Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-12-28

ing the case, ana the conditions as here
I'M set forth obtaining I am OF the opin-
ion and you are hereby 80 advised,
that the religion class work when CON
Quoted IN public school buildings ls In
violation OF the spirit Of tho Constitu-
ton and tho statutes OF the state Of
Utah. Respectfully
"a. C, NELSON,
state superintendent Of Public In
structlon'
Now Il win be clear to every careful
reader that there is nothing cited by
the Superintendent from the state Cone
stltutlon or the statutes that touches
the merits OF this question, All his
quotations relate to religious teachings
and sectarian control In the public
schools The use Of the schoolhouses
for other than public school purposes
when the schools are closed Is another
matter entirely, and there Ia nothing
IN what he gives rs authority for the
strained deductions IN which he in
dulges, that affords the slightest war
rant for his final opinion and advice,
His own sworn testimony proves that
such religion Glasses as had been held
once a week In number OF the school,
houses we're not made a part Of the
school course and were never held UNI
I'll the school was closed, and therefore
could not be considered an endeavor to
Introduce religion into the public
schools
In citing the laws on this subject
Superintendent Nelson, II ne desired to
be quite fair aud candid, might have
referred TO the section Of the same
statutes which gives direct and ex-
pllcit authority to the school board In
each district. to do the very thing that
he objects to, The school board Is
given the care, custody and control Of
all property belonging TO the district,
subject to the requirements Of the law"
and It Is authorized further
Section iS22-TO PERMIT USE OF
SCHOOLHOUSE FOR OTHER PUR-
POSES. IL may permit a school house,
when not occupied for school purposes,
10 be used for any purpose which will
not interfere with the seating or other
furniture or property, and shall make
such charges for the use Of the same
as they may decide to be Just but
for any use or privilege the district
shall not be az any expense for fuel or
otherwise"
It has been under this legislative au-
thouty that trustees, IN many places
where the vast majority Of the people
who built the schoolhouses desired the
use OF those buildings for part Of an
hour one day in the week for the hold
Ing Of a religion class, not Of the chill
dren OF other faiths, but simply Of those
who wished TO attend or whose parents
desired II, and so as not 10 interfere
with the school property or cause any
expense to the school district, complied
with the request II has not been
shown that in doing so they violated
any provision OF any law that has
been cited IN this connection,
The argument that because some Of
the children attending a district school
were permitted after school had closed
and many Of their companions had
some home 10 engage IN r. religious
exercise for hall an hour one day IN
a week. they would jump to the con.
clusIon that It was part Of the regular
school work does not appear 10 be very
cogent ana even IL immature minds
would not be able TO discriminate clear.
ly as to the respective functions OF The
school and the church. what OF III
II the law is not violated, II the schools
themselves are kept free from "sectar
ian. religious or UNCONVENTIONAL doc
trlnea," who Is hurt by the use Of IN,
school buildings once In a while for q
lecture, concert a debating or re-
llgion class or any other orderly and
proper use sanctioned by the trustees
IA control2
But we do not desire just now TO en-
ter into the merits OF the religion clasl
question, or the wisdom or policy o
holding such classes IN the publ,
school buildings. We merely wished {,
show that the superintendent attemp
90 quote iaw, as against the opinion o
the state Attouey-General ls an uttel
failure aud does not meet the issue al
all No one claims that Il IL lawful Of
right to teach religion or conduct re-
lgious classes IN the public schools
This paper Is as much opposed to any
such attempt by whomsoeyer made, al
is the most ardent secularist The SUI
perlntendent has been sighting empty
space and simply echong the perver
slons OF law mat have found their way
into the columns Of q misleading jour
nal And, by the way even n tho
schoolhouses were arbitrarily CLOSED
against the classes that have been helt
therein. which does not necessarily fol
low from the opinion and advice Of
the superintendent, there Is no reason
why "Religion classes must dlspand' as
boldly asserted by that paper, The fu
ture OF those classes rests with theil
promoters and conductors, aud Is an.
niher md different matter onilrely.