Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1897-04-30
The Avon School Case Con-
: I. tains Points Of Local '''
tn INTEREST. LIS. ,.. .
: A Sweeping Decision Prevent
ing Prayers in Public School
Houses. ~." @Nr.' .
Catechisms Cannot be Taught
in School Houses at Any
T. . Time. @~-.s. 49,


some time. over the teaching Of the
Catholic catechisn In the school
house, by it's regular teacher. after
school hours. One Of the taxpayers
OF the district, Oliver Rasnick. ap-
piled to Judges Baxter and Searle
for an Injunction to prohibit such re-
ligious instructions in the school
building ,and the JUICES havegranted
the Injunction, and rendered a de-
cisiOn and written a memorandum
covering nearly nine columns of the
st. Cloud papers. The decision Is Of
much local interest, as at the last
session of the Morrison. county dis
trict court the grand jury in vestigat-
ed the conduct of certain schools In
Morrison and reported that the
state laws were being violated by
the giving of religious instruction In
the school houses. The decision Is
the first one in Minnesota on the
points involved. and the judges have
given the question deep study and
arch and have quoted many de-
cisions from other states to sustain
their position. They decide that the
school houses cannot be used for any
religions worship, and that prayers
and aymns, as well MS the study ut
the catechism, constitute "wOrshtp,'
and are uDla wful in public schools or
school buildings.
The findings@of the court include
among .ther things that:
Since the organization Of the dis
trict 1t has been the custom OF the
teachers. without objection Of the
patrons, to open and close the school
with prayers and other devotional
exercises, peculiar to the Catholic re-
.ligiOn. and faith: and no objection
was made Till during the past school
year, and that there had never been
any pro vision in any teachers con-
tract that such religious instruction
shOnld he given.
That the present teacher who gives
such instruction, succeeded teacher
on Jan. IL, 1897, who had refused to
give such instruction. and that when
such instruction was not given the
school attendance decreased from
seventy to from eight to thirty.
That under the present teacher in
struction complained against was
given as follows: -Four or five min
utps before 3 O'Clock the children
were called together in the school
room, the pupils required to stand
and together repeat the Lords
pra yer, and also the following:
Hail Mary, full Of grace! the Lord
is with thee; blessed art thou
amongst women, and blessed is the
fruit ofthy womb, Jesus. Holy Mary,
Mother of God! pray for US sinners,
now, and ut the hour OF our death.
Amen" Then without any inter-
mission or further calling the school
to order, the school exercises proper
were begun, and continued to twelve
O'Clock. Then, without any dis
missal Of the school, or intermissiOn,
the said prayers were repeated; pu-
pills desiring to do 40, however, being
permitted to retire before the saying
OF these prayers. The school was
then formally dismissed for the noon
hour.
At the beginning of the afternoon
session prayers were again repeated,
consisting of the Lords PRAYER and
one different from tho one In the
forenoon. At O'Clock the teacher
stated that school WIS out, and
those who wished might go. Then
followed prayers, and on two days
OF the week the Catholic catecbism
was taught for half an hour. The
prayers were repeated part OF the
time in English and part of the time
in German. ~ tT&
That the prayers Excepting the
Lords prayer) are peculiar to. and
the distinctive teachings Of the Cath
Olic church. .'..>,s&--,
The decision Isl: -.r =
And, as conclusions Of law, the
court finds that plaintiff Is entitled
to Judgment herein, enjuining, re-
stralning and prohibiting the de-
fendant. Mary Tschumperlin, and the
said School District No. 60, and it's
officers from using or allowing to be
used the schools house in said district.
referred to in these findings, for the
purpose OF giving any religious In
structions or the conducting of any
religious exercises therein. which are
peculiar to or the distinctive teach
ings, practices, doctrines. creed,
tenets or beliefs Ofany religious faith,
. church or denomination. and partic-
I ularly from using OF allowing the
same to DO used for tine ying Of any
~ the prayer Is The teschings q the
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