Evening star., 1925-06-02
OREGON DECISION
AIDS SCOPES CASE
Principles Voiced by Court
Will Be Invoked in Ten
neSSee Trial.
BY DAVID LAWRENCE.

The Oregon school law which has
been declared invalid by the Supreme
Court of the United States did not
involve the same issues as are rails
ed in the Tennessee evolution case,
but there are certain broad princi-
pies laid down by the court which
will be invoked by the, attorneys of
both sides in arguing the right to
teach the doctrine of evolution.
There have been many decisions
which have affirmed the right of the
State Legislature to prescribe cur
riculum for use in the public schools,
but the Oregon school case repeats
that principle more recently than any
other case.
The Supreme Court says signifi-
cantly that mo question is raised
concerning the power of the State
reasonably to regulate all schools, TO
inspect, supervise and examine them,
their teachers and pupils"
Both Sides See Cause Aided.
From this the defenders of the Ten.
neSsee law are going to argue that the
court itself agrees that such a mower
Is vested in the States. The opponents
OF the statute, on the other hand, will
derive inspiration from other parts of
the same decision, which SAYS the
child Is not the creature Of the State
nut can be educated at the direction
OF the parent in whatever schools are
chosen.
In the Tennessee case. the legisla-
ture simply preScribeS what shall or
snail not be taught in the public
schools, whereas in Oregon the legis-
lature undertook to compel all children
to attend one kind OF school-namely
the public schools William Jennings
Bryan, who is to be associated with
the counsel defending the Tennessee
law. insists that parents who want
thelr children taught evolution may
send them to private schools with such
course in the curriculum.
The Oregon case, however lays
down some principles as to the right
OF the parent with respect to educa-
ton generally, and the opponents of
the Tennessee law are planning to ar
que that since the people are taxed to
support the public schools such doc
trines shall be taught as are not in
1mlcal merely to the public welfare
and that any regulation which touches
the broad ground of religion is an in
reference by the State in the right
OF religious worship, whether the in
reference is in the form of a regula
ton requiring the teaching of the Bi
bic or the prohibition of any particular
religious doctrine.
Hinges on Technicalities.
The Tennessee case will therefore
hinge largely on technical rights such
Is were raised in the Oregon case, and
not on the merits of the doctrine of
evolution, whether it is harmful to
the education of the young if taught
or suppressed. The power of the State
to hire and dismiss teachers is af-
firmed by the Supreme Court, as is the
power to regulate reasonably" how
the public schools shall be conducted.
II the Tennessee case goes finally
to the Supreme Court of the United
States, the whole issue will be the
right OF State to define exactly what
shall be taught and what shall not be
taught in schools supported by public
funds. Certainly the prescribing of
penalty for teaching a controversial
doctrine is not going to be debated so
much as the right of the State to dis
miss teachers who depart from the
prescribed curriculum.
State Power Limited.
The opponents of the Tennessee law
will also derive announcement from
this part of the decision in the Oregon
case:
The fundamental theory of liberty
upon which all Governments in this
Union repose excludes any general
power of the State to standardize its
children by forcing them to accept in
struction from public teachers only"
From this it will be argued that
the State also possesses no power to
exclude from general instruction any
doctrine which is accepted by prac-
tice in other States of the Union as
historical rather than religious In
opposition the defenders of the stat
ute viii unquestionably refer to other
decisions of the court which have up
held the right of States to say
what text books shall be used and,
inferentially, what doctrines shall be
disseminated by the teachers hired
by the State.
tCODyright lno6