The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-11-14
VICTORY FOR THE NUNS
JUSTICE DEAN SAYS THEY MAY
TEACH IN THE PUBLIC SCHOOLS
Dressed In the Garb of Their Order
Not Sectarinn Teaching for Wom-
an TO Appear as Teacher i'm IA Dress
Peculiar to Her Religious Views.

PITTSBURG, Pa, Nov. 12.-Justice
Dean of the state supreme court today
handed down an opinion in the case of
John Hysong ct al. vs.. the school dis
trict of GallitZnborough, an appeal from
Judge Baker of the court below, who re-
fused an injunction to prevent nuns from
teaching in the public schools dressed in
the garb of their order Justice Dean
affirms Judge Bakers decision. In his
opinion, which is very lengthy, he says:
''There was no evidence of any religious
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 teachers in imparting catholic religious
instruction to children of catholic parents.
with the consent of or by the request Of
the parents. This the court enjoined, be-
cause it was use of the school property
for sectarian purposes after school hours" {"
AS to the fact admitted, that of the
eight teachers six of them were sisters
of a religious order of the catholic church,
and while teaching wore the habit of their
order, the learned judge of the court be-
low says: I'VE conclude as to this
pTdlCH OI the case lIldl III the dDScICG OF
proof that religious sectarian instruction
was impaired by them during school
hours, or religious sectarian exercises en-
gagged 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 capacity"
I'm this case the school board COM
mitted no unlawful act in selecting these
catholic women as teachers, because by
moral character and certified attainments
they were qualified, and their religion did
not disqualify. The dress is but the an
nouncement Of the fact that the wearer
holds a particular belief. The religious be-
lief of teachers and all others is generally
known to the neighbCrhood 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 ex-
istence of our present school system this
is the first time this court has been asked
10 decide as matter of law that it is
sectarian teaching for a deVOut woman to
appear in a school room in a dress peculiar
TO a religious organization Of a Christian
church. We decline to do so; the law
does not so say"
Justice williams filed a dissenting opin-
ion. In it he says: "The question pre-
sented on this state of facts is whether
a school that is filled with religious
ecclesiastical persons as teachers who
come in the charge of their daily duties
wearing the religious garb and with
rosa ries and other devices peculiar to
their church and order, are not necessarily
dominated by sectarian influences and OBJ
noxious to the spirit of the constitutional
provisions and the school laws. If in some
other borough school episcopalian clergy
men should appear in their robes, and if
catholic priests should appeal to the
courts T should no moro doubt their right
to relief than 1 doubt the rights of plain
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