Friday, June 2b, 1964. THE PROGRESS--3
Official 1 High Court Split in New Obscenity Ruling
Peter's Pence Collection
Pastors and others concerned are reminded that
"i the Peter's Pence Collection is to be taken up at all
r
Masses Sunday, June 28, in accordance with the
Official that appeared in the Catholic Northwest
Progress of June 19.
The proceeds of the collection are to be for-
warded to The Chancery without delay.
Nocturnal Devotions
The Reverend Pastors of King and Pierce
Counties are requested to announce at all Masses
Sunday, June 28, the hours of adoration suggested for
their respective parishes for the "First Saturday"
Vigil at St. James Cathedral, Seattle, and St. Patrick's
Church, Tacoma, during the night of July 3-4.
Episcopal Functions And
Appointments
All requests for episcopal functions and appoint-
ments, that is, confirmation, dedications, jubilees,
etc., in churches, institutions and for lay organiza-
tions during the period JULY-DECEMBER, ]964,
should be made in writing to The Chancery, 907 Ter-
ry Avenue, Seattle 98104, before July 1, 1964.
THE CHANCERY
By Order of the Most Reverend Archbishop
June 26, 1964.
Requiem Mass Sung
For Father O'Larey
In 1953 he received his first
pastorate at St. Cecilia
Church, Winslow, and in 1955
he was named pastor of St.
Plus.
Survivors include a sister,
Margaret O'L a r ey, Oakland,
and three brothers, Donald,
Oakland; John, Tacoma, and
Joseph O'Larey, Spokane. Hoff-
ner's Fisher-Kalfus Funeral
Home handled the arrange-
ments.
(Continued From Page 1)
seph P. Dougherty, Bishop of
Yakima. His chaplains were
Rev. Anthony Paimasani and
Rev. John P. Donohoe. The
Rev. Donald Conger preached
the sermon.
Pallbearers were Revs. John
P. McManus, S.S.; John Mc-
Corkle, S.S.; Frederick Chud-
zinski, S.S.; Thomas Pitsch,
John A. Walsh and Thomas
Delahunty.
Final absolution was given
by Archbishop Connolly.
Burial
was at Calvary Cemetery, Se-
attle.
Father O'Larey had been
pastor at St. Plus since June
22, 1955.
A native of Leavenworth,
Father was educated in Wen-
atchee schools until he entered
St. Edward Seminary in 1934.
He was ordained in St.
) James Cathedral in 1945 by
the Most Reverend Bishop
Gerald Shaughnessy, S.M.,
and received his first appoint-
ment as curate to the Church
of the Immaculate in Seattle.
Following this he served at
Holy Family Church, Auburn,
returning to Immaculate a
year later.
In 1947 Father O'Larey was
;' assigned to Christ the King
Church, Seattle where he served
six years.
WASHINGTON -- The
U.S. Supreme Court's lat-
est action on obscenity
and censorship appears to
bring these' controversial
problems no closer to solution
than before.
The Supreme Court, revers-
ing bans June 22 against a con-
troversial movie and a number
of paperback books, demon-
strated only that it shares the
doubts of the country at large
about what obscenity is and
what society can do about it.
In a bewildering downpour of
opinions--10 in all--on the last
day of their 1963-'64 term, the
nine justices showed themselves
sharply divided on the issues.
Several said they consider it
proper for the Supreme Court
to try to decide the question of
obscenity in particular cases;
several said they would leave
the problem to state and lower
Federal courts; one said he re-
gards only "hard core" por-
nography as illegal; and two
said they think no form of ex-
pression can constitutionally be
banned.
A symptom of the justices'
profound disagreement was
the fact that in neither case
was there a majority opinion.
A majority of justices agreed
, in each instance on the over
all result, but they could not
come to terms on their rea-
sons. And, in their various
opinions, concurring opinions,
and dissents, they traded
blows briskly on the issues
involved.
The two cases came from
Ohio and Kansas. In the Ohio
case, Nico Jacobellis, manager
of a movie theater in Cleveland
Heights, had been fined $2,500 "
for possessing and showing the
French movie "The Lovers."
The Ohio Supreme Court had
upheld his conviction.
In the Kansas case, Harold
and Robert Thompson and their
P-K News Service of Junction
City were protesting a court
order directing destruction of
1,715 paperback copies of 31
novels seized by authorities.
The Kansas Supreme C o u r t
had ruled against the Thomp-
SONS.
The Supreme Court's judg-
ment in both cases was an-
nounced by Justice William $.
Brennan, who also wrote the
longest affirmative opinion in
each case. The justices noted
that they had viewed "The
Lovers" before rendering their
opinion in Jacobellis' appeal.
In "The Lovers" ease, the
vote for reversal was 6-3,
while on the Thompsons' ap-
peal it was 7-2. Justices John
M. Harlan and Tom C. Clark
dissented in both eases, while
Chief Justice Earl Warren
dissented on the Ohio ease
only.
At the same time it was hand-
ing down opinions in these two
cases, the court also acted on
five other cases involving al-
leged obscenity and censorship
by brief orders.
By identical margins of 5-4 it
summarily reversed F 1 o r i d a
court rulings upholding bans on
the controversial Henry Miller
novel "Tropic of Cancer" and
another book called "Pleasure
Was My Business." The action
by the court on "Tropic of
Cancer" indicates an eventual
green light for distribution of
the much-debated book in the
s e v e r a 1 states where courts
have so far upheld bans on it.
Without comment the high
court agreed to consider a chal-
lenge to Maryland's film licens-
ing law which requires that
movies be submitted to a state
board of censors for approval
before being shown publicly.
The high court directed that
the case be argued during its
1964:65 term.
The court refused "for want
of a substantial Federal ques-
tion" to consider a challenge
to a New Jersey law strength-
ening that state's ban on tie-in
sales of books and magazines.
The law requires publication
distributors to pick up un-
wanted publications from re-
tailers within two days or face
possible fines or jail sentences.
It had been challenged as a
form of "prior restraint" on
the distribution of literature by
the Hudson County News Corn-
pony, the state's largest whole-
sale distributor of newspapers,
books and magazines.
The Supreme Court also de-
clined to review the convic-
tion of Harry Fried, a New
York bookseller, for selling
an allegedly obscene book
and photographs.
Justice Brennan, in his opin-
ion on "The Lovers," in which
he was joined by Justice Arthur
Goldberg, strongly reaffirmed
his commitment to the test of
obscenity which he laid down
in his landmark of 1957 Roth-
Alberts ruling. There he defined
the legal test of obscenity this
way:
"Whether to the average
person, applying contempo-
rary community standards,
the dominant theme of the
material taken as a whole
appeals to prurient interest."
This definition, he conceded,
is "not perfect (but) any sub-
stitute would raise equally dif-
ficult problems."
He emphasized the earlier
decision's declaration that ob-
scenity is excluded from the
constitutional protection of free
speech only "because it is 'ut-
terly without redeeming social
importance'" and that the
mere "portrayal" of sex is not
enough to classify material as
obscene.
"It follows that material deal-
ing with sex in a manner that
advocates ideas.., or that has
literary or scientific or artistic
value or any other form of so-
cial importance, may not be
branded as obscenity and de-
nied the constitutional protec-
tion," he said.
He also declared that the
test of "contemporary commu-
nity standards" does not mean
that the question of obscenity
can be decided by each local
community where the problem
arises, but rather that the
standard varies "from time to
time," not place to place.
Acknowledging t h e legiti-
mate concern of eommunities
with protecting young people
from objectionable material,
he said this aim might be
"better served by laws aimed
specifically at preventing dis-
tribution of objectionable ma-
terial to ehildren, rather than
at totally prohibiting its dis-
semination."
Justice Potter Stewart in a
concurring opinion said he has
reached the conclusion that un-
der the First and Fourteenth
Amendments "criminal laws in
this area are constitutionally
limited to hard-core pornog-
raphy.
Justice Goldberg in a brief
concurring opinion said "The
Lovers" contains only one love
scene "deemed objectionable"
and this is "so fragmentary
and fleeting that only a cen-
sor's alert would make an audi-
ence conscious that something
'questionable' is b e i n g por-
trayed."
Justices Hugo Black and Wil-
liam O. Douglas repeated their
longstanding position that any
conviction of exhibiting a mo-
tion picture is unconstitutional
abridgement of freedom of the
press.
Chief Justice W a r r e n was
joined in his dissenting opinion
by Justice Clark. Like Justice
Brennan, the Chief Justice ac-
cepted the Roth-Alberts ob-
scenity test--but he made it
plain that he interprets it in a
significantly different manner.
Specifically, he said: "It is
my belief that when the court
said in Roth that obscenity
is to be defined by reference
to 'community standards,' it
meant community standards
--not a national standard, as
is sometimes argued. I be-
lieve that there is no prov-
able 'national standard,' and
perhaps there should be
none."
The Chief Justice said he
would leave the determination
of obscenity to the appropriate
state and Federal courts, with
the Supreme Court limiting it-
self to "a consideration only
of whether there is sufficient
evidence in the record upon
which a finding of obscenity
could be made."
Justice Harlan made a sim-
ilar point in his separate dis-
sent. "The more I see of these
obscenity cases," he said, "the
more convinced I become that
in permitting the states wide,
the public interest against the
rights of free expression.
Justice Brennan was joined
in his opinion in the Kansas
case by Chief Justice Warren,
Justice Byron White and Jus-
tice Goldberg.
He gave no opinion on the
alleged obscenity of the books
taken from the Thompsons'
newsstand, but instead con-
fined himself to a finding that
the procedures followed in is-
suing the warrant for the seiz-
ure of the books and authoriz-
ing their impounding pending
hearing were unconstitutional.
This was so, he said, because
the procedures "did not ade-
quately safeguard against the
s u p p r e s s i o n of nonobscene
books."
Justice Stewart, concurring,
said he thought the procedures
would have been constitutional
if the books had been hard-core
pornography. He held, however.
that they were not.
Justice Black and Douglas
s'aid again that they think the
First and Fourteenth Amend-
ments bar any slate action
"abridging the freedom of
spech, or of the press."
Justice Harlan was joined
in his dissent by Justice
Clark. He said it was "quite
plain that these so-called
'novels' have 'been reason-
ably found in state judicial
procedings to treat with sex
in a fundamentally offensive
manner' and that the state's
criteria for judging their
obscenity are rational."
He also criticized Justice
Brennan's attack on the pro-
cedures followed by Kansas in
seizing the books, saying it
"serves unnecessarily to handi-
but not Federally unrestricted, cap the states in their efforts
scope in this field, lies the -to curb the dissemination of
best promise" for balancing, obscene material."
Radio Report Kennedy Monastic Profe ssions Set Proaress i_.n Business..."
On Pope Paul Acknowledged Light Wine Punch
BIRMINGHAM, E n g la n d OLYMPIA--Eight mon- Three clerical novices will 1991. Brother Romuald is in
Monday Night (NC) -- Mrs. John F. Kenne- a stic orofessions will be simply professed at the charge of the print shop at
dy has sent a picture of the _ .." _ . Mass. Frater Bryce (Joseph) St. Martin's. His parents are Popular Beverage
"The First Year of Pope Paul late President to Rev. Leo mark me ooservance or Partington, O.S.B., was vale- Mr. and Mrs. Donald Laver-
VI," an appraisal of the Pope Rowlands, O.F.M.Cap., who the Solemnity of St. Benedict dlctorian of the St. Martin's diere, Spokane.
in the words of several of the
men who know him well, will
be broadcast on Monday night,
June 29, eve of the first anni-
versary of his coronation on
KIRO-Radio at 8:30 p.m.
It will be a CBS News Spe-
cial Report with CBS news
correspondent D o u g la s Ed-
wards as anchor man.
A highlight of the program
will be an interview of Augus-
tin Cardinal Ben, S.J. who
heads the Vatican Secretar.iat
for the Promotion of Christian
Unity.
wrote a short musical piece
in memory of her husband.
Father Rowlands, of the Ca-
puchin friary here, sent the
piece -- entitled "Saraband
to a Dead Hero" -- to a
friend in the United States
who passed it on to Mrs. Ken-
nedy.
The Franciscan served in the
United States for 18 years. He
founded the Catholic Choral So-
ciety at Providence, R.I. Re-
cently he wrote a ballet called
"St. Francis Assisi" which
has been performed in Ireland.
Rites Commemorate Visit
JERUSALEM, Israel--
Rites commemorating the
Visitation of the Blessed
Virgin to her cousin Eliz-
abeth will be observed on
the feastday, July 2, at the
small village known as Ain
Karim, five miles southwest of
here.
Even today, the winding road
that the pilgrim travels vivid-
ly recalls the Gospel's refer-
once to the "hill country," that
surrounds the valley which is
the birthplace of St. John the
Baptist.
The Church of the Visitation
is situated on one of the hill-
sides. It is still a small "labor
of love" to get there for it
must be done on foot. The
climb has Us rewards, howev-
er, for the scenic view of the
terraced olive and fruit trees
is captivating.
Across the small valley can
be seen the Convent of the
Sisters of Sion and its spacious
grounds. The founder of this
sisterhood, F a t h e r Maria Al-
phonse Ratisbonne, is buried in
the convent cemetery.
Passing through the ornate
grill one enters a courtyard
and immediately his attention
is drawn to a mosaic in the ex-
terior wall of the Church. It
shows Our Lady seated upon
a donkey and being conducted
on her journey by angels, and
is one of the most beautiful
mosaics in the Holy Land. To
the right a boundary wall con-
tains some 40 plaques on
which are written the Magnif-
icat in different languages. At
) its base a flower bed serves as
constant reverence by mankind
of Mary's words.
Almost all pilgrims take the
opportunity to quench their
thirst at a spring which is fed
by a small mountain stream.
The church is built upon
and includes the remains of
earlier churches. It was com-
pleted as recently as 1955.
Q
VISITATION COMMEMORATED HERE ON FEAST DAY.
The joyful spirit of the Visita-
tion is represented in the dee-
orations, especially the large
frescoes' depicting Mary un-
der various titles.
Attendance at the ceremonies
commemorating the feast is
generally limited to priests,
Sisters and school children
who come from Jerusalem be-
cause the 300 or so Chris-
tians once living in the area
left during the Holy Land war
of 1948.
Following the solemn Mass,
sung by the Franciscans, a pro-
cession winds its way through
the garden singing the Magnif-
feat, the Litany and other Mar-
ian hymns. Solemn benediction
in the afternoon is the closing
ceremony.
Japanese Sisters Going to Paraguay
ENCARNACION, Paraguay this summer. The Japanese im-
(NC)--To work among Japa- migrants, among whom are
only five Catholic families, have
nese immigrant families at an offered help in building a
agricultural colony near here, school for the Sisters and have
two Japanese Holy Spirit Mis- donated almost 500 acres of
sionary Sisters will arrive here land for the project.
Lay Retreat Schedule
The Palisades Visitation Retreat
(Men's Retreat House) (Women's Retreat House)
July 10 - 12
No Retreat Our Lady of the Sea,
Bremerton
St. Martin of Tours, Tacoma
Schedule Set
For 40 Hours
. The schedule for Forty Hours
Adoration in honor of the
Blessed Sacrament during the
month of July is as follows:
First Sunday--St. Ann Home,
Tacoma.
Second Sunday--Good Shep-
herd Convent, Seattle; Queen
of Heaven, Tacoma; St. Ed-
ward, Shelton; St. Joseph, El-
ma.
Third Sunday-- St. Thomas,
Camas; St. Patrick, Dockton.
Fourth Sunday -- St. Mary,
Anacortes; St. Peter, Suquam-
ish.
July 11 at St. Martin's Abbey.
Taking their vows to Rt. Rev.
Raphael Heider, O.S.B., during
the l0 a.m. pontifical Mass, will
be four clerics and four lay
brothers.
Abbot Raphael will be cele-
brant of the Mass, with Rev.
Marcel Berthon, O.S.B., as-
sistsnt priest. The Revs.
Leonard Feeney and Conrad
Rausch, O.S.B., will be first
and second assistant deacons.
Roy. Nicholas Rausch, O.S.B.,
will be deacon of. the Mass,
and Rev. George Seidel,
O.S.B., will he subdeacon.
Frater Cyril (Joseph) Ken-
ha, O.S.B., will be solemnly
professed,, having completed
three years of monastic life
since taking his simple vows.
The son of Mr. and Mrs. Jo-
seph Kenna, Sr., of Olympia,
Father Cyril is an eight-year
student of St. Martin's High
School and College. His novi-
tiate was also made at St. Mar-
tiffs. This past year Frater
completed his first course in
theology at Mt. Angel Abbey,
St. Benedict, Ore. He will con-
tinue there this fall.
High School graduating class
in 1961. Mter two years of
college here, Frater Bryce
began the year of novitiate.
His parents, Mr. and Mrs.
Joseph Partington, llve at
7330 2Oth Ave. N.E., Seattle.
Frater Robert Renggli, O.S.B.,
son of Mr. and Mrs. Martin
Rengali, Chehalis, studied at
St. Martin's High School four
years, and then took two years
of college and his novitiate
here.
Frater J U's t i n (Daniel) Mc-
Creedy, O.S.B., a graduate of
Stadium High School in Taco-
ma, entered the novitiate at
St. Martin's after two years of
college work here. His parents
are Mr. and Mrs. James Mc-
Creedy, Tacoma.
Two lay brothers will be
perpetually professed in the
ceremony on St. Benedict's
Day. Brother Romuald (Nor-
man) Laverdiere, O.S.B., was
graduated from St. Martin's
High School in 1960, and be-
gan his novitiate after that.
His profession of simple tri-
ennial vows was July I!,
Contemporary Moral Theology
Topic of Catholic U Workshop
WASHINGTON, D.C. -- A
workshop unique in the study
of moral theology is being held
at The Catholic University of
America, June 11-22. It is on
Contemporary Moral Theology,
directed toward giving a bet-
ter acquaintance and deeper in-
sight into the ew aproach to
sacred theology to priests, ad-
vanced seminarians, and also
to qualified and prepared mem-
bers of religious communities
of women, and laymen.
Superbly fitted for conducting
this workshop is a theologian
of worldwide distinction, Rev.
Bernard Haring, a member of
the Redemptorist Order and a
consultor to Vatican Council
II. Father Haring received his
doctorate in theology from the
University of Tubingen where
he studied under such outstand-
ing theologians as Karl Adam,
Theodor Steinbuechel, Otto
Schilling and Romano Guar-
dini.
Workshop participants will
meet each morning for an
hour-and.a-half lecture by Fa-
ther Haring on modern moral
problems, their analysis and
possible solution. They will
meet again each evening at
7:30 for an open discussion
of the matter presented in
the morning session. After-
noons will be free for study,
research, library work, or
privately-arranged interviews
with Father Haring.
NOCTURNAL VIGIL
Nocturnal vigil for the first Saturday of July will be held
in St. James Cathedral, Seattle, and St. Patrick Church, Ta-
coma, Friday, July 3, and Saturday, July 4. The vigils are
kept in response to the request of Our Lady of Fatima for the
the first
prayerful observance of Saturday of each month.
SEATrI,E AREA Bernadette.
7:45-8:45 p.m. -- (Holy 5-6 a.m. -- St. Anne, St.
Hour) St. James Cathedral, Patrick. St. Thomas, River-
Seattle. ton; St. Philomena, Des
9-10 p.m. -- Assumption, Moines.
St. Luke, Sacred H e a r t, 6-7 a.m. -- St. Joseph.
Bellevue.
19-11 p.m. -- St. Mary, St.
John, Immaculate, St. Mat-
thew.
I1-12 p.m. -- Christ t h e
King, Our Lady of Mt.
Virgin, St. Mark.
12-1 a.m. -- Sacred Heart,
St. Peter, Holy Family, St.
Monica.
1-2 a.m. -- Our Lady of
the Lake, Our Lady of Fa-
tima, St. Edward, St. Paul,
Our Lady of Guadalupe.
2-3 a.m. -- Holy Rosary,
St. Alphonsus, Our Lady of
Lourdes, St. Anthony, Ren-
ton.
3-4 a.m. -- Blessed Sacra-
ment, Jr. Benedict, St.
Teresa.
4-5 a.m. -- St. George, St.
Margaret, St. Catherine, St.
TACOMA AREA
8 p.m,-- Holy Hour, St.
Patrick.
9-10 p.m. -- St. Leo.
16-11 p.m. -- St. Joseph.
11-12 p.m,--Sacred Heart.
12-1 a.m. -- St. Ann, St.
Rita, SS. Peter and Paul.
1-2 a.m. -- St. Martin of
Tours, All Saints, St.
Theresa Mission.
2-3 a.m. -- St. John of the
Woods, Our Lady, Queen
of Heaven, St. Andrew.
3.4 a.m. -- St. Charles
Borromeo.
4-5 a.m. -- St. Frances.
Cabrini.
5-6 a.m. -- Holy Cross.
6-7 a.m. -- Visitation, Im-
maculate Conception M i s -
sion.
7-8 a.m. -- Holy Rosary.
Brother Anthony (Clarence)
Maecke, O.S.B., was born in
South Bend, Wash., in 1911, and
made his profession of simple
vows in 1961. Brother Anthony
is a draftsman and technical
designer.
Brother Wolfgang (Joseph)
Lutzenberger, O.5.B., and
Brother Ramon (James New-
ell, O.S.B., will be taking their
simple triennial vows. Brother
Wolfgang attended St. Martin's
High School for three years be-
fore the novitiate, and Brother
Ramon for two. Brother Wolf-
gang's father is Joseph I. Lut-
zenberger, Woodland. Brother
Ramon's parents are Mr. and
Mrs. Clarence Newell, Port
Angeles.
Brother Stephen (Neff) Johns,
O.S.B., who took his simple
vows July of 1961, will not take
his perpetual vows until this
October 8, by which time he
will have reached the canonical
age requirement of 21.
Invested as choir novices
July l0 at 10 a.m. will be Frank
Feeney, Mike Gage, Leslie
Roup.utt, John SeIlin, and Mike
Whitley.
Soviets Continue
Anti.Church Drive
BERLIN (NC) -- Nonreligious
spring and harvest festivals
and other civil celebrations are
being introduced in the Soviet
Union to take the place of re-
ligious feasts in that country's
stepped-up campaign against
religion, it has been reported
here.
Entertaining with wine has become a widespread
custom in this country in recent years and a light
wine punch for a summer luncheon or late afternoon
barbecue is a welcome addition to any menu.
With wine on hand, you can whip up a colorful,
Father Daly's
Father Dies
In California
LOMITA, Calif. -- The Rev.
Robert Daly of St. Anne Par-
ish, Seattle, will offer a re-
quiem Mass tomorrow, June
2% at St. M a r g a r e t Mary
Church here for his father,
John Francis Daly, 72, who
died June 24.
The burial will be in All
Soul's Cemetery in Long Beach.
Mr. Daly was an assistant
superintendent of mail at the
S e a t t le Post Office for 43
years before his retirement.
He was a native of New Jer-
sey.
Besides Father Daly
other survivors include his
wife, Isabella of Lomita; two
other sons, John F. Daly Jr,,
of San Pedro and James E. of
Longview, Wash.; two daugh-
ters, Helen Marie Sexton of
San Diego and Sister Isabel
Mary, S.N.J.M., of Lake Os-
wego, Ore.; 14 grandchildren;.
three brothers, Thomas, Ed-
mond and Anthony Daly, all of
Seattle and a sister, Mrs. Marie
King of Spokane.
crowdpleasing p u n c h (either
hot or cold--depending on that
unpredictable Western Wash.
ington weather) that makes
partying easier every way.
There are many pleasing
wine punches and the one to
follow is from the Mont La
Salle Vineyards of Napa,
Calif. and makes about 35
servings, 3-oz. size.
It is delightful for afternoon
parties or receptions where a
light beverage is desired. It's
also wonderful summer-evening-
in-the-garden refreshment, with
cookies, wafers, cake or can-
apes. It has been a great suc-
cess wherever served:
! small pkg. (about 3 table-
spoons) "red-hot" einna-
mon candies
IA cup sugar
cup water
1 (46- oz.) e a n pineapple-
grapefruit drink, chilled
1 qt. bottle ginger ale, chilled
1 lge. bottle California Light
Muscat (Chateau La Salle)
chilled.
Cook candies, sugar and
water together over low heat,
stirring constantly until can-
dies are dissolved. Cool; com-
bine wth chilled ingredients.
PRODUCED AND BOTTI.EID BY MONr LA 8ALLE VINEYARDS, NAP& CAI.IF,
0.€ la, t¢
another...
C00atfau £a $a//¢ is delicious/
,--,, oo-,, ,, 1'ii'e ffhrNiun Brother00
Primarily devoted to teaching, the Order helps to
support its educational mission on the West Coast
with winemaking,
