The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-05-03
WAVERLY School Case
Answer Of Principal HanyOn and the
Four Directors.
WILL BE FILED TODAY IN COURT
They Deny That tho Religious Exercises
as Conducted In the Wavcrly Borough
School Arc In Any Way Sec.
tartan In Character.

Principal Fred C. Hanyon, Of the
Waverly borough school, and the four
directors, Lester Stone, N c. Mackey,
John Hall and j. L. Stone, who are sup
porting him in the religious dispute
that Is pending relative to his reading
of the Bible in the school, against the
protest of Directors George IL. Steven
son and Rev. ID. N. Vail, will file their
answer today in court, and that Will
allow the attorneys for Stevenson and
Rev. Mr.. Vail to prepare their replica
tion.
First Mr.. Stevenson and Mr.. Vail,
through Attorneys f. C. Newcomb and
John p. Kelley applied for a prelimin-
ary injunction to issue to restrain
Principal Hanyon from reading the
Bible in the school on the ground that
he was introducing sectarianism by
using hymnal that was a form of
worship of the Methodist Episcopal
church, and that he invited evangelists
to address the school children, and so
forth. Stevenson claimed that the ac-
ton Of Hanyon was distasteful to him
and also to the parents of half dozen
Catholic children attending the school.
Judge Gunster granted rule to show
cause why the injunction should not be
granted, and on the day that 1t came up
for argument, Attorneys II. NJ. Hannah
and A. d. Dean, representing the four
directors and Attorney A. A. Vosburg
the principal, filed demurrer and
claimed that the law did not warrant
the comDlainants receiving the relief
asked for. Judge Gunster handed down
an opinion on this demurrer that
created favorable comment from all
parts of the state and from other states.
lie held that Hanyon is responsible in
a court of equity If he performs what
with doing. Judge Gunster decided
that the constitution expressly pro-
hibits sectarianism in the public
schools. The demurrer was dismissed
and the directors ordered to make an
swer to the facts contained in the bill
of complaint. This answer was served
on the complainants' attorneys yester-
day, and Will probably be filed in court
today. To this answer replication will
be made and the case will then be in
shape for the appointment of a referee
or hearing before the judges in equity
court. The answer Is as follows:
Answer Of Defendants.
These defendants, now and at all
times hereafter saving and reserving
unto themselves all benefit and advan-
tage of exception which can or may be
had or taken to the many errors, un-
certainties. and other imperfections in
the said complainant's bill or complaint
contained, for answer thereunto, or
unto so much and such parts thereof
as these defendants are advised is or
are material or necessary for them to
make answer unto, answering say:
First-We admit that George e.
Stevenson, the plaintiff. pays a per
capita tax in Waverly borough, in said
county. That he holds the office of
secretary of the board of school direc-
tors of said district, and that he is the
father Of children attending school in
the said district.
Second-We admit the statements
contained in the second section of plain
tiff's bill.
Third-We have no knowledge that
plaintiffs religious views, conscience,
or convictions do not conform to the
ther religious denomination. We admit
that there are five pupils from the same
family. of Catholic parentage. in at
tendance at the Waverly public school:
the other pupils are from families Of
various Protestant denominations.
Deny Charge of Sectarianism.
Fourth-We deny all the allegations
contained in the fourth section Of plain
,,rin
opening exercise In the morning within
the regular school-hours, but 1t does
not conform to the method, system, or
order of worship followed in the Meth
Odist Episcopal church of that vicinity,
Of any other church. At o'clock in
the morning the pupils of the several
grades are assembled in room No. /,
and a portion of the Holy Scripture Is
read, sometimes alone by the principal,
and sometimes the principal reads the
first verse, and as many of the pupils
as desire to do so, read in unison the
following verse, and so on, until the
chapter or passage selected is COM
pleted but never are any of the pupils
required to repeat a verse of Scripture
from memory nor are they ever re-
quired to join in the reading. The mat
ter Is left wholly optional with them.
This opening exercise Is not concluded
by singing hymns from any hymn
book, but about ten minutes are de-
voted to exercise In singing from the
singing book adopted by the board of
directors, containing patriotic, tenn
perance and miscellaneous selections,
and no pupil Is required to sing against
his or her inclination.
Fifth-The board of school directors
of said district have not formally
adopted the Bible as a text book, but It
has been used in the schools of said dis
trict immemorially with their consent
and appreciation and substantially in
the same manner, and the principal has
been given discretion to use the said
book by formal resolution adopted by
the board of said district on March l,
1895. 1t has been the practice of the
school board, at the regular time before
the beginning of the school year, to
adopt only such new text books as they
deem desirable, and they do not name
those already in use. At the time Of
adopting text books for the school year
of 1S94-95 only two text books were
named, leaving the old books in use as
O. matter of course where not SUPER
seded by the new ones.
Clergymen Did Speak In tho School.
Sixth-It is true that, during the past
winter, clergymen of the Baptist,
Methodist and Roman Catholic denom-
nations, as well as various other per-
sons have visited the schools during
school hours, and in response to the in
vitation Of the principal have made
addresses to the pupils. Among others
was the plaintiff, George E. Stevenson,
who also delivered an address to the
pupils. The clergyman referred to in
A u aras-
make an address from his religious
point Of view, as his remarks were with
out denominational or sectarian basis.
1t is true that at the conclusion of his
address he requested all those pupils
who loved the Lord to signify 1t by the
uplifted hand, but he did not reproach
or rebuke those who failed to signify
the love of the Lord in the way re-
quired. The principal took no part in