The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-04-02
bible MUST NOT Be READ
iudae Gunster Rules Against Religious
Exercises in Schools.
THE CONSTITUTION FORBIDs II
Public Schools Supported by Tax Upor
All Crceds and No Sect Has More Privi.
lege Than Another, Is the Courts
Opinion-The Wavcrly Case.

In an opinion handed down yester-
day morning Judge Gunster overruled
the demurrer of the defendants in the
equity proceedings brought by Secre-
tary George Z. Stevenson and Rev. d.
N. Vail, directors of the Waverly bor-
ough school district, against Princi-
pal Fred G. Hanyon. When the case
came up for a hearing as to whether or
not preliminary injunction should be
granted to restrain Hanyon from read
ing the Bible and conducting religious
exercises In the schools of Waverly, q
demurrer was filed by the attorneys
for the defense; In other words, they
maintained that Hanyon was not re-
sponsible to court of equity for his
actions, because he was acting with the
consent and appreciation Of a majority
of the board, and that the Bible Is re-
cognized by law as a part of the COM
mon school curriculum.
The opinion of Judge Gunster, IL 1t
sustained the demurrer or answer of the
defendants, wonld have disposed of the
case and settled the question of the
right of majority of any school board
to include religious exercises as a part
OF the daily programme in the schools.
But Judge Gunstor's opinion sets forth
in very emphatic terms that denom-
national religious exercises and in
struction have no place in the system
Of common school education that re-
ligious exercises and sectarian instruc-
ton not only are not authorized by any
law, common or statutary, but that
they are forbidden by the constitution
Of Pennsylvania, and the fundamental
law of the commonwealth.
Supported by General Taxation.
1t says that the public schools are
supported by taxes collected from the
public without regard to the creed or
denomination of the taxpayer. The
general assembly is required by the
constitution to provide for the main
tenance and support of thorough and
efficient system of public schools, where
in all the children of this common
wealth above the age of six years may
be educated, and to appropriate at least
S1,O00,O0O each year for that purpose,
and that school directors or controllers
of every district are required annually
to determine the amount Of school tax
which shall be levied on their districts,
for the ensuing year, which shall, to-
gether with such additional sums as
the district may be entitled to receive
out of the state appropriation and
from other sources be sufficient and
necessary to keep the schools of the
district in operation not less than five
nor more than ten months in the year.
They are charged with the general SUI
pervision over the schools of their re-
spective districts, have the appointment
of all the teachers and fixing the
amount of teachers salaries, and are
required to direct what branches of
learning shall be taught In each school.
Must Observe Spirit of Law.
However, these powers given to, and
duties imposed upon, school directors
and controllers, must necessarily be ex-
ercised and performed within the con-
stitutional prohibition, and the public
welfare requires that they should be
rendered and performed within the
spirit as we'll as the letter of the law.
II 1t be true, says the opinion, as
charged in the bill that Mr.. Hanyon is
conducting sectarian or denominational
religious exercises with the pupils
under his charge, whether these exer-
cises be according to the form of the
Methodist Episcopal church or Of any
other church, he ought to discontinue
doing SO, and it Is the duty Of the d.
rectors, if the abuse exists, to see to it
that it is eradicated at once.
The case will now come before the
court and be determined according to
the facts in dispute.
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