Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1889-11-14
PUBLIC SCHOOL HOUSE
Cannot Be Used for Private Purposes.

Cannot Be Used for Private Purposes
For several years it has been held b,
this department that a public schoo
house cannot 0e used for private pur
poses; that when not otherwise order
ed by the people (section 7O44) it cal
be used only for public school purposes
but should the school house be votet
open "for religious. literary or Other
public purposes" it can be used fl
these purposes and public school, an,
nothing else. This decision was new.
er called in question until about on,
year ago. when the wheelers com
menced holding their secret meetings il
the public school houses in differen
parts of the state.
i A decision upon this point was
sought at the hands of the attorney
general, and he sustained this depart
ment in its decision, holding that "nt
secret society, order, club or lodge car
legally use public school house for it!
secret meetings"
This decision has been denounced by
many of the wheels as a direct stroke
at the wheeler organization, and they
have passed some foolish whereases anC
fiery resolutions, denOuncing the attor
ney general and myself for promuIgat
ing such decis on. Now, let US exam.
inc this case.
Section 7044 was enacted in 1874 and
incorporated into the revised statutes
1869 as section 7O44. School houses
were used for publis purposes under
said law until 1873, when the supreme
court (67 Mo-, p. 30I held that" ga pub
lie school house, put up and furnished
under the school law, cannot be used
for the purpose of teaching a Sunday
school,"
| The general assem- bly, in 1881 amend
ed section 7O44 SO as to permit a public
school house to be used "fOr religious,
literary or other ublicpurposes" when
authorized by majority of the qualified
voters of the district. 1t will be OBJ
served that these are all public pur-
poses. aud must bejust as free and open
as religious or literary purposes. This
Is all the law upon the subject; but it
| is plain and unmistakable in its intent.
Yet these wheels have passed a reso-
luton that, Notwithstanding the law
and the decision of the attorney gener-
eral, they Will continue to use the pub
lie school houses for their secret meet
| ings; pledge themselves never to vote
tor Jno. NJ. Wood or w. E. Coleman
for any Office" Well, now, who cares
| if you don't. AS far as / am concern
ed, l am not asking the wheelers for
their votes, but being a sworn official,
/ propose to do my duty. irrespective
of the foolish denunciatory resolutions
of a few Wheelers, who. while making
loud boasts of their enforcing whole
some legislation, are simply detying
Ia W and rendering themselves ridcu-
lous in the eyes of all true, lawabiding
citizens. When the school law was
being revised last May, Hon. W.. &.
Hall of Randolph county offered an
amendment to strike out the word
public" in section 7044, so that pub
lie school house might be used for any
purpose desired by a majority of the
qualified voters of the district. But his
amendment failed, as it should have
ground of even the amendment of 1881
being unconstitutional.
There are now on file in this depart
ment two decisions rendered by II. S.
Kelley, circuit judge, to the effect that
"a public school house, though voted
open by majority of the qualified
voters of the district, cannot be used
for other than public school purposes"
Therefore, he made an injunction per-
petual to restrain the people from using
a school house for church or "rellgious
purposes" Both of these decisions
have been rendered since the amend
ment of 1881 on the ground that 1.-THE
amendment of 1881 is in conflict with
the constitution of 1875"
One case was decided in Andrew
county in 1884 and the other in Noda-
way county, November q, 1886. No
appeal was taken. The wheelers will
find that when they "assess each MEM
Der 15 cents to test the case" they will
get ruled out of the public school
houses ofthe state, and by their persist
ence will rule out Sunday schools and
religious worship, whenever the case is
brought before the court of appeals or
supreme court. Now let me say in all
candor to these wheelers: State officers
do not make laws; the legislature
makes them. and all good citizens will
respect them while on the statute
books. Many wheelers have told me
that they could not endorse those reso-
lutioDs. No wonder, for they are SIM
ply revolutionary in the etxreme--
nothing more nor less than the spirit
of anarchy prompted them. But don't
forget the decision: "No secret society,
order, club or lodge can legally use a |
public school house for its secret meet
ings." w. E. COLEMAN,
State Sup't of Public Schools.