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September 1, 1961     The Observer
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September 1, 1961

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FRIDAY, SEPTEMBER i, 1961 OPINION OF VARIOUS EXPERTS: | O By Father John A. O'Brien (N.C.W.C. NEWS SERVICE) WHAT DOES PROF. ARTHUR E. SUTHERLAND SAY ABOUT THE CONSTITUTIONALITY OF PUBLIC AID IN THE FORM OF LONG-TERM LOANS TO PUBLIC AND TO NONPROFIT PRIVATE SCHOOLS FOR SCHOOL PURPOSES GENERALLY? An eminent authority on constitutional law, Prof. Sutherland of Harvard was asked by Rap. John W. McCormack for his judgment on this matter. After studying the matter with great care, Prof. Sutherland reaches the conclusion that there is no clear constitutional prohibition against such aid. "Assuming," he concludes, "that the existing Federal aid to education is constitutional--which seems to me a reasonable as- sumption-the distinction between these existing programs and the proposal which I discuss is not sufficiently evident to per- suade me that a measure providing for long-term loans of the character which I have described, to aid education in basic lay subjects, would conflict with the provisions of the First Amend- ment." WHAT DOES DR. ROBERT hi. HUTCHINS SAY ON THIS POINT? The president of the Center for the Study of Democratic Insti- tutions and the former chancellor of the University of Chicago and dean of the Yale University Law School pointed out that tax exemption is given private schools because they are performing service. "If they are," he said, "and if this is a service would otherwise have to be performed by the public, then re is no reason why private organizations should not receive appropriate assistance from the government." Objections raised against .such schools in the Federal program of aid to education, he characterized as "incompetent, irrelevant and immaterial." He cited the G.I. Bili that gave thousands of service men Federal funds to attend the college of their choice, pvblic or private. HAVE OTHER NOTED AUTHORITIES EXPRESSED SIMI- LAR OPINIONS? Yes, hundreds have. Example: Twenty-one prominent jurists, including former Attorney General* James P. McGranery, were requested to prepare an opinion on this subject. After painstak- ing study, they reached the unanimous conclusion that there is nothing in. the Constitution Which prevents public funds from being used to pay for the public service rendered by ndnprofit schools in teaching pupils all the secular subjects taught in the public school, "Once Congress decides that Federal aid is necessary," they say, "there should be full equality of treatment with respect to all children whether they be enrolled in public, private, or church-related schools. This is a matter of high principle. The parochial schools of this country are discharging a public serv- a CUSTOM-TAILORED SUITS You select from 250 Patterns WALLER CUSTOM TAILORS 5130 E. Stote---EX 9-2441 Rockford I I Forty Hours St. Gall p a r i s h, Elburn, Fifteenth Sunday after Pente- cost. st. Thomas More parish, E1- g i n, Fifteenth Sunday after Pentecost. The Very Best 'ish Fry '1 Only All the Perch you can eat Friday 5:30 p.m. to 9 Businessmen's Lunch Daily 11:30 to 2 p.m. Banquet Facilities SUPPER CLUB 1116 S. Main Rockford John F. "Jack" Long David L. Klonta Friendly.Personal Service Conveniently Located Our many years oJ experience enables us to serve you e]]iciently and within your means Long.Klontz Funeral Home 428 Park Ave. Rockford we 8-22 5 You can bank on the Illinois National in more ways than and Complete Banking Services ALL IN ONE PLACE It% so handy to have nil your banking Services under one roof, in one convenient place. Drop in soon us over, It's a warm invitation. BANK & TRUST CO. South Main at Chestnut, ompte~e banking services: Savings Accounts Checkino Accounts (:hrietmas Club Vacation Club Trust Services Safe Deposit Boxes Home & Property Improvement Loans Personal Loans Auto Loans Installment Loans for any purpose Bank by Mail, postage paid both ways * Free Parking while you bank Drive-in Facilities Phone WO 3.3431 ! THE OBSERVER ice. They provide an~ educational program which fully satisfies present governmental standards for competence. "The state and all the citizens thereof benefit from this edu- cational effort. If massive Federal expenditures are to be made from the tax collections of all the-people, this aid should not go only to a select segment, however large, of the population. To the extent that parochial schools provide a recognized and ac- credited secular education they are entitled to equal treatment." DID NOT THE FIRST A~ENDMENT ERECT A WALL OF SEPARATION, H IG H AND IMPENETRABLE, BETWEEN CHURCH AND STATE? Yes, but not in all respects. In the Zorach case Justice Douglas said: "The First Amend- ment, however, does not say that in every and all respects there Aid Series to Be Booklet This series of questions and answers on Federal aid to parochial and other private schools by Father John A. O'Brien is being made available as a pamphlet. The series, provided to the Catholic newspapers by the N.C.W.C. News service, will be published by the National Council of Catholic Men and the Education department of the National Catholic Welfare Conference here and by Our Sunday Visitor press in Huntington, Ind. Father O'Brien, author of numerous books on education, religion and philosophy, is research professor of theology at the University of Notre Dame. shall be a separation of Church and State. Rather, it studiously defines themanner, the specific ways, in which there shall be no concert or union or dependency one on the other. That is the common sense of the matter. Otherwise the state and reli- gion would be aliens to each other--hostile, suspicious, and even nnfriendly." WHAT DO OTHER EMINENT AUTHORITIES SAY ON THIS MATTER? Wilbur G. Katz, former dean of the University of Chicago Law School and an expert on constitutional law, points out: "The basic American principle of Church-State relations is not separa- tion but religious liberty . .'. Separation ordinarily' promotes religious freedom ;" it is defensible so long as it does, and only SO long." In his well-reasoned dissent in the McCollum case, Justice Reed suggests that the Court should return to the language of the Amendment and interpret it rather than Jefferson's phrase, "wall of separation." It is a wise suggestion, for the meaning of the metaphor has become so confused that many can't dis. tinguish the figure of speech from the principles involved. WHAT DOES THE FIRST AMENDMENT REALLY MEAN? Simply that, in ordinary circumstances, the government may not directly and actively maintain or support any religion. Hence, it prohibits any legislation designed to favor directly a particular religion. The key words are "in ordinary circumstances" plus "directly" and "actively." The amendment doesn't forbid nonreligious legislation which has only an incidental or secondary effect upon religious activity or which accords religious people the same benefits afforded' the general public. It does not forbid chaplains for the inmates of penitentiaries, hospital patients, or military personnel. Thus Prof. Edward S. Corwin of Princeton, one of our fore- most authorities on constitutional law, says: "The historical record shows beyond peradventure that the core idea of an 'es- :ablishment of religion' comprises the idea of preference; and that any act of public authority favorable to religion in general cannot, without manifest, falsification of history, be brought ruder the ban of that phrase." WHAT IS THE DANGER IN THE PROPOSED FEDERAL AID TO EDUCATION EXCLUSIVELY THROUGH DEVELOPMENT OF PUBLIC SCHOOLS? It tends to achieve indirectly what is forbidden by the Consti- tution: compelling attendance at publiq schools. By combining its taxing power with its spending power, government can grad- uallyJorce public education willy-nilly down the throats of all citizens just as surely as by a specific ordinance. "The real threat," points out the commission of 21 Washington la~cyers, "lies in the unconstitutional threat posed by and inherent in any large-scale spending program soleb' for the benefit of public schools We can justify a demand ~hat publicly collected monies be distributed to all those who participate in the task of education, not just those in secular schools. Otherwise gov- ernment is on the side of the secularists." WHO ARE TO BE THE BENEFICIARIES OF THE PRO- ?OSED LEGISLATION? The school children of America. The government subsidie~ are to be provided so that there will be achieved "the maximum development of every young American's capacity." Hence all pupils, regardless of the school attended, should share in these benefits. Otherwise the right of parents to determine the education, of their children by sending them to schols of their choice, will virtually be nullified. To count nonpublic, nonprofit school chil- dren "in" for purposes of taxation and "out" for distribution of taxes, as the proposed bill does, is unfair, unjust, .and un- American to the core. (To be Continued) SHARING OUR TREASURE pie ds Conversion REV. JOHN A. O'BRIEN, Ph.D. demy an Episcopal school, inlCommunion. God was a key far-!was at last a member of His (University of Notre Dame) IDelafield, Wis. ]tar in their lives, and they seem- Mystical Body. I am now n Every Catholic is either a con- Impressed By History ~ed always to be conscious of member also of the Third Order, vert - maker or a convert - pro-! In the European history course lHis presence ]Servants of Mary, at Our Lady venter. His example is a help or I was much impressed with the Kindness In War of Sorrows basilica. But my a hindrance to the Church in prominence of Church officials "The good example of Catho- greatest joy comes from daffy I Ihc assocmtes continued during attendance at Mass and recep- her efforts to bring all men into ;the Catholic religion seemed to[ ", ." " ,~. I he h of he my three years, m the army Christ's M~stical Bod~ Outsid-,influence t 'ves t people i ~ ' tion of Holy Communion at St r ' r ,~tat every turn i When I was a prisoner oz war m , e s 3udge the Chu ch by ~ L-l:-. ha reter m aowntown umcago. lives of her members, and they ] "Before tile religious upheaval s~;:w~nYm~; t~s agr~:~t:s~tc :on- Father O'Brien will be glad are right in so doing, of the 16th century, all the ha- . A-ain A good tree brin~s forth good]tigris of Europe were bound to- sl~era~lonana Kmaness: ~ to nave converts senatne!.r o o ~ ,~ ~ ~ ~ ~p,cumu ~ ~,~ m,~,~v ,~ ,s names ann aaaresses to mm at fruit; a bad tree produces se,er ~y .a common ,a~n religion which prompted him t6 Notre Dame University, Notrc fruit. Because peopm ,oaKen. to me aoma~ :real me as a brother. Dame I n d a n a so he may the -overwhelm- ior renglous aug mo a ' ' mg majority of and acknowledged "During the year following the write up their c o n v e r s i o n Catholics 1 e a d good and up- right 1 i v e s, many are drawn by their exam- ple into the fold. This is ' illus- trated in t h e conversion o f Allan Livings- ton, an accountant and a mem- ber of St. Vincent de Paul parish in Chicago. "My interest in the Catholic religion," related Al- lan, "began when I was a stu- dent-at St. JGhn Military aca- hem as the successors of St. !Peter. None of the Protestant l~denominations was as yet born. Thus I grew up with the con- ception of the antiquity and uni- versality of the Church. "This concept was deepened by my studies at the University of Illinois There I met many Catholics and dated several girls I couldn't help but notice how much their Faith meant to them and how unfailingly they went to Sunday Mass, rain or shine. Quite a few went even on weekdays and received H01y Fall Winter Vacations H~waii --- Florida --- ~ossou- Arizona -- California-- Caribbean Cruises -- Mediteroneon Cruises -- ALL ARRANGEMENTS --- Air a Rail Steamship Hotels Car Rentals ALDEN TRAVEL BUREAU Rockford, III. 425 7th Street WOodland 8-5853 I II II I I I I I I CONERY TREE EXPERTS LANDSCAPING SINCE 1923 3327 N. Main St Rockford DIAL TR 6-1811 I /I I 7 FLAMINGO offers the finest in imported cheese --sausages--meats for holiday of- ~(~~,%fairs at home or office. Select from ~~oo~ c~o,ce .oo o~ ,~0o LIQUEURS Party platters Ior all occasions FLAMINGO 312 E. State DELICATESSEN ROCKFORD (Dam Gandolfi) Open to the public--22 chairs--no waiting-- Modern Equipment--Air Conditioned--State Accredited--Union affiliated Call or write ]or in]ormation 114 N. Madison Street Rockford WO 3-5939 BUD KNOTT & SONS THE PHOTOGRAPHIC CENTER 114 W STATE ST. ROCKFORD WO 2-7797 war I occasionally went with my non-Catholic wife to Mass. I be- gan to use'a missal and to read a lot of Catholic literature, parti- cularly the writings of Cardinal Newman and St. Thomas Aquin- as. Newman's works were back- ed up by his own example. An Anglican minister and a noted scholar of Oxford University, Dr. Newman's research convinc- ed him that the Catholic Church alone was founded by Christ He gave up all to embrace the true Faith. Conviction Confirmed "After my wife died in 1951, I applied myself with greater in- tensity to the study of the Faith I then took instructions from Father M a u r i c e Fitzgerald, C.S.P. That confirmed my own conviction of the truth of the Catholic religion and of the authority of the Church to teach in the name of her Founder. Most appealing is the doctrine of the Real Presence, which alone squares with Christ's own words. "On February 1, 1956, I was received at Old St. Mary church, where I had often attended Mass with Catholic friends. It was wonderful to receive our Euchar- istic Lord, and to know that I stories. ACCORDION- GUITAR BAND & ORCHESTRA INSTRUMENTS Our Trial Plan-w ~ Allows you to try your child ond { instrument before you invest, INSTRUMENT LOANED ] DIAL W 5.8648 I GUZZARDO SCHOOL of MUSIC AND STORE 128 Albert Avenue 1 Block No. of W. State at 1900 BELVIDEREL~-4:::;~ N STATE I . I ,ii -ii i~-~111 -~1 j ' i It KNABE--LESTER--SOHMER and WURLIT~ER PIANOS WURLITZER ORGANS (Music' s Richest Voice) Used Pianos and Organs Convenient Term~ iii Rich Piano & Organ 330 S. MAIN ST. 221 W. MAIN ST. ROCKFORD FREEPORT / CLOSE OUT SALE ON ALL 1961 NEW CARS ILL Los Bachrodt personally invites you to visit "Chevyville", complete city of new cars, new trucks and used cars . . . S huge locations serving you with the finest in automotive sales and service . . Remember -- 100 new 1961 Chevrolets For immediate delivery -- no waiting -- all serviced and ready to go. 5 BIG SUPER CAR MARKETS MAIN OFFICE NEW CARS 330 S Church St 323 S. Church St. Our Complete Service Dept. Largest Display in this Area Body Shop and New Car 100 New, 1961 Chevrolets Sales an ,nd Corvairsto che oose from ua;n r,~n Jaanvo'r ~an s SUPER CAR MARKET NO. 2 ""'~'n:~ "~'n",~'uT;~'~-~ ~';-"" " 1515 KISHWAuKEE ST. WO 3-8425,O 5-8681 74 'OK' USED EARS OK USED CARS NEW '61 CHEVRoLETS 1960 DEMONSTRATORS " SUPER CAR MARKET NO. 3--2643 ~ITH STREET WO 2-3705 -- NO DOWN PAYMENT '56 AND OLDER MODELS. LOU E ACI IRODT CHE VF 0LE1 ROCKFORD Where You Can ALWAYS Be Sure iL MISSIONS HOPEFUL AFTER ROUGH YEAR IN CONGO - Looking back over the first year of Con- golese independence, missionaries here are generally agreed that it has been a rough time for them. But they look optimistically to the future, convinced that the Congolese Catholics, clergy and faithful alike, have proved their stamina and that the Church rests securely on their shoulders. 700,000 Prepare for Baptism At the present time, in addition to the white missionary force, the Congo has six bishops, 407 priests, 408 Brothers and 809 nuns -- all Congolese. Altogether there are some 5,000,000 Catholics the Congo, not counting an esti- mated 700,000 persons preparing for baptism. The outbreak of violence in the first days of July, 1960, spared neither Protestant nor Cath- olic clergy. As chaos and disorder sprehd, some 100 foreign Catholic missionaries, priests and nuns, fled the country. But this was only a small percentage of the nearly 6,000 who were in the country when it ceased to be Belgian territory. There were many cases of brutal treatment of the white missionaries. Catholic nuns, as well as white Protestant missionary women, were beaten and raped. Confusion of War Remains Favorable reports have come from some dis- tricts of the interior of Eastern Province. In Northern Katanga, where there was a fierce struggle between the Balubatkat people and the gendarmes Of the Katanga government, some missions have been abandoned, but the missionaries have reintegrated their old houses, schools and churches. In Kasai province, the eternal confusion of war remains. The population is destitute and so is the administration. In order to restore its ever-vanishing supplies, the administration raids mission osts which are supplied every week by specialplanes from Leopoldville. The missionaries no longer have cars, but cars would not help much, since there is no gas- oline. The missionaries don't even have bi- cycles. Commented one veteran missionary: "Well, at last, we get some rest, because we have nothing left that can tempt anybody." Keep Hopes High Special mention deserves to be made of the Maniema region in the east of the country. In the districts of Kabambare and Kasongo, there not one European left, laymen or mission- ary. There were 500 to 600 white people be- fore independence. All in all, even making allowances for the unforeseen--whiah may always happen in this country -- religious circles keep their hopes high. They have interpreted the anti-white movements as more nationalistic than anti- religious. On top of this, they feel that the anti- white movement may subside in time as pol- icies of moderation replace the frenzy and con- usion that has made independent Congo's first year a political nightmare. So far as the Congolese Christian groups are concerned, there has been a noticeable ten- dency to keep aloof from the political scene and to concentrate solely on their religious mission. This attitude will be reflected in the projected new Catholic weekly in Leopoldville which has already pledged it will confine itself exclusively to religious matters. t .~. m mmmim,mmm~.j The Society for the Propagation of the ! Faith 507 Avenue B " ! | Sterhng, Illinois I |! am enclosing my personal gif of ] $ for the support of Catholic ! i Missions througho it the world. I I I " I I Name I I I I Address I ! . I ! C ty !