French-Canadian Decisions.
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morality, and as to whether the fact that cer nesses and facts of human nature in words tain works were condemned by the Church of greater passion, or greater realism, than of Rome was sufficient to annul a civil con some might think desirable or necessary. I tract. He held that the works being on the hold the contract a good one." And he Index could not affect the contract. To gave judgment for $700 and costs (6 Mon admit this would be (he said) to lay down treal Law Rep. [S. Ct, 1890] 173). The the principle that the Congregation de booksellers, however, thought they knew best L' Index, or the ecclesiastical authority of about books, so they took the case to the any other church, would have the power, as Court of Appeals, and there Judge David between the members of its own communion, son's decision was reversed, but on the to interpret, qualify, or even annul contracts; ground only that the plaintiff had been and as between members of different relig guilty of misrepresentation. ions the courts might become the battle The Rev. William O'Meara was, in 1892, grounds for theologians: "In France the the curate in charge of the Parish of St. Congregation de LIndex has never, so Gabriel in Montreal; he had some difficulty far as I am aware, at least within time suffi with a committee of his congregation ap ciently modern to be worthy of practical ref pointed to build a church, and to settle the erence, been recognized, as a law giving matter the committee engaged as their legal authority; to enforce its decrees with threats adviser the Hon. Rudolph Laflamme, an is now unlawful. True it is that a contract advocate, one of Her Majesty's counsel, with a consideration ( ' contrary to good and erstwhile Minister of Justice of Canada. morals ' has no effect; " but, he considered The priest did not relish this, so one Sun that a publication to come within these day, during morning service while the whole terms must be so immoral that the criminal Catholic congregation were in attendance, law would punish it as such, and that Hugo's at high mass, Mr. O'Meara denounced the works would not sustain a charge of devis trustees, or committee, from the altar saying ing, contriving and intending to corrupt that " they had resorted to a lawyer who public morals. Judged by this, and, indeed, had acted in the Guibord case and who was if need be by a far stricter standard, Hugo's an atheist and infidel, and giving his flock works could not be condemned as " an unlaw to understand that his having acted in the ful consideration " for a contract. After Guibord case put Laflamme out of the pale quoting several opinions concerning the of the Catholic church and religion and ren greatness of this writer's genius and writings, dered him a person with whom honest peo the learned judge concluded thus : " Neither ple, and particularly good Catholics, should during his life, nor since his death in 1885, have no dealings." (By the way, this Gui has any court been asked to hold that any bord case is a cause cclebre in Quebec. We of the works of Victor Hugo were against will speak of it later.) Afterwards at a pub public law or public morals, or were written lic meeting of the parishioners- he practi for the corruption of the public conscience. cally repeated the same statements, and His magnificent genius applied itself to lof gave the people to understand that the tier, if sometimes mistaken, purposes. As Archbishop agreed with him in his opinion well might the works of Racine or Chateau of the lawyer. Mr. Laflamme being a practi briand, or Lamartine, or Byron, or Swin tioner in Montreal considered that he was en burne, or many of the classical writers of titled to and required to enjoy and possess, France and England, be challenged as not as in fact he had hitherto enjoyed and pos susceptible of creating valid civil obligations, sessed, the confidence and respect of the because they sometimes paint the weak public, and being dependent upon his prac
