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 marked 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.

[CORPORATION SEAL OF THE
R. C. BISHOP OF MONTEREY.]

GEO. MONTGOMERY.

STATE OF CALIFORNIA,

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.

In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. [NOTARIAL SEAL.] WILLIAM R. BURKE

Notary Public in and for Los Angeles County,
State of California.

EXHIBIT A.

Leo P. P. XIII. Dilecti fili: Salutem et Apostolicam benedictionem: Cum Venerabilis Frater Franciscus Mora Episcopus Montereyenis et Angelorum provinciae Ecclesiasticae S. Francisci in Statibus foederatis Americae Borealis instanter petiisset, ut Coadjutorem sibi largiremur, quo cum ipse aetate gravis laborisque confectus onus administrandae dioceseos dividere posset. Nos huiusmodi causis maturae perpensis, de consilio etiam venerabilium Fratum Nostrorum S. R. E. Cardinalium S. Congregationi Fidei Propagandae xx praepositorium, memorati Antistitis precibus annuendum densuimos, teque, dilecti fili quem eximio laudem testimonia commendant, ad hoc manus eligendum existimavimus. Te igitur dilecte fili, quem per similes Nostras litteras hos ipso die datas titularis Ecclesiae Thumitensis Episcopum, renuntiavimus, peculiari benevolentia complectentes, et a quibus vis excommunicationis et interdicti aluisque ecclesiasticis sententiis censuris et poenis quovis modo vel causa latis se quas forte incurreris, huius tantum rei gratia absolventes et absolutem fore censentes, hisci litteris in Coadjutorem cum futura successione praefati Episcopi Montereyensis et Angelorum auctoritate nostra Apostolica facimus et constituimus teque quandocumque per obitum dicti Antistitis vel aliam quam libet causam sedes Episcopalis Montereyensis et Angelorum vacaverit, in Episcopum eiusdem Sidis nunc pro tunc eligimus et constituimus, cum omnibus et singulis honoribus, facultatibus, privilegiis, quae de iure vel consuetudine Episcoporum sunt propria. Dicernimus insuper, ut per huiusmodi successionem tuam memorata Sedes titularis Thumuiteniis eo ipso vacet teque similiter nunc pro tunc de Apostolicae potestatis nostrae xxxxxx plenitudine a praefactae Sedis vinculo absolvimus. Volumus autem, ut vivente memorato Antistite eatenis te ingeras in Diocesus administrationem quatenus ipse voluerit ac mandaverit. Jubemus denique omnibus ac singulis ad quos spectat seu spectavit, ut te ad hoc Coadjutoris xx officium et suo tempore in Episcopum memoratae Sedes Montereyensis et Angelorum recipient et admittant tibique in omnibus pareant faveant, ac praesto sint tuaque mandata reverenter suscipiant atque ad impleant secus sententiam seu poenam, quam in rebelles rite tuleris seu statueris rotam habebimus, at que faciemus usque ad satisfactionem condignam inviolabiliter observari. Non obstantimus in contrarium facientibus quibuscumque.

Datum Romae apud S. Petrum sub annulo Piscatoris die XXVI Januari MDCCCXCIV. Pontificatus Nostri Anno Decimosexto. Pro Don Card, Serafini:

[L. S.]

Dilecto Filio GEORGIO MONTGOMERY.

NICOLAUS MARICI SUB.

EXHIBIT B.

Leo, the Thirteenth Supreme Pontiff. Beloved son, health and apostolic benediction.

When our venerable brother, Francis Mora, bishop of Monterey and Los Angeles, with whom he, overpowered by age and heavy labors, might share the burden of the administration of the diocese, we, having carefully considered the reasons of this request and having taken counsel with our venerable brothers, the cardinals of the holy Roman Church, who preside over the sacred congregation of the propagation of the faith, have decided to comply with the wishes of the aforesaid bishop, and have determined to choose for that office you, beloved son, whom excellent testimonies of praise recommend to us. Therefore, beloved son, we, cherishing with special benevolence you, whom by similar letters we have announced as the bishop of the titular church of Thumi, only on account of this office absolving you and wishing that you be absolved from whatever excommunication and interdict or other ecclesiastical judgment, censure, and penalties, in whatsoever manner and for whatsoever reasons imposed, if by chance you have incurred any, do by these letters and by our apostolic authority make and appoint you coadjutor of the aforesaid bishop of Monterey and Los Angeles, with the right of succession, and whenever by the death of the said bishop or for whatever other reason the episcopal see of Monterey and Los Angeles will become vacant, we now for then choose and appoint you the bishop of this same see, with all the honors, powers, and privileges which by right or custom belong to bishops. Moreover, we decree that by this your succession the aforesaid titular see of Thumi becomes vacant; and likewise we, by the plenitude of our apostolic authority, now for then, free you from the charge of the aforesaid see. However, we desire that, while the aforesaid bishop lives, you will assist in the administration of the diocese as much as he will wish and command. Finally, we order all and every one to whom it will now or will concern to receive and acknowledge you for this office of coadjutor and in the proper time as the bishop of the aforesaid see of Monterey and Los Angeles and in all things obey, favor, and assist you and reverently to undertake and fulfil your commands, otherwise we will ratify and inviolably enforce, until condign satisfaction be made, the sentence or penalty which you will have rightfully inflicted or pronounced against the rebellious, anyone acting to the contrary nothwithstanding.

Given at Rome at St. Peter's, under the seal of the fisherman, on the twenty-sixth day of January, in the year of our Lord eighteen hundred and ninety-four and of our pontificate the sixteenth.

For His Eminence Cardinal Serafini.

To our beloved son GEORGE MONTGOMERY.

NICOLAS MARICI.

EXHIBIT C.

Leo PP. XIII. Venerabilis Frater Salutem et Apostolicam Benedictionem. Apostolatus afficcium, meritis licet imparibus. Nobis ab alto commissum, quo Ecclesiarum omnium regimini divina providentia praesidemus utiliter exsequi adjacente Domino satagentes sollivete corde reddimur at Solertes, ut sum de earumdem Ecclesiarum regiminibus agitur Committendes, tales cis in Pastores praeficere studeamus, qui populum suae curae creditum sciant non solum doctrina verbi, sed etiam exemplo boni operis informare, commissas que sibi ecclesias pacifico et tranquillo velint et valeant auctore Domino salubriter regere et gubernare. Dudum siquidem provisionem Ecclesiarum omnium nunc vacantium et in posterum vacaturum ordinationi et dispositioni nostrae reservavimus, decernentes ex tunc irritum et inane si secus super his a quo quam quavis auctoritate scienter vel ignoranter contigerit attentari. Iam vero Episcopali Ecclesia titulari Hieropolitana in Phrygia salutari sub Archiepiscopo Synnadensi Pastoris solatio certo modo destituta Nos ad ipsius provisionem in qua nemo praeter Nos se potest, rec poterit immiscere, reservatione ac decreto superdictis obsistentibus, paterno studio intendentes, post deliberationem, quam hac super re cum Venerabilibus Fratribus Nostris S Romanae Ecclesiae Cardinalibus negotus Propagandae Fidei praepositis habuimus diligentem ad te Venerabilis Frater, qui Montereyensem Angelorum Ecclesiam sponte in manibus nostris demisiste, oculos mentis nostrae convertimus. Quare te a vinculo ipsius dimissae Ecclesiae quatenus opus sit de apostolicae potestatis plenitudine solventis et a quibusvis excommunicationis et interdicti aliisque Ecclesiasticis censuris, sentenus ac poenis, si quas forto incurreris, hujus tantum rei gratia absolventos et absolutum fore concentes, eadem Auctorisiam transferimus, teque illi in Episcopum praeficimus et Pastorem, curam, regimen et administrationem eiusdem Ecclesiae tibi in spiritualibus et temporalibus plenare Committendo certa spe freti, te omnia ad majorem Dei gloriam, sempiternamque animarum salutem esse expleturum. Verum tamen tibi indulgemus ut donec praedicta Hieropolitana Ecclesia inter mere titulares consistet, ad illam accedere et apud eam personaliter residere minime tenearis. Non obstantibus constitutionibus et ordinationibus Apostolicis, nec non dictarum Ecclesiarum Montereynsis Angelorum et Hieopolitanae etiam, juramento, confirmatione apostolica, vel quavis firmitate alia roboratis statutis et consuetudinibus caeterisque contrariis quibuscumque.

Datum Romae aqud Sanctum Petrum Sub Annulo Piscatoris die VI Maii MDCCCXCVI.

Pontificatus Nostro Anno Decimonono. [L. S.]

Venerabili Fratri FRANCISCO MORA,

C. CARN. DE RUGGIENO.

Episcopo dimissionario Montereyensi Angelorum.

EXHIBIT D.

Leo the Thirteenth, Supreme Pontiff. Venerable brother, health and apostolic benediction.

Desirous, with the divine assistance, to discharge usefully the duty

of the apostolic ministry entrusted by God to us, although unworthy, whereby we by Divine Providence preside over the government of all churches; whenever there may be a necessity of providing for the government of these churches, we are solicitous and careful to appoint such pastors as are qualified to instruct the people entrusted to their caro, not only by inculcating sound doctrine but also by their good example, pastors who with the Divine assistance are willing and able to rule and govern judiciously and to maintain in peace and tranquillity the churches committed to their charge. Also, since we have reserved to ourselves the appointment to all churches at present vacant or likely to be vacant at any future time, we declare as null and void any appointment which may be made knowingly or ignorantly by any other authority. But now the Titular Episcopal Church of Pieropolis in Phrygia, subject to the archbishop of Synnada, being in a certain sense destitute of the comfort of a pastor, and in making provision for it, in which duty no one except us is able or will be able to interfere, by reason of our aforesaid decree and reservation, we, in our paternal zeal, after diligent deliberation with our brothers, the venerable cardinals of the Holy Roman Church, appointed to superintend the propagation of the faith, have turned our attention to you, venerable brother, who has willingly resigned into our hands the church of Monterey and Los Angeles.

Wherefore, freeing you from the charge of this resigned church, and, as far as there is need, by the plenitude of our apostolic authority absolving you and wishing on this account that you be absolved from all excommunications, interdicts, and ecclesiastical censures, judg ments, and penalties, if by chance any be incurred, we, by our same authority and by these presents, transfer you to the abovesaid church of the Hieropolis, and by committing you to the care, government, and administration of this same church, in spirituals and temporals, appoint you its bishop and pastor, relying on the assurance that you will discharge all the things for the greater glory of God and the eternal salvation of souls. However, we grant that, as long as the abovesaid church of Hieropolis remains merely a titular one, you will not be obliged to go to it and personally reside there. Apostolic constitutions and ordinances, also those of the said churches of Monterey and Los Angeles and Hieropolis, even those approved by oath, apostolic confirmation, or by any other power, and all statutes, and customs whatsoever to the contrary notwithstanding.

Given at St. Peter's, Rome, under the seal of the fisherman, on the sixth day of May, in the year of our Lord eighteen hundred and ninety-six and of our pontificate the nineteenth.

C. CARDINAL DE RUGGIENO.

[L. S.]
To our venerable Brother FRANCIS MORA,

Retired Bishop of Monterey and Los Angeles.

STATE OF CALIFORNIA,

County of Los Angeles, City of Los Angeles, 88:

I, the undersigned, Joachim Adam, being duly sworn, depose and say: I understand and am versed in the Latin and English languages and I have carefully compared the foregoing document marked "Exhibit A" with the original letters of Pope Leo XIII dated January 26, 1894, appointing George Montgomery coadjutor bishop of the diocese of Monterey and Los Angeles with the right of succession, and