The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1897-02-11
ENJoISED.I
The Issue as to Religious Instruction in
Schools to be Tried.

The Issue as to Religious Instruction in
i Schools to be Tried.
An important suit has been COM
menced in connection with the Avon
school fight says the ST. Cloud Times.
1t Is only another phase of the school
war waging in District No. 60, but
the nature of this litigations such
that the question whether such re-
ligious instructions or prayers, as
have been allowed in this district are
permissible under the law, will be.
mado the direct and only issue. At
torney ID. w. Bruckart returned on
Friday from Fergus Falls. His mis-
sion thhere was to secure an order
from Judge L. L. Baxter, of the Dis
trict Court, requiring Common
School District Number Sixty, in
Stearns County, Minnesota, and Mary
Tschumperlin, to show cause, if any
they have, before said Court, at the
Court House in the city of ST. Cloud,
Stearns county, Minnesota, at 10
O'Clock in the forenoon, on the 9th
day of February, 1897, or as soon
thereafter as counsel can be heard,
why an injunction should not issue
restraining, prohibiting and enjoining
said defendants and each of them,
from instructing the pupils attending
/ the school now being held in said dis
trict and which is in charge of said
defendant, Mary Tschumperlin, as
teacher, in religious doctrines, beliefs
and church catechism, and in opening
and closing the sessions of said school
with prayers, and from praying, at
any time, in said school, or in the
school building used by said school,
: and from using said school building
: for instructing said pupils in religious
doctrines, beliefs and church cate
Y chism, during the tendency of this
t suit. -
Mr.. Bruckart was successful, the
court granting the order, which is
: based upon complaint and affidavit
I made in suit in which Oliver Ras-
nick is the plaintiff and District No.
d 60 and Mary Tschumperlin are made
: the defendants. The connection of the
!, teacher, Mary Tschumperlin, with this
case is only matter of form. She is
: made one of the defendants simply be-
. cause she happens to be the teacher of
r the school, She is a daughter of Mr..
and Mrs. A. Tschumperlrin, of ST
O Cloud, agraduate of the Normal
S School here and is we'll known in this
!, ! city.
The complaint in the action sets up
the fact that the district in question is
duly organized under the state laws
/. and thatsthe plaintiff is a resident tax
d payer in ssthe district. That Robert
Q Wells is the acting Director, that John
SCHNEIDER is the acting clerk and that
!. Thos. F.sRoche is the acting Treasurer
= The maintenance of the district in &C.
J. cordance with the law of the state is
n set up and that Mary Tschumperlin
has taught the school since January
IS II, and that there has been an atten-
g dance of about Is. The plaintiff
> claims that he is the father of boy
v fifteen years old and alleges that the
i d efendant requires and permits the
y teacher to instruct in the German Ian.
guage the pupils attending the school.
among them the plaintiffs son, in the
d religious doctrines, beliefs and church
nd 70 oil oh
}. of the sessions with prayer in German,
8 in which the pupils are required to
d take part, and that such instructions
h and prayers are in accordance with
the teachings, doctrines, catechisn
= and prayers of the Roman Catholic
|. church.
n The complaint further recites that
the plaintiff and many other tax-pay-
lers, whose children attend the school,
and who are lawfully entitled to equal
:. benefits of said school, are not mem.
bers of the Roman Catholic church,
+ and therefore object to these religious
g instructions, and that others of the
tax payers of the Roman Catholic
e church, also object.
: A temporary injunction is asked
prohibiting religious instructions, com
planned of, in the school.
An affidavit is made in the case by
Thos. F. Roche, who says he is the
:, treasurer of the district, and has four
S children attending the school, and be-
e ing member of the Roman Catholic
u CHURCH personally knows that the
/ teacher opens and closes each sess-
u ion of the school with prayer, in con-
J formity with the teachings and Gus
/ toms of the Roman Catholic church.
Mr.. Roche's further statement is as
follows:
''That at the opening of the after
noon session on or about the 21st OF
d January, 1897, the teacherl ordered
/ his said children to leave the said
: school and remain on the outside OF
d the school house, until she and the
other pupils remaining got through