The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1894-11-15
NUNS IN THE scHoor.
Pennsylvania Supreme Court Rules
ON their Garb.

Pennsylvania Supreme Court Rules
ON their Garb.
Pittsburg, Nov. 14.-Justice Dean, Of
the state supreme court, to-day handed
down an opinion In the case of John
Hysong ct al. VS.. The School District
or Gallitzinborough, an appeal from
Judge Barker, OF the court below, who
refused an injunction to prevent nuns
from teaching In the public schools
dressed in the garb OF their order.
Justice Dean confirms Judge Bankers
decision In his 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 charac-
ter whatever during school hours. But
the court found further that, after
school hours, the school room was
used by the teachers In impartlng
Catholic religious instruction - chill
dren of Catholic parents, with the con-
sent OF or by the request of the
parents This the court enjoined, be-
cause 1t was a use OF the school prop
erty for sectarian purposes after
school hours As to the fact admitted,
that of the teachers of them were
sisters of religious order of the Cath
Ollie shurch, and while teaching wore
the habit of that order, the learned
judge of the court below says:
1--WE conclude, as to this branch OF
the case, that in the absence of proof
that religious sectarian instruction
was impaired by them during school
hours, or religious sectarian exercises
engaged In, we cannot restrain by IN
junction members Of the order of Sis
tiers 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 attachments they
are qualified, and their religion did not
diSqualify. The dress Is but the an
nouncement Of the fact that the wear
er holds particular belief. The re-
ligious belief of teachers and all 9TH
ers is generally known to the neighbour
hood and to pupils, even If not made
noticeable in the dress, for that belief
is not secret, but is publicly professed.
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 a matter of law, that it is
sectarian teaching for a devout woman
to appear in a school room In dress
peculiar to religious organization of
a Christian church. We decline to do
so; the law does not so say"
Justice Williams filed a dissenting
opinion in the case. IN it he says:
''The question presented on this state
of facts is whether school that is
filed with religious, ecclesiastic per-
sons as teachers, who come in the dis
charge of their daily duties wearing
the religious garb, aud hung about
with the rosaries 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 Episcopalian
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 sasa."