The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-09
BIBLE TO STAND.
Supreme Court Says 1t May Be
Read in Schools.
j. B. Billiard Loses His Suit
Finally.
MIR. HAZEN is UPHELD.
His Opinion Sustained by High
est Tribunal.
MR.. HAZEN is UPHELD.
Governor Bailey's appointment
of District Judges Upheld.

Va OA0 ~ ANO = AZ : % - DSA0s
The supreme court today upheld the
Topeka board of education in the Bill
lard Bible case. That is. it decides
that the reading of the Bible and the
repeating of the Lords Prayer is all
right in the public schools. 1t says:
"A public school teacher who, for
the purpose of quieting the pupils and
preparing them for their regular
studies, repeats the Lords Prayer and
the twenty-third Psalm as a morning
exercise, without comment or remark,
in which none of the pupils are re-
quired to participate, is not conduct
ing a form of religious worship or
teaching sectarian or religious doc
trine''
This is the case growing out of the
expulsion of Philip Billiard, son of
J. B. Billiard, from the public schools
for making a disturbance during the
morning exercises in schools. Mr..
Billiard objected to religious exercises,
and Philip was excused from coming
IN at the regular time, but was al
lowed to come Is minutes late. after
the reading of the Bible was over. He
did this for a time. but later persisted
in coming in with the other children
and studying during the opening ex-
ercises. Because of his persistence in
this conduct he was finally expelled.
Mr.. Billiard brought a mandamus
court to compel the board of educa-
ton to reinstate him on the ground
that the exercises to which he object
ed were religious exercises in violation
OF the state constitution. which saws:
The right to worship God according
to the dictates of conscience shall never
be 1nfringed; nor shall any person be
compelled to attend or support any form
of worship; nor shall any control of or
interference with the rights of con-
science be permitted"
Judge Hazen in the Shawnee county
district court held against Mr. Billiard
who appealed his case. to the supreme
court, and now the supreme court up
holds Judge FIazen's decision.
Judges Are Sustained.
J. McCabe Moore. Governor Bailey's
appointee, is declared to be the legal
district judge in Wyandotte county by
the supreme court. Judge e L,
Fischer, to succeed whom Moore was
appointed contested the appointment
on the ground that the constitutional
amendment providing for biennial cleo
lions, adopted a year ago, took away
from the governor the power to appoint
district judges to fill the interim be-
tween the end of his term last January
and the general election next fall
Two other districts are also affected bv
TINS decision. Had it been the other way
Judge O. L. Moore of Abilene would have
heen re1nstated in the Eighth judicial dis
trict instead of J. T. Dickinson of Mar
ion, and in the Jackson-J efferson district
would have been reinstated instead of
Judge G. L; Hurrel Of Holton.
any protest against the appointment of T.
Z. Wilson to succeed him.
Shippers Lose a Point.
The supreme court has held that
shipper of stock must comply with the
conditions on the back of his bill of
lading before he can recover loss sus-
tanned through the negligence of the
railroad handling the shipment. The
decision is rendered in the case of Ka-
lima & Cizek of Ellsworth county
company.
Book Company Upheld.
The supreme court held, in the case
of the state against the American Book
company, that the contract made by
the book company with the state pre-
vious to its compliance with the cor
poTation law is not for that reason in
suit of one of the contracting parties
The American Book company was sue
cessful in its bids for supplying books
to the common schools of the state two
years ago and made q. contract on May
8, 1902 with the state to furnish the
books The law requiring foreign cor
porations to comply with the Kansas
corporation law went into effect May
on the relation of the attorney general
to annul the contract of the American
Book company on the ground that it
had not complied with the law. The
book company complied with the law
later and was admitted to the state.
Another suit was then Instituted to
annul its contracts and the courts
opinion today holds. that these are val
id.
Miss Wooster Loses.
Miss Lizzie Wooster loses her case
against Crane & Co. The supreme court
today sustained Judge Hazen who ruled
against Miss Wooster's claim for damages
and sustained Cranes contention of VIC
latfon of contract.
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