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December 22, 1961     The Observer
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December 22, 1961
 

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? e @ WASHINGTON (NC)--Two of By the Rev. Patrick O'Connor (N.C.W.C. News Service It is "Holy Night" but not "Silent Night" in Bethlehem, when pilgrims gather there for Christmas. Two days before Christmas, one finds a festive stir already in the streets. Indeed, there is only one main street, with side streets and alleys, in what is still "the little town of Bethlehem." The main street slopes steeply down through the marketplace and widens into the square before the ancient Basilica of the Nativi- tYA day on Christmas Eve the town is lively with sound, activity nected with it b~/ a passage and doorway is the modern Catholic church of St. Catherine. It is structurally attached to the Fran- ciscan monastery. In this church the Midnight Mass is celebrated at Christmas. Carry Image After the Mass the image of the Divine Infant was taken from above the altar, to be carried by the Patriarch d0wn to the cave- grotto of the Nativity. A long pro- cession was formed to accompany him, It had gone part of the way when it was halted. One of the most distressing situations in Christendom was being exempli- fied nnce more. Down in the grot- "Voluntary agencies do not have They come on the 17 scheduled Bryan O. Walsh, executive direc, and color. Nights are chilly, but to the Greek Orthodox clergy were America's major church-related the resources to undertake a mass airplanes from Havanna each tor of the Catholic Welfare Bureau usually the middle of the day is disputing the right of a Catholic relief agencies have appealed to movement of people from Florida week to the United States or by of Miami, who testified as spokes- mild and bright with sunshine. A priest to stand"on a sten of a the U.S. government to get behind to other areas and it will be only their own devices, such as fleeing man for the National Conference Jordanian array band, composed stone stairway If the Francis mass resettlement of Cuban through mass movement with fed- in small boats, of Catholic Charities. mostly if not entirely of Mos- cans, custodians of Catholic rights refugees crowded into Miami. eral gorvern.ment, assistance that Much of the federal relief ef. Father Walsh urged that the lems, plays tuneful marches up in the shrines of the Holy Land, Msgr. John F. McCarthy, as- me prooiem m lvnaml can ne re- fort is carried out in cooperation federal program increase its ann oown me square, vecorauons, were to yield, they would create a sistant executive director of uucee, to manageaom propor- wi~h state and voluntary agencies, monthly $100 cash allowance to strung across me street, are precedent that would be invoked Catholic Relief Services--National tions, such as the Miami" " CathohcJ " din-" needy refugee families. "There is crowned . with a great star, which against all Catholics in future. Catholic Welfare Conference, told Three-Way Hearing cese's nro~ram no question but that it is inade- is illuminated after dark. Through ~.~ au a Senate subcommittee hearing: The same noint was stressed b- -- *, ~ . " quate," he said. the evening, recordings of -s ~ .v- .~ . - !. ~ . . . ; Kesetuement is in me nanus ol Christmas hymns the melodies ~etmenem, me place wnere james lviacuracKen, uirector or ~ -- ~ four voluntary agencms whmh are ~. only--are heard all over the t-w- God was homeless and all men ~mmlgrauon Serwces of the J " " , ]-II/l~" [~lgN~" aided in meeting some costs by ~:hlmlC~'111,'t~C from a loudsneaker are at home, is a magnet not swv sol s ~/ wnurcn worla ~ervlce, reliel arm the over me ^.~n:,^ ~s s~s~ss s su,J,~ " onb, for men's hearts but also for . g n nt. Iz~ ,~uu,un tu ~ Cars Arrive : I~ I |= 1 o~ ~e .~atlonal Council of CRS-NCWC and Church World, an ~ I their feet. At Christmas I met I}aa In II'$eff :ure e me leaning U.S2 federa- Service, the other agencies weret~a$$ U r~['~$ ]lOUa~i~ ur!ve.m 1rum der.usale.m, there an American layman I had m es to me norm wlm vlsa uon ot ~'rotestanz and urthodox " reported as the Hebrew Immi. [w : " last seen in Vietnam and his I~= ,& ~ ~ -- [~-- bodies, grant Aid Society and the Inter. k IA ~ I I [t~rSc:oIw~anntYo ~hau~.~eUUeSst o~fY:e Filipina wife; Msg~'. Stephen J. [[JU|" rtP][~y D~ mTh:e ::natfeg:::ta:hees::b::s~ national Rescue Committee. |'~ew .nurcn Ipo send cards that wi:be post-Kell~:rti~cNe~IY ::n df~rreya~e s! P Msgr McCarthy indicated that marke " ,d Bethlehem, Dec 24 BOSTON, (NC)--The Twist isn t held three days of hearings on the the number of resettlements coula ROCKFORD -- Christmas Eve/ . tine, and Brother Joachim Long, immoral in itself, but may he- Federal relief program in the be hi~her if ,overument re"ul~ Midnight Mass at St. Stanislaus/ Some of the vis!tors, regrettably, O.F.M U.S. Army veteran of the come so if performed without re- Miami area. Federal and local tions encouraged more C,ba~ +-Kostka church here will have a have the . mr of tourists rather Pacific war, now teaching in Ter- gard for temperance and chashty, government offlcmls and spokes- ,leave Miami ~' two-fold slgmfmance for the mere- than of pilgrims,ra Santa College, Amman, Jor- said Auxiliary Bishop Thomas men for Miami groups also testi- bers of this southside parish. Th~ The first big event on Christmas dan; a Chinese Franciscan priest Riley of Boston. Dances are modern vehicles for the physical expression of emo- tion, and in that sense are natural and acceptable, the Bishop said. But, he added, "serious moral problems" can arose in regard to dancing, and those who engage in it must "respect the limita- tions of moral law, particularly those imposed by the virtues of temperance and chastity." Dancing "can and should be an occasion of pleasurable di- version and physical well-being," he said. But because some dances are a real occasion of sin for some people, "it would seem that at the present time any new form of dancing should be re- garded with suspicion until its moral acceptability is well es- tablished," he said. fled on the $18 million federal ef- Wants Similar Centers fort which began early this year. He noted that federal assistance Testimony showed Cuban refu- presently is channeled only through gecs now number near 110,000 the government's center in L :. : Mmml Only Cubans regmtered WILIIllt:ally OU,U~J in me IVlldllU area. Although 14 000 have been there are eligible for assistance. resettled in the past year--9 000 He recommended that similar of them by CRS-NCWC--the prob- centers be opened in New York lem continues to grow because at and perhaps other cities, such as least 1,500 arrive in the United!New Orleans. States each week. I Another witness was Father This year, December 24th, the Vigil of Christ- mas, falls on a Sunday; therefore the usual laws of fast and abstinence for that day do not apply. How- ever, Saturday, December 23rd, is the winter Em- ber Day and the laws of fasting and partial abstin- ence do apply. occasion will mark not only the Eve is the ceremonial arrival of birthday of Christ but it will also Latin Rite Patriarch Alberto Gori mark the opening of the new $400,- 0.F.M of Jerusalem. He is for- 000 church now in the final stages really welcomed by the mayor of of construction. Bethlehem and other officials and Ono nf fho finul" fnn,-ha ,~oaoa~escorted by a religious and civic but'ilefd in~clo'ul~t u'~i(this week P~ cy::~an it ward !he basl!ma. d o n an army oano ann an was the installation of 19 stained . nonor guara ot mounteo ponce on glass winnows, 1~ in me sancta- ~ . vcmte nurses are part ot the pro ary depicting the 15 mysteries of . cession the Rosary and Saints Stanislaus and Francis of Assisi and Our 1,600 Year Old Basilica Lady of Czestocbowa, and one at The greystone basilica, first the entrance. The windows have ~uilt more than 1,600 years ago. arrived from Chicago, however, passed finally into the hands of and workmen are in the process the Greek Orthodox clergy, under of installing them with hopes that the job will be done by Saturday. Dedication of the church and adjoining rectory, which is al- ready occupied, is planned in con- junction with the parish's golden anniversary celebration in 1962. ~he Turkish regime, about two ~enturies ago. Catholics may go through it. They share rights with the Orthodox in the cave-grotto of the Nativity underneath the sanc- tuary. Alongside the basilica and con- and Professor Hanaka, professor of Old Testament in a Protestant college in Osaka, Japan . Cake Offered Then there was the old woman of Bethlehem to whom I gave my arm as we toiled up the steep street at 2:30 in the morning, after leaving the church and grot- to. An Arab boy darted over to me, holding out a hard sweet cake that he was munching. "Abbouna (Father)!" he said, in- viting me to take a piece. It was still more than 3 hours before my first Mass. I broke off a corner of his cake, thanked him and ate it. Christian or Moslem, he was one of those I remembered when offering Mass, a few hours later, close to the birthplace of Jesus Christ, Divine Saviour of all. Official Newspaper of the Rockford Diocese VoL XVI--No. 51 FRIDAY, DECEMBER 22, 1961 16 PAGES ONCE ROCKFORD PASTOR @ WASHINGTON (NC)--The Most nona, Minn he received episcopalltended Holy Cross elementary Re-. Leo Binz, archbishon of Du- consecration on Dec. 21, 1942 in school, Columbia college, Dubuque bu-ue has been transferred b- St. James Pro-Cathedral, Rock-and St. Mary seminary, Haiti. !. "~ ' Y ford from the Apostolic Delegate, lmore, Sulpician seminary, Wash- rope noun XXIII to me see oz Amleto Cardinal Cicognani, now l'ngton, and North American Col- St. Paul, Minn. and named arch- Vatican Secretary of State. l lege, Rome. bishop of that see to succeed the In 1949 he was named titularI Ordained in Rome in 1924, he late Most. Rev. William O. Brady archbiship of Silyum and road-]returned to Rockford and served who died in Rome last October. jutor to the archbishop of Du-]as assistant in St. Mary parish, ~ ^~.~.~^ Ibuque. On Dee. 2, 1954 he suc-]Sterling, and pastor of St Peter's, ceeded Archbishop Henry P. Rohl-lRockford, and St. James, Belw- man as archbishop of Dubuque. [dere, before being named sucre- Born in Stockton Oct. 31, 1900, ltary to the Apostolic Delegate in the son of Michael and Theclal1936, where he served until his Binz, the fu ture archbishop at-lpromotion to the hierarchy. ARCHBISHOP BINZ Binz appointment was made in Washington last Wednesday by the Most Rev. Egidio Vagnozzi, Apos- tolic Delegate ' to the United States. As ordinary of the St. Paul arch- diocese, Archbishop Binz becomes head of the St. Paul ecclesiastical province which embraces all the dioceses of Minnesota, North Da- kota and South Dakota. Named coadjutor bishop of Wi- AURORA--Registration of eighth grade students wishing to attend any of the four Catholic high schools here this fall will be held Saturday, Jan. 13th, from 9 a.m. to 5 p.m. Religious communities, whose members will staff the high schools, are cooperating in this joint effort so as to avoid possible duplication in student registration, and also obtain an early indication of faculty requirements in Septem- ber. Registration Fee Registration for Marmion mili- tary academy and Madonna high school will take place at the schools. Those desiring to attend the high schools to be staffed by Jan. the Christian Brothers or the Springfield Dominicans will regis- ter at the new Holy Angels school at the corner of Kensington and Russell avenues. All students will pay a non-refundable $5 registra- tion fee which will be used to cover costs of subsequent high school placement testing pro- grams. Temporary School Students who register for either of the two new high schools will attend classes in Holy Angels school at 19 South Locust St. be- ginning next September, until the new buildings are ready for occu- )ancy. Plans for both schools are now being prepared by the archi- tects with construction estimated to begin during the summer. Following is a condensation of the first sec- tions of the legal study entitled, "The Consti- tutionality of the Inclusion of Church-Related Schools in Federal Aid to Education." The document was prepared by the Legal depart- ment of the National Catholic Welfare Con- ference, Washington. This is the first in a series of five articles condensing the entire study. (N.C.W.C. News Service) PREFACE The need for a comprehensive constitutional statement on the Church-State issue in educa- tion and its relevance to long-standing NCWC policies was made vividly clear by the state- ments and confusion on these issues in this 's debate on Federal aid to education. March 28, 1961, the U.S. Department of Health, Education, and Welfare publicly is- sued its now widely read "Memorandum on the Impact of the First Amendment to the Constitution upon Federal Aid to Education." The NCWC Legal department thereupon asked a number of constitutional scholars and lawyers for their independent c/-itical analysis of the merits of that memorandum. The com- ments received in response to that request affirmed the necessity of presenting to the .public a far more adequate analysis of the constitutional issues involved. Clarify Issues It is our hope that this study will serveto clarify constitutional issues and to cause a more widespread recognition of the massive contribution of church-related and other pri- vate schools to the common welfare. However, should there not be achieved a just resolution to the problems with which this study deals, then it is our hope that we shall at least have provided a basis for a continuing public dialogue respecting these problems. It is especially hoped that the presentation made may stimulate further intellectual interest. INTRODUCTION May the Federal government, as part of a comprehensive program to promote educa- tional excellence in the nation, provide secular educational benefits to the public in private nonprofit schools, church-related as well as nondenominational? This is the general constitutional question to which this study is addressed. Three related questions are not treated: the basic constitutionality of Federal aid to educa- tion; the constitutionality of Federal aid to education exclusively in public schools; and the constitutionality of Federal aid to religi- ous instruction. Public Service To provide a secular education is unques- tionably a public service and may be financed with public monies, It is equally unquestion- able that secular education is provided in pri- vate nonprofit schools, church-related as well as nondenominational. Accordingly, the U.S. Supreme Court has held the public may pro- vide transportation for school children to pri- vate nonprofit schools. This study does not deal with the constitu- tionality of legislation which has financial benefit to church-related schools as its prim- ary purpose or effect. It deals with the constitutionality of legisla- tion which aims at the promotion and im- provement of the education necessary for the general welfare---our cu|ture, prosperity, and defense--and which for these purposes seeks to improve educational opportunities in both public and private nonprofit schools. THE EDUCATION CRISIS AND NATIONAL SURVIVAL THE NATURE OF THE CRISIS The nationally felt need for more and better education has been spurred, first of all, by the genuine fear that the free world, of which the United States is the leader, may be destroyed through conquest; or may so far decline in position relative to Soviet power that it will inevitably become subject to communism. Additionally, however, there are other dyna- mic factors related to a fresh emphasis upon education. It is recognized that--communism aside--Americans have important missions to perform both abroad and at home: Conquest of disease and poverty and the improvement of cities, 'for example. National Need It should be noted that the stress in leading recent public pronouncements upon education is upon it as a national need to be rendered to all. It is never suggested that any racial or religious or economic or ethnic or income group should be excluded. It would be unthinkable, moreover, that an expanded Ameriban educational program would destroy certain values and traditions in American society without which that society would be no longer American. The general increase of scientific endeavor and knowledge would in the end have been achieved in vain if the price paid for it were the acceptance of a moral order whose sole standard was the will of the state and of a per- vasive conformity to a state-imposed single culture. Two Principles While no position is here taken respecting the need for Federal aid to education, it is ap- parent that two principles should ideally guy- ern an American educational program for the future: 1. It is in the national interest that every child have the opportunity for an education of excellence. 2. It is in the national interest that our moral heritage he preserved, along with our freedom to acquire education in diverse, non- state institutions. Equal Opportuity In simple terms, this means that every American child should have equal opportunity, according to his talents, to acquire the best education possible, but to acquire it in such school as he or his parents, in the exercise of their judgment, deem most desirable, provided such school meets reasonable state require- ments of intellectual and physical competency. To achieve this objective, government need not be restricted to a single technique in selecting programs of aid to education--such as to extend aid through the institution only, or solely through parent or solely through pupil. Aid to All If aid through institutions is the selected means, then aid should be given througb all in- stitutions competent to education--unless con- stitutional requirements plainly dictate to the contrary. It is strongly intimated in some quarters that non-state schools somehow do not per- form a public service, that especially the church-related schools are in some way alien to America; and that all which is non-state inherently has no standing to receive state support. This view, far more than clear constitutional objection, lies at the heart of much of the con- troversy over aid to church-related education. But to expose this view by plainly stating it ts to scotch it, since it is immediately ap- parent not anly that it attacks the great Amer- ican radition of popular, church-related school- ing, but that it also points the way to a to- talitarian society. Undesired Results The campaign which it would inspire would begin with the forcing out of church-related education, but its end could be a totally soviet- ized state. It is an irony of the present debate that this view should have made headway, because while it talks constitutionalism, it weakens constitutionalism and the related concept of a diverse and free society. Moral Values Considering in a particular way both our public schools and our church-related schools, it would be a very great mistake to assume that the former need be any the less devoted to the expression of our traditional moral values than are the latter. Indeed our great public school system-- built by men of all faiths--should receive the support) of those who are dedicated to the particular interest (as it does the financial church-related schools, since no citizen should shirk his duty to work for the common good in all areas of society. On the other hand, the church-related and other private schools should be far better ~p- preciated by that large part of the public which has not had direct association with them. CHURCH-RELATED SCHOOLS AND THE PUBLIC WELFARE The church-related schools, teaching largely the same curriculum as the public school for the general education of the citizen, is not an .intruding latecomer on the American educa- tional scene. It represents, rather, our original source of popular education and stands at the core of the American educational tradition and as a force which emphasizes certain moral and spiritual values with which that tradition is identified. The elementary schools in all the colonies had the teaching of religion as their chief aim and as their main component. The end of the colonial era and the coming of the Republic witnessed no change with re- spect to the strongly religious character of the American people. It is not therefore surprising that hospitality to the religious upbringing of their children should have marked public attitude toward education. Northwest Ordinance The third article of the Northwest Ordinance of 1787 stated a major purpose of education: Religion, morality and knowledge, being . necessary to good government and the happiness of mankind, schools and the means of education shall be forever en- couraged. The Northwest Ordinance described as "sec- ond only in importance to the Bill of Rights of the Constitution as a guarantee of religious freedom," as re-enacted Aug. 7, 1789, by the first session of the First Congress. Vast Contribution Today, church-related schools are making a vast and patent contribution to the public wel- fare. Considering the largest of the groups of these--the schools under the auspices of the Roman Catholic church--the extensiveness of citizen education which it supplies is remark- able. The phrase of the preceding sentence-- "citizen education which it supplies"--bears repeating, since these schools supply not some form of special or eccentric training, of which society can take no notice, but education recognized by the state as meeting essential citizen needs.