The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-02-17

ClOtheu Will DOtIl JuulCIAl uIIu icsslutlNC
power. The only appeal Is to the people.
That this Is not novel principle may be
seen from the decision in the cases Of
Gillinwatcr Is. Mississippi and Atlantic
Railroad Company, - Illinois Rep l,
MalOy e.. the City Of Marietta, II 0. s.
rep. 630, and Groves c.. Slaughter, decided
by the United States Supreme Court, 10
Peters, rep. 40. Judge Tafl therefore
held in regard TO tho first resolution that
the defendants appear 10 have acted in
the adoption Of this rule with due respect
for the rights and opinions Ofall the peO-
plo entitled 10 the benefit Of the common
schools; that tho rule is not In conflict
with the seventh section Of the bill Of
rights BY the fair and natural construction
Of the language of that section; that If the
Constitution were doubtful, the General
Assembly, upon which the Constitution
had dGv0lvc1 the power and duty Of de-
terrnining wllRt were suitable laws I'M
der said section, has performed Its
duty by passing the common school
laws, and has thereby nude decision
from which there is no appeal except to
the people; that these IRE suitable laws TO
encourage the common schools; that 1t Is
our duty to ascertain what these school
laws are and abide by them, US We cannot
change them or make others, or decide
even what they ought to DG; that the
school laws thus enacted confer on the
BOnrtl Of Education complete discretion.
ary power over tho government and man
Ngcmcnt Of the common schools, inclll.
ding power TO adopt this rule, which Is
not IN conflict with any law or COnstitu.
tiOnnl provision, and TINT this Court, In
assuming to restrain the BOard from car
rying slid rule into effect, is going be-
yOnd It's proper sphere to decide ques-
lion which the law has placed within the
exclusive discretion Of the Board Of Elu-
cation.
In regard to the second resolution,
Judge Taft held that us the School Board,
using the discretion conferred upon II, had
many years ago adopted the rule rcquir-
ing the opening Of schools with reading
from the King James version and apprO-
pirate singing, it was not transCcnding lis
discretion in repeating said rule, and
therefore the courts could not Interfere.
He says: l hold that whether tic read.
ing Of the Bible and singing rs praCticcd
IN the common schools be regarded rs
worship, religious instruction, or us simple
reading and singing lessons, its intr0duc-
ton, continuance or discOntinuanCc Is en-.
tirely within the discretion Of the Board
Of Education.
But the defendants say that in view Of
the various conflicting religious opinions
in the community, IL had become impOSsi-
bic TO give special religious instruction in
tho common schools without inllingingO
tho provisions the bill Of rights, guaran-
tCcing religious liberty and equality 10 all,
anil prohibiting my persons being COM
PEELED to attend, erect or support any
place OfwOrship, or maintain any form Of
worship against his consent, and that,
therefore, il las become the imperative
duty Of the Board to pass both resolutions.
The present opening exercises in the
schools may be iairly said 10 be both M
act Of worship and Il lesson IN religious i'll
strlctiOn. There is no obvious distinction
between using the Bibleas general read
ing book and reading from it us part of IL
form Of worship The plaintiffs claim
that the Bible cannot be regarded us Il
scCtarian book, md that no ones con-
science can he offended by the use Of It;
but in the case of the Catholics whose
children, entitled to the use Of the common
schools, urc about two-tilths Of the whole
number attending the schools, We are
not at liberty 10 doubt the hon
,,,,, - tLnSr conscientious cort,,,1no uVI,nV,
said Catholics prefer TO fOrcgO their right
TO the Joint use Of their common schools,
and to erect and support schools Of their
own rather tllNn subject their children to
the influence Of what they regarded us q
dangerous religious error. They are
practically punished for their cOnScicn-
tiOTls sCruplcS every year To the extent of
$200, 600 in being deprived Of the uSC Of
their proportion Of the school fund. 1t Is
said the Catholics will not be satisfied
with the schools even If the opening Gx-
erCiscs he dispensed with, but this would
not Justify the Board OF Education or the
court in withholding what is due, because
something else is asked.
Another numerous Class Of heavy tax
payers, the Jews, object To the opening
exercises US offending their conscience,
and although they use the common
schools, they have not waived their right
to make this objection. II cannot be said
That the bill oI rights llas simply the Pro-
tcstant Christian religion in view, for
the State knows no difference be-
tween my Of the various forms Of re-
ligion, provided they conform to It's reg
uiation. The cases Of Bloom rs. Rich.
ards, 9 Ohio 81. Rep, 1901, and McGat-
rick rS WATSON, 4 .. S. r., 51l.2, which
Judge TAN quoted ut length, show this.
The trainers Of the present Constitution
Of Ohio were jealous of the ambition of
seCts, and therefore expressly provided
against their intruding their forms OfwOr-
ship upon one another, or any Of them
ever having any exclusive right to or con-
troll Of tho school fund. II isN character.
iStiC Of SCctarians to ignore the COnsCicn.
tiOus sCrlIplCa Of others, but the idea that
Il man has less conscience because lie is
spirltualist or even an atheist,
is not constitutional idea in the State Of
Ohio; nor can any sect, because II includes
IL majority OF the citizens or any number
of united sCCts containing such majority,
claim any preference whatever So long
MS there Is q minority which does not agree
with them, they cannot, claim that their
religion Is unsectarian. The Court will
take cognizance Of the existence of the
Christian religion for the purpose Of pre-
serving civil order, MS il will of all other
forms Of religion. But the government Is
and while protecting aIl II prefers
none, and dispargcs none. Although not
TO he u Christian, it exercises
truly Christian charity.
Judge TAN characterized the progress
in religious liberty from the Colonial times
and quoted from Cooley OH constitutional
limitation to show that no religious i'll
struction could be maintained nj the cx-
pcnse of the State. The Board OF Educa.
tor have simply aimed to free tho COM