Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1890-10-24
The SCHOOL LAW ISSUE.
felker'S NenomOuS Attack on the De.
moeracy of Wisconsin Answer
ed at Length.
Attitude of the Republicans Shown TO
be Utterly Untenable for
Many Reasons.
Bennett Law Unjust, Unnecessary. In
wise, un-American. uu-Deme-
cratic and Unconstitutional

2l.-Ihe speech of c. w FeIker, is Ike
" to prove boomerang to the republicans.
and they are Scolding at the management
that allowed hlm 10 speak here under re-
publican auspices.
The bitterness with which he attacked
the clergy, the malignity of his virupera.
ton, all combined with the coarSenesS and
utter lack OF argument TO make his speech
the weakest In every aSptCs that has been
made by any S9eake, on the issue this fall.
1t was piece of malicious attack on old
democratic and personal friends from the
standpoint of an alleged democrat
The hatred of the apostate MAS
IN every sentence. None bu. renegade
could 50 bitterly hate.
Denial of Trial by Jury
The great point of his speech which re-
pubicans laud Is his claim that the Ben
nett law does not deny the right of trial
by jury. In this he pettifogged pitifuUv
The Bennett law virtually and In effect
| denies the parent the right of rrial Inv
jury. Mr.. Felker entirely evades the
point OF objection. He does not meet the
issue squarely at all.
The Bennett law denies the right of trial
by jury IN this way. 1t makes the school
board the Judges of the entire matters
which ought to be a good defense when
parent is prosecuted. 1t does
not leave to the jury to decide
whether the parent has a good excuse or
not for omission to send his child to school
The law makes it penal to fail to cause the
child to attend some school in which the
English language is used in teaching
reading, writing. arithmetic ana United
States history But the law provides that
any such child shall be excused from at
tendance at school, 10y the board of rtuca-
ton or schoo! directors of the district in
which such child resides, upon It's being
shown to their satisfaction
l. That the parent is unable to send the
child to school, or
2. That instruction has been given for
a like period of time, or
3. That such child has already acquired
such branches of learning, or
4. That the child's physical or mental
condition is such as to render the chili's
attendance lneXpedient or impracticable.
These excuses or defenseS to a prosecu-
ton cannot be made to the jury. The
law gives the board the fail power to pass
| on these. 1t does not allow them to be
made to the jury. The penalty can not be
| escaped by urging these reasons for non
attendance to the jury. These reasons
! may exist. They my be shown to the
school board, but he board may refuse to
be satisfied. 1t may overrule the excuses
| and then prosecute. The real Judges to
! the case become the prosecutors. The
real and vita! facts which 90
| to show that the parent is
innocent are not allowed by the law to 60
to the jury. When the board has decided
against the parents excuses, however
| erroneous that decision may be, the poor
10 IL
| excuses in court. They cannot be consid-
cred by the jury at ALL Thus. the law
denies right of trial by jury of the real.
meritorious defenses, that the parent has.
He may be too poor to send The iurv
cannot excuse him. He may have suf-
iciently taught the child. That does not
allow the jury to excuse him The child |
may be too feeble in body or mind |
to go to school. These excuses are
decided by an unsworn board and with |
them the sworn jury has nothing to do. |
The prosecutors before the court have |
themselve preiudiced the parents reasons,
ami turned them over to court defense |
less.
For these reason it is said. and fairly |
said, that the Bennett law denies the |
right of trial by jury, because it does not |
ALLOW the defenses the parent has to be |
made before the jury.
This objection to the law no one has |
answered. Mr.. Felker does not try. He |
knows that trial by jury is denied in |
spirit and effect when the jury cannot |
themselves pass on the merits of the de |
fense of the accused
Interference With ParochiaI Schools.
The effort of Mr.. Felker to show that
the Bennett law does not interfere with
.pt Ial 4l,,t e
the Milwaukee Sentinel. 1t is sheer petit
Jogging. Unless the parochial schools
teach reading. writing, arithmetic and
United States hlstOl. in the English Ian
guage, they are no schools in the eye of
the law The republican platform admits
that 1t lnterferes with them and prom
ises to amend it in those parti-
culars. 1t interferes with them bv interfer-
ing with their patrons. BY making pat
rons liable to penalty and imprisonment.
unless they, the parochial schools, conform
to a course of study fixed by law. 1t is an
arbitrary interference with the private and
parish schools; and this is the sole reason
of the opposition to the law.
Statement of Issue.
Felker's atte = pit TO state the issue is the
most feeble part of his effort He sup
ports the republican idea THAT the public
schools are menaced. Are they menaced
by the democracy? The democracy
| founded the system, framed the constitu-
| tion tfat protects it and its funds from
| diversion or division. Is 1t menaced By
! the Luthsrans? They have almost unani-
mously declared against division or diver
| sion of funds and oppose any abatement of
| taxation to maintain them
The Real Issue.
The real issue is not the public school.
| That is secure. The issue is shall the
| privat. parochial school be invaded. Shall
laws be passed to take from those who
support them at their own expense with
| out burden tc the public, the right to con-
| duct their own free from inter
meddling by those who contribute no part
to their support.
As a fact to show the real enemies of
| the Bennett law, it is history that Gov.
| Hoard led off in his first annual message
| to a recommendation that the private
| schools be put under control of superin-
| tendents He says:
II would recommend such legislation as
would make it the duty Of county and city
superintendents TO ISsP2gT ALL SCHOOLS
| FOR the purpose and with the authority
| only to require that reading and writing
/ In English be daily taught therein. y
The republican platform is a cowardly
retreat from II issue that Gov. Hoard has
made and on which he is fighting his bat
| tie.
Trying to Excite Hatred of Race and Re-
! Iigion.
| In no phase Of the campaign is any
| thing more apparent than the effort Of the
| republicans to excite hatred of Catholics
| and Lutherans. Their priests and clergy
are abused. The coarse, bruta! vitupsra-
| tion of Felker Is no less malignant than
4 the attacks Of the Milwaukee Sentinel
| II is shameful In this age when the
/ churches are becoming more tolerant.
vhea Christian charity is more abound
| ing. the republicans hope to win by excit-
/ ing the hate and jealousiy Of sects and to
bring back the political-reiigious contests
that make past history record
Of cruel, intolerant warfare Of sects.
Why are Catholics and Lutherans de-
nounced2 Because, widely apart in every
| thing else. they are simply acting as citi-
, zens By their votes 10 avert the spirit OF
! interference that spoke in Hoards mes
sage. That spirit assumes TO regulate their
|, instruction, to say what shall ana what