The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-23

let was again before Board several times during the
year, without the obtaining o! any result.
On the 18th Of May IN the present year, the agitation
was renewed by resolution adopted at special meeting
OF tho Beard directing the Comm ttee By Laws Rules
and Regulations, to report by law on the subject Tho
majority OF that committee, without any kuo Tledge
the part Of the undersigned " intention TO do So at
special meeting Of the Board called without notice that
busncss OF such Importance would be submitted
presented several amendments to the existing BY laws
Intended 10 compel "al the public schools OF this
city, under the jurisdiction OF the Board Of Education to
BIO opened by the reading OF portion Of tho Holy Scrip
tures without note comment" under the penalty Of
forfeiture Of the situations OF the teachers in OF
violation OF the by laws No presented for the
adoption OF these new by laws nor attempt made to show
any authority in the Board TO enact them to point out
either their proprety or necessity An effort was made
to pass forthwith the by laws esened in this naked
manner for the consideration Of the Board but those op
posed to their adoption finally succeeded In laying them
until the next meeting. AT that meeting after
fusipg by majority of allow the matter to be post
poued in order that the undersgned who had been
present at the previous meeting might present their views
forced through the Board without any opportunity being
permitted for their discussion amendment and without
any attempt being made to vndcate them or to demon
strate that the Board had any power to pass them.
Under these circumstances II purely matter OF con-
lecture upon what basis other than that OF an arbitrary
WILL those whose who have adopted these amendments
rest their action. That II is not upon direct authority
OF law will be clearly seen BY the section OF the existing
statute (lS5i) upon The subject, which is as follows
Fec 49, No school shall be entitled receive any portion
d pM;icaar 0hiisisn other ,ssisu. sect sas ss
containing favorable o. preudcsl parcu
soas rect er .ics shall the
other religious sect or which shall refuse to permit me vi,
he the
s s Or say
but rot be competent for the said board OF Edo aou 70
note shall be Used 10 suy Of he schoos Provd
as secured BY he
OF this State ard OF the Uni ed states.
will be observed that the direct provisions of ths Sec
ou merely prohibory, and contain grant power
to any person or any body ana that The qualification as
the OF the Board of Education entirely rearc-
ve II Is rot authorized by this section to do anything
and so careful was the Legislature that the restriction
seanst deciding what version of the holy Scriptures should
be used should not be trued implying
version, that the words sif any, were inserted mani
sty for the purpose Of precuding all doubt upon the
subject.
to mean otherwise than that 1t shall bs competent for
tue Board Of Educion TO decide il any version OF tho
Hoy scriptures without note or COMMENT Shall be ussd
IL any of the schools.
This would seem to BIO sufficient. What man. no. car.
red either by bgotry fanatcsm or beyond
the BOUNDS Of reason would to find
prohibition SO explicit authority tor the exercise OF
TINS power in the forced and inferents construction of
oher sections? And this the desperate OF
those who have passed these Amendments
the authority 70 be found in the power to enact by
laws? That power is given in the following terms"ro
make rules OF orter and by laws for the Of
the Board, it's members and committees, and gene
raj regulations to secure proper and
ulNy III Tue expenditure OF lue SCHOOL m0HeyE.'
Reading the Bible the schools has certainly nothing
to do with 'the government OF the Board, its members
or committees or with ECONOMY aud accountability 10
the per diture OF moneys aud the legislative
the Board does not extend beyond these limits
But II is understood that the advocates Of compulsion
hedge themselves behind the authority the trustees
OF the respective wards "under such general aud
regulations the Board of Education may adopt. to con
tract with and employ teachers jantto-s IN the said
schools and conduct and manage the same and furnish
all needul supplies therefor this provision maufestiy
refers to the business and economical arrangements for
thn chnn1u and CN
tuition and dscipne but taking the broade,t sense
that the widest construction could devise how
direct enactment that, W shall no, be mpetent, for
TIE Board OF Education to decide, W any version OF the
Bible shall be ueeun
Besides another sections of tho Law expressly declares
without any qualification 3hatever, that ouch schools
shall be under tie supervision and government of tho
Commissioners, Inspectors and Trustees Of the ward IN
which they are located
Aga n, the executive officer of the Board Of Eoaon is
the City Superintendent Schools The scncoi law says
that it shall be his duty ''to advise aud counsel With
the trustees in relation their duties the proper Studies
discipline and conduct of the schools Of
tion 10 be purs ued and the books OF elementary
ton TO DO used therein and to examine ascertain and
pert to the Board OF Educaton whether the provisions
his act in relation to igous secaran teaching and
books have been violated in any of the schools It will be
observed that except examine and report to certain
matters hs duties in regard to the schools only ad
visory, and advisory only win the trustees and that,
although he required TO report 20 tue Board Of Eiuca
cn in reepect to reeous sectarian teaching not
made bis duty TO whether the Bible is read not
There provisions Ct The law covering the wnol, subject
and all consistent with each other doubt that the
law does not, and intended to give the Board of
Education any power whatever upon the subject Of the
use of the Bible in the schools. this sstsfac
tory to the advocates Of compusion they began
agitation las. year. they should sought change the
law as they th eatened do in the discussions year
at the recent session OF the legislature this
cone " must De taken as concession either tnat such
an effort could not have that the matter was
cesgnedy kept open for the unworthy purposes Of ag
tation.
The passage Of the by laws compelling .s reading w,s
M rtn nd intrn
The Bible was beng read daily IN all the public ia
the city, except in the FOURTH Sixth and portion of the
Fourteenth wards and the schools in wards
attended by less than tenth of the children going
to the public schools In taess wards ii has never
been read, as regular exercise in any of the ward
echoos; ard the only change 10 regard to Its use
which has been made, from the passage OF the
law OF 1912 to the present time, is, that since tae
Public School Society has ceased to ez and ts schools
become ward schools ia part Of those schools ated
ia these wards the daily reading Of the Bible has been
discontinued. In al OF the wards represented by the
commissioners who voted for the By aws compelling It's
reading, the Bible was daily read in every school, nnd
their constituents had therefore complaint
TIE Commissioners from the other three wards voted
against the and it is therefore TO be presumed
that their constituents did not desire change New
schso officers chosen az the last election but no Sc
rors effort WAS made IN either OF these three wards 10
elect men wtc would change their established policy,
ror has ary attempt been made Ia the loa boards vi
eper ward TO make change nor 80 far as has been
made public, has single voice been ased ia either of
these wards TO sek that the Bible should be read their
schools 1t must therefore, be considered a positive
tory 10 the people who live there; and IL there be
any who desire that their children should be gent to
echools where the Bible is read schools to which
their children would be welcome exist within half mile
any house in Ell her ward The passage Of the By laws
"as therefore clearly act OF aggrees.on spruging
uesife on the part OF those who in the full enjoy
neh ot their own rights Of opinion and conscience to
force their views and practices upon others II NAV be
Gouoed however the wards opposed the use Of the
loe IN 'ne school; we're IN majority and should pass
bylaws prohibiting its use, whether those no so ready
10 exercise arbitrary power would relish il 80 we'll
ilr haap
prevalence OF crime and need for exteugon of edu
cation in the three wards Those no wever who advo
cate compuls'on have not yet shown how education
Will be by the adoption OF by laws epugnan, 10
the people Of any locality, and which, If they were en-
forced would cause them 10 keep their children from the
schoos If those 60 eager for oruasde in behalf Of the
bole VIII examine its pages, they may possibly mbbe
the sprt OF the Apostle TO the Genes who declares that
re became "to them that without Law as withou.
iav I" that he "might gain them tina. without law
Toe Undersigned in opposing the adoption OF these by
feel that they have taken the required by
uuy 70 their own constituents, and not merely OF
oeraty or justice TO others The prosperous school eye
tenn OF our city Invaluable to those they represent 4