Tag Archives: corporation sole

The Advice Bishop Strickland Didn’t Seek (But He Really Should Investigate)

First, a note of sadness and a note of hope… Today was almost depressing for me (and probably a bit for you too). Seeing the now-bare front page of Canon212 left me empty. It meant I had to do my own work in finding the “news of the Church and of the world”. I hope and pray for Frank’s complete recovery (as I know you do as well). He was in my intentions at Mass this evening. That is where there is hope. Frank, if you read this, know that you are loved and missed. Please be well, my friend; but don’t take too long coming back to us.

Today was also a bit of a blur. You see My daughter and I went for our annual eye exam. We’re both blind. And I learned something today. Don’t take your monthly preventative dose of the injectible solution Vitamin I the night before a scheduled eye exam. Yeah, I’ll probably wind up with a prescription for Mr. Magoo.

Now then, on to pressing matters. If Frank had been at his post today I believe he would have run a magnificent headline like this: “Pillarboys say Vicar of Sacked Bishops Urged to Oust Catholic Bishop Strickland for Opposing Non-Catholic Bergoglio” At least, that’s how I would write it up. Frank would have also included a reference to the “Perv” and/or “Floaty” German episcopate. Somehow Frank would manage to make it pithier. And here is the story it would link to:

“Pope Francis [sic] Meet to Discuss Strackland Resignation”

Oh boy, here we go again. Another Catholic bishop is about to be ousted by the antipope and there doesn’t appear to be anything we can do about it. Oh well, guess we’ll lose a good one. Bishop Strickland was a good man who did his best but there’s nothing we can do…

And they’ll say those things because they’ve forgotten they’re men.

Because there may be something the good bishop can do after all. I’ve alluded to this in the past. A lawyer friend of mine (one of the best in the nation, no joke) first mentioned this idea to me over a year ago and I asked him to flesh it out. He’s been busy. But today he sent me the following. I’ve asked his permission to copy much of it verbatim and he has consented. So Bishop Strickland, if you’re reading, hit ctrl+p now because you’ll want a copy for your notes. Here now, some unsolicited advice from a solicitor.

“The Faithful should know how their diocese is run. This can be accomplished by all dioceses incorporating documents online on their websites. Before that happens (which will be never), we can at least assume one thing, that many, if not all of Catholic dioceses in the United States, are corporation soles. If I recall from law school a decade ago….. if the Tyler diocese is a Corporation Sole and if the Bishop of Tyler decides not to resign, there is likely no way for the Vatican to divest him, assuming he is of all the property held by the corporation sole, i.e. all of the Church property. The Bishop could even ban visitors from the property, have them physically removed by law enforcement or private security, and sue them for trespass if they are told they cannot enter but do anyway. And because of our First Amendment, the Vatican can’t do anything to stop this. See, e.g.Hosanna-Tabor Evangelical Lutheran Church & School v. E.E.O.C., 565 U.S. 171 (2012).

The Bishop of Tyler perhaps made a mistake by not barring the visitors from his property, or making clear behind the scenes that he would. He could indicate that now behind the scenes, that he will not relinquish control of the corporation sole if they ask him to resign or even “fire” him (as much as the Pope can). He will just have to decide if that is a bluff or not, and if he is willing to suffer the acrimony if the Vatican “call his bluff” and he stands his ground, and all the claims of scandal, etc.

Of course, this depends on whether Tyler is a corporation sole, the text of the incorporating documents, and whether the Corporation Sole is held by whomever is the current Bishop of Tyler. This is a sort of fly by the seat legal analysis based on memories of law school classes from a decade ago, so mileage may vary. But there are lawyers out there who know in greater detail, and it is definitely something that should be looked into and maybe thought about by the Bishop. Francis has given China power to pick its bishops, Francis is perhaps the most medieval style pope [sic, not the pope] we’ve had in centuries, so it would make sense for Bishops to likewise approach Church politics in a, shall we say, more medieval fashion.

I cannot add to that. It may all come to naught but at least it’s a shot (and a rather manful one at that).

St. Joseph, Terror of Demons, pray for us!

PS: I had a good chuckle when I read that the Argentine is considering giving the Texan the boot because of the “public scandal” he (Strickland) is supposedly causing, calling out the non-Catholic Bergoglio as he should. Good job, Jorge. Now do the German bishops or just look in a mirror.

The Wednesday Roundup: Now with Half the Calories!

Oh Canadia!

Jorge’s recent trip to Canada is truly the gift that keeps on giving. Quick aside: do you remember how the announcement of Bergoglio’s supposed election to the papacy was made? They dragged up the Cardinal Proto-deacon, Jean-Louis Tauran, from his crypt beneath the Vatican grottoes to make the traditional “Habamus Papam” declaration from the balcony of St. Peter’s. Even at the time I remember thinking, “Is this guy asking a question or making a statement?” As in, “We have a pope?” Yes, Eminence, we do. His name is Benedict. But now nine years later we have the squatter visiting the hinterlands of North America and demon-worshiping something called the Grandmother of the West. I’m not making this up. I think he should have invoked the Step-sister of the East instead. I hear she’s more willing to appease her summoners. She couldn’t get as many dates in high school because her cousin, Baphomet, turned all the other demons into raging fags. Poor thing. She reminds me of Kim Campbell*.

I Play One on TV

I had intended to write about the legal concept known as “corporation sole”. In brief, think of this as “the Crown” but better. Every diocese in the United States, or so I’m told by a drunk lawyer, is incorporated under this method. What it means is that the entirety of that diocese IS the bishop. In other words, the parish properties, the miters, the little knob-like thing that turns on the sprinklers at the episcopal residence and doesn’t have a name? All belong to the bishop as CEO of the corporation. I was going to write about this because said sauced counsel called to advise that any bishop in this country who wanted to keep the Latin Mass alive and well in his diocese could simply do it. When he gets threatened with removal from office, he can tell the Vatican, “Try to remove me. I own the property. I own the diocese. I OWN EVERYTHING!” Then the whole thing goes to US District Court where an American jurist operating under the kind of law that actually means something in the real world might simply say, “Hey, corporate law is pretty clear.” But this friend was really, really sotted when we spoke so maybe that’s not a thing.

What is a thing is that I had my yearly jury duty this morning! I usually tell them, per George Carlin’s old chestnut, “I’d make an excellent juror because I can spot guilty people just like that!” This time there was no need. It was a justice of the peace court. There were 22 potential jurors called in and they only needed 6 for the case. Mathematically my odds were slim to begin with. The case in question centered around an eviction. When I answered that I had once been a landlord (renting a house I owned to a friend), I was dismissed with extreme prejudice and malice aforethought. Also, habeas corpus or something. I’ve seen Law & Order. I know how it goes.

The Wedding at Cana, stained glass, St. Patrick’s Cathedral, Harrisburg, PA where there is NO Latin Mass (but literally a block away in an also-beautiful church there is.

Speaking of evictions, I happened to read the very good blog linked on Canon212 this morning called Curmudgeon’s Cave. Whoever you are, brother, keep writing. Me like. His point in writing was to expose some of the less seemly things going on in the background of the Cupich/ICKSP situation. First we learn that Cupich apparently kept the insurance money when the church burned and in recompense, gave the property to the Institute. We also learn that there were stipulations in the quit-claim deed that prevent the Institute from carrying out any religious services deemed inappropriate by the Archbishop of Chicago. So that’s why the Institute conceded on this one. They’re legally – as in civil law, not canon – not allowed to offer the TLM in their own property. Ain’t that a kicker?

Is There Any Testicular Fortitude Left in the World?

And again I ask, where are the men? You know, if some demon-worshiping fruitcake (or some fruitcake worshiping demon) told me that I had to do this or that or forbade me from doing that which he has no authority to forbid (for a whole lotta’ reasons), I’d probably laugh in his face. Yes, think about that. Let’s go with the former descriptor above. Imagine a literal fruitcake. They make the majority of the world’s fruitcakes here in Texas. But just imagine an anthropomorphic fruitcake trying to tell you that you are forbidden from offering the Latin Mass. Fathers, how do you respond to that? Remember, and I cannot stress this enough, it’s a freakin’ fruitcake. The only difference here is that the actual fruitcake might just have as much actual authority as the man who went north and worshiped an actual demon. And happens to be a fruitcake.

Wake up! He cannot tell you 1) not to offer the Latin Mass, 2) that you need his or anyone else’s permission to do so, and 3) that all the gods of the pagans aren’t demons because, as per Psalm 95, they sure as hell are. And remember, saying that they’re not is simply not Catholic. And what do we call non-Catholics acting like pope? If you said a little boy playing dress up (who happens to not be Catholic) then you get Harvey’s gold star of the day.

You did it! Hooray!

*If you know who Kim Campbell is and you never lived in Canada, you, too, get the gold star.