The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-02-19
BILLIARD SUES.
Brings Action Against Topeka
Board of Education.
Result of Controversy Over
Bible in Schools.

]. b. Billiard filed suit against the
board of education of Topeka in the
district court this afternoon as a result
of the controversy between the board
and Mr.. Billiard over the suspension of
his son, Philip Billiard, for refusing TO
take part in the religious exercises at
the opening of school.
On January Philip Billiard was sus-
pended from Quincy school, in North
Topeka, by Principal Wright, for re-
fusing to take part in the religious ex-
ercises at the opening of school, which
hId been made compulsory by the
board of education a result OF a
petition presented the board by the
Ministerial union asking that the Lords
prayer be repeated and passages from
the Bible read at the opening exercises
of every public school each day.
Mr.. Billiard and the board indulged in
some correspondence and at two meet
ings the board avoided the direct re-
quest of Mr.. Billiard to have his son
reinstated without being CON PEELED TO
take part in the exercises. The board
more or less evaded any direct action at
each meeting, and Philip Billiard is not
attending school The suit was filed by
Mr. Billiards. lawyers, Overmyer, Mui-
vane & Gault and G. c. Clemens and
N. B. Arnold. The petition in the case
is as follows:
u IS Billiard being duly sworn de-
poses and says that he is and for many
years has been a resident. elector and
taxpayer of the city of Topeka, and is
and has for years been a payer OF
taxes for the support of the schools or
said city under the charge and control
of the above named board of education;
that he lives and for years has lived IN
the portion of said city where is To-
Gated the Quincy school under charge
of said board: that he has a son.
Philip Billiard, aged 10 years.
who under the regula tions of
said board was assigned to
said school and enrolled therein
fnsr of
thereof until his suspension as herein
after stated; that about the month of
December, 1901, it began to be publicly
understood that religious exercises We're
to be conducted in the schools of the
city and were TO be made obligatory
upon all pupils and affiant thereupon
instructed his said son to pursue his
studies as usual during such exercises
and not to participate therein. affiant
being conscientiously opposed to such
a violation of the letter and the spirit
of the state constitution and his said
son sharing his views in that regard:
that, January 8, 1902, for the sole reason
that atlantis said son quietly and un-
ObStrusiVely pursued his studies during
said religious exercises which consti-
tuted a form of worship consisting OF
prayer the singing of religious songs.
the recital of the Lcrd's Prayer and
reading from the Bible, and did not
participate in said form of worship, the
principal of said Quincy school suspend
ed atlantis said son from the privileges
fiant the note of which a copy is hereto
attached and marked exhibit A as a
part hereof: that ever since said sus-
pension said Phillip Billiard has been
and still is excluded from the said
school and it's privileges and has been
and is denied the privilege of acquiring
therein the education to which he iAgn-
titled by law. and for which affiant
pays taxes; that just previous to the
regular meeting of said board for Feb
rilary, 1902. affiant caused to be served
upon said board by delivery to its presi-
dent a written demand for the reinstate-
written demand is hereto attached
marked 'B' and made part hereof; and
February g. 1902. received from said b
board by due course of mail the COM
munication hereto attached marked c.
being the original thereof-and made a
part of this affidavit; that whereby said
board endorsed and adopted said action
of said principal and ordered and direct
ed the continuous suspension of said son
from said school; that the only general
exercises during which atlantis son
pursued his studies were the said relig
ious exercises, as said board well knew
and we'll knows; and the resolution Of
said board copied in said communica-
ton was, and was intended to be, re-
fusal to permit affiaS St's said son to fur
ther attend said school or enjoy the
privileges thereof unless he would ex
press his willingness to refrain from his
studies during said form of worship.
though during school hours, and
seem to participate in said form
of worship contrary toi the conscien-
tious opinions of both affiant and his
said SON"