The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-12-01
CINCINNATI. .
Tho BIbIo Question.
Argument Before the superior Court
on the Injunction 10 Restrain its
RxpuIalOn from the Schools.
NINrTNNATT. NM

| APNtHAOu AH1AN NuD hGnuOlut
CINCINNATI, Nov. 30
The following points occurred In the
Rrgument Of w, NJ, Ramsey, yesterday,
before the Superior Conrt for the plain
tltIs 10 the case eujoining the School
Board from expelIlnR the Bible from
the schools.
To show themselves entitled 10 the
relief prayed for, the plaintiffs must
establish two proposition; First, That
religious Instruction, In contemplation
Of tho law, In an, essential element OF
onr common school system OF educa.
tion. Second, That the Board Of Edu-
cation OF The city OF ClnclnnAtI has not.
the power 10 prohibit all religious In.
structlon III ihe schools OF The city,
These propositions will be met, It may
falrly be anticipated, n by frat, q
genera denial, and second, the aE-
tirmation that Irrespective OF any
action upon The pATI OF The School
Board, religious ihatIuction Is unlRw-
fnl. respectfully submit that re-
llgIous Instruction Ia an essential
part Of our common schools system or
education. Our common school sys-
tenn was organized under the ConHtitu.
ton Of 1902. Schools were established
by the Legislature In obedience to the
direction OF Lhe .Oonatitutlon itself.
That direction 10 contained In the words
constituting tho concluding sentence Of
the 3dl section OF The bill OF rights
''rellglon, morality and knowledge
being essential 10 The good RoV-
eminent and happiness OF mankind,
schools iaud means Of instruction shall
forever be encouraged by legislative
provision, not Inconsistent with the
rights ofconsClence.n After attempting
to show that the Constitution and Laws
favor religious instruction In Schools,
he says: but affirm with entire conh-
dence as \ proposition OF the law, that
had the constitution been as silent as
these laws as the purpose for which
schools were 10 be established, had Il
simply declared that it should bo the
duty or the Legislature 10 establish
schools, construction would be precise.
ly the same that religious. lnstrnotio |
would be as clearly contemplated as It
IL now by express language OF that In
Strument. He then quoted the custom
Ofpublic schools OF other countries, and |
the grants OF State authority for estab.
fishing schools In the United States,
Athens and Oxford, Ohio, among the In.
stances, 20 show the religious inBLruc-
lion contemplated. In conclusion,
he said that these resolutions
forbid all religious instruction. AS
before remarked, they are in SUBJ |
stance repudiHtion not only OF Chris
tlanity but OF all religion In the broAd- |
est sense OF which the term ID BuBcep.
lible. They clearly constitute such
case a9 waa supposed by the court In
pronouncing the opinion in the Glrard
will case, but tfotn which that case was
distinguished. desire to adopt and to
submit TO the Court as part OF my ar
gument every word Of the great arRu.
ment OF Mr.. Webster In that case; an
argument that was not answered or de.
nled by the Court 30 far as its Conclu.
sions were concerned. The holding OF
the Court that Christianity might be
taught In the Orphans' College by
plouS lAymen, avoided his conclusion
without tcontrovertlug his premises. The
argument occupied three hours. Judge
Stallo spoke two hours yesterday for
the defence, and will conclude to-day.
He said Christianity was no part OF
the law OF The State, but II was certain
duties peculiarly Christian must be
enjolned upon citizens In certain
rights which none but Christians pos
sess. The Observance OF certain no.
tious usually called Christian are
enjolned by the State, not because they
are Christian, but because they are es.
sentlal for The good order OF society.
The Stata enforCes no duly as Christian
duty. The ChristlRn holds no civil
right In preference over persons pro.
fessIng other creeds or no creed. Jews
for instance, have the same rights as
u Christian; the same remedies for
wrongs They can sue. hold property.
office, or vote. His is exemni
FROM taxation the same az Christian
churches. He quoted the case of Bloone
Us. Rtcards, second Ohio Reports, sec.
tion three, page eighty. seven. BE said:
1t is no objection, but ON the CONTRARY
recommendation, to legislative en-.
actment based on Justice and public
policy that 1t be found TO coincide with
The precepts OF pure religion, but, ney.
ertheless, the power to make laws rests
on Legislative control over things tenn.
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