Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-12
Rights of Nuns as Public School
Teachers.
MAY WEAR THE GARB OF THEIR ORDER
Decision of the Pennsylvania Su-
preme Court.
ONE JU GE DIS S EN- 7 s

PITTSBURG, Pa, November 12.-Justice
Dean of the state supreme court today
handed down an opinion in the case of
John Hysong ct al against the school dis
trict of GalitZen borough, an appeal from
Judge Barker of the court below, who re-
fused an injunction to prevent nuns from
teaching in the public schools dressed in
the GARD of the order. Justice Dean az
firms Judge Bankers decision. In his opin-
ion, which is very lengthy, he says:
THE court, after full hearing, found as
fact: There was no evidence of any
liglous instruction or religious exercises of
any character whatever during school
hours. But the court further found that
after school hours the school room was
used by the teachers in inlparting Catholic
religious instruction to children of Catho-
lie parents, with the consent of, or by re-
quest of the parents. This the court en-
Joined, because 1T was use of the school
property for sectarian purposes after school
hours.
AS to the fact admitted, that teachers,
six of whom were sisters of a religious or
der of the Catholic Church. and while
teaching wore the habit of their order the
learned judge of the court below says: We
conclude, to this branch of the case,
that in the absence of proof that religious
sectaran instruction was impaired by them
during school hours, or religious sectarian
exercises engaged in, We cannot restrain,
by injunction, members of the Order of
Sisters of ST. Joseph from teaching in the
public schools in the garb of their order,
nor the school directors from employing
or permitting them to act in that capac-
ity.
In this case the school board committed
no unlawful act in selecting these Catholic
women as teachers, because by moral char
acter and certified attainments they were
qualified, and their religion did not dis
qualify.
THE dress is but the announcement of
the fact that the wearer holds a particular
belief. The religious belief of teachers and
all others is generally known to the neigh
borhood and to pupils, even If not made
noticeable in the dress, for that belief Is
not secret, but is publicly professed.
I'm the sixty years of existence of our
present school system this is the first time
this court has been asked to decide, as
matter of law, that il is Sectarian teaching
for deyout woman to apepar in school
room in a dress peculiar TO a religious
ganiZation of a Christian church. We de-
cline to do so; the law does not so say"
Justice Williams filed a dissenting opin-
ION. In it he says:
1.-The question presented on this state of
facts is whether school that is filled with
religious, ecclesiastic persons as teachers,
who come in the discharge of their duties
wearing the religious garb and hung about
with the rosares and other devices peculiar
to their church and order, are not neces-
sarily dominated by sectarian influences
and obnoxious to the spirit of the conStitu-
ticnal provisions and the school laws.
If in some other borough school Episco-
palian clerSymen should appear in their
robes, and if Catholic priests should appeal
to the courts, L should no more doubt their
right to relief than / doubt the rights of
the plaintiffs in this case"