New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-16
THE BIBLE IN THE SCHOOLS


BE READ.
CINCINNATI, Feb. 15.-The decision OF the
so OIL q Minor CT al agt The Board OF Education was
rendered IN e Superior Court to-day Each OF the three
Indees prepared an opinion, the reading OF which occu
MED more three hours The courtroom was hiou
with listeners. The plaintiffs had applied for an lhnnc
ton 20 restrain the operation of resolution passeu s
the Board of Education prohibiting tho reading Oh o
Riee 10 the public schools. Judge Hagans dehVereu HIS
Dp,n,on FIRST OF which the following is a synopsis
The fret question that presents itself is, whether me
Cont mas power hear the case and grant te rtei
of the Court That depends on the proposition that II
within the simple principle OF equlaoS ot;or 81
In tins class OF cases 1t must he SHOWN lh e
The hoard was either done in the absence OF authority
or il they had authority that u was hpuseut " ,h1
nower of the Court that under the Code an injunction Is
commandment to refrain from partcuSf5 act anu
thai when the resolutions passed the ola rules OF
the Board were repealed, and the new ones pomngaeu
and that therefore, we must either make new rues OF
restore the old ones which would be rather the once OF
a mandamus; but the pleadngs demand no aInfmauSe
relief nor this case for apgat h cale 81 Within
any principle OF equitable jurisprudence they nave
were subject 70 its exercise. Had the Board power
pass the resolutions complained of IL us actio pro
hhited has Its power been abnsedt These are tne
vital inquiries The defendants cited Bloom agt. Rich
ards Ohio State, 3S and McGetrick agt Wasson 4tn
Ohio State 57 i'm which the Supreme Court held that
neither Christianity any other system OF religion
part OF the law OF Ohio, besides tho objection dt
intnaions I'M two previous cases 1t is sufficient
that if the pleadings were framed with view 10 man
datory relief. these two cases have no application The
Common Schools of Cincinnati are IN opera
ton under the Constitution OF ISL, Inc s seD,
that religion. morality and knowledge, however,
being essential 70 good government 1t shal De the duy
Of the Assembly TO pass suitable laws TO protect
every denomination in the peaceabe enjoyment OF its
own mode OF worship aud 10 encourage schools anu Ihe
means of instruction. The Legislature has nowhere
defined the purposes Of the Common Schools has not
prescribed the text books anything relating TO me
administration Of the system II IS Claimed that "na
ever the Board may choose to omit IN reference 10 con-
ductng the exercise OF the schools ana the couIso
stndy, has been left to thelr Gsoieioi io 81,
be constitutional for the Legislature to make me require
Of the old rule IN pursuance OF me guy eone S
upon them. IT being left to the discretl9n OF tne
That therefore, 10 grant the relief would be 10 usp the
functions Of the School Board ana tha he uihcuIS v
only be reached 10y the per.ouleaI eIeciion o 0ynoo
Trustees But the Legislature has passed suitable laws
and proposition assumes that the Board way 90 Wha
the Legislature cannot 40 so tha we are IeueI W to
construction Of Constitution for neither the Legsla
tare nor the Board can determine this question:
In considering the case IL zoos NOT mhltI
Board had before provided for any reP Gus lnstuc
ton not and cannot IN this case try the validity OF
The old rule The Constitution Of Ohio provides for ample
protection those who believe in Almighty God aud 10
have no religious establishment These provisions are
for the security of the individual Here follows the
two means for the promotion OF RELIGION. NOR,
atty, and knowledge hrst' me Norsmb6 90, ol
furnishes oew TO the religion and morality
of the Constitution and it is true that in the pups and
on the platforms Of all sects question OF religion
morals science. literature art, politics, ana what NOT
been freely discussed and thus these instrumental
conseryator of the public morals and agents for the
diffusion of knowledge our statute books have them
legislation protection OF religious denominations
IN pursuance OF That requirement OF he Constitution
instruction. and provides for thorough system OF com
II is objected that natural religion enough for the
purposes Of the state and that jealouses and violations
of the conscience for which theC constitution provides no
ample protection Will follow the introduction OF religious
instruction into the schools. Considering these obJec-
lions IN order. have the following propositions.
First These provisions Of the Constitution tend to the
bomogenity Of the populations and contain the true
eoHd: The state Is necessary 30 society and originates
in God They therefore lnseparabe The State needs
THIRD: This appears from the legislation for the pro-
ton cannot be deprived, IN 50 far as all are taxed TO
enforce this protection aud the burdens of taxation in
ton In so far all support places and forms OF worship
Fourth: The State uses both scots and schools as in
strumentalities TO secure its end
Fqh: IL is the political tlue Of religion, morality aud
knowledge which the State proposes 10 secure and II is
only this ground that taxation for the protection Of
Justified Donohue agt. Richards as Maine, S79
was case in which it was held that laws not uncog
stliutlonal because they violate conscience.
Sirth: section 2, article OF the Constitution simply
provides that sect or seets shall by law control any
part Of the school fund and it is not Claimed that in that
such result would follow by any decision Of tnls
case.
Serenth: Bloom agt Richards, and McGetrch agt
WATSON have no application IN tins case.
hghM' We nave notlis % w N.' ''g
OF the proper CONSTRUCTION OF me law lhe conscience
must be saborduated to the public good Just as We sur
popl,ti sitprCmd Ter is the maxim.
Einh: We are not to determine the religion, morality
and knowledge intended by the Constitution.
Tenth: II We worship science OF art or collective WIS
dom etc, in any sense and make that worship maui
tesatOn Of our religious convictions, these resolutions
would prohibit instructions therein. -
TeUcRH The pupils Of the high schools read the Bible,
there is no complaint; yet by children without
parents yet by those who are worse than orphans
our schools cannot be secularlzed though il
question whether II would not be better that they should
be- but ~ view OF the constitution wlch we nave taken
he arc II az he In
it may be sad that Christianity is the prevailing
hOn in the state. The moral sense OF the people Is
troed by it, and whatever opposed undernines the
moral support OF the laws ard COrrunts the community
III is not claimed that the Bible does teach all the
virtues and the that adOrn private and public life
Finally thoughtful survey Of our individual weakness
sprt of mutual fOrbearanee and charity. and shall
better labor for the elevation OF our race and spread
truth and civilization on the earth The injunction must
be made perpetual.
OPINION OF JUDGE SLOWER.
Judge stoyer begun by brief statement OF the case,
making prominent the fact the practice Of reading the
Bible IN the schools begun the city years ago, and
had continued ever SINCE but provision had been made
in this time from that exercise any pupil whose
parents guardians desired IT, To this rule DO oense
taken until 1862 when the School Board passed these
resolutions The defendants justify this action OF the
School Board on the ground that many taxpayers are
not believers in the Bige that the members OF the Cain
rect and complete, aud that others are oy 9 us
schools. We VIII dismiss all references 10 the past
history. and all discussion Of authenticity aud authority
OF the Scriptures Nothing IS gained by the assertion
that the Ble the revealed will Of God. This is
the weapon that is always used by the disciples OF
unbref in the penary inspiration OF the Holy Scriptures
We dismiss ALSO references 70 prosecutions by Christians
There can be any Just denial OF the truth by show
ing the inconsistency OF those who profess 10 know and
teach IL.
Separated frG;n all irrelevant matter, the propositions
are: Had the defendants IN the exercise Of their dis
erection, the legal right TO declare that the Bible should
MOI be read In tie schools II such power existed.
may this Court restrain the BOard The provision Of the
Constitution recognizes the exstenceOf the Supreme
Being gives preference to sects. The protection
10 gives religious worship, may well conclude, Is
moi intended apily those who, like the AheAans,
WOrshped the Unknown God. IL 10 the Christian fe-
5ie1on that is recognized by the Constitution The Legis
lature sustained this 10y exemptng the family Bible