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were again referred to the provincial governor for investigation and report. Report was made substantiating the former one, and the papers were, on

June 13, 1903, referred to Hartigan, Marple, Solignac, McCabe, and Gutierrez, with the statement that the cemetery in which the corpse was buried seems to have been in the possession of the municipality, and that the Roman Catholic Church, therefore, if it claims title, may present such claim in the courts. The record of this case is copied and attached hereto and marked "Exhibit No. 18." (No. 22926.) 36. LILIO, LA LAGUNA.—July 9, 1902.—T. L. Hartigan transmits copy of a resolution of the municipal council imposing a tax on the ringing of church bells for private parties.

July 14, 1902.-Acting civil governor refers papers to provincial governor, saying that if the facts are as stated the municipal council has exceeded its authority, and requesting him to see that the ordinance is repealed. Copy of this letter is attached hereto and marked "Exhibit No. 19." (No. 11259.)

37. CAVITE, CAVITE.-October 24, 1901.-Provincial secretary transmits, for the information of the Commission, a resolution adopted by the municipal presidentes of the province at their quarterly meeting in Cavite, expressing their opinion that the question of the friars should be promptly and effectively settled. Copy of this resolution is attached hereto and marked “Exhibit No. 20."

May 3, 1901.-Florentin Rallos and 17 others of Cavite province petitioned the civil governor for the expulsion of 6 Augustinian and 2 Recoleto friars recently arrived there. State that they have received civil governor's information that he can not expel the friars, and set forth what seem to them urgent reasons why the friars should not be allowed to remain. (No. 2964-A1 to A3, inclusive.)

38. IMUS, CAVITE.-October 11, 1901.-Municipal president forwards a communication from the committee having in charge the conduct of a lawsuit against the Recoleto friars, stating that an American surveyor has been going over the ground with two soldiers, and that his action affects the outcome of the suit. Protest against military escort being allowed. Copy of the record of this case is attached hereto and marked "Exhibit No. 21."

October 15, 1901.-Referred to the military governor.

November 14, 1901.-Returned with the statement that there seems to be no ground for the complaint. (No. 3751.)

39. LA CARIDAD, CAVITE.-February 9, 1902.-Civil governor wires provincial governor that he has been informed forcible possession has been taken of a church in La Caridad which was formerly in possession of a priest of the Roman Catholic Church. States that such dispossession is unlawful and that municipality should present its claim to title in court, and that the provincial governor must see that law and order is preserved.

November 10, 1902.-Provincial governor states church is uncompleted and has never been used for any religious purpose. Copy of the record in this case is attached hereto and marked “Exhibit No. 22." (No. 17083 to A1.)

40. CAVITE, SAN ROQUE, AND LA CARIDAD, PROVINCE OF CAVITE.-June 10, 1902.— Residents of the three towns petition for the reopening of the Catholic cemetery, which was closed by order of the municipality of La Caridad.

June 3, 1902.-Hartigan, Marple, Solignac, McCabe, and Gutierrez complain of the action of the municipal board of La Caridad in the matter above referred to.

June 28, 1902.-Civil governor, in a letter to the provincial governor, states that if the facts are as set out in the complaints, the municipal board has usurped rights not properly belonging to it, and directs investigation and report at the earliest practicable moment.

August 27, 1902.-Executive secretary calls for report.

September 3, 1902.-Provincial governor reports that the cemetery was closed as a health measure, as it was in an unhealthy location and condition, and because it was necessary during the cholera epidemic to bury in a cemetery set aside for that special purpose. The letters in this case are copied in full and attached hereto and marked "Exhibit No. 23." (No. 10850-A1 to A4, inclusive.)

41. SILAN, CAVITE.-October 7, 1902.-Hartigan, Marple, Solignac, McCabe, and Gutierrez submit to the civil governor communication from the parish priest of Silan to the archbishop, complaining of the occupation of the convento by the constabulary, and request that the constabulary be directed to return the convento to the priest.

October 8, 1902.-Referred to the chief of Philippines constabulary for early investigation and report. After several indorsements by constabulary officers, the papers

were, on

February 20, 1903, returned to the executive secretary with reports by constabulary officers. The reports were to the effect that the constabulary had been occupying the convento with the apparent good will of the priest, as he had never asked

that it be vacated, but that, upon receipt of the intimation that he desired the building vacated, the constabulary moved out on November 7, 1902.

February 24, 1903.-Hartigan, Marple, Solignac, McCabe, and Gutierrez notified. Copy of the record in this case is attached hereto and marked "Exhibit No. 24." (No. 15442.)

42. BACOOR, CAVITE.-December 17, 1902.-Civil governor telegraphs provincial governor that the bishop of Cebu informs him that the parish priest heretofore in charge of the church at Bacoor has left the Roman Catholic faith; that the bishop has ordered him to turn over the church to another Roman Catholic priest; that the former priest has left the church, and that the municipal authorities are in control of same. States that he believes the property rightfully belongs to the Roman Catholic Church, and requests the provincial governor to be governed accordingly in dealing with the

matter.

December 20, 1902.-Civil governor wires provincial governor that Aglipay has asked to be allowed to submit testimony in the case, and directs that the status quo be preserved until further orders.

December 29, 1902.—Hartigan, Marple, Solignac, McCabe, and Gutierrez transmit to the civil governor certified copy of an affidavit made by the former parish priest, declaring that it destroys his claim to the church, and ask that the order of December 20 be revoked.

January 7, 1903.-Acting executive secretary calls for full report from the municipal president.

February 2, 1903.-Municipal president states that he never took possession of the church, but simply stationed guards there to prevent disturbance, and that the same condition of affairs still continues.

February 9, 1903.-Provincial governor directed to advise municipal president to let the matter stand exactly as it is at present, as the right of possession will have to be established in the courts. Copies of the letters in this case are attached hereto and marked "Exhibit No. 25." (No. 18625-A1 to A3, inclusive.) 43. TERNATE (NEAR MARAGONDON), CAVITE.-February 13, 1903.-Hartigan, Marple, Solignac, McCabe, and Gutierrez forward, in accordance with verbal instructions of the civil governor, (1) certified copy of the records of the office of the justice of the peace of Ternate, dated January 31, 1903, which shows that the municipal president required the justice of the peace to approve the delivery of the key to the church to the president in order that the latter might deliver same to the representative of Señor Aglipay when said representative should arrive in the pueblo; (2) copy of a letter from the parish priest, dated January 31, to the municipal president, asking to be reinstated in the possession of the church, and reply of the president refusing to do so; and (3) copy of a telegram from the provincial secretary to the municipal president that he should have respected the right of the priest to peaceable possession of the property.

February 13, 1903.-Civil governor suspends justice of the peace by telegram.

February 14, 1903.-Civil governor orders provincial governor to suspend the municipal president until the latter returns the keys of the church to the Roman Catholic priest, and states that thereafter the municipality may present its claim to title in the courts.

February 15, 1903.—Provincial governor reports municipal president and justice of the peace suspended.

February 20, 1903.-Acting executive secretary telegraphs civil governor at Cebu, Cebu, stating that he and the solicitor-general went to Ternate on the 19th and interviewed the suspended president and justice of the peace and several principales, and that he is awaiting the return of the sacristan of the church to complete the testimony. February 21, 1903.—Acting executive secretary, in a letter to T. L. Hartigan, urgently requests that the sacristan be found if possible, as he wishes to settle the matter promptly and before the return of the civil governor.

February 24, 1903.-Provincial governor submits report, with exhibits, and gives a history of the town and the church.

February 28, 1903.-Acting executive secretary informs provincial board of the suspension of the justice of the peace and the charge against him, and directs the board to take action in accordance with act No. 314, which act prescribes the method of procedure in such cases.

March 7, 1903.-Civil governor, in a letter to the solicitor-general, requests him to notify the president and justice of the peace that if they will turn over the keys of the church to the priest he will forgive them, but that otherwise he will have them prosecuted to the full extent of the law.

March 10, 1903.-Provincial secretary wires that investigation against justice of the peace will take place on March 13. Acting executive secretary wires provincial

board that, unless there are difficulties preventing, the charges against the president should also be heard on the 13th.

March 9, 1903.-Papers referred by the civil governor to the solicitor-general. March- 1903.-Provincial secretary forwards resolutions of the provincial board, adopted March 13, 1903, and the recommendation of the board that the municipal president and justice of the peace be removed from office.

March 18, 1903.-Solicitor-general directs the provincial fiscal to prosecute the exmunicipal president and ex-justice of the peace in the court of first instance, and gives detailed instructions for the conduct of the prosecution.

May 27, 1903.-Solicitor-general wires provincial fiscal to find out if the keys have yet been delivered to the priest.

July 17, 1903.-Provincial fiscal reports that, on account of the promises of the ex-officials that they would deliver to him the keys of the church, he had deferred action, but that on June 13, the promise not having been carried out, he filed indictment against them in the court of first instance; that on July 3, 1903, the two accused appeared before the court, but that the parish priest, though summoned, did not appear; that, by order of the court, the keys of the church were delivered to the clerk of the court for the province, and priest, Father Villafranca, notified that he could obtain the keys from said cle. of the court. Father Villafranca had not called for the keys to date.

July 23, 1903.-Solicitor-general returns papers to the civil governor, with statement of action taken by the office of the attorney-general, as indicated above. Copy of the record of this case is attached hereto and marked "Exhibit No. 26." (No. 21362-A1 to A18, inclusive.)

44. BALANGA, BATAAN.--July 25, 1901.-Provincial governor forwards request of Catholic priest that the convento now occupied by American troops be turned over to him for his use.

August 1, 1901.-Referred to the major-general commanding Division of the Philippines, the civil governor expressing the hope that the request would be complied with if possible. (No 926 to A1.)

45. DINALUPIJAN, BATAAN.-August 4, 1902.-Justice of the peace asks how parish priest may be compelled to furnish original certificates of marriage, the priest refusing to furnish same, stating that church and state are now separate. Informed that the priest may not be compelled to do so. (No. 12740.)

46. LAOAG, ILOCOS NORTE.-October 4, 1901.-Provincial governor forwards documents in the matter of the proposal made by one of the members of the municipal council, that the cemetery claimed by and now in possession of the municipality be turned over to the church.

October 17, 1901.-Civil governor replies that the municipal council has no power to cede property of the municipality. Copy of the record of this case is attached hereto and marked "Exhibit No. 27." (No. 3802.)

47. SANTA MARIA, ILOCOS SUR.-August 12, 1901.-Municipal president forwards copy of resolutions of the municipal council in which it was resolved, among other things, that the friars should be expelled from the islands. With regard to this and similar petitions, see letters of the civil governor and acting civil governor to provincial governors. (No. 4359.)

48. VIGAN, ILOCOS SUR.-January 15, 1903.-Hartigan, Marple, Solignac, McCabe, and Gutierrez state that the municipal authorities have forbidden the authorities of the Catholic Church at Vigan to open a cemetery without first paying a tax or license for the privilege of doing so, and protest against such an interpretation of the municipal code as would declare such a tax legal. After reference to the secretary of finance and justice, to the attorney-general, and to the solicitor-general, on

June 1, 1903, the acting secretary of finance and justice rendered an opinion, which was concurred in by the secretary of the interior, and the civil governor, that such privilege rental or tax was illegal. This is the opinion referred to in case No. 16. Copy thereof is attached hereto and marked "Exhibit No. 28." (No. 21220.)

49. GAPAN, NUEVA ECIJA.-February 15, 1902.-Bishop Martin complains that the municipal council of Gapan has created a tax to be collected from the church on the biers used for the funerals of persons too poor to have their own coffins. States that the church collects nothing for the use of biers from very poor people and can not afford to pay the tax.

February 18, 1902.-Referred to the provincial governor with the statement by the civil governor that if the allegations are true the municipal council has exceeded its authority and should rescind the ordinance.

May 8, 1902.-Papers returned with the statement that the ordinance had been passed in accordance with the Spanish text of the municipal code, in which there is found a mistake in the translation, and that the ordinance has been repealed. (No. 7086.)

50. PEÑARANDA, NUEVA ECIJA.-February 18, 1902. -Thomas L. Hartigan submits telegram from parish priest of Peñaranda stating that the municipal authorities say he shall cease to administer the church cemetery, which the priest states has been church property for fifteen years and still is. Attorney requests action.

February 19, 1902.-Referred to the provincial governor with request for investigation, the civil governor stating that if the allegations are correct the municipal authorities have exceeded their powers and should be so informed. Calls for report.

June 6, 1902.-Provincial governor returns papers with report that the cemetery, and all the funds collected thereon while administered by the municipality, have been returned to the church. (No. 7130.)

51. ZARAGOZA, NUEVA ECIJA.-May 21, 1903.-There was submitted to the civil governor a letter from the parish priest of Zaragoza complaining that the municipal president refused to restrain an intruding priest from using the church in that pueblo.

May 23, 1903.-Referred to the provincial governor for investigation, report, and recommendation.

June 4, 1903.-Provincial governor reports that, as there was no breach of the peace involved in the contention of the two priests, he could not intervene officially in the matter. Copy of the provincial governor's report is attached hereto and marked "Exhibit No. 29." (No. 26088.)

52. TUGUEGARAO, CAGAYAN.-October 28, 1901.-Provincial supervisor, in a letter to the civil governor, states that the sentiment of the people of the province is strongly against turning over to the friars the property claimed by them. (No. 5351.)

53. TUGUEGARAO, CAGAYAN.-November 24, 1901.-Dionisio Cosas, abbot of the Dominican Friars of Tuguegarao, requests that the large building now occupied by the military be returned to the use of the order for school purposes.

March 29, 1902.-After reference to the military authorities and a number of indorsements by them, the papers were returned to the acting civil governor with the information that the buildings would be turned over to the religious order as soon as those in course of construction for the use of the military should be completed, which would be within a few weeks.

April 5, 1902.-Papers returned to the abbot of the Dominican order at Tuguegarao with the information that the civil governor has no jurisdiction in the matter, and that future communications with regard thereto should be directed to the military authorities.

January 14, 1902.-An attorney representing the Dominican order, with reference to the same property, requests that the said property be vacated by the military, and that rent, compensation for repairs, etc., be paid for the time it was occupied by the military. These papers went through the same course as the ones just above referred to and were returned to the acting civil governor at the same time.

May 28, 1902.-Executive secretary forwards to the provincial treasurer of Cagayan an excerpt from the minutes of the Commission of May 20, 1903, with regard to the suspension of taxes on property of the Dominican Friars during the time same was occupied by the military and requests statement from provincial treasurer of Cagayan with a view to determining if such a resolution should be passed with regard to the property at Tuguegarao. (No. 5507-A1 to A4, inclusive.)

54. TUGUEGARAO, CAGAYAN.-May 18, 1902.-Parish priest complains of certain arbitrary quarantine and sanitary regulations of the provincial board of health affecting the church and of the brutal enforcement of the same by the municipal police.

June 23, 1902.-Referred to the commissioner of public health with directions to ascertain the facts.

June 24, 1902.-Returned to the executive secretary with the statement that the quarantine has been raised.

June 23, 1902.-Acting civil governor wires provincial governor for information in regard to the matter.

June 24, 1902.-Parish priest wires withdrawal of complaint.

August 2, 1902.-Acting provincial governor reports that the three municipal policemen have been punished for their misconduct in the enforcement of the health ordinance. Copy of this report is attached hereto and marked “Exhibit No. 30.” (No. 10346-A1 to A4, inclusive.)

55. TUGUEGARAO, CAGAYAN.—February 23, 1903.—Parish priest states that law forbidding burials in the Catholic cemetery is still in force, even though death may not have been due to a contagious disease, and asks that it be repealed.

March 26, 1903.-Referred to the provincial board of Cagayan for investigation and proper action. (No. 22998.)

56. TUGUEGARAO, CAGAYAN.-February 25, 1903.-Parish priest states that he needs

for parish purposes certain buildings now occupied by the volunteer soldiers and by telegraph and municipal officials, and asks that they be vacated.

March 18, 1903.-Acting executive secretary asks that the names of the particular buildings desired be furnished. (No. 22997.)

57. CAGAYAN DE MISAMIS, MINDANAO.-August 5, 1901.-Jesuit missionaries in the district complain that the presidents of many pueblos are collecting burial fees which rightfully belong to the church.

August 9, 1901.-Civil governor sends to the provincial governor of Misamis a copy of his letter to Capt. Wallis O. Clark, governor of the province of Tarlac, on this question, for the information both of the provincial and municipal government officials and of the Jesuit priests complaining. This is the letter referred to in case No. 25, marked "Exhibit No. 13." (No. 1135 to A1.)

58. JIMENEZ, CAGAYAN DE MISAMIS, MINDANAO.-November 12, 1901.-Provincial governor transmits petition, signed by leading officers and residents of the pueblo, against the continued residence therein of two friars recently settled there. Informed by the civil governer that the friars have the same rights in the matter of traveling or living where they choose as any other persons, and that they must be protected in those rights. Copy of this letter is attached hereto and marked "Exhibit No. 31." (No. 5237 to A1.)

59. CAGAYAN DE MISAMIS, MINDANAO.-June 11, 1902.-Provincial governor transmits, for the consideration of the Commission, the resolutions adopted by the assembly of municipal presidents at their meeting of October 21, 1901, in which it was resolved, among other things, that the religious corporations should be expelled from the province. (No. 4394 to A1.)

60. ARAYAT, PAMPANGA.-May 8, 1902.-President of the provincial board of health wires civil governor asking if municipality has authority to close cemetery against the wishes of local priest. States cemetery at Arayat is full, but priest insists that burials should still take place there.

May 8, 1902.-Civil governor wires that the municipality has such right, if the cemetery is a menace to the public health. Copy of the record in this case is attached hereto and marked "Exhibit No. 32." (No. 9199.)

61. SAN LUIS, PAMPANGA.-June 17, 1901.-Provincial governor, in a letter to the parish priest of San Luis, acknowledges receipt of a communication from the latter, dated June 16, relative to an order which the municipal president of San Luis alleged was issued by the provincial governor relative to the Catholic cemetery at San Luis, and states that he knows nothing about such an order. The records do not show definitely what this order was.

July 13, 1901.-Parish priest requests municipal council to rescind a resolution recently passed by it to the effect that the municipality should take possession of the Catholic cemetery. Petition was refused on same date.

August 9, 1901.-Civil governor, in a letter to the provincial governor of Pampanga, states that he is in receipt of a complaint from the parish priest of San Luis against the seizure by the municipality of the Catholic cemetery. Sends the provincial governor a copy of his letter to Capt. Wallis O. Clark, governor of Tarlac, and suggests that he send copies to all municipal presidents in his province. (No. 1132-A1 to A4, inclusive.)

62. SAN LUIS, PAMPANGA.-November 12, 1901.-Parish priest writes to the bishop of Cebu, administrator of the archdiocese of Manila, that he has presented for assessment the property of the church in the pueblo, and that the municipal council resolved to take possession of the church property, and refused to allow same to be assessed as the property of the church.

November 20, 1901.-Acting civil governor addresses the provincial governor about this and kindred matters. A copy of this communication is attached hereto and marked "Exhibit No. 33." (No. 4932-A1.)

63. SAN LUIS, PAMPANGA.-September 23, 1902.-Pablo Leuterio, "representing the citizens of the town of San Luis," forwards to the civil governor copy of a petition, dated May 12, 1902, asking the municipal council to set aside its ordinance for the closing of the Catholic cemetery, and requests that the civil governor intervene in the matter.

October 13, 1902.-Civil governor returns petition, calling the attention of the petitioner to the recent passage of a law providing a method of procedure in such cases. Copy of this letter and of part of the law referred to are attached hereto and marked "Exhibit No. 34." (No. 15008.)

64. BACOLOR, PAMPANGA.-March 12, 1902.-The provincial vicar of the province of Pampanga forwards to the bishop of Cebu, administrator of the archdiocese of Manila, copy of an order of the provincial board of health of Pampanga prescribing the hours during which church ceremonies may be carried on, stating that in his opinion the order is unjust, and asking for advice.

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