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

THE LAW IN THE CASE.
II has been asserted by u morning
local paper that Religion classes must
dlsband.o end az its authority for
this dlotum It has cited superintendent
Nelson who, It claimed, gave startling
testimony ON this matter before the
senate committee BY which The Tri-
buno scored q big victory This sub
iect has been discussed very frequently
OF late but received new interest be-
oause OF the position taken officially
BY A. c. Nelson, State Superintendent
of Public Instruction.
That functlonary was summoned TO
washington to give evidence on the
charge before the COMMITTEES on priyil-
eyes and elections. in the Senator
smoot case, that the mormon" Church
had introduced its tenets In the pub
he schools. This charge had been
made repeatedly In the local sheet re-
ferred to, the only color given to It be-
ing the fact that what are called re-
lrlon classes had been held IN some OF
the district schoolhouses I'm this State
II was very clearly and positively PROV
on that no such classes were held or at
tempted TO be held IN the public schools
that they were separate ana distinct
from district school tuition, and that
where the schoolhouses we're utilized
for the purpose Of holding them, they
were not opened untll after the schools
closed for the day, and then for the
benefit only Of such children as desired
TO attend. the others being dismissed
to 90 home
Notwithstanding this, and the further
fact tina. the religion class was usual
" held but for about half an hour on
one day only In tho week, the absurd
and untruthful claim was stlll kept
up that religion was being introduced
IN tho public schools. and therefore
these institutions were IN danger Of be-
Ing brought under Mormon influence.
This Misrepresentation caused the In
Qulry before the Senate committee and
hence the testimony Of superintendent
Nelson which the Tribune announced
as "a Bis victory Tor that paper The
truth Is that not O line or syllable OF
evidence was given to show that re-
llgion or religion classes had invaded
the public schools Of Utah, but the
very contrary was thereby established.
II appears that the superintendent
had made dllIgent inquiries into the
matter, and learned that a large num-
Der OF religion CLASSES had been held
IN schoolhouses in country places, and
IN some Instances the secular school
teacher, after the school had been dis
missed for the day also taught the
religion class IN the same building.
The superintendent formed the opinion
that this was not IN harmony with the
law, although the state Attoruey-Geu-
eral had twice declared that the laws
Of the State were not opposed 10 the
practice, and SO the Superintendent
issued ana official letter o copy Of
which was furnished to the Tribune,
and which was read by him to the COM
mlttee as follows
salt Lake city, Utah, Dec. o. l90i--
TO the School superintendent and the
School Boards of the State Of Utah
Gentlemen For some time past this
Office has been almost constantly la re-
ceipt OF letters from citizens in different
parts OF the state protesting against
the use of public school buildings for
religion class purposes In order to
ascertain with certainty the prevalence
Of this use of the public school build
ings, letters OF inquiry we're sent from
this office TO AN OF the county and city
school suprintendeuts The replies
received convey The Information.
irgi-That the religion classes are
conducted Boa a large number Of public
school houses throughout the state.
oftNflN Nhi lNfHf lflIHlOA iltFNff
are held Immediately after the close OF
the schools ana from further informal
ton @ ls found that not inicQueutly
the regularly employed teacher Of tho
school D. also the teacher OF me religion
Casses
Permit me To- can your attention ia
Sec I, art 10 of the Constitution of The
state of Utah II reads AS follows.
"'rhe Legislature shall provide Tor
the establishment and maintenance Of
q uniform system Of public schools and
which shall be- open 10 al children OF
the state, and be free from sectarlau
control
"sec, 1885 OF the Revised Statutes Of
Utah 1893 Is also pertinent 60 the 1ues-
ton at hand. II says. No athcistlc
iundcl sectarIan. religious on deuomina-
tional doctrines shall De taught 90 any
Of tho district schools of this state
Moral Instruction tending To- impress
tlpon the minds OF the pupils the Ina
Uurtmce of good manners, tyulhfulnoss,
temperance, purity patriotism and I'M
dustry shah be- given in every district
school and all such schools shall be
free from gectarian control"
"lt rs evident that both the founders
or the state Constitution and the Legls-
lature which enacted the foregoing
statute intended the public schools OF
Utah 90 be free from sectaran lnnu-
pucQg "a wen an frptn tho la auenoaa al