Supreme Court Reserves
Rule on School Prayers
•

Prof. Gordon Zahn's Study Reveals Extent
of Catholics' Endorsements of Nazi Wars

Because churches concurred that there was "suppression of munism is given as part of his
WASHINGTON, (JTA) The able. Kerpelman answered tha t in the demand that citizens in Catholic organizations and spir- reasoning for his pro-war atti-
United Slates Supreme Court, it seemed to him that such a Germany should be obedient to itual activities.
tude.
after two days of hearings, took practice would not impinge on their government, there was
Another resistance figure to
"Nevertheless,
-members
of
under advisement this week the the First Amendment to t h e only a minimal revolt against
issue of whether classroom use Constitution, but that it was no t Nazism by churchmen and their the Catholic hierarchy did as- whom an interesting chapter is
sume a significant role in mar- devoted is Archbishop Conrad
of Bible reading and recital of involved in the Maryland case flocks.
the Lord's Prayer violated the before the court.
How are people to react in shaling the support of the Cath- Groeber of Freiburg (Breisgau),
Constitution. A decision is ex-
Kerpelman charged that the times of war in which their olic population and bolstering who began as a Nazi and who
the war morale of the Catholics was known as "the 'brown'
pected before the close of. the Lord's Prayer had been "tol - government is involved?
current Supreme Court term in erated and blinked at for so long
This question is posed in all in active service and on the bishop" — "der' 'braune' Bis-
June.
that it is now a tradition. • A frankness and its various as- front," Prof. Zahn writes. He chof." He became an anti-Nazi
quotes the charge by E. I. Wat- after a number of years' pro-
The issue involves two case matter that one generation does pects are approached in relation kin that "the German bishops Hitler activities.
to
the
Nazis
in
a
most
challeng-
not
have
the
courage
to
question
appealed from state courts i n
tarnished. the luster of their
Because too little material is
Maryland and Pennsylvania. A must be questioned by another." ing book, "German Catholics noble resistance to Hitler's tyr-
available about him, another
and
Hitler's
Wars,"
- by Prof.
total of 66 Jewish organizations Justice Black noted that, if the
anny at home by giving their
acting as "friends of the court,' prayer were approved, it would Gordon Zahn of Loyola Univer- flocks to understand that it was Catholic anti-Nazi, Bishop (later
had intervened, holding that open the door to greater use of sity (published by Shedd and their Christian duty to fight for Cardinal) von Preysing of Ber-
Ward, 64 University Place, the triumph of the Nazi anti- lin, is mentioned only casually.
such public school exercises classrooms for religious rites.
A chapter is devoted to the
Kerpelman maintained that NY3).
were unconstitutional. Attorneys-
Christ."
Catholic Military Bishop, Franz
Here are especially relevant
general of 19 states argued on practices could not be "some-
what" religious. He said an statements by Prof. Zahn that
There were Catholic oppo- Josef Rarkowski, whose support
the other. side.
observance
was
either
religious
nents
to .Hitler and they are for Hitler "reached a peak of
throw
light
on
the
author's
re-
Henry W. Sawyer, an attorney
dedication and .enthusiasm."
listed
in Zahn's book. .
or
it
was
not.
He
said,
how-
search
into
the
Catholic
re-
representing a Unitarian couple
Prof. Zahn's "German Cath-
'
ever,
he
would
agree
to
con-
actions
to
Hitlerism:
Mr. and Mrs. Edward L
"Few names will outrank olics and Hitler's Wars" is one
'
pulsory
study
of
religion.
He
"If
we
assume
a
German
Schempp, who have two children.
that of Clement August von of the most revealing books
in Abington High School in saw nothing wrong in objec- Catholic were in doubt as to Galen, the Bishop of Muen- about the Nazis and their
Pennsylvania, maintained that tively teaching the history of the moral licitness of serving ster, in any roll of honor reg- crimes. Dr. Zahn expresses the
the Pennsylvania law that per- religions. What he objected to, in Hitler's wars, one source to istering • the names of oppo- hope that a similar study will
mits Bible reading was just as he told the court, was "a re- which he would be expected to nents of Hitler and his Na- be made among Protestants.
unconstitutional as the New ligious ceremony with the ap- turn for guidance would be the tionalist Socialist regime,"
■ 01•111111.■ 04•111.0.111104
pastoral directives and other of- Dr. Zahn states in the chap-
■
York State Regents Prayer ban proval of the school."
The states whose attorneys gen- ficial statements issued by his ter devoted to this hero of the
ned by the Supreme Court last
Dinner
at
DARBY'S
eral joined in their brief are own and the other German resistance. This chapter is
year.
is a real treat
Alabama, Arizona, Arkansas, bishops . . .
sub-titled with a quotation
Attorney Philip H. Ward, rep- Florida, Georgia, Idaho, Kansas,
"But . the logical reconstruc- from this "Lion of Muenster":
resenting the Abington Township I Louisiana, Maine, Maryland, Mis- tion of the situation faced by
• Visit Our New
SKYLIGHT
School District, sought to con- sissippi, New Hampshire, N e w the individual Catholic who was `It is better to die than to sin"
ROOM, Cocktail
—"Lieber
sterben
als
suendi-
vince the skeptical justics that Jersey, New Mexico, North Caro- also a citizen of Hitler's Third
Lounge
and Bar
Bible reading in Pennsylvania lina, Rhode Island, South Caro- Reich is not as simple or one- gen."
•
AFTER
was for "moral" rather than re- lina, South Dakota and Tennes- sided . . . As a German citizen,
Also: "Like Bishop von Galen,
THEATRE
ligious purposes.
Snacks . . .
see. Their joint brief urged the he was subject to the full range Michael Cardinal Faulhaber, the
Delight
Justice Arthur J. Goldberg high- court to sustain a decision of secular social controls organ- titular head of the Bavarian
LUNCHEON
interjected that "the Bible, if of the Maryland Court of Appeals ized to induce him to conform hierarchy, has earned the
A Pleasure
anything, is the greatest re- that found the Bible reading to the demands of the war ef- world's sincere respect for the
ligious document the world has measure to be constitutional.
fort. The Nazi totalitarian state integrity and bravery he dis-
ever had. But you read it not
Res. UN 2-7642
"Reversal of the decision in formally required such behavior played in opposing Hitler and I
for what it is but for some- this case," the 19 states argued, and enforced its requirements his policies." But Faulhaber did
SEVEN MILE at WYOMING
thing else." Justice Hugo L. "will require by necessary impli- by exercising (or threatening to support the war and anti-Com-
Black commented that the most cation the prohibition of a 11 exercise) its power to inflict
productive years of Christian- public acknowledgments of the the penalties of imprisonment
ity were enjoyed when the gov- divinity and the theistic concept and even death for any overt
See this smash Broadway Hit
ernment did not enforce re- of our origin and end." A re- refusal to conform . .
1 i g i o n, while Christianity's versal would also "by necessary
concerning the warm, tender
"To stand alone against this
worst years occurred when the implication impoSe upon t h e flood, to reject the demands of
love affair of Gittel Mosca, a
government was linked with police an atheistic or at least this organized totality of social
religion.
agnostic concept of our origin controls, would have required
kookie Jewish girl
The other issue arose from an 'and end and will itself consti- an extraordinary degree of he-
appeal from a Maryland court tute the establishment of re- roic self-determination . . .
from the Bronx and
filed by Mrs. 1W. E. Murray of ligion," the brief declared.
"An alternative system of
a lawyer from
Baltimore, concerning daily read-
* * *
values might perhaps have been
ing of the Bible in public schools.
Omaha !
PROVIDENCE, R.I. (JTA)— found in the stirring challenge
Mrs. _ Murray, describing herself ,A bill to provide textbook aid to voiced by Bishop von Galen:
as an atheist, said through her parochial and other non-public `It is better to die than sin!' If
MIRISCH PICTURES & ROBERT WISE PRESENT
attorney, Leonard Kerpelman of school pupils was signed into the German citizen who was
Baltimore, that the school open- law this week by Gov. John H. Christian, and particularly if he
ing prayer was a religiods cere- Chafee, with prospects of an were Catholic, had been con-
mony and that her son had suf- early court test of the new law's vinced that Hitler's wars were
fered injury for choosing not to constitutionality. The governor unjust wars and that participa-
PRESENTEE) IN ASSOCIATION WITH SEVEN ARTS PRODUCTIONS. INC UNITED ARTISTS RELEASE
participate. She claimed the-boy said he believed the measure tion in them would be, at the
Popular Prices—Bargain Prices to 6 p.m. (Except Sun.)
was spat on, assaulted and ostr• "meets the constitutional re- very least, materially sinful, it
CONTINUANCE
cized.
PERFORMANCES
quirements set forth by the would have been possible for
During the hearings, the Jus- Supreme Court.
him to find in the teachings of
Matinees Every
tices displayed unusual interest
Mrs. John W. Lenz, chairman the Church the inspiration upon
Wed.,
Sat., Sun.
in the case, eight of the nine of the Rhode Island Affiliate of which such a refusal to serve
justices entering into active the American Civil Liberties would have been based and
questioning and debate on the Union, announced that the local maintained . .
constitutional issues. Justice Pot- board had voted unanimously to
"But it is clear that German
ter Stewart, the lone dissenter support a test case in the courts Catholics were not so convinced.
in the decision outlawing the if the governor signed the bill. Their actual behavior, on the
FREUD IS "A SUPERB DRAMA,
New York Regents praye r, In Washington, Protestants and contrary, exhibited a near unan-
AN ENGROSSING FILM, PENETRATINGLY
clashed with Justice Hugo L. Other Americans for Separation imity of support for Hitler's
DIFFERENT... MAKES CINEMA HISTORYI"
Black, author of the majority of Church and State indicated wars."
LIFE MAGAZINE
ruling.
Dr. Zahn states that this does
it also would test the constitu-
Most Baltimore parents, said tionality of the law.
not mean that the alternative
Justice Stewart, "would like to
systems decided in favor of the
FEUD IS "A BOLD, DRAMATIC, MOMENTOUS,
have this prayer for the exercise
secular,. and he adds that even
TASTEFUL DARING AND FASCINATING FILM
Free
Nazi
Convicted
of their religion." Justice Black
if the secular controls had not
THAT EVERYONE WILL ENJOY!"
responded: "They want to use of Killing 600 Jews
been "operative or effective,"
the taxpayers' money to carry
CROWTHER, N. Y. TIMES
"German
Catholic
behavior,
to
FRANKFURT, (JTA)—
out their religious exercises."
the
extent
that
it,
was
respons-
Chief Justice Earl Warren • com- Otto Hunsche, 51-year-old for- ive to the controls exerted by
FREUD "—BORN INTO A RESPECTABLE WORLD—
mented that, if Christian prayer mer SS captain who was sent- the leadership of the Catholic
were legal in Maryland schools enced last July to a term of Church in Germany, would have
TORE AWAY ITS MASK OF SEXUAL INNOCENCE.
—then Buddhist rites would pre- five years at hard labor on evidenced the same pattern of
NEVER AGAIN WOULD THE WORLD PRETEND
sumably be acceptable by public conviction of complicity in the full conformity to the demands
THAT SEX DID NOT EXIST"
wartime murder of 600 Hun- of the national war effort."
schools in Hawaii.
N. Y. HERALD TRIBUNE
Thomas B. Finan, Attorney garian Jews, was released on
There were, Prof. • Zahn
General of Maryland, said to probation. He was one of the states, "the very few who,
Justice Warren "this is a case late Adolf Eichmann's aides in after thinking about the prob-
of theism against non-theism." HU hga ry. "
lem, recognized the conflict
The Frankfurt provincial of values arising from the in-
The Chief Justice interrupted:
"Hold on. There are millions court issued a ruling to that justice of the nation's cause
of theists who oppose these effect for Hunsche, who also and then chose what they re-
prayers and I • am sure they had been a leading official in garded as obedience to God
would deny your contention. the Nazi Reich security Office, in preference to obedience to
For example, we have a brief despite objections raised by the the unjust demands of the
here from the Synagogue Coun- prosecution. He must now re- Nazi Caesar."
cil of America and the National port to the police twice weekly.
Dr. Zahn shows that the Cath-
Community Relations Advisory
Both the defense, which olic Church, after a brief honey- .
Council. They represent a num- asked for dismissal of the in- moon of comforting assurances
ber of important religious dictment, and the prosecution designed to forestall religious
organizations."
which had demanded a life opposition while the amassing
HERL1E
Justice Goldberg inquired sentence, appealed the five-year of power proceeded," was one
L
TO. 8-8300
whether a period of silent prayer term. The appeals are still of the victims of the internal
trans-lux
WOODWARD AT SIX MILE.
would be constitutionally accept- pending.
policies of the Nazi regime, and

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