Nicholas Fish to Nicholas Fish, September 16, 1876

No. 84. Mr. Nicholas Fish to Mr. Fish.

Sir: The law of which Mr. Davis transmitted the draft in his No. 106 became a law with so few changes from the bill as reported by the commission, that it was not considered worth while to furnish the Department with the text of the law. I should not transmit it now, were it not that it has been followed by a law concerning the right of the state’s supervision in the administration of property in the Catholic dioceses, which will go into effect on the 1st October.

In view of this later law I have the honor to inclose the text of the law concerning the management of property in Catholic parishes, with the election regulations therein mentioned, together with a translation of the same. I also annex a schedule of the alterations made in the draft of the law as published in Foreign Relations for 1875, pp. 543, et seq., upon its final enactment.

I have also the honor to inclose a copy and translation of the law of June 7, 1876, concerning the state’s supervision in the administration of property in Catholic dioceses.

I have, &c.

supplement.

Election-regulations accompanying the law concerning the management of property in Catholic parishes, of June 20, 1875.

Election regulations.

• Article 1. The vestry shall order the election of the church-heads and of the representatives of the congregation, prepare the list of qualified voters, and exhibit the same in some public place which is of free access to everybody.
• Public notice shall be given to the community of the time and place of exhibition, adding that after the expiration of the time of exhibition objection can no longer be made to the list. The vestry, in their judgment, may give public notice in other manners, in accordance, with local circumstances.
• Every member of the congregation who is a qualified voter may make objection.
• Article 2. The vestry shall decide the objections made and correct the list. The party excluded from the election by such decision shall have the right of appeal to the representatives of the congregation within the period of two weeks after notice, and, in case none such exists, to the diocesan authority. The latter is to decide in agreement with the government president. The impending election shall not be impeded by the appeal. At least two weeks must lie between the expiration of the time of appeal and the day of election.
• Article 3. The call for the election must contain the time and place of the election and the number of persons to be elected, and public notice of the same must be given to the community by posting. The vestry in their judgment may give public notice in other manners, in accordance with local circumstances.
• Article 4. The president of the vestry and four associates, whom the president selects from the eligible members of the community, shall form a directory of the elections.
• Article 5. The act of voting shall be managed by the president.
• Article 6. The right to vote shall be exercised in person by means of inclosed tickets, without signature, to be deposited in an election urn.
• Article 7. If on the first vote a majority is not attained for the number of persons requisite for the formation of the vestry or the representatives of the congregation, an election shall ensue from those who received the most votes. If the number of the same is more than twice the number of the persons to be elected as vestrymen or representatives of the congregation, so many of those who have received the least number of votes shall be dropped as will leave the number of the eligible persons equal to twice the number of the persons to be elected. Every case of tie shall be decided by lot.
• Article 8. After the president has declared the election closed, no vote shall be allowed to be cast.
• Article 9. The directory of the election decides the validity or invalidity of the ticket.
• Article 10. Minutes shall be kept of the act of voting which shall contain the essential parts of the proceeding. The same is to be signed by the president and at least two (2) members of the directory of election.
• Article 11. The election of the vestrymen must precede that of the representatives of the congregation.
• Article 12. The names of the persons elected shall be published to the community by posting. The vestry, in their judgment, may give public notice in other manners, in accordance with local circumstances.
• Article 13. Objections to the election must be made with the vestry within a period of two weeks, to be reckoned from the last day of posting, who decide upon them. Against a decision dismissing the appeal, an appeal lies to the diocesan authority within a period of two weeks from the time of notice, who, in agreement with the government president, shall render the decision.
• Article 14. The diocesan authority, in agreement with the government president, shall appoint the directory of election and the president of the same for the first election. The directory of the election takes upon itself the functions of the vestry. The same also applies to the case of a dissolution of the vestry.