The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-06-01
NEW OREGON
SCHOOL LAW
is MADE VOID


~ - 60 49, e 3s
Continued from psss. ons)
that should states be permitted t,
monopolize the education Of children
up to the grammar grades, the mex
step would be the taking over of ed
ucation in the higher grades.
Property Rights
The new Oregon law proposed tina
all children between 8 and Is physi
cally able and living within reason
able distance should attend publ,
schools, unless educated at home b,
private tutors under state supervi
sion. In the lower federal court the
questions Of property rights was con
trolling in the decision of the consti.
tutional questions presented. The
private and parochial schools con.
tended with success that the state
law under which, they had been in.
corporated constituted a contract
which must be respected and could
not be broken: that under the con.
tract they had acquired property
rights through the erection of schools
which could not be confiscated OF
seriously impaired without violating
the federal constitutions; that teach
eFs in such institutions had employ.
ment rights which must be protected I;
and that it was an inherent right of
parents and guardians, guaranteed by
the federal constitution, to decide
where their children should be ed
Gated, subject to the right of the
state to require them to be sent to
public school provided they were not
adequately educated elsewhere.
To Promote Patriotism
Alleging purpose to promote pa
triotlsm by large public school ex-
the state commended that
with an increase of facilities attend
ance in the primary grades should
be increased as proposed in the new
law. The state asserted that it was
its duty to teach children their true
allegiance, and to impress upon
young minds. that the claims of the
government were superior to those
OF any religion. The authority to
require children to attend school en-
braced the rights, the state insisted.
to compel them to go to public
schools.
Education, important in building
up good citizenry, came within the
police powers of the states, under
their general welfare jurisdiction.
Oregon further asserted, insisting
That in such matters the federal gov
ernment had no right to interfere.
It was for the state courts and the
people at the polls to remedy any
defects which might develop, it said,
and not for the federal courts, be-
cause local conditions must always
control in such matters. Insisting
that "some vestige of sovereign pow
er" should remain with state gov
srnments. Oregon gave warning
That should its law be held invalid, a
movement would be started at once
Ton constitutional amendment.
For Public Welfare
Summarized, Oregon's argument
was that the national government
vas founded upon the theory that
church and state should be maintain
ID separate, principle to be close
y guarded in the education Of its
youth; that the right of q state to
control a minor when public welfare
required had been thoroughly ss&ab-.
ished in the courts and included con-
'rol over their education; that pri-
nate and parochial schools are not
'npcrior to public schools, therefore
he new law would not deprive them
II sny rights or provileges or sub
|ect them to any disadvantages; that
ne opposition came from those who
wanted children given sectarian re-
3gious instruction; that the fight In
felved the survival Of the public
schools; that II had been; consistently
aeid' in the courts that, states could
It their pleasure amend or cancel
such charters without encountering
my constitutions prohibition; that
he new law would not interfere with
ssliGious hbeYty; that those who de-
hired to- send their children to par
'thiaf or private schools could do so
Earring hours when their attendance
It the public school was not requir-
ID; that children in public schools
would be excused under the new law
certain number Of hours zach week
or such religious instructions as
heir parents or guardians might de-
aEsss snd that the religious views Of
|ems parents could not b permitted
~ destroy the, effectiveness of q sal
emit law. i y
rs Given Support 80
The Protestant Episcopal Church,
he Seventh Day Adyentists and the
American Jewish Committee each
ilea 10 brief % friend of the court in
oppoTt Of the position taken by the
'aroehaat and private schools. Op.
'ontnts o, %he new law declared it "
erious menace. Tbsy attributed the
Of the moral fiber of the
ime 70 the 'lack Of religious andmor.
j tssiningst pssticSlar1y ia children,.
leclaring that Unless present tenden-
yes were restrained, conditions here
would be worse than those in Soviet
eussia. Oregon's idea, of separation
4 church snd state would mean, they
leclared. no church but only state,