The Topeka state journal., 1903-01-12
MAY READ Bible.
Judge Hazen Upholds It's Use in
Schools.
Denies Application for Rein
statement Of Philip Billiard.
NO RELIGIOUS WORSHIP
Holds That Reading Is Not
Prescribed.
Explains His Position in a
Lengthy Opinion.
NO RELIGIOUS WORSHIP

Judee Hazen decided this morning
that the Bihle may be read in the public
schools OF Topeka during the opening
exercises without the constitutional
rights of conscience of patrons OF the
schools being violated.
The writ of manGamus asked Tor by
j. Is. Biilard TO compel the uara Of ed
ucation to- reinstate Philip Billiard,
who was SUSPENDED fer violating the
rule Of the schools. which was in par
ticuar that he should maintain order
during this opening exercises, was de-
MED
Judge Hazen referred to th= statute
which reads. NO sectarian oc religions
doctrine shall be taught in she public
schools but This shall not be construed
20 prohibit the reading of the Holy BIZ
Judge Hazen held that this placed the
Bible on the same fOotin9 as lny ot1er
book and that the readin- ~ it IS not
sectalian teaching ucr religious worship.
The opinion Is as follows
OPINION IL FULL.
"W bile rhe evidence in tlis case has
extended over considerable ground set
the facts upou which the case must be
decided are few
Philip Billiard is of proper school age
and entitled 20 attend the public seuaois
of this city unless he has forfeited his
right to do SO By his conduct. He was
suspended tor a violation Of the rules
q the school II he was Eyronefnlly
suspended then he is entitled 10 t- rein-
stated but If he was rightfullE suspend
ed then this action cannot be Tndfr rf}iIl-
ed This brings us TO the question
whether the rule Of school whiea he Nio-
lated was such rule as the school
authorities had a right 10 MAKE
1T appears from rha evidence in this
case that Philip Billiard at the time
and for some time prior 10 his sus-
pension had been attending quincy
street school; that under one Of the
rules of the school what was called
general exercises were held at the
opening of The school session in the
morning These general exercises last
ed fifteen minutes and consisted gen
orally in reading by the teacher from
Ernest Seton Thompson animal
stories or similar writings suitable to
the grade iu which they were used.
and about three minutes of the time
was taken up by tna teacher in reciting
the Lords prayer and Jhe Twenty y-third
psalm During these general exercises
all the pupils were required t8 be in
order. to assume an erect and comfort
able position i'm taeir seats and refrain
from tHelr usual studies Tt was not
compulsory upon the pupil 10 Join the
teacher in the repe titiou Of the Lords
prayer OF tle TNa auts-third psalm but
vas left g the option Of the pupil
some of the pupils Joined therein and
others did not The pupil was not re-
d quired- during the repetition of these
Quotations from the Bible To assume
any different position or physical atti-
tIde TRAN he occupied during the rest
Of the general exercise The teacher
did not comment upon these passages
from the Bible or attempt lie any way
tn impress them upon the mind Of the
pupil different from the other general
exercises
81 r. Billiard the father of Philip
BILLIARD. objected TO these general ex-
ercises SO far as they included the use
OF any quotations from the Bible and
made known his objections to the
superintendent of schools and to toe
school board. An arrangement was
then made by which his son Philip was
excused from attending these general
exercises in the morning and this con-
dlt0n continued for some consider BILE
time. Afterwards Billiard insisted that
his son should be permitted to attend
the school during the general exercise
period and pursue his regular studies
during that time This was violation
of the rules of the school and DerInIs-
sion was refused. Young Billiard re-
turned to school during the general
exercise period and during that time
pursued his usual studies. which was
a violation of the rules. and for this he
was suspended. and this suit IS brought
r. compel the school authorities to re-
lnstate him
"Were any Of the constitutional or