, except, however, that the sale and keeping for sale of such liquors for medicinal and mechanical purposes and the arts and the sale and keeping for sale of cider, may l)e permitted under such regulations as the legislature may provide. The leg- islature shall enact laws with suitable penalties for the suppression of the manufacture, sale and keeping for sale of intoxicating liquors, with the exceptions hereic specified.

Prohibitory Legislation. — Beginning with 21 June, 1851, the date of the approval of the first act, the legi^ture has passed fifty-six acts intended to pre- vent the sale of intoxicating liquors. The law in its § resent state covers twenty pages of the Revised tatutes and is in substance as toUows: (1) A law pro- hibiting the manufacture or sale by any one of such intoxicating liquors (except cider); (2) prohibiting peddling intoxicating liquors; (3) against the trana-