The Dickinson press., 1894-11-17
NUNS IN THE SCHOOL
PENNSYLVANIA SUPREME COURT
RULES ON THEIR GARR.
They Are Allowed to .ench and
Thetr Dresn Of Itself Does Not Com
stitute Sectarian Tenchinx-Ax to
Religion After Hours.

Plttsburg. Nov. 14.-Justicc Dean. of
the state supreme court, to-day handed
down an opinion in the case of John
HysOnE 1T al. VS.. The School District
OF Gallitzinborougl. an appeal from
Judge Barker. Of tie court below, who
refused an injunction to prevent nuns
from teachilg in the public schools
dressed in the garb o. their order
Justice Dean confirms Judge Rarker's
decision In Ills opinion. which is very
lengthy. and says:
The court, after full hearing, found
as fact: There was no evidence Of
any religious exercises Of any cllarac-
Ter whatever during school hours. But
the court found further that, after
school hours, the school room was
used ny the teachers in im)arting
catholic religious instruction to chill
'tren of Catholic parents. with the con-
sent OF or by the request of the
parents. This the court enjoined. be-
cause IT was IL Use of the school prop
erty for Sectari:ln purposes after
school hours. AS to the fact admitted.
that or the : teachers q of them were
sisters OF religious order of the Cath
one Shnrcil, and while teaching Wore
the habit of that order. the learned
Judge of the court below saws:
we conclude. as to this branch of
he case. that in the absence of proof
tMlt religious sectarian instruction
was Impaired by them during school
hours, or religious Secturian exercises
engaged in, We canht't restrain by i'll
junction members OF the order of Sis
terS 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 capacity In this case the
school board committed no unlawful
act in selecting these Catholic women
as teachers, because by moral char
acter and certified attainmpnts they
are qualified, and their religion did not
disqualify. The dress is but the an
nouncenlcnt of the fact that the wear
or holds Il particular belief. The re-
ligious belief of teachers and all 9th
crS is generally known to the nrighbOr-
hood and to pupils, even ii not made
noticeable in the dress. for that belief
Is not secret, hut is publicly profesS..l
In the sixty years of existence Of our
present school system this is the first
time the court has been asked to de-
eide. as Il matter Of law, that it is
sectarian teaching for Il devOut woman
TO appear IN Il school room in Il dress
peculiar to Il religious organization of
Il Christian church. We decline TO do
so; the law does not so say
Justice Williams filed Il dissenting
opinion in the case. III it he says:
"Flle question presented on this state
of facts is whether 81 school that is
filled with religious, ccclcSiastic per-
sons as teachers, who come in the dis
charge of their daily duties wearing
the religious garl,. and hung about
with the roSarics and other devices
peculiar to their church and order,
are not necessarily dominated by Sec
tartan Influences. and obnoxious to
the spirit of the constitutional prOvis-
ions and the school laws. Ii in some
other borough school F,piscopaian
clergyman should appear in their robes
and if Catholic priests should appeal
to the courts. should no more doubt
their rights than the rights of the
plaintiffs in this sSl..'