The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1875-04-14
TO SCHOOL TRUSTEES.
Shall SchOOl-HOuses be Rented ON
Sundays for Religious Purposes?

sundays Tor Religious Purposes!
The Superintendent of Public In
structiOn, In cOmmunicatin to Ed
mund jackson, Walcott, Indiana, in
answer to the question if school trus-
tees have the right to rent out their
school-houses to persons who desire
to occupy them on Sundays for re-
ligious purposes, says:
/. Section ten of the school law of
1865 provides that the trustees shall
have the care and management of all
property, real and personal, belonging
to their respective corporations, for
common school purposes, etc. Sec
ton 30 of the same law provides that
the director of district shall take
charge of the school house and the
property belonging thereto, under the
general order and concurrence of the
trustee, and preserve the same etc.
The act of March 3, 1859, provides
that If a majority of the legal voters
Of any district desire the use of the
schooi-house of such district for other
purposes than common schools, when
unoccupied for common school pur-
poses, the trustee shall. upon such
application, authorize the director of
such school district to permit the
people of such district to use the
house for any such purpose, giving.
equal rights and privileges to all re-
hgious denominations and political
parties. without any regard whatever
to the numerical strength of any re-
ligious denominatio or political party
of such district" q G. & H., BID.
This is the law which bears upon the
point in question.
2. 1t will be observed that the
trustee is made responsible for the
care, management and preservation OF
the school-houses in his school cor
poration. This trust he cannot alien
ate.
1t is true that it is his duty to per-
NIT the school-house to be used for
other than school purposes when the
terms of the law quoted above have
been complied with, but it is equally
true that it is contemplated by the
law that the trustee shall retain such
control of the school-house as will
enable him to enforce the provisions
of the law. Inasmuch as the
trustee must give equal rights and
privileges to all religious denomina-
tions and political parties, it is clear
that he cannot make a contract with
any party by reason of which one de-
nomination or one political party shall
obtain possession of the house to the
exclusion of any other, except for the
time being, or by reason of which the
control of the house shall pass from
his bands.
3. 1t is not necessary that the
voters of district petition the trus-
tees on each separate occasion that
the house is desired for other than
school purposes, but if general pc
tition be filed with the trustee, in
proper form, requesting, for example,
that the house be used for religious
purposes, he may then permit the
house to be used, as occasion may re-
quire.
f. In the absence of an expressed
desire on the part of the voters of a
district, it is held, in accordance with
the uniform ruling of this department,
that the trustee, through the spirit of
accommodate ton rather than by strict
of the law, may permit
school houses to be used for religious
and other public meetings when he is
satisfied that majority of the district
do not object.
s.. In all cases when school houses
are used for such purposes, it is the
duty of the trustee to prescribe and
enforce such rules and regulations as
will protect the property from injury. !
g. 1t is evident that the provisions
of section 6, act of March 3, 1859, ap-
ply only to districts in townships, and
not to cities and incorporated towns.
Ind. Journal.