Excommunicated

Long argued, bitterly fought by Spanish conservatives. Spain's new Law of Re- ligious Congregations, passed three weeks ago (TIME, May 29), still lay last week on the desk of tousle-haired President Niceto Alcala Zamora ready for signature. Long as he could President Alcala Zamora postponed the deed, sent messages to the Cortes protesting the section forbidding primary and secondary education by monks or nuns, insisting on the right to use the mediating power that is his under the Constitution. An open break threatened between Zamora's adherents and the Socialist followers of bag-jowled Premier Manuel Azana. It looked like bargain day to snaggle-toothed President Francisco Macia of Catalonia. He hurried over to Madrid to swap the votes of his 40 deputies for additional home rights for Catalonia, and a loan.

At the last possible moment, still gesticulating. Alcala Zamora signed the church law. Of all the governments that used to acknowledge official allegiance to Rome, only Hungary is left.

Meanwhile long-jawed Alfonso XIII happened to be in Rome paying his respects to Pope Pius. Day after the law was signed came a ringing Papal encyclical, Dilectissimi Nobis ("To our most dear") Bishops, Clergy, and People of Spain. Excerpts:

"We solemnly protest with all our force against this law, asserting that it can never be appealed to against the imprescriptible rights of the Church. . . . We condemn the principle of suppression of the Church which the State already has sanctioned in the new Constitution as the most grievous error and the most lamentable result of the laicism or of the apostasy of present-day society which aims at separating itself from God.

"We urge all Catholics in Spain to use all legitimate means to induce the legislators to reform measures so opposed to the rights of every citizen, so hostile to the Church. . . . We call on all Spaniards to unite in defense of their faith" subordinating all other ideals to the common good of their country and their religion." Separate from the Papal encyclical was an announcement which came the same day from the Vatican Department of State: Because of their action in passing the church law, all members of the Spanish Government were automatically excommunicated, barred from the comforts and sacraments of the Church.

"Canon law sets forth clearly certain acts which, if committed openly, automatically bring excommunication without the necessity of further formal decree. The Spanish Government has openly committed such acts. . . . The Government will be considered to be automatically outlawed, religiously."

Whether the excommunication included only the Cabinet and the Deputies who voted the church laws or embraced the entire Government from President Zamora down to the humblest customs inspector, was not stated. Hardest hit was Alcala Zamora. A devout Catholic, he dearly loves the solace of the Mass. When Madrid hotheads set fire to Jesuit churches two years ago, plump Senora Alcala Zamora distinguished herself by driving in an open carriage to each of the burned buildings, sitting before the door loudly saying her beads.

Socialist Cabinet Ministers took the excommunication calmly. Said one:

"It only prohibits us from going places where we never go anyway."

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