"This Great Book . . . Is the Best Gift God Has Given to Man." —ABRAHAM LINCOLN, to a Dele- Gation Come to Give Him a Bible, August, 1864

VOL. 59, NO. 1 January-February 1964 25 CENTS

MAGAZINE OF FRIELMIGIOUS FREEDOM

"This great book . . . is the best gift God has given to man." —ABRAHAM LINCOLN, to a dele- gation come to give him a Bible, August, 1864. What Constitutes the Bulwark of Our Own Liberty and Independence?

It is not our frowning battle- ments, our bristling sea coasts, our army and our navy. These are not our reliance against tyranny. All of these may be turned against us without making us weaker for the struggle. Our reliance is in the love of liberty which God has planted in us. Our defense is in the spirit which primed liberty as the heritage of all men, in all lands everywhere. De- stroy this spirit and you have planted the seeds of despotism at your door. Familiarize yourselves with the chains of bondage and you prepare your own limbs to wear therh. Accustomed to trample on the rights of others, you have lost the genius of your own independence and become the fit subjects of the first cunning tyrant who rises among you.—

ABRAHAM LINCOLN, Speech, Edwards- ville, Sept. 13, 1858.

LUOMA PHOTOS VOL. 59, NO. I JANUARY-FEBRUARY, 1964

EDITOR Roland R. Hegstad

ASSOCIATE EDITORS Marvin E. Loewen 25 cents R Y Washington a copy IBE D.C. W. Melvin Adams 'J A MAGAZINE OF RELIGIOUS FREEDOM ART EDITOR Terence K. Martin

LIBERTY: A Magazine of Religious Freedom is published bimonthly for the CIRCULATION MANAGER Religious Liberty Association of America by the Review and Herald Publishing Roy G. Campbell Association, Washington, D.C. 20012. Second-class postage paid at Washington, D.C. Address editorial correspondence to 6840 Eastern Avenue NW., Washington, D.C. 20012. LIBERTY is a member of the Associated Church Press. CONSULTING EDITORS W. P. Bradley, Neal C. Wilson, M. V. Campbell, Cyril Miller, Theodore Carcich

CONTRIBUTING EDITORS Dr. Jean Nussbaum ARTICLES W. L. Emmerson Kenneth Holland 8 How Does Conformity Affect the Freedom LEGAL ADVISER of the Nonconformist? Gordon T. Hyde Boardman Noland

EDITORIAL SECRETARY 11 Struggle for Sunday Richard Cohen Thelma Wellman

LAYOUT ARTIST 14 Churches Against Sunday Laws? Gert Busch Gordan F. Dalrymple

16 My Church Members Are Taxed Double Russell C. Spangler RELIGIOUS LIBERTY

ASSOCIATION OF AMERICA 20 The Vatican Council Declaration of Principles and Christian Unity W. L. Emmerson

We believe in religious liberty, and hold that this God-given right is exercised at its best when there is separation between church and state. 25 Freedom to Evangelize Kenneth H. Hopp We believe in civil government as divinely ordained to protect men in the enjoyment of their natural rights, and to rule in civil things; 28 He Stood for Something Francis D. Nichol and that in this realm it is entitled to the respectful and willing obedience of all. We believe in the individual's natural and inalienable right to freedom of conscience: to worship or not to worship; to profess, to prac- FEATURES tice, and to promulgate his religious beliefs, or to change them according to his conscience or opinions, holding that these are the essence of religious liberty; but that in the exercise of 4 From the Editor's Desk this right he should respect the equivalent rights of others. 4 "Dear Sir" We believe that all legislation and other gov- ernmental acts which unite church and state are subversive of human rights, potentially per- 7 John Fitzgerald Kennedy, in Memoriam secuting in character, and opposed to the best interests of church and state; and therefore, 18 The Lincoln Memorial (Poems by Donald that it is not within the province of human H. Ecroyd, government to enact such legislation or per- Elizabeth P. Campbell, Mildred L. Judkins) form such acts. We believe it is our duty to use every lawful 23 Focus on Freedom and honorable means to prevent the enactment of legislation which tends to unite church and state, and to oppose every movement toward 27 Gentlemen of the Jury such union, that all may enjoy the inestimable blessings of religious liberty. 30 Editorials: Fair Employment Opportunity . . . Legal Test We believe that these liberties are embraced Has National Scope . . . Judge Not in the golden rule, which teaches that a man should do to others as he would have others do to him. 32 World Report

THE RELIGIOUS LIBERTY ASSOCIATION OF AMERICA was organized in 1889 by the General Conference of Seventh-day Adventists. Dedicated to the preservation of religious freedom, the association advocates no political or economic theories. General secretary, Marvin E. Loewen; associate secretaries, W. Melvin Adams, Roland R. Hegstad. COPYRIGHT: The entire contents of this issue is copyrighted © 1963 by the Review and Herald Publishing Association. All rights reserved. SUBSCRIPTION RATES: One year, $1.25; one copy, 25 cents. Slightly higher in Canada. Subscription rates subject to change without notice. All subscriptions must be paid for in advance. Except for sample copies, papers are sent only on paid subscriptions. CHANGE OF ADDRESS OR SUBSCRIPTION CORRESPONDENCE: Please enclose address label from magazine or wrapper. Allow one month for address change. Write: Review and Herald Publishing Association, Washington, D.C. 20012.

JANUARY-FEBRUARY 3 from the editor's desk

SIGNIFICANT change appears on the mast- back to $1.25. The rate has stayed at $1.25, but the head of this month's Liberty. Henceforth the circulation has changed. With this issue, Liberty goes magazine will appear under the aegis of the to more than 350,000 subscribers. Religious Liberty Association of America rather than Items: of the International Religious Liberty Association. * A little deer is called a fawn. When fawns grow Since both are organizations of the Seventh-day up they are no longer called fawns. They are called Adventist Church, no change in aims or editorial bucks or does. The question is, Are they still deer? policy is involved, as a look at the Declaration of (Uh-huh.) Principles will confirm. A little sectarian school is called parochial. When Reason for the change: Nationalism, which in many parochial schools grow up, they are no longer called areas makes the publication of regional religious lib- parochial schools. They are called colleges or uni- erty journals seem advisable. First to appear will be versities. The question is, Are they still sectarian? a sister journal in the Philippines. Target date: 1964. (Uh— well, the Supreme Court may get a crack at The IRLA will publish an international edition of that question! See page 30.) Liberty for countries not covered by regional journals. * "My church members are taxed double," says Rus- The change to the Religious Liberty Association of sell C. Spangler, pastor of the Stettler (Alberta, Can- America does not mean that Liberty will give less ada) Seventh-day Adventist churches. "They pay taxes emphasis to problems of religious liberty abroad; coverage of international events will continue and to support the public schools and then get no gov- increase. ernment help for their parochial schools." Recently Mr. Spangler's church was offered aid. He tells what Liberty's influence outside North America has been his members decided, and why. (See page 16.) gratifying. Take, for example, the word passed on by * Draw two lines on the blackboard, one percep- Hector Suarez, editor of Today, the newspaper sec- tibly longer than the other. Get a college class to ond in circulation in the Netherlands Antilles. Mr. agree that the shorter is the longer. Now bring in an Suarez attended a session of the Antilles legislature unsuspecting member of the class and ask him which at which a senator was delivering a fiery speech favor- is longer. How likely is he to be swayed by the ing separation of church and state. Impressed by the majority opinion? (See "Why Do We Conform?" senator's grasp of his subject and the material he was page 8.) using, Mr. Suarez moved nearer his desk to see where * he was getting his information. Said Mr. Suarez: "I Then there are the Letters. But odds are that you found that he was quoting directly from Liberty mag- read them before anything else in the magazine. Most people do. azine, citing first one world figure and then another." Here in the States a judge writes that he never ROLAND R. HEGSTAD decides a case involving religious liberties without checking his file of Liberty, which goes back many years. A governor vetoed his State's Sunday-closing bill, his veto message drawing on material in the January-February, 1963, Liberty. A West Virginia ear 1r: newspaper editor withdrew his paper's support of Sunday-closing laws after reading that issue of Lib- erty. In an editorial titled "Another View of Blue CANADA REPORTS Laws," he wrote: "This publication gives reasons D. A. GREENOUGH, Minister against Sunday-closing laws which are more convinc- Trinity United Church ing than the reasoning of the Charleston Downtown Fort Macleod, Alberta Association." And there is more good news on the home front. While there is much with which I cannot agree, may I Four years ago Liberty was a quarterly journal, sub- commend you on a well written and stimulating magazine. scription rate $1.25, circulation 177,000, which ranked Your recent issue concerning the separation of church and state has proved enlightening. It is helping me to under- it first among the few publications specializing in stand the American scene, and American historic prejudice religious liberty. In January of 1960, Liberty grew to in this respect. a bimonthly; the subscription rate to $2.50. By 1962, In the meantime, I am somewhat grateful for the different circulation was 218,000, and the subscription rate went tradition that exists in Canada that supports some form of

4 LIBERTY, 1964 religious education or exercise in the schools. I have no DELINQUENCY AND CHILD TRAINING wish to impose a religious faith or a particular Biblical interpretation on those of differing views, but I am concerned LESLIE E. SALTER, Judge for those of no religious background who might otherwise Superior Court, Cook County be deprived of a knowledge of the Word of God which might Chicago, Illinois lead in time to their own conversion experience. Your editorial in the last issue, pointing out the root The situation varies from province to province—from New- of the evil in juvenile delinquency, was quite correct. I foundland, with its entire educational system under the direc- don't know how you could have stated it better in one short tion of the church, and Ontario, with its prescribed course sentence: in religious instruction—to British Columbia where very little "But let's call delinquency general, not juvenile—our youth, is done in this respect. after all, reflect our homes." I fully support religious freedom but am opposed to freedom Since becoming Superior Court Judge ten years ago, I am from religion. often asked to address community and parental groups on the [See page 16.—En.) problem of juvenile delinquency. I am continually amazed to find among a great number of parents, many of whom are LIBERTY—IN DOCTOR'S OFFICE otherwise well educated and informed, a general lack of understanding of the most rudimentary principles of proper ROBERT W. REASOR child training. Montgomery, Pennsylvania This morning I read a copy of your magazine in my PATRIOTISM IN POOR REPAIR doctor's office, and was much impressed. I am a Sunday school superintendent in our local Methodist church, in charge JEROME D. HAROLD, Secretary of the youth. I have been looking for a magazine of this Committee to Warn of the Arrival of Communist Mer- nature to obtain material to round out our Sunday service. chandise on the Local Business Scene My check for $1.25 is enclosed. Miami, Florida We are subscribers to your fine LIBERTY magazine and LIBERTY—IN ATTORNEY'S OFFICE we were much impressed with the excellent page you had in MRS. WILLIAM W. BOWLES the July-August issue with regard to patriotism. San Antonio, Texas We photocopied the page so much that it is in very poor repair. Yesterday I came across LIBERTY: A Magazine of Reli- We certainly would appreciate it if you would send us gious Freedom in my attorney's office. When I looked it over another copy of that quote from the Chicago Herald-Amer- I was very impressed. I had never seen it before, and it ican. seems to be a fine publication. My husband also was impressed, so I copied the address to mail a subscription. Congratulations on an excellent magazine, and an essential BACK ISSUES? for everyone's reading list, considering the situation in Amer- ica today. C. H. GRIFFIN West Covina, California LIBERTY—IN HOSPITAL WAITING ROOM Congratulations on your LIBERTY magazine. I am using CURTIS W. EDWARDS several parts of your magazine in an American Heritage proj- Aiken, South Carolina ect described in the included newspaper article. Is it possible to get back issues of the magazine? I read in your July-August issue that one of your new subscribers found an issue in a laundromat and subscribed [At the library; but if you don't return them, the after reading it. Well, I found mine in a hospital waiting librarians won't like you.—ED.] room, and if you will let me subscribe to it, I'll put it in my coin-operated laundry when I'm finished with it. Yours is the best magazine I've read, and I do plenty of reading. A check CHRISTIAN OBJECTIVITY is enclosed. WILLIAM B. WILLIAMSON, Rector Church of the Atonement AGREEABLE Philadelphia, Pennsylvania A. F. CARRILLO DE ALBORNOZ I have been pleased to receive the May-June and the Religious Liberty Secretary July-August issues of your splendid magazine. I am much World Council of Churches impressed, and wish to commend you for facing up to so Geneva, Switzerland many issues with Christian objectivity and scholarly concern. I wish to thank you very much for your kind appreciation, Would you be good enough to send me any earlier issues in the magazine LIBERTY, volume 58, number 5, page 30, of that contain the first part of Professor Maxwell's excellent my ideas on religious liberty. Besides, I completely agree with piece "The Constitution and the Supreme Court"? the considerations you make in your article. [Dr. Carrillo's latest book on religious liberty, The CONSTANT VIGILANCE Basis of Religious Liberty, is available from Association VESTA W. MANSELL Press, 291 Broadway, New York 7, N.Y., $3.75, and the Downey, California SCM Press, 56-58 Bloomsbury St., Bedford Square, Lon- don, W.C. 1, 12s. 6d. For some of its contents see LIBERTY You are to be commended for the fine work you are for November-December, 1963, page 22.—ED.) doing in preserving our American heritage of freedom.

JANUARY-FEBRUARY 5 YOUR TAX BILL AND BUSES are not given to Catholic schools, Catholics will punish other FOR PAROCHIAL SCHOOLS taxpayers. The facts are, all taxpayers, even those without children of MRS. FLORENCE SHARKEY school age, pay for the support of public schools, so Roman San Carlos, California Catholics are not the only people who could imagine them- Just read your report by Gaylord Briley on "Tax Bill and selves cheated. A spinster, a bachelor, and a father of quin- Buses for Parochial Schools," and wonder what kind of an tuplets pay the same kind of school tax. So do those childless idiot he is. If all the children of parochial schools went to artificial persons known as corporations, which in some areas public schools, they would need more buses and schools and pay most of the school budget. Public schools, of necessity, teachers, and the taxes would be much more than they are must be supported by more taxpayers than make use of them. now. There are plenty of States that do not supply transporta- If the ladies want a solacing benefit to chalk off against tion for parochial schools. If I had my way I'd close all reli- their school taxes, let them look at their parochial school gious schools and let the public schools have all the expense, system. It never would have come into being except for the and then see what the taxes would be. existence of the public schools. Left to itself, the Roman Catholic Church, the world over, has never erected a compre- CHARLOTTE T. MC CARTHY hensive school system except where forced to do so by the Dorchester, Massachusetts competition of free public schools. Such schools as it otherwise conducted were for the limited education of the ruling It might be well to consider that parents of nonpublic school elite and the training of clerics. children ( 90 per cent of which you state attend Roman Cath- The suggestion that Roman Catholics would seriously think olic schools) are also taxpayers! Like all citizens, they pay of "dumping" their children on public schools is preposterous. the same amount of State and local taxes, part of which is Last spring in Missouri, hundreds of Catholic youngsters were used for the establishment and upkeep of public schools and marched from parochial schools to enroll at public schools for the cost of running school buses in those communities in protest over the state policy of no buses for parochial schools. where such transportation is necessary. However, unlike par- But where are those children now? Reporters found virtually ents of public school children, they are not getting the benefit all of them safely back in parochial schools this fall. CEF of "free" schooling for their children—they are, in fact, pay- crusaders in Missouri lost their nerve when they discovered ing taxes to support public schools plus paying tuition to the the public schools were quite willing, able, and eager to ac- private schools of their choice. Is it then so unreasonable, or commodate parochial school dumpees. more strongly against the law, that they should reap some Catholic leaders have no real intention of permanently benefit from their tax money—the use of public transportation emptying their schools. Any dumping of students would be for their children, for instance? simply for the purpose of disrupting public education, and I do not believe it is necessary for me to go into the prob- thus bringing pressures to bear on public officials. lems that exist in public school systems throughout the country; It is regrettable that children have become pawns in this namely, overcrowding, lack of qualified teachers, etc., since I struggle. Many Catholics themselves disapprove of such pres- am sure you are aware of these conditions. In view of the fore- sure tactics. As Msgr. William E. McManus, school superin- going, however, you might also consider this: The taxpayer tendent, Catholic Archdiocese of Chicago, observed: "I have would have to assume a far greater burden if all the children learned with dismay that some Catholics do not approve of who are now attending parochial schools were suddenly trans- asking or accepting any aid from the Government. . . . Some ferred to public schools. A rather frightening thought, . . . seem to think it rather vulgar for the church to flex her wouldn't you say? muscles in public." I send my daughter to a Lutheran parochial school (although THE AUTHOR REPLIES I'm a Baptist) and gladly pay every expense related to her schooling. I have some idea of the financial problem faced by The letters from Mrs. Sharkey and Mrs. McCarthy bear a parents who choose to give their children a religious educa- family resemblance to others I received, promoting arguments tion. But it hasn't turned me against separation of church and commonly advanced by Citizens for Educational Freedom, a state.--GAYLORD BRILEY. Catholic-sponsored "non-sectarian" propaganda group sparked by the Jesuit fathers of St. Louis University. [For a fuller discussion of public taxes for parochial Two nonfactual, emotional appeals seem to underlie their school buses, LIBERTY readers may wish to write POAU letters: (1) Pity—Parents who do not send their children to for a free copy of "The Runaway Bus." Address: POAU, public schools are somehow being cheated. (2) Fear—If taxes 1633 Massachusetts Ave., NW., Washington 6, D.C.—ED.}

THE NATION WAS tensing for the Civil War. The Chief Executive knew it was coming, and prepared his spirit for the conflict. "I know there is a God, and that He hates injustice and slavery," he wrote to Newton Bateman before the 1860 election. "I see the storm coming, and I know His hand is in it. If He has a place and work for me, and I think He has, I believe I am ready. I am nothing, but truth is everything. I know I am right, for Christ teaches it, and Christ is God. I have told that a house divided against itself cannot stand, and Christ and reason say the same thing; and they will find it so." It is this spirit of resignation to God's will, of confidence in the leading of Divine Providence, that Jes Schlaikjer, N.A., has caught in this memorable new portrait of Abraham Lincoln and the Book of God.

6 LIBERTY, 1964 John F. Kennedy

In Memoriam

( arl Sandburg, describing in The War Years the events that followed Lincoln's assassination on April 14, 1865, wrote: "Thousands on thousands would remember as long as they lived the exact place where they had been standing or seated or lying down when the news came to them, recalling precisely in details and particulars where they were and what doing when the dread news arrived." So will it be with stunned and grieving millions—not alone of America but of the world—who lived through the events of November 22, 1963, when John Fitzgerald Kennedy, thirty-fifth President of the United States, died at the hands of an assassin. And wherever the place, whatever the task, life seemed suspended in an awful vacuum of shock and disbelief. Then through radio and television America was there in Dallas—sharing in the dread events of that dread day, hearing the crack of the assassin's rifle, feeling the bullet, seeing the blood dye Mrs. Kennedy's skirt red, echoing the shocked protest wrenched from her lips. Then the anxious wait at the hospital, where man sought vainly to undo what the hand of man had done. In his inaugural address the President had said: "Let every nation know, whether it wish us well or ill, that we shall pay any price, bear any burden, meet any hard- ship, support any friend, or oppose any force in order to assure the survival and success of liberty." On November 22 John Fitzgerald Kennedy paid the ultimate price. The editors of LIBERTY and officials of the Religious Liberty Association of Amer- ica deeply regret his death. To his successor, President Lyndon B. Johnson, we pledge that loyalty which Scrip- ture says is due earthly rulers. And more, our continued devotion to, and unreserved effort on behalf of, "the survival and success of liberty."

[For another tribute, see page 28.—Ed.j

JANUARY-FEBRUARY 7 WHY DO WE CONFORM? HOW DOES CONFORMITY AFFECT THE FREEDOM OF THE N JIACOnfJPriniSt ?

GORDON T. HYDE, Ph.D. Professor of Communications, Southern Missionary College

INCE the day when enchanting Eve beguiled unwilling Adam into tasting the fateful fruit of the forbidden tree, men and women alike, S wielding or yielding, have tasted the mysterious power of conformity. Witness modern Eves of the world hanging upon every snip of the fashion king's imaginative shears, ready to cast their wardrobes into a sea- sonal "molt" in readiness for whatever they will be wearing for the new season. Witness Adams, too, joining clubs (or churches), subscribing to un- authorized charities, puffing on cancer-chancing smokes, sipping their way to fame in Alcoholics Anonymous, or paying dearly to trade in a tried and tested '63 for an untried and untested '64—all because the Joneses or the Smiths are doing the same. And the youth? Behaving much like their parents, only somewhat more ardently, more extremely, more emotionally, and more recklessly. Whence, then, and how widespread is this strange urge to confOrm—to look, to be, to act, to go, to buy—yes, even to be buried like everyone else? Is "rugged individualism," once the pride and the mark of real men, dead?

WHY DO WE CONFORM? It is not difficult to understand the persuasive influence of tortures, ancient or modern. The thumbscrew, the rack, solitary confinement, hard labor, bread and water—these and even more exquisite devices for inducing physical and mental suffering have had a long and horribly successful history in bringing the nonconformist into line with the will of an authority; or, more recently, with the will of the majority. Unless sustained by overmastering conviction or devotion, the average man has been ready to yield rather than to suffer or to die. But what can account for the tendency to conform to majority opinion on nonvital matters, when strong evidence shows that the majority view is not true or right, and when there is no present threat of physical duress to crush independence of thought?

8 LIBERTY, 1964 male students between the ages of 17 and 25 drawn from three colleges of different types. A disagreement between a group and one member was produced about a clear and simple issue of fact. Foremost is our need to identify with a group. For example, students were asked to compare the As Wayne C. Minnick observes in his succinct vol- relative length of lines. A standard line was to be ume on The Art of Persuasion: "We conform to group matched with one of three comparison lines, which standards for other reasons than fear of punishment. differed appreciably in length from one another. One The most obvious factor is that we must belong to a was equal to the standard. group if we are to satisfy personal wants and goals. One by one students in the unanimous group in- We attain prestige, status, power, economic security, correctly matched the standard with a line not its and other desired states within a group. If the group length. Then each dissenting student was asked to state rejects us, we find it impossible to achieve certain his judgment publicly. Here was pressure to conform. goals." On this basis, then, infants grow to manhood, Results showed that the erring majority succeeded learning all the while that "if one is to realize personal in deflecting one third of the minority estimates! In ambitions, he must do so within a group whose ideals other words, one-third of the student subjects denied and acts he is willing to make his own." the clear evidence of their own senses in order to conform to the voiced, erroneous majority judgment! After the experiment, students who had conformed HOW STRONG IS THE URGE TO CONFORM? to the erroneous majority were interviewed. Interesting According to experimental evidence, the urge to con- insights into human reactions came to light. The conform is very strong. forming students had first tried to resolve the conflict In 1956, Solomon E. Asch reported in Psycholog- by means of various hypotheses, which they were com- ical Monographs on a series of "Studies of Independ- pelled to surrender by the control group. The contra- ence and Conformity: A Minority of One Against a dictory arguments frequently produced in the students Unanimous Majority."' As subjects, Asch used 123 white concern, doubt of their accuracy, temptation to join the

JANUARY-FEBRUARY 9 majority. As opposition persisted, the lone students be- 300 adults. Each group was administered a scale on came increasingly self-centered. They expressed fear of which to register opinion on such controversial issues conspicuousness, of public exposure, of personal de- as "Good oil is made and not found" and "Installment fects, and of group disapproval. They felt acutely their buying has a detrimental effect on the stability of Amer- loneliness. ican economic life." As might be expected, some students were more The test was repeated after an interval of one month, independent. Some faced opposition with confidence in but in the retest, the subjects were informed of the their own judgment. Others conceded that the majority majority opinion on each issue. Results indicated a must be right, but they nevertheless refused to surren- marked influence exerted by knowledge of majority der their own convictions. A few subjects appeared opinion. The average percentage of change in opinion unaware of majority pressure. Once their confidence in proportion to the total number of possible changes was shaken, however, a substantial percentage of the was 64 per cent for the high school seniors against 17 students yielded; the presumed rightness of the majority per cent for their control group; 55 per cent for the robbed them of the resolution to report and support college seniors against 16 per cent for their control their own observations. Others who yielded lost sight group; and 40 per cent for the adults against 14 per entirely of the question of accuracy, and were domi- cent for their control group. Similar experiments by other nated by the determination not to appear different— researchers have produced similar results.' apparently out of fear of revealing a general and un- defined defect. Asch varied the experiment. Judgment of relative INEVITABLY, THE QUESTION must arise in the minds brightness of colored disks was substituted for judgment of free men: If these experiments are valid and would of line length. There was no significant change in re- give the same results no matter how often repeated sults. But when the majority group no longer voiced ( which seems a reasonable expectation ), then what im- its collective judgment, its influence was sharply re- plications do such findings have for the concepts of duced. freedom, democracy, and individual rights cherished by If one third of the subjects in a college experiment all truly democratic nations today? Though a multitude that measured objective matters abandoned their own of answers might be given, certainly one is this: we sensory observations when faced with a contrary major- must entertain fears for the future of minority opinion. ity opinion, what incidence of conformity might be expected when matters of policy, expediency, or idealism In this age of massive, centralized government, the are at stake? Again, experimental evidence supplies the overwhelming proportions that might be assumed by answer. One aspect of a study conducted by C. H. majority opinion threaten the survival of a virile minor- Marple, and reported in the Journal of Social Psychology, ity view. Especially might this be a likelihood because of used control groups as a check on 900 subjects made up the outreach and inreach of the mass media of modem of 300 high school seniors, 300 college seniors, and communications, which for economic reasons alone could so easily become instruments of the propaganda systems of majority opinion. Even the urbanization of modern societies, with the consequent development of physical and economic dependence, plays its part in producing submission to the group. The lesson of childhood is repeated: Personal goals often are achieved only as they are in harmony with the goals of one's group. "I think that the influ- ences toward suppression Freedom to disagree is essential in both the secular of minority views — to- and the spiritual realm. It must survive. We must seek ward orthodoxy in think- the spirit of the father whose son recently chose non- ing about public issues— combatant service when called to register for military have been more subcon- duty. Said the proud father to the officials, "I do not scious than unconscious, believe in the least in what my son believes and wants stemming to a very great to do, but I will fight with everything I have for his extent from the tendency among Americans right to believe and to do it." *** to conform . . . ; to be safe and sound and not to deviate or depart from an orthodox REFERENCES point of view; to have not much original think- Wayne C. Minnick, The Art of Persuasion (Boston: Houghton Mifflin, ing; to not deviate very far from the official 1957), p. 103. 2 Ibid. policy . . . ; to be safe and not get into con- Solomon E. Asch, "Studies of IndeRendence and Conformity: A Minority of One Against a Unanimous Majority, ' Psychological Monographs (1956), troversial issues."—Supreme Court Justice Wil- vol. 70, no. 9 (416),pp. 1-70. liam 0. Douglas, Mike Wallace Interview No. 'C. H. Marple, "The Comparative Susceptibility of Three Age Levels to the Suggestion of Group vs. Expert Opinion," Journal of Social Psychology, 3, Fund for the Republic, 1958. 4 (1933), pp. 176-186.

10 LIBERTY, 1964 for SUNDAY

RICHARD COHEN

Public Relations Director, American Jewish Congress

. THE astonishment of the New York Times, Of all institutions in the city, the New York Times New York's new Fair Sabbath law caused hardly should be among the least surprised at the flagrancy with Ta ripple in the commercial life of the city when which the laws of the city and State are abrogated each it went into effect in October. Sunday. For each Sunday the Times carries advertise- Breathless in its discovery that there was widespread ments not only of stores open for business on that day lawbreaking, the Times reported that scores of "novelty but of other mercantile establishments which, while shops, bag shops, shoe shops and clothing shops" were closed in keeping within the law, nevertheless take tele- open both Saturday and Sunday in violation of the State phone orders in violation of it. Among the department Sunday-closing law. The statute, which traces its lineage stores that took to the Times to announce their phones back to 1655, prohibits—with certain stated exceptions were ready to take orders on the very Sunday the Sab- —all Sunday commercial activity except "works of batarian exemption went into effect were Lane Bryant, necessity and charity." Stern's, Gimbel's, and Saks-34th. Among the stores that The occasion for the Times' sudden interest in what proclaimed through the columns of the Times that their goes on downtown was that "momma-and-poppa" stores doors were open for all to enter on that Sunday were operated by Orthodox Jews, Seventh-day Adventists, and Dean's Furniture of Astoria, Queens; Churchill's others who close on a day other than Sunday, in ob- ("America's Largest Collection of Stereo Hi-Fidelity & servance of their religious day of rest, had become ex- TV with Bars and Storage") in Brooklyn and Manhat- empt from the law. The Times conceded that shops tan; and Furniture City in Brooklyn. operated by genuine Sabbatarians—for whom the law What the Times report did not mention was that its was designed—did keep closed on Saturday. As for the own publication on Sunday was itself questionable. In thousands of storekeepers who have been violating the the 268 years since Sunday prohibitions were first en- Sunday law for years by staying open both Saturday and acted into the law of what is now the State of New Sunday, the Times could quote only a court decision, York, a veritable barnacle of exemptions, exclusions, dating back to 1904, that held: and exceptions have encrusted themselves onto the "The Anglo-Saxon sheds statutes which grow obsolete statute, as they have in every State that limits secular and obnoxious the same as a snake sheds his skin. He activity on Sunday. The law-abiding New Yorker on has seldom bothered to repeal them, as everyone ac- Sunday may sell real property but not personal property; quainted with the history of laws very well knows. No watch a ball game but not a bicycle race; patronize a citizen any longer makes a complaint under them and delicatessen but not a barbershop. On that day he may thus they become dead letter laws. It is not the business legally buy bread but not uncooked meat; milk and of the police to revive them. They are not employed and fruits but not vegetables; gasoline and oil but not bat- paid by the citizens for any such purpose." teries; beer (after 1:00 P.M.) but not butter; pipe

JANUARY-FEBRUARY 11 tobacco but not a pipe; girlie magazines but not the because the Catholic Church has been the last major Holy Bible ( books being prohibited merchandise ). religious advocate of Sunday as a day on which the whole But there is no specific exemption for newspaper pub- community must set aside what might be termed lishing in the State Sunday-closing law, or in the city's "worldly pursuits." Jewish organizations oppose Sun- new Sabbatarian exemption, made possible under an day laws on principle. Protestant churches (several of enabling act passed by the State legislature last April. which established the Lord's Day Alliance during the Thus the newspaperman assigned to cover the blue- past century to stimulate enforcement of Sunday-closing law story, the editor who sent the story to the composing statutes) appear to have devalued Sunday considerably. room, the linotype operator who set it in type, and the Perhaps the most telling admission of the effect on printer who put it on the press were all probably guilty Sunday of life in the age of Glenn and Gagarin came in of Sabbathbreaking, a misdemeanor making each of a little-noted announcement some time ago by the Rev. them liable to a $5 fine, five days in jail, or both ( as Dr. Robert A. Edgar, minister of the Central Presbyterian first offenders). church on Park Avenue in Manhattan. Dr. Edgar dis- One man who was found guilty of violating the law closed that henceforth the church would hold special earlier in 1963—and whose stubborn devotion to princi- Wednesday evening services for those worshipers who ple was probably the greatest single factor in the enact- could not attend Sunday morning. "If you are occasion- ment of the Sunday-law exemption for Orthodox Jews ally away on Sunday, you can keep up the continuity of and other Sabbatarians—is a cheerful grocer in the your worship by attending Wednesday," he said. "If Brownsville section of Brooklyn named Charles Pam. you can't come on Sundays at all, then the Wednesday Mr. Pam is a pious Jew who locks his store at sundown services are just the right ticket for you." every Friday, not to open again until Sunday morning. The struggle for Sunday thus goes beyond considera- A few minutes after 10:00 A.M. on the morning of Sun- tions of theology or even of constitutional liberty. To- day, July 22, 1962, while he was selling a can of tuna day commercial forces contending for the shopper's dol- fish and a jar of baby food to a woman customer, in lar play the key role in determining what Americans may walked Patrolman James J. Dalton. He promptly spied or may not do on "their" Sunday. the transaction and wrote out a summons. The charge: It was the post-World War II move to the suburbs, Violation of the New York Sabbath law, which limits combined with what might be termed the automobile the Sunday sale of cooked and prepared foods ( including explosion, that turned the question of Sunday from a canned foods) to the hours before 10:00 A.M. and be- theological to an economic one. Merchants of all kinds tween 4:00 and 7:30 P.M. took to the road to meet the needs of a growing popula- In an eloquent burst of indignation, Mr. Pam refused tion that found Sunday the most convenient family shop- to pay the standard $5 fine, got his "Irish" up, and ping day. Low rents and high volume permitted many decided to fight—"all the way up to the United States of these outlets to cut prices below the level that down- Supreme Court if I have to." Helped by the American town stores had to charge for the same branded items. Jewish Congress, which provided legal strategy and Sunday sales soon began to account for an increasing counsel, Mr. Pam got as far as the Brooklyn Criminal share of weekly retail volume—up to 30 per cent in Court, where he was found guilty and fined $5, with some discount operations. sentence suspended. By the time the case had been de- Complicating the picture was the blurring of lines cided, however, Charles Pam had made eleven highly between different types of retail operations. Grocery publicized court appearances, become a familiar figure stores selling sport shirts, drugstores selling cameras, to newspaper-starved New Yorkers getting their news and gasoline stations selling home appliances turned from the city's TV stations, and focused such attention traditional merchandising practices upside down and on the annual legislative drive for a Fair Sabbath law created a brand-new kind of competition. It also raised that after twenty years of trying, a measure empowering new problems of enforcement, particularly in cities and New York City to exempt Sabbatarians from the Sun- States that restricted Sunday selling according to what day-closing requirement was actually passed by the State was sold rather than where it was sold. Seriously hurt legislature and signed into law by Governor Rockefeller. by the rise of the Sunday merchant, downtown stores re- So effectively had Mr. Pam dramatized the plight of taliated by campaigning for stiffer laws and tougher the Orthodox Jewish storekeeper that the national Jesuit enforcement. The battle was on. weekly America, in a significant reversal of position by Eventually it reached the U.S. Supreme Court, which the Catholic Church, supported passage of the ordinance. in 1961 handed down decisions in four Sunday law cases "To allow them to open shop on Sunday," the magazine upholding the validity of blue laws of Pennsylvania, wrote, "will not seriously impede the Sunday-closing Maryland, and Massachusetts. Two of the cases were law's purpose of keeping one day a week free of busi- brought by discount stores operating seven days a week. ness occupations and will relieve conscientious Jews of Here the high court rejected by a vote of 8 to 1 the claim what they regard as an inequity." that Sunday laws—by making the Christian Sabbath the The America editorial was all the more significant day of rest for every citizen—were an establishment of

12 LIBERTY, 1964 Religious and economic considerations moved him to sign the New York City Fair Sabbath law last September 30, said Mayor Robert F. Wagner. The law "takes cognizance of the religious sensibilities of all and will, at the same time, permit economic justice to those merchants who, by religious convictions, take their day of rest on Saturday," said the mayor. Action on the measure came after New York Gov. Nelson Rockefeller signed legislation last April, giving the city local option on the State's Sunday- N . Y.DAILY NEWS PHOTO closing laws. The measure affects an estimated 2,000 54-Sing Sabina lam Saud businesses in New York City.

religion barred under the First Amendment. The major- small Jewish merchants and other Sabbatarians—deserve ity held that if the present purpose of a Sunday law was an exemption. Some fifteen States now permit storekeep- to use the state's coercive power to aid religion, the meas- ers who close on Saturday for religious reasons to open ure would be in violation of the Constitution. But while on Sunday. conceding that the original intention of blue laws was Another new trend is the weekend closing law, which indeed to aid religion by ensuring the observance of the gives every storekeeper the option of deciding for him- Christian Sabbath, the high court ruled that Sunday self whether he shall close on Saturday or Sunday. Texas legislation had evolved to the point where today its was the first State to try this approach in 1961. Michigan "present purpose and effect [was} to provide a uniform followed suit in 1962, and other legislatures also are day of rest for all citizens. examining this possible solution to the problem. From "That this day is Sunday, a day of particular signifi- the civil liberties point of view especially, a law prohibit- cance for the dominant Christian sects, does not bar the ing the sale of merchandise on consecutive Saturdays and state from achieving its secular goals," the court held. Sundays appears preferable to one that gives a special The other two cases decided by the high court in- status to Sabbatarians who are exempted from legislation volved Orthodox merchants such as Charles Pam who the rest of the community must obey. Among other closed their stores on Saturday and opened up on Sun- advantages, the weekend closing option also removes day. Here the vote was 6 to 3, with the majority hold- the necessity of a requirement (such as in Minneapolis, ing that Sunday laws did not violate religious freedom Minnesota) that persons claiming the exemption for since they did not make unlawful any of the appellant's Sabbatarians register with the police. religious beliefs. "The freedom to hold religious beliefs For all the statutes, enabling acts, Fair Sabbath ex- and opinions is absolute," Chief Justice Warren ruled. emptions, and so welter, Sunday's future would appear But it was "freedom to act" that was at issue, and such to be in the hands of neither the courts nor the legisla- freedom "is not totally free from legislative restrictions" tures but the people themselves. It remains to be seen —including Sunday laws, which are "of a secular rather whether the Englishman Richard Braithwaite's poem of than a religious character." 1638 will, after more than three centuries, become an With the constitutional question decided, the battle anachronism: moved to the State legislatures. Two recent developments To Banbury came I, 0 profane one! point the way to a compromise in the struggle for Sun- Where I saw a Puritane-one day. First, there is growing support for the idea that Hanging of his cat on Monday small family businesses like Mr. Pam's corner grocery— For killing of a mouse on Sunday. the so-called "momma-and-poppa" stores operated by ***

JANUARY-FEBRUARY 13 GORDON F. DALRYMPLE Assistant Editor, Signs of the Times Mountain View, California CHURCHES Against Sunday Laws?

HE once nearly solid front of church support "1. United Presbyterians not try to make existing for Sunday-closing laws has been breached. One laws more stringent in their prohibitions of Sunday ac- Tmajor Protestant denomination has gone on rec- tivities, nor seek to pass such laws where they do not ord against Sunday laws. Both Roman Catholic and exist. Such efforts are not conducive to an effective wit- Protestant spokesmen are voicing opposition to enforced ness to Jesus Christ, regardless of what motivates them. Sunday closing. A leading Roman Catholic publication "2. United Presbyterians carefully investigate the ef- has editorially supported an exemption clause for Sab- fect of existing Sunday-closing laws on persons who, batarians. After twenty years of trying, backers of a because of their faith, voluntarily cease economic ac- New York Fair Sabbath law that would enable New tivity on a day other than Sunday, and are required by York City to exempt Sabbatarians from the city's code law to cease their economic activity on Sunday as well." saw it passed by the State legislature. New support -from As part of their "authentic concern" about their fel- Roman Catholics was material in securing its passage. low men, United Presbyterians are urged to "seek Behind the growing clerical opposition to Sunday- amendments" exempting such persons from Sunday closing laws are several basic convictions. laws. "In States where specific exemptions of Sunday- "Minority rights were cited by my church in its dec- closing laws appear to be arbitrary in the extreme or laration," said a Protestant spokesman, "but equally bear little, if any, apparent relationship to public safety, prominent in our thinking was the conviction that mean- health, morals, or welfare," said the report, "United ingful worship must be voluntary." Presbyterians [should) after careful study, seek amend- "Mere external laws can never be the essence of Chris- ments that will mitigate these arbitrary provisions." tianity," said a Roman Catholic professor of moral the- The assembly affirmed its conviction that "the church ology. The general impression of law and legislation itself bears sole and vital responsibility for securing "make Christianity" a "fallacy." from its members a voluntary observance of the Lord's "By what authority can government compel one per- Day. The church should not seek, or even appear to son not to work on Sunday because the majority of the seek, the coercive power of the state in order to facili- populace deems Sunday to be a holy day?" asked a tate Christians' observance of the Lord's Day." prominent jurist. "Moslems may some day control the The Religious Liberty Committee of the Viriginia State legislature. Can they make criminal the opening Baptist General Association admitted that it could not of a shop on Friday? Would not we Christians fervently "escape the opinion that Sunday laws represent an ef- believe, if that came to pass, that government had no fort to use the police power of the State to enforce a authority to make us bow to the scruples of the Moslem religious holiday and provide by law one day in each majority?" week for the worship of Almighty God." Said the committee: "Christians should need no sup- ADDITIONAL REASONS for opposition to Sunday- port from the State in observing with reverence, thanks- closing laws appear in a position paper on church-state giving, and public gatherings for worship and Bible relations adopted by the United Presbyterian Church in study the first day of the week. It has been truly said," the United States at its 174th General Assembly. It the committee concluded, "The right sort of Sunday can recommends that: only come from the development of an inner spirit."

14 LIBERTY, 1964 Father Charles E. Curram, of Rochester, New York, Leo C. Pursley, bishop of the Fort Wayne-South professor of moral theology at St. Bernard's Seminary Bend Diocese, also has stressed the nonlegal approach: (Roman Catholic), expressed his doubt that the solu- "I have never approached the question of Sunday shop- tion to the Sunday law confusion lay "in the enactment ping and Sunday closing from the legal point of view. I of more precise laws." Echoing the Baptist committee's have never advocated the enforcement of any civil conclusion, Father Curram said, "Mere external laws can statute. Ever since the matter became a public issue, an never be the essence of Christianity. Christianity is es- item in the newspapers, a few years ago, I have ex- sentially God's love for man as manifested in Creation, horted the Catholics in this diocese to follow their con- redemption, and the destiny of man to eternal happiness science, to obey the law of God and the precept of the from heaven. . . . Christianity is primarily love but not church concerning Sunday rest and worship. This is still external law." my official position." A leading Catholic expert in constitutional law, Fa- IT CANNOT BE SAID, of course, that the majority of ther Robert F. Drinan, dean of the Boston School of Protestant and Catholic churches or church leaders Law, has questioned the legality of Sunday laws. "The throughout the United States have accepted these con- religious freedom of non-Sunday observers has been cepts. The trend does indicate that leaders in both and is clearly infringed upon by the law's establish- Catholic and Protestant communions are taking a long ment of Sunday as the universal day of rest," said Father second look at Sunday laws, and to a degree unheard of Drinan. a few years ago, expressing their displeasure at enforced Dr. Chester J. Antieau, of Washington, D.C., pro- conformity. In a few cases, as with the Presbyterian fessor of law at Georgetown University (Catholic), has General Assembly statement, opposition to inequitable stated that Sunday-closing laws "unquestionably do laws and support of remedial legislation—i.e., exemp- grave economic injury" to some religious minorities. He tion clauses for Sabbatarians—are officially expressed. also challenged the validity of the argument that Sunday The most significant policy statement from a Roman laws "keep our families together." Catholic source appeared in the national Catholic It is unclear at the moment whether the trend in Cath- weekly America for April 20, 1963. The magazine edi- olic circles toward persuasion rather than the legal ap- torially supported passage of a New York State law proach has sufficient support to be called the Catholic that would permit New York City to exempt Sabbatar- viewpoint. Certainly a significant segment of the ians from provisions in the State code. church's leadership now can be said to disapprove of the "The people who stand to benefit from this Sabbatar- present laws. ian exemption," said America, "are mostly Orthodox Jews who religiously observe Saturday as their weekly POLLS TAKEN TO DETERMINE how the public feels day of rest. To allow them to open shop on Sunday toward Sunday laws vary widely in their results. A will not seriously impede the Sunday-closing law's pur- State-wide poll taken in Massachusetts in July, 1961, pose of keeping one day a week free of business occu- when enforcement of archaic statutes was at its height, pation and will relieve conscientious Jews of what they revealed strong resentment against the State code. Of regard as inequity." 29,815 people polled, 25,799 favored repeal of exist- Few people acquainted with New York politics will ing blue laws. doubt that Roman Catholic support was essential to pas- Recently a Sunday-closing poll was taken in Min- sage of that State's Fair Sabbath law. nesota. Results were close: 46 per cent of those inter- In several dioceses church leaders are approaching the viewed favored Sunday legislation; 44 per cent were Sunday law issue from the standpoint of individual con- opposed; one person in ten was noncommittal. A major- science rather than civil law. Members in the Albany, ity (58 per cent) endorsed the proposition that every- New York, diocese have been urged not to make Sun- one should be able to "decide for himself whether or day purchases. The diocesan weekly newspaper, The not he will do any shopping on Sundays." Evangelist, called on Catholic merchants to "be aware of Other polls have shown substantial support for some their obligation to desist from violation of the dignity type of Sunday-closing law. It seems likely that the bias of Sunday." All Catholics were urged to "refrain from of the polling organization has in some cases influenced purchasing any but essential needs on Sunday in order the wording of the poll, and thus the conclusions. Sam- to maintain its sanctity." plings across the country fairly can be said to indicate

Some church leaders are playing a new role in the Sunday law controversy. WHAT DOES IT MEAN? A-"r - HE PROTESTANT DENOMINATION by which I am employed operates many parochial schools—separate schools, as they are called— in Canada. A few months back a politician addressed a meeting of my church members—in a previous pastorate Ili Card 'Wen —and offered to use his influence to secure passage of legislation that would provide funds to pay our teachers. We would be left free to choose a teacher of our own faith. Ire Aral Aidle We discussed his offer at some length. No other Protestant church in Canada is at present so favored, but then, neither are there many other denominations They pay taxes to support the public that operate so many church schools as does mine. Fur- ther, Roman Catholics in most of Canada have for years schools of Canada and then get no government enjoyed a privileged status: their taxes are kept in a sep- help to support their parochial schools. arate fund and go, not for support of the public school Recently they were offered aid. system but for support of their own schools. My members were in a good position to cry "double taxation," Here is what they decided, and why. for they pay their public school taxes and in addition all operating costs of their separate schools. Only in Manitoba and British Columbia are Roman Catholics subject to public school taxes. In both prov- RUSSELL C. SPANGLER, Pastor inces heavy pressure is being exerted to secure govern- Seventh-day Adventist Churches ment funds for Roman Catholic separate schools. Why Stettler (Alberta) District not for ours? The tactics were simple: Public meetings at which we would air complaints of double taxation, letters to legislators promising retaliation at the polls if our rights were not recognized, and briefs to the government. These are the methods being used in Manitoba in an attempt to secure revision of the Public School Act of 1890,

that the majority of citizens ( with a particularly strong dow displays, take telephone orders and, of course, to percentage in the West) do not favor restrictive Sunday sell nonprohibited items—in short, to do many things legislation. However, unless their particular Sunday ac- that keep him from his family. tivity is curtailed, most citizens do not take the trouble to make themselves heard on the issue. ON THE POLITICAL FRONT Sunday law agitation Helping the public toward a more militant stand has increased—influenced by the battle between the dis- against Sunday laws are the laws' built-in contradic- count-house and the downtown merchant and by the tions. A supermarket that is open on Sunday may sell 1961 United States Supreme Court decision. camera film but not a camera; it may sell lipstick and In California, where State Sen. Joseph A. Ratti- make-up but violates the law if it markets a mirror; gan sponsored a 1963 bill that would have given that comic books may be sold but not toys; you may buy a State a general Sunday-closing law, strong opposition hammer but not nails! The law sanctions the purchase from both business and religion caused the bill's with- of an electric fuse but not a power cord. It is permissible drawal. Rattigan remains convinced that the issue "will to buy a pet bird but not a cage in which to keep it. be kept alive." Worst of all, it is legal to sell hard liquor on Sunday In Colorado a Sunday-closing bill died in the legisla- in many States, but the sale of milk is prohibited. ture only twenty-four hours after it was introduced. Another reason for increasing public sentiment In Missouri, Maine, and Kansas modernized Sunday against Sunday laws is the realization that they do not law bills were passed by the legislatures. guarantee a day of togetherness for the family. Most In Minnesota, Governor Carl M. Rolvaag vetoed a revised laws prohibit only the sale of certain items. Thus Sunday bill enacted by the legislature. He labeled the many businesses remain open to sell other nonprohib- measure "confusing, irrational, and inconsistent." In a ited merchandise. A clerk may be used to arrange win- letter to the house speaker, Lloyd Buxbury, he gave the

16 LIBERTY, 1964 which cut off all aid to separate schools. Strong opposi- the district has had to use the separate school for a pub- tion to revision had developed there from the United lic school. Protestant children are forced into an atmos- Church of Canada, the Lutheran Church, influential lay- phere of crucifixes and images, which hang in the halls men of the Jewish and Anglican communions, the Win- and classrooms. Nuns make up most of the teaching nipeg Free Press, Manitoba Teachers, Home and School staff, and religious instruction is given each day by the and Parent-Teacher Federations, a significant segment local priest. of the Mennonite membership, and the Grand Lodge of One of the few Protestant teachers recently resigned, Manitoba. The issue is currently a political hot potato, charging that the school district discriminates against with public officials split an the question. Protestant teachers. She cited a dispute with the nun Roman Catholic attempts to get a foot in the aid door who is principal of the school over removal of a crucifix have been promptly rebuffed. In September of 1962 five from her classroom. "This part of Alberta is being set Roman Catholic children were enrolled in a public aside as a reservation for Roman Catholics, and I think school in St. Vital, a suburb of Winnipeg. After secur- it is working in direct opposition to the Bill of Rights," ing the free textbooks available, they left for parochial she said in a newspaper interview. According to school schools. Public officials sent a bailiff to repossess the officials in Alberta, the problem is a source of tension books. A separate school official warned that rising costs and ill will in other districts throughout the province, might force separate schools to flood the public system as well as in other parts of Canada. with 9,000 students. Winnipeg school superintendent, As a consequence of our discussion, my church mem- W. C. Lorimer, replied: "The flood can be absorbed. We bers still gladly pay to support two school systems. They are crowded now, and we would be just a bit more unanimously rejected the politician's offer to secure legis- crowded." lation to provide funds to pay our teachers. One of my What has been the effect on the public school sys- church officers put his sentiments this way: "Any tem where tax funds are set aside for separate schools? church should have the right to maintain a separate We did not have to go far from home to find the answer school system if it desires, and if it can meet the standard —little where a small percentage of the population be- of education required of the public schools. But let it longs to the church-supporting separate schools; great not forget that this is a burden it voluntarily assumes. where most taxes go to the separate school system. For the support of its schools the church should depend A nearby district provides a case history of the con- solely on the loyalty of its members." troversies that soon arise. There the population is pre- From the standpoint of the social issues involved, dominantly—perhaps 75 per cent—Roman Catholic. as well as the gospel principle of voluntary support of With not enough taxes left to support a public school, church needs, I believe he is right. **

reasons for his veto: "This bill would restrict freedom oppose it because I believe the state should never inter- of choice and of economic competition without obtain- fere on matters of private conscience." ing its . . . objective of establishing a day of repose." Governor Rolvaag's veto stands despite efforts to Added the governor: "The real purpose of this bill is override it. not to provide a uniform day of rest or to promote family unity or to encourage religious observances. Its leg- OCCASIONALLY A LIMITED AMOUNT of Sunday islative proposal seeks to enlist the power of the state to closing can be brought about by direct pressure on protect narrow commercial interests. merchants. In McAlester, Oklahoma, grocery stores "If this bill were truly intended to provide for a day have begun closing on Sundays as a result of the of rest from employment, it would not exempt from its ministerial alliance project. Twenty-eight stores and two protection persons employed in manufacturing, min- bakeries have signed agreements to stay closed Sundays. ing, construction, maintenance, service enterprises, en- While some are already closed on the first day, several of tertainment, farm work, and small business. The num- the larger stores had to secure permission from head- ber of people who would not be protected by this bill quarters in other cities before cooperating with the min- are [sic) so great that it cannot be justified as promoting isterial alliance. a uniform day of rest. If it were the intent of this bill Each store in McAlester was approached by a com- to promote religious observance, it would scarcely have mittee of the ministerial alliance about Sunday closing. excluded from its scope all forms of recreation and Dr. Charles F. Myers, pastor of the First Baptist church amusement, and the operation of beer taverns. and chairman of the committee, claims that "most of "It thus allows precisely those activities most likely to them said they had been wanting to close for a long distract from religious observance. Even if this bill time. They were just staying open because the others did forbid all secular activity on Sunday, I would still were open."

JANUARY-FEBRUARY 17 minium

Proponents of Sunday-closing legislation continue to exploit every angle to force closing. In Indiana a house bill, No. 1321, introduced during the 1963 session provided that "any sale, trade, or exchange of property in violation of this act shall be voidable at the option of the purchaser thereof at any time within one (1) year rt thereafter, and upon tender back to the vendor of the property so sold, traded or exchanged, the purchaser shall be entitled to recover back the entire purchase price, or the equivalent in money of any property sold, traded, or exchanged as consideration for the sale. "The purchaser may recover the price or equivalent in money of any property sold, traded or exchanged from the vendor, by suit, and where judgment is given It is no easy thing to watch the world— for the plaintiff, the court shall award him the legal cost To look out across the years of suit plus a reasonable attorney's fee, and the plaintiff And see the senseless, heartless changing, shall have full remedies for satisfaction of any judgment The endless, formless shifting about. so obtained." Perhaps it helps to be made of stone. An amendment to the current Ohio Sunday laws has been introduced that provides for a fine of "not more I stood beneath his sightless gaze than $10,000 or imprisonment not less than one or more And looked up. History was at my elbow—I felt its nudge, than five years, or both," for violators! almost the warmth of its breath upon my neck. To stir up public enthusiasm for Sunday legislation, I knew his story: modern propaganda and advertising techniques are the sturdy years; frequently used. "Why shop on Sunday?" begins a typi- the climbing years; the fighting years; cal full-page newspaper display. "Sunday," it continues the guiding years. in large, bold type, "is traditionally a day of rest and I knew the heart-thoughts that lay behind worship." Then comes the statement: "God ordained the words of Gettysburg, one day as a day of rest! This day belongs to the church, And the soul-thoughts that lay behind the words to the family . . . ; it belongs to the individual for medi- delivered at inaugural: "With malice toward none . . I/ tation and relaxation. It is the time to renew strength and "faith in the right . . ." 1 sinew for the coming six days of toil. It is not a day for "of the people, by the people, retail trade." And the economic argument is presented for the people . . that "if all food stores remained open on Sundays the Great words. cost of living index would eventually be compelled to And it was fitting that I should look up. rise even more!" And as I looked I judged myself against his mold And broke our glance. A SOLUTION TO THE PROBLEM? I was humbled, If the churches, understandably reluctant to be in- And stood there feeling volved in what presently appears to be an economic bat- the smallness of my world, tle, should continue the trend toward individual persua- the smallness of my faith, sion rather than law, two types of legislation would the smallness of my own forthrightness. seem to have the inside track: 1. Two-day laws (pres- It is no easy thing to watch the world— ently in Texas and Michigan) that prohibit the sale of Especially when one is made of stone. certain items "on both of any successive Saturday and Sunday." Under this law the merchant himself deter- At last I looked up again; mines on which of the two days he desires to close. 2. And he looked down. Our eyes met, One-day-in-seven laws (now in California, Arizona, And the words came back Oregon, Wisconsin, Wyoming), which guarantee each across one hundred years— employee twenty-four consecutive hours off work in each seven-day week. The heart-words— the soul-words-- Both types of legislation meet the legitimate interests of the state. Both likewise meet the legitimate interests And I went out again braver— of the church. And with church pressure for Sunday To live laws removed, it seems likely that both would receive And not just watch the world. the approval of most Americans. Donald H. Ecroyd

18 STATURE

See how he towers above the little men Who come to gaze upon him. Yet no man Was ever small to him. His greatness lay In that he never dwarfed the souls of men. He saw in them their higher, better selves And made them dare to strive, even as did he, Toward distant goals, in love and charity. O mighty Lincoln, in this hallowed shrine May all who look up to thy sculptured face Remain within thy shadow's long embrace To read these words that are undimmed by time.

H. ARMSTRON, ROBERTS Elizabeth P. Campbell

From there upon your great stone chair The world seems small. The broad white stair, With Malice The columns rising toward the skies, All seem to cut men down to size; The rich and poor, the black and white, Toward None Are equal, viewed from such a height!

I think that's how you saw it all— Oh! not because you stood so tall, Mildred L. Judkins For yours was height of thought and mind, The golden rule for all mankind; You played an understanding part And measured men around the heart. The Changing Face of Rome What Does RELIGIOUS NEWS SERVICE PHOTOS It Mean?

The Vatican Council

W. L. EMMERSON Contributing Editor, London

S THE floodlights came on just after nine o'clock altar, beneath Bernini's towering baldachino, stood the on Sunday morning, September 29, the great red-and-gold throne, occupied by John XXIII a year A basilica of St. Peter's presented a spectacle of ago at the first session of the council, and now to receive surpassing splendor. Although for the second session the new 66-year-old supreme pontiff, Pope Paul VI. of the Vatican Council there was no spectacular proces- Around the throne and beneath the great dome stood sion of the council fathers from the great bronze doors Swiss guards, their spears flashing, and papal knights of the Vatican across the piazza to the grand entrance in black, with white ruffs and ceremonial swords. Be- of St. Peter's, the scene inside was of undiminished hind the great altar a vast crowd filled the apse right grandeur. back to the Chair of Peter. On twelve tiers of green-upholstered chairs on each A ripple of applause announced the entrance of side of the vast nave, some 2,250 archbishops and bish- the procession of cardinals and patriarchs, the former ops, resplendent in their white robes, gold-embroidered to take their places in a block of red-upholstered chairs capes, and gleaming miters, together with abbots, lead- opposite the famous statue of Peter, which had been ers of religious orders, and apostolic prefects, sat waiting decked in gorgeous robes and massive tiara. Then a for the arrival of the cardinals, the patriarchs of the burst of clapping indicated the arrival of the Supreme East, and the Pope. Pontiff himself. At the beginning of the nave he de- Beyond them, in the rotunda, sat one hundred mem- scended from his ceremonial chair, and preceded by the bers of the diplomatic corps, a galaxy of distinguished traditional fan-bearers, walked solemnly down the visitors, and the sixty-three observers from the non- aisle, up the steps in front of the great altar, and took Roman churches. the seat on the throne. The second session of Vatican The temporary altar, on which the Mass of St. Mi- Council II had begun. chael the Archangel was to be celebrated, gleamed in When John XXIII died many people wondered front of the lamp-decked confessio, where the relics of whether the "new look" he hoped to give to the Roman St. Peter repose, while immediately in front of the great Catholic Church would be carried out.

20 LIBERTY, 1964 Pope Paul's opening address indicated it would. "Can true religious patrimony" they share "in common," and we," he asked, "depart from the way traced for us in he hoped that as the separated brethren give "closer such a masterly fashion by Pope John? The main duty study" to Roman Catholic "doctrine in its logical deriva- of Our Pontificate will be the continuation of the Vati- tion from the deposit of divine revelation," they will be can Council." led to return through the door the church holds open The Pope suggested four directives to which the coun- for them into the full unity of the church. cil should give particular heed in pursuance of its pur- The council therefore, declared the Pope, will be, a pose to "go forward" to the triumph of the church: council "of invitation, of expectation, of confidence, 1. A deeper knowledge or awareness of the church; 2. looking forward to a more widespread, more fraternal its reform; 3. the bringing together of all Christians in participation in its authentic ecumenicity." unity; 4. dialog with the contemporary world. "Finally," said the Pope, "the Council desires to build The principal concern of the second session, said the a bridge toward the contemporary world in order that Pope, would be to examine the intimate nature of the she might fulfill her dedicated mission of communicat- church and to express in human language, so far as ing the teachings of the Gospel." that is possible, a definition that can best reveal the As the Pope sat back on his throne, physically and church's real, fundamental constitution and manifest mentally exhausted by his sixty-four-minute, 10,000- its manifold mission of salvation. word speech, those present could not have but sensed One of the important tasks of the council, taking for the epoch-making character of his utterance. John the and Christian Unity

granted the dogmatic definitions of Vatican Council I regarding the "Roman Pontiff," would be to re-examine and develop the true relation of the bishops to the successor of Peter. A further step, the Pope went on, toward restoring the picture of the church in its fullness would be the development of the idea of the church as the "Mystical Body," which had been pioneered by Pius XII in his encyclical Mystici Corporis. Though Rome is uniquely "the church" whose government and guidance were given into the hands of Peter and his successors, there are, the Pope asserted, "characteristics" of the church which have been "preserved and even well developed" among the separated Christians. By baptism they are, in fact, part of the "Mystical Body" of Christ, though they "have not the happiness of numbering themselves in the perfect unity of Christ, which only the Catholic Church can offer them." This "more complete doctrine of the church," Pope Paul believed, would merit and receive the "attentive consideration" of the separated brethren and doubtless would "make the path toward common agreement eas- ier," and hasten the bringing to pass of the "perfect unity of Christ" in the universal Catholic Church. That "enormous difficulties" are still in the way before reconciliation can be reached, the Pope recognized. Yet, he said, the church "looks with reverence upon the

JANUARY-FEBRUARY 21 exuberant had been succeeded by Paul the realist, ac- church. This teaching on the "collegiality" of the bish- cording to the Reverend Edward Duff, S.J., and the pre- ops is clearly intended to appeal to the Orthodox Church cise outlines of Pope John's aggiornamento, or of the East and other episcopal churches of the West, bringing up to date, which was to be a preparation for which have always contended for the equality of all the reuniting of the universal church, were beginning bishops of the church as successors of the apostles, while clearly to emerge. admitting a precedence to the Pope as "first among equals." Council Gets to Work Promptly at nine o'clock the next morning the first "Progressives" in Ascendancy general congregation of the second session began, under From the beginning of the discussions it was evident the direction of its twelve presidents and four cardinal that the progressive trend, which had so dramatically moderators, to address themselves to what Pope Paul made its appearance in the first session in response to the had described as "the great and onerous task" of the Pope's lead, is now in the ascendancy. "Those who are church in this day and generation. strongly opposed" to the progressive trend are "seldom Since there were no elections to hold up the proceed- heard," said Father Frederick McManus of the Catho- ings, as at the beginning of the first session, the council lic University of America in Washington, D.C. The fathers were able to get down quickly to the study battle for aggiornamento had been won, and the only of the all-important schema De Ecclesia, or "The question now was how far it would go! Church." As intimated in Pope Paul's inaugural address, Conservative voices, of course, were raised from time this schema was to be the very heart of the council's to time to put a brake, as it were, on the progressive work—Cardinal Leger had called it "the hinge"—for it tide. But these clearly were fighting a rearguard action. was to set forth a new and fuller concept of the church As an Anglican observer said, "It seems to me that the than ever before, and to renew and revivify the church, people who are conservative-minded have given up the thus empowering it to restore the broken fellowship of fight. The liberals have swept the whole board." Christendom and spread the gospel to every level of Many council fathers stated frankly that they wanted society in all nations. the new emphases of the schema to go even further The schema closely followed the line taken by Paul than they did in the interests of meeting the objections in his opening address. It began by explaining that of the "separated brethren." Patriarch Maximos IV in while the church that Christ inaugurated on earth finds an interview said that it was "not proper to speak of its visible expression in the one Holy Catholic Church the Roman Pontiff as the head of the church," for "Our under the guidance and authority of the Pope, the Saviour Jesus Christ and He alone" has this prerogative. "Mystical Body of Christ" extends beyond the bounds The church, he said, was founded not only upon Peter of the visible church and includes all who are united but upon "all the other apostles as well." The place of to Christ by faith, by baptism, and by some or all of the Peter is "head of the hierarchy and center of unity sacraments of the church. And it is the purpose of God, for the church." "When this is understood," he said, through the operation of the Spirit and the witness of "the Roman primacy will not only cease to be the prin- the church, that the separated Christians who are al- cipal obstacle to unity among Christians, but will be- ready in the Mystical Body shall be led to recognize that come the chief force which seeks and maintains this the fullness of grace and fellowship is to be found union." only in union with the church of Peter and his succes- Without doubt, these and many other suggestions sors, and will return to the mother church, which is will be considered in the schemata "The Church" and destined to spread universally. In this clearer explana- "Ecumenism." The whole range of Rome's new ap- tion of the nature of the church, the council was to lay proach to non-Catholic Christendom and the non-Chris- "the theological foundations of the ecumenical move- tian world will be defined. ment" from the Roman angle. The "separated brethren" were much in mind also in Pope's Plea for Religious Liberty the next section of the schema, which sought to eluci- Another vital part of the aggiornamento, or bringing date more clearly the nature of the hierarchy of the up to date of Roman teaching, centers on the question church. Vatican Council I set forth the doctrine of the of freedom and religious liberty. In a world entirely primacy of Peter, but had been prevented by its un- different from that in which the Roman Church rose timely termination from supplementing this with an ex- to pre-eminence, it is only through freedom to pro- planation of the relation of the bishops of the church claim Catholic truth that the new vision and task of the to the supreme pontiff. It was now explained that as the church can be implemented. Hence the Pope's plea in pope is the successor of Peter, the bishops are the his opening allocution for religious freedom. Said the successors of the apostles, and that together, as succes- Pope: "Religious liberty, like other fundamental rights sors of the twelve, they constitute a divinely ordained of man, is being crushed by principles and methods of episcopate for the guidance and government of the political, racial, and antireligious intolerance." In such

22 LIBERTY, 1964 circumstances the church pleads with the rulers of the will undoubtedly be given consideration in the last nations where liberty is suppressed "to put aside with schema, No. 17, on "The Role of the Church in the noble heart their unjustified hostility toward the Cath- Contemporary World." olic religion" and "make it possible for Catholics to There are, of course, those like the Spanish bishops worship according to the dictates of their conscience." who are wanting to stress freedom of action only for Pope Pius XII was the first to develop the new thesis the Roman Catholic Church to witness and have no of religious liberty as a fundamental right of all men. wish to see other churches extended the right to promote John XXIII expanded this teaching, particularly in his their views. last encyclical, Pacem in Terris, in which he said: "By The fact is, of course, as Father Tavard of Mount the natural law every human being has the right to re- Mercy College, Pittsburgh, put it to me, "the Spanish spect for his person, to his good reputation; the right to and American bishops are working from two different freedom in searching for truth and in expressing and conceptions of church and state," but both are valid communicating his opinions." because there has been "no dogmatic definition of the In the original schema on "The Church," introduced church's relation to the state." at the end of the first session, there was a section on It may be significant that Pope Paul in his opening Church and State. A number of the bishops expressed speech went no further than to appeal for the relief of their deep regret that this had been taken out of the persecuted Roman Catholics and freedom to proclaim new condensed schema. Some American bishops, for Roman Catholic truth. example, Bishop Primeau of New Hampshire, would like a clear statement on freedom of conscience for in- Girded for Massive Advance dividuals and freedom of action for the church in carry- All this reveals that the Roman Catholic Church is ing out its mission. "In our country," said Bishop Pri- girding herself for action in a massive way. She is put- meau in an interview, "the Protestant intelligensia are ting on her "beautiful garments" with a view to attract- always asking for a definite statement on church and. ing men everywhere as never before, and she is seeking state. It is not enough," he added, "to say the church for universal freedom of action for the church in order in the United States holds this. . . . The Council should that all who will may respond to her call. say something on church-state relations." Her hopes are, of course, first directed to reconcilia- That anything on this subject will be put back into tion with the Orthodox, which in doctrine are very close the present schema seems unlikely, but religious liberty to Rome, but beyond that, she looks for the return of

focus on freedom

Protestants Await Spain's Action on Law Affecting Minorities

Madrid—A wait-and-see attitude prevails among spokesmen for a "Committee of Defense" for minority Protestant groups discussing the future status of minority denominations, major concern centered on the distinc- religious groups in predominantly Roman Catholic tion between proselytism and "evangelization." Spain. Though there was general agreement that effort Reports from Protestant gatherings at Alicante, Tar- should be made to reach an agreement on proselytism rasa, and Madrid indicate minority denominations are with Catholic bishops, it was hoped that Protestants withholding optimism pending action on a proposed law could print and distribute devotional works in their own to ease restrictions. denominations. A law proposed by Foreign Minister Fernando Maria It was noted that several Protestant churches have Castiella y Maiz calls for a definition of the status of been allowed to reopen this year, and a primary school minority religious groups and at the same time asks operated by the Plymouth Brethren church at Cartagena safeguards against proselytizing. opened this fall. Adoption of any form of "legal status for the non- At the same time, reports were received from Algeciras Catholic denominations," Senor Castiella has said, will that local authorities had ordered the closing of an hinge on "the express agreement of the Holy See." Escuela Biblica (Bible School) that was training Prot- At the Protestant meetings in Spain, according to estant leaders. ***

JANUARY-FEBRUARY 23 the Western episcopal churches, who in their turn may This fact, therefore, must continue to preclude any be able to effect the return of the Free churches to the thought of organic reunion with the Orthodox and An- episcopal fold. Beyond this she faces determinedly the glican churches, who insist that the authority of Christ vast task of winning the non-Christian world to the was given equally to all the apostles and their successors, church. and that the Bishop of Rome, like all the other bishops, The project is a massive one, and it is little wonder is subject to the authority of the general councils of the that Dr. Karl Barth, the distinguished Protestant the- church. The Free churches, of course, go even further ologian of Basel, in an article in the Ecumenical Review than this, and assert that authority in the church of God just before the council began, declared that all the is not guaranteed by church councils, which have proved signs point to a "dynamic recovery of power" on the as fallible as popes, but has been preserved by Spirit- part of the Roman Church, which "could easily leave guided "apostolic performance" rather than any me- all the other churches behind in its onward march." chanical "apostolic succession." It is evident also that Rome will continue her insist- Is Rome Really Changing? ence that she is uniquely the church, full and complete, Before being swept away by ecumenical appeals, we while all other communions are incomplete and need need to determine to what degree Rome will change and to be united with Rome in order to realize the fullness whether reunion is likely to be brought any nearer by of the church. Christendom generally considers reunion the second session of the Vatican Council. A close ex- to be the reconciliation of equal parts of the divided amination of Pope Paul's address and the discussions church; none presently accept the idea of a return, which that have taken place in the sessions lead to the con- is Rome's inflexible position. "Return," says Pastor clusion that semper eadem can still be affirmed of Rome's Mario Sbaffi of the Methodist Church in Italy, "is not basic constitution and dogmas. a proper description of the path of Protestant-Catholic The Pope made it quite clear in his opening address reunion." that he found no "substantial unfaithfulness" on the Still further, it is clear that Rome will not permit part of Rome; no "turning upside down of the church's any diminution of the "sacred deposit of Christian present way of life" should be expected. However radi- doctrine" as she conceives it, and which the Council of cal the renewal and reform that might be effected to Trent and Vatican Council I affirm "is contained in meet the challenge of the new age, the constitution and written books [Sacred Scripture) and unwritten tra- teaching of the church will ever be controlled, he said, ditions." "by respectful attention to the teaching of ecclesiastical Cardinal Ottaviani has said there is "no retreat tradition." Cardinal Doepfner made the same point possible" on Catholic doctrinal positions. Father Sal- when, commenting on the schema of "The Church," vator Butler of Unitas assured me that in fundamental he said that the council "has not the slightest intention doctrine there is "no possibility of change whatever," of formulating revolutionary principles. Like every only a restating "more precisely what has always been other council, the Second Vatican Council is pursuing believed." Professor Marcarelli similarly emphasized to its task deeply intent on remaining faithful to the divine me that "there will be no refining down or away of the constitution of the church in the light of tradition." In pristine fullness of Catholic teaching." other words, Rome will continue to see "the light of Restatement of Dogma Christ" and the truth of revelation through the veil of Roman tradition. What is being attempted is simply a restatement of Consequently, on the vital question of the primacy Catholic dogma in terms supposedly less objectionable and infallibility of the pope, though the schema indi- to non-Catholic ears than those presently employed. cates that the "bishops in the episcopate," as successors There may be no new dogmatic definition of Mary as of the apostles, are to be more definitely associated "co-redemptrix with Christ," for example, but the with the pope through ecumenical councils, and per- schema on "Mary, Mother of God and Mother of the haps even as a kind of senate or "apostolic college," Church," as Archbishop Suenens said, will "keep the the Roman Catholic Church can be expected to main- doctrine along classical lines, but in words which the tain that the supreme pontiff alone "bears the keys of separated brethren can understand." supreme office consigned to Peter by Christ, the Lord." Whether the schema on "sources of revelation" de- Cardinal Suenens of Brussels put it neatly in an address cides that there are one or two sources, the place of outside the council when he said that the council is now tradition in Roman teaching will be undiminished. stressing the association of the bishops cum ("with") the The schema on the liturgy may open the way to the pope "because no one doubts sub {"under")." The use of the vernacular, to increased participation by the expression used in Vatican Council I to define the infal- congregation in the services of the church, and doubtless libility of the pope, ex sere et non ex consensu ecclesiae to greater use of Scripture. An attitude on mixed mar- ("of himself and apart from the Bishops of the Church"), riages may emerge which will be less offensive to non- however reinterpreted, will not be reversed. To page 34

24 LIBERTY, 1964 out discussion of the religious aspects of the problem. In 1940 the case of Cantwell v. Connecticut was decided.' It too involved Jehovah's Witnesses. In addition to soliciting and selling books, one of the defendants had played a phonograph record that condemned organized religion in general, and the Roman Catholic Church in particular, in vigorous and apparently in- temperate terms. The defendants were charged with Freedom violating a statute of Connecticut that prohibited soliciting without a permit from the secretary of the public welfare council, and with breach of the peace for playing the phonograph. to The Court, speaking through Mr. Justice Roberts, held the statute to be invalid as applied to defendants, in that it infringed their right of freedom of speech and of religion. In this respect the decision differed from the two cases just mentioned. The opinion recognized the Evangelize right of the state to regulate solicitation generally, but not by a system that gave the officer issuing permits discretion to approve or disapprove applications as he saw fit. Adequate standards had to be established to control Third in a his discretion. series on the Supreme Court Here we see, making its appearance in a religious and Freedom of Religion setting for the first time, the difficult problem of the requirement of standards by which public officials are to act on matters affecting the rights of individuals. The Court's opinion recognized the right of the state to require a stranger engaged in solicitation of funds and KENNETH H. HOPP, other activities to establish his identity and authority, B.S., LL.B. even though it imposed some slight inconvenience to religion, but said that the state could not forbid such activities outright or place undue restrictions on them. Dealing with the phonograph aspect of the case, the Court held that though the state could punish words MONG the most significant of the cases to come that created a risk of public danger or riots, it could before the Supreme Court under the Free Exer- not suppress free communication of views under the A cise Clause of the First Amendment have been guise of conserving desirable conditions. As to convic- those involving freedom to evangelize. Door-to-door dis- tions of breach of the peace for language that provoked tribution of literature, solicitation of funds, sale of books disorder, the Court pointed out that in practically all and pamphlets, parades, and use of public facilities such cases the language consisted of profane, obscene, or for meetings—all have presented significant legal prob- insulting remarks directed to the hearer, a type of com- lems. munication not safeguarded by the Constitution. Jehovah's Witnesses, an aggressive sect, figured in Two years later the Court had occasion to illustrate not a few of these. In 1938 the Court considered the what it meant. In the case of Chaplinski v. New Hamp- case (Lovell v. City of Griffin)' of a Jehovah's Witness shire' a Jehovah's Witness so forgot himself as to ad- who was convicted of distributing religious tracts from dress a police officer as "a . . . racketeer" and "a damned door to door in violation of a city ordinance that for- Fascist." The Court, speaking through Mr. Justice Mur- bade this without a permit from the city manager. With- phy, in a unanimous opinion, upheld his conviction. out considering the religious issues involved, the Court, A subsequent decision' extended the holding in the in an opinion by Chief Justice Hughes, struck down the Cantwell case to a situation in which a Jehovah's Wit- ordinance as a violation of freedom of the press. The ness was distributing literature in the streets of a com- Court even permitted the defendants to attack the or- pany town. The streets therein were private property. dinance without their having first attempted to comply The Court stated that managers appointed by the cor- with it, stating that the defendants were under no obli- poration owning the streets could not curtail freedom gation to apply for a permit under an ordinance void on of religion and press any more than officials of a munic- a its face. The next year, in Schneider v. New Jersey,' ipal corporation. A companion case applied the same the Court treated the problem in the same way, with- rule to a town on a Federal reservation.'

JANUARY-FEBRUARY 25 In Martin v. City of Struthers' the Court dealt with character of the transaction." More than that, he an effort on the part of one city to restrict door-to-door urged, from the history of the First Amendment, that activity by forbidding persons engaged in it to summon "freedom of religion" did not suggest, let alone require, residents to the door. The Court, speaking through Mr. freedom from taxation. Justice Black, held that this, too, was unconstitutional, The dissenting opinion of Mr. Justice Frankfurter, though it recognized a right on the part of the munic- in the second Jones opinion, pointed out that: ipalities to regulate such activities. Mr. Justice Reed "Street hawkers make demands upon municipalities dissented, holding that the measure in question was de- that involve the expenditure of dollars and cents, signed to protect persons working swing shifts from whether they hawk printed material or other things. disturbance. The majority suggested that a combination . . . To say that the Constitution forbids the states to of private action with public authority might be valid, obtain the necessary revenue from the whole of a class as when an ordinance forbade soliciting at a house that enjoys these benefits and facilities, when in fact no where there was a notice that such activity was not wel- discrimination is suggested . . . is to say that the Con- come. stitution requires, not that the dissemination of ideas in the interest of religion be free, but that it be subsidized by the state. Such a claim offends the most important of ESCHEWING OUTRIGHT REGULATION, some munici- all aspects of all religious freedom in this country, palities have attempted to use their taxing power to namely, that of separation of church and state." deal with door-to-door sales of religious literature. The Mr. Justice Jackson in his dissent in the Douglas line between regulations in the guise of taxes and case took another approach. He stated that the Jeho- revenue measures is sometimes hard to draw. Though vah's Witnesses had been far from tactful in their meth- the Court has acknowledged that a prohibitive tax could ods and in the language they used in their activities, be used to accomplish that which would be unconsti- and that they had used tactics that caused the city of tutional by a direct prohibition, it has not decided cases Jeannette, Pennsylvania, much trouble. He felt that the on this point. As in the flag-salute cases and at about Court was unduly restricting the power of the cities the same time, the Court reversed itself on the question to deal with a very real problem. of taxing door-to-door religious literature sales. In the In the first Jones case, Chief Justice Stone and Mr. case of Jones v. Opelika ( June 8, 1942) such taxes Justice Murphy each dissented. Chief Justice Stone were upheld; in Murdock v. Pennsylvania" (May 3, pointed out that the question was not one of imposing 1943 ), Douglas v. City of Jeannette,' and a rehearing in a small regulatory fee, but one of a revenue-producing Jones v. Opelika," they were ruled invalid as applied tax. He saw a difference between a tax on a right to door-to-door sales of religious literature. secured by the First Amendment and one on other ac- In the original Jones case, the Court in a five-to-four tivities. As to the latter, a prohibitive tax might be im- decision, speaking through Mr. Justice Reed, upheld posed. The core of his opinion follows: the tax. The opinion acknowledged that the rights of "The First Amendment is not confined to safeguard- freedom of religion, speech, and the press were guaran- ing freedom of speech and freedom of religion against teed by the Fourteenth Amendment against state inter- discriminatory attempts to wipe them out. On the conference, and that street and door-to-door sales and dis- trary, the Constitution, by virtue of the First and Four- tribution of literature were within this protection. But teenth Amendments, has put those freedoms in a pre- it went on to say that this did not prevent taxation. "It ferred position. Their commands are not restricted to is prohibition and unjustified abridgment which is in- cases where the protected privilege is sought out for terdicted, not taxation." " A tax on religion, or a tax on attack. They extend at least to every form of taxation inter-State commerce, may alike be forbidden by the which, because it is a condition of the exercise of the Constitution, but "it does not follow that licenses for privilege, is capable of being used to control or suppress selling Bibles or for manufacture of articles of general it." " use, measured by extra State sales, must fall." " The Mr. Justice Murphy's opinion emphasized that the Court saw nothing in the collection of a nondiscrimina- taxes in question were prohibitive, or at least approached tory license fee that abridged freedom of religion. As prohibition, but that whatever the amount, the tax was to the contention that an aggregation of such fees might on an activity protected by the Constitution. He com- amount to a crushing total, the Court said that with the pared the subject activity to preaching and said, "The activities commensurate with the aggregation, the sales- mind rebels at the thought that a minister of any of the man will have enjoyed a correspondingly enlarged field old established churches could be made to pay fees to of activity. the community before entering the pulpit." " In his dissent in the late case, which ruled the taxes With the decision in Murdock v. Pennsylvania and invalid, Mr. Justice Reed emphasized that the activi- the companion cases, the views of Chief Justice Stone ties were sales, not merely distributions of literature, and Associate Justice Murphy became the law of the and that the exaction of money "destroy ted) the sacred land. Mr. Justice Douglas' opinion added little to their

26 LIBERTY, 1964 remarks. It is worth noting, however, that he pointed out a distinction between the subject tax and others. "It is one thing to impose a tax on the income or property of a preacher. It is quite another to exact a tax on him for the privilege of delivering a sermon." gentlemen:.E\y A particularly significant paragraph from the opinion is worth further consideration: of the j ... Spreading one's religious beliefs or preaching the gospel through the distribution of literature and through personal visitation is an age-old type of evangelism, with as high a claim to constitutional protection as the more orthodox types. The manner in which it is practiced at On being conducted to the police station times gives rise to special problems with which the po- a person addresses a police officer in profane lice power of the state is competent to deal." " and insulting terms. He is prosecuted under Freedom of religion as a constitutional right is not limited either to established churches (in the popular, a law that forbids addressing provocative not the legal, sense) or to customary methods. All men words to another in a public place. of whatever belief have the right to propagate their faith. This right was not questioned by any member of the Court. But the Court recognized that unorthodox methods are apt to produce "special problems." The question of taxability is, in my opinion, rightly decided. If the° Court had said that such activities Verdict? may be taxed, it should have said also that taxation may a. He may be convicted, for profanity and not be used as a cloak for a prohibitive purpose. The insulting language are not protected by the Court would have been involved, then, in the difficult First Amendment. question of whether a given tax as applied to a given activity is prohibitory. The word prohibitory would b. He must be acquitted, for this law is a have to be defined. Would it mean merely "unprofit- violation of his rights of freedom of speech. able"? Could a church organization reasonably be expected to subsidize its sales program? To what amount? Answer: One opinion by Mr. Justice Reed suggested as much. Would the ability of the organization to furnish that „-AallEaouz pus aapm urt asaaanei repos aqa subsidy come into question? I do not believe that an- Aq paq2!astano Apeap si maga wag patpap swers to these and similar questions can be given with- aq Aem map agauaq AuE leap gnu) oa dals out setting up purely arbitrary standards that would se anicA !Epos 3q2fis Hans Jo am pare 'mapt throw out principles and reduce constitutional law to jo uop!sodxa Aue Jo lied jepuassa ou aae the level of accounting. samenian gam map paitaasqe Ham uaaq seal The case of Follett v. Town of McCormick,' reiter- aI •awad alga jo apeam ampauituu us allout ated the holding in the cases just discussed: the restric- oa pull ao kinfte! aJagua 33uelapn ion a!aq) tion against taxes did not apply merely to prohibitive taxes but to all taxes. *** Aq Hamm asotp—spaom Aupq2g, ao Supinsui (To be concluded) alp pug ‘snolaqH atH 'auejoad alp 'aua3sqo REFERENCES pus !Mal aqa apnpu! asami •maiqoacl leuop 1 1938, 393 US 444, 82 LEd 949. 58 SCt 666. -napsuo3 Aue as!eJ oa )q2notp uaaq aatau 2 1939. 308 US 147, 84 LEd, 155. 60 SCt 146. 3 1940, 310 US 296. 84 LEd 1213, 60 SCt 900, 128 ALA 1352. anEq tp!qh jo auamqs!und pus uopuataad 1942, 315 US 568, 86 LEd 1031, 62 SCt 766. 5 Marsh v. Alabama, 1946, 326 US 501, 90 LEd 265, 66 SCt 274. aqa Vaads Jo sasr3 palHu!! Aptaamu pus is rocker v. State of Texas, 1946, 326 US 517. 90 LEd 274, 66 SCt 274. 1 See also Largest v. Texas, 1943. 318 US 418, 87 LEd 873, 63 SCt 677. paugap-Hant upalia3 a1E aaaqi, •saaumstunup 8 1843, 319 US 141. 87 LEd 1313, 63 SCt 862. 9 1942, 316 US 584, 86 LEd 1291, 62 SCt 1231, 141 ALR 514. He aapun puE sauna HE ae amioscie lou 10 1943. 319 US 105, 87 LEd 1292, 63 SCt 891. 146 ALR 81. u 1943, 319 US 157, 87 LEd 1324, 63 SCt 882. sz apaads aa.lj Jo 11121a atp leap poolsaapun 12 1943, 319 US 103. 87 LEd 1290, 63 SCt 890. u 316 US 597. Ham s! 1! luaurpuatuy qmaa)moj atp Jo u lbod., p. 598. 15 319 US 132 asodind pus aSen.Suri aqa o1 idols asaproaq 18 319 US 139-140. n 316 US 608. aq) SulmoIIV" '89S SIC t66I `a411561110 4I lbid., p. 621. "319 US 112. azaN 'A pisulpfmid •papiauo3 aq Amu aH p. 110. 21 1944, 321 US 573, 88 LEd 938, 64 SCt 717. 152 ALR 317.

JANUARY-FEBRUARY 27 HE STOOD FOR SOMETHING

A tribute to John Fitzgerald Kennedy given November 24, 1963, at a

memorial service in the Sligo Seventh-day Adventist church, Takoma

Park, Maryland. Speaker was Francis D. Nichol, editor of the Review

and Herald, official organ of the Seventh-day Adventist Church.

RESIDENT KENNEDY is dead. His funeral array of great ideals, principles, and actions that have service is to be held today. His life is over, his increasingly made America a land of opportunity for all. precord finished. What kind of man was he? By that standard our late, beloved President meas- We know that he was a rich man's son. But he did ures up well. It is a matter of open knowledge that not do what too many rich men's sons have done when certain dignitaries in the church to which he be- through the centuries—he did not waste his fortune in longed sought for state aid for their schools, he openly riotous living. No dark record, no ghosts in the closet, and courageously took the position that to give such aid haunt his memory. His youth was spent profitably in would be to subvert the Constitution. That bold stand study. And then he entered the armed services of his was not lost on all of America that held to other faiths country. When he left that service it was with a unique or to no faith at all. Truly, this is no hour to stir the and colorful record of deeds heroically done. We note hot coals of religious differences, which have ever men- only in passing that of the group of South Sea islanders acingly glowed in many men's hearts. But it is a most who rescued him and his companions in a moment of proper hour to note that a man now taken from us by desperate extremity, several were Seventh-day Advent- violent death, kept well his presidential oath to uphold ists—converts of our missionaries. Yes, missions pay, the Constitution. For this we honor his memory. they surely paid here, for they saved the life of a coura- President Kennedy calmly and fearlessly also upheld geous young man who had talents to give to his country. what he conscientiously believed was the true and evi- Shortly after the war he entered public life. Some of dent meaning of the Constitution, and the Declaration us may differ with the party to which he gave support. of Independence, in the matter of civil rights. And that That is our privilege. It was also his privilege to differ stirred up hot controversy. Indeed, no truly great man with us. That is part of the glory we call America. The will ever live long in absolute peace with all about him. true measure of a man is not whether he agrees with The Bible warns us against the day when all men speak our political philosophy. In that event about half the well of us. He took his stand on civil rights at the price country are foredoomed to our low esteem, or worse. of calumny, villification, and even the risk of political I doubt greatly whether all of us, or even half of us, defeat and oblivion. The important point, and the one would have agreed too heartily or completely with the by which history will measure him, is that he took a political philosophy of such men as Washington, Jeffer- stand. He did not waver, he did not vacillate, he stood. son, and Lincoln. Yet time has rightly given them that How greatly the world needs men who stand for some- measure of immortality that stone and bronze and his- thing. Only the future can tell what will be the final torians can provide. No, the real measure of a great outcome of his stand, but how satisfying that history American is how he adds to that slowly accumulating can record that in an hour of immense emotions the

28 LIBERTY, 1964 chief executive of the state did take a clear and ex- fore us. It is hypocritical that we should honor with plicit stand. our lips the foundation pillar of freedom of conscience, We venture the forecast that his name will rank high unless at the same time we rededicate our lives to the in that long list of men who, since Washington, have God of our consciences so that with consciences void of held the weighty and difficult office of President of the offense we shall build ever more firmly the structure of United States. Men who courageously stand for some- this nation. thing, who stand for those things that have made this In short, this is a time for searching our own souls, country truly great, ultimately stand high in the annals of realizing that the very life of a democracy depends of our land. on the collective convictions and ideals of all who are And what are those things that have truly made its citizens. And if this we do in full sincerity, even as America great? I have just mentioned that the name we mourn the departed, then out of this dark hour America stands for the ideal of providing equal oppor- can come a renewal and mighty strengthening of the tunity for all. I would go a step further and say that it very virtues and qualities so vital to the life of America. stands for a way of life that enriches the lives of all. No Yes, this is a time for rededication of life to the ideals great nation of past ages ever inscribed on the founda- of which we here speak. But it is even more than that. tion stones of its national edifice the concept that all While separation of church and state is imperative, let men are created equal before the law and before God, us never forget that each is vital to the life of the society with all that those concepts imply. No great nation of in which we live. Let me illustrate. The death of our the past ever set forth that the rulers of the state are the President was at the hands of a fierce assassin. What servants of the people and rightly hold their power only motives specifically controlled him we shall never know, by the consent of the governed. Indeed, the ideals for for he too is now dead. But this we do know, that which America stands are so new, so young, by compari- warped thinking, hatred, and dastardly action marked son with the age-encrusted ideas by which all earlier na- his course. Could the deed have been prevented by more tions were governed, that these ideas may easily be alert police? That question too may never be answered. blighted, yes, destroyed, unless they are carefully nur- We are sure that brave police can hold back, in part, tured. the evil deeds that spring from evil hearts, but only the And it is right at this point that every American gospel can change hearts. To the promotion of the gospel comes squarely into the picture of responsibility. Some- each of us must dedicate himself, for it is the one pro- one has well observed that the citizenry of any country tection against the inroads of crime and corruption. have as good a government as they deserve. Hence, we We need to be found more faithfully in our churches, believe that in this great and dark hour in America where we may breathe in ever more fully the atmos- there should roll upon each of us, whether high or low, phere of heaven, the good news of deliverance from evil a new sense of individual responsibility to pray for, to hearts. Then, in turn, we need to go out and breathe live for, and to work for the maintenance and the en- that atmosphere into society. The true Christian is ever hancement of the ideals that have given to us freedom the best citizen. Said Christ, "Ye are the salt of the and happiness in this remarkable land. Any step that earth." Good religion, declares the Holy Word, holds any citizen takes to favor himself or his group, in vio- promise of the life that now is, as well as of that which lation of the great principle of equality of all men, is to come. How fitting, then, that this memorial service blackens by so much the picture of liberty that should should be held in a Christian church. ever be bright in our minds. He who seeks to advance Yes, how fitting. The church stands for prayer, for his interests, whether in religion or politics or finance, communion with the God of heaven. And how greatly in ways inconsistent with the principles of equal rights, prayer is needed today. The loyal citizen is one who rolls a fog around the statue of liberty, which should prays for the peace of the land in which he abides, who ever serve as a beacon to lead men to the Western haven prays for rulers, and for all in authority. Our private of hope. devotions in our homes ought to include a prayer for It is well that we should mourn the dead, and that him who must now bear the burdens of state, President we explicitly do today. But if that is all we do, then our Lyndon B. Johnson. Our prayers should go further than tears are vain, perhaps even hypocritical. This is a day this, even to supplication for a widow and mother, and for renewal of high convictions to be better men and for the two little ones that God has given to her. women, committed to the highest ideals. For example, It is on our knees in prayer that we find the strength how can we honor the historic principle of separation of to stand for great ideals. The Pilgrim Fathers found church and state and yet seek to lay hands upon the their strength kneeling on the sand at Plymouth. George tax funds of the state to strengthen the church to which Washington found it kneeling in the snow at Valley we belong, whether it be Protestant or Catholic? Thus Forge. We too may find our strength in prayer. There we break down the strong wall of separation of which is no other way to find maximum strength and power the Supreme Court has spoken, a wall whose mortar to live with a conscience void of offense. was mixed with the blood of brave men who lived be- To page 31

JANUARY-FEBRUARY 29

as the editors see it

FAIR EMPLOYMENT OPPORTUNITY Until recently a sectarian school was considered sectarian on elementary, secondary, and college level. Now, ABOR LEADERS should study carefully the "Com- however, colleges are being exempted from the sectarian mitment to the Racial Problem" made by five label by legislators eager to (1) help higher education, hundred priests of the St. Louis Roman Catholic (2) secure public funds for their church educational archdiocese. The priests, who went on record as favor- program, (3) find another hole into which the taxing open occupancy in housing, equal job opportunities, payers' "blood" can be poured. The question before education completely free of discrimination, and the use the courts has implications that will reverberate na- of public accommodations for all, struck at discrimina- tionally through all strata of education. Scores of gov- tion in labor unions. ernment-aid programs may be affected. "I believe," their commitment read, "that all men Precipitating the challenge were grants ranging from should have the opportunity to secure employment ac- $500,000 to $750,000 to two Protestant and two Ro- cording to their talents; man Catholic colleges—Hood College (United Church "I believe that no employer or union leader has the of Christ) , Frederick; Western Maryland College moral right to deny fair employment opportunities to (Methodist), Westminster; and the College of Notre any person because of his race or color; Dame, Baltimore; and St. Joseph's College, Emmitsburg "I believe that these employment rights should be pro- ( both Catholic). The funds were earmarked for "non- tected by law." religious purpose"—building a science hall, a dormi- It is too bad the priests did not extend their belief tory, a dining hall. in "fair employment opportunities" to embrace those The injunction was sought by the Horace Mann workers discriminated against not only because of race League of the U.S., an organization of professional or color but also because of religion. Thousands of educators, founded in 1922, whose objective has been workers have conscientious scruples against belonging to advance the cause of public education in the United to labor unions, this because methods (strikes, intimida- States and the ideals of Horace Mann, known as the tion, slowdowns, shakedowns, violence) sometimes used founder of the American public schools. Plaintiffs con- by unions to accomplish their objectives are considered tend that the appropriations are unconstitutional in that to be at variance with the brotherly love exemplified they violate Article 16 of the Maryland State constitu- and amplified in the Sermon on the Mount. Yet those tion by "requiring plaintiff taxpayers and all persons in workers are denied employment in States where union like situation to contribute to a place of worship and a shops are legal, or forced to quit their jobs when their ministry." The appropriations also are said to violate employer is unionized. the First Amendment to the United States Constitution The priests spoke forthrightly on labor union com- in that they "establish" religion by making an ap- plicity in the racial problem. We wish they had, with propriation for religion. equal forthrightness, declared their belief in the right It is significant both that schools of Protestant and of every man to work regardless of race, color, or re- Catholic affiliation are involved in the suit and that ligious belief. R. R. H. plaintiffs include persons of various religious beliefs. The issue is too important to become the butt of sec- LEGAL TEST HAS NATIONAL SCOPE tarian charge and countercharge. R. R. H.

HEN the Maryland State legislature passed JUDGE NOT bills granting funds to four sectarian colleges Wduring 1962 and 1963, it set in motion a HE WAY Mrs. Laverna Jenison sees it, to serve legal test that may have greater effect on church-state on a jury is to violate the scriptural injunction relations in the United States than any case thus far "Judge not, that ye be not judged." For her decided before the courts. At issue is not only the di- refusal to serve on a Minnesota county court jury she version of tax funds to sectarian purposes but also a was judged, however, and given a 30-day jail sentence novel distinction being made between elementary and for contempt of court. The United States Supreme Court secondary sectarian schools on the one hand, and sec- has remanded her case to the Minnesota Supreme Court tarian colleges on the other. for reconsideration.

30 LIBERTY, 1964 Attorney General Walter E. Mondale sees the case in words of Kipling's "Recessional," written in the heyday a different light from Mrs. Jenison. "The entire pro- of England's power, the golden jubilee of Queen Vic- ceeding may be summed up this way," said the Minne- toria. There are striking parallels between England sota legal officer, "the petitioner claims the benefits of and America. citizenship free from its obligations. To such a claim the God of our fathers, known of old— Minnesota Supreme Court did not subscribe." Lord of our far-flung battle line— Citizenship does have obligations that cannot be neg- Beneath whose awful hand we hold lected. Trouble is, Mrs. Jenison claims citizenship, not Dominion over palm and pine— only of the United States but also of the kingdom of Lord God of Hosts, be with us yet, Lest we forget—lest we forget! God. And the Supreme Authority in that realm has said that it is better to serve God than man. To this dictum, The tumult and the shouting dies; Mrs. Jenison considers herself beholden. The captains and the kings depart— Whether she is correct in her views we are content to Still stands Thine ancient sacrifice, leave to a higher court than earthly governments can An humble and a contrite heart. Lord God of Hosts, be with us yet, muster. We suspect she is not. But we suspect also that Lest we forget—lest we forget! the punishment meted out to her by the Minnesota court is hardly fit reward for conscientious convictions. Far-called, our navies melt away; Undoubtedly, Mrs. Jenison is a faithful taxpayer, be- On dune and headland sinks the fire— cause her Lord commanded His followers to render Lo, all our pomp of yesterday Is one with Nineveh and Tyre! to Caesar that which is Caesar's. Likely she obeys traf- Judge of the Nations, spare us yet, fic laws, avoids taverns, attends church, does her work Lest we forget—lest we forget! faithfully—in brief, is the kind of citizen infrequently found before a judge. If, drunk with sight of power, we loose Had she been less conscientious, she could have taken Wild tongues that have not Thee in awe— Such boastings as the Gentiles use, the easy way out and said simply that she had formed Or lesser breeds without the Law— an opinion in the case to be decided. Such evasions of Lord God of Hosts, be with us yet, duty occur in courtrooms every day, and who is to con- Lest we forget—lest we forget! tradict the prospective juror's statement? Of course, Mrs. Jenison could not do this, for to lie to evade duty would For heathen heart that puts her trust be as great a sin, in her estimation, as to serve and thus In reeking tube and iron shard— All valiant dust that builds on dust, violate what she believes to be God's will. And guarding, calls not Thee to guard— The Minnesota Supreme Court will likely see things For frantic boast and foolish word, Mrs. Jenison's way the second time around. In the mean- Thy mercy on Thy People, Lord! time, Mr. Mondale's argument that such an exemption We must never let ourselves be blinded to eternal cannot be claimed in the absence of a State law authoriz- values, either by the pomp of power or by the heavy ing it should be speedily disposed of. Minnesota can and fog of political controversy that so frequently tends to does exercise its discretion to excuse certain groups, in- hang heavy over the land. It is for us to fasten our cluding clergymen, from jury duty. If a provision is not eyes on the glory above and to send our prayers upward now on the books for the rare individual whose con- through the enveloping fog to Him who guides the stars science compels him to refuse jury duty, Minnesota and who is ready, also, to guide our feet aright. should write one. Write, Mr. Mondale? R. R. H. The hour is dark. That is why we are here today. In- deed, wise scientists have been telling us for years that it is but "minutes to midnight." So perilous are the times in which we live! But in a time of darkness we He Stood for Something can never go wrong by turning our faces upward toward the bright light that streams from the Throne. From page 29 Where else can we safely turn? In an hour of calamity The great temptation for all of us in America is to and even consternation we may calmly stay our hearts put our trust, not in prayer, but in material possession on the sublime truth that the God whom we serve sits and material power, for America today has become very enthroned, serene—overruling tragedy and evil men, to great. Indeed, it is as great as any nation that ever held bring to final fruition His ultimate purposes—"for the sway in the earth. Our influence circles the earth, in Lord God omnipotent reigneth" (Rev. 19:6). And commerce, in international affairs, and in the protective those ultimate purposes, let us never forget, find their planes and submarines that hold a threat of death to all expression in the second coming of our Lord. And so who would endanger us. No wonder we are tempted we would close with the brief but passionate prayer that to put our reliance on material wealth and the power closes God's Holy Book: "Even so, come, Lord Jesus" it represents. We do well to remember the immortal (Rev. 22:20). ***

JANUARY-FEBRUARY 31 world report

UNITED STATES Filing the suit were the three bishops appointed by the Holy Synod in Belgrade to head the church's three Parochial School Students Qualify for Speech, new dioceses. These were formed when the U.S. and Hearing Program Canadian jurisdiction was divided at the time of Bishop St. Louis, Mo.—Some 3,500 students of parochial Dionisije's ouster. schools in St. Louis County are receiving tax-supported The plaintiffs were Bishop Firmilian Ocokoljich, head speech- and hearing-correction instruction in what ob- of the Middle West American diocese, with headquarters servers consider a landmark program in church-state in Chicago; Bishop Stevan Lastavica of the Middle East relations. American-Canadian diocese in Detroit; and Bishop This is believed to be the first time that a large tax- Gregor Udicki of the West American diocese in Los supported program originally set up for the benefit of Angeles, California. public school children has been made available to pupils They contended that Bishop Dionisije has "continu- of religiously oriented schools. ously and repeatedly" refused to turn over the church's The program provides that children in parochial assets and records, thereby interfering with their ad- schools who are found in need of speech and hearing ministration. Involved are a $70,000 bank account and therapy are gathered into a special classroom in their "millions of dollars" in church property at Libertyville, own school building. A therapist employed by a public Jackson, California, and Shady Lane, Pennsylvania. school district and using equipment purchased from tax Earlier the supporters of Bishop Dionisije filed suit funds comes to the school and conducts the special in circuit court at Waukegan, Illinois, to stop Bishop therapy classes. There is no charge for the service, either Firmilian and other Belgrade-named prelates from to the school or to the parents of the children. "representing themselves to be bona fide administrators Such service was available only to public school pupils or agents of the Church." until Missouri Attorney General Thomas F. Eagleton ruled that it could be expanded to nonpublic school i1FIRICA students. Principal beneficiaries of the new program are students in Roman Catholic parochial schools, since they Anglican Minister Pleads Guilty to Aiding are by far the largest nonpublic student group in St. Banned African Groups Louis County. Children of Lutheran and Jewish schools Johannesburg.—Reverend Arthur Blaxall, 72-year- also receive the aid, and it is available to private schools old Anglican clergyman, pleaded guilty in a Johannes- desiring to participate. burg court to taking part in, or aiding, the activities of the Pan-African Congress and the African National Suit Against Serbian Prelate Filed in Federal Court Congress, the South African Radio reported. Both con- Chicago.—Three Serbian Orthodox bishops have filed gresses are banned in South Africa. suit in U.S. District Court in Chicago, seeking to enjoin According to the broadcast, the retired minister also Bishop Dionisije of Libertyville, Illinois, from acting as admitted having in his possession publications of the two head of the Serbian Eastern Orthodox Diocese in the organizations. U.S. and Canada. Mr. Blaxall, who was out on $1,000 bail pending Bishop Dionisije was suspended last May by the trial, had been charged with violating the Suppression church's council of bishops in Belgrade, Yugoslavia, of Communism Act. The law, opposed by Christian on charges of canonical offenses. The bishop, however, groups, gives the Ministry of Justice extraordinary pow- has refused to recognize the suspension and has charged ers in national emergencies. Its opponents, however, say that it was done "under pressure from Tito's Communist it was designed to buttress South Africa's racial segrega- regime." tion policies. The suit asks that Bishop Dionisije be prevented from Mr. Blaxall has spent most of his ministerial life in withdrawing funds from the church's bank account and welfare work among African Negroes. He was arrested from converting church assets to his own use. It also last April just before he was to have attended the con- seeks to stop the prelate from interfering with the stituting assembly of the All Africa Conference of church's administration. Churches at Kampala, Uganda.

32 LIBERTY, 1964 *'•",- *t1 1,0 1, to convince the convinced when the real target was be- lieving Christians. Australian State to Aid Parochial School Pupils The magazine Science & Religion meanwhile warned Sydney, Australia.—A plan to pay small allowances against making "martyrs." to parents of children attending private and church- It cited the case of an 18-year-old youth, Sergei Gor- related high schools in New South Wales has met with batov. Sergei, a member of Communist youth organiza- government approval. tions and a pampered chess expert, suddenly gave up The allowances, worth $48 a year, will be paid also school. Inquiry showed that he was staying home to to pupils who live away from home at state secondary study the Bible, that his parents were religious, and schools. It is estimated that 20,000 pupils will benefit that his sister, who held a position of responsibility, was from the plan. The plan is based on proved financial also a believer. need. Prodding by Communist local leaders didn't help, New South Wales is the fourth of Australia's six so Sergei, because he refused to work, was taken to states to pay allowances in some form to parents of court and charged with being a tuneyadet, literally, "a pupils in secondary private schools. Other states are Vic- parasite." At one point, the journal said, the youth toria, Queensland, and Tasmania. seemed on his way to a "far-distant" work camp for Roman Catholic clergymen welcomed the plan, but several years. some Anglicans and Protestants expressed doubts over Science & Religion successfully defended the youth, it. A Methodist leader expressed support. largely to prevent his becoming a "martyr." It assailed According to an Anglican spokesman, Canon D. B. the "formalistic approach" of atheist indoctrinators, the Knox, "the most unsatisfactory feature is the discrimina- "wrong actions of local atheists," and "blackmail," tion it makes between those who go to public schools which threatened Sergei and his sister with exile. and those who go to private schools. Thus the proposals amount to a backhanded way of giving state aid to de- nominational schools." VATI4rAN CITY

U.S. Bishop Asks Full, Accurate Stand on IIUSS1.1, Church-State Separation Vatican City.—A recommendation that the "delicate" Atheist Indoctrination Programs Ineffective, Say Red Journals subject of church-state separation be "placed in a context where it can be treated with the fullness and accuracy Moscow.—Publications throughout the Soviet Union which it needs" was made at the Second Vatican Council are less than pleased with the Communist program of by a spokesman for the American hierarchy. atheistic indoctrination. Archbishop Lawrence J. Shehan of Baltimore objected A survey of recently issued periodicals revealed a specifically to the phrase "the regrettable separation of variety of ideas to improve the effectiveness of the worldly things and the Church" which appeared in the program. chapter on the people of God and the laity in De The journal Soviet Russia suggested that effective Ecclesia, the schema on the nature of the church. speakers over 50 years of age are required to present Addressing the 54th general congregation, he said the message of atheism before middle-aged Christians. the phrase "needs to be clarified, lest it give rise to er- It noted that the Old Believers Community of Kazan roneous impressions." Some have already understood this provided several problems: phrase as referring to the relationship between church 1. The women do not work in factories, conse- and state. quently they escape "indoctrination provided on the "This seems to be an error, but in any case the text job and in union meetings. This could be met, said is lacking in precision and clarity." Soviet Russia, by expanding the atheist campaign to Archbishop Shehan said the question of church and include neighborhoods, apartment buildings, housing state "is entirely too important and too delicate to be developments. treated only in passing, almost casually, in a discussion 2. More than 80 per cent of Kazan's Old Believers of the apostolate of the laity. It should be placed in a are over 50, an indictment of the atheist program since context where it can be treated with the fullness and ac- all grew up under Communism. Here, the journal sug- curacy which it needs." gested, was an area where older atheists could perform At an earlier session Bishop Michael Klepacz of Lodz, a major contribution. Poland, had called for eliminating the controversial Igor Tykhonov, a Kazan party chief, complained phrase in the schema, particularly since it might sug- that major meetings devoted to atheism draw only gest that separation of church and state was always de- dyed-in-the-wool atheists. He saw no need to go all out plored by the church.

JANUARY-FEBRUARY 33 The Vatican Council From page 24 Catholics. But at the heart of the liturgy will still be the mass with the doctrine of transubstantiation and all that it implies. In fact, as Pope John said at the beginning of the first session, this council is not called to discuss "one article or another of the fundamental doctrine of the Church," for Rome has no intention of giving up any of them. This being so, the possibility of actual reunion with Rome is not the least bit brighter in the second session than it was in the first. Indeed, as Dr. Claud Nelson LIBERTY of the National Council of Churches expressed it to me, "the climate is improving, the direction clear, but the Liberty is a necessity for all men. But liberty will obstacles are showing up more." not maintain itself. Men must join their interests to Not, of course, until the schema on "Ecumenism" is preserve it. Make LIBERTY: A MAGAZINE OF RE- discussed shall we learn authoritatively Rome's terms LIGIOUS FREEDOM your agent in fighting for freedom. for reunion, but it does not take a very shrewd mind to Send LIBERTY to five of your friends NOW. They judge from the discussions up to now that they are not need LIBERTY. Enter their names and addresses on likely to go far toward settling the serious issues that the form below. When sending in more names, you separate Rome from the Orthodox and Western Epis- may attach an additional sheet of paper containing copal churches, and they do not begin to touch the names and addresses. fundamental problems raised by Protestants. Two Parallel Ecumenisms—or Three Religious Liberty Association of America: What is now becoming evident, therefore, is what Please send LIBERTY: A MAGAZINE OF RELI- Alan Keighley, minister of the Methodist church in GIOUS FREEDOM, published in the nation's capital: Rome, foreshadowed recently in the Methodist Re- corder; namely, that there are likely to develop "two To parallel ecumenical movements," one Roman and the other non-Roman. I talked with him in his study just Street across the Tiber from the famous Castel Sant' Angelo, City Zip Code State and while he said it was too soon yet to dogmatize, his thinking certainly corresponds with that of Orthodox To Prof. Hamilcar Alivisatos, of Athens, who a little while ago similarly referred to "two streams of ecumenicity" Street at present taking shape. City Zip Code State At first, to use Alan Keighley's phrase, they will doubtless be "rival movements," but as Roman doctrine is To "reformed" as far as it can be without denying its Street fundamental claims, and the theological thinking of the non-Roman churches converges toward Rome—as, for City Zip Code State example, by a drastic reinterpretation of the Thirty-Nine Articles of the Anglican Church and perhaps other To Protestant formulations—Alan Keighley's suggestion Street that these "two parallel ecumenical movements . . . will City Zip Code State surely draw together as the years go by" is the most likely ecclesiastical development of the future. To In that eventuality, however, I feel that Alan Keigh- ley's tentative forecast will need to be supplemented by Street suggesting that there will be not two but three ecumen- City Zip Code State icities in the future. For if the non-Roman churches do converge toward Rome by ceasing to "protest" the "faith Rates: once delivered to the saints" and reasserted in the great Subscription rate: $1.25 a year. Slightly higher in Canada. ❑ ❑ Reformation of the sixteenth century, there certainly Check Money order Currency will be those who will follow neither Rome nor the Send your order to the "Catholicized" non-Roman churches. *** Religious Liberty Association of America 34 6840 Eastern Avenue, Washington, D.C. 20012. Man defends himself as much as he can against truth, as a child does against a med- icine, as the man of the Platonic cave does against the light. He does not willingly follow his path; he has to be dragged along backward. This natural liking for the false has several causes: the inheritance of prej- udices, which produces an unconscious habit, a slavery; the predominance of the imagina- tion over the reason, which affects the understanding; the predominance of the passions over the conscience, which depraves the heart; OF the predominance of the will over the intelli- gence, which vitiates the character. A lively, MAN AND disinterested, persistent liking for truth is extraordinarily rare. Action and faith enslave thought, both of them in order not to be TROTH troubled or inconvenienced by reflection, criticism and doubt.—The Private Journal of Henri Frederic Amiel, translated by Van Wyck and Charles Van Wyck Brooks.

THOMAS DUNBEBIN, ARTIST

•"•we.; , Legal Christianity

Legal Christianity is a solecism, a contradiction of terms. When Chris- tianity asks the aid of government beyond mere impartial protection, it denies itself. Its laws are divine, not human. Its essential interests lie beyond the reach and range of human governments. United with government, religion never rises above the merest superstition; united with religion, government never rises above the merest despotism; and all history shows us that the more widely and completely they are separated, the better it is for both.

—Article 1, Sec. 7, of the Ohio Constitution

1111111114.— WNW

H. ARMSTRONG ROBERTS