The Helena independent., 1893-12-07
BIBLE IN THE SCHOOLS.
The Attorney General Decides That
lts Use Is hgains. the
State Law
4 Madison County Teacher Who
Uses Both Bible and =
Hymn Book.
The Trustees ~ ust Taks Them Ont 81 the
School or the Distriot viii Lose
1ts school Money,


Attorney General Haskell recently 70.
ceived letter from Martin Peel, of Ennis.
Madison county. complaining that the
trustees Of his school district district No.
~ had hired teacher who insisted on In.
PRODUCING The reading Of the Bible and the
singing Of hymns into ths school. To carry
out that object the teacher has required the
scholars to bring their Bibles and hymn
books. The com plainant says the people Of
the district ''Objsct to the expenditure Of
school moneys in attempting 70 convert
The attorney general Was asked how the
people could prshibit tho reading OF The
bible and tho singing Of hymns In the
SCHOOLS. In bis reply she attorney general
calls attention to the Gsolat alton Of rights
that no person shall b required TO attend
any place Of worship Or support any 70.
Iigious dissemination against his consent.
and that NO privilege shall be given BY law
to any religious denomination or mode OF
worship; also to the second article Of the
state constitution. imposing on the legisla-
turs ths duty TO establish and maintain
general. uniform and thorough system OF
public schools; and that NO ssctarian tsnsts
shall be taught in any public institution OF
the state. He quotes liberally from the
Montana school Law, one rart Of which
says that mo books tracts. psps's, cate-
chisms OF other publications Of q partisan.
sectaIian or denomiuational ohara cter shall
be used in any school. neither shall any
political, secta ian or demon national doc
trins be taught the ein." Aftor referring
to the fact that the legislature had defined
what text books should bs used in the
schools, the attorney general says:
"Among the frAmsrs Of the consultation
Of the state Of Montana were Catholics,
Jews aud adherents of many Protsstant
sscts. who framed shese positive prohibi-
sions against permitting sectarian tenets to
be taught in the public schools. The con-
stitution was in this connection framed
with the view OF protecting those settlers
and residents OF Montana who came from
countries In which state religion 10 main.
tained and enforced, and who have suffered
under the disabilities resulting from their
rejection OF the established religion" IT
IL safe to assert" he says further on.
"without fear Of contr tradiotion, that tho
Bible 40 IN entirety Is the noblest monu-
ment Of thought. beauty, and sublimity,
Of pathetic narrative and moral teaching
the richest treasury o. household wordg
and familiar phrases. Of popular illustra-
tions and associations, that any language
snms in the public schools 10 a religious ex-
ercise, and its use therein Is in effect the
adoption OF il as a text book Of the COM
mon SCHOOLS, which is not only inhibited
by the constitution, but prohibited BY the
law"
Various opinions are quoted In surpors
of tho position that there Is no such thing
recognized In this country 40 union
Of church and state, and then the attorney
general continues: "The order made by
tho school teacher commanding and requir-
ing the pupils of her school. in school dis
trict No H. to bring their Bibles and hymn
books to school for use therein has all the
hymn book as text books in said public
school; IL therefore hings snch hooks
within tho prohibition laid down in the
constitution and the school laws of Mon
t9na. The constitution ct the state Of
Montana prohibits all religious or partisan
public educational institution of the state,
either as . teacher or student. and likewise
prohibits the teaching Of sectarian tenets
thsi elm. The legislature In executing those
wise and benefcent p DIVISIONS of the oon-
stitution definitely prezcribes tho text
books that shall DO used therein for a
period of six years. commencing July. 1889.
''Jf the tsacher OF school district No. IA
may adopt the Bible as text book in the
public school, il means that soctatian
tenets may b, taught therein. II this be
80, such teachings must be comp nlste and
accu ate. Com plets and accurate teaching
of sscta ian tenets to q Methodist 10 the
tuo ok,, of MGth hn1yu IN Nniu Iia,n
Of Escopnlianisn, to a Catholic Of
Cntholicism. to Presbyterian OF Presby-
terianisn. in tho sense of Spinoza of Pan
theism. of Hume of Deism. aud 10 tho
Baptist mind it involves lmme' sions Each
religious denomination, scot or creed differs
as to Gods omnipotencs the ia no cavil,
for 1t is seen in life, death. and the wo ld's
existence. An honest diffe ence OF opinion
exists among these ii doctrinel denomina tions
conce ming the books that came within
tho purview aud meaning of the term
Holy Bible" The jew regards tho Old
Testament as alone inspired; tho Catholic
ndls the Apoorypha and New Testamsns.
while the Protestant repudiates the Apoort-
pha. Will the Catholic dispense with the
Douay version of the Bible. which is the
only one recognized by tho Catholic ohu oh
as correct. and accept the King James YER
sion Of the Bible without the Apocrypha?
uo pioNA0AoAO VI buO COubtltutlOu
hiblting tho teaohinR of ssctatian tenets
in the public schools are prohibitory and
the declarations in the statutes providing a
series OF tSxt books are mandatoty. AZ
the Bible. the use of which in the public
sohools by the teacher. has all the for0e and
effect of adopting it as a text book therein.
comes within the prohibitory provisions of
the constitution and the mandatory pro-
Visions of ths law, the reading thereof can
not be permitted in our public schools
without violating She plain prohibi.
tory tsrms of tho former aud the
OK. ress mandatory provisions OF ihe latter.
The fact that the board OF trustees refuse
to order tho teacher to desist from using
the Bible in the public schools has the
eject to establish q rule adopting il. Reg
ulations adopted by persons In charge Of a
school nre analogous to by laws enncted by
municipal authorities and other CORPORA.
tions. and both will be annulled by the
courts when found to be unauthorized.
against common right or palpably unrss-
o0nable."
Another effect of tho refusal of tho
school trustees to order tho teacher to de-
sist will be to cause this disti lot to lose its
portion Of the school fund.
Legal blanks at this office.