The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-12-19
NO LEGAL POWER
FOR SUCH ACTION
Sectarian Schools not Allowed
Public School Funds.
Is A VIOLATION OF LAW
Thus Speaks State Superintendent, Joyner Who
Has B, fore This Ruled on
Cases Asking for
This Aid.

The interview with Mr.. j. w, Bailey
which appeared exclusively in the News
and Observer yesterday, giving the posi-
ton of the Baptists with regard to aid
received by UNCONVENTIONAL or sectarian
schools, has brought forth a circular let
ter from the State Superintendent of Pub
lie Instruction.
Mr. Bailey in the interview published,
declared without reservation that the
Baptists on principle were against State
aid to any UNCONVENTIONAL schools, and
that the Baptists would not have it, and
were opposed to any UNCONVENTIONAL
schools being thus aided. He said:
by the way, ex-Superintendent Mebane
ruled against the policy of sectaran
schools using the free school funds. He
made this ruling in response to Baptist
protests from Western North Carolina.
At that time the Northern Presbyterians
were establishing many schools in the
mountains. l fear they yet are doing
free school work and are using free
school money l wish Mr.. Joyner would
rule against this policy; and if a ruling
the General Assembly to pass a law that
will put an end to it. But law or no
law, we Baptists shall put an end to our
part of it at the earliest possible mo-
ment''
State Superintendent Joyner was seen
yesterday in regard to the matter. as was
Captain John Duckett, the chief clerk
Captain Duckett says that the position
No t1,a LOT n
was exactly that of superintendent
Mebane. and this was that no sectarian
schools should receive public school
funds. He recalled one instance among
many others in which General Toon had
refused to divide the school fund of a
certain town between the Baptist and
Presbyterian schools, asking where the
other denominations were to come in.
Superintendent \Joyner occupies the
same position. and in order that there
might be no misunderstanding of his posi-
ton. which is that there is no legal au-
thority to contract with UNCONVENTIONAL
or sectarian schools for using the pub
lie school funds, gave out the following
signed letter:
Permit me to state through your col
Irlpg hat in every instance in which the
question has been presented to me as
superintendent Of Public Instruction. I
have ruled that there was no legal au-
thority to contract with any strictly de-
nominational or sectarian school to use
public school funds and conduct the pub
lie school in connection Herewith. Sec
tion % Of the Public School Law ex-
pressly gives authority to the school
committee to contract with the teacher
of a private school regularly conducted
for at least six months in the year to
ESQ the public school fund in connection
with the private school to give instruc-
tion 20 all pupils between the ages of
six and twenty-one' years in the branches
of learning taught in the public schools
under the conditions prescribed in that
section. I have ruled that the term
private school does not include sectarian
and UNCONVENTIONAL schools. There is.
therefore, no express authority for MAX
ing any contract with these schools for
the use of public school funds. Without
express authority such contracts would
DO illegal.
Letters on file in this office will show
that this has been nv ruling. Cantain
John Duckett. chief clerk in my office
informs me that this was also the ruling
of my predecessor. General T. F. Toon.'
The legal status of such contracts hav-
irg thus clearly been set forth by the
state Superintendent. it would now seem
that it would be unlawful for the officials
IN nav out anv monev on contracts now
in force with UNCONVENTIONAL schools. Tt
is n question which demands serious at
tention.