The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1897-04-29
AN IMPORTANT DECISION.


handed down an important decision in
the somewhat famous Avon case
Briefly stated the case in this: In
certain school district in Avon the
teacher was in the habit of opening
the school with prayers peculiar to
the Roman Catholic church, and the
catechism was regularly taught in the
school room upon two days in the
week, but children who desired to do
so were permitted to leave before such
teaching. Oliver Rasnick, a taxpay-
er in the district brought an action in
the district court to restrain the teach
, er from using the prayers-the Lords
prayer and Hail Mary etc-and
teaching the catechism.
After a very exhaustive discussion
of the subject, citing leading decisions
in Connecticut, Nevada, Wisconsin
and other states, the judges OF this
district render decision for the plaint-
iff. The constitution of the state is
very plain upon this point. The right
of conscience is guaranteed in fullest
measure to every citizen, and no one
can be compelled to pay, by tax or
otherwise, for maintaining any reli-
yious views whatsoever. Religious
liberty, and thorough and complete
enforcement of church and state is one
of the great underlying principles OF
American institutions. And the prin-
ciple as applied in this case is wholly
impartial. Anglican, Roman, Greek,
Wesleyan, Unitarian, Jew, ATHEIST
all are concluded, each his own rights
guaranteed and their privileges limi-
ted. That there may be no misunder-
standing in the matter the decision
discusses exhaustively the principles
underlying it SO clearly and unbiased
ly that no one may feel that any dis
elimination is possible, or that any
prejudice has had might. 1t is re-
markably able document, we'll written,
in clear and forcible English. 1t con-
cludes:
That the devotional or religious ex-
ercises referred to in the foregoing
findings of fact, are prohibited by the
provisions of the constitution OF this
state. heretofore referred to because:
lst, They violate the rights of con-
science: Sec. 16, Art. l..
End. That such exercises constitute
worship" and that the school room
where the same are conducted, is a |
.'place of Worship within the mean |
ing of such constitutional provision: |
and therefore the plaintiff is compelled
to laid in the support OF place of
worship, against his consent.
;3rd, That the combining Of such reli-
gious exercises, to acts of worship,
prayers and catechism PECULIAR to the |
Roman Catholic church, as stated in |
the 18th finding of fact, is the giving |
OF preference, as that term is used
in the constitution: Sec. l6, Arr. /.
4th, That the money appropriated |
and used for the support of such com |
mon school, are used for the support |
of schools wherein distintive doctrines, |
creeds and tenets of a particular Chris |
tian and religious sect, are promulga- |
ted and taught, contrary to- the pro- |
vision of Sec. 3, Art. 8, of the consti- |
tuition as amended in 1877.
9TH, That the plaintiff, tax payer,
in said school district, having an in |
terest in the subject matter may main |
tain this action, to restrain the COM |
mission of such unlawful act: and,
9th, That he is, therefore, entitled to |
the relief demanded in the complaint, |
restraining the school board from per-
hitting, and the school board from |
conducting, the religious exercises |
complained of, or any exercises what |
ever Of a similar character.