New-York tribune., 1896-11-28
WEST TROY SCHOOL CASE.
,r.syNG A PAROCHIAL BUILDING AS A
PUBLIC SCHOOL NOT LEGAL.
.,,,rsINrENDENT SKINNER ALSO DECIDES THAT
s,srrRs OF RELIGIOUS ORDER EN-
pIOYED AS TEACHERS SHOULD NOT
WEAR THEIR PECULIAR GARB
IN THE SCHOOL.

IN THE SCHOOL.
.,A.nv. Nov 27-Charles r. Skinner. Superintend-
-, a, Public instruction, has decided the West Troy
..hcol case in favor Of the appellants. The appeal
-. taken by F. B. Durant and others from the
-, ~ the Board of Education Of the village Of
MS, Troy. now the city of Watervlet. in leasing
.ooms in the ST. Brdget's Parochial School building
.s nublc school purposes. employing teachers
.mhers of the Sisterhood Of St. Joseph. and per-
,,,nr such teachers wear the dress garb of
~ a, order in the public school rooms The appellants
.,.,snded that the public school buildings should
hs increased sufficiently TO accommodate the pupils
=, the district. and that the sectarian character Of
=, prideets School we'll known and the
a,ominational influences in the school great
,hot they we're unwilling TO submit their children to
.rch influences while attending school, and for that
reason would allow their children to attend the
,oo, The respondents replied that the leasing of
,hs rooms in question at a nominal sum gave suffi-
.,.rt accommoda tions TO the pupils and saved the
ai,,rct many thousands Of dollars.
After reviewing at length the facts. Superntend-
an. skinner decides. first. that the members OF the
c.,srnood are duly qualified teachers under the laws
~ the State and the regulations governing teachers
uniform examinations. and. having been duly en-
,,ved by the respondents. cannot be dismissed With
an, s,ficisnt and sufficient cause has been
.,,vn for which he should annul their certificates
In reference the leasing of rooms Superintendent
srrner decides that the Board of Education in leas
In. r,,ms for the school hours only of eacn day.
t,e sssors having control at all other times. and in
continuing this lease year after year beyond the
ner,od Of emergency contemplated by the statute.
sc,ed without their jurisdiction.
In reference to the wearing of the distinctive
sr.s. or garb during school hours Superintendent
SKINNER says: There is no statutory law in this
State which prescribed that any particular dress or
,srb shall be worn by the teachers In the public
schools In this State during school hours nor which
prchib!ts the wearing by them Of any particular
dress or garb during school hours neither is there
any decision Of any court of this State upon the
matter Therefore. the questions to be determined
are whether such practice shall be discontinued as
4 matter Of school poliy, and what the effect OF the
recent amendment to the Constitution Is upon such
practice.
such dress or garb. taken In connection with the
location surroundings and distinguishing charac-
teristics of the building leased by the schooi au
thortics and IN which they are employed Is con-
Charge of the exisIencc OF one particular religious
denomination or sect. and this public oeclaration o,
to the susceptible minds of the pupils under their
charge that II comes dangerously near the line oi
'if we ask ourselves in what particulars this
school differs from the usual parochial school as
the Constitutional amendment herein quoted. what
reply shall we make? BY the nature of M the lease,
surmountng the building. by the Inscription ., oyer
the doorway. by the practical result that only chill h
conclusion is Irresistible that the State to all ex
tartan school therein at public expense. 1t was
clearly the intent Of this amendment 10 the organic
Mr. Skinner concurs in the opinion of his prede-
cessor that the teachers In the public schools OF the
State ought not to wear the distinctive garb OF any
religious denomination order. sect or society but
dress in the usual costume worn by men ana
women generally, and that any other costume or
usage Is nmical to the best educa tiona interests
of the locality and should be discontinued. TO
those not satisfied with this complete severance OF
secular and religious instruction. the private school
Is open. . . 49,,
duty Of the respondents to require the teachers
employed by them TO discontinue the use IN the
rarb of the religious order to which they belong.