The Lawyer

Volume 1 Number 1 Volume 1, January 1955, Number 1 Article 14

Sacred Roman is Streamlined by 's New , California D.A. Names More in Lottery Charges, Decry Encroachment of Social Agencies Upon Functions of the Courts, Conference, in Chicago

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Sacred Is Streamlined The complaints against the nuns-alleging By Pope's New Decree violations of the State's lottery laws and con- (From The Register, Denver, Colo., Nov.- 28, 1954) tributing to the delinquency of a minor- .-The work of the Sacred Ro- were virtually identical with those filed man Rota, best known as a court of appeal against the principal of the school-Sister from diocesan courts in matrimonial cases, Mary Peter. has been streamlined by Pius XII. The subsequent dismissal of the charges The will cease to be a court of was interpreted as a move on Mr. Mayes' intermediate or second appeal, as provided part to try to force the three Religious to testify in the case against Sister under Law (c. 1599). This will make Peter. At a it possible for the high tribunal to work more preliminary hearing in the case, the three Sisters had refused to testify, invoking rapidly on the cases that come to it from the the Fifth Amendment world at large. which provides that no one may be compelled to be a witness against Ordinarily, a marriage case is presented himself. first to a diocesan court. The decision is then Observers said the District Attorney may passed on to its normal court of second in- have acted on the theory that since they had stance. If the decision of this second court been accused once and the charges dismissed upholds that of the first, or local court, there the "double jeopardy" guarantee would bar is normally no further recourse. If, however, their being accused again on the same the second court does not agree with the first, charges; thus they could no longer invoke the case may come to the Rota for appeal of the Fifth Amendment for immunity. Legal ex- sentence or judgment. The Rota decision is perts said however that mere charges would usually final. not constitute putting the Sisters in "jeop- In recent years it has become the habit of ardy"-that the case would have to come to many in to use the Rota also trial for the argument to be valid. as a court of second instance. It has now been The Merced Justice Court has thrown directed that shall set up its own tri- out for lack of evidence, Mr. Mayes' charges bunal of second instance and that other Ita- that Sister Mary Peter, the principal, con- lian dioceses shall use their proper tributed to the delinquency of a minor. of appeal before coming to the Rota. Two The District Attorney has filed a notice of U.S. priests, Francis J. Brennan his intention to appeal the dismissal to the of Philadelphia and William J. Doheny, for- Court. He said the Judge erred in merly of the of Notre Dame, serve rulings. on the Rota's board of 15 judges. The nuns newly-named in the case are: Sisters John Michael, Mary Loraine and Mary Edward. The boy is Billy Guedet, a California D.A. Names More student at the school. Nuns in Lottery Charges Mr. Mayes started his court action, he (From the Courier-Journal,Rochester, New York, Dec. 3, 1954) said, after being approached by the boy sell- MERCED, CAL. - (NC) - District Attorney ing tickets on a building fund for the con- Don C. Mayes filed lottery charges against struction of La Casa de Maria Retreat House three more Sisters and a 12-year-old student in Santa Barbara, California. of Our Lady of Mercy School here-and then The tickets called for donations of $1 each quickly had the charges dismissed. for prizes, including two 1955 model cars. The charge still pending against Sister "Then we come to the eternal question Mary Peter, the principal, is that she vio- as to what is the best method of making the lated the state lottery law. Her attorney, social facts available to him. Can this be done C. Ray Robinson, has indicated that the most effectively by an outside civilian agency will plead not guilty. No date has been set or by a staff that is part and parcel of the for the trial. court? Does not this latter offer .the better Mr. Mayes had said earlier that he felt the approach in the long run? In our judgment law had been broken and he sought only to there is a better chance of developing a social enforce it. He said he was not attempting to point of view in the courts through their own single out any one organization in his court personnel than through outside people who action. represent a constant threat to the indepen- dence of the courts." Decry Encroachment of Social Agencies Upon Natural Law Conference Functions of the Courts (From The Catholic Standard and Times, Philadel- The Second Annual Conference on the phia, Pa., Nov. 19, 1954) Natural Law, sponsored by the Guild of Efforts of several groups in social welfare Catholic Lawyers of New York, was held on to take over what they call the executive December 4, 1954 at the Association of the functions of the Juvenile and Domestic Re- Bar of the City of New York. The general lations Courts were decried in a strongly topic under consideration was "The Natural worded editorial in the October issue of "The Law and The Family." Speakers and their Review." topics were: Dr. Heinrich Rommen of the "They want these services provided by an Georgetown University faculty - "The Nat- over-all community-wide public agency. It ural Law, Man and Society;" Dr. Brendan would be a civilian agency. But, of course, F. Brown, former of the School of it would have to enter into many delicate Law, Catholic University of America-"The problems of family life. It should therefore Natural Law, The Marriage Bond and Di- have the backing of the courts, but if it re- vorce;" Dr. James V. Mullaney of the Man- ceives any backing from the courts, it must hattan College faculty - "The Natural Law, be on its own terms. It must be in a position The Family and Education;" and Dr. Fried- to call the shots. It wants governmental deal- rich Baerwald of the Fordham University ings with juvenile delinquency placed on a faculty - "The Natural Law and The Family purely administrative basis. Then, we might as an Economic Unit." ask, 'How about the rights of families and of The speeches will appear in the March, children?' What right does a civilian agent 1955 issue of the Fordham Law Review. of the government have to enter into the care of children? Is not this fundamentally a ju- dicial problem? Red Mass in Chicago "We recognize that the courts need to be One of the highlights of the Seventy- implemented by social facts and social situa- seventh Annual Meeting of the American tions but as we understand the independence Bar Association in Chicago was the Red of the judiciary, it calls for the use of these Mass. The Mass was celebrated on Sunday, facts at the discretion of the judge. He repre- August 15, 1954, at 10:00 A.M. in Holy sents the people in this field. He is the pro- Name Cathedral, Chicago. Following the tector of the rights of the people but he takes Mass, His Eminence Samuel Cardinal Stritch into account certain social facts in dealing addressed the large gathering of lawyers with them. He tries to deal with family and from all over the country at the breakfast children situations on the basis of his knowl- sponsored by the Catholic Lawyers Guild edge of all the social facts. of Chicago.