Appendix — NLRB v. Catholic Bishop of Chicago

Supreme Court brief1979

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Text

Supreme Court, U.S

FILED

APPENDIX | MAY 10 1978

“MICHAEL RODAK, JR., CLERK

Iu the Supreme Court of the United States

OCTOBER TERM, 1977

No. 77-752

NATIONAL LABOR RELATIONS BOARD,

Petitioner

—V.—

THE CATHOLIC BISHOP OF CHICAGO,

a corporation sole,

and

DIOCESE OF FORT WAYNE-SOUTH BEND, INC., ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SEVENTH CIRCUIT

LL A NS A

PETITION FOR CERTIORARI FILED NOVEMBER 25, 1977

CERTIORARI GRANTED FEBRUARY 21, 1978

Iu the Supreme Court of the Wuited States

OCTOBER TERM, 1977

No. 77-752

NATIONAL LABOR RELATIONS BOARD,

. Petitioner

—_—Vi.—

THE CATHOLIC BISHOP OF CHICAGO,

a corporation sole,

and

DIOCESE OF FORT WAYNE-SOUTH BEND, INC., ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES

COURT OCF APPEALS FOR THE SEVENTH CIRCUIT

INDEX

Page

Relevant docket entries in Case Nos. 13-RC-13402 and 25-RC-

RSE TPR IN oP Lee ies TERE AI NN eo Se oO 1

Petition for Certification of Representatives in Case No.

I oo Seana . ees ~

Supplemental Decision and Certification of mceaaemmennid in

Se Dn et aiesenneneenenanks ioe 9

Petition for certification of eeicminaseveiied in Case No.

ET RETIRE ets EE Be SOND UO EPS ONE : 12

Certification of Representatives in Case No. 25-RC- 5984... 13

Excerpts from Transcript of Proceedings of hearing before

Hearing Officer Katherine Gerstenberger in Case No. 13-

| A LTS FAL Aa EN eae cae 15

Witnesses:

Monsignor Harry C. Koenig 7

Direct Examination ...........................0.00..... 17

Crozs Examination ......... SF Oe Ree I oF 32

Pe

ii INDEX INDEX iii

Page

Reverend John R. Keating Page

Direct Examination -.......... 000+ : 34 Excerpts from Transcript of Proceeding of hearing before

Monsignor Francis A. Bracken Hearing Officer Stanley J. Durnell in Case No. 25-RC-5984.. 158

Direct Examination ........................ neensennsaanpaiine 50 Witnesses :

Cross Examination ........ EERO AT ORR 67 Father James Seculoff

Redirect Examination ........ renter anne ean 73 Direct Examination ..................... ETE TEEN 159

Recross Examination ........................ 76 Cross Examination ............ lecicbibhatnbteblensinaduibtiaadt . 162

Monsignor John P. O’Donnell Redirect Examination ....... ineuennet pxienmiasatl .....166, 170

ee eR Co eee” | ae IN i cdiatuateanennials bees 171

Cross Examination «0.0.0... see vows 88 The following sections of Joint Exhibit No. 1 introduced in

Reverend Joba F. Fahey the above-mentioned hearing:

Direct Examination ............ ran 100 IIE Uh koidbidcninsniirntiinanviaeciisndamnenaiinomtinieniinannniaane hana 176

Cross Examination ....... a ee 108 Section 2000 ................. isnidilcaeiiianigansidnaiieddadeaiann eeulbaseen ean 176

Father John F. Fahey | STE aig a

Direct Examination ..... sdaatueneeenaieassnsenesaeiennanancs 112 I a 178

Monsignor O’Donneil Section 2010(a) ......... iiesianiainiedaalaeaiaiiiiiaiatat saadaiemnidta dia ... 185

Direct Examination -......0..0.0.00.00- ccc 4 ERD ON IRON Moca 185

Jacob Wych Sa TO ee 186

Direct Examination ............ i a ta ac 114 I i 186

Father John Fahey I nema LS te 187

Direct Examination ............... ” Sisihteiesbate 116 7

ae eee D a STC 188

James Ochs oo Section 3414 0.00 188

Direct Examination ................. rind _ eR a VTE Oe OU Lia Ok Ran a ea

Cecil Gorey ree dameanienieanaans caskautanadaiabaaiiie 189

Dicect Busioction sis thon 119 RI I nrticscnsenensscrensiicomninsinveninsacianensnees idipnadhishbceiahs 190

Turther Direct Examination... 121 LT eT PEEP ES SOE PRD —

The following exhibits introduced at the above mentioned napenenipooepamameemmeemenmaeenene: neers _ =

7 hearing: RN SUTIN sssssccsncehississinsnsiscisdcpicimncnsielecniuidiniiioneiaadadgiaibcmein 195

BE ee 124 er ne a es ena Ee 196

Employer’s Exhibit Ne 17 ....... a el ae 128 I a 196

bemmplerraw’s TemBeMit Whe. BB nena nncccecceccccscnccccesscsenensesncenosnes 131 ee cacaiiaaiiantadiaa a ene ae _ 197

Beamplower’s TemteTGt Whe. BB nnn. anne nnscccnnccs snc nnnscennseneees 133 Section 6625 ............................ oe eiilaaeiea diet e a 197

Employer’s Exhibit No. 41. ................22....-.:c--ecccseeceee0ee ek 135 i eae eT aS Ty 198

Mbcmmplcmew’s TemteTie Whe GB nnn nnn nnn nnn ee sas 137 IE TRIIEEE isssinisccninisitentessasatibaahanconinintendgindanbighiteecas Gaidineedi 199

Employer’s Exhibit No. 69 .................. se te paar 138 Section 5670 0000000. sscniinaiidailanmiadidiadigaaidemmiaaiataeee ra) Ee 200

Petitioner’s (Quigley Education Association) No. 2 ........ 143 Complaint and Notice of Hearing in Case No. 13-CA-14944... 201

Amendment to Complaint in Case No. 13-CA-14944 209

aa ie, ae

iv INDEX

Answer to Complaint in Case No. 13-CA-14944

Amendment to Answer in Case No. 13-CA-14944...00

Complaint and Notice of Hearing in Case No. 25-CA-7622

Answer to Complaint in Case No. 25-CA-7622 .......... sesamiae

Amendment to Answer in Case No. 25-CA-7622.............

Order of the Supreme Court granting certiorari

(The decisions of the Board and the decision and judg-

ment of the Court of Appeals were printed in the petition

for a writ of certiorari and thus need not be reprinted.)

CHRONOLOGICAL LIST OF RELEVANT

DOCKET ENTRIES

Case No.: 13-CA-14944

IN THE MATTER OF:

THE CATHOLIC BISHOP OF CHICAGO,

A Corporation Sole

13-RC-13402

DATE | PROCEEDINGS

6.12.74 Petition filed

8.21.74 Board’s Ruling on Administrative Appeal, dated

8.29.74 Notice of Representation Hearing, dated

10. 2.74 Acting Regional Director’s O.der, dated

11. 4.74 First Amended Petition filed

11. 7.74 Order Postponing Hearing Indefinitely, dated

1.28.75 Order Rescheduling Hearing, dated

2.25.75 Hearing opened

2.25.75 Petitioner’s request for special permission to

appeal from Hearing Officer’s ruling granting

Charging Party’s motion for sequestration of

witnesses, dated

2.26.75 Regional Director’s Ruling on Appeal, dated

4.23.75 Hearing closed

(1)

2

~ PROCEEDINGS

Regional Director’s Order Transferring Repre-

sentation Case to the National Labor Relations

Board, dated

Charging Party’s Brief, dated

Charging Party’s Motion to Correct Record,

dated

Petitioner’s Brief, dated

Petitioner’s Motion to Grant Oral Argument,

dated

Board’s Order Granting Motion to Correct

Record, dated

Board’s Decision and Direction of Election,

dated

Tally of Ballots, issued

Certification on Conduct of Election for Quig-

ley North, dated

Certification on Conduct of Election for Quig-

ley South, dated

Petitioner’s Objections to the conduct of the

election, dated

Charging Party’s letter in response to the Peti-

tioner’s Objections to conduct of election, dated

Regional Director’s Supplemental Decision and

Certification of Representative, dated

13-CA-14944

Charge filed

Complaint and Notice of Hearing, dated

Petitioner’s Answer, received

3

snes

DATE

PROCEEDINGS

1. 6.76

1. 8.76

1.14.76

1.16.76

1.16.76

1.23.76

1.26.76

1.29.76

2. 9.76

2.20.76

2.26.76

3.11.76

Amendment to Complaint, dated

Charging Party’s Response to Answer and Af-

firmative Defenses, and Motion to Transfer

Case to the Board and to Enter Summary

Judgment, dated

General Counsel’s Response to Charging Party’s

Motion to Transfer Case to the Board and to

Enter Summary J udgment, dated

Petitioner’s Amendment to Answer, received

Petitioner’s response to Charging Party’s mo-

tion to transfer case to the Board and enter

summary judgment, dated

Charging Party’s Amended Response to An-

swer and Affirmative Defenses, and Motion to

Transfer Case to the Board and to Enter Sum-

mary Judgment, dated

Petitioner’s letter correcting an error contained

in its previously filed Amendment to Answer,

dated

Regional Director’s letter advising that he takes

no position with respect to charging party’s

motion for summary judgment, and that he in-

tends to file a motion to transfer the case to

the Board and to enter summary judgment on

behalf of the General Counsel, dated

General Counsel’s Motion to Transfer Proceed-

ings to the Board and Motion for Summary

Judgment, dated

Order Postponing Hearing Indefinitely, dated

Board’s Order Transferring Proceeding to the

Board and Notice to Show Cause, dated

Petitioner’s Motion for Ora] Argument, dated

4

PROCEEDINGS

3.11.76

3.17.76

3.22.76

6.18.76

8. 3.77

8. 3.77

2.21.78

Petitioner’s Response in Opposition to Motions

for Summary Judgment Made By General

Counsel and Charging Party and Motion to

Dismiss Complaint, dated

Petitioner’s Memorandum in Support of Re-

sponse in Opposition to Motions for Summary

Judgment made by General Counsel and Charg-

yd ead and Motion to Dismiss Complaint,

a

Charging Party’s opposition to Petitioner’s Mo-

tion for Oral Argument, dated

General Counsel’s Response and Opposition to

Petitioner’s Motion to Dismiss Complaint and

Motion for Oral Argument, dated

Decision and Order issued by the National .

Labor Relations Board, granting inter alia the

General Counsel’s Motion for Summary Judg-

ment

Decision uf the Court of Appeals

Judgment of the Court of Appeals

Order of Supreme Court granting certiorari

5

CHRONOLOGICAL LIST OF RELEVANT

DOCKET ENTRIES

Case No.: 25-CA-7622

IN THE MATTER OF:

DIOCESE OF FoRT WAYNE-SOUTH BEND, INC.

25-RC-5984

DATE PROCEEDINGS

6. 4.75 Petition filed

6.18.75 Notice of Representation Hearing, dated

6.24.75 Hearing opened

6.24.75 Hearing closed

7.11.75 Petitioner’s Brief, dated

7.17.75 Acting Regional Director’s Decision and Direc-

tion of Election, dated

7.28.75 Petitioner’s Exceptions to Trial Examiner’s

Decision, received

7.28.75 Petitioner’s Request for Oral Argument, re-

ceived

8. 5.75 Petitioner’s Addenda to Petitioner’s Request

for Review of Exceptions to Trial Examiner’s

Decision, received

9. 2.75 Board’s teletype denying Petitioner’s request

for review of decision and direction of election

and denying request for oral argument, dated

9. 4.75 Notice of Election

9. 4.75 Tally of Ballots issued

10.22.75

12.23.75

1.14.76

1.22.76

2. 9.76

2.27.76

3.15.76

6

_ PROCEEDINGS

Certification on Conduct of Election, dated

Regional Director’s Certification of Representa-

tive, dated

Petitioner’s Motion for Reconsideration and for

Reopening of the Record and to Adduce Addi-

tional Evidence, received

Board’s teletype denying Petitioner’s motion

for reconsideration and for reopening of the

record, dated

25-CA-7622

Charge filed

Complaint and Notice of Hearing, dated

Petitioner’s Answer to Complaint Charging Un-

fair Labor Practice, dated

Petitioner’s Amendment to Answer, dated

General Counsel’s Motion to Strike Portions of

the Petitioner’s Answer and Motion for Sum-

mary Judgment, dated

Board’s Order Transferring Proceeding to the

Board and Notice to Show Cause, dated

Petitioner’s Motion for Oral Argument, dated

Petitioner’s Response to Motion to Strike and

Response in Opposition to Motions for Sum-

mary Judgment Made by General Counsel and

Charging Party and Motion to Dismiss Com-

plaint, dated

7

PROCEEDINGS

6.18.76 Decision and Order issued by the National

8. 3.77

8. 3.77

12.21.78

Labor Relations Board, granting inter alia the

General Counsel’s Motion for Summary Judg-

ment

Decision of the Court of Appeals

Judgment of the Court of Appeals

Order of the Supreme Court granting certio-

rari

DOCKETED

Form NLRB-+s02 UNITED STATES OF AMEIICA \, Form Approved

§E8<Oe) NATIONAL, LABOR RELATIONS BOARD Budert Bureau No 64-ROO02 14

FIRST AMENDED PETITION

DO MOT WRITE IM THis space

CASE NO

INSTRUCTIONS —Submit an orsginal and four (4) copres of thes Petsson to the NLRB Regional 13 -~RC-13402

Office om the Region in which the employer concerned 5 located DATE PUEO

if more space is required for any one tem, attach additional sheets, numbering wem accordingly

November 4, 1974

The Petitioner alleges that the following circumstances exist and requests that the National Labor Relations Board proceed under

ts proper authority pursuant to Section 9 of the National Labor Relations Act

*) of the Act bus been fled snvelsimg the Fauplever samed

1. Purpose of this Petition (if bes RC RM. or RD 1 checked aad a charge umder Sectron Bib) (

the statement following the deveription of the type of petetven vhall wot be deemed made }

hercm

(Check onc)

/ X RC-CERTIFICATION OF REPRESENTATIVE —A substantial number of employees «ish to be represented fur purposes of collective

bargaining by Petnioner and Petsioner desires to be certshed a5 representative of the employees

[) RM-REPRESENTATION (i MPLOYER PETITION) —One of more individuels of lebor organisations have presemed « clam to Penoner

to be recognized as the representative of employees of Pettnoner

) RD-DECER TIFICATION — A substantial number of employees assert that the cerned ot currently recognized bargaming representative 1s

5

no longer the: representative

rr)

L | UD-WITHDRA WAL OF TINTON SHOP AUTHORITY lherty percent “ or more of employees in a Darge:ning wnn cuvered by

=

yer and « labor organisation desire that such suthoruy be rescinded

an agreement Detecen ther emp

currently recognised by employer, but peturoner seeks clarification of placement at

a UC-UNIT CLARIFICATIO™ —A labor orgenation :

certaun employees (Cher? one in und not prevwwusly certihed

J

vc

In unt previously certehed wn Case No

C) AC-AMENDMENT OF CERTIFICATION —Petmioner secks amendment of certification imsued in Case No _ -

Attach statement deserving the specif: amendment seught

2. MAME OF EmPLOvER 2g ~ TEmPLOVER REPRESENTATIVE TO CONTACT THOME NO

The Bis! f Chicago, a |

_corporat ne pa a - 5° x ___ Rev. Francis A. Brackin/787-2315

% ADORESSIES) OF ESTASLISHMENT(S) INVOLVED (Sireet and mwmmber city State. aad ZIP Code

7a.

s Request for recognition as Bargaining Representative was m on April 9 1974

: oe BUGUR© Cescescoces coscoceseoesococooenenc and Empl

declined recognition on or shout (Meath day. wear)

Sedbeweos , (1f we reply received. se state)

7b P

a ettoner is Currently recognized as Bergsining Representative and desires certihcation under the act

8. Recognized

nt grired oF Certihed Bergaining Agent (If there 1 wome. se sate ;

:

| afPniation

None

ADDRESS <n

— Dall OF MECOGNITION O8 Cl8IUKAlON

9. DATE OF EXPIRATION OF CURRENT CONTR

ACT. # any (She T + —

4 " “ month. day 110 © vOuw wave , - - —

and yew pln — saaetines om VON | ABOVE SHOW MEME THE Dalit Or txiculicns oF

Not applicabi- _ UNION SHOP ( Monash aay and pear)

Dla. 1S THERE NOW a STRIKE OF PICKETING Al T - eects

MENTS) INVOL VEC ME EMPLOVER § ESTamISH [1 1b # SO appe JRIMATELT W MANY EMPLOVEES APE PARTIC\PATING!

re N —_—

LIC, THE EMPLOYER HAS BEEN PICKETEO BY O8 ON BEHALF or . - —

: : peosece * (4808

"'! @ame)

OR8GANIT +TION. OF

SINCE

(lasert addr: ~

12. ORGANIZATIONS Of INDIVIDUALS OTHEe Tr lh (Meath day year)

REPRESENTATIVES AND Olmen Sanesmbaneen anh aon eeeras a ate Wate OSE Haw $8 AND Hic) WHICH HAVE Ciaimeid #ECOGNITION a5

; -

Tim $ ABOVE ( WOME $O state INDIVIDUALS KNOWN TO HAVE a 8 ATIVE UNTEREST ih ANT EmMPLOVEES 1m THE Uni OFSCRIBED

7 aw y

NAe | Oatt OF Ciam

j affuialiOn | aDoetss — ~~?

tletvem le

a ste —— — ; | : >» Fanphoves 9

None

i |

I declare that Ih

d ¢ that ave read the abuve petuion and that the statements there are true to the best of my knowledge and bell

Quigley £ducation Association. gn affiliate of Illinois Education Association

an > ap Hp (Petutoner and afflsaten. of any!

te ae lc ll, Uniserv Director/Legal

aise ae or perce flag premee | ' Ia 4 — ings

Address ry by Summit Avenue Oak “ pe

..Brook Teprece Park: 111, Zdt4 95-3250

(Sereet and auteber. csty State. aad FIP Cede) Le'epaoee ee whee)

_2]] East Chicago Avenue, Chicago, Illinois— 6061] _ -

4 IDENTIFY PRINCIPAL PROOUCT OF SERVICE

4a. TYPE OF ESTABLISHMENT (Factory ree wholnaler a

Ga. MUMBER OF EMPLOYEES

iw UNIT

4+ ~~ 5

5 Unu lavolvwed sila Le peistven devrmbe PRI \) bergpererese wn aad ates dewriptron of proposed clarihiatwon

Included

All full-time lay teachers employed in Quigley South! ,,,,,,, 41

High School and Quigley North High School

| PROPOSED (BY UC/ AC)

T

Excluded 6b. % tes PETTION

30% Of mORE OF

All supervisors as defined in the Act

KXves [] ~o

* Ne apple able ‘=

aM UC. and AC

(Uf pow have checked ben BC mm 1 abere. chert and complee EITHER wom %a or “6. wheckerer m1 appluatic)

WALLFULLY FALSE STATEMENT On THIS PETITION Cam BE PUNISHED BY Fie D imaPRiSc int WS COO’ WHE 18. $4CTIOW 100!

EXHIBIT 2 @o e73-779

9

UNITED STATES OF AMERICA

BEFORE THE

NATIONAL LABOR RELATIONS BOARD

THIRTEENTH REGION

Case No. 13-RC-13402

Board Directed

THE CATHOLIC BISHOP OF CHICAGO,

A CORPORATION SOLE, EMPLOYER

and

QUIGLEY EDUCATION ASSOCIATION, AN AFFILIATE OF

ILLINOIS EDUCATION ASSOCIATION, PETITIONER

SUPPLEMENTAL DECISION AND

CERTIFICATE OF REPRESENTATIVE

Pursuant to a Decision and Direction of Election issued

by the National Labor Relations Board on September

16, 1975,’ an election by secret ballot was conducted on

October 17, 1975, under the supervision and direction

of the Regional Director of Region 13, among the em-

ployees of the Employer, in the unit found appropriate

for the purposes of collective bargaining. The Tally

of Ballots which was served upon the parties immedi-

ately following the election showed the following results:

Approximate number of eligible voters __ 47

RANCHI cI Sea ee =a 0

Votes cast for Petitioner ss sits 31

Votes cast against participating labor

SII lntiniicasoticidbetsneisie. oes: ae

Valid votes counted... ti(‘CsS .... 38

Challenged ballots 0. 1

Valid votes counted plus challenged ballots —__— 39

A majority of valid votes counted plus challenged ballots

has been cast for Petitioner.

On October 23, 1975, timely objections to conduct

affecting the results of the election were filed by the

* 220 NLRB No. 68.

EE

10

Employer, a copy thereof duly served upon the Petitioner.

The objections are attached hereto as Exhibit 1.

Pursuant to Section 102.69 of the National Labor

Relations Board’s Rules and Regulations, Series 8, as

amended, the undersigned after reasonable notice to all

parties to present relevant evidence, hereby issues this

Supplemental! Decision.

The Employer’s objections do not go to the conduct

affecting the results of the election nor to the manner

in which the election itself was conducted.? It is well

established that the Board will not consider objections

to an election which raise questions not involving the

conduct of the election but are tantamount to a motion

for reconsideration of the Board’s decision and Direction

of Election.®

Therefore, the undersigned concludes that the objec-

tions are without merit and they are hereby overruled.‘

Having overruled the Employer’s objections, pursuant

to authority vested in the undersigned by the National

Labor Relations Board, I hereby issue the following:

CERTIFICATION OF REPRESENTATIVE

IT IS HEREBY CERTIFIED that a majority of the

valid ballots has been cast for Quigley Education As-

sociation, an affiliate of Illinois Education Association

and that, pursuant to Section 9(a) of the National

Labor Relations Act, as amended, the said labor organi-

zation is the exclusive representative of all the em-

ployees in the unit set forth in respect to rates of pay,

*NLRB Field Manual 11390, NLRB Rules and Regulations

162.69 (a).

* Morenci Corp., 100 NLRB 1114; William R. Whittaker Co., Ltd.,

94 NLRB 1151.

* Under the provisions of Section 102.69 of the Board’s Rules and

Regulations, a request for review of this supplemental decision may

be filed with the Board in Washington, D.C. This request must be

received by the Board in Washington by November 17, 1975.

a

11

wages, hours of employment, or other conditions of em-

ployment.

UNIT:

All full-time and regular part-time lay teachers in-

cluding physical education teachers employed by the

Employer at the Quigley North and Quigley South

Schools, Chicago, Illinois, excluding rectors, procura-

tors, dean of studies, business manager, director of

student activities, director of formation, director of

counseling services, office clerical employees, main-

tenance employees, cafeteria workers, watchmen,

librarians, nurses, all religious faculty, and all

guards and supervisors as defined in the Act.

DATED at Chicago, Illinois, this 8rd day of November,

1975.

/s/ Alex V. Barbour

ALEX V. BARBOUR

Regional Director

National Labor Relations Board

Thirteenth Region

Everett McKinley Dirksen Building

219 South Dearborn Street—Room 881

Chicago, Illinois 60604

Attachment

c

Ja a) Request for tecogninion as Horgeiming Representative sas made on May 2 U : 975

‘ Mewth das. sear!

declined recoganion On oF shows May 2 3 9 197 5

(lf ae reply rnened Matel

(Meuth day years

f

LAs) i: Peiuoner Currently tecognired as Bargewn ng Representatne and Gewres corulcstion wndcr the act

ee

7 KRecogniucd of Ceruhed Barge "6

MA mae . F ; . Tatuiatow

J borin Apintaves NON 4

NATIONAL iA sy ; Merete: ‘ .

Lbaves au ‘%s

urratie

a0oerts : Bat OF Corin O8 ClOtw air

- + iat cee eee :

PETIT!OjNN

PO wOT While tm Ver

; rr gee att Of Geeta tiin ov eee,

2528: 5 O87 aad yew

Dalt tuio

A “bering ie

faeces cast etd segue he National Lahor Relatios s Rosrd Proce

National labor Pele

‘

Lic. 18 tm Over was Oftw ricrets

of the Act het been ple ims eli cag the 1

son of the tepe Pelitron rt wat he deemed made OBGANI2 4TION o

(Imsert addres

aentuue ; be represented (ur; viperses of cullesive 12. Of GANIZATIONS O89 INOIv Ovais OWED tuam oes WONER® (AND Ofmte THAN Ti > oe tas hel, wweeCee WAVE CitemtD BECOCraTIOr: 06

bergeming ot and ot stews ees ZATIONS AND INDIVIDUALS ENGwn I ESENTALIVE UNTEREST IN ANT EmPLOTEES tn THE Unt DIS MEIC in

pewr)

REPRESENTATIVES AMO Olmert O6Gam

" A (\f MONE 5 ) ’

KRM-KIPRISINTA . “APL ‘tl moorr < ' ot labwer atwons have Presented a claom tO Petitions nea $ a80 One yA are

vt

— eae _

thoner

tar De fecoagnved «4 Se fepreser ‘ f rr , "t Pe

uw

RD-PFCERTINIC ATH "~\ A substzatial oc seeployees asvert that the certine J vr «a Tecrgnited ba bAIMIMR lepresentative

no honges thew rey entative

aOO@etss

(D-WhlMDRAY AL Gib EE NION sticrpe at THOCOKET LY — There percent ‘ 1 of more of employ

wes in a Dargemneng wn severed hy

On eateement hetwcer hei empluyect and «a lal f ofpaniiat n des

hats nh aust it , fescinde J

j LC-UNID CLARIF AT) . A lett otpe ‘a beurtentl) te. ognssed bey employer, tn Petitrmer seeks «latehcatran of placemer:t of

Certain employees 4 ned ene In une ¢ "Mpresmusly cortehed

alTnAarr

NONE

LAW pres meusly cored Case Ne _ , :

— - ~— — a ee — —— ——— —— —— —<—_ - ——_— —-- —— -_--

Matements iherein are true to the be we Of my Enos ledge and beliet

‘lic High Schools (C.A.T.CLH

’ , ( Petrtvvener ead Mission of anys

Denartincat dieaGG ae | |

’ , * oe : Bruc e O. Box} Cryer Attornev at Law

of Ft. Wayne Ou 1iC V. vames Secy] ct (Signature of vesreentot pevran Phong putuno

Sune clutendent

Addeoes 2100 Fort | ayne National Ra k Ft. We IN

Ecucat ion, 1103 - : ; hmOun C Fort \] N \

| declare that 1 have read the above Petition ar

TIPIC ATION & Pacunonce eoriment of ccctihcstion issued in Case Ne

Community Alliance for Teachers of Cath )

pe to amen r

S letle, of ome

vet (ft #9 aAmrnher

. f.°)9

-"s _ yne, , ‘2 19) “The &

vayne * (Street ad am wher ey ete awe JOP ( becephowe aurng

244 PROUUC!I OF Steve ft

—_—_— —— = . —

WHCFHEY FALSE STATEMENT Ors Tes PETITION CAN BE HURISHES PY Firat aris IMPRISONMENT JS CODE, HE 16, SECTION 1001;

> 4aler es

tudents of high sci;

ef pres . Ga. NUMBEF OF bum oy

> = ¥ ~ , * . we Ula

All full-time and regular nart-time lay (non-re]

1 hears nine we aed stthah deur 1

‘sional frculty memebers, including teache liat

inistrators, and all depart;

ers

rarians (etsenr ADD

cha i?

r2OrOCED

Lacluded Religious, office clericals, teachcr aid: ‘part-time ae

, ‘ 2ceicr ] > a ale “oc yo “I 6 94 Aas 30% O8 MOI OF

naraprofessionals), cafeteria workers, assistant or vice | te tances eg

Principals, business managers, nurses, athletic directors, tse Tene

and guards and suvervisorse as defined in the act. E) ws =e

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13

RC-RM-RD

UNITED STATES OF AMERICA

NATIONAL LABOR RELATIONS BOARD

Case No. 25-RC-5984

ND-—TyPE oF ELECTION—RD Direction

DIOCESE OF ForRT WAYNE-SouTH BEND, INC., EMPLOYER

and

COMMUNITY ALLIANCE FOR TEACHERS OF

CATHOLIC HiGH SCHOOLS ( C.A.T.C.H.), PETITIONER

CERTIFICATE OF REPRESENTATIVE

An election having been conducted in the above matter

under the supervision of the Regional Director of the

National Labor Relations Board in accordance with the

Rules and Regulations of the Board ; and it appearing

from the Tally of Ballots that a collective bargaining

representative has been selected; and no objections having

been filed to the Tally of Ballots furnished to the parties,

or to the conduct of the election, within the time provided

therefor;

Pursuant to authority vested in the undersigned by the

National Labor Relations Board, IT IS HEREBY CER-

TIFIED thet a majority of the valid ballots have been

cast for COMMUNITY ALLIANCE FOR TEACHERS

OF CATHOLIC HIGH SCHOOLS (C.A.T.C.H.) and

that, pursuant to Section 9(a) of the National Labor

Relations Act, as amended, the said labor organization

is the exclusive representative of all the employees in

the unit set forth below, found to be appropriate for the

purposes of collective bargaining in respect to rates of

pay, wages, hours of employment, or other conditions of

employment.

UNIT:

All full time and regular part time lay (non-

religious) professional faculty members of the Em-

14

ployer’s five high schools, including teachers, li-

brarians, guidance deans, moderators of student

council and all department chair persons who are

teachers, athletic directors;

BUT EXCLUDING all religious, all office clerical

employees, teacher aids, (part time para-profes-

sionals), cafeteria workers, assistant or vice prin-

cipals, business managers, nurses, custodians, guards

and supervisors as defined in the Act.

15

BEFORE THE

NATIONAL LABOR RELATIONS BOARD

THIRTEENTH REGION

Case No. 13-RC-13402

IN THE MATTER OF:

THE BISHOP OF CHICAGO,

A CORPORATION SOLE, EMPLOYER

Signed at INDIANAPOLIS, INDIANA On the 12th day

of SEPTEMBER 1975. and

| SEAL }

On behalf of

NATIONAL LABOR RELATIONS BOARD

/s/ [Illegible}]

Regional Director

Region Twenty-five

National Labor Relations Board

QUIGLEY EDUCATION ASSOCIATION, AN AFFILIATE OF

ILLINOIS EDUCATION ASSOCIATION, PETITIONER

Room 823, Everett McKinley

Dirksen Building

219 South Dearborn Street

Chicago, Illinois

Tuesday, February 25, 1975

Pursuant to notice, the above-entitled matter came

on for hearing at 10:00 o’clock a.m.

BEFORE:

KATHERINE GERSTENBERGER, Hearing Officer.

APPEARANCES:

KIRKLAND & ELLIS, BY DONALD C. MOSS and

JAMES A. SERRITELLA,

200 East Randolph Drive, Suite 5900, Chicago,

Illinois, 60601, appeared on behalf of the Employer.

EDES and ROSEN, by HARVEY A. NATHAN,

One North LaSalle Street, Chicago, Illinois, 60602,

appeared on behalf of the Petitioner.

16

(5] HEARING OFFICER: Is it possible to stipulate

that the Quigley Education Association, An Affiliate of

Illinois Education Association is a labor organization

within the meaning of the National Labor Relations Act

as amended?

MR. MOSS: It is so stipulated.

MR. NATHAN: Yes.

HEARING OFFICER: The stipulation is received.

[6] * * * HEARING OFFICER: Is it possible to

stipulate the following: The Petitioner on April 9,

1974, in writing requested recognition as bargaining

agent for the employees in the requested unit. The

Employer on April 17, 1974, in writing and orally re-

fused to grant recognition unless and until the Peti-

tioner was certified by the National Labor Relations

Board? a

MR. MOSS: With the caveat again that it is the

requested units, plural. It is fair to say.

HEARING OFFICER: The Petitioner requested rec-

ognition in more than one unit?

MR. NATHAN: No. mee

MR. MOSS: The Petitioner refers to two institutions.

HEARING OFFICER: Oh. I see what you mean.

MR. MOSS: That is what draws my response to

that point.

HEARING OFFICER: You are referring to Quigley

North and Quigley South?

MR. MOSS: That is correct.

HEARING OFFICER: With that additional infor-

mation, can [7] you stipulate to what I have previously

stated?

MR. MOSS: We can so stipulate.

HEARING OFFICER: Mr. Nathan?

MR. NATHAN: Yes.

HEARING OFFICER: The stipulation is received.

[10] * * * MR. SERRITELLA: The Employer would

like to move to dismiss the Petition on several grounds.

The first ground is that as a matter of policy the Board

17

does not accept jurisdiction over charitable, religious,

eleemosynary institutions, and the two institutions in

this case would fall into that category. The second

ground is that Courts in this country have traditionally

recognized the fact that the ecclesiastical institutions,

which are subject to ecclesiastical law, are beyond the

reach of the civil law, and we move to dismiss on the

ground this would infringe that principle. A third ground

is that the assertion of jurisdiction by the NLRB would

violate the First Amendment right to freedom of re-

ligion enjoyed by the institutions, the Employer and the

members of the institutions under the Constitution of

the United States and the State of Illinois. The fourth

criteria is that the hearing itself, inquiring into whether

or not and to what extent an institution is religious, is

itself a violation [11] of the institution, the Employer,

and the members of the institution’s First Amendment

rights under the United States Constitution and the

Constitution of the State of [llinois, and we would ask

that the Petition be dismissed on that ground. And

finally, we specifically reserve the rights of the Employer,

the institution, the members of the institution under the

Civil Rights Act of the United States government and

the government of the State of Illinois to proceed against

the participants in this hearing for violation of our

civil rights at some appropriate time in the future.

* * * .

[24] MONSIGNOR HARRY C. KOENIG,

called as a witness for and on behalf of Counsel for the

Employer herein, and after having been first duly sworn,

was examined and testified as follows:

HEARING OFFICER: Have a seat. Give your name

and address to the court reporter, please.

THE WITNESS: My name is Harry C. Koenig, and

my address is the Cardinal Stritch Retreat House, P.O.

Box 455, Murdelein, Illinois.

18

DIRECT EXAMINATION

Q (By Mr. Serritella) Could you spell your name

for the court reporter? It has an unusual spelling.

A K-o-e-n-i-g.

Q Monsignor, what is your business or occupation?

A I am a Catholic priest.

Q Are you connected with any particular geographic

designation of the Catholic Church?

A Iam the Vicar Delegate in Vicarate Number One

of the Archdiocese of Chicago.

Q Do you hold any other positions in the Archdiocese

of Chicago?

A I am the Director of the Cardinal Stritch Retreat

House.

Q What is Vicarate Eight?

A Vicarate One.

Q Iam sorry.

[25] A It embraces all the Lake County and western

part of Cook County. It is to represent the Catholic

Bishop of Chicago in those areas.

* * * .

[30] Q Monsignor, what is a seminary?

A A seminary is a school for the education of priests.

Q Priests. What is a priest?

A A priest is a clergyman of the Roman Catholic

Church.

Q When did seminaries begin?

A Well, seminaries began—the word “seminary”

comes from the Latin seminarium and it was first used

at the time of the Council of Trent. We don’t know

precisely who used the term for the first time, but

several different theologians at that time used the word

“seminary” for a school for the education of priests.

However, the idea of seminaries goes back to the time

of Our Lord.

Q Just let me interrupt you a second. So the record

is clear, what was the Council of Trent?

A The Council of Trent was one of the councils of

the Catholic Church, and a council is a gathering of

~

19

Bishops of the Catholic Church together with the Pope

to formulate doctrine and law for the Church.

Q And when did the Council of Trent take place?

A It was called in the year 1545 and closed in the

year 1563.

Q Now, please explain how priests were trained be-

fore the Council of Trent.

A Well, as I say, Our Lord himself trained his

twelve apostles over the three years of his public life.

[31] Q You better explain, Monsignor, what you mean

by Our Lord.

A Well, Jesus Christ trained his twelve apostles over

the three years of his public life, and the first example

we have specifically is with St. Augustine of Hippo who

lived at the end of the Fourth and the beginning of the

Fifth Century. He gathered a group of young men into

his episcopal home and he trained them for the priest-

hood

Q St. Augustine was a Bishop?

A The Bishop of Hippo in North Africa.

Q He took the responsibility for the training of

priests in his own home?

A In his diocese. He was a Bishop. He was Bishop

of Hippo. He took the responsibility for training the

men who were going to be priests in his diocese.

Q What sort of training did he give?

A Well, he gathered them together and they were

trained, I would say, very much like a doctor or a

lawyer was trained in those days, namely by living with

a person who practiced that art and learning from him

practically and theoretically how he performed his duties.

What was the content of the training or education

that he was giving?

A Well, it was a content both of the secular and

religious education. First of all, the man had to learn

how to [32] read and wrote and learn language, and

secondly after he learned to read and write and learned

his language, then he began to learn the doctrines and

practices of the Church.

Q Why was it necessary for priests at that time to

have a secular education?

20

A Well, because if they didn’t have a secular educa-

tion they couldn’t acquire a religious education. They

had to learn to read and write to begin with.

Q Was there any other reason?

A Well, also to deal with the people that they were

dealing with. Naturally if you are going to preach a

sermon or communicate with the people of your time

you had to have the secular knowledge that these people

had.

Q At the time of St. Augustine were bishops _per-

mitted to delegate their authority over the training of

priests to any outside body?

A No. As far as I know from my studies each

bishop had this authority himself and he trained them

himself.

Q Why was that the case?

A Well, I would say there was nobody eles to do it

except the bishop.

Q What was the next major event in the history of

seminaries after this early period?

A After St. Augustine the next event was the found-

ing of the religious orders.

{33] When did that take place?

A In the Sixth and Seventh Centuries, especially with

St. Benedict.

Q Could you briefly explain so the record is clear

what a religious order is?

A Well, a religious order is a group of men or women

who are bound together by three vows of poverty,

chastity, and obedience in a ruled life.

Q What is a vow?

A A vow is a solemn promise to God that you are

going to practice a virtue.

Q All right. How did the development of the religious

orders affect the development of seminaries?

A Each religious order had a mother house where

the men themselves were trained in this religious order,

and this was a school and some of the bishops sent their

men to these religious orders in order to be trained.

Q And what type of training did candidates for the

priesthood receive at that time?

eI

0 EE’S[Z=SC ol

21

A They received both secular and religious training.

They learned to read and write and learned the culture

and the language of the people of that area, and then

they learned religious doctrine.

Q Why did they have to learn secular education in

language and in the culture of their time?

[34] A Because they had to deal with the people of

their time. Each priest went out and he usually was a

pastor of a church, and he dealt with people and he had

to know their culture and their language and be able to

communicate with them.

Q What was the next major development in the

history of seminaries?

A After the Council of Trent it took some while—

Q No, we are speaking now about the Sixth Century

and the religious orders. Now, what happened after that,

the religious orders in the Sixth Century?

A The next major development, you might say, was

the founding of the universities in the Twelfth and

Thirteenth Centuries. And the universities were graduate

institutions like Bologna and Paris and Oxford, and they

had courses of instruction, and some of the men went

to the great universities for their instruction.

Q And what type of training was given to the priest

at that time?

A Well, it was the same type of training of secular

knowledge and religious knowledge.

Q Was their training at these universities completely

detached or were they under the supervision of someone?

A Well, at the universities both the religious orders

were represented. They had houses and there were other

[35] houses for the living quarters of the diocesan

priests. You have to make a distinction in the university

between a university and a college. A college was not

the same as we would call a college today. But were

rather a residence for the men studying at the university.

Q Did the bishop have any role in the training of

priests at this time?

A Well, there were still bishops who had their own

cathedral colleges in their own cathedrals. When they

went to the university they were outside the jurisdiction

PEE EB

22

of a particular bishop except a local bishop of that area.

And I would say that if a man went to the University

of Oxford and he lived in Cambridge, he would be under

the Bishop of Oxford even though, you know, he belonged

to Cambridge itself.

Q What was the next point or next event in the his-

tory of the development of seminaries?

A Well, it was the Council of Trent.

Q How did the Council of Trent change this prior

practice?

A Well, the Council of Trent—

Q Well, before we ask that question, did the Council

of Trent issue any legislation with respect to semi-

naries?

A Yes. In the year 1563 the Council of Trent issued

some formal canons on the training of seminarians.

[36] MR. SERRITELLA: Could you mark this as

Employer’s Exhibit No. 1, please?

(The document above-referred to was marked Em-

ployer’s Exhibit No. 1 for identification. )

Q ‘By Mr. Serritella) I show you what has been

marked as Employer’s Exhibit No. 1 for identification,

and ask you if that is the legislation issued by the Coun-

cil of Trent for seminaries?

A That is, correct.

Q Did this legislation change the practice prior to

the Council of Trent of training priests?

A No. It put it into code form, into canon form, so

that it was now formalized what had been practiced

before.

Q When you said “canon form” what did you mean

by “canon”?

A Well, the Church, the decrees of a council has

canons and they are paragraphs of doctrine.

Q_ They are part of an official compilation?

A That is correct,

Q What specifically did the Council of Trent legis-

late for seminaries?

A The Council of Trent made it an obligation on the

part of each bishop to have a school attached to his

cathedral for the training of men for the priesthood.

23

Q And what type of training did the Council re-

quire that each priest receive?

[37] A It required that they receive secular learning,

such as it mentions here, singing, grammar, computation,

but it also required religious education.

Q And why did—

MR. NATHAN: Excuse me. Can I clarify one point?

Did you say that the Council said you have to have a

school for each archbishop or each bishop? You said

“attached to each cathedral”.

THE WITNESS: The legislation was for each ca-

thedral, but it specifies in here that if the diocese is too

small and cannot afford to have this school, then a group

of dioceses can get together and have one school, a

regional school. .

MR. NATHAN: Thank you.

Q (By Mr. Serritella) Did the legislation of the

Council of Trent speak to the power and the authority

of the bishop over the training of priests?

A Yes. It made this his exclusive role. He was to

determine the curriculum; he was to determine who the

professors were; he was to determine the discipline of

the training.

Q Did the Council of Trent legislation mandate that

the bishop not share his authority over seminaries with

any outside institution?

A Yes.

[38] Q And why is that the case?

A_ Well, the Council saw that this is the obligation

of the bishop to train his own men, and he cannot

delegate this to someone else.

Q Is there anything about the nature of seminaries

that imposes this responsibility?

A Well, the nature is to train the man in true

doctrine and true practice of religion, and this is the

obligation of the bishop because the bishop is the head

of the diocese.

MR. SERRITELLA: Miss Hearing Officer, I would

like to move that the reporter strike the identification

and that the exhibit be admitted into evidence.

HEARING OFFICER: Is there any objection?

24

MR. NATHAN: No objection.

HEARING OFFICER: Employer’s Exhibit No. 1 is

received into evidence.

(The document heretofore marked Employer’s Ex-

hibit No. 1 for identification, was received in evi-

dence, )

Q (By Mr. Serritella) Monsignor Koenig, what was

the next major development in the history of seminaries

after the Council of Trent?

A Well, the first effort was to put this legislation

into effect, and many seminaries were started soon after

the Council of Trent. The first man who distinguished

himself in this regard was St. Charles Borromeo who

was the Arch- [39] bishop of Milan who lived at the

same time as the Council of Trent, and in France a

hundred years later there were several different theolo-

gians or founders of religious orders who worked at

this pursuit, chief among which was St. Vincent de

Paul who was the first man to distinguish between a

major and a minor seminary.

Q When did St. Vincent de Paul live?

A He lived in the Seventeenth Century. I believe,

if I recall correctly, that it was in 1642 that he founded

the first minor seminary.

Q And where did he found that seminary?

A In France.

Q And prior to 1642 there were no institutions called

minor seminaries?

A Well, the Council of Trent Said that they should

take in boys who are 12 years old to train them for

priests, and usually a priest was ordained in the middle

of his 20’s, so there was a school from 12 years of age

until 24 or 25, and that was a long time for a student

to be in one institution. And so St. Vincent de Paul

Saw the wisdom of separating the two into what he

called a minor seminary and a major seminary.

Q What sort of training was given to minor semi-

narians at the time of St. Vincent de Paul?

A The training was chiefly in what we might call

secular [40] subjects, but it was pointed out that the

25

chief subject should be religion. But they were taught

secular subjects such as languages and history and music

and science.

Q Monsignor, there are many unfamiliar terms here.

So the record is absolutely clear, could you please give

us a brief definition of minor seminary?

A Well, the minor seminary as we understand it in

our time?

Q Well, at the time of St. Vincent de Paul.

A Well, it depended upon when a man entered the

group, whether he was 12 or 14 or 16, but it consisted

mainly in teaching him the secular subjects together

with religion, and it was the school that lasted until the

time he studied philosophy. When he got to the point of

studying philosophy then he went into the major semi-

nary.

Q It was preparatory study, and it was preparatory

to the study of philosophy and theology?

A Philosophy and theology, correct.

Q What was the next major development in the

history of seminaries?

A The next major development was the founding—

the establishment of the Congregation for Seminaries and

Universities in the year 1915.

Q Again to make the record clear, would you please

explain what a Congregation is?

[41] A Well, the Pope, the head of the Catholic

Church, has certain groups of men to handle certain

types of business for him. It would correspond, I think,

to the Cabinet of our government. So that there are

different departments in the Church, and one of the

departments is the Department of what we might call

Education, and the Congregation that governs the educa-

tion especially of priests and papal universities is called

the Congregation for Seminaries and Universities,

Q Just to make it absolutely clear, this Congregation

is an institution at the very highest levels of the govern-

ment of the Roman Catholic Church?

A Correct.

Q And it is subordinate solely to the Pope?

A Correct.

26

Q And the Pope is the head of the Roman Catholic

Church?

A Correct.

Q And the Congregation for Seminaries and Uni-

versities was established in 1915?

A Yes.

Q Would you briefly explain the duties and func-

tions of the Congregation for Seminaries and Univer-

sities?

A The duty was to supervise all the seminaries in

the world and to see that they reached standards that

were set for seminary education regarding the curri-

culum, the faculty, [42] and the discipline in seminaries.

Q Let me see if I understand you correctly. If a

bishop were not doing his duty in supervising and op-

erating a seminary in his diocese would he be answerable

for it to the Congregation of Seminaries and Universi-

ties?

A Yes, that is correct.

Q How would he be answerable to this Congregation?

A Each Bishop of the Catholic Church is required

to make a visit to Rome every five years, and in this

visit to Rome he has to go to the different Congrega-

tions of the Catholic Church and submit a report, and

the members of this Congregation either approve or

disapprove of his report.

Q If the Bishop is not doing something in accord-

ance with the laws of the Church, this Congregation

will take measures to make sure that he does, is that

correct?

A That is correct.

Q We have been ising the term “Bishop” frequently

in the course of your testimony, and it is another one of

those terms which may be unfamiliar. and I would like

you to give us a brief definition so that the record is

absolutely clear on that point.

A The Catholic Church is divided geographically into

dioceses which are geographical territories, and the

Catholic Church has one man in charge of each diocese

and that man is called the Bishop.

27

[43] Q What is an archdiocese, since we have already

used that term and you said you were a priest of the

Archdiocese of Chicago?

A Well, some dioceses are larger in population and

in number of catholics than others, and in order to give

them a distinction due to their size, the man who is

the head of that territory usually is an Archbishop and

his territory is called an Archdiocese. And he then has

a position of influence with the other dioceses which are

in the territory. That is called a Province, the other

dioceses now. For instance, in Illinois there is an Arch-

diocese of Chicago, and there is the Province of the State

of Illinois, and you have five other Bishops.

Q_ That has been very helpful. Thank you.

What was the next major development in the history

of seminaries after the establishment of the Congrega-

tion for Seminaries and Universities?

A It was the Code of Canon Law which was pub-

lished in 1918,

Q What was the Code of Canon Law?

A It was all the laws of the Catholic Church gathered

together and put in formulation.

Q Was there a Code of Canon Law before 1918?

A Well, there was another one published back in

the Thirteenth Century called the Corpus Juris.

[44] Q But this is the first compilation since the

Thirteenth Century?

A Correct.

Q Did the Code of Canon Law contain any legisla-

tion relating to seminaries?

A It has a special section on that subject.

MR. SERRITELLA: Miss Reporter, could you please

mark this as Employer’s Exhibit No. 2 for identification?

(The document above-referred to was marked Em-

ployer’s Exhibit No. 2 for identification. )

Q (By Mr. Serritella) I show you what has been

marked as Employer’s Exhibit No. 2 for identification

and ask you if that is the portion of the Code of Canon

Law that relates to seminaries?

A Yes, it is.

28

Q Did the Code of Canon Law enacted in 1918

change the basic structure of seminaries as it was laid

down by the Council of Trent and as it developed after

the Council of Trent?

A No, it didn’t change the basic structure. It just

brought it up to date.

Q Did the Code of Canon Law change the require-

ment that seminaries give future priests a secular as

well as a religious education?

0.

[45] Q Did the Code of Canon Law change the ec-

clesiastical and religious nature of seminaries?

A No.

Q They were still ecclesiastical and religious institu-

tions?

A Correct.

Q Did the Code of Canon Law change the duties and

obligations of the Bishop with respect to the institution

and operation of seminaries?

A_ No, it just defined it.

Q And how did the Code of Canon Law define those

duties and obligations?

A Well, it was the sole obligation of the Bishop to

Supervise the seminary and to see to its curriculum

and discipline.

Q And this was the case since the time of St. Augus-

tine?

A Correct.

MR. SERRITELLA: Miss Hearing Officer, I move

that the identification be stricken and that Employer’s

Exhibit No. 2 be admitted into evidence.

MR. NATHAN: No objection.

HEARING OFFICER: Employer’s Exhibit 2 js re-

ceived into evidence.

(The document heretofore marked Employer’s Ex-

hibit No. 2 for [46] identification, was received in

evidence. )

Q (By Mr. Serritella) One word of clarification,

Monsignor. You explained what the Code of Canon Law

was. What is a canon?

29

A A canon in the Code of Canon Law is a specific

declaration of law.

Q If I may analogize to terms we use in the civil

law, which are probably more understandable to the

people who are Studying this record, is it like a section

or sub-section?

A Yes. It is a section of law.

Q Thank you.

What was the next major development in the history

of seminaries after the promulgation of the Code of

Canon Law in 1918?

A It was the Second Vatican Council.

Q And when did the Second Vatican Council occur?

A The second Vatican Council was held from the

year 1962 to 1965.

And again, so that the record is clear, what is a

council?

A A council is a gathering of the Bishops of the

Catholic Church together with the Pope to formulate

doctrine and discipline and law for the Church.

Q Now, we call this one the Second Vatican Council.

We called the other one the Council of Trent, Why do

they [47] have different names if they are the same

kind of institution?

A Well, councils in the Catholic Church are named

usually after the place where they were held, and the

Council of Trent was held in the town of Trent in

northern Italy, and the Vatican Council was held at the

Q Why do they call it the Second Vatican Council?

A Because there was a First Vatican Council in

1869 and ’70 at the Vatican.

Q Did the Second Vatican Council issue any legisla-

MR. SERRITELLA: Miss Reporter, I ask you to

mark for identification Employer’s Exhibit No. 3.

(The document above-referred to was marked Em-

ployer’s Exhibit No. 3 for identification. )

30

Q_ (By Mr. Serritella) Monsignor, I show you what

has been marked as Employer’s Exhibit No. 3 for iden-

tification and ask you if that is the legisiation issued

by the Second Vatican Council relating to seminaries?

A Itis.

Q Did this legislation change the prescriptions of the

Code of Canon Law for the operation of seminaries?

A No, it didn’t change it. It just brought it up to

date.

[48] Q What do you mean “brought it up to date”?

A Well, it realized that cultural differences had taken

place since the time of the promulgation of the Code, and

that these cultural differences should be recognized in

the training of priests.

Q Could you give us an example of the changes in cul-

ture that you are referring to?

A Well, I would say that one of the principal examples

would be the languages that, were taught in the seminary.

Q And what languages had been taught in the sem-

inaries prior to the Second Vatican Council?

A_ Well, prior to the Second Vatican Council the na-

tive language was always taught in the seminary, but there

Was special emphasis on Latin and Greek, and in the

present there is more emphasis on the vernacular lan-

guage than on Latin and Greek.

Q What do you mean by the vernacular and lan-

guage?

A I mean the native language of those who are

studying in the seminary.

Q You testified that the Second Vatican Council did

not change the basic structure of seminaries. Does that

mean that it did not change the duties and obligations

of the Bishop to operate seminaries?

A No. This is still the same. It is the sole obliga-

tion of the Bishop to supervise the seminary.

[49] Q Did it change the requirement that candi-

dates for the priesthood be given a secular as well as a

religious education?

A No, it didn’t change this at all.

Q Did it change the religious and ecclesiastical char-

acter of seminarigs?.

SE cl Mildly ant

31

A No. They still remain religious and ecclesiastical

institutions.

Q Did it abolish minor seminaries?

A No. It spoke of them and said that they had a spe-

cial duty in these days.

Q And what was that special duty?

A It was to train young men for the major seminary.

so that they would be ready to study philosophy and

theology.

Q Monsignor, I have one final question—I am sorry.

Miss Hearing Officer, 1 ask that the identification be

stricken on the Employer’s Exhibit No. 3 and move that

it be admitted into evidence.

MR. NATHAN: No objection.

HEARING OFFICER: Employer’s Exhibit 3 is ad-

mitted into evidence,

(The document heretofore marked Employer’s Ex-

hibit No. 3 for identification, was received in evi-

dence, )

Q (By Mr. Serritella) Monsignor, I have one last

question. In your professional opinion as a church his-

torian, [50] are the basic structure and laws governing

seminaries, both major and minor seminaries, from the

Council of Trent until the present day to which you have

testified, still binding on Bishops in the administration

of seminaries?

A Yes. These instructions are the most serious obli-

gations of the Bishop.

His most serious obligation is the training of

priests?

A I believe that is his most serious obligation.

Q And that is in your professional opinion as a

church historian?

A Yes.

[51] *** Q (By Mr. Serritella) Does the contin-

ued existence and viability of the priesthood depend on

the Bishop’s fulfilling his responsibility to institute and

operate seminaries?

MR. NATHAN: I have no objection to that.

THE WITNESS: Yes is what I would answer to

that question.

+. ca * *

CROSS EXAMINATION

Q (By Mr. Nathan) Monsignor, would you define

again for me what a seminary is?

A A seminary is a school for the training of priests.

Q Does it have any other purpose?

A Well, it gives a secular education to young men as

well as religious education, but it is for the training of

priests.

* * * *

[92] *** Q Would you again distinguish for me the

difference between a minor seminary and a major sem-

inary?

A A minor seminary, as I understand it, is a school

preparing a young man to enter a major seminary, and

the major seminary is where the young man learns phil-

osophy and theology.

Q What is a seminary high school?

A_ Well, a seminary high school is a new concept of

the last few years in which a seminarian’s education is

divided into a high school division, a college division, and

a theology division of four years, plus four years, plus

four years.

HEARING OFFICER: Excuse me. High school,

what?

THE WITNESS: College and theology.

HEARING OFFICER: Thank you. High school is

four years, college is four years—

THE WITNESS: And theology is four years.

[53] Q (By Mr. Nathan) Would you consider the

Quigley schools seminary high schools?

A I would, yes.

Q Would you consider them—in line with your defi-

nition would you consider them as minor seminaries as

well?

:

~ cupeanteetiedete sn ee ee le ee ee

Beebe ea stew ad

33

(60) *"** A “Since the Mass is the center of Chris-

tian spiritual formation, daily attendance is expected

of all. Every effort should be made to make this a com-

pletely meaningful experience for the adolescent. Music

and liturgy should, as far as permissible, be adapted to

the particular needs of the group.”

something that historically has always been the case?

A Historically I would say this has always been the

ite requirement.

[61] *** Q And who is the Cardinal of the Arch-

diocese of Chicago?

A Cardinal John Patrick Cody.

And would he, even though he is a Cardinal, still

be responsible to the Congregation for Seminaries and

Univer- [62] sities?

versities?

A Yes.

Q Now, as a student of those particular documents

which have been testified to, is the Archbishop of the

the operation of the seminaries in this Archdiocese?

A I believe he is,

34

[72] REVEREND JOHN R. KEATING,

called as a witness for and on behalf of Counsel for the

Employer herein, and after having been first duly sworn,

was examined and testified as follows:

. - * *

DIRECT EXAMINATION

Q (By Mr. Sennitella) Father Keating, could you

please state your business or profession for the record?

A Iam a Catholic priest ordained in 1958 and pres-

ently assigned to the Archdiocese of Chicago in the posi-

tion of co-Chancellor of the Archdiocese.

Q Could you explain for the purposes of the record

what a co-Chancellor is?

A_ A co-Chancellor is an administrative assistant to

the Chancellor of the Diocese, and he in turn is a major

administrative officer of the Bishop’s central governing

Office.

Q And what are your duties as co-Chancellor?

[73] A I assist the Chancellor in the day-to-day ad-

ministration of the Archdiocese and also act as canonical

counsel to the Chancellor, the Vicar General, and the

Archbishop of Chicago.

Q What do you mean by canonical counsel?

A It would be legal counsel in canon law.

Q Do you hold any other position with the Roman

Catholic Church? ,

A I am presently consultant to the United States

Bishops Committee for Canonical Affairs.

* * * *

[75] Q In view of your education, your professional

background, are you aware of your own knowledge of

the Church law that relates to seminaries?

A I am familiar with it, yes.

Q More specifically are you of your own knowledge

aware 9 the canon law as it relates to seminaries?

A Yes.

. * * *

35

Q What are the sources, the major sources, of Church

law governing Seminaries in the Archdiocese of Chicago?

A The major documents that currently affect semin-

aries in legislation are first and basically the Code of

Canon Law, which is the general law for the universal

Church which has been in effect since 1918. Subsequent,

and if you want to refer locally to Chicago, a document of

October 5, 1970; also in 1970 a document emanating from

Rome for the universal Church affecting Church sem-

inaries around the world called Ratio Fundamentalis—

[76] Q Could you spell that, please?

A R-a-t-i-o, F-u-n-d-a-m-e-n-t-a-l-i-s.— which was pub-

lished in 1970 and gives a—gives guidelines to the re-

newed programs of seminary training. Also in the United

States of America there is special legislation that follows

upon the Ratio Fundamentalis of Rome the following

year in 1971. It is called “A Program for Priestly For-

mation”’,

Q Who issued the Program for Priestly Formation?

A The United States Conference of Catholic Bishops

promulgated the document.

Q Are there any other major sources of law govern-

ing the seminaries in the Archdiocese of Chicago?

A Well, there certainly are what are called encycli-

cals. Almost every Pope has issued a major document

concerning seminaries because seminaries are so impor-

tant. To name a few: Menti Nostrae, M-e-n-t-i, N-o-s-

t-r-a-e, Pope Pius the Twelfth, 1951; Princeps Pastorum,

P-r-i-n-c-e-p-s, P-a-s-t-0-r-u-m, Pope John Twenty third,

1959.

Q Did the Second Vatican Council issue any legisla-

tion relevant to seminary training?

A Yes, it did. It issued a decree on priestly forma-

tion, one of the 16 major documents coming out of the

Second Vatican Council, and that document was promul-

gated in 1965.

* * * *

— Again directing your attention to the

first paragraph of Canon 1354, what is your legal opin-

ion as to the duties that canon imposes on the bishop?

36

A Well, primarily it imposes the obligation of estab-

lishing a seminary in each diocese. This particular canon,

strictly speaking, refers simply to that aspect of the es-

tablishment of seminaries, not the supervision of them,

which comes later in the law.

Q I direct your attention to the second paragraph of

Canon 1354 and ask that you read that paragraph for

the record.

* * om *

ioe) °° * @ Directing your attention especially to

the words “letters and Sciences”, aren’t these boys train-

ing to be priests and shouldn’t they only be studying reli-

gion?

A No, that is not correct.

Q What is not correct?

A The fact they should only study religion. They

must have an education, a high school education which

is on a par prevailing with the degree of culture with

their situation at this place and time.

Q And the mandate in this paragraph that the minor

Seminaries should give an education in letters and sci-

ences refers to that fact?

A Yes. And this, of course, was expanded in great

detail in subsequent documents.

. * * *

83] *** A Well, the law clearly prefers that there

be not only major seminary training but also minor semi-

nary training. This particular law refers to the larger

dioceses at least, or especially the larger disoceses, should

have minor seminaries. The preference of having minor

seminaries was again expressed more recently by Pope

John Twenty-third, the Pope who convened the Second

Vatican Council. When he was writing about the mis-

sionary endeavors of the Church he, in 1959, went beyond

what this particular law called for and called for the

establishment of a minor seminary in every missionary

diocese of the Church knowing that the growth of the

Church largley depends on its seminaries.

Q Is it your legal opinion then that the optimum,

prescribed training for a Catholic priest begins in the

ee

37

first year of the minor seminary and ends with the last

year of the major seminary, but that exceptions are

made so that a person can begin this training at a later

date, but those exceptions are not So extensive as to

eliminate the requirement of seminary training entirely?

A That is correct. The preference is stated in the

Law.

[86] A It reads: “In every seminary there must be

a rector for the government of the house, professors, an

economus,” E-c-o-n-o-m-u-s, “distinct from the rector for

the administration of the temporalities, at least two ordi-

nary confessors, and a spiritual director.”

Q What is a rector?

A The rector is the chief officer of the seminary who

discharges the responsibilities of the bishop in the semi-

nary.

Q Does the bishop have authority over the record or

does the rector have authority over the bishop as it re-

lates to seminaries?

A The rector is directly responsible or answerable

to the bishop.

* = 7 *

[89] *** Q I direct your attention to Canon 1363

—which is Paragraph 1206 in our translation—and ask

you to read the first two paragraphs of that canon.

A It reads: “The bishop should receive into the

seminary only boys of legitimate birth, and of such a

character that there is good reason to believe they will

perservere and work with success in the ecclesiastical

ministry.

Before they are received they must present testimonials

of legitimate birth, of Baptism and Confirmation, and

of conduct.”

Q What does this canon mean by legitimate birth?

[90] A The term here is used from canon law, and

it means an offspring of a legitimate Marriage which,

in turn, means a valid marriage in Church law.

Q What is a testimonial of legitimate birth?

38

A Usually the document that is preserved in the

parish archives concerning the birth and baptism of an

infant is sufficient proof.

Q What is baptism or a testimonial of baptism?

A Baptism, of course, is the first of the sacraments,

the rite of initiation into the Church. A testimonial of

baptism is an authentic certificate issued by the local

pastor who is in charge of the local archives.

Q What is the testimonial of confirmation?

A Likewise an authentic certificate issued by the

pastor of the place of Confirmation affirming the fact the

pastor has indeed confirmed the boy.

Q What is a testimonial of conduct?

A A testimonial of conduct is a reference of good

character.

Q What mandate does this therefore give to the bishop

in administration of seminaries?

A Well, rather remarkably, it assigns even such

things as admission policies and dismissal policies per-

sonally to the bishop, and this is an instance of showing

how the Church considers seminaries, that the details

of the opera- [91] tion of a seminary are entrusted to

the bishop.

Q I direct your attention to Paragraph 1207, which

is Canon 1364, and ask you to read that entire canon.

A It reads: “In the lower grades of the seminary:

first, the religious instruction should occupy the first

place, and it is to be adapted to the age and intelligence

of the pupi'ls; second, the students should accurately

learn Latin and the vernacular language; third, in other

branches of study the requirements of the clergy of the

respective countries is to be taken into consideration.”

Q What is meant by the lower grades of the sem-

inary?

A This refers to primarily the minor seminary.

Q What does Sub-section One of that section mean?

A Naturally since the aim and function of this par-

ticular institution is to prepare men for priesthood and

a religious iife, religious instruction has primary value.

Q What does the portion of that Sub-section that re-

fers to the age and intelligence of the pupils mean?

A It is just basically a statement of good pedagogy.

vies

athe sy ae OF th tty ates

wef. ne

39

Q Could you explain what you mean by that state-

ment?

A Well, good education takes into account the age

of the student and the intelligence of the students, so

that the method of teaching and the content are gauged

accordingly.

Q Could you read Paragraph or Sub-section 2 of that

para- [92] graph to yourself and explain what duties

that imposes on the seminary?

A It is a reminder that the learning of language and

verbal skills is important, especially the learning of

Latin.

Q What is immorality or offenses against Catholic

193] belief?

A I am sure you don’t care for examples of im-

morality.

HEARING OFFICER: I wouldn’t mind a few ex-

amples.

THE WITNESS: You are saying what is immorality?

To act contrary to the moral law is immoral conduct,

let us say, in general.

Q (By Mr. Serritella) What is the moral law?

I am just concerned that the person who has to read

this transcript understands the terms that are used, and

a brief definition that will help elucidate the text would

be helpfu’.

HEARING OFFICER: Would that encompass any

sin?

answer from the regulation concerning professors. Moral

turpidude would be an offense for which they might be

dismissed.

HEARING OFFICER: Off the record.

(Short recess taken. )

HEARING OFFICER: On the record.

The question was basically if you can give us a

relatively short definition of what immorality would

encompass.

40

MR. MOSS: Might I just comment at this point,

when you speak to the witness it is difficult to hear you

when you turn your head.

HEARING OFFICER: Did you hear my question?

I merely asked for a short definition possibily of im-

morality.

(94) THE WITNESS: Immorality in this particular

canon refers to serious moral misconduct. And example

which has been explicitly stated by the Holy See is, for

example, that homosexuality is cause for dismissal.

Q I direct your attention to this whole title, Title

Twenty-One, of the Code of Canon Law relating to

seminaries and ask you if this whole Title Twenty-One

applies in every detail to seminaries today?

A This particular law or section of the law, because

it is general law, applies to seminaries around the

world. Since then, of course, subsequent documents have

referred to the method as opposed to the structure of a

seminary in up-dating the procedures of achieving spiri-

tual maturity, educational maturity, and for this rea-

son the world program is continually used as opposed

to basic structures here in the law.

Q You said, I believe your testimony is, that some

things have changed and some things haven’t changed.

Could you tell [95] us what things have not changed?

A Well, foremost what has not changed is the fact

that the responsibility of directorship, the right to es-

tablish seminaries, the supervision, maintenance of semi-

naries, the disestablishment of seminaries is thoroughly

and immediately entrusted to the bishop.

Q That is still the case today?

A That is still the case today.

Q Does anything else remain the same?

A Well, I can certainly give you some examples.

The aim of a seminary, its purpose, remains the same

even in subsequent and most recent documents.

Q More specifically, does Canon 1362, which is Sec-

tion 1205 in the translation, still have validity today?

A Yes.

ve TO ‘se wh

a ee earner ee ee, ee

Wi eel te,

— er ‘a.

41

Q When you say that these sections have validity

today, do you mean that they are binding on the minor

seminaries of the Archdiocese of Chicago?

A Yes.

* * * *

(97] * * * Q Is the decree entitled “Decree on

Priestly Formation” binding on the minor seminaries

in the Archdiocese of Chicago today?

A Yes. P .

[104] * * * Q What is the primary reason for giv-

ing secular education?

A The primary reason is to prepare the man later

on in the ministry to deal with people in the certain

culture. Secondly, there are those who will not achieve

ministry, and they should not be ill-equipped to enter

into another vocation if they so choose.

Q Directing your attention again to Page 438 of this

document, I ask you if the Episcoal Conference of the

United States has drafted a program for the training

of priests in this country?

A Yes. First, following the direction of this de-

cree, the Holy See in 1970 drew up a basie program

of guidelines for priestly formation, which in turn was

used as a pattern for the Nationa] Conference of Bishops

to draw up their particular guidelines of priestly forma-

tion applicable to seminaries in the United States. That

document came out in 1971.

MR. SERRITELLA: I ask the reporter to mark this

as Employer’s Exhibit No. 4 for identification.

(The document above-referred to was marked Em-

ployer’s Exhibit No. 4 for identification. )

[105] Q (By Mr. Serritella) | ask you to read the

title on what has been marked as Employer’s Exhibit 4.

A “The Program of Priestly Formation of the Na-

tional Conference of Catholic Bishops, United States of

America.”

Q On what date was this document issued?

A On January 18, 1971.

* * * *

42

Q Is this document bindin on the Catholics j

United States? g € Vatholics in the

A Itis.

* * * *

[106] * * * Q I direct your attention to Page 46

of Employer’s Exhibit No. 4 and ask you to read the

paragraph on that page designated 202 to yourself, and

when you have read it, please let us know SO we can

ask you questions about it.

Yes.

Q What duties does this paragraph put on the bishop

for seminaries?

A iIt presumes the norms of the Code of Canon Law

in that the bishop is the one to establish and supervise

Do these three documents read together permit the

bishop to share his responsibility for the training of

priests with anyone outside the Church?

Q a is that the case?

irst, it is proper to the Church by the ve

Church is a church that it reserves rs

hd chloe se

CORA AI Wd Bile hain SAAR ay od heb Silas este

:

a

3

3

¥

43

formation of men for the seminaries. I think the Church

historically certainly has looked upon its control over

seminaries as really control over its lifeline. To a great

extent, the growth and the vitality, and in some cases

the very survival of the Church, depends upon the

Church’s responsibility over seminaries, the right to op-

erate them.

[108] To give an example to show this intense concern

of the Church, in countries where perhaps a hostile gov-

ernment threatens to take control of the seminaries, the

Church is quick to seek negotiations at the highest level

with that government, and indeed has concluded treaties,

called concordats, with various countries. A concordat is

a public, bilaterial treaty between the Holy See and the

top power of a given country regulating matters of mu-

tual concern and recurrently through concordats, espe-

cially now, too, in the Twentieth Century, a recurrent

item in concordat agreement is the freedom to operate

seminaries, to establish them, to supervise them to con-

trol the curriculum, personnel of seminaries.

Q In those corcordats the Church preserves its exclu-

sive right to operate seminaries, is that correct? Is that

your testimony?

A It reasserts its rights and seeks to guarantee these

rights, especially in places where they are threatened.

Q When you speak of the Church, you are speaking

of the Roman Catholie Church?

A The Roman Catholie Church.

Q The same Church of which the Archdiocese of Chi-

cago is a constituent part?

A That is correct.

Q The same Church that operates the minor semi-

naries in [109] the Archdiocese of Chicago?

A That is correct.

Q Could you give us examples of countries in which

such concordats are in effect?

A Well, there are scores of concordats. I can name

some recent ones, say, in the last 25, 30 years, perhaps.

There are concordats with Rumania, with Poland, Tu-

nisia, France, Spain, Ecuador, Bolivia, Dominican Repub-

lic, Italy, to name a few.

. s *

44

Q (By Mr. Serritella) Are there any countries hos-

tile to the Catholic Church with which concordats have

not been established?

h, yes.

Q Could you give ue examples of those countries?

A China, Peoples Republic of China.

Q And what has happened to priestly education in

those countries where there is no concordat and the gov-

ernment intrudes itself into priestly education?

A Priestly training there has been obliterated.

[110] Q How has it been obliterated?

A Through the closing of seminaries.

Why have the seminaries been closed?

A By governmental action.

[111] Q Why does the Program of Priestly Formation

Impose special admission requirements on those who want

. B. mgr hat do you mean by “suitability for the Priest-

A Refers to education, Spiritual, sometimes physical

requirements that would be needed to be an effective

Q Who sets those education, physical, and spiritual

requirements?

A The physical requirements have been set by the

Holy See in the Code of Canon Law. The spiritual and

to read that paragraph into the record.

A “Local seminary administrators are urged to con-

sult with parochial and public school officials of th2 area

NR MA RA ak ay May

ee ee ere

45

so that the seminary courses, as far as possible, may be

integrated with the educational programs of the vicinity.

[112] Some sharing of facilities and staff between semi-

nary and local high schools may also be advisable.”

I ask you to read the paragraph designated 353

which immediately follows.

Q “In planning the curriculum, the seminary high

school should take into account local or state require-

ments and the recommendations of State or regional ac-

crediting agencies.”

Q So that this portion of our questioning, is complete,

I would ask you to direct your attention to Page 82 of

Employer’s Exhibit 4 and read Paragraph 364 into the

record.

A “Approval or its equivalent on a state level shall

be required as a minimal condition of operation. Accredi-

tation on the regional level should be a goal of all such

schools. In the event that such accreditation is judged

beyond the resources of the institution in terms of man-

power or money, urgent thought should be given to amal-

Q What do these three paragraphs taken together

mean?

A They are referring to that section of the Formation

which is academic. You might use the phrase “secular

education” that is mandatory in the region. , This type

and quality of education should also be emphasized in the

seminary.

e * * *

(114) *** Q Before we leave the statement of the

National Council of Catholic Bishops, I have one further

question. You were testifying about concordats. Is there

a concordat between the United States and the Vatican?

No.

* * aa «

Q (By Mr. Serritella) I have you what has been

marked as Employer’s Exhibit No. 5 and ask you if you

can identify that document?

46

A This is a report made by Bishop Grady in the name

of the Archbishop, the Auxiliary Bishops, the Vicars Dele-

gate, and the Consultors to members of the faculties of

Quigley North and Quigley South, under the date of

October 5, 1970, .

(115) Q What was the purpose of this document?

A This announced a decision approved by the Arch-

bishop concerning the up-dating of the program of train-

ing at the two Quigleys.

Q Was this document prepared in accordance with

the Code of Canon Law, the Decree on Priestly Forma-

tion of the Second Vatican Council, and the Program for

Priestly Formation by the National Conference of Catho-

lic Bishops to which you have previously testified?

A It does. However, it should be pointed out that

this pre-dates by several months the Program of Priestly

Formation of the National Conference of Catholi¢ Bish-

ops. However—

Q Which document takes precedence then?

A Well, they both apply, one nationally for the na-

tional scene, the other locally for the local institutions

involved. However, I want to point out although the

local document here predates the national] document, the

chairman of the committee that drew up the national

document happened to be one and the same Bishop Grady

who is the author of this report, so this is the reason

why it is in total accordance with the subsequent docu-

ment of the U.S. Bishops.

Q What is the legal status of the Employer’s Exhibit

5? Is it binding on the seminaries of the Archidocese of

Chicago?

A It is.

[116] *** Q How did the document change the ad-

mission policy of the minor seminaries of the Archdio-

cese of Chicago?

THE WITNESS: The Paragraph here under 1 is

the innovation in admission policy. Hereafter admission

is open to boys who not only have expressed positive de-

47

termination to pursue the priesthood but also boys who,

in the [117] judgment of parish priests have the kind

of character and temperament which might lead to the

personal discovery of a vocation to the priesthood.

Q (By Mr. Servitella) What does that mean?

A I would say that it means that—the—it is acknow]-

edged that many vocations, at least in the levels, the

minor seminary level, are tentative, and one of the aims

of a minor seminary is to uncover and solidify a tentative

vocation so that it becomes positive and active.

Q I don’t understand how your answer relates to

that Subsection B.

A Well, according to the wording of this regulation,

I would say that interpretation is that as a qualification

for admission, enrollment, in the seminaries hereafter a

lad need not positively and in a determinate way express

pursuit of the priesthood. However, he has the references

of the parish priests who are able to state that this par-

ticular lad has the fitness to pursue the priesthood, and

that therefore he may well discover a vocation to the

priesthood durin his training.

Q And as a matter of law, would students who do

not have the character, ability, and temperament which

might lead to a personal discovery of a vocation to the

priesthood be excluded from admission to the priesthood?

A They should be according to these regulations.

[118] Q Asa matter of law, did this alteration in this

document of the admission policy at Quigley change the

character of this institution from being that of a semi-

nary?

A No. The structure and nature and function of the

seminary remains the same.

+ * * *

[120] THE WITNESS: This is a way of restating

what has been the Church’s awareness always regarding

seminaries, that the life of the Church depends upon the

life of the seminary. In fact, the term used in the Vati-

can Council document referring to seminary is that it is

the heart of the diocese, that it is the center of Vitality

and growth and the effective means of pursuing the mis-

48

sion of the Church in the world. The Church depends

upon seminaries as an indispensable vehicle of training.

Q (By Mr. Serritella) And this applies to Quigley

North and Quigley South, the minor seminaries of the

Archdiocese of Chicago?

A This document does not change the status of a

seminary to a non-seminary. The institutions continue

to be seminaries, and, as a result, are affected by the

subsequent documents of both the U.S. Bishops and the

Holy See that deal with seminaries, yes.

* . * .

[124] * * * MR. SERRITELLA: Page 12, Roman

Numeral Three, first paragraph.

THE WITNESS: Um-hum.

Q (By Mr. Serritella) How does this relate to the

administration of seminaries?

A It speaks of the lay portion of the seminary fac-

ulty.

Q What prescriptions does it lay down for the lay

portion of the seminary faculty?

A It reminds the lay member of the seminary faculty

of the added responsibility of being a part of this par-

ticular faculty in the sense that the students are being

prepared for the priesthood, and also the lay faculty

members are reminded that there is even a result upon

the faithful later on who will be served by these particu-

lar students whom they are now educating, and this is

taken as a great trust placed in the members of the

faculty.

[125] Q Is it also a mandate?

A I understand this as rather a reminder of the par-

ticular importance of the lay member of the faculty and

the influence it has ultimately on the ministers of the

Church and the people whom the ministers will serve.

Q The document really puzzles me. How can an in-

stitution admit people who do not have an intention to

be priests and still be a seminary?

A The seminary is not according to those regulations

to admit boys who do not wish to be priests. It does allow

admission of boys who, without positive and determined

49

will to pursue the priesthood, nonetheless have the tenta-

tive inclination towards priesthood.

Q Is that consistent with the Code of Canon Law?

A It is.

Q Is that consistent with the decree from Vatican

Two?

A It is.

Q How is it consistent? It seems to be directly con-

tradictory. ie

A No. I mentioned earlier that the priesthood is a

rigorous path to achieve, and that the attrition rate is

remarkably high. It is understood totally by the Church

and by seminary authorities that the vast majority of all

the students, even those who from the very first day have

an ardent, positive desire to pursue priesthood, never

make [126] it. This is quite in accordance with the un-

derstanding of the Church.

Q_ Has this understanding changed from the time of

the Code of Canon Law?

A No. It is a perennial fact of life, of seminary life.

[128] ** *Q (By Mr. Serritella) As a result of your

foregoing testimony and as a result of your expertise as

a canon lawyer, I ask you your opinion of what is the

essential character of a seminary, a minor seminary,

today?

A The reason for the existence of a seminary, the

purpose, aim, function of a seminary, is to prepare men

for the Catholic priesthood.

Q I ask you what is the position of the bishop with

respect to a seminary today, seminaries like the minor

seminaries in the Archdioxese of Chicago?

A He operates those seminaries for that same purpose.

{129} Q I ask you, can the Bishop today share his

authority over such institutions with any outside group?

A He is not free to transfer responsibility for the

operation of seminaries to others.

Q And that is a matter of Church law?

A Yes.

Q I ask you in view of all the foregoing how or why

do seminaries today give a secular education?

50

A It is absolutely presupposed and been underscored

again and again in the recent documents that a secular

education has to be obtained by a student before we can

even begin to think about the added qualifications of

priestly ministry.

Q And this is also 2 matter of law?

A It is absolutely mandated.

Q As a matter of Church law?

A Yes.

a * * *

[133] Q But you do not feel that following those rec-

ommendations or the state accreditation authority would

be an interference with the delegation of authority, the

prohibition against the delegation of authority on the part

of the bishop in the operation of a seminary high school?

A The Bishops’ law recommends such.

Q Right. So there would be no conflict?

A That’s right.

Q So when we say that the bishop cannot share, dele-

gate to any outside body the operation of a seminary,

that is, of course, taking in line with the fact that there

are certain public bodies that may have standards which

the bishop may choose to follow?

A Yes.

Q And in fact, the Program of Priestly Formation

recommends that particular course?

A Yes.

* * * 7.

[160] * * *

MONSIGNOR FRANCIS A. BRACKEN,

called as a witness for and on behalf of Counsel for the

Employer herein, and after having been first duly sworn,

was examined and testified as follows:

HEARING OFFICER: Please be seated and give

your name and address to the court reporter.

THE WITNESS: Monsignor Francis A. Bracken,

1220 West Catalpa.

t

Ps

i

;

7

3

7

o 51

DIRECT EXAMINATION

Q (By Mr. Serritella) Monsignor, what is located

at that address?

A That is the Rectory of St. Ita Parish.

Q What is your business or profession, Monsignor?

A Iam a Catholic priest, the Archdiocese of Chicago.

Q Do you hold any position in the Archdiocese?

A Yes. I am the Vicar General, the delegate of the

Archbishop for administrative matters.

Q Could you briefly explain your duties in that posi-

tion?

A As the Vicar General, I am the chief executive or

administrative office next to the Ordinary of the Diocese.

Q What is the Ordinary of the Diocese?

A That is an ecumenical term for a man who is the

bishop or archbishop of this particular diocese.

[164] ** * Q What is The Catholic Bishop of Chi-

cago, A Corporation Sole? Could you explain the legal

designation?

A It is a corporation which is vested in the person of

the one who canonically holds the title of Bishop or Arch-

bishop of Chicago and recognized as such the by the State

of Illinois.

Q Was that a special act of the legislative?

A This was a special enabling act of the Legislature,

[167] Q _ (By Mr. Serritella) Monsignor, I show you

what has been marked as Employer’s Exhibit No. 8 for

identification, and ask you to read the title on that docu-

ment.

A “The Official Catholic Directory, Anno Domini

1974”,

Q Who published that document?

A It is put out by the Kennedy Company, but the

authorization is of the Bishops’ Conference of the United

States.

Q Does the Archdiocese of Chicago, or The Catholic

Bishop of Chicago, appear in that document?

52

A It does,

Q On what page of that document?

A The complete listing of the Archdiocese of Chicago

begins on Page 462 of this issue.

« * o

[168] ** * Q I eall your attention, Monsignor, to

Page 174 of that directory.

A Page 174?

Q About a quarter of the way down the page there

is a title. What is that title?

A The overall title is “Institutions of the Archdio-

cese’’,

Q What is the first sub-title under that title?

A “Seminaries, Diocesan’.

Q What are the first listings under that sub-title?

A In Chicago, Quigley Preparatory School North;

then Quigley Preparatory Seminary South.

Q Could you please give the addresses of those insti-

tutions?

A The Quigley Preparatory, North, is 103 East Chest-

nut Street. Quigley, South, 7740 South Western Avenue.

Q Are any other institutions listed under the sub-title

“Seminaries, Diocesan’?

A Mundelein, St. Mary of the Lake Seminary, and

Niles, Niles College of Loyola University. This com-

pletes the listing.

Q Are those official seminaries of the Archdiocese of

Chicago?

A They are.

Q By their presence in the official Catholic Directory

[169] are they officially recorded by the United States

Conference of Catholic Bishops and the National Confer-

ence of Catholic Bishops as seminaries?

A They are.

Q Are they officially recognized as seminaries by the

Catholic Bishop of Chicago, A Corporation Sole?

A They are.

Q Are high schools listed anywhere in that directory?

A Yes, they are.

Q Where are high schools listed in the directory?

53

A The heading begins on Page 175 and has several

divisions, I believe.

Q High schools, you are referring to Catholic paro-

chial high schools?

A Yes.

- * . .

[171] Q (By Mr. Serritella) Monsignor, I show you

what has been marked as Employer’s Exhibit No. 9 for

identification and ask you to read the title on the cover

of that document.

A Seminaria Ecclesiae Catholicae.

Q Could you please spell those words?

A S-e-m-i-n-a-r-i-a; next word, E-c-c-l-e-s-i-a-e; third

word, C-a-t-..-0-l-i-c-a-e,

Q Who published that document?

A It is published—I will read it in Latin. Sacra Con-

gregatio de Seminariis et Studiorum Universitatibus.

Translated it is Sacred Congregation of Seminaries and

of Higher Studies and Universities,

Q Is that the—

A This is an official listing of the seminaries.

[172] ** * Q I direct your attention to Page 1313

of that document, the bottom of the page. Would you

please read the listing that begins at that point?

A I will read it in Latin, and where necessary, trans-

late into English for your benefit.

A “Chicago”, which is referred to by the Latin word

Chicagiensis, and the date of establishment 28th of No-

vember, 1843; the Metropolitan City; and reestablished

in 1880.

Q That refers to Chicago?

A Asa See, an episcopal see.

Q And the listing under that is?

A Seminarium Maius: followed by the words “St.

Mary of the Lake Seminary (Mundelein, Illinois).

Q What does seminarium maius mean?

[173] A Means major seminary.

Q I will ask you to skip the narrative under that

title and go on to the next listing under Chicago.

54

A “Seminarium Minus.”

Q Go ahead.

A “Quigley Preparatory Seminary, 103 East Chest-

nut Street, Chicago, 11, Illinois.”

Q What does seminarium minus mean?

A Means minor seminary.

Q There is a long, about a six-line Latin text—

A Which I will translate for you.

Q —below that listing.

A It was established by Archbishop James Quigley

in the year 1905. In the year 1917 Archbishop, later

Cardinal, George Mundelein constructed a new building

to which the anem of the second Archbishop of Chicago

he placed upon it. The seminary in the year 1926 was

enlarged. In the year 1960 through the efforts of His

Eminence Cardinal Albert Meyer a new edifice was

built to which was given the name Quigley Seminary

South because of the site in the southern part of the

City of Chicago. And on the 12th day of September,

1962, was opened.

Q. Monsignor, are the high school—

A I would like to correct that word. Really it should

be dedicated.

(174) Q Thank you. Are the parochial or catholic

high schools in the Archdiocese of Chicago listed in this

directory?

A They are not.

Q Why not?

A Because they are not seminaries.

[175] * * * Q (By Mr. Serritella) Monsignor, I

show you what has been marked as Employer’s Exhibit

No. 10 for identification [176] and ask you to read the

title on the cover of that document.

A The title reads “U.S. Catholic Institutions for the

Training of Candidates for the Priesthood”.

Q Who published that document?

A_ An organization called CARA, which are the letters

for Center for Applied Research in the Apostolate, Wash-

ington, D.C, »

’

,

.

55

Is this organization an official branch of the Ro-

man Catholic Church?

A Itis.

How is it related to the Roman Catholic Church

in the United States?

A It is the research arm for the Conference of

Catholic Bishops in the United States. _

Q What year was this document published?

A “CARA Seminary Directory, 1974.”

Q Are the Quigley North and Quigley South Semi-

naries listed in this directory?

A They are.

Q On what pages do they appear? ,

A On Page 21 under listing number 157, Quigley

Prep School-North; on Page 22, you have under No.

158, you have Quigley Preparatory Seminary-South.

Q Are the parochial high schools or catholic high

schools in the Archdiocese of Chicago listed in this

directory?

[177] A They are not.

(180) * * * Q Monsignor, now that you have tes-

tified as to the composition or the institutions included

in the Archdiocese of Chicago seminaries, could you

briefly describe the progress of a young man from the

earliest years in those institutions to ordinate as a priest

so that we know what we are talking about?

A Upon graduation from an elementary school the

usual procedure or policy in the Archdiocese for the lad

if he desires or has thought of becoming a priest would

be to enter one of our two minor seminaries, depending

upon where [181] where he lives. He goes through an

academic and a formation preparing there. Also he has

certain evaluations on the part of the seminary itself.

On graduation from the particular institution if he has

still the desire to continue, has met the necessary stand-

ards of the institution, and has the approbation of the

faculty, he would enter Niles College at Niles, Illinois,

where he would continue his education at the college

level. There would be a more organized, if I might use

56

the expression, formation program developed. Again he

would have to meet the various academic criteria, the

progress and character development. He would have to

keep his intention of proceeding on to the priesthood, and

if, in the judgment of the proper faculty and administra-

tors of the seminary, he would receive approval he would

then enter St. Mary of the Lake Seminary at Mundelein,

Illinois, and begin the study of theology. This, of course,

is a four year program. As Niles, it has a number

of different programs. Basically it is theology. At the

end of that period, if he has again met the necessary

standards, still has the desire for ordination, has the

approval of the seminary itself, he enters a petition

requesting ordination to the Ordinary of the diocese

and on the proper day he would be ordained to the

priesthood in the Archdiocese of Chicago. This is a

very brief sketch. There would be many, many things

that could (182] be added; in the interest of time I am

presenting it in schematic form.

Q Does the Archdiocese permit students to ent

Niles College who did not d f the

Seon! graduate from one of the

A There is a policy of admission. It is of co

different from those coming from the Quigley pintetnine,

{183} First of all, there is an Admissions Board. There

is a great deal more evaluation required because it is

not known, the character and so forth of the man, his

ay for a a is not the usual procedure.

s graduation from one of the Quigleys and desig-

nation of the student’s good standin ce

a se Niles College?” accent

f the young man graduates from Quigle i-

nary, either one of them, and has the Basen | iy

faculty there is no further admissions procedure re-

quired, such as would be from a non-Quigley student.

Q Do you know—and I am not sure this is within

your knowledge—the percentage of students at Niles

College right now that

the Catelonet came from schools other than

57

A I do not kNow the exact number. All I could say

is a relatively small percentage.

rig9} * * * Are you familiar with that document,

Monsignor?

A lam.

Q Did you participate in the preparation of that

document.

A I did.

Q Do you supervise generally the administration of

the directives contained in that document?

A Ido.

(190] Q And you administer the administration of

those directives insofar as it relates to Quigley North

and Quigley South?

A Ido.

Does that document speak to the admissions policy

of those institutions?

A It does.

Q Could you direct your attention to the specific

portion of the document that speaks to the admissions

policy of Quigley North and Quigley South?

A On page 2, as far as the second half of the page,

there was a motion that for a one-year experiment there

would be a change in the admission policies of the two

Quigleys.

Q What was that change?

A The change was that they would accept boys

properly recommended and having a sufficient academic

ability and moral character in whom there might be a

chance or a potential if they did come to the Quigley

seminaries they might develop a positive vocation to the

priesthood.

Q And such boys were permitted to enter the

Quigleys after the implementation of this directive in

addition to boys who had a positive desire to be priests?

A That is correct.

Q You testified that this was a one-year experiment.

Has the experiment been renewed?

58

(191] A The experiment has been continuing to the

present and has been undergoing very serious evaluation

at the present time.

Q Has it been renewed on a year-to-year basis?

A It has.

Q What was the purpose for changing the admis-

sions policy of the Quigley?

A The purpose was as true throughout the entire

world that there was a decline in the attendance at

seminaries and the recruitment of candidates for the

priesthood. It was thought perhaps opening the minor

seminaries to a wider choice of boys would help to

overcome the trend toward a decline in vocations, and

this was on an experimental basis to see what would

happen.

[216] * * * A What is called Quigley today was

founded in 1905 by Archbishop James Edward Quigley

and was originally called the Cathedral College of the

Sacred Heart.

Q Was the Cathedral College of the Sacred Heart the

“— — seminary of the Archdiocese of Chicago?

es.

Q And by “minor seminary” you mean a seminary

that gives training at the high school level?

A Yes.

Why was the original minor seminary of the Arch-

— of Chicago called Cathedral College of the Sacred

eart

[217] A That was a custom that was followed in many

places. The Bishop usually tried to locate his seminary

as close to his cathedral as possible because part of the

scheduling of the seminary involved participation in the

ceremonies held at the Cathedral and usually wherever it

was possible selective seminarians would act and be

on ceremonies and as much cases possible they would be

part of the choir system of the Cathedral.

It, of course, has reference to a very early develop-

ment historically, the Bishop, and in the very ancient

days following Trent, before even they would actually

59 .

uct their seminary themselves, of course, the Bishop s

= church was a atioieal and it was all, you might

say, tentatively one complex. Not elaborate perhaps, but

| would say there were two reasons, a very ancient or

they’re working with and studying under the a

supervision of the Bishop and his staft at his cathedra

and, secondly, practical advantages from the ——

of education, being part of the Cathedral ceremonies an

music program.

- * * *

(221) Q During this period, 1905 through 1962?

A 1961, basically.

Q I’m sorry. ane you familiar with the curriculum

at the minor seminary?

A Yes, I am.

Q Are you familiar with the extracurricular ac-

tivities? '

A Ye am.

Q pecke this period were secular subjects taught

the students in addition to religion?

A Oh, yes. alae ,

Why is that the case

toed it’s necessary for a complete education or

a preparatory education for college work. It would be

taken for granted if we require a secular education as

part of any education, so definitely we had all the usual

subjects that would be common to a college prepara-

tory curriculum.

ae You testified as to what was the ath-

tic ae ao, the beginning until the mid- 60’s. Do

you know what the current athletic policy is?

A The current athletic policy, beginning about 63,

’64, was to engage both in—rather, in an highly-developed

physical education program, which would touch all the

students, to keep a basic intramural program and then

to go into varsity sports, and that is the policy in effect

resent time.

e ag ts there anything about a seminary which makes

varsity athletics objectionable?

A No, there isn’t.

me — bong explain that answer?

t’s a question of ped -

eral outlook on the scene. en om

_ In different periods of time and in different stages

in our culture, in our academic outlook there have been

different viewpoints, It’s a question, if you can pro-

vide these things, and there are different ways of pro-

viding them, certain there’s nothing intrinsically wrong.

There has been a shift and I think it is very ap-

parent that in the older seminaries there was the idea

of what we call, for the sake of the discussion, a closed

seminary idea.

In other words, I think you can see traces of it in

this document of October the 5th where it definitely men-

tioned that there was an overprotective aspect to it, this

type of thing, and with the changing and some of the

reactions of Vatican II we moved from what was called

the philosophy of a closed seminary very broadly into

what we could call an open seminary development in

which we would allow the seminary to participate much

more naturally and openly in the psychology and the

various aspects of pedagogy that were taking place on

the American scene.

So, with that in mind, it was quite natural that var-

sity athletics which brings the seminarians into open

competition with their peers and the same grade level or

[230] school-type organizations would be but a natural

development.

There is a great deal of interest in the American

scene in athletics, professional and, of course, in the edu-

cational institutions and this spills over into an institu-

tion such as the seminary.

There’s certainly nothing intrinsically wrong with the

engaging of seminarians in competitive sports with their

peers, other institutions, and the present outlook is that

this is a very healthy thing and worthwhile thing.

ame *** Q Catholic priests are celibate; are they

A They are.

61

Q What does that mean?

A That means that, when they are ordained origin-

ally, they took this particular solem promise at the time

of the de actna. Now, they take it at the time of de actna.

They give up voluntarily the right to be married.

Do priests get any special training for celibacy?

A The whole approach to the seminary formation

system is to prepare them for this type of life and that

is one of the reasons that there is a fair amount of em-

phasis on athletics. It’s sort of an outlet for energy and

for interest to help them in their later years.

[233] Q Has the training for celibacy carried on in

the minor seminaries from 1905 until the present changed

at all?

A Yes, there has been some change, and, of course,

it’s tied in with shifts in what we say behavioral science

and psychology and the church over the years tries to

adapt itself and its techniques and its training institu-

tions in accord with the findings that come from other

fields of knowledge.

The basic idea that a priest is going to be a celibate

doesn’t change, but how you prepare and condition a

man for that, there certainly are different ways of doing

it.

I mentioned earlier that we had the principle of the

so-called closed seminary system, and that was in ex-

istence; and, when we came over to American from the

European seminaries and it was a very vigorous type of

existence and psychology.

In the last 15, 20 years the findings of modern psy-

cology, and that has brought out the idea that a priest

is going to live in the world; that the adolescent, when

he’s going to make a commitment to celibacy, should

understand very fully what it means in modern life, his

training, and the programs that are used in the semin-

aries should reflect the different thinking.

[234] The end product would be the same, but the

means to accomplish it are quickly different and actually

are different.

So there were some very restrictive policies when I was

both a student and a teacher in the seminary with re-

gard to the social life of the seminarians.

62

This has been broadened considerably and the changes

begin in the early 1960 while I was still in the faculty

and we had many, many meetings, and many, many dis-

cussions and we had an input from people, phychological

disciplines, and some of the documentation, and so forth

coming from Rome and some of it’s reflected, of course,

in the program, the priestly formation that there has to

be a shift in this, wanted a more natural infironment for

seminarians to develop in.

There was no reason why there could not be mixed

social events, and this type of thing, but there should

be the pointing out and supervision, and so forth, that

goes with it; that the day will come when they must

make a decision. Are they going to enter the life of the

priesthood with its obligation of celibacy and with a full

knowledge of what that means, the giving up of marriage,

the right to have children, and so forth, or are they going

to decide this is not the life for me, “I don’t think I want

to live that type of life, I cannot give up that part of

me, if you want to put it that way. [235] and so even-

tually the decision wisely made with their counselors,

advisors, district directors, in terms you want to use

with them, is made.

* . * oe

[240] *** Q Has this high attrition rate been part

of the [241] Archdiocese seminarian system from 1900?

A The present rate, no. There was a better survival

rate from entering Quigley to ordination percentage-wise

in the earlier years.

The dropout rate, which we are now facing, definitely

is much higher, and it is now, however, peculiar to the

Archdiocese of Chicago. It’s reflected in the seminaries

throughout the world according to the studies that we

have.

* * * *

[251] Q Do Catholic high schools always have chap-

els?

A_ No, they don’t. Most of them have. If they have a

resident facility for the faculty, they will have what they

call a small or tiny house chapel for the religious faculty.

63

Many of them in no way have what they would call

a student-size chapel. ,

Q Why does Quigley have a student-sized chapel :

A Because the overall purpose, it’s a seminary, a

place for the training of young men for the priesthood

and the religious formation, aspect certainly has very high

priority, and this chapel, when it was originally built,

was gauged to a size where every student attending the

seminary could be fitted in for various religious cere-

monies.

* + * _

[259] * * * Q Monsignor, has the Archdiocese posi-

tion on lay teachers in seminaries changed from the early

days about [260] which you just testified to the present?

A The basic concept that is good for the students to

see lay people end realize that they are very capable,

able, and dedicaed people has not changed.

The idea of having them or the need for having them

has changed somewhat and the early days we definitely

had an adequate supply of priests and we would have

not been required to use lay teachers in the seminary

system.

Today there is a shortage of priests in the Archdiocese

and in fact in most diocese throughout the world, and

for that reason we have found it more necessary to use

lay teachers in our seminary system.

[262] * * * Q Monsignor, does Quigley South have

a chapel?

A ~ It was what we call technically a chapel.

[263] * * * Q Monsignor, is such a chapel part of

the ordinary architecture of a Catholic school in Chicago?

A I would say definitely not.

[271] *** Q I didn’t ask a question yet, Monsignor.

Monsignor, who operates the Archdiocesan seminaries?

A Legally it would be the Catholic Bishop of Chicago,

a Corporation Sole. Pe

Q And through what intermediaries does he operate

the seminaries?

64

A He operates by the appointment of rectors for each

of the seminaries. At the seminary itself, between that

there are other facets.

Q Who are the intermediaries between the Catholic

Bishop and the rectors?

A I would say the principle one would be the Vica

General [272] acting in the name of the ordinary Arch-

diocese.

(274) ** * Q Is the Archdiocese of Chicago School

Board the intermediary between the Catholic. Bishop and

the seminaries of the Archdiocese?

A No, it is not.

Q How are these seminaries administered?

A They are administered directly under the super-

vision of the Arenibishop and in certain areas I collabo-

rate with him as a Vicar General.

Q Why is that the case?

A Because I believe it came out very strongly in ecu-

menical presentation that the seminaries being internal

ecclesiastical schools in the training of the priesthood are

a direct responsibility and a personal responsibility of

an Ordinary.

[276] ** * Q I direct your attention to page 29 of

Employer’s Exhibit No. 15, to the hearing on that page

that reads “Subsidize and Donations,” and ask you to

explain the entries under that heading.

A “Details of subsidy for the seminary system were

for the fiscal year to make up the operating deficit, St.

Mary of the Lake Seminary, a million twenty-five thou-

sand; Niles College, $695,000; Quigley North, $193,000;

Quigley South, $455,000, for a total of $2,368,000.

Q What is the total subsidy given to Parochial schools

in the Archdiocese?

A For this particular year maybe, I believe, 10 or 11

of them, hardship schools. It would be $600,000. .

(277) Q How many high schools does that go to?

A That would be, I believe, for this year, I think we

subsidize either nine or eleven.

65

Q Is there such a disparity between the total subsi-

dies given to the seminary and the total subsidy given to

the Archdiocesan high schools?

A Well, the basic responsibility of the operation of

the financing of the seminaries is tied in with the obli-

gation of the Bishop to have the seminaries to operate

them, and they are his particular responsibilities.

He does not have the same responsibility for the regu-

lar high school in the Archdiocese and the different type

of institutions.

[288] ** * Q _ (By Mr. Serritella) Monsignor, in the

course of your testimony today and previously you re-

ferred to certain differences in the administration of

seminaries and the administration of Parochial schools

from the point of view of the Archdiocese.

I would ask you now to testify in a more orderly

fashion and perhaps list those differences for purposes

of the record.

A There are a number of points involved here. First

of all, with regard to the administration, it was pointed

out that the rectors are the delegates to the Ordinary

for the actual day-to-day operation. The Bishop is held

canonically responsible for the operation of seminaries,

his seminaries, and to implement this he has begun a

series of monthly meetings which I attend ex oficio and

which various policy matters, decision, plan- [289] ning,

budget presentations, personnel questions, so forth, are

all considered. This is a matter of personal involvement.

He actually chairs the meetings and these occur with the

frequency of approximately once a month.

All four rectors are at each meeting, depending on the

particular facets of an agenda. Sometimes the business

managers or procurators are also present or other people

involved. It’s also ex oficio. The priest who takes care

of vocational work attends these meetings and acts as

secretary.

The Ordinary, therefore, is definitely involved in the

operation of the policies, and so forth, for the seminaries.

He does this, of course, for no other type of institution

66

such as the high schools in the Archdiocese. Their work

is done, that type of thing is done through the Archdio-

cesan School Board.

With regard to the financial operations, the actual ap-

proval of the budget, the handling of the funds which

are involved in the budget are all handled through the

physical Office of the Chancery. The employes’ checks are

prepared and sent out, 99'% per cent of the time I signed

those checks.

The vouchers for various items, bills, what have you,

are all handled as a part of the bookkeeping. In fact,

there is no real bookkeeping at the local seminar- [290]

ies. That is all a matter of work done at the Chancery.

We don’t do this for other schools. This is just because

of the connection of the seminaries’ personal involvement

of the Archbishop.

* * * *

[291] * * * Q What accounts for this special treat-

ment for the administration of seminaries?

A The fact that by Canon Law he is made responsi-

ble for—a Canon Law interpreter, sometimes when he

gets into this section of Canon Law, points out that it’s

really the first obligation of an Ordinary to take care of

the seminaries, points out the relationship very clearly,

so I don’t think there’s any question in the Canon Law

aspects of it that certainly from what actually takes

place here in the Archdiocese of Chicago there isn’t any

difficulty about making a place that the seminaries have

in the Archdiocese and the relationship of the Ordinary

to them.

Q Is there any other reason for this special treat-

ment?

A I don’t see whether it would be another reason. I

think the—first of all, it’s a matter of obligation and,

[292] of course, the overall reason is to provide priests.

(304! ** * MR. SERRITELLA: That concludes our

direct-examination of Monsignor Bracken, and Mr. Na-

than may inquire.

67

CROSS EXAMINATION

[309] * * * Q Is a young man who is ordained—

strike that, please. If two men are ordained from St.

Mary of the Lake and one of them went to or through

the Quigleys, one of the Quigleys, but the other one did

not, is there anything in canon law which would make

the one which did not go through the Quigleys any less

of a priest?

[310} *** A No, there isn’t.

[335] * * * Q Who developed the curricula at the

Quigley Schools? es

A The original development is obscured in history

going back to 1905. But basically it has been an evolv-

ing program reflecting the educational concepts that

are developed in corresponding institutions of secular

teaching. The men who are responsible for the institu-

tions have taken work in curriculum building. They

usually have degrees in the field of education. My own

background, I took a course in curriculum building.

And usually the work is done through faculty committees

where there are major changes to be made; the prograin

is discussed and developed. If it is going to be a major

shift, it can sometimes be taken up in committee with

the Ordinary there to be sure there are no problems.

There are many influences at work. Some indication is

given, of course, as you recall, [[{336] from the canon

law. You have to have the basics of secular education.

‘So it is, you might say, a resultant effect of many in-

fluences at work to try and make the educational pro-

gram, the curriculum, the best available for the par-

ticular purpose which is basically college preparatory.

(3371 * * * Q Now, you mentioned something about

the North Central Association and some recent inspec-

tions. What are you referring to?

68

A Both schools are accredited by the North Central

Association, and several years ago—because they don’t

do it every year—the North Central made its usual

inspection evaluation of each of the two schools. They

send in a team of qualified people in various areas, and

then they evaluate the school against the philosophy of

the school. In this case this happened to be special

schools. So they were evaluated as special purpose in-

stitu- [338] tions, namely the seminary aspect of it.

Q Now, you covered a lot of ground there. What is

the North Central Association? It is not clear on the

record what we are talking about.

A The North Central Association of High Schools

and Colleges is a regional accrediting association, volun-

tary but very predominant in the Midwest, which tries

to coordinate educational policies to attain the best pos-

sible program, make sure that students are properly

prepared for college entrance, things of that type, and

it has been in existence for many years. It is highly

respected in its particular field.

Q Is it a Church-related organization?

A No. It is an independent organization.

Q Does it evaluate or set standards for other private

schools, other than religious-affiliated private schools?

A It is able to evaluate schools both public and pri-

vate.

[344] ** * Q Are the Quigley Schools also accredited

by any other non-church affiliated agency?

_ A You are using the word “accrediation”, I presume,

in its very technical scense?

Q No. I am using it as rather a general sense. May-

be accreditation does not fully fit.

A They have full recognition from the Department of

Education of the State of Illinois.

Q Does the Department of Edueation of the State of

Illinois have any standards?

A Yes, they do.

Q Do the Quigley Schools meet those standards?

A They do.

69

(346) * * * Q (By Mr. Nathan) Are there any

standards the School has to meet in order for —

students to be eligible for scholarships from the State o

wei would say the different scholarship programs

have different purposes and different requirements. I

think that we are talking—basically we keep in the realm

of the recognition by the State of Illinois. Public law

requires certain basic requirements for graduation, and

these, of course, are easily met by the Quigleys.

Q The Quigley Schools do meet those statutory re-

quirements?

A Yes. '

[347] * * * Q Do you know what particular varsity

sports presently exist at either of the two Schools or both

. A T could give a general answer because there are

some very minor differences in the programs at the two

Schools. They have a varsity basketball, they have it in

baseball, they have it in swimming; I believe they also

have it—at least in one School—in tennis. They are

preseutly building up in soccer. And I guess I men-

ll. .

t308) “ MR. NATHAN: Would you mark this,

please, as Petitioner’s Exhibit 2 for identification?

(The document above-referred to was marked Pe-

titioner’s Exhibit No. 2 for identification. )

MR. NATHAN: I would say for the record as I

distribute this that I have physically blotted out the

name and the salary of the particular individual who

supplied me with this contract. It is not germaine to my

tioning.

ar) (By Mr. Nathan) Monsignor Bracken, do you

recognize the form of this document?

A Ido. ,

(356] * * * Q And would you tell me what this

document is?

“A This is a contract, a blank form for practical pur-

poses, which is used for the employment of lay teachers

at Quigley North and at Quigley South.

70

(357) ** * Does this contract set forth the terms and

conditions of employment for teachers at the tw igley

Schools? s e two Quigley

A Yes.

[358] * * * Q Does this contract also set out the

fringe benefits for the teachers that the Corporation

provides?

Q sn general it does.

n general it does. How does i i r

or ot do specifically? S it do it specifically

ell, it mentioned two fringe benefits

others, namely, the Blue Cross-Blue Shield cake weit

cal, and it also makes reference to a pension program.

It does not bring in the fact there is a $2,000 life in-

surance policy during their term of employment.

Q. Let us take this. Let’s take the life insurance

first. Is this a life insurance policy which would cover

an employee as long as he was a lay teacher at the

two Quigley Schools, either of the Schools?

(359| A It would cover him as long as he is an em-

agg of The Catholic Bishop of Chicago. A Corporation

* * * >.

- * 4

(371) - *" Q There is also reference in this contract

to a pension plan. Is this the same pension plan which

e C !

Vv n

(372) ** * Now, there is a he i

| Now, alth insurance provided

in this contract. Is this the same general health insur-

ance provided to other regula -ti ;

of the Corporation? gular, full time, lay employ ees

A Yes.

(374) *** Q Are the lay

[ . y teachers at Quigley N

and Quickley South Preparatory High Scho A hese

e . as this one .

71

(375) * * * (By Mr. Nathan) Now, as set forth

in Appendix B, which is the last page of this document,

lay teachers receive a certain amount of money in addi-

tion to their regular salary for participating in or di-

recting various extracurricular activities, is that correct?

A That is correct.

Q Would you just briefly—I don’t want to burden

the record—but just briefly explain to me How this

works? I see a lot of percentages. I see numbers,

I-H-S-A, or letters rather, I-H-S-A, for baseball—basket-

ball rather. Explain how this system works.

A Across the top we have 0-3, 4-6, 7-9, 10-12, 13-15.

That has reference to the years of experience of coaching

or moderating the particular sport or activity. The per-

centages are based on the master starting salary for that

'376] particular school year. The master salary would

be $10,000. And for varsity, because the coach is in his

first three years for an activity, he would be paid 9

percent of that salary. The following year if the master

salary had increased, he would still be in that same cate-

gory because he would be in the same category, but he

would get an increase because the base salary went up.

The numbers in front, 22, 18 has reference to the actual

number of varsity public appearances. It is based on

that rough approximation of responsibility.

The I-H-S-A, the Illinois High School Association, that

would be for teams which would be participating in that

particular league arrangement and so on down the line.

Some of these things are common to both schools, so

there were certain general exceptions made because the

responsibilities were different. Actually they were sup-

posed to be carried, which recommendation came from the

Teachers’ Committee at both schools working together

investigating, as I understand, what was being done at

similar types of institutions.

Q And this Teachers’ Committee then made recom-

mendations to the whatever—delegation at the time?

A They funneled them through me, and I took a—

set up a process to have them approved.

Q And who was on this Teachers’ Committee?

72

wens cummntitonn iets two dierent sikedis thet werhel

eee ools that worked

os Tey —— oe teachers only?

To

mE..1..-4. y Pagers pol = nd veal

tS - ,

oat e past have met with

Po FS) a —, had Ny difficulty with the time

saniniiane of MP cg ll p Feed ao Pay an

of this contract, other than the schedule for fringe

benefits? To fee—provide i

sy tle p input for salary structure and

A Yes.

Q And who determines the sala

\ ry structure, or what

connection do you have wi ini '

— y th determining the salary

A I am Executive Officer of th i

\ e Archdiocese. I, of

course, have a superior. The superior works with various

committees, financial committees, Board of Consultors

- hoe committees from the financial world, and so a

ecision of this type usually involves all these elements.

And thi Py

other a salary schedule did involve these

(380| *** There was one other poi

point that I neg!

. ask you before, and I apologize for taking this mye

equence. We talked about celibacy and dating and the

like. Is dating or hete :

at Niles Calle A : rosexual general relations allowed

; A : oy we will have to put i

round. It is not absolutely prohibited.

Q_ It is tolerated then? . ste

A Yes. In the lower years.

t the other way

73

Q It would not be tolerated at St. Mary of the Lake?

A No.

(383) en?

REDIRECT EXAMINATION

(388) *** Q (By Mr. Serritella) Let me put the

question a different way, Monsignor. At any point in

time has the policy of dismissing a student at the Quigleys

when that student has ceased showing an interest in or

promise for the priesthood changed over time?

A I think I understand your point. There has been

_there is a history involved. And the years in which

1 worked primarily at Quigley and for shortly before

I left Quigley it was a policy, and as a result of an

agreement with other Catholic high schools, that they

would accept students any time from the Quigleys if a

student would be dismissed or [389] for good reason

wished to drop, depending on the circumstances, either

during the year or at the end of an academic year.

In fact, at one time there was an actual regulation in

the diocese that a boy who came to Quigley and was

dismissed was taken into a Catholic high school. That

regulation gradually fell into disuse, and a policy, a

definitely worked out policy, was developed that a boy

would under ordinary circumstances always be allowed

to finish his present academic year, and from there came

the policy that unless there were problems of discipline

or major problems academically he would be allowed to

continue at Quigley until he graduated. And that is

the policy that is presently in effect, which explains

why we have a fairly high graduating class. And then,

of course, the decision has been made sometimes as much

as two years before of not continuing for the priesthood.

Q Just to pin it down and relate it to my previous

question, while the percentage of students who entered

one of the Quigleys and went on to Niles College or to

the college level remained relatively stable over these

years, the percentage of students who entered the

74

——— and actually graduated from the Quigleys in-

A Correct.

Q Does the Archdiocese com

pel students wh

ion a ee to go on to Niles College? —

) y no means. The policy is to ask them t

consider again what th i i thi rie

scone we, mpg ey are doing. So if anything, we

MR. NATHAN: Excuse me. I didn’t hear the last

question completely. Co ;

qnewer weed. - - v uld I have that last question and

(Record read. )

Q (By Mr. Serritella) Monsi

from one of the Quigle isignor, is graduation

: ys and designat

ge yg erm to admission to Nile. a Gus stant

raduation from Quigley, i :

Q That is correct. Quigley, is that your question?

A That is correct. That is the policy.

ber * * * Q Monsignor, in connection with your

mony about the North Central Association you used

ote A bogie accreditation and recognition. Is there

, r 4 ° :

ws Rew status which a school can have in the State

A Yes. There would be. It wa i

; s the term wh

a bth aa —— document, “Program For pes

at , and it amounts to the term, as I recall it,

2 psc does that mean?

pproval is meeting the minimal requir

~y operation of the school in this State. In aio sae

indicat not give it any type of prestige value. It merely

ee ond State recognizes—and I use that in the

se—does consider this particu] j

f a mame as a school, has a tee ‘of adiene,

inn yo a regular day-to-day schedule. They take roll

a Nay Pres nrg =— ga of informational

: a buildi i

would allow to be used under its Fire ~_ laa

75

Q Is approval of an institution a pre-condition to its

functioning in a State?

A In the State of Illinois it is.

Q There is no—there is no discretion on the part of

an institution as to whether or not they should seek

approval?

A The State to my knowledge—I deal with the var-

ious agencies of the State—they are concerned about a

number of things, namely that the institution is giving

what is necessary to meet the laws of the State regard-

ing compulsory education, school attendance; that would

be one of the laws that would be involved.

Q If you are not going to an approved school you

are not going?

A You are not meeting the requirements of the State

law on school attendance.

Q Compulsory education?

A Compulsory education.

* ee * .

[395] * * * Q How does recognition differ from ap-

proval?

A Recognition means that the State actually has an

evaluative process of the organization and so forth, but

a great deal of their attention is spent on the plant it-

self, plant facilities, and with regard to the standards

that are mentioned in the laws of the State of Illinois.

They have certain requirements which must be in your

curriculum to be recognized as a school. The law de-

mands it. You have, for instance, certain things about

the Constitution; you have certain things about drugs

and alcohol which, I believe—now I would have to check

to see how they are worded—which I believe have to be

in. They have certain minimal requirements for English,

but they are not, you might say, concerned with the over-

all excellence of the school such as another agency would

be which is an accreditation agency.

Q Can a school operate if it is approved but not rec-

ognized?

A Yes, it can.

76

[396] Q Is it discretionary with an approved school

whether or not to seek recognition?

A Yes, it is.

Q How does accreditation differ from recognition?

A Accreditation is a voluntary asking to be accredit-

ed, and with the particular group that we would be work-

ing with, the North Central, they have a very elaborate

process of self-evaluation which takes many months to go

through and takes a great deal of internal organization

committees, and you must file these reports—they are

voluminous—and usually it is followed up by a physical

inspection of the building and conferences with faculty

committees and so forth; even a more detailed study of

the certification of your teachers’ records; the keeping

of records for students; the processes. It is sort of an

almost total collecting of information and evaluation on

a particular school. Its purpose is for, from the stand-

point of the school, it carries with it a great deal of

prestige. It also enables a greater communication of

a on reer yg to another, and having

e from such a se it i i

pr sg Prema ool it is much easier, therefore, to

[402] ** #

RECROSS EXAMINATION

[403] * * * Q (By Mr. Nathan) Y

Mr. ou also k

about approval and recognition. Is Quigley, the Quigley

Schools, merely approved or .

the State? ” are they also recognized by

A They are recognized.

[407] * * * gn

MONSIGNOR JOHN P. O’DONNELL,

called as a witness for and on behalf of C

ounsel f

Employer herein, and after having first been duly wt

was examined and testified as follows:

ee eer. er tLe were Tare ree cen ert rin” | Vee UG pr eee Ur ean eat yr

a ied

Rb St wi cere

17

DIRECT EXAMINATION

Q (‘By Mr. Moss) Monsignor, would you be so kind

as to state your full name?

A Monsignor John P. O’Donnell.

Q What is your profession?

A Iam a Roman Catholic priest of the Archdiocese

of Chicago.

* * * *

.Q Okay. Could you briefly characterize the nature of

your business?

A Iam the Rector of Quigley Preparatory School

North, the secondary school which is part of the Chicago

seminary [408] system educating boys from the 9th

through the 12th grades.

Q Now, you have stated you are a Rector. What is

a Rector?

A A Rector is the chief administrative officer of the

seminary.

Q Okay. What are the duties of a Rector?

A Subject to the policy given to me by the Archbishop

of Chicago, I coordinate all the efforts of our school, aca-

demic, guidance, extracurricular, all the concerns of the

school toward accomplishing this goal.

[410] * * * Q Would you like to describe for us

briefly the content of that which you teach?

[411] A The course I am teaching now is a course

given to seniors. It is a course in which we begin to

bridge the gap between teaching of religion and the teach-

ing of theology. In other words, what they have been

accepting on the authority of their teachers and elders

as they have been youths is now carried over through

into embracing this with the reasons behind the teaching

which they have accepted under this authority, so that

we introduce them to the philosophic system which under-

lies the theological tenets they have previously embraced.

78

Q Is religion a required subject at Quigley?

A Yes. All four years, five days a week.

ca * * .

[412] Q (By Mr. Moss) What kind of institution is

Quigiey North?

A _ Quigley North is a preparatory school whose pur-

pose is to attract the kind of student who has the poten-

tial for the priesthood, give him an enriched Catholic

secondary education, so that hopefully a good number of

the entering freshmen will be attracted to pursue the

studies for the priesthood at a later date.

_ Q Could you tell us, please, in your professional opin-

lon as a Catholic priest and as the Rector of Quigley

wente what the reason for the existence of Quigley North

is?

[413] A It is the only successful way we have found

to recruit a priest to serve the Archdiocese of Chicago.

* * * *

{415} *** Q (By Mr. Moss) Does the minor semi-

nary of which you are Rector offer courses in secular

education?

A Yes, we do.

* * a *

[416] * * * Q Is there any distinctive form your

accreditation takes?

A Yes. We are accredited as a school of special pur-

pose.

Q What is a school of special purpose?

A It is distinguished from a comprehensive high

school which serves a general area and must take in all

the students who apply and then build its curriculum to

adapt to the students who apply. On the contrary, we

accept students only of a special category as they fit our

purpose and our curriculum, rather than the other way

around.

[417] Q Does the special accreditation relieve you of

any obligations which other high schools have imposed

upon them in terms of curriculum?

A Yes.

79

'423] Q Now, as long as we are on the subject of

where you draw your students from, can you tell us if

a non-Catholic child would be admitted to your institu-

tion?

A No, he would not.

Q Why not?

A He doesn’t qualify in the most basic essentials of

our admissions policy. He is not in any sense of the word

a potential candidate for the priesthood.

MR. MOSS: May I just have that answer read,

please?

(Answer read.)

Q (By Mr. Moss) Do you know if other parochial

high schools in the Archdiocese in Chicago admit non-

Catholic children?

A Yes, they do.

* * * ®

[424] ** * Q Do you receive applications from stu-

dents seeking to gain admission to Quigley as a prepara-

tory school?

A Yes, we do.

Q Are they regularly accepted or are they accepted

at all, if you know?

A They are not accepted at all.

Q Why not?

A Because they don’t fulfill the basic requirements of

our admissions policy.

Q Which are?

A The student must have potential for the priesthood.

I took your question to mean that these were students

who were just seeking secondary school education but

they were not Catholics.

Q You took my question correctly.

Let me just expand on that a moment. What if they

were Catholic children, males, in this instance just seek-

ing secondary education. Would they still be accepted or

not [425] accepted?

A They would not be accepted.

80

Q Again for the same reason?

A Same reason.

Q Now, there has been ample testimony to the fact

that you have both a religious and secular curriculum, is

that correct?

A Right.

Q Would you be so kind as to describe both curricula

since you are responsible for them? Take them sepa-

rately.

A Yes. The religious curriculum requires each stu-

dent to study religion five days a week all four years he

is in the school. The secular curriculum requires him to

study English all four years, mathematics for two years,

science for one, history for one, the same foreign lan-

guage a minimum of two years. In addition to that—

that is the core—in addition to that there are a number

of electives he can choose in the Liberal Arts curriculum.

(429] *** Q Who conducts these religion classes?

A Priest faculty.

Q The lay faculty have any relationship to the reli-

gious education program?

A Yes. They help. They are very valuable in the

help they give, frequently on a voluntary basis in addi-

tion to their assigned teaching classes.

Q But it is in addition to their assigned classes?

A Yes. We don’t have any lay teachers teaching reli-

gion.

(430) * * * Q (By Mr. Moss) Monsignor, what is

an Apostolic program as it relates to Quigley North?

A The Apostolic program as it relates to us refers

to the program in which your students do voluntary serv-

ice work. We encourage them to begin from freshman

year to spend the equivalent of one hour a week in volun-

tary service, in helping with the sick, the poor, the handi-

capped, tutoring children, things like that. Some of our

students go to Veteran’s Hospital—Administration Hos-

pital, rather, which is in the neighborhood of one after-

noon a week. They do simple things like pushing wheel-

chairs, carrying trays—

81

Q I don’t think we need to know what they do in the

s.

— the Apostolic program bear any relationship to

the liturgical schedule or does it tie into that program

in any way?

“s ng It is a carryover because the purpose of the

schcol is to help students graduate to identify themselves

with a life of service, and in the liturgical observances

they see the reason for such service, and the Apostolic

program is proof they are accepting the convictions from

their religious instructions, carrying them over through

{431] service to their fellow man.

How does that tie in with the basic philosophy of

igley North?

ay Well, the priesthood we think of as the ultimate

life of service. If the student is realistically moving to-

wards that goal he has to give proof of it in the develop-

mental period that he is more than a self-centered human

being.

What are the catechists?

A The catechists are the students whose Apostolic

program is centered in teaching catechism largely to un-

derprivileged children in the nearest—near north side.

Q What is catechism? _

A Catechism is the method of teaching religion at

the elementary level.

* * 7 +

[432] ** * Q Was there a specific objective with the

design of this liturgical program? —

A Yes. The liturgy is essentially a teaching means

as well as a formal worship, and as a teaching means we

hope to develop the student’s own personal Faith so that

he will upon graduation come to a mature awareness,

appreciation, of his Faith with a vital, quite an adult

commitment to it.

Q How does that fit into the philosophy of your in-

stitution?

A Well, we want all the graduate students to have

a very [433] mature appreciation of their Faith and

commitment to it. We want particularly that proportion

82

who is going to apply to the seminary college and be

approved for it to be outstanding in that respect.

[434] *** Q (By Mr. Moss) Monsignor, are there

any admissions requirements for students at Quigley

North?

A Yes, there are.

Q Would you be so kind as to tell us what they are?

A The student who applies to Quigley North has to

come with the recommendation of the Pastor of the parish

in which he lives and the Principal of the school at which

he is attending. The Pastor and the Principal have to

attest to the fact that this student does have potential

for the priesthood. Specifically, this means that first

of all he has to come from a stable family background

where he has grown up in a wholesome environment

such as would produce an emotionally stable personality.

Secondly, he has to have given some kind of evidence

in his grade school experience of being an unselfish per-

son who at that level of development already has given

signs of being social-service oriented. He has to be

intellectually endowed to the level he is [435] achieving

at least at grade level so that he predictably is going

to be a successful college student and capable of doing

graduate work beyond that since the expectancy would

be that ultimately he would be studying theology. He

has to have professed the Catholic Faith to the extent

that he has proved that it is of value to him and that

his perserverence is an indication that his personal be-

liefs should be taken seriously. Now, if the Pastor and

the Principal can support the boy’s application through

this kind of recommendation, if he passes our admissions

testing, we accept him as a freshman.

Q Are there any other kinds of records which a

potential student must present to be able to be admitted

to Quigley North, the institution which you administer?

A Yes. Backing up these qualifications by way of

proof we require that his intellectual competency be

supported by records from the grade school; his physical

ability to be supported by medical records from a recent

83

physical examination; that his membership in the

Catholic Church be supported by baptismal and confirma-

tion records; and that this later be supported by the

marriage certificate of his parents, all this beginning a

cumulative file which lasts for the _twelve years he

hopefully will be spending in our seminary system.

I would like to direct your attention to two por-

tions [436] of your answer. One: why must he present

a certificate of marriage of his parents?

A There is a canonical requirement derived from

canon law which requires you have legitimat birth. We

establish birth by his parents’ marriage certificate on

file.

. * * *

(452) * * * Q Would you just briefly state why it

is you were accredited by both institutions? That is,

the State of Illinois, Superintendent of Public Instruc-

tion, and North Central Association, so we will be clear

on the record?

A It is simply a matter of prestige. For many years,

we had only the recognition by the State of Illinois that

was quite sufficient for our purposes. |

Q Those purposes are what I am interested in.

A Those purposes are chiefly to make sure we are

at least abreast of the ordinary education provided for

the population of the State of Illinois, and, secondly,

that our graduates would be so recognized when they

would leave our schools and gain admission to the colleges

of the region as having come from a duly recognized

school.

[454] Q * * * (By Mr. Moss): Monsignor, you

have before you what has been marked for identifica-

tion as Employer’s Exhibit 28. Would you tell us what

that is, please.

A This is the —— form for a boy ap-

i enter Quigley North.

—. it ane this recommendation form be filled

out by all persons applying to Quigley North?

84

A Must be filled out by the Pastor and the Principal

of the applicant.

Q Pastor of what?

[455] A The pastor of the parish from which he ap-

plies and the principal of the school from which he

applies.

Q Why do you require a pastor’s recommendation?

Because we are looking for more than the boy

who is academically able. We are looking for the boy

who, in addition to being an able student, is also a

person who has the kind of character, ability and tempera-

ment in which an interest in the priesthood is likely to

be awakened during his secondary school years.

And we rely, for that evaluation of the boy’s char-

acter, upon these two people operating in their profes-

sional capacity as his pastor and principal.

Q Now, looking at the exhibit, itself, is there any-

where recited on that exhibit the reason or purposes of

the recommendation?

A Yes. It implies it in all five of the categories.

Q I direct your attention to the first paragraph of

the exhibit, the purpose of Quigley North.

A That is a very succinct statement of the kind of

boy we are looking for.

Q What kind of boy is that?

_ A Well, first of all, the boy who is already interested

in the priesthood as an adult goal, or, secondly, the boy

in whom it is likely that this interest might develop

during adolescence.

(456] Q Do you know if a similar form or identical

form is required by an ordinary parochial high school

in the Catholic Archdiocese of Chicago? .

A Itis not required.

(461) é * * Q Okay. Now, Monsignor, are there

any special testing procedures used to gain admittance

_to Quigley North?

A Yes, there are.

Q t ild you describe them.

85

A The student comes with two recommendations; one

from his pastor, one from the principal. They already

certify that the boy meets the requirements of becoming

a student in our school.

In addition to that, we give him an academic testing

which lasts about three hours, which we then use as

corroborative evidence that the boy is, indeed, what the

pastor and principal [462] says he is.

MR. NATHAN: Would you read back the last an-

swer?

(Answer read. )

Q (By Mr. Moss) Are those tests given in any

special time or time difference from other tests given

in the parochial system?

A Yes. They are given five to six weeks earlier

than the Catholic secondary schools in the Archdiocese.

Q Are they the same tests?

A Similar.

Q How are they different, and why are they given

earlier?

A Well, they are different in the sense that we simply

use a—it is a standardized test given by, prepared by a

commercial firm.

We give one that is not generally used, so that it will

not be in conflict with the one given later by the other

schools. We give it six weeks earlier so that we have

the preference in searching out the students who are

particularly the kind we are looking for, and, of course,

a great number of those who apply are not accepted.

Sometimes it runs as high as 30 or 40 percent.

These students have to be advised of this fact that

we cannot accept them, and then they have time, after

being so advised, to take the test for an ordinary Catholic

high school the second Saturday in January.

[463] Q Then you use a different test so that they

won't take the same test twice?

A Yes. This is of deference to other schools who

give us this privilege, because we are a_ specialized

school, and in the way of rendering a courtesy to them,

86

we try to make sure we don’t expose the general testing

they are going to use.

* * * .

[464] * * * Q (By Mr. Moss) Monsignor, how

many faculty members do you have?

A We have 18 full-time faculty members.

[485] * * * Q Now, have you ever dismissed a stu-

dent from Quigley [486] North before he graduated?

A Yes, we have.

Q What reasons, without being too terribly specific

in terms of identifying, what reasons led to the dis-

missal?

A The reasons that would lead to his dismissal

would be those that would convince us that he was out

of place in our school.

Q Out of place, how?

_ A Out of place either academically, which would be

indicated by the fact he could not be successful in our

clergy, or curriculum, or out of place in terms of char-

acter and personality. That he neither had the aptitude

for a person whom we would find suitable in aspiring to

the priesthood, or else his character was such as to be

disruptive of the general good order of the school and

hindering our accomplishing of our purposes with the

general run of students.

Q Let me ask you this: Have you ever dismissed a

student who had an adequate academic performance who

it was felt was not a good candidate for the priesthood

and dismissed him for that reason?

A Yes, we do that every year.

[489] ** * Q Now, when did Quigley North become

a four-year school, if you can recall?

A In 1961. September, 1961.

[498] * * * Q (By Mr. Moss) Monsignor, do your

students take any standardized college admission tests?

87

A Yes. They are required to take the American

College Testing tests.

Q Now, American College Tests, all students take

that?

A Yes, they do.

Q Do they take any other tests?

A A number of them voluntarily will take the Scho-

lastic Aptitude Test, the College Entrance Exams, board

division of that.

Q Do they take the PSAT?

A Yes, they do.

Q Would you tell us what that is?

A That is the test taken in the year earlier given

mostly to junior students. It is called the Preporatory

Scholastic Aptitude Test, which will be a predictor of

[499] how they will do in the college entrance test.

Are all these tests required?

A The PSAT is required of the juniors, the ACT test

is required of the seniors, the SAT test is not required

of seniors, but many of them take it voluntarily.

[502] * * * Q Why is your ratio of counselors so

high?

A Well, the nature of our school we have to be sure

not only of the student’s academic ability, but we have

to be constantly evaluating him, seeing whether or not

he is moving along in terms of character and personality

growth to be a student for further study for the priest-

hood. '

This requires a great deal more study.

Q Do you have a formation department?

A Yes, we do.

Q What is it?

[503] A The Formation Department is concerned

mostly with the giving of religious instructions and the

development of the student’s character and personality

according to the lines outlined in our philosophy and

objectives that we expect him to adopt and live up to

Christian values and extraordinary degrees as we earlier

described.

88

Q Is the Formation Department part of your counsel-

ing or in addition to it?

A It is in addition to the Counseling Department.

Counseling Department is largely reacting and evaluat-

ing to the student. The Formation Department is largely

building up, hopefully developing the kind of student who

is going to favorably pass the scrutiny of the Counseling

Department.

(504) * * * Q Do the parochial high schools have

a Formation Department?

A_ No, they do not.

[507] ***

CROSS EXAMINATION

(514) *** Q Now, you teach Theology Four, is that

correct?

A Yes.

Q That is for seniors?

Q Right.

Is there a course Theol One for freshmen?

[515] A Yes, there is. aad oy

Q Theology Two for sophomores?

A Yes.

Q Theology Three for juniors?

A Yes.

2 a there any other courses in theoiogy?

0.

Q How many days a week do Theology One, Two and

Three meet?

Q Five.

Has it always been five days as

MP ad y ys long as you have

A Yes.

Q How long are each of those classes? How many

minutes per day?

A Forty-five minutes.

4

j

}

Q Now, in addition to those courses, how many other

courses does the average or typical student take in his

freshman year?

A Five.

Q Now, would those—so that a student would have

six forty-five minute classes during the day?

A Normally.

* * aa *

[517] * * * Q Would you review for me the courses

that a freshman is required to take in addition to the

Theology One?

A English, social studies, mathematics, foreign lan-

guage, music, physical education, did I mention social

studies?

* * * *

[518] ** * Q (By Mr. Nathan) Let us go to the

second year.

What are the required courses in addition to (519]

Theology for second year students, sometimes called soph-

omores?

A He has to take English, he has to take mathematics,

and he is given opportunities to take an elective from

there on.

Q What electives are available for second year stu-

dents?

A Social studies, .vreign language, an individually

guided education program which is so complicated.

Q Does he receive credit for that course?

A Yes, he does.

Q What field would it be in?

A It is inter-disciplinary, combines science, art, lan-

guage, socia! studies.

Q What science is available to a second year student?

A Biology or advance biology.

[522] *** Q What about music?

Are any music courses available to a second year stu-

dent?

A Yes.

90

Q What courses in music are available to second year

students?

A Well, the music course is largely one of apprecia-

tion and enjoyment, rather than production of music.

= * + *

[523] ** * Q Let us go to the third quarter.

What courses are required for third year students

other than Theology or Religion?

A The Theology course and the English course, physi-

cal education are required.

[524] * * * Q Now, let us go to the electives. In

addition to that, a student would select three others and

gym, three other courses; is that correct?

A And gym you said?

Q Yes?

A As distinguished from physical education?

Q Iam sorry, physical education?

A Yes.

Q So that now those three might come from science,

math, social studies, language, art or music; is that cor-

rect?

A Right.

Q Now, let us start with science.

What science courses are available for the third year

student?

A Chemistry or advanced biology.

Q By third year, will all students have taken the

regular biology course?

A Yes.

[525] Q There is not yet a physics course introduced

at Quigley, or is that only for fourth year students?

A It will be offered in September.

Q In the math department, what math courses are

available to the third year students?

A Advance algebra, trigonometry, pre-calculus, caleu-

lus.

Q Or geometry if he hasn’t already taken it?

A Yes.

91

Q In the social studies department, what courses are

available to third year students?

A Well, they are world culture courses, Latin Ameri-

ean History.

Q Plus the specialized courses available through that

individual instruction program?

A Right.

* * * *

[526] * * * Q Now, what courses are available to

third year students in the field of art?

A Next year it will be three dimensional. It ranges

annually according to the need. It can go all the way

from sketching through ceramics, to three dimensional.

Q In the field of music, would it be the same courses

for the third year that you discussed in relation to the

second year?

A Yes, it would be.

Q For the fourth year students, physical education,

English and religion is required?

A Yes.

Q Now, does he have a choice in the English De-

partment [527] in his fourth year?

A Yes.

Q Would you give me—name those choices?

A Well, they come down to—really one is a composi-

tion course, the other is a college level English course

which is largely a study of literary forms.

Q Is that in addition to the basic English course,

or those the only two courses that the senior student

would be offered in English?

A Those are the two which most of them would be

choosing if they had not had one of the other courses

earlier, however, which is predominantly taken by a

junior. He could pick it up at that time.

Q In the field of math, what courses are available

in addition to those courses you have named for earlier

years?

A That isit. They goas far as calculus.

Q Is there a difference between calculus and pre-

calculus?

A Yes, there is.

Q You mentioned pre-calculus before. For the fourth

year student, there would be calculus without the pre;

is that correct?

A Yes.

[528] Q And would trigonometry and analytic geome-

try be available?

A Trigonometry is analytic geometry, and normally

is not.

Q Is analytic geometry offered in the school?

A It has been, and can be taught depending on the

number of students interesied in it. If you get enough

to make it economically feasible, it can be taught.

Q In fact, is it not true that groups of students can

get together and request the teaching of a particular

course?

A Yes, they can.

Q Now, in the area of social studies, are there any

other courses not previously mentioned which are avail-

able to forth year students?

A Yes; psychology courses, urban problem courses.

Q You say psychology courses and urban problem

courses; are there more than one in each of those fields?

A Not in the same chronological year, but can differ

from year to year.

Q Could you name the courses that have been offered

in these two years?

A Yes. In the psychology course one year it can be

general introductory psychology, and another it could

be social psychology or group behavior patterns.

[529] The course in urban problems can take a dif-

ferent emphasis, depending upon the teacher. A teacher

can teach an urban problem course in which he concen-

trates largely on Chicago’s urban problems.

Another teacher might teach it in terms of urban

problems not only in American cities, but also in South

America, European cities as well.

Q Now, in the sciences, I believe we have already

covered biology, advanced biology and chemistry.

93

Are there any other science courses available?

A Yes. There is a general science course available

to freshmen who do not begin their foreign requirement

until the second year.

Q Is that introductory physical science?

A Yes.

Q Any other science courses offered?

A No. Biology and chemistry is it.

(535) Q Now, in the North Central Association 1972

report, the school was commended for college offerings

in English and social studies from visiting professors,

and advance placement programs in English and math.

Would you please explain what college offerings in

English and social studies you have now, and that you

had at the time this report was made?

A Yes. The English and social studies are college

level courses. The English course is taught by a visting

professor from the City College system of Chicago, and

the credit is granted by the City College.

The social studies course is taught by a priest from

Niles College, and the credit is granted by Niles College.

Earlier we had advanced placement courses which

differ in the sense they are not taught by an instructor

from another college, but they were taught by our own

faculty. There is no audit or anything of college credit

attached to those courses, but at the end of the course

the student, if he chooses, takes an advance placement

examination, and the results of that place him on the

scale. Those scores he can then report to the college of

his choice, and the colleges then interpret those scores as

they will.

They grant or do not grant college credit depending

on their own philosophy.

[541] * * * Is there a Driver Education Program?

A Yes.

Q Would you tell me about that, please?

94

A The City of Chicago provides for an instructor

to come in and give the first part o

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