A broad survey of the field of law LAW 0 ?fia*tci& *X. Scdfamuf A BROAD SURVEY OF THE FIELD OF LAW Digitized by the Internet Archive in 2016 https://archive.org/details/broadsurveyoffieOOsall A BROAD SURVEY OF THE FIELD OF LAW Three addresses delivered on the nationwide Catholic Hour, pro- duced by the National Council of Catholic Men, in cooperation with the National Broadcasting Company, from June 5, to June 26, 1949. BY RT. REV. MSGR. FRANCIS X. SALLAWAY Archdiocesan Director of Radio Activities Boston, Massachusetts National Council of Catholic Men 1312 Massachusetts Avenue, N. W. Washington 5, D. C. Printed in U. S. A. By OUR SUNDAY VISITOR PRESS HUNTINGTON, INDIANA Nihil Obstat: REV. T. E. DILLON Censor Librorum Imprimatur: •i* JOHN FRANCIS NOLL, D.D. Bishop of Fort Wayne TABLE OF CONTENTS The Natural Law 7 The Positive Law 13 The Contradictions In Law 19 THE NATURAL LAW Talk Given on June 5, 1949 In his autobiography entitled: “The Seven Storey Mountain,” Thomas Merton sums up a friend’s picture and vision of America in these words: (P. 23) “It is a country full of peo- ple who want to be kind and pleasant and happy, and love good things and serve God, but do not know how. And they do not know where to turn to find out. They are surrounded by all kinds of sources of information, which only conspire to bewilder them more and more . . . Some day they will turn on the radio and somebody will start tell- ing them what they have been really wanting to hear and needing to know. They will find someone capable of tell- ing them of the love of God in language that will no long- er sound hackneyed or crazy, but with authority and con- viction born of sanctity.”* Merely because I find it hard to credit the writer’s assump- tion that such a voice has not appeared over all these years, may I suggest that such a voice (From the Seven Storey Mountain by Thomas Merton, copyright, 1948, by Har- court, Brace and Company, Inc.) may have been sounding already, and that the fault may be on the listening end? May I point out that for more than a score of years now, it has been the effort of this programme to provide such a voice, composite perhaps, but persistent? Its constant theme has been the love of God; its language, simple and clear, certainly not hackneyed. It has possessed authority, conviction and sanctity. May these quali- ties continue and its listeners increase. My own humble contribution will be an effort to untangle with God’s help, some of the bewild- ering confusion which exists upon the single subject of Law, beginning with its first and strongest expression, the Natur- al Law, and ending with its fifth and last, and incidentally weakest form, Human Civil Law. The Natural Law, the first and most basic of all laws, is that mysterious, unseen, unheard, unwritten, silent, all-pervading, irresistible government which activates and controls every* thing known to us, throughout all ages and stages of Creation. Whether it be the chemical ele- 8 A BROAD SURVEY OF THE FIELD OF LAW ments attracting or repelling one another to build or dissolve mines or mountains, whether it be the raging ocean or peaceful rainbow or sunset, tinting the distant snow-capped peaks, whether it be the fiery volcan- oes or the flowering trees, whether it be the habits of in- stincts of the minutest insects, or the conception, birth, growth and death of human beings—all things are pervaded by it, di- rected and limited by it, in their powers and functions. No sta- tute books contain it and yet everything in the world cease- lessly proclaims it. With the original planning or promulgation of it, or constant sustaining of it, we know man has had nothing whatever to do. This law existed from the beginning of time before man was. In fact it formed him, and it will continue, no matter what he thinks or does, until time shall be no more. To it, man has contributed nothing, unless perhaps his own boundless won- derment at it and ever mount- ing admiration of it. When called upon to explain it, we can only exclaim “Such is Nature,” and in all honesty add: “as God made it, and as we find it!” I have called it irresistible. Only one power can ignore it: the human mind. Only one force can oppose it: the human will. For of all creatures, only man can stubbornly say: “I don't be- lieve it. I won't obey it.” When the Almighty Creator made the world, He said to the sun: “You give light and heat, and play with the ocean. Draw it to your warm bosom in clouds. My winds will carry it over the land, where they will drop it in the form of rain. After watering the trees and the plants and the flowers, it will run back gladly in streams and rivers to the sea. All this, you shall continue to do, without understanding, without argu- ment, without complaint, with- out possibility of disobedience, until I tell you to stop.” And that was the Natural Law for the sun and ocean and the clouds and the winds and the rivers! Then He said to the trees: “You shall give shade and tem- per the heat of the sun. Your life will be shorter than that of the sun and the ocean. When you grow old, you will fling your seeds to the breeze. They will fall on the earth and behold, new trees as beautiful and strong as yourselves will grow up in your places, and will con- tinue to do just as you have THE NATURAL LAW 9 done, without understanding, without argument, without com- plaint, without possibility of dis- obedience, until I stop the pro- cess.” And that was the Natural Law for the trees and all forms of the vegetable kingdom! And then He said to the ani- mals, the birds and the fishes: “I give you all very different and varied powers: the power to walk, to fly, to swim. I es- tablish for you still shorter limits of life, and a different law of reproduction of your kind. You shall serve man, as servants and as food, and he is to be your complete master. These duties I assign to you. Do them, without understand- ing, without argument, without complaint, and without possi- bility of disobedience, until I tell you to stop!” And that was the Natural Law for the animal kingdom! I said that God said all this, but that was only a dramatic figure of speech on my part. It was not necessary for God to say a word. He explained noth- ing to the sun, nor ocean, nor trees, nor flowers, nor birds, nor fishes, nor animals. They had no intelligences to under- stand His words anyway. He simply wrote His intentions into the various natures which He assigned to them. And that is why these wishes of God are called the Natural Law , that is, the law written by the creative hand of God into the very Nature of things! He did quite the same thing, with a few variations, in the case of man, whom He made halfway between the animals and the angels. He assigned to him likewise various powers and functions, some of them like the angels. God gave to man a very complicated nature, composed of body and soul, material and spirit, and crowned it all with two gifts borrowed from the Divinity and shared only by the angels: Understanding and Free Will. The first of these, man’s in- telligence, enabled him, wiser than all other creatures, to read his own nature and interpret therein, the wishes of his Crea- tor. To man, God did not say: “Do these things without under- standing.” He said rather: “I give you an intellect. Use it! Study the heavens and they will tell you of My power. Study the flowers and they will tell you of My beauty. Study My pro- fusion of gifts to you and they will tell you of My goodness and generosity and love for you. 10 A BROAD SURVEY OF THE FIELD OF LAW Study your origin and your in- tellect will tell you that you owe your existence to Me. Study yourself, and you will find My moral Law written all over the body and soul which I have given you. You will find that your wonderful gift called in- telligence will enable you to gov- ern and regulate all your other various and seemingly contradic- tory powers, appetites and pas- sions, according to right reason —the first dictate of which will tell you that the higher, nobler, spiritual faculties of your soul must dominate the lower in- stincts, keeping them always in subjection to the ends and pur- poses for which I gave them to you! “These lower yearnings of your animal natures may mys- tify you a little at first. That seeming incompleteness of your nature, the strength and insis- tence of that urge within you to- ward constant association with another helpmate, companion, partner of the opposite sex, who will share with you and sweeten for you the tiresome journey of life—these strange things you will gradually understand are all planted by Me in your nature in order to allure you on into that very serious and difficult work which I wish you to perform, the task of human parentage, so that My goodness may be known and enjoyed by new and numberless other creatures like yourselves and whom you will cooperate with Me in bringing into existence. “Carry out this plan of life which I establish for My human creatures. Use and enjoy these powers which you find in your natures, but do not abuse or de- grade them in ways which frus- trate the glorious purposes to which I have ordained and con- secrated them! “And this is the Natural Law for you!” In the case of man, too, I re- peat, it was not necessary for God to say these things in so many words. He said it suffi- ciently in planting these pow- ers in our natures and in giving us intellects with which to in- terpret them. Nor is that all that He said to us in this quiet, forceful, wordless way. He wrote fur- ther into this marvellously com- plicated nature of ours: “You will find within yourself an- other strange power, and a very dangerous one, one which I dare entrust to no other of My creat- ures except the angels: namely, a Free Will. To you I do not say: ‘Do My will without argu- THE NATURAL LAW 11 ment, without complaint and without possibility of disobe- dience/ To you I say: 'Do My will, yes, but do it of your own free choice, even although you will find within you the power to contradict My word and to disobey My law/ ” God knew perfectly well that there would be many who would argue about this and other laws, who would complain against it, whose free wills swayed by pas- sion would try to undermine that law, to obscure it, to confuse it, to ridicule it and deny it, in or- der to make disobedience to it more easy. And yet He made us as He did. But for this volatile, undependable contradictory crea- ture called Man, God added something else which was un- necessary and superflous for His other creatures. Besides writing His wishes upon the fleshy tablets of the human heart, besides stamping upon every human mind that in- born sense of right and wrong which we call Natural Consci- ence or the Natural Law, so that there would be no mistake about it, He engraved that same law: 1) Upon tablets of stone , de- livered it to Moses on Mt. Sinai and this is called the "Positive Divine Law.” Nor did He even consider that enough. Then 2) He sent His divine Son in person to declare and perfect that law : and His utterances are called the "Positive Christian Law.” And finally because men's perverse minds and wills, even after all that, would still argue, complain and disobey, 3) He left His Church to int- erpret it further and infallibly for all time. And her promulga- tions are called the "Positive Ec- clesiastical, Canon or Church Law.” In other words, although the Natural Law alone was suffic- ient for all God's other creatures, for man, God piled law upon law, so that man's sin, if he still per- sisted in argument, complaint and disobedience, would be in- excusable ! This four-fold divine Law, God's will expressed in one way after another, is the fundamen- tal law governing this world, no matter how persistently and per- versely men may contradict and disobey it. God still has one more means to bring them back to a remembrance of it when they do attempt to rule the world forgetting or ignoring it: —His sword of divine chastise- ment. All men at this very mo- ment are in greater need of re- calling it and re-building a shat- tered world upon it, than ever 12 A BROAD SURVEY OF THE FIELD OF LAW before in human history. It is this basic law to which Our Holy Father, Pope Pius XII is con- stantly appealing, begging all rulers of nations, all makers of laws (American legislators therefore included), to restore it to the place of dignity and honor from which it has fallen. Woe indeed to the world, should His voice be unheeded or un- heard whenever the final peace shall be written, if ever it can be written without His guiding hand. THE POSITIVE LAW Talk Given on To complete a broad survey of the whole field of Law, we should devote as much time to description of Positive Law (that is, Law expressed in so many explicit words,) as we have spent in describing the Natural Law, (that is, the Law implied in the natures given to things by God when He created them. Ac- cording to the persons who framed their expression in so many words, Positive Laws are divided into four kinds: a) Div- ine, b) Christian, c) Ecclesias- tical, and, d) Civil. The first of these four kinds of Positive Law, God expressed directly Himself in His dealings with patriarchs and prophets and kings in the Old Hebrew Testament of the Scriptures, the most notable example of type of this Divine Positive Law being the Decalogue or Ten Command- ments delivered to Moses on Mt. Sinai. The second division of Posi- tive Law is called : “Christian Law,” those laws which Jesus Christ, the Son of God proclaim- ed during His lifetime on earth, with His celebrated formula: “You have heard it said of old, June 12, 1949 thou shalt or thou shalt not do this or that . . . but I say unto you . . and then He would pro- mulgate His new law, whatever it might be. Before hurrying on to a brief description of the third type of Positive Law, Ecclesiastical, Canon or Church Law, I should point out that all the forms of Law mentioned heretofore are only three different expressions of the same divine wishes, in different ways and times, and note well, all by the same divine voice. Therefore there cannot possibly be any disagreement be- tween these first three forms or types of law. No possible confu- sion, no possible contradiction, because all proclaimed directly by the same divine voice, with no human intermediary to inject confusion or contradiction into these utterances. Neither is there any possibil- ity of disagreement or confusion in the next or fourth expression of these same divine wishes call- ed the Positive Ecclesiastical, Church or Canon Law. But this is expressed by a different voice now a human voice. And so in considering this fourth form of 14 A BROAD SURVEY OF THE FIELD OF LAW law, we met for the first time: Human Law, law framed and promulgated by men. The mater- ial still the divine will, but the voice which proclaims it, is hu- man. Here we meet I say a new, usually fallible element. Human legislators do possess some divine authority and just how much and within what lim- itations, we shall see when we discuss shortly: Human Civil Law. But no other human legis- lators ever received such an ab- solute charter of legislative pow- er as Christ conferred upon the Head of His Church. So com- plete is this guarantee that it amounts to an assurance to all men, for all time, that the voice of Peter is the Voice of Christ, the voice of Christ's Church is the voice of God. And so to tell the full story, this human voice we have to hyphenate. Just as we must hyphenate the name of Jesus Christ Himself in order to tell the full story about Him, calling Him the God-Man, so we must hyphenate the voice of the Church of Christ and call it the divine-human voice. No other human voice can be so described without exaggeration. Thus does Positive Ecclesiastical Law oc- cupy a position half-way between purely human law. The voice of the Catholic Church then (in other words: Positive Ecclesiastical law,) is the closest echo of God's own voice that exists in the world. God's assurance of correctness, legitimacy, unlikelihood that she will overstep her bounds, ex- tends to these legislative funct- ions also. He has promised to remain with her always, guid- ing her in the way of holiness and truth unto the consumma- tion of the world. Such is the basis of the Catholic Church's legislative powers, such the authority of her voice in the world, the only sure and infal- lible trumpet of Truth in the world, not only for her own children but to all men, whether they will listen to her or not. Such too is the explanation of her own children's utter confi- dence in her, a reverence and a love that is the marvel, admira- tion and envy of every other re- ligious teaching body which either attempts, pretends or seems to speak in the name of God. The basis of all morality, pub- lic and private is individual con- science recognizing law. Our whole idea of right and wrong flows from the individual's rec- ognition that his own will is in agreement or disagreement with THE POSITIVE LAW 15 a superior will, which has a right to command his obedience. That is in fact the Catholic Church's definition of sanctity or sin. It is also the citizen's idea of patriotism or crime. In other words, some superior, either God, the Church or the State decides what it wants done, pub- lishes that will, so that all sub- jects may know it, and then the inferior obeys, with sanctity or patriotism resulting, or disobeys with sin or crime as the con- sequence. The main difference between divine and human law is in the sanctions of each. By sanctions we mean the rewards and pun- ishments which the lawmaker attaches to obedience or disobed- ience to his laws, in other words, the follow-through by which authority enforces its law. In discussing divine law in its four-fold form we never mentioned sanctions at all. But now we do, for the sake of a contrast. In divine law, God does threaten some punishments in this world. But at the same time, He tempers them, oftentimes unexpectedly, by mercy and love here below. Thus God's sanctions of His law, His plan of punishments for disobedience to it, becomes " in some men's minds a rather ; confused and vague thing. In fact, no man can really follow it all, or understand all its work- ings completely. And indeed God's great and final sanction are principally a matter of the next world, the future life. This our earthly life, is only the first act of the drama anyway. It is on the Day of Judgment only, that He has promised to reveal to all men His vindication of His own infinite Justice, to reward and punish all men publicly accord- ing to their works. But such sanctions as these seem to be insufficient to deter men from disobedience to His law. “Men of little faith” con- sider them too distant, too un- certain, to be influenced over much by them. In other words, in spite of the clear, four-fold manner in which the Creator has published His will to men, and sanctioned it with eternal rewards and punishments, such is man's blindness and perversity that he brushes it all aside, in- sisting upon his own will at any cost and at any punishment. So widespread is this attitude that finally in self-protection, men themselves : “God's law and His sanctions are not enough. We ourselves must make still 16 A BROAD SURVEY OF THE FIELD OF LAW more laws besides God's laws. We must create Human Civil Law, with immediate and visible punishments, right here and now in this world—jails, fines, tort- ures and even death, for those who disobey, who endanger pub- lic peace, security and morality, who honor not their parents, who kill and rape and steal and lie and betray their country." And thus almost through desper- ation was born Human Civil Law. Basically it is only another repetition of the divine law, but with a greater insistence upon visible, immediate, man-made punishments, designed by well- meaning men to impress those who disregard or view lightly spiritual and other-world pen- alties. Thus viewed, it is still an echo of the divine voice, but with added punishments invent- ed by men. Only, however, as long as it repeats the divine will, and thus remains in harm- ony with the divine law, only insofar does it deserve to be called an echo of God's voice and thus share His authority. The strange thing about this fifth form of law is that although Human Civil Law is in reality the Weakest echo of God's voice, the farthest removed from the original source and thus the least authorities of all the forms of law which we have considered so far, yet to many men in the world, it is the only expression of God's will which they know, and thus for them, it is the strongest echo of it. Deprived of the other forms of knowledge through ignorance, prejudice or lack of religious instruction, whether or not through their own fault, this law is for them the only law they know. If for no other reason then, it is there- for of great importance. We said in speaking of the Catholic Church's Canon Law that there is practically no pos- sibility that the Church would ever depart from God's own law even when promulgating laws made on her own authority, and that therefore there is scant likelihood of any discrepancy be- tween Ecclesiastical Law and the Divine Law, no contradictions between them. The one is built upon and merely explains the other. Not so, unfortunately, with Human Civil Law, and why? Well, first of all Civil Law does not possess such a powerful guarantee of complete fidelity to or constant agreement with the will of God, as Christ promised THE POSITIVE LAW 17 as a special gift to His Church. There is a much greater danger than Human Civil Law, made at times by men whose knowledge of things divine leaves much to be desired, will not always be a true, undistorted echo. Usual human legislators have no such accurate grasping of the things of God as churchmen possess. Thus the fidelity of human leg- islators' enactments is apt to Decome a rather undependable thing, as far as being an echo of the divine will is concerned. But despite its frailties and dangers and weaknesses, the State nevertheless still possesses the right to create laws on its own authority , laws which may not be exactly repetitions of any divine law, but reasonable reg- ulations, born of experience, statesmanship, common sense, solutions of political and practic- al problems. These things all constitute a wide field which ranges from war-making to im- position of taxes, from property disputes to traffic rules, from police and fire protection to road and ship building—in general, whatever activity the State for the public good can better per- form than the individual for and by himself alone. And in these fields, some of which are certainly quite far removed from any expression of the divine will, the State has a competency which nevertheless flows from the divine will, insofar as right order, peace and tranquility call for some authority to direct and govern for the common good. And all are bound in conscience to respect that competency and to obey those laws which flow from it. But let us examine a little further the nature of the danger of departure from the divine will, which is ever present in Human Civil Law. Unfortunately Human Civil Law possesses very few guarantees against misuse of even its legitimate power. What guarantee is there against arbitrary and perhaps mistaken rulings? Against personal or nationalistic ambitions? Against greed, jealousies, hatred, enmit- ies, vengeance, injustice? Indeed, its greatest guarantee, if not its only safeguard against such things is the legislator's own re- ligious sense of God's own laws When that is absent, God hel* the peoples whose Human Civil Laws are dictated only by god- less men's passions and ambit- ions ! Then it is that Human Civil Law can become, not an 18 A BROAD SURVEY OF THE FIELD OF LAW echo, but a contradiction of div- ine law. All history, but especially cur- rent events, reveal only too clear- ly and too sadly to what an ex- tent these contradictions have actually taken place, to the ruin- ous confusion of all law, order and justice. This condition, as it exists even in partial ways, and even in our own beloved country, we shall consider in our next broadcast, which we entitle : “Contradictions in Law.” Or to be more specific: “Discrepancies between the Divine Law and American Civil Law.” CONTRADICTIONS IN LAW Talk Given on June 19, 1919 Human civil laws do not al- ways remain in harmony with the divine law. Throughout the ages and even today more than ever, they defi- nitely contradict God's will in many instances. Here then ap- pears the first evidence of dis- agreement and confusion in the whole realm of law. Civil law has been snatched by dictators as a means of imposing their will upon other men. That dictator may be an individual or a major- ity of a legislative body, but whenever any human lawmakers turn against any dictate of God’s law and set up the opposite in their own name, then does the echo contradict the original voice, then does the ambassador belie the power that sent him, then does confusion reign su- preme as in the world today. What is the actual state of affairs in the world with re- gard to these simple fundamen- tal ideas of law and conscience to which we have been lately de- voting some thought? Outside the Catholic Church, enormous confusion! Such a multiplicity of human laws, ground out with such speed and volume by legis- lators and politicians, so fre- quently contradicted, repealed, declared unconstitutional, wiped out or permitted to lapse, that people’s attitude toward all law becomes cynical and indifferent. The majesty of the law fails to impress. Men simply brush it all aside with a sort of impatient con- tempt and place individual opin- ion above all law. More sad still is this confusion when it is felt about Church law, I mean of course outside the Catholic Church, because with- in it there is no confusion. But with one sect approving birth control and divorce, another con- demning them and a third quib- bling about the reasons which justify both, is it any wonder the ordinary man draws the con- clusion that even the supposed leaders of Christian thought do not seem to know what God wants, and that therefore all religion must be pure guess- work, all religious regulations and laws must be nothing more than the opinions of these lead- ers — right or wrong, who 20 A BROAD SURVEY OF THE FIELD OF LAW knows?—imposed upon the laity. In the ideal world, legislators see to it that the laws of the State do not conflict with the laws of God and Church. This is usually one of the benefits of concordats or legally drawn up agreements between Church and State. But in other countries, lawmakers often neither know nor care about the laws of God or Church. In some, a definite hatred of both seems to be the only explanation of some of the laws. It would be unnecessary amplification to digress here with instances in Russia, Ger- many, Spain, Mexico, Japan, France, and England. Of closer interest to us is our country, and manifestations of the same spirit of godlessness right here in our midst. Fortunately the founding fathers of our nation were a God-fearing, religious group of men, who injected into our basic governmental structure, a cor- rect recognition of God and a sense of true dependence upon Him, which has continued throughout the century and a half of our national existence. Nevertheless it becomes more and more questionable with the passing years whether we are now still a nation which can be called a Christian nation, in the sense that a majority of our cit- izens are informed about, and attached, either numerically or even in sympathies and docility, to any Christian Church. Cer- tainly many evidences of a spirit far from Christian are discern- ible in some of the laws which find their way through our elected legislatures on to our statute books, both state and national. In a country such as this, where theoretically the laws spring from the will of the gov- erned, the temptation is strong to express in the form of law, ideas appealing to the legislat- or’s constituents, quite regard- less of other more important considerations which should guide the science of govern- ment : such considerations as these: that the rights of minor- ities should suffer no injustice, and that in matters upon which God has spoken, even the will of the majority is not the ultimate source of right, any more than is the balance of might in guns and bombs. To point out a half dozen ex- amples: 1) The “noble experi- ment of Prohibition” succeeded in incorporating into the law of the land an attitude with regard THE CONTRADICTIONS IN LAW 21 to the use of liquor, more string- ent than the law of God, which condemns only its abuse. It is seldom that an interpretation of morality stricter and more rigid than necessary gains such a fol- lowing as to become a law, ex- cept locally. The usual tendency is the opposite, namely, to let down all barriers, and to open the way to ever looser and looser moral restrictions. It is rather ever greater and greater laxity that usually appeals to majorit- ies, and thus indirectly to legis- lators who consider no higher law than their constituents' wishes. Witness the attempted and accomplished legislation upon such issues as 2) unnatural birth control, 3) sterilization, 4) euth- anasia and 5) some of our mar- riage laws. 6) What other basis have the divorce laws of our country? Was there ever, in their enact- ment, any serious study of their agreement with the divine law? Is not their spirit simply this: “Whether Almighty God has had anything to say about His will, to the effect that, for the good of the race, He wishes marriage to be indissoluble, even although that may work some hardship upon individuals at times, we Americans neither know nor care. All we want is to be able to throw off these obligations, if they become distasteful to us or a hardship for us. 7) And the educational pol- icy of this nation as a whole: wherein the subject of God, His place in our children's lives, their responsibility to Him for all their individual actions, a know- ledge of His rights and laws— are definitely excluded from the secularized curricula of our pub- lic schools, not to mention a def- inite teaching of the opposite ideas in many private colleges — how can such an educational policy for the youth of a coun- try be said to be in agreement with the First Commandment of the Ten? All these tendencies are a dangerous leaven in our polit- ical life to start with. But when they become a part of our pub- lic legislation and thus a direct- ive for vast numbers who know no other law, then they are doubly dangerous. And in a democracy there is only one an- tidote that can be applied. And it is: the doctrine that the per- sonal will of any human law- maker is not the true source of law, least of all when his law- making starts with sweeping 22 A BROAD SURVEY OF THE FIELD OF LAW away the true foundations of whatever authority he may rightfully exercise, namely, that duty to express and corroborate and laws of God in terms of human, temporal sanctions. That, remember, to re-echo the divine will, is the limited, but only true scope of human Civil Law. ‘Thus far shalt thou go, and no farther.” Do our American legislators take this high view of their momentary, borrowed power? Is it not to be feared that they think more often merely in terms of their constituents’ wishes and their own re-elections? But whether or not the majority of them are infected with that weak viewpoint of their duty, there certainly are abroad in the world, human lawmakers of the godless type. They start from scratch so to speak, by simply saying: “This is to be the law of the land only because I say so!” They may or may not add other reasons, but they frankly start by excluding God. This is unreasonable enough, but bearable, provided their sub- jects agree with the wisdom of their other political ideas and consent to be governed on that basis. But when after starting on such a sandy foundation, they proceed to build a false super- structure as well—when the bricks and mortar of their edifice are Atheism, with its natural consequences of hatred of all re- ligion—when the girders are the exaltation of racial pride, with its unjust and unfounded dis- crimination against other races —when the field of morality is invaded with principles in di- rect contradiction to God’s will, when divorce, unnatural birth control and a hundred other evils are encouraged by legal enact- ment, then the Church feels it her duty to step into the arena with a clear statement as to the right and the wrong in all this lawmaking, and with a very simple rule: “Unless Human Civil Law, American or any other kind, agrees with divine law or right reason, it does not bind in con- science!” Let all civil legislators take to heart this fundamental lesson : that to enact laws that do violence to their subjects’ con- sciences is the surest and quick- est way to determine their own legitimate powers. Let us take a quick backward glance into recent history, our own particularly. About a cent- ury and a half ago, the Ameri- THE CONTRADICTIONS IN LAW 23 can colonists felt the injustice of a government which lacked suf- ficient respect for some of these rights inherent in the very nat- ure of man. And so, encouraged by distance and favorable chances of success, they embod- ied their protest in an immortal document since become the mag- na charta of democracy. They de- clared that all just governments spring from the consent of the governed, that all men are cre- ated free and equal, are endowed by their Creator with certain inalienable rights: to property, to freedom of speech, conscience, worship, and thought ; that these rights come directly to man from God and nature, are rec- ognized, sanctioned and defended by Religion, and must not be tempered with by kings, dict- ators or civil governments. In the fifth century, when in its decadence, the Roman Em- pire ceased to hold back hordes of Germanic tribes which inun- dated Italy like an irresistible, deadening lava from a volcano. It took civilization from three to five hundred years to lift its head again and stagger to its feet, which it eventually did through the spiritual ministra- tions of the Catholic Church. History is repeating itself be- fore our very eyes. Civilization is being similarly suffocated and destroyed today, strangely enough upon the very same bat- tlefield, but not there alone, by any means. Some attacks upon it are far more subtle than the assaults of gunfire. The stand for morality and Christian Truth which the Holy Father takes, is no less firm or brave in general, than when his home was upon the very line of military advance. But even with the limelight of the world's attention focussed upon him as seldom before, his words are still unheeded. I venture the following pre- diction : Never will the final Peace be written unless his pen shall have composed its conditions, condit- ions not couched in terms of commerce, colonies, cash indem- nities, crushing servitude or ex- ulting conquest, but in terms of human rights and duties, not the false vicious concept of these sacred things concocted to bolst- er up some dictator's dream- state, but true, human rights and duties that conform to the etern- al principles of Divine Law. THE PURPOSE OF THE CATHOLIC HOUR (Extract from the address of the late Patrick Cardinal Hayes at the in- augural program of the Catholic Hour in the studio of the National Broadcasting Company, New York City, March 2, 1930.) Our congratulations and our gratitude are extended to the Nation** Council of Catholic Men and its officials, and to all who, by their financial support, have made it possible to use this offer of the National Broad- casting Company. The heavy expense of managing and financing a weekly program, its musical numbers, its speakers, the subsequent an- swering of inquiries, must be met. . . . This radio hour is for all the people of the United States. To our fellow-citizens, in this word of dedication, we wish to express a cordial greeting and, indeed, congratulations. For this radio hour is one of service to America, which certainly will listen in interestedly, and even sympathetically, I am sure, to the voice of the ancient Church with its historic background of all the centuries of the Christian era, and with its own notable contribution to the discovery, exploration, foundation and growth of our glorious country. . . . Thus to voice before a vast public the Catholic Church is no light task. Our prayers will be with those who have that task in hand. We feel certain that it will have both the good will and the good wishes of the great majority of our countrymen. Surely, there is no true lover of our Country who does not eagerly hope for a less worldly, a less material, and a more spiritual standard among our people. With good will, with kindness and with Christ-like sympathy for all, this work is inaugurated. So may it continue. So may it be ful- filled. This word of dedication voices, therefore, the hope that this radio hour may serve to make known, to explain with the charity of Christ, our faith, which we love even as we love Christ Himself. May it serve to make better understood that faith as it really is—a light revealing the pathway to heaven: a strength, and a power divine through Christ; pardoning our sins, elevating, consecrating our common every-day duties and joys, bringing not only justice but gladness and peace to our search- ing and questioning hearts. 127 CATHOLIC HOUR STATIONS In 42 States, the District of Columbia, and Hawaii Alabama Mahile WALA 1410 Ice Arizona Montgomery WSFA* * 1440 kc . KAWT 1450 kc California Globe KWJR 1240 kc Phoenix KTAR 620 kc Prescott Safford KYCA KCIIU 1490 kc i 1 450 kc Tucson Yuma KVOA KYUM 1290 kc 1240 kc Bakersfield . .KERO 1230 kc Colorado Fresno Los Angeles KMJ KFI 580 kc 640 kc Sacramento KCRA 1340 kc San Francisco- _ Santa Barbara ^Denver.— . KPO KIST KOA 680 kc 1340 kc 850 kc Connecticut . Hartford WT1C* 1090 kc District of Columbia— Florida _. .. Washington.... Jacksonville __ . . ...WRC ..WJAX 980 kc 930 kc Georgia Miami WIOD 610 kc Orlando ...WORZ .... 740 kc Pensacola . . ..WCOA 1370 kc Tampa WFLA 970-620 kc Atlanta __ WSB 750 kc Idaho Augusta WTNT 1230 kc Savannah WSAV 1340 kc Boise ..KIDO* 1380 kc Illinois Chicago WMAQ .. .. .. 670 kc Indiana Peoria WEEK 1350 kc Elkhart .... WTRC 1340 kc Fort Wayne WGL 1450 kc Indianapolis WIRE* 1430 kc Terre Haute .WBOW 1230 kc Iowa ... .. Davenport woe* 1420 kc Des Moines - — .. .. ... ...WHO 1040 kc Kansas Hutchinson KWBW 1450 kc Wichita ... 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CATHOLIC HOUR STATIONS States, the District of Columbia, and Hawaii Billinas KGHL Bozeman ..KRBM 1 KGIR 1 KXLK Helena KXU Nebraska North Platte KODY 1 Omaha .wow Nevada... Reno KOH* New Hampshire Mnnrhester WFFA New Mexico Albuquerque KOR New York ...WBEN New York ..WNBC Schenectady WGY North Carolina Asheville .WISE* Charlotte ...wsoc Raleigh WPTF Winston-Salem WSJS North Dakota Bismark KFYR Fargo .WDAY Ohio Cleveland WTAM Lima Wl OK Toledo WSPD* Zanesville WHIZ Oklahoma Oklahoma City WKY* Tulsa — . KVOO Oregon Medford - KMFD Portland KGW* Pennsylvania Allentown ..WSAN Altoona WFBG Erie .WERC Johnstown WJAC 1 ewktown WMRF Philadelphia KYW Pittsburgh KDKA iR ending ... 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