Iron County news. [volume] (Hurley, Wis.) 1913-1950, 1916-03-04
FAVORED
BY HIGH COURT
Decides Against Compliments in
Juneau County Case.
NOT AGAINST PUBLIC POLICY
High Tribunal Declares Practice of Of.
fering UP SPECIFICATIONS at Gradu-
alton Exercises Is Not Putting
Religion Into the Schools.

Madison.-The supreme court hand
ed down decision OF more than pass
ing interest when it was decided, in
the case of Daniel f. Conway and 9th
ers against the District Board OF Joint
School District No. 8, of the towns of
Plymouth. Wonewoc and city of Ell
roy, that the holding of graduation ex.
ercises in a church which are opened
by prayer is not against public policy.
The opinion in this case was written
by Justice John Barnes, who today
sat with the court for the last time.
1t is fortunate that the present hap
less controversy is of a genus that
seldom makes its appearance in this
court, says Justice Barnes. Our pop
ulation is made of many people divid
ed into many religious sects, as well
as many people who belong TO no sect,
all of whom contribute to the main
tenance of our state school system in
proportion to their ability to pay. The
number of our people who do not be-
lieye in the existence of a supreme
being and in life hereafter Is almost
negligible. OF the vast majority who
do, some think eternal bliss can be
most safely insured by pursuing one
route and others by pursuing other
routes, and hence the number OF sects
into which we are divided.
There is no subject on which peo-
pie are more touchy than on that of
religion. We may think that there is
small reason for such a state of
mind. but it is condition and not
theory which confronts US. 1t may
well be said that the grievance here
complained of is trifing. but human
nature is much the same whether the
individual be Catholic or Protestant.
Reverse conditions and let a Catholic
school board select a church or build
ing devoted TO Catholic services in
which to hold graduation exercises
and engage a Catholic clergyman to
deliver q non sectaTian prayer or invo-
cation. and the devOut Lutheran. Pres
byterian, Methodist, Baptist. or other
member of a Protestant communion
would be just as likely to take I'M
bragg at what was done as were the
petitioners in the present case Our
constitution makers wisely sought TO
prevent as far as they could the in
lection into the affairs Of state of any
thing that would tend TO terminate or
foster religious rancor or bitterness.
1t is wise and just that its provisions
be adhered to in spirit as well as in
letter. We conclude that the petition
ers are not entitled to relief on the
facts stated. Nevertheless. we think
it would be a wise exercise OF official
discretion to discontinue such prac-
tees as are here complained OF when
objection thereto is made by a sub
stantial number Of school patrons We
do not deprecate the efficacy of prayer
Neither are we prepared to say that
the average high-school graduate may
not need it. But whenever % it likely
to do more harm than good. it might
well be dispensed with
Justice Barnes brings out in the
opinion that when graduation exercises
are held in a church it is not neces-
sarily held there because It is church.
but because In a small town it is like
ly to be the most cOmmodious place in
the community Other buildings. he
says. are often used for religious serv-
ices, even the city streets, and to say
that a person attending such a place
once a year is compelled to attend a
place of worship, would be giving
prominence to form rather than sub
stance