The Pope’s Lawsuit Over a Legacy
In a despatch to the New York “World” from Rome, January 4, mention is made of a lawsuit of exceptional interest, tried before a civil court, the plaintiff of which was Pope Pius X. Cardinal Tripepi, a very wealthy prelate who died in 1906, left his entire fortune to “the pope,” without specifying him by name, and under the Italian law the pope could not inherit such a legacy without paying the legacy duty; but the relatives of the late cardinal contend that the legacy was not left to the pope as a private individual, but as the head of the Holy See. The Roman court took the same view,12and declared that in order to benefit by the will, the Holy See must demand the legal authorization of the government within a period of six months, or otherwise all right to the legacy will lapse; and the law officers of the Vatican have given notice of an appeal against this decision. One of the weak things in the appeal, however, is that the Vatican lawyers contend that under the law of guarantees of 1870 full civil rights were bestowed on the pope as a personality, and therefore he does not require any special authorization; but the Vatican has never recognized the law of guarantees officially, and therefore the pope can not invoke it. And according to the Italian government, the Vatican is an intruder in the “eternal city,” and by recognizing the legality of Rome tribunals, the Vatican must also recognize the sovereignty of Victor Emmanuel, in whose name the law is administered. It looks like a pretty big tie-up all around. It may be set down, however, for an altogether probable fact, that there will be some way of getting around the attitude which the pope has assumed during the last forty-three years.