The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-07-19

such as the Pope's Encyclical Letter, the
DEGREES of the National Councils OF Balti'
more. the Provincial Council of Cincln-
natl, the Lenten Pastoral of the Bishop,
and his controversial letters on the |
school system, written to the Herald in
1878.
There is therefore no ub'tantial dis
pute as to the facts about these schools,
the mannerin which money is raised
with which to build and support them,
the purposes to be subserved by them,
and the method and instruction adopted
therein. s
The following is brief synopsis Of
the most .I.g
MATERIAL PROPORTIONS OF THE FACTS
as shown by the evidence; go.
First-It appears that about 5000 chill
dren of the city are receiving instruc'
tions in these schools without expense
to the State.
Second-That these children are al
most, if not exclusively the children OF
Catholic parents.
Third--That the conduct Of the schools
is generally under the direction of the
priest, who employs and dismisses teach
ers, paws their salaries, and in case of OPP
position from the lay members, the Bish.
op is entitled to settle any dispute; and
appeals may also oe made to the Councils
and the Pope. .
Fourth-That the schools are open to
the public, alike to Protestantand Catho'
lie on the same terms.
Fifth-That these schools, though the
title of the property is in the Bishop, are
wholly acquired, paid for and supported
by the voluntary donations ofthe congre-
cations of the respective parishes Of the
church, except that parents of children
who attend are expected but not required
to contribute for tuition from twenty five
to thirty cents per month; but whether
they pay or do not pay their right to at
tend the schools is unimpaired
Sixth-That these contributions, which
are said to be voluntary, amount to but
small proportion of the actual current ex-
pense of maintaining them after the pur-
chase OF the lands aud erection OF the
buildings.
Seventh That none of the school pro-
perty in question is used by the Bishop
or the people, or in any way leased for
the purpose of personal or pecuniary
gain, nor does any income arise there"
from.
Eighth-At these schools, in addition
to the usual branches Of secular educa-
ton, instruction is given in the Catechism
religious and Bible history is taught to
the children "irom Catholic licstandpoint;"
the schools are opened and closed with
PRAYER each day AMI the Apostolic creed
is recited by the pupils, 1t is said, how
ever, that peculiarly Catholic exercises
are not required, by the rules, of non
Catholics.
Ninth-These schools are probably es
tablished by the several congregations
under the impetus Of the actions OF the
Councils of Baltimore, and the general
teachings of the church, for the general
purpose of instructing the youth of their
congregations in the principles of the
Catholic faith and morals along with
general literature, and because that they
considered that the common methods OF
education fostered heresy in the minds
of Catholic children, and because they
} considered the books in commonuse had
} tendency to impugn the principles Of
the Catholic faith, falsely set forth the
dogmas of the church and to breed
contempt and hatred for the Catholic
faith.
Tenth-It also appears that the parents
: of Catholic children are subject to church
, discipline for refusing, without good
reason, to send their children to these
schools.
The several provisions of the Constitu.
ton of the State of Ohio and the statutes
passed IN pursuance thereof, bearing on
the general question, are as follows: Ar.
ticle IL, section I'd, of the Constitution OF
the State of Ohio, provides that claws
shall be passed taxing all moneys, lands,
&C., &C., 4 X but burying grounds
public school houses, houses used exclu-
sively for public worship, institutions oi
purely public charity may by
general laws be exempted from taxa
tion," &c.
Section 7, article 1st, of the Constitu'
ton, provides that mo preference shall
be given by law to any religious society
nor shall any interference with the rights
, of conscience be permitted )" also that re-
ligion, morality and knowledge being es
2 sential to good government. it shall be the
r duty of the General Assembly to pass
!, suitable laws to protect
EVERY RELIGIOUS DENOMINATION
r in the peaceable enjoyment of its owr
; mode of public worship and to encourage
schools and the means of instruction.
] Section of article Of the Constitution
r provides for the establishment by thu
State "of thorough and efficient system
I of
COMMON SCHOOLS
! throughout the State"
= The statute of 1854 amendatory of tn,
; statute of 1859, Swan and Saylor, pag
76l, provides for the
8 EXEMPTION FROM TAXATION
: of various kinds of property, to wit:
First-All public school houses &c.
j Second-All houses used exclusively 70
; public worship &c.
Third-For gravey ards &c.
Fourth United Stats property.
Fifth-Court houses, jails &c.
! Sixth-Houses for the support of tn
= poor.
J Seventh-"All buildings belonging t
: : institutions of purely public charity, to
y y gether with the land occupied by sal
y institutions not leased or otherwise use
y u, with view to profit" g."
= 1t is perfectly clear from the contem
= plation of these provisions and the fact
= in regard to these parochial schools an
10 school houses of the Catholic Church ths
) they are not "publc school houses" will
Y in the meaning of article IL section 2 Il
~ ~ the Constitution, authorizing the Legil
y lature to exempt them from taxation an
y it is also clear that they are not exemT
u y from taxation by virtue of the similt
= provision of the statute made in pursl
y ance of such authority, exempting "pul
Y lie school houses" The Supreme Cou
Il = of our own State having distinctly bel
10 that the "public school housesD therei