Evening star., 1925-03-10
SCHOOLS
FIGHTING FOR LIFE
Supreme Court Hearing Ar
gumentS on Oregon Law Re-
quiring Public Education.
BY DAVID LAWRENCE.

Does the child belong to the State
or to the parent? Shall parochial
schools and private schools, including
girls schools and military Schools be-
subject to abolition by the States of the
Union.
These are the issues before the Su-
preme Court of the United States after
two years of wrangling in the lower
courts. Argument Is being heard this
week on two separate cases, one
brought by the Catholics and repre-
sentatives of other religious bodies,
who believe they shall have the right
under the Constitution to teach re-
igion along with the regular curri-
culum prescribed by a State, and one
brought by Protestant and non-sec-
tartan groups, including the Associa-
ton of Military Schools and Colleges
OF the United States, Associatio of
Principals of Girls Schools, Associa-
ton of Private Schools of Central
States. Association of Private Schools
of Oregon and "Reminiscences Asso-
citation of California.
Law Passed In 1922.
The two cases have been consoli-
dated for argument because the issue
is more or less related. The whole
thing grows out of a law adopted in
Oregon in November. 1922. The Fed
eral Court declared the law unconsti-
tutional, and the State of Oregon has
appealed to the Supreme Court here
to settle the issue once for all. The
law wouldn't have taken effect any
how till Sptember, 1926. but the pri-
vate schools claim they already have
al cla inns
to damages.
Specifically the Oregon law would
require all children. between the ages
of and Is to attend public schools
unless physically unable or taught in
the home by parent or guardian, but
even SO the latter must take exami
nations showing they are competent
teachers. and their children are re-
quired to attend public schools II the
parents are unable to keep up with
the professional teachers. Another
exception was made in the case of
children living at too great a dis
tance from. a public school. but If
the State furnished transportation
the youngsters were to be required
to attend public schools. ~-
In short, Oregon took 1t upon itself
to say which schools its. children
should attend, arguing that States
cation. The military schools, and
affiliated organizations do not base
their contention on religious grounds,
but on another article of the Federal
Cons stitution which does not permit
private property to be taken without
due process of law. The compl lainants
say that saloons and other businesses
which can be proved to be public
evil can be stopped. but. that busi-
nesses which cannot be proved harm
full and are obviously helpful should
not be ruined.
Contention of State.
The state of oregon contends that
the private schools would not be
abolished. but simply deprived of stu.
dents between the ages of and Is,
but the private schools answer that
they would be losing business they
now have, SO the principle remains
the same, and IL 1t is once conceded
that the State can make the age
limits to I6 the State could at any
time make the ages from 6 to % If
it chose.
The religious groups fighting the
law base their argument on the
ground that the Constitution guaran-
tees freedom of religious worship,
and that to interfere with a Catholic.
Episcopalian or a Lutheran, or any
one who attends a private school in
which the parents wish religion
taught. Is to violate the Constitution.
According to counsel for the
private schools. the census for 1920
shows that there were. 23,777,705
school children in the United States.
while the Bureau of Education Of
the Department of the Interior of the
United States shows an enrolment
in all private schools of 184,153. OF
this number 130,019 were in private
schools conducted bv religious de-
nominations.
What effect on religious prejudice"
says Joseph A. Hill, principal of the
Hill Military Academy of Portland,
I|7ontinuad on popa Coiun,n 1