Appendix — NLRB v. Catholic Bishop of Chicago
Supreme Court brief1979
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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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