The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-05-25
Close OF The ARGUMENTS
Waverly School Case Now in the
Hands Of Judge Edwards.
REMARKS MADE BY ATTORNEYS
Attorney II. NJ. Hannah Closed for tho
Defense After Court Opened Yesterday
Morning and Was Followed by AttOr.
ncy i. C. Nowcomb for Plnintiff.

Attorney Hannah resumed his argu-
ment In the waverly borough school
district equity suit yesterday morning
before Judge Edwards. He said that
the supreme court Of Pennsylvania
forces every citizen to observe Sunday
as the Sabbath, notwithstanding the
fact that Jews and Seventh Day Bap.
lists adhere to Saturday as the day Of
rest At one time the schools were
open on Saturday and these persons
were taxed TO support them. There Is
no longer any school ON Saturday, but
the change was not made In Difference
to the opinion of the Jews.
The speaker deprecated the amount
of stress laid upon the decision of the
supreme court of Wisconsin by the at
torneys for the petitioner. No word
was spoken, he said, In the Waverly
school by Principal Hanyon which
touched or grated upon the conscience
Of any Of the pupils. What the consti-
money for the support Of the public
school does not mean that the Bible
shall not be read In the public school.
II 1t was the purpose of the makers OF
the constitution to exclude the Bible
from the school they would have said
so plainly. Mr.. Hannah quoted from
debates In the constitutional conven-
tion to show that the Bible is not q
sectarIan book and from speeches made
by delegates to the constitutional con-
vention and afterward discussed the
question whether or not the Bible Is q
sectarian book.
Attorney NcwcOmb Argues.
On the part Of the plaintiff Attorney
Z. c. Newcomb concluded the argu-
ments Of the case. He began with the
remark that the opposing attorneys
would have the impression prevail that
the court was asked to allow a reign of
religious terror to prevail In Waverly
If the Bible reading by Professor Han
yon shall be stopped by law.
The plaintiffs do not deny that the
laws of Christianity are coordinate
with the laws of the constitution but 1t
Is only in 50 far that no person shall be
permitted to publicly or in any shame
full way revile Christianity or the
founder of Christianity, and the plain
tiffs only seek that the court shall de-
cree a freedom of the public schools
from secular influences according to
the section of the constitution which
says that "all men have a natural and
indefeasible right to worship God ac-
cording to the dictates Of their con-
sciences"
The Jew Is not compelled to relln-
quish his right to worship on the sew
enth day according to his belief, but
his social surroundings and the law of
the state makes 1t sometimes manda-
tory upon him to attend courts on Sat
urday. Yet his right to worship on
that day has not been interfered with.
The Supreme court of Wisconsin, Mr..
Newcomb said, had laid down three
able opinions which are particularly
now since the compulsory
bill has passed in this
state. The Wisconsin court says that
the reading of the Bible Is form Of
worship, even when 1t is read without
comment, and the place where 1t is
read necessarily becomes a place of
worship.
Mercer County Case.
The only case that has been tried
heretofore in Pennsylvania was one
out In Mercer county, and the court
decided that reading Of the Bible was
for the moral benefit of the pupils. If
these exercises are distasteful to any
one or number Of pupils they cannot
remain away from school because the
law Just enacted makes 1t imperative
upon them to attend school.
Mr.. Newcomb referred to the fact
that there are certain chapters in st.
Mathew which would wound the feel
tngs of a Jewish pupil; and there are
many Catholic children who would be
offended when Professor Hanyon would
undertake to PROFOUND any part of
the Scriptures, because 1t is a cardinal
point of Catholic belief that no one but
one ordained is capable of interpreting
the Scriptures.
In conclusion he urged upon Judge
Edwards to dispose Of the case in the
interest of harmony and peace in the
schools and borough of Waverly. Court
was asked to give due weight to the
opinions Of the Wisconsin Supreme
court. The briefs were submitted and
the argument in one of the most fam
ous cases of the state ended at $780,
when court adjourned.
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