Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1876-03-03
THE BRATTLEBORO SCHOOL CASE.
DECISION OF THE SUPREME COURT,
OPINIO
THE HON. JAMES BARRETT.
JAMES FERRITER AND OTHERS v. j. NJ. TYLER
y. NJ. WAITE, II. ". CLARKE, AND SCHOOL DIS
TRICT NO. 2, IN BRATTLEDoRo.

the scope and limits of the case that is be-
fore us. The case is made 10y the bill and
answer. Such facts alleged in the bill as
are admitted, or are not denied by the an
swer, are to be taken as established. Such
facts stated in the answer as are pertinent
to the subject matter and grounds of the
relief sought by the bill are TO be taken as
established. 1t thus is shown that the ora
tors are members of the Catholic church in
the village Of marlborough, that Father
Lane, the priest of said church, acting in
behalf OF the orators, on the morning of
June 4th, 1874 sent to tho defendants, who
were the prudential committee Of the
school district in that village, this note:
"You will confer favor on us Catholics
by exempting the Catholic children from
attending school on all holy days. should
have called and explained our reasons, but
have not had opportunity as yet"
1t was received by the committee about
teri- minutes before the time OF commence
ing the forenoon session Of the schools on
that day. The committee Immediately re-
piled by written note:
"Your note is just received. To comply
with your request involves closing two of
our schools, and greatly interrupting sew,
eral others. This we never have done and
cannot do. We have great pride in our
schools, in which the Catholic children are
treated as well as any,"
The bill states that the 4th day Of June Is
considered, regarded and set apart as ho-
" day by said church and denomination
that it has been the custom and immemori-
al usage of all good and devout Catholics
TO attend divine service on that day; that
they were directed by their spiritual advis-
er, the priest of said church, TO attend re-
ligious services on that day and have their
children do so.
1t is stated in the answer that the defend
ants had no knowledge or information, ex-
cept from the bill, that said 4th OF Juno
was regarded by Catholics as a holy day, or
that they we're bound in conscience, or by
the rules of their church, TO attend relig-
ious services on that day. 1t appears by
the answer that on the day before, the Cath
ole children in the different schools in
formed their teachers that they should not
attend school on the next day, that it was
holy day, as some of them said, and as 9th
ors said, a holiday, aud that they had
been directed by their priest that they
were to attend services at their church
on that day; the teachers replying
that they could moi be excused for
that purpose; that one OF said teachers in
formed TIE committee on that day, OF the
proposal Of her Catholic scholars, to be abb
sent TO attend church the next day that on
the morning Of said 4th of June five or six
of such scholars called on the committee
and said thcy had heard that the COM
mittec would not excuse them If they were
absent to attend church on that day TO whom
the committee replied that they had not
been requested to excuse them, and that
they could not have done so II they had
been requested; that said children went TO
their priest and soon returned with the note
from him above recited.
The foregoing constitutes all that passed
by way Of application or request to tho
commi ttee and teachers for permission TO
be absent from school on said 4th OF June.
And there was nothing more tending 10
show That the priest sent said note by the
request of the orators, or that the commit
tee knew he was acting by their request in
sending il. Somo sixty Catholic children,
by direction and command of their parents,
were kept from school to attend religious
services on said 4th of June, being, as stat
ed in tho bill "holy Corpus Christi day."
A few Of them applied for admission TO the
schools in the afternoon of that day, and
all, or nearly all, so applied the next morn
ing, when they were told by the commit
tee that as they bad absented themselves
without permission, and in violation Of the
rules of the school, which they we'll under
stood, they could not return without an as
surance from their parents, or their priest
that in future they would comply with the
rules of the schools, the committee assur-
ing said children, and many OF their pa
rents, and also the priest, that if said schools
would not again be interrupted in like man
ner they would gladly admit said children
TO them; that said priest and parents re-
fused to comply with such proposal, ant
claimed that on all days which they regard
as holy they may, as matter of right, TAXI
their children from the schools without any
regard to the rules thereof, or TO the injury
they thereby do to them that there arr
eight or ten of such holy days in each year
six or seven of which usually occur wheI
said schools arc in session that never be
fore the present instance have the Catholi
children been taken from the schools 10 al
tend any religious service at their church
nor had any claim OF right 10 so take then
been asserted by their parents or tn
priest that tie laboring Catholic men an,
women in the village were generally a
their accustomed places of business and la
bor during the day, and labored as on 9th
er days, aud many OF their children wer
at play in the streets and elsewhere durin
that day; that some four years before, tn
priest, Father Halpin, asked OF the com
mltee the privilege Of taking all the Cath
Ollie children from said schools to atten
some service at their church on 4 certai
day, which was denied him, and on its be
ing explained TO him how injurious TO th
schools the granting of the request woul
be, he Withdrew the request, aud alway
held services at his church at hours tn;
would not conflict with the sessions OF ID
schools; that up to said 4th of June aboT
$50 Catholic children we've attending sal
schools, distributed through all grades an
classes thereof, tho whole number of scho
ars being about 600; that for more than Ia
years the committee have required as ru
for the regulation of said school and IL
improvement Of the scholars in learning
that those registered as scholars for give
term, should be constant and regular
their attendance, and not be absent exec
by permission Of the teachers or the con
mittee on reasonable cause shows; and f
the enforcement of the rule, and to secu
such regular attendance, the committe ha'
claimed the legal right and authority