New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-22
COMPULSORY RELIGIOUS SERVICES.

a
ATTENDANCE AT CHURCH.
To the Editor Of The Tribune.
Sir Can college enact Law requiring Its stuoenn
to attend purely religious service ana iegahy I'M
pose penalties for violations OF such requirement.
This question does not relate to the proprfety o.
desirabl.ty OF public worship, nor to the penenciA
Influences which flow from attendance upon religious
services but simply 10 the element Of cOmpulsion N
respect OF such attendance 1t Is OF the highest I'M
porance that college students should attend regu
lay upon purely religious services. To no class OF
persons Is public worship Of more Importance wnhe
vet its benefits are OF such a nature that one may
question whether the element Of cOmpulsion does not
reutralizc them That, however, Is aside from the
present inquiry, which Is simply as to the power OF
any Institution OF learning to exact attendance upon
such services under penalties for noncompliance.
The authority and power OF such an Institution are de-
fined and limited by Ats charter TIL charter Is derived,
directly indirectly from the Government Inc law
making power cannot grant or delegate powers which
NAV not Itself exercise. spring cannot rise higher
than Its source. Neither the Congress nor the Legs
lature OF any State may by enactment compel at
tendance OF any citizen upon religious service, nor
impose a penalty for omission TO do so.
The Constitution Of the United states provides:
. 40 religious test shall be required quail
fcaon to any Office public trust under the Ohi'eo
stntesv ALSO Congress shall make no law respecting
the establishment OF religion or prohibiting the Tree
exercise thereof" The State constitutions likewise
absolute freedom respect Of religious observances
II NAV he broadly stated that college or uni
yersity in this country derive. from any state
or the United States authority TO dictate by any law
or rule to any citizen In respect OF his rehgous oo
seryances 1t fellows that any law or rule enacteo
by any college or university which commands az
tendance by any citizen upon religious service or
which imposes any religious observances upon any
citizen Is void. 1t has authority or legal force
as law or rule OF action, and any penalty 'hiorceo
for n violation OF 1t Is Illegal. The same wouid DO
true OF any such law enacted by the Legislature OF
any state by the Congress OF the United states'
No punishment could be justified by such enactment
some Institutions in this country have adopted and
established designed to compel their su1ehts 10
attend upon purely religious services, ana nave im.
posed and enforced penalties for their Violation
the right to so leg,slate Is possessed by any suca
institution the power to enforce such leeisiaton
obtains, it must be dependent upon some authority
outside OF its charter. 1t is said that one oil our
largest oldest institutions OF learning claims the
right to enact such laws in the government OF us
students and that Yale College now Yale University
mas long maintained such rules and has enforced them
with severe Penalties In Its published catalogue n
Is stated: Public worship Is held in the chapel on
SUNDAYS, at which all the students are required 10
attend, except such have special permission 70
attend the worship Of other denominations to whica
their parents belong In the printed rules IL Is pro-
yided that Il student whose parents desire him 70
he excused from chapel, attend regularly the
public worship Of another denomination to wch they
belong. thle certain specified steps 10 op sa
far a student To- be excused by his division officer
from sunday service and from Attendance at prayers
These rules cencllde with the enactment tn , 10
will similar liberty o. granted except 10y sas
general faculty. and thea only when CIRCUMSTANCES
''' There Is involved in these rules the absolute ra
qurement to attend regularly upon puddle wors n,sss
the student is excused under the special circusaes
Il otc
marks. Hardness OF more IMAM ten minutes ronl
sunday service will be counted As an absence. For
absence or ecrcss from morning prayers two MARKS.
foity such marks subject the delinquent 10 Sus
The fundamental law OF the state Of Connecticut,
adopted in ISIS and by which the charter OF rae
The exercise and enjoyment OF religious profession
and worship without discrimination. sihi forever
Le free to ali persons in this STATE provided that the
right hereby declared and established slall not %
construed 10 exercise acts OF hcentioushess OK 70
justify practices inconsistent with the peace ana
Shall be given by law any sect mode Of worship
| TO assert tia, Yale COLLEGE has the right to make,
/ ordain and establish such laws rates n those
above referred To. and the power to enforce ,Aen
goycrhm;nt Of Yale College Is not subject 10 the
| Constitution the fundamental law OF the s'ate
Wherein It is located and upon Which 1t defends Tor
lis existence. In the charter OF Yale College, now
Yale University. It Is PROVIDED me pr,S'l ,, "a
occasion san reqnirc 10 rake odaln and establish
aI such wholesome and reasonable laws; rules sha
The laws Of the t,iony Is they shall think nj and
! pronrr for the instruction ana education OF me
Students. and ordering governing ruling ana man,slns
the said college ard all matters ina'I' anu unnss
therrunto belonging, and he SINE 10 rrgn a." AMI
Us they shall drink ht." Even us bI'iie st' ~.
REQUIRES that lis laws. rules ana ordinances ihsl Ie
"whcesome and rascniIi" ana ai'o hot i't,s, n ~
to laws OF the Colony NOW statel or me laws .,
England IL, laws. r,les o. ordnance may nor ne
said to be wholesome or rrson a., , ar .sn s
Of the Constitution the state. The s,andard o. vl'ie-
and rcasonanless j. o' ;ia p,J ~
any denomination or set OF ni1n, Wne'..T ia t "a
of the Institution not The laws OF ru,es i'u,o a -
or% none other than that furnished by the funda;
mental law of the state and the i;Ss Of Tie "eher"
A'e nGw Of no published specific requirement
CONDITION Of admission to Yale University that Az
applicant shall enter INTO an agrs ,h no ,' aS s they
exist or rs they shall b. m"died put unns n uh
tina, %pGn !, r@CT to @ promise that win
submit TO the authority Of the faculty. In any
Gmicd 70 The Institution for enjoyment Of its
privileges imrlicdly contracts to submit hlins.li 10
| may prevail as a part OF its government: such y
the case In respect Of institutions of learning ana 0!
| implicitly promises TO subject himself TO all INC
his ,ra,spo,aton whether he knows them not
II the validity of the rules 20 which nave rrlL, ,s
promise and be claimed that their enforce mont !,
Justified thereby. II would SIN remain insuh, Sn
upon the asserting such claim 10 maintain ~ ,
| wholes0mencss and rcasonabencss for 1t Is Only
reasonable rule. to which person mus imi.r q,
| subjects himself. Ine ASSERTION oi Niinis
| such rules Is accompanied, Notwithstanding. by IN,
burden OF establishing that they are Wholesome an,
reasonable rs rules. The written promise referred
10 is not broader than the In piled Obligation. ana II
f. not more binding because n i signed. HON iohs
| would a court listen TO a claim by a raroad cor.
poraon that rnlc for the runrinc Of lis trains !.
direct conflict with the Constitution was reas'nao".
| IAN a law or rule. by whomsocvsr established o.
enacted. which Is repugnan TO the spirit and hev ..
the Fundamental Law be regarded as wholesome ""a
reasonable! .,.
II the written ayr omen. executed bv the s'''o"
upon admission bs claimed to have the lore" ol
contract. there woult be- another d'mrnny ~ , 800
cases. for most Of the stucols admit a lr, It,m'
and Inca pale OF making contract An in'an, e'',
not ny means OF agreement executed pS . nm .,a
with person not his parent o. gulrdan rp'.'y hs
worship or religious observanccs. TO niainnn VI" H.
the college stands In loco parcni' ot IVA, .ss
parental right 10 control the person IL TINS rspcs 49,
has been dolcracd something more tnnn ,ne nccs
a.. .infn.,t l.. Mod