The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-22
TO READ OR NOT.
That Is Question Now Up Be-
fore Judge Hazen.
Use of Bible in School Is the
Is lie.
j. B. BILLIARDS. FIGHT.
Son Philip Expelled Because of
Religious Exercises.
The Boy Refused to Participate
in Them.


The mandamus suit brought by ]. B.
Billiard against the board OF education
to compel the board to resore his son.
Philip Billiard to an unconditional
scholarship in Quincy school was begun
Tuesday afternoon before Judge Hazen
In the district court.
The basis of the suit is whether the
board of education has the right to COM
pei the pupils in the public schools to
take part in religious exercises at the
opening of the schools, such exercises
consisting of reading from the Bible,
repeating the Lords prayer and singing
religious songs. Mr.. Billiard objects to
such a rule and maintains that the
board has no right. to compel the pupils
to take part in any form of religious
exercises. The board claims the right
to make any and all studies obligatory
and claims the same right regarding the
use of the Bible and religious SONGS.
The suit is the outgrOWth of the ac-
ton taken by the board of education
December 2. 1901. At that meeting DR..
J. 7. Mcfarland appeared before the
board as the representative of the Min
tsterial Union and read a petition from
the Union asking that the board of ed
ucatIon make religious exercises at the
opening of school compulsory and also
that the pupils be compelled to take
part in them. The petition was quite
lengthy When it had been read DR..
McFarland's attention was called 10 the
fact that the custom was for the city
hgious exercises. The Union. however,
wished the board to ma q it obliga tory,
Some objections were maze to the word
obligatory" but the petition was final
ly received and the resolution passed
making religious exercises obligatory.
Fl On December a circular letter was
Issued by Superintendent Davidson
making the religious exercises obliga-
tory. This was followed by another cir
cular on December 8 more fully explain
ing the order. 1t was stated in the let
ter that anyone Directing to taking
part in the exercises could come to the
schools after the religious exercises. On
January 9 Philip Billiard was expelled
from the Quincy street school in North
Topeka by Principal w. H. Wright be-
cause he pursued his studies during
the religious exercises and refused to
take part. The board then haggled as
to whether the boy had been expelled or
suspended. ]. B. Billiard, the father.
made a written demand that his son be
reinstated and to offset that J. w.
Priddy offered a resolution at the next
meeting sustaining Principal Wright.
The resolution was passed by the board
Then Mr.. Billiard brought the mandamus
action. His attorneys are n. B. Arnold.
David Overmyer and G. c. Clemens The
attorneys for the board of education are
Gieed, Ware & Gleed. The case was stated
by the attorneys and the minutes of the
board meetings were introduced in evil
dence- The minutes were so meager. how
ever, Indt the report OF the meeting print
ed in the State Journal of December 3 was
offered and accepted by the court as palt
of the testimony. The first question raised
by Mr. Gleed was to the nature of the
exercises.
What time did the school open?" asked
Judge Hazen.
AT nine o'clock" replied Mr.. Gleed.
Were the exercises a part of the school
day." asked the court.
On this point the lawyers differed.
: in he ufa 10
show" said Mr.. Gleed
''They most certainly WERE" said Mr..
Overmyer
Mr.. Clemens offered in evidence the pc
tition of the Ministerial Union presented
to the board. Mr.. Gleed objected TO it.
do you intend to show BY the petition
from the Ministerial Union THAI the board
acted on it?" asked Judge Hazen.
yes" replied Mr.. Overmyer.
''Then this petition may throw light on
the character of the exercises said Judge
Hazen and the petition was admitted ana
read 1t stated clearly that the reading of
the Bible was wanted by the ministers for
its moral and religious influence and rot
for its literary value.
Mr.. Billiard was placed on the stand and
testified that he objected to his son TAX
ing part in the religious exercises. He tes-
titled that ne was tax payer and entitled
to the benefits of the schools Philip Bill
lard testified that he attended school while
religious exercises were in progress. He
produced the gospel hymn book that was
used and stated that the morning he was
suspended the teacher. Miss Bertha Brown
read the twonty-thir1 Psalm. Miss Brown
testified that the exercises were for the
purpose of quoting the children when
they came in from the play ground Super
intendent Davidson testified to the orders
issued to the teachers. The case was con-
tinued until Wednesday morning
The case was continued this morning by
Judge Hazen on account of the death Of
the father Of Eugene f. Ware, Mr..
Wares law firm being in the case.