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

distributed. -.,,, rbos
lessons chosen naturally those tending TO elevate ny
mind and give wholesome lessons In moral recu'uue'
No religious is required; no act OF worship no sec
meet To xclude this exercise tits not claimed that hey
have any revelation and we are led 10 peneve my
and historical work There censorship over the
classics The crusade was against the Bible only agan,'
the hook recognized by every civilized nation as sacred
and that holds the prominent title Of The Book II
it is excluded any other must follow on the ground that
they offend the conscience These resolutions are q
sweeping edict and leave the pupils not only without
hope but without God Not even natural religion may
referred TO geology but not to Genesis one asks Why
the Sabbath observed the teacher must AK pernsU
OF the Board Of Education before the question can DC an
swered. -.
In the whole case we conclude that have complete
jurisdiction that the presents equitable gtets
for our Interference that the powers OF the deieus
have been transcribed that their action IS unu o"
and void, aud the injunction must he maze pcIPetudI
THE DISSENTING OPINION.
Judge Taft followed with dissenting opinioniea'lhg
separately the two resolutions passed by the oc'ooi
Board, the first OF which enacts new rule prohibiting
all religious instruction, and he second repeating III
old rule doing away with the reading OF the BlOe Win
appropriate singing, opening exercise TINS resou
ton erprets itself by declaring ~ 10 DC tno ne, md
thereof to allow the children OF parents OF all secs anu
he benedt of the common school fund. There il no
suppose that the Board had any other OBJECT III
mnnity seemed TO them TO require that the instruc'
tions in the schools, which are, sup
Issnsr knowledge Sedt and moral and intellectual
culture in orderto carry ont the spirit ana %
equality TO ALL and prohibits the application OF he sCnuo
fund to secaran uses The Board meaning 10 Se
term sectarausm" for fear that dispute might arise
to the precise meaning Of the term The resolution
ration OF extracts from the Bible into books Tor nsruc
ton in reading nor does the presence OF snch extracts
make said books religious any more than the extracts
from any classical author make them Pagan
There evidence of any official oppression or abuse
lie of disregard
rights of sacred things 30 justify interference from the
Court if il has acted within the legal power That the
Board has so acted evident the fact that while the
Constitution holding religion morality, ana Knowleuge
10 essential to good government dev0ves the duty OF
passing suitable laws to encourage schools and The means
OF instruction upon the General Assembly IL neither
prescrbes the KIND OF instruction nor that religious IN
sruction shall be given in all the schools encouraged
in any Of them, but leaves the whole matter TO me a
cretion of the legislature; aud second from the fact
that the Legislature in the exercise of It's unlim-
tied discretion in issuing the law establishing
sructOn to be given in them but leaves the whole mat
for the Board Of EducaOn and so far from assoca
ing the idea Of special religious instruction with them
expressly prohibited any sect sects from having any
control Of the schoofund But the Bill of Rights in assert
ing "reigOD," together with morality and knowl-
edge" TO be essential TO good government evidently
religion in the broad sense of reverence and love
toward God and charity toward men. as means OF en-
couraging the cultivation Of this sentiment directs the
General Assembly 10 pass suaGe Avs oo.n 10 paOeUI
ment Of its own mode Of worship and so encourage
the schools and OF instruction But II does not
appear that either the trainers Of the Constitution or the
Legislature. acting under its authority, were Of the
that special religious instruction IN the schools
necessary to secure religion AS there nothing TO
that they held instruction in secular knowledge to
they may presumed to have regarded all sound know
edge promoting morals and religion. Especially is
special religious instruction III the common schools
for the Bill Of Rights does not even specify the kind OF
schools to be encouraged The argument for special
lgous instruction in the common schools under this clause
would make special religious instruction necessary
part of the instruction III all schools Of whatever char
acter Another fundamentally than the schools, for
teaching religion is recognized and provided Tor in the
ou M rel
sisted that the provision in regard to religion is not salts
Ned by the protection Of all religious denominations, but
requires the passage Of laws encouraging schools &C.
even il follow that they to be schools
with special religious teaching for the Bin of Rights
simply says SCHOOLS in general But suppOsne the
word religion 10 have been used. in the narrow
Of the Protestant Christian religion it would then require
:, distrbntlye construction (singnIa si10liIisl Of
the clause Religion would then have 10 be regarded
as the auecedent the words respecting the projection
of all religious denominations. and knowledge the
tecedent to those respecting the ENCOURAGEMENT Of
promoted by both It would not however alter The
not only the words morality and knowledge" but
all religious denominations were entirely omit
be special religious instruction in the schools,
IL is not expressly provided for fOrtiDr from the
that the Constitution Intended TO fix specifically
gOus character on all the schools therefore, If there is
now religious instruction in the common schools, It is
by the will of the Board Of Educauon whom
soute discretion is given by the school laws determine
Court could not interfere with them Even If the
plaintiffs right in their Interpretation Of the require
lncns of the bill OF rights, these requirements have
force pro o r,gO but necesstate the passage Of suit
able laws 20 give them effect and when these laws
passed they must be regarded by the Court suitable
for in passing them the Legislature is clothed with both
judicial and legislative powers The only appeal is to the
In regard to the second resolution Judge Taft said
that the School Board using the discretion conferred
upon it, many adopted the rule requiring the
opening Of the schools with reading from the King
m p epsa5e a Ss nS It ,bGr
fore the courts could not interfere. He says: ~ mold
that whenever the reading Of the Bible and singing,
schools. II
religious instruction, or as simple reading and singing
lessons hs introduction, continuance dsconnuance
is entirely within tile discretion of the Board Educa
lion The present opening exercises in the schools may
he fairly said to be both act Of worship and lesson IN
religious instruction. There an obvious discrimination
between using the Bible general reading book and
The plaintiffs claim that the Bible cannot t' be
onos conscience be offended by the OF it; but
the case of the Roman Catholics whose children. entitled
10 the OF the common schools about twofths OF
the whole number attending the schools, we are not at
liberty 10 doubt the honesty OF their conscientious scru
their rights 10 the joint OF the schools and
to erect and support schools Of their own than
eY pnnisheS for their conscenticus cy ase Pac
year the extent of s200O0 in being deprived OF
use Of their proportion OF the school fund 1t is said that
the Roman Catholics attn wl not be satisfied with the
but this would not Justify the Board Of Education the
Court in withholding what is due because something
Another numerous class OF heavy taxpayers,
the Jews object TO the opening exercises as offending
their conscience. and although they use the common
schools they have not waived their right to make this
objection. 1T cannot be SAID that the bill Of rights has
simply the Protestant Christian religion in view for
state allows difference between any various
forms OF religion provided they conform TO the civil
regulations. 1t Is characteristic OF sectariaus
to ignore the conscientious scruples OF Others
but the idea that man has less cOnSci-
because he IL Nationalist, Spirituaist
even Atheist, is not constitutional idea the
State Of Ohio Nor can any sect because II included
majority OF the citizens or any number Of united sects
containing such majority. claim any preference what
long there is minority which does not agree
with them They cannot claim That their religion is un
teCtaran. The Court will take cognzance OF the exist
enco OF the Christian religion for the purpose Of
ing civil order, will of all forms of religion, but the
Government is neutral, and while promoting all, II pre-
fers mono aud dsparages nome although not prOessng