The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-03-25
QUESTION is IN DOUBT
Judge Gunster Not Sure That Courts
Can Control School Teachers.
is NOW CONSIDERING MATTER
Point Came Up at n Hearing OF Injunction
Proceedings Growing Out OF Read.
ing the Bible in Wavcrly Public
Schools by Prof. Hanyon.

Schools by Prof. llnnyon.
Secretary George e. Stevenson, of the
WaVerly borough school district, whose
efforts are directed to restrain PrlnCi-
pal Fred G, HGnyon, of WaVerly, from
reading the bible and opening the
morning exercises in the Waverly pub
lie school with a form of religious wor-
ship, was present with The minute book
of the school board under his arm
when court met Saturday morning to
hear the injunction case. He was rep
resented by Attorneys John i. Kelley
and L. c. Newcomb.
\ sensation was caused last week by
Secretary Stevenson. who abetted by
another director, Rev. ID. n. Vail, insti-
tuted an equity suit against Principal
Hanyon and petitioned for an injunc-
tion to restrain the teacher from either
reading or conducting any form of re-
ligiOus worship whatever during school
hours. Stevenson filed a Voluminous
affidavit, the syllabus of which was a
complaint against the action of Prnci-
pal Hanyon on account Of bible reading
and hymn singing at the opening of
school in the morning.
The affidavit complained that such
course on the part of the teacher was
quite d!stasteful, not to say offensive.
to many parents whose children attend
ed Haryon's school. Upon hearing the
affidavit Judge Gunster ordered Sat
urday. March 23, at a. m. as the date
Of a hearing on the rule whether or not
a preliminary injunction should be
granted to enjOin Hanyon from carry
ing on any more devotional exercises.
The four other directors of the Way
erly school district DR.. n. C. Mackey.
J. L. Stone, John Hall and Lester Stone,
were in court and their presence was in
testimony Of their official endorsement
of the course pursued by the teacher.
Attorneys II. NJ. Hannah, Hulslander
x Nosburg, and \. d. Dean represented
Principal Hanyon. and a large dele
cation of the citizens of Waverly and
a class Of young ladies from the school
were present to give testimony at the
hearing.
Judge Gunster's Questions.
Judge Gunster came upon the bench
soon after 9 o'clock and spent a few
minutes looking over the papers after
the case was called up. He asked
what control the law gives a court OF
equity over a school teacher. Attorney
Newccmb answered that the case then
before the court resolved itself into n
mandamus proceeding to compel the
teacher from reading the bible in the
school. "Why don't the directors stop
him? queried the court.
At this point Mr. Newcomb proceeded
to argue the matter to the court to
prove that 1t was in accord with the
law to take such steps to stop the
teacher. Mr. Newcomb cited the case
of the school district of Gallitzin, Cam
bria county. Sisters of charity were
employed there in the public schools,
and it was their custom To teach the
Catholic pupils the catechism after
school hours. A public school teacher
Is of the nature of a public officer. and
when he violates the constitution there
Is a remedy in law against him. The
court restrained the sisters from teach
ing the catechism in the Gallit2in
schools because 1t was introducing sec
tarianism into the schools, which is
against the constitution OF Pennsyl-
vania. The Waverly case was a similar
one.
Attorney Hannah argued that court
of common pleas had no authority in
a matter like the one then before the
court; he held that the board of direc-
tors of n school district are under the
law required to govern their schools,
and II an injunction were granted, It
would mean that the court was assist
ing the directors to do their duty. Mr..
Hannah said If Hanyon is violating the
law and the directors failed to dis
charge him, they were negligent.
Court Takes a Recess.
The attorneys for the defendant
maintained that court proceedings
would take direct control Of the teacher
from the school board. Judge Gunster
granted recess to allow the plaintiffs
attorney time TO prepare exceptions TO
the offer made by the other side against
the courts jurisdiction in the matter
pending.
The amended affidavit Of the plaintiff
included the four other directors as
defendants, and stated that Directors
Stevenson and Vail endeavored to have
the religious services discontinued but
that Directors Mackey, Stone, Hall and
Stone, would not permit them TO be
discontinued. In answer 10 this At
torney Hannah argued that reading the
bible in school Is universal I'm all Chris
tian communities in this country and
Europe. and that there Is no Methodist
way Of reading the holy book.
Attorney Kelley disputed the asser-
tion made by Mr.. Hannah that the bible
Is universally read, and to substantlate
his contention Mr. Kelley quoted sta
tistics from n report of ]. G. Taylor,
county superintendent of this county.
The report showed that OF the 2i2
schools of Scranton the bible Is read In
only III schools; in Carbondale It is not
read in any of the S5 schools of that
city, nor in the 81 schools of Dunmore.
In 147 Of the schools OF Jackawanna
county. outside of Scranton, Carbon
dale and Dunmore the bible IL not
read. There are 5O7 schools in the
county in 1893 of which the bible is read;
in 314 schools 1t Is not read
Say Bible Is Scctarian.
Mr.. Kelley said that the constitution
of the state of Wisconsin Is almost iden-
teal with that of Pennsylvania, and
the supreme court of the former state
decided that the bible is sectarian and
that the constitution is violated when
ever the bible is read in the SCHOOLS.
Mr.. Kelley said that all the judges OF
tho highest court of Wisconsin haa
agreed upon this point. The reason he
cited this case was because the supreme
court of Pennsylvania had never passed
upon such n question at Issue. Mr.