The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-09-08

Judge Edwards handed down an opin-
| ion in the Waverly school case. YES
terday, deciding that there is nothing
in the law to prevent the reading of
the Bible in the schools.
He goes into the question in detail,
discussing the matter in its every
phase, and establishing what will
doubtlessly be accepted by the courts
| of last resort as the law on this point
for the future.
The opinion itself contains a history
| of the case and the contentious of the
parties. 1t is appended in full:
The bill of complaint in this case
when filed was only against +. c. Han
| yon, principal of the public school of
| Waverly borough. The bill in sub
| stance alleges that the principal con-
| Quoted religious and sectarian eXer-
cises during school hours according to
| the form of worship usually followed
! by the Methodist Episcopal church,
including the reading of portions of
| King James version of the Bible, with
| out authority from the board of direc-
| tors and in violation of the constitu-
| tion of the state. The defendant de-
| INJURED on the ground that the plain
| the school district as defendants. An
| additional ground of demurrer stated
| that the plaintiffs bill taken as a
| whole did not disclose any legal cause
of complaint which would entitle him
to equitable relief or justify the inter-
position of the court
Plaintiffs counsel, evidently i'm
| pressed with the force of the objec-
| tion that the directors had not been
| made parties to the case. amended the
| bill, by adding the names of four Of
| the six directors constituting the
Waverly school board, as defendants,
| and repeating the substantial aver
| ments of the bill as originally filed
! The demurrer and the amendment We're
filed the same day. the demurrer being
first in point of time. In this condi-
tion of the pleadings the case was
argued before my colleague, Judge
Gunster. The allowance of the amend
ment removed the objection as to the
want of proper parties and left the de-
PENDANTS in the position of admitting
all the allegations of the bill and the
amendment. This was the effect of
their general demurrer, and it was
under these circumstances that the
case was argued. In the light of the
evidence taken before me on the final
| hearing of the case, it appears now
that the defendants by their demurrer
was able to prove. AS the case then
stood agree with the disposition made
of 1t by my colleague, except that the
injunction might have been modified
50 far as to allow the Bible to be read
in the public school of Waverly.
After careful consideration of the
evidence and of the arguments of coun-
sci, and after an examination of num-
erous authorities in this and other
states, ! now proceed to formulate the
conclusions ! have reached
FACTS.
|.
F. G. Ilanyon, principal of the pub
lie school Of WaVerly borough, assist
ed by the other teachers, for several
years previous to March, 1895 opened
the school every morning with certain
exercises which the, plaintiff claims
are Objectionable. There is very little
dispute in the evidence as to the ma
ture of these exercises. After the call
ing of the roll, the pupils Joined i'm
singing; then the principal, or one of
the other teachers, read portion of
the Holy Scriptures, sometimes alter
mating with each other and at other
times alternating with the pupils the
teacher reading one verse and the
pupils responding by reading the next,
the reading exercise generally closing
Lords prayer, or both, by the teachers
and scholars in unison. Following the
Scripture reading, about ten minutes
more was devoted to singing. The
version of the Bible used was that of
King James. The selections were gem
orally from the Psalms and occasion
ally from the Gospel of st. Matthew,
Ii is unnecessary to enumerate them
here.
The singing book used is entitled
Happy Hours" "a collection of songs
for schools, academies and the home
circle" and was furnished for the use
of the school by the school directors.
This book is a collection of patriotic
and miscellaneous songs. several pages
at the end containing hymns and hymn
tunes, such as the Portuguese Hymn,
Morning Prayer, Dennis, Duke Street,
st. Thomas, etc. On account of the
familiarity of the pupils with these
tunes they We're often selected. and for
the same reason other songs were sung
occasionally, such as Bringing in the
SheaVes," I'VE VIII Never Saw Good
Bye in Heaven" and Blessed be the