The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1913-10-02
DECIDE To COMPLY
WITH SCHOOL LAWS
German Societies at St. Cloud
Take Advanced Step in Ed
ucatiOnal Matters.
PERPLEXING PROBLEM SOLVED
Ruling of Attorney General Max
ing Step Imperative if Rural
Schools Receive Aid.
PERPLEXING PROBLEM SOLVED

official organi at ion of G er N q
Catholic societies in Minnesota, in
their convention held at St. Cloud
Sunday and Monday Of this week pas
sed a resolution declaring that from
this time for ward all special religious
instruction in the public schools COM
posed largely or entirely of Catholics
will be abandoned in compliance with
the State law.
The Herald publishes herewith the
full text of letter. from the Attor-
ney General to the State Superin-
teudent of Schools on this subject,
handed to US by Rev. FIR. Altz, of
this city.
Hon. C. G. Schulz. Superintendent of
Public Instruction, The Capitol.
Dear sir: For some time past
have had your communication relative
to certain schools in Stearns and
Morrison counties under considera-
ton, and after a conference with you
it has been decided that the main
question involved is as to whether
state aid" should be given to am
school violating the provisions of Sec
ton of Article of the State Con
stitution, and the specific questions
originally asked by you and in which
partial statements are made as to
real or supposed conditions, were
withdrawn from your inquiry.
You are advised that state aid
should NOT be given to any school
violating that provision of the Consti-
tuition.
Section above referred to is in
the following language:
The legislature shall make
such provisions, by taxation Or
otherwise, as, with the income
arising from the school fund, will
secure a thorough and efficient
system of public schools in each
township in the state. But in no
case shall the moneys derived as
aforesaid, or any portion thereof,
or any public moneys or property,
be appropriated or used for the
support of schools wherein the
distinctive. doctrines, creed or
tenets of any particular Christian
or other religious sect are pro
mulgated or taught"
It therefore follows that any school
in which "the distinctive doctrines,
creed or tenets of any particular
Christian or other religious sect are
promulgated or taught" is not en-
titled to receive "state aid Il also
may be stated that money raised by
taxation locally may not be lawfully
expended for like purpose. -
The question as to whether or not
1.-The distinctive doctrines, creed or
tenets of any particular Christian or
other religious sect are promulgated
or taught" in a given district is large
ly a question of fact to be determined
in each instance by the state officials
or board having to do with the dis
tribution of state aid" This ques-
ton of fact is one to be determined
by the exercise of sound reason and
Judgment by such official or board
prior to the granting of any state
aid"
1t would be impracticable, if not
impossible, for this department to
enumerate what acts or conditions
might, or might not constitute viola
tons of the Constitution, and this
you do not request us to do.
The question as to the meaning OF
the constitutional provision above
quoted was the subject of litigation
in the district court of Stearns coun-
| ty several years ago, in the case or
Oliver Rasnick VS.. Common School
District No. 80, ct al. That case was
| tried by Judges Searle and Baxter,
and a very exhaustive opinion was
rendered of which you have a copy.
The case was not appealed to the
supreme court, and the judgment in
that case is the law, at least inso-
far as the Seventh judicial district
is concerned, in which district the
schools here mentioned are situate.
The state officials having charge of
the state school fund should care
| fully consider that decision and be
guided by the conclusions reached
| therein.
1t has always been one of the funda
mental principles of our government
that there should be a complete sever
ance between the church and the
state, and to~that end the Constitu
ton of the State of Minnesota Gas do
the constitutions of most of the
states), provides as hereinbefore not
ed. This mandate of the Constitution
should not be violated by subterfuge
or otherwise. Section Is of Article l
of the State Constitution further en-
phasizes the proposition as will be
seen from the following excerpt:
THE right of every man to
worship God according to the die
tates of his own conscience shall
never be infringed, nor shall any
man be compelled to attend, erect,
or support any place of worship,
or to maintain any religious or
ecclesiastical ministry, against
his consent; nor shall any con-
troll of or interference with the
rights of conscience be permitted,
or any preference be given by
law to any religious establish
ment or mode of worship; nor
shall any money be drawn from
the treasury for the benefit of
any religious societies, or religious
or theological seminaries."
The public officials or board having
the matter in charge should, if it has
not already done so, make the nee
essary investigation to ascertain what