County of Los Angeles,
State of California, Diocese of Monterey and Los Angeles.
I, the undersigned, George Montgomery, bishop of the diocese of Monterey and Los Angeles, do hereby certify and declare that the rules, regulations, and discipline of the Roman Catholic Church in the United States of America, and in said diocese, require for the administration of the temporalities of said church and for the management of the estate and property in said diocese that the bishop of said diocese should become and be a religious corporation sole. I also certify and declare that the manner in which any vacancy occurring in the incumbency of such bishop is required by the rules, regulations, and discipline of said church to be filled by appointment by the Roman Catholic chief bishop of said church, to wit, the Pope, According to the customs and usages of the church, the selection of a bishop is determined as follows: Six of the most prominent priests of the diocese, representing all the priests thereof, and known as the bishops’ council, meet in consultation and agree upon a list of three names marked respectively as follows, to wit, one is marked worthy, another worthier, and the other worthiest. This list is then sent to the archbishop of the province. The archbishop thereupon calls a meeting of all the bishops of the province to either ratify the list proposed by the priests, or to select another list. If the bishops approve the list proposed by the priests it is forwarded to the Pope. If they propose a new list, they mark it in the same way and forward both lists to the Pope, with whatever remarks they may think fit to make; and from one of these two lists the Pope selects the appointee.
I further certify and declare that heretofore, to wit, prior to the year A. D. 1894, it being thought that a coadjutor bishop of said diocese should be appointed to assist the Rt. Rev. Francis Mora, who ever [Page 392] since the year 1873 had been, first coadjutor bishop and then bishop of said diocese; thereupon in accordance with the said rules for the selection of an appointee for said position of coadjutor bishop for said diocese the required list of names was prepared and duly authenticated and forwarded to the Pope, to wit, Leo XIII, one of which said names so fowarded was that of the undersigned George Montgomery. That afterwards and in accordance with said rules and practices regulating such appointments, to wit, on the 26th day of January, 1894, the said Pope Leo XIII duly issued his letters of appointment duly attested, designating and appointing the said undersigned “coadjutor of the aforesaid bishop of Monterey and Los Angeles with the right of succession,” as will more fully appear by said original letters of appointment, a copy of which is attached hereto, marked “Exhibit A,” and also by reference to a duly authenticated translation thereof into English, hereto attached and made a part of this statement, and maiked “Exhibit B.”
I do certify and declare that under and in pursuance of said appointment the said undersigned duly assumed and entered upon the discharge of the duties of said office in the month of April, 1894, and has continued to discharge said duties ever since.
I further certify and declare that heretofore—to wit, on or about the first day of February, 1896—said Rt. Rev. Bishop Francis Mora duly tendered to the Pope his resignation as the bishop of said diocese, requesting to be relieved of said office, and that thereafter—to wit, on the sixth day of May, A. D. 1896—the said resignation was duly accepted by said Pope Leo XIII. All of which will more fully appear by reference to a duly authenticated copy of the Pope’s original letter of the last-named date accepting said resignation, which said copy is attached hereto, marked “Exhibit C,” and by a duly authenticated translation thereof hereto attached, marked “Exhibit D,” all of which said documents are made a part hereof.
I further certify and declare that by reason of the premises and of the said appointment of the undersigned as coadjutor bishop of said diocese with the right of succession, and by reason of the said resignation of said Rt. Rev. Francis Mora of his said office of bishop of said diocese, and the acceptance of said resignation by the said Pope, the said undersigned has succeeded to and now holds said office of Roman Catholic bishop of the said diocese of Monterey, a religious corporation sole, duly incorporated and existing under the laws of the State of California, residing and having its principal place of business in said city of Los Angeles, county of Los Angeles, State of California.
And in proof of my appointment and selection as such bishop as aforesaid, I cause to be recorded herewith a duly attested copy of my commission or letter of appointment constituting me the coadjutor bishop of said diocese with the right of succession; also a duly attested copy of the letter of Pope Leo XIII accepting the resignation Rt. Rev. Francis Mora, my predecessor, to whose said office I have succeeded; also a duly authenticated translation of each of said letters.
In witness whereof I have hereunto signed my name and the name of said office and religious corporation sole, and affixed my episcopal seal, being the seal of said corporation sole, together with my verification of the truth of this statement.
the r. c. bishop of monterey.]
County of Los Angeles, ss:
On this 13th day of October, in the year one thousand eight hundred and ninety-six, before me, William R. Burke, a notary public in and for said county of Los Angeles, State of California, personally appeared Geo. Montgomery, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same.
Notary Public in and for Los Angeles County,
State of California.