The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1893-12-15
JUDGE JAMES McSHERRY ON STATE
AID TO CATHOLIC SCHOOLS.
An Unconstitutional Measure.

A dispatch from Frederick, Md, to the Bal
timore san, gives the following as Judge Nc
Sherry's views upon the proposed division of
frec-school funds between the public schools
and the Roman Catholic parochal schools:
II am bitterly and intensely hostile TO the
whole scheme. | am Roman Catholic, but
because | am it does not follow that | APP
prove 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 and NAV lead to the disintegraton of
existing political parties and to the formation
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
for nothing else, and no Legislature has the
moral or the constitutional right in Maryland
to direct portion of the funds to another
and different use. 1t would be 4 breach OF a
public trust to do this. Tie money so raised can
no more be applied to denomnational schools
than to religious denominations, and it is but
q short and an easy step from the one mlsap-
preparation to the other. The public schools
are intended to be secular and not religious.
1neS COulu not ldNluIly DC illdlhGdluCu al" tLC
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 commun
ity sees fit not to attend them, that circun
stance gives that class no more claim to have
a portion of the funds levied for the support
of the system applied to some other schools
than does the different fact that a certain
other class whose religious convictions 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 i'll conscience make use OF.
Eccesiastics ought to be the last people i'll the
world to advise or advocate the adoption OF Il
| scheme which depends for its success upon
misrepresentation of public funds. And when
| it comes TO the point that this is attempted it
| is time for every Catholic layman to raise his
voice in vigorous protest. believe the Cath
Ollie laymen of the country are almost unit
| in opposition to this proposed interference
with the school funds, and | feel an abiding
conviction that they will never tolerate the
| diversion of a single dollar of that fund
There is, therefore, no need of alarm on
| the part of any one that Catholic laymen will
| ever consent to this unlawful measure. | say
unlawful measure because l have not the
| slightest doubt that the whole scheme, even if
it were enacted by the Legislature into the
| forms of law, would be unconstitutional. 1t
is not necessary to go into the reasons upon
| which this conclusion is founded, but they are
ample"