The Republican. [volume] (Oakland, Md.) 1877-current, 1893-12-14
ITS UNCONSTITUTIONALITY.
Judge James McSherry on State Ala
to Catholic Schools

Judge James MCSherry on state Ala
to Catholic Schools
Judge James McSherry, of Fred
erick, Md, gives out his views upon
the proposed division of the free
school funds between the public
schools and the Roman Catholic
parochial schools:
Il am bitterly and intensely hos
tile to the whole scheme. am a
Roman Catholic. but because | am
it does not follow that | approve or
indorse every wild or visionary
measure which religious zealots
choose upon their own responsibility
to inaugurate.
at is most unfortunate that this
agitation has been started. 1t can
result in no possible good aud may
lead to the dislntegration of exist
ing political parties and to the for
nation of new ones based solely
upon differences of religion. Should
this occur the agitators of this
scheme would be ground to powder.
No one would specially object to
this if they were the only sufferers
But aside from this the scheme is
utterly indefensible. The school
tax is levied for a specific purpose,
viz, for the maintenance of the
public schools and nothing else, and
no Legislature has the moral or the
constitutional right in Maryland to
direct portion of the fund to an
other and different use. 1t would
be breach of the public trust to
do this. The money so raised can
no more be applied to denomina-
tional schools than to religious
denominations, and it is but short
and easy step from the one misap-
preparation to the other. The
public schools are intended to be
secular and not religious. They
could not lawfully be maintained at
the public expense if they were not
purely secular. They are provided
according to the settled policy of
the state for all her citizens who
see fit to avail of them. No one is
compelled to attend them. If any
class of the community sees fit not
to attend them, that circumstance
gives that class no more claim to
have portion of the funds levied
for the support of the system APP
piled to some other schools than
does the different fact that certain
other class whose re igious conyic-
tons do not allow them to seek
redress for injuries through the
courts of law give to that latter
class the right to claim exemption
from contributing by taxation to
the support of the very courts which.
they cannot in conscience make
use of. Ecclesiastics ought to be
the last people in the world to
advise or advocate the adoption of
scheme which depends for its
success upon the misrepresentation
of public funds. And VIXEN it
comes TO the point that this is at
tempted it is time for every Catho-
lie layman to raise his voice in Wig
orous protest. believe the Catho-
lie laymen of the country are
almost a unit in opposition to this
proposed interference with the
school fund, and | feel an abiding
conviction that they well Fever toll
crate the diversion of single
dollar of the fund.
"There is, therefore, no need of
alarm on the part of anyone that
Catholic laymen will ever consent
to this unlawful measure. say
measure because | have
not the slightest doubt that the
whole scheme, even if it were en-
acted by the Legislature into the
forms of law, would be unconstitu-
tional. 1t Is not necessary to go
into the reasons upon which this
is founded, but they are
ample"