October 2008

In the Penn Law School Alumni Journal, the “Gazette”, they list by graduating class year those who have died. Last month I found a name I knew and it reminded me of our relationship. He was James Keating, Deputy Attorney General, for the state of New Jersey.

Keating wasn’t what you would call a “friend” while we were in law school. But I did know who he was and when we reach the end of the third year we discovered we were contesting for the “most improved student” prize.  I had an average the first year of law school of something like 69.7. That meant I had failed. But through intercessions of my father and the fact that during that school year my mother had died, I was allowed to return. There was a condition in order to continue.  I had to have an average, at the end of the second year, above 70 in all the subjects of the first and second year. Fortunately I did so. I won the ‘Most Improved Student’ award probably because I was the lowest in the class at the end of that first year. I have no idea what Jim Keating’s marks were but apparently in the first year he was down close to 70.

The next time I saw Jim Keating was at a Law School reunion in 1977 or ‘78. I was chatting with my good friend Judge Blake. He was now the Court Administrator of the Philadelphia Common Pleas Court. He had been a friend in college and law school. Later he was a partner in the practice of law with me and we were partners in the ownership of property in Avalon, New Jersey. Keating approached us because he had heard I was now divorced. He was I learned a Catholic and just divorced. He was even then a Deputy Attorney General of the State of New Jersey. I noted in his obit that he was still listed as such. He also, I learned as we talked, had seven children. He wondered if I had gotten an annulment of my marriage in the Catholic Church. I hadn’t. Frankly, I could not reasonably think I was entitled to one since my understanding of an annulment meant you either were forced in to the contract or didn’t know what you were doing when you entered it. I had gotten married after earning college and law school degrees so I could hardly say I didn’t know what I was doing when I made the contract. It was also clear no one ‘forced’ me into the contract, so I didn’t apply for an annulment. Now here was a fellow lawyer asking me about annulments and then enlightening me by telling me the best place to apply was the Brooklyn, New York Diocese! He had obtained one there. I then inquired if he had moved from New Jersey. He said no he just established a residence in the Brooklyn Diocese and thus could apply for it there. He was just trying to help a classmate find the easiest way out of the marriage in the Catholic Church. It sounded just like getting a divorce in an easier jurisdiction, like Reno, after setting up a temporary residence there. I thanked him for his thoughts and offer but still couldn’t do it. Later I received a confirmation of the differences in grounds and fees among dioceses from my brother, Jim, a priest working at that time in California. He told me he knew of a man who was preparing a book in which he would list the various grounds and fees for annulments in the dioceses of United State. I never heard if it was published. But there was published a book whose title I can’t recall by an ex-wife of one of the Kennedy’s who blasted the whole system especially since she left the Episcopal Church in ordered to be married in the Catholic Church. She refused to join as requested by her husband in testifying in order to make the granting of the annulment a bit easier.

In the May Jottings, I wrote about an article written by my favorite theologian, Luke Timothy Johnson. He was writing about “Homosexuality and the Church”. He is a Catholic and was referring to that “church”. In the earlier part of the article he made this comment: “Of course Christianity as actually practiced has never lived in precise accord with Scripture. War stands in tension with Jesus’ command of non violence, while divorce, even under another name (annulment) defies Jesus clear prohibition” I agree with his thinking that changing the name of the actions doesn’t take away the real purpose of the action.

It is interesting that the theologian puts “war” as another example of Christians not living “in precise accord with Scripture”. The present war in Iraq is much discussed these days in the Campaign for President. One candidate sees it as a proper exercise of power by our President, the other objected to it when is was planned and carried out in 2003.  The arguments cover the alleged reasons for the President undertaking it and the failure of those reasons to be later confirmed.

“Let me take you down Memory Lane!” Recalling things of the past is most of the time a joy—since our memory conveniently lets us slowly forget those things that were not joys.  I have now years of memories written down in these ‘Jottings’. I can go back to April 1992 and relive some of those ‘good times”. There are too those writings telling of things that were not joys. However they are minimal since writing of such brings back some things that are best forgotten!

In musing over writing I am reminded of a book by the novelist P.D. James, entitled “Its Time To Be In Earnest”. It was a memoir of her 77th year. The title came from a saying by Dr. Samuel Johnson which was: “At seventy seven, its time to be in earnest!” Ms. James is a big fan of Dr. Johnson and leads a London society that honors him annually. She believed his writings were better than William Shakespeare’s. I recall not particularly liking Dr. Johnson’s when I first read about him, because of his objection to the American Colonies seeking freedom. He wrote a pamphlet entitled “Taxation No Tyranny” in the defense of Parliament and against the idea that “taxation without representation” is unfair. He argued that Americans have no more right to govern themselves that the Cornish peoples. All supporters were ‘traitors’. I remember Benjamin Franklin at that time in London trying to get Parliament’s approval wrote a satire about the Saxons objecting with force the unite of the Island now called Britain. Dr. Johnson became most famous due to his creating a dictionary and an annotated edition of Shakespeare’s plays. The main innovation he made in the Dictionary was to include an illustration of the use of the word from other literature. It took him nine years to complete it. It was noted as the greatest single achievement of scholarship until the Oxford English Dictionary some 150 years later. The same method was used in creating the OED but it took some 30 plus years to finish the first edition. It is never “finished” because unlike Italian and French words are  not approved by Academe’ but grow and go with growing of the culture. I think I read that some 5000 to 6000 words are added each year. Thus every few years there is another edition of OED and other dictionaries.

The humorous Art Buchwald wrote, “Whether it’s the best of times or the worst of times, it’s the one TIME you got!” How true! I am reminded of it now with my huffing and puffing when I do something physical. My cardiologist diagnosed it as ‘old age’. That was nearly two months past. The problems seem to be better some days and not on others so I am going to seek another opinion.

We spent the first week of October at the beach. The beach is St. Pete’s Beach and we had a condo for  a week. The condo building is located on the northern end of the beach.  Every unit in the building has a balcony facing the water, the Gulf of Mexico. It was a great joy and comfort to sit out there as the sun rose. I contemplated the greatness of the Almighty as I looked out over the water. Looking to the south you can take in the entire beach of at least three or four miles. The waves were breaking (not quite like the Atlantic) and the birds flittering about in the silence of the new day. The sky some mornings full of clouds that begin to break up as the pink of the sunrise taints them. Soon we can say “Thank you God!” for a new day has begun! Oh! How I longed to join the walkers and runners who now appear along the water’s edge, but I can only watch and be glad for that! We had a grandson, David Hopkins, who spent the week with us. It was great since he loves the beach and water and could keep June company. I’m not a beach person. We also had friends who came and kept her company. On two days we had ‘rainbows’…one of them a double! All which made our stay even more joyous. Next year we promised to make it two weeks!

Till next time, Pax Tecum!