[Inclosure.]
The Minister for Foreign
Affairs to Mr. Iddings.
His excellency the keeper of seals, to whom I hastened to communicate
the contents of your note dated April 12, last, concerning the
mission of the Methodist Episcopal Church at No. 38 Via Firenze, in
Rome, has expressed himself to me as follows regarding the
matter:
“As it is known, there are two opinions regarding the status and
capacity of corporations legally established abroad, some writers
holding that civil recognition in the Kingdom is indispensable in
order to insure to them enjoyment of the practice of the rights
pertaining to national corporations, while others hold that a new
recognition is useless and even contrary to the principles of
international right as accepted by our legislation.
“The ministry of grace and justice constantly followed this last
opinion, in conformity with repeated similar opinions of the counsel
of state, among which the original ruling of the 7th of June, 1884,
in full bench, in which it was held that the recognition of the
foreign corporation touching only its rights of holding property
should be considered as implied in the very act by which the
Government grants the authorization of purchase (requiring) to this
end only being required the proof and official declaration that the
corporation making the demand has a legal existence and power to
hold property in the county of its origin.
“And as it results that the said missionary society of the Methodist
Episcopal Church of New York was legally incorporated in the United
States and was therefore authorized, by the terms of the law of June
5, 1850, to receive legacies and donations, and also in the case
under examination it was authorized to receive the legacy of 7,000
lire, left by the late Carlo Giovane for founding an evangelical
school in S. Marzano, as a special decree of civil recognition was
not considered necessary.
“In the suit, however, instituted against the Giovane heirs for the
payment of the aforesaid legacy, the tribunal of Asti, by the
sentence of March 25, 1898, following the first of the
above-mentioned opinions, absolved the Giovine defendants from this
demand, holding that the society has not made demonstration of its
legal existence in the Kingdom, and that the decree of authorization
already cited was not sufficient to that end.
[Page 411]
“The court of appeals of Casale, by a judgment of February 17 last,
confirmed this opinion, but, as has recently been stated by the
attorney-general of that city, exceptions will be taken to that
sentence.
“In this condition of affairs no steps can be taken in behalf of said
corporation, but if the court of cassation is of the same opinion as
the judges on the merits of the case, then the ministry of grace and
justice, after having heard the counsel of State, will not fail to
examine whether, at least in this case, a formal and explicit
recognition should be granted to the foreign society in question to
enable it to again take legal steps against the Giovane heirs, the
judgment already given not, apparently, having prejudiced its
merits.”
Pray accept, etc.,
Malvano, for
the Minister.
