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The Record Newspaper 26 June 1946

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OFFICIAL ORGAN OF THE ARCHDIOCESE OF PERTH.

ESTABLISHED 1874. 'PHONE B6950 450 Ha,: Street,

Registered at the G.P.O., Perth, for transmission by post as a newspaper. NO, 2,237.

PRICE THREEPENCE

PERTH, WEDNES DAY, JUNE 26, 1946.

Perth,

Pox A3.5,

,

Perth.

SEVENTY-THIRD YEAR

Bishop of Darwin Protests Against Property Seizure up here, it should be in used only for church, presbytery, and Sunday school hall. On the her. her favour, actual freehold, the Church has Some namely, institutions, a By imposing leasehold ten- all her ure on the Church, the State re- church, presbytery, convent school, duces her to humiliation and ser- and orphanage. By the new law vitude. But a humiliated and ser- the Church is deprived of this vile Church is no good to anyone. right of free exercise, and the She can only act properly in per- Government breaks the Constitution, which protects free exercise fect freedom. (10 There are only two States of religion. Another sign of the impairment in the world where the Church is Darwin Land Resumption Bill. lst.-It deprives the Church of denied the right to possess free- of the Church's rights is the fact By the "Darwin bands AcquisiThey are Russia that she is reduced to the imposher legitimate freehold prohold property. Rut in these States sibility of consecrating her sacred perty to which she has an aband Mexico, tion Act" of 16th. August, 1945, the Commonwealth Government solute right. might is right, and in them the buildings. To consecrate means resutmedt abpolutely 90 square Church considers herself in state to dedicate forever to the service 2nd.- -It denies the Church the of God a building, with the land of persecution. miles of land around Darwin, inright of acquiring freehold pro. But the Church (c) In every other nation of the it stands on. cluding all the freehold titles of perty, which is necessary to world, even in China and Japan, cannot dedicate to God a land this area. No more freehold title her as a perfect society, and to The as well as in other pagan coun- that is not her own, such as leasewill be granted to anyone. perferm her work with securonly title of land tenure will be a tries, the Church is given the right hold. ity and independence. (e) The Government urges that 99-year leasehold. to possess freehold property. AusLeasehold. of Offer Damage to Catholic Church by tralia, a free. democratic, and the Church has accepted leasehold leasehold offered is Church The Canberra and functions satisin this Bill. Christian country, is in duty and But I deny that CanCatholic property under the pretext that By this Bill, the dignity bound not to act below factorily. berra is a precedent in the case of Church of Darwin is deprived of she can function as well under the standard of those countries. all her freehold property, and she leasetiold as under freehold. (dl Besides these considerations Darwin. In Canberra the Church But the point is not a matter is denied the faculty to acquire which go to establish the right of did not have any property of MOST REV. F. X. GSELL. the Church to possess freehold which the Government of the day any other freehold property in- of function, it is a matter of right. U.B.E.M.S.C., stead. land, there are solid arguments dispossessed it, whereas in DarThe Church can function anyDarwin. of Bishop The Catholic Church owns in where, even in the catacombs and which go to prove that the Gov- win the Church was dispossessed the of 4} acres or freehold. ernment in dispossessing Darwin nine half -acre blocks of in the jungle, but she cannot upAbolition of Bishopric. Besides, the Church built in freehold property for Church pur- hold her dignity and 'independChurch of Darwin of its freehold Bill the I.and Resumption Since Leasehold leasehold. poses. The new Bill deprives her ence in land, acted beyond its powers. Canberra is not consecrated, and to acthe right the Church denies suddenly of this property. means subjection, freehold means The Government, of course, claims will never be consecrated so long quire freehold property, it follows independence, and the Church power in the State. We as it stands on mere leasehold. Protest. that the diocese of Darwin will supreme (f) Finally, the Bill of resumpAs Bishop of Darwin, and in cannot give up her independence Christians accept that claim under But no never have a cathedral. certain The Lord, tion of the freehold land in Darthe name of the Catholic Church, at any price and under any cir. restrictions. and cathedral means no Bishop, our Supreme Legislator, decreed win provides that the GovernI raise a most solemn protest cumstances. no Bishop means no Bishopric; against this way of dealing, which Alienation of Church Property. that we must render to God things ment shall compensate the ownecs diocese of Darwin thus the and at pre-war rate. But the postis unjust towards the Church and The Supreme owner of Church will be abolished. and it will be that are God's, and to Caesar the most damaging to her work and property is the Holy Father the ruled by an administrator aposto- things that are Caesars. This in- war rates are at least six times higher than the pre-war ones, and independence. Pope. and he alone can alienate lic like a mission land. This is cludes the law that the Church thus, with the money of compenshall not interfere with the rights Independence of Catholic Church. Church property. does Darwin which degradation of the State, and that the State sation, the Church shall be absoThe Catholic Church claims to The Bishop of the diocese is not deserve, It would be a slur shall not interfere with the rights lutely unable to rebuild the buildbe, by Divine Right, a perfect sotown ever only 'Australian administraon the and the manager only ciety. She is ruled supremely and First restriction: ings taken away with the land. of the Church. and he destroyed by the enemy.. independently by the Holy See tor of Church property, The second restriction can be The consequence will be the alconproperty this alienate cannot Exchange of Property. through its actual occupant, the stated in these words: Nobody, in- most complete annihilation of the his care without special The State claims the right to dividual or State, can break its Church of Darwin. Holy Father the Pope, supreme fided to permission of the Holy Father. As Bishop of Darwin it is my resume the 'Darwin freehold pro- word of honour without dishonHead of the Church. The Holy See may grant a Bis- perty in order to improve the our. Now. by dispossessing the duty to protest in the name of the The Church is independent from Church pro- town planning scheme. if the Church of Darwin of its rightful members of our Church, who for the State. She claims to be uni- hop license to alienate a serious and actual Church property is reversal, international, and the part- perty when there is possession, the State has broken many years, and at the cost of the in But it. quired for this purpose, the Church its word of honour under two many sacrifices, have raised these ner and co-operator with all States urgent reason for alienathe viz., is not opposed to a fair deal, heads: buildings. to the service of God. and Nations, but subject to none. case of Darwin, pro- Since there is not actually any conThe land resumption Bill ig- tion of the whole freehold 4. F. X. GSELL, M.S.C., 1st.-The title deeds of freehold is it Darwin, See of of the perty secrated ground on that property, nores this high status of the these land include in Darwin Bishop of Darwin. extraordinaly and preposterous so the Church might be willing to exChurch, and treats her as a mere that the Bishop will never be change it for another site of the words, "to hold unto the said ..." subject. granted the license to accomplish same value, that is to say, for free- (purchaser, "heirs and assignees STAN O'BRIEN, The Church defines her status it. The case has to be treated hold property in another conveni- forever in testimony whereof I, in several articles of her Canon- between the Church and the State the said Governor, have hereunto freehold place. for her, ent But Law. through diplomatic channels or by will never be compensated by set my hand and public seal," PERTH Canon Law Defining Rights of concordat. These words mean, without doubt, leasehold. Church. a solemn promise, a word of honhas Darwin B 4281. Bishop of Phone: Since the Church Activities Penalised by our that cannot be broken. "The Catholic 1496: Canon By his 8UL Church and the Apostolic See no ,permission to alienate all resuming the Church's freehold will be TheiLand Resumption Bill has property in Darwin, the Governhave by their very nature the ecclesiastical property, he rig'it freely and independently of :ompelled to refuse to accept pay- another damaging consequence ment has turned this solemn prothe for compensation or ment for the Church. the civil powers. to acquire, remise into a scrap of paper. administer temporal seizure of this property, as this All over 'Australia, in every. tain and 2nd.-The Commonwealth Conconsent the tranmean in would the every diocese, and in State of their goods for the prosecation stitution. in section 116, provides, be his duty it will and saction: such institutions, as Church proper purposes.' "The Commonwealth shall not remain on the property until or- Church building's, schools, orphan- make any law for establishing any Canon 1180: "The sacred places are exempt from the jurisdiction lered off by the Holy See or for ages, hospitals, and any other religion, or for imposing any reliby the Govern- charitable institutions are free of of the civil authorities, and in ably gious observance, or for prohibitrates and taxes. authority ment. them the legitimate ing the free exercise of any reliQuestion of Cathedral. freely exercises its jurisdiction," In Darwin, through the Land gion." By dispossessing the Being the Bishop of Darwin, it Resumption Bill, such institutions Church of Darwin of its freehold Canon 1532: "The legitimate superior of the ecclesiastical goods is my duty to erect a cathedral as are subject to payment of yearly property, the Government actuis the Apostolic See," siz., the Ro- the centre of the episcopal See. rents, of which Church institu- ally impairs the rights of the But a cathedral requires security tions in other States are free. man Pontiff. Church, and prohibits to a certain Ut PERTH Darwin Church institutions are extent the free exercise of reliCanon 1630: "Alienation of ec- and permanence of tenure. This clesiastical goods without permis- can only be achieved by freehold therefore singled out for special gion. Leasehold tenure is less John fllioll mar. can treatment, which is most unfair, secure than freehold. This alone No cathedral sion of the Supreme Authority is property. ever be erected on leasehold pro- considering that the life and impairs the freedom of invalid." the Ex-fliarisi Bros: perty. A cathedral, besides, must work in the tropics are far more Church. Attack Against Church Rights. Sludeni but no atconsecrated, solefnly be exacting than in the Southern The Land Resumption Bill Besides, the new law offers the Tel. B 7988 which in be consecrated can building there of the Church States; and if is any special tacks the right Church perpetual leasehold on Is situated on leasehold only. treatment at all for the Church conditions that the leasehold be a double way.

activities not against VIOLATION OF CHURCH'S RIGHTS comments: I

Catholic Activities Penalised By Government Bill

COURT HOTEL,

ELLIOTT ELLIOTT

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