Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-11-10

AS to the second point regarding
the recent law requiring the reading
of the Bible in the public schools,
Bishop Walsh states, "the new law
In Maine on Bible reading Is a queer
mixture, from every point of view,
| and II anybody cares to test its con-
stitutionality, he will have a good
ease"
Such a statement by man in
Bishop Walsh's position tends to
hinder very greatly the harmonious
cooperation of our public school
teachers in carrying out the, pro-
visions of this new law. think it
is very important that the citizens
of Maine should realize how abb
solutely groundless is this sugges-
ton of unconstitutionality as this
question has already been passed
upon by the Supreme Court of Maine.
In 1854, school committee in the
town of Ellsworth required the read
ing OF the Protestant Bible in the
public schools OF Ellsworth. A
Donahoe, as a pupil in the public
schools, carried the question to the
Supreme Court of Maine, claiming
that such requirement was viola
ton of the religious rights of the
parent and the child, since it was a
| sin in the Roman Catholic church to
read the Protestant Bible.
In one of the great opinions upon
= this subject, discussing it from all
angles, and dealing exhaustively
with the fundamental American
; principle of the separation of church
! and state, one of our great judges,
Judge Appleton, discussed this case
| using twenty-five pages of the Of
fetal report for his opinion, which
will be found in SO Maine, 391. The
Supreme Court of Maine considered
the claim of unconstitutionality as
| now presented by Bishop Walsh at
great length and decided that it was
! absolutely unfounded. The Court
| further went on to discuss the i'm
| piicatlon OF the doctrine urged by
| the plaintiffs in that case and by
Bishop Walsh in his latest state
ment, pointing out the very serious
dangers involved in any such theory.
| ! believe this entire decision is
worthy of the most careful study at
| this time, but two quotations from
| the decision l think are well
! worth quoting here.
In that case the plaintiff claimed
| 1t was unconstitutional to compel her
to read the Protestant Bible in
school, contending that 1t was a
violation of her religious beliefs, and
| q preference of another sect. Judge
Appleton says at page 400:
But the claim of the plaintiff
is much more liable to the ex-
ceptioa that it is creating the
subordination or preference of
one sect or denomination over
another. Her claim to be ex-
empted from general regulation
OF the school rests entirely on
her religious belief, and is TO
the extent that the choice of
reading books shall be in entire
suboEdination to her faith, and
because it is her faith. The
preference is manifestly given, if.
III the selection to be made, the
defendants were bound to defer
to the doctrines and authority
and teachings of the sect of
which she is a member. The
right Of negation is, in it's opera
ton equivalent to that of
proposing and establishing. The
right of one sect to interdict or
expprgate, would place all schools
in differentiation to the sect
| lntefd1ctIng or eXpurgating.
IL tine claim is. that the sect
OF which the child is a member
has the right of Introduction, and
1
because under the ban of her
church, then the preference is
practically given to such church,
and the very mischief complain
ed OF. is inflicted on Others"
IN the closing paragraph of the
decision. the Court discusses the
| whole question of the position of the
American Public School System i'm q
democracy such as ours and, with II
i vision that penetrates to the very
, heart of the troubles of our present
cay, mas this to say regarding the
fundamental importance of main
tanning the public school system in
tact. At page Alb, are found these
! words.
The trust conferred upon
those who have the superinten-
dence of our public schools is
hardly inferior in importance to
that of the administration of the
government. Indeed. the gov
eminent itself depends in no
slight degree upon the education
OF those by whom it is hereafter
to be controlled Amid the
various and conflicting differ
ences on moral, political and re-
lglous subjects, there is need of
mutual charity and forbearance
of mutual concession and
compromise. Large masses of
foreign population are among us.
weak in the midst of our
strength. Mere citizenship is of
no avail. unless they imbibe the
liberal spirit of our laws and in
stltutlons. unless they become
cltlzenS in fact as we'll as in
| name. In no other way can the
process of assimilation be so
rp1diIV nnd
phshed as through the medium of
the public schools. which are
alike open to the children of the
rlcn and The poor, of the stranger
and the citizen"
lt is TO be remembered that the rule
under consideration in this case of
nearly a century ago involved not
merely the reading of the Bible, as
is provided by our present statute. but
the reading of the Protestant version
or the Bible, and the Court held I'M
quallfiedly that such rule was well
within the power of local school COM
mittees within this State, and that
same power exists today.
AS to the third point. regarding the
seeking of public school funds for pa
rochial schools, I quoted Bishop Walsh
as having advocated and predicted the
adoption of the system in vogue in the
Netherl7nds. by which public school
funds were divided among various
church schools in accordance with the
religious preferences of the parents,
and ] contended that such system
would be disastrous to our unity as
ration and in contravention of our
American principle of the Separation
of church and state.
Bishop Walsh denied that he had
ever made any such statement. This
statement was made by Bishop Walsh
at hearing before the Portland school
committee in the Council Chamber at
hal nck l..