The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-11-12
SISTERS GAN TEACH.
Supreme Court Of Pennsylvania
Sastains Their Employment
In the Public Schools.

PITTSBURG, Nov 12 1S94--In the
case of John Hyson ct al VS.. the school
district of Gallitzin borough ct al. bet
ter known as the ''Gallitzin School
Case" the Supreme Court today afiirms
the decision of the lower court Justice
Dean, in delivering the majority opin-
ion, says in part
This bill was filed to restrain the
school directors of Gallitzin borough
from permitting sectarian teaching in
the common schools of the borough, and
from employing as teachers Sisters or
members of the Order of ST. Joseph, a
religious society of the Roman Catholic
Church. AS to the fact admitted, that of
the eight teachers six of them were
sisters of religious order of the Cath
olic Church, and while teaching wore
the habit of their order, the learned
Judge of the Court below says
I'VE 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,
in, we cannot restrain by injunction
members of the OordeI of Sisters of ST.
Joseph from teaching in the Public
schools in the garb of their order, nor
permitting them TO act in that capacity
CONVINCING OPINION.
This legal conclusion is reached after
very able and impartial opinion in
which the facts are reviewed, and the
law bearing on the question very fully
cited. The opinion is so convincing that
il seems to us that 1t must compel the
assent of the unprejudiced mind, wheth-
er of laynen or lawyer. In thus ex-
pressing our full accord with the learned
president judge of the court below, we
intimate no opinion as to the wisdom or
unwisdom of the action of the School
Board in selecting six Catholic School
teachers members of an exclusively re-
ligious order
Enthusiastically, these women are
Catholics, strict adherents of that faith,
believing fully in its distinctive creed
and doctrines. But this does not dis
qualify them. Our constitution mega
tives any assertion of incapacity or in
telligibility to ONCE because of religious
belief. Article of the bill of rights de-
defeasible right to worship Almighty
God according to the dictates OF their
own conscience. No human author
ity can in any case whatever control
or interfere with the rights of con-
NOT IN FAVOR OF CATHOLICS.
1T appears that the members OF the
School Board are Catholics. The voters
of the borough number between 400 and
5o0 and all but about, fifty of these are
Catholics. Under such circumstances it
is probable that often the board will be
wholly Catholic, just as we see, ali
tricts largely Protestant, the whole board
COMPOSED of non-Catholics.
1--WE cannot infer from the mere fact
that a school board composed of Catho-
lies has selected a majority of Catholic
teachers. therefore 1t has pnlawfully
Disseminated in favor of Catholics; be-
cause the selection Of Catholic teachers.
is not a violation of law, or, which is the
same thing, is not an abuse of discretion.
Unless this be the case, no court has
power to revise the exercise of this dis
cretion for the very sufficient reason,
the law has not made the courts school
directors, while it has developed on six
citizens of Gallitzin borough the duties of
that Office.
Nor does the fact that these teachers
contributed all their earnings beyond
their support to the treasury of their
order to be used for religious purposes,
have any bearing on the question. 1t Is
none of our business. nor that of these
appellants, to inquire into this matter
IN the sixty years of existence of our
present school system, this is the first time
this court has been asked to decide, a mat
ter of law. that it is sectarian teaching for
a devout woman to appear in a school room
in new dress peculiar to religious or
ganzation of Christian church. We decline
to do SO: the law does not so say.
After a most careful consideration we see
nothing of merit in nothing of the assignments
Of error which have been SO earnestly pressed
in the argument. The decree is affirmed and
appeal dismissed at costs of appellants"
Justice Williams handed down the minority
dissenting opinion.