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the moment of the inventories must have to every kind of vexatious interference, found an echo on the other side of the all the more to be dreaded as we shall occan. According to them, the Church almost always be in opposition to one or should simply take no notice of the law other of the exacting conditions of the and continue to act exactly as if it did network of the French legislation. not exist. On the contrary, the more In spite of all these inconveniences we enlightened Catholics and the majority of would renounce all thought of the assothe bishops think that whatever be the ciations cultuelles if they were schismatic faults of the law, it is imprudent, unrea- in character or incompatible with the sonable, and even impossible to ignore it essential discipline of the Church, as the altogether. We hope and believe that this partisans of the resistance pretend; we opinion may triumph and we will pro- are no more disposed than they to sacriceed to explain why.

fice doctrine and principles for the sake The so-called “resistance” would not of material advantages. But we foresee abolish or change the law; it would only much more danger to discipline and to succeed in aggravating the evils already unity in the case when, for the want of grave enough, and diminishing and associations cultuelles, we necessarily retarding any advantages that we may shall be obliged to depend on the good reasonably hope from it. The recent elec- will and generosity of private individuals. tions have plainly shown that the mass Worship ceasing to be public would of the people is not averse to the separa- assume an aristocratic and privileged tion, and the very centers where the dis- character; and the Church would belong turbances in connection with the invento- to the rich in whose homes one would go ries took place were those that voted the to celebrate the religious offices. On the worst. Thus, if one could still cherish contrary the association cultuelle is presome illusions some months ago, to do so served from the danger of schism, first, by now would be folly. There is nothing the right left to the committees to themleft for us but to consider the law as it selves enact whatever by-laws they wish, exists; and without approving of it, we the text of which may be determined by are obliged to reckon with it.

the bishops; second, by Article 4 of the estab'ish the associations cultuelles, they law, according to which the use of the will receive that part of the Church's churches and property now left to religproperty which is not yet confiscated by ious bodies would lapse to those associathe law and whose total, if we include tions which would be legally formed “in every diocese and parish, reaches perhaps compliance with the rules for the organia capital of a hundred million dollars. zation of that form of worship whose They will have free use of the churches exercise they propose to secure. subject to the charge of keeping them in Several jurists have practically shown repair. They can receive subscriptions, how, under the new régime, parishes and pew rents, the fees for certain ceremonies, dioceses can be reconstituted both in and even endowments for certain offices. accordance with the civil law and yet conAged priests will receive a small pension formed to all the exigencies of Catholic from the State, and finally religious wor- discipline. We know only too well that ship will be public as in the past.

they will have very little freedom, but, If we refuse to constitute these associa apart from the fact that they were not tions cultuelles, all property without ex- more free under the Concordat, we have ception will be confiscated by the State, not the choice between a perfect and an and in the future we can never legally imperfect régime; we have on the one acquire any. The churches will no longer hand, to face a cramped and narrow mode be ours and the State will take them over of existence, and on the other, an absoas it likes, without any delay in the dis- lute impossibility of existing at all; we tricts where irreligion flourishes and by prefer an unquiet life to death. degrees in the others; and all this with

III. out exciting any serious revolt. We shall no longer be able to have any public wor- The Advantages to the Church in Separation ship; and the private ceremonies to In spite of all that has been said, one which we shall be reduced will be subject would have a false idea of the sentiments

If we

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with which the separation law inspires interests which were in continual need us, if they were simply resumed, in the of support from the civil powers, they fact of our deploring its injustice while saw themselves forced to use great preresigning ourselves to it, as to a lesser caution and prudence in their relations evil, because powerless to do otherwise. with the government and at times were The separation has its good points, which obliged to make those half concessions largely compensate for its faults. Its which, without endangering any essential chief advantage is to give back to the rights, still provoked the easily roused Church the liberty of naming all its min- and intemperate anger of the zealots, the isters, from its curés to its bishops, with brawlers and the politicians. Between out any intervention of the public powers. the governmental hostility on the left, and And this liberty is all the more precious the fanaticism of certain Catholics on the because for long centuries it was abol- right, the administration of a diocese ished in our country, to the great detri- became a most painful and onerous task. ment of religious life. Before the French The new law does not concern itself in Revolution, the king, the nobles and the any way with ecclesiastical appointments. abbés of the court appointed the greater Happy in the enjoyment of such liberty, number of the curés ; few only the bishops have at once profited by it. depended on the bishops, and the Arch- They have in the seven months which bishop of Lyons, for instance, did not dis- have just elapsed, filled up the posts which pose of a quarter of the nominations, had suffered by being so long vacant;

It is true the Concordat of Napoleon in they have nominated to important offices Article 10 gave back to the bishops the excellent priests, whom the ostracism of right of nominating the curés, but it the government had excluded for many added: “their choice may only fall on years. Of one point we can be certain, persons acceptable to the government.” not one of them regrets the former state It is easy to understand the gravity of of things, and when they have enjoyed this restriction, and what conditions had such an important liberty for a still to be fulfilled, especially of late years, in longer time, it is not likely they will ever order to be agreeable to the government. consent to give it up, even if the impos

Honestly speaking, it was oftenest a sible should occur, and the government moral impossibility for the bishops to desired to make a new Concordat. name to any important offices those per- The law of 1905 does not interfere in sons whom they considered the most capa- the choice of the bishops any more than ble of filling them. The latter, in order it does in the choice of the rectors; it to be accepted, must not be opposed by does not even allude to it. And this is a the deputy, the prefect, the mayor, the great and auspicious novelty in the life ancient of the Masonic lodge, the saloon- of the Church of France. It is true the keeper nor any other influential elector. canonical institution of bishops was left The obstacle to their acceptance did not to the Pope, because in the Catholic so much proceed from their deficiencies Church it is an essential principle, an nor from their intrusion, real or imagi. inalienable right; but their nomination, nary, into the domain of politics, as from under the Concordat of Francois I. and their success in their parochial works, also under that of Napoleon, was left to their pastoral zeal, the successful mission the head of the State. Thus at one blow they had preached, or the school and vanishes the servitude of five centuries. patronage which they had established and How the Catholic Church of France supported. Things had come to such a will henceforth make use of the perfect pass, that in certain cases the bishops, not liberty left her in the choice of her bishto lose their time in useless procedure, ops, is not yet determined, at least in any would spontaneously eliminate the most public or authentic text. However, the worthy candidate, and present in succes- mode of nomination is beginning to take sion two, three or four others, each time shape in the form of what is called the descending one degree in the scale of “recommendation." Under this system, merit.

in vogue to-day in every country in which In order to get these nominations ac- the English tongue is spoken: Ireland, cepted and also to serve other religious England, Scotland, Australia, Canada and the United States, and which appears and adaptability. We have need of union. to produce the best results, the clergy of The two lists would give it more comthe vacant diocese and the bishops of the pletely, the clergy of the diocese would be province each make a list, not necessarily already attached to the bishop of its similar, to be submitted to Rome. The choice; the bishops of the provinces likePope knows that the first name on the wise would be in sympathy with the collist is that of the candidate preferred, and leagues accepted by them. At least we he generally chooses him, without, how- are already sure of this second benefit, ever, renouncing the right, which he and thereby of having henceforth a sometimes uses, of taking the second or united episcopacy, a Church of France. third candidate, or even nominating one And the idea of this union leads us to not on the list.

insist on another advantage of the separaAt the end of February, when Rome tion, which can not fail at the present nominated fourteen of our bishops at one time to strike even the most prejudiced time, we know that her choice was minds. I mean the liberty of episcopal directed by lists; but by lists drawn up councils. When the prelates assembled by bishops only; by the bishops of the at the archbishop's palace in Paris, some provinces in which the vacant see was few weeks ago, it was the first time for situated, and by the bishops of the neigh- a hundred and twenty years that we saw boring provinces. The clergy were not the heads of our Church conferring in consulted. Will they still continue to be concert about our gravest interests. ignored ? Many suppose so, but without This reconstruction of the Church of any sure grounds; and as far as one may France is well worth the loss of the budget express an opinion on the subject, there for public worship; it will even comwould be good reason to regret it: in fact pensate and make amends for the spoliathe diocese interested would be the only tion and injustice of the Law of 1905. It one that could exercise no influence in is for this reason that the separation law, the choice of its head, whilst on the other imperfect as it is, which has been forced hand a body which recruits its members on us, inspires us upon the whole with itself offers less chance of renewed vigor more hope than fear.

PROSECUTING THE ICE MEN

AN ACCOUNT OF THE GENERAL MOVEMENT AGAINST COMBINATIONS
OF ICE DEALERS AND OF ITS FAR-REACHING CONSEQUENCES IN AN
ATTACK UPON THE CONSTITUTIONALITY OF ANTI-TRUST LEGISLATION

BY

STERLING BEESON

HE anti-trust agitation laws in almost every city of prominence

which swept over the east of the Rockies.
country when the inves- An investigation of the ice trade in the
tigation of Standard United States to-day reveals conditions
Oil was commenced has which point strongly to a mammoth ice
seemingly detected in trust-an interstate combine, and the
the general advance of threshing of the harvest of evidence now
ice prices evidences of being gathered against ice dealers in al-
a conspiracy in re-

most every corner of the Union will bring straint of trade, and the summer just out some startling facts concerning the passed has witnessed the prosecution of unprecedented action of ice dealers generice dealers under the various anti-trust ally in raising prices last spring.

[graphic]

The ice men defend their position with the months of April, May, June and even the contention that last winter was a poor as late as July. Statistics gathered since winter for the natural ice crop and that the trouble commenced show an advance an ice famine did exist in the ice fields of of from twenty to forty per cent in ice the Great Lakes basin. To this they add prices in almost every town between the an alleged increase in the cost of labor Atlantic coast and Kansas City. Even and a general advance in operating ex- Washington was not immune from the penses.

contagion and is now in the throes of an The public as represented by the vari- investigation of an alleged ice trust which ous officials now engaged in an investi- sprang into life within the very shadow gation of alleged ice trusts declares that of the White House. Prices of ice inthe alleged ice famine is a creature of creased in Philadelphia and Pittsburg the imagination, that climatic conditions the same day, July 11, the increase being in the natural ice making regions are practically the same in both cities. About never such as to justify the increase of a month before that time prices rose in prices which marked the opening of the Norwalk, Connecticut, Chicago, Milwau1906 season. They contend, admitting kee, Cleveland, Cincinnati and west as far the increased cost of labor and the in- as Omaha and Kansas City. crease of operating expenses, that the ice Thus far the ice men have been condealers were not justified in fixing ice victed in Toledo and acquitted in Clevequotations where they did.

land. The prosecutions in other cities The prosecutions are based upon the have been interrupted by the traditional alleged fact that all the ice dealers got summer adjournment of courts or have together and agreed upon the prices at been delayed by the slow process of the which ice was tr be sold to a certain com- law. In Toledo workhouse sentences were munity and that competition was stifled imposed and the ice dealers spent almost by such action.

two weeks in the county jail awaiting This is borne out by the fact that nat- commitment to the workhouse, but beural and artificial ice have sold at prac- fore the commitment papers were made tically the same figure in every city where out by the County Clerk the execution of both kinds of ice are sold. In Toledo, the sentence passed upon the ice men was Ohio, and in many other cities the arti- suspended by an order of the circuit court ficial ice dealers whose manufactured and the Toledo ice men are now at liberty product could not cost very much more pending a resumption of proceedings in than in previous years maintained iden- circuit court this fall. tically the same schedule of prices quoted Toledo is getting ice cheaper now than by the natural ice dealers, and one kind any of the other cities in which an ice of ice was frequently distributed from trust is being prosecuted. A new concern, the wagons of dealers in the other kind. the Citizens' Ice Company, is underselling

Toledo, Ohio, a distributing point for the trust concerns in Toledo and is in the ice harvested in the great ice fields of a great measure restoring competition. Michigan and the home of several large From thirty cents per one hundred ice manufacturing plants, seems to have pounds in Toledo, prices range to sixty made the pace. Ice prices in Toledo were per hundred in Yonkers, New York. doubled early last March and a grand The character of the general advance in jury investigation of the alleged Toledo prices has given rise to a suspicion in ice trust was started by Prosecuting At- many quarters that it is a national affair, torney Wachenheimer, of Lucas County, and some prosecutors do not hesitate to Ohio, in that same month. Five Toledo express a belief that a national ice trust ice concerns and their officers were in- is

is in existence. Prosecutor Wachendicted.

heimer, of Toledo, who has followed the As soon as the attention of the country situation carefully, expresses himself inwas attracted to Toledo and her battle terestingly upon this phase of the conwith the ice dealers, reports of investiga- troversy. tions began to come in from other cities I do not think that the increase in the and prices appear to have increased over price of ice throughout the country is a large part of the United States during evidence of a national ice trust,” he says. My opinion is that the advance in prices ing ice plant of their own; Ashtabula, is the general exercise of a greed prompted Ohio, indictment resulted in dissolution of by the dealers who took the initiative. In City Ice Delivery Company; Austin, most cases a local trust exists, but it is Texas, city council considering legislation impossible now to find evidence that fixing maximum price of ice per one hunthe trusts of various towns are directly dred pounds at thirty cents; Schenecrelated to each other however much their tady, New York, investigation of alleged relationship may be suspected.” Wach- ice combine by committee of council; enheimer sees in the almost vicious hos- Hartford, Connecticut, petitions to revoke tility of public sentiment against the ice charters; Columbus, Ohio, indictments redealers the exercise of a spirit that may turned against dealers; Newark, Ohio, develop into socialism of the rankest char- indictments returned; Troy, New York, acter unless placated. I feel that the prosecuting attorney investigating. In law should be enforced against the ice numerous other cities the agitation against men" says Wachenheimer, “because in alleged ice trusts has taken no definite this as in other instances the people look form as yet, but a struggle between the to the courts for relief and if they do not authorities and the ice dealers is immifind it there very acute and alarming con- nent. ditions may arise and the very interests The present status of the fight between now fighting the operation of the law will Lyman W. Wachenheimer and the Tostand the most in need of its protection." ledo ice trust rages around points of law

The various methods adopted by the which have absolutely nothing to do with public to get relief from the alleged ini- the original question involved. In the quitous practices of the ice dealers form present controversy in the courts the unan interesting study in present-day indus- usual and remarkable spectacle is aftrial politics. The following comparison forded in which men who have confessed of proceedings in various cities prominent their guilt in open court, knowing the in the ice war will afford an idea of the penalty provided for the crimes they adtacties of the people in their campaign mit as their own, seek to escape the penagainst the alleged trusts: Baltimore, alty provided by law for the crime they Maryland, dealers indicted; Toledo, Ohio, have committed. dealers convicted and out on bond pend- Why men should plead guilty to a ing a hearing in superior courts; Wash- crime to escape the statutory penalty for ington, dealers indicted charged with a that crime is not apparent to the ordiconspiracy to increase the price of ice; nary observer, but the history of the To. Indianapolis, grand jury investigation of ledo ice trust prosecution reveals the reaalleged ice combine; Jacksonville, Flor- son and indicates clearly the attitude of ida, one ice man goes to jail in order to capital toward the court in some intest the law under which dealers were in- stances. dicted by a hearing in habeas corpus; After one Toledo ice man was found Cleveland, Ohio, dealers indicted and ac- guilty by a jury, four others came in and quitted by a jury; Detroit, an investiga- withdrew their pleas of not guilty and tion preliminary to grand jury action; entered pleas of guilty.

The cases St. Louis, Missouri, state to annul char against the other indicted men were nolters and collect penalties from dealers lied, as the state had no evidence that eharged with conspiring to fix ice prices; they were directly connected with the Kansas City, petitions filed to revoke trust, and the criminal cases against the charters of alleged members of ice trust; companies will be nollied and suits Yonkers, New York, movement to furnish brought to oust them from their corpocitizens municipal ice at cost; Cincinnati, rate franchises. The Valentine law under Ohio, dealers indicted under Valentine which the prosecutions were conducted law; Mt. Vernon, New York, mayor plans was passed by the general assembly of to organize a company to manufacture ice Ohio in 1898 and prohibits a conspiracy and compete with alleged trust; Phila- in restraint of trade and commerce. The delphia, officers of alleged ice combine real object of the law is to preserve comsubpoenaed to appear before grand jury; petition. The five Toledo ice men, having Great Neck, Long Island, residents build- stood before the court either proven or

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