Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-02-17
The bible I'm the Public schools.

We referred yesterday briefly to the decision
made in the Bible case by the superior Court of
Cincinnati mot the Supreme Court OF Ohio as
stated) on Tuesday. The plaintiff In this case
had applied for an injunction to restrain the
operation of the resolutions passed by the Board
of Education prohibiting the reading of the
Bible in the public schools.
Judge Hagans, who delivered his opinion first,
held that the provisions of the Constitution re-
cognized the religion Of Christianity, and ac-
knowledged that religion and morality were
necessary to good gevernment;tha the State used
religion as the means to promote good govern
ment, and therefore the exclusion OF all re-
Hg1ous instruction from the public schools was
contrary to the provisions OF the bill of rights
1t is objected that natural religion is enough for
the purposes of the State, and that jealousies
and violations of the conscience, for which the
Constitution provides no ample protection, will
follow the introduction of religious instruc-
ton into the schools. Considering these obiec-
tions in order, We have the following PROPOSE
lions:
These provisions of the Constitution tend to
the homOgenity of the populations, and contain
the true philosophy of Government
The State is necessary to society, and origi-
mates in God. They are therefore inseparable.
The State needs the bonds and the salutary eff
fects of religious teaching, but nothing more.
This appears from the legislation for the prOtec-
ton Of religious worship, of which every denom-
nation cannot be deprived, in so far as all are
taxed TO enforce this rpotection and the burdens
of taxation increased by the exemption of
church property from taxation. In so far. all
support places and forms of worship against
consent.
The State uses both sects and schools as in
strumentalitles TO secure its end.
"a h.
and knowledge which the State proposes to Sc
cure, Il il is only ON this ground that taxation
Tor the protection of reli gious worship and en-
eouragement for instruction is justified. Dono-
hue agt- Richards (iS Maine, 379) was a case in
which 1t was held that laws are not unconstitu-
tiOnal because they violate conscience.
We have nothing to do with the consequences
OF the proper construction of the law. The con-
science must be subordinated to the public good.
just as we surrender other natural rights for the
same end ''Soias PopuIi suprema ler'' is the
maxIm- We are not to determine the religion
morality and knowledge intended BY the Consti-
tuition II we worship science, or art, or collec-
tive wisdom. etc, in any sense, and make that
worship manifestation OF our religious conyic-
tons, these resolutions would prohibit instruc-
tons therein.
The pupils of the high schools read the Bible,
with appropriate singing and the Greek Tesla
ment- and there is no complaint; nor yet by
children without parents; nor yet by those who
are worse than orphans. Our common schools
cannot be secularized, though it is a question
whether il would not be better that they should
be; but in view Of the constitution which We
have taken, the resolutions are void In other
views OF the resolutions, it may be said that
Christianity Is the prevailing religion in the
State The moral sense of the people is con-
Nual e
rAines the moral support of the laws and cor
rupts the community. 1t is not claimed that the
Bible does not teach all the virtues and the
graces that adorn private and public life. FL
nallv a thoughtful survey of our individual
weakness and imperfection will certainly teach
Us to cultivate a spirit of mutual forbearance
and charity, and We shall the better labor for
tire elevation of our race, and spread truth and
civilization on the earth. The injunction must
De made perpetual.
Judge Storer concurred and the injunction
was made perpetual. Judge TAFT dssented.
Judge Taft characterized the progress of re-
EgiOus liberty from the Colonial times, and
quoted from Cooley on constitutional limitations,
to show that no religious instruction could be
maintained at the expense OF the State. The
Board of Education has simply aimed to free the
common schools from any such conscientious OBJ
JCCuOhs pN cumming tlicHi W SECULAR iiistIuCtoH
and moral and intellectual training, and under
the circumstances il was not only just, but
under the Constitution of Ohio, duty which
they could not omit, without violating the right
of those who conscientoasly object to the prac-
tice under the Odd rule OF the Board.
The counsel for the defendants say they will
carry the case To the Supreme Court, and it is
quite evident that the agitation OF the question
has only begun.
The Cincinnati Gazette expresses the belief
that the opinion CT the Court will be sustained
by the Supreme Court OF ohio, and says that
furthermore this view represents the sent-
rnents Of an overwhelming majority OF the
people CT Ohio