Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-08-21

portanco. The Catholic priest of Brattle
born, VI, asked the School Committee o
that town for permission for the Catholic
children in The schools to attend Divine
Service on the holy day Of Corpus Christi
This permission was refused; and tho
Catholic parents Of Brattlchuro kept thcil
children from school on the forenoon d
the day and sent them to Mass. In tho
afternoon, on presenting themselves at tho
schools, the children were all suspended
for the remainder of the term.
The Catholic parents took tho case to tho
Supreme Court, seeking for AN injunction
to restrain the suspension Ct their children
and JIdec Wheeler of that court last week
refused to grant the injunction.
We take from Judge Whcclcr's publish
ed decision the following features Of tho
easel
The main question raised by the motion
is whether the orators have the right to take
their children, who are scholars attending
school, out of school to attend divine SER
vice according to the usIgcs OF their Church,
during the session of school, against the
regulations of the schools, rs made by the
committee, or the committee have the right
by regulation to require punctual attend
ancc 10y the scholars on all sessions Of the
schools, and TO cNpcl scholars for violating
the regulation by absence To attend divine
service.
Judge Wheeler then shows that the laws
of the state make it the duty of the School
Committees and Superintcndcnts "to a
dept all requisite measures for the inspec-
ton, examination and regulation of the
schools, and for the improvement of the
scholars in learning" and makes the meas
uics of the town superintendent paramount
in eases of disagreement or difference hc-
tween them. the Judge continues =
In dclcgating Ia committees aud superin-
tendcnts the authority to adopt all requisite
measures for regulating tie schools, the
Legislature conferred upon them a trust
very important to scholars and parents as
they are connected with the welfare of the
schools In determining what measures to
adopt, aud how to enforce them, committee
and superintendent act in "A capacity that is
in its nature judicial. 80 iOng as hey act
,rithin the scope Of their authority and not
IN UioldtiOn Of any lars Of the state, their
decisions i'm respect g. these matters, sub
icct to the superiority of the superintendent
over the committees, are final.
The Catholic parents seeking the iniu ne
tiun, urged in argument that the School
Committee in eXpellng the children vio-
lated Article III. Of the State Constitution,
which declares that ~ man can "be
justly deprived or abridged of any civil
right as a citizen, on account Of his religious
sentiments or peculiar mode of religious
in Il lttt Ia Mi f.t
ought to lie invested in or assumed by any
power whatever, that shall in any case in
teriere with or in any manner control the
rights of conscience in the nce exercise Of
Worship
Judge Wheeler puts aside this argument
fleets anything hut honor on his high posi-
ton.
We do not like harsh words, bat We can
not express our opinion OF Judge Whecler's
reasoning on this point unless we call it
trickery. He speaks all through
On the side OF the school committee, as we
should expect 10 hear a cunning lawyer
speak on the side of his clieut. We give
his own words:
Pope Urban W., in the year 1864, APP
pointed Thursday of the week after Pente.
cost for the celebration of the feat called
Corpus Christi, and since then this festival
has been kept as one OF the greatest in the
Roman Catholic Church, ana the day l. one
on which there * strict obligation on
members of that Church to hear Mass and
refrain from servile works. The orators
have as pertcct right TO keep tins festival
as any member Of any religious denOmina-
ton has to worship according To its usages,
except that the constitution enioins all
sects and denominations OF Christians to
observe the Sabbath and no notice il taken
by any law of this State of this festival.
And II NCy hare been deprived or dJridged
of dny ciUu IIJht on account Of keeping his
JeStiUdi, or any authority to interfere with
or control their right To keep il has been as
sumed by the committee, in the making
and enforcement of the rule IN question, as
against the orators, then The 1tdLiRg dl,d en-
JOrecmem Of tie Tttic is SO Jar UHtdUJW. If
the rule prohibited the scholars from hear
ing Mass or attending other religious SER
vices OF the Catholic Church or otherwise
keeping this festival, and prON!dcd for
their exclusion from school II they Viulaicd
il, then tue committee by making II would
assume to control the free exercise OF the
rights of worship, and 10y enforcing it
would deprive the children of the orators,
and perhaps the orators themselves, of a
civil right. But the rule does not appear 10
be 0idde IN reference to dHy religious nor
ship. For aught that is shown or claimed
the sessions of the school are arranged for
the equal good of al! the scholars, and this
regulation requires punciual and regular
attendance upon these sessions by all schol-
ars of all denominations alike.
The schools are there provided 10y all,
regulated by general rule, applicable 10 all,
and all are allowed 10 enjoy equally the
benefits of them by complying with these
rules. This regulation would not inter
Iere with the worship of the orators or of
their chi drcn at ali on that day otherwise
than by requiring the presence of children
Mt school at the same time that it was de-
sired elsewhere for worship. Bat such
constitutional provisions rs this arc not
violated by every requirement Of any per-
son at place where he cannot engage in
religious worship as he desires 10, or where
ii is against his conscience to be. No one,
probably, would claim that an officer who
had either Protestant or Catholic in GUS
tOdy oil criminal or civil process would
violate such provisions 10y keeping them
away from their place Of worship on Sun
days. Courts of justice sits on days re-
Pardcd by many persons as holy days on
which it is against their consciences 10 en-
gage in business, hut such persons have
not the legal right 10 insist that their causes
which cannot be tried without their pres
ence shall not be tried on such days.
Is this quihbling sophistry or not? Boil
down this utteranco--what do we find?
Judge Wheeler declares that the Catholics
of Brattlcboro have a right to observe this
festival, a right guaranteed by the consti-
tuition; and that "if they have been de-
prived of any civil right on account Of
keeping this festival, the making and the
enforcement of the rule swrong." "Bnt,"
he adds, and mark the shallowness of this
The rule does not appear to be mace in
reference to any religious worship"
OF course ii was not made in reference to
any religious worship. The rule was made
by the committee in reference to TIE attend
ance of scholars but the rule of article III.
of the Constitution is higher rule, and
was made for the protection Of all the peo-
pie. No amount of clever evasion will