The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-09-05

Ju,n1i n inc thn ,.,r Tho
a,inr T., ~ ,., ,,o,,roo r,,,,,,,s,, ,or ,,o ,rona
ha'oh IS IN great degree Responsible Tor 'he 'reho
Of legislation In state and national halls Of legis-
latjDn their Influence hears the greatest weight,
asa, ,.roo, ., ,boir MANS l. ,,, ,h ,..i.iuo -, ,,u.,
, ''e ~ .">.' :" ~. ' ~
ana amendments 10 the constitution. Mr.. Hughes
was driving home facts when he said in his annua!
address an 81 liberty and Law" If uptrn,.
..U. e,:nd mn IN hos. r,ao,ino. Ii,,, nronh-
49,, =. :, ,;,,
ct" I" "'"' a Il '''" III h''r'l"'h ana IL"
on locusts and wilt! honey, crying: Pre-
pare We the way of the law Make its paths
,ri,, an, ,,,,,,, A., ,, ,,,i,a
''S''' anu ''''' ,"" Wv" ,'"H
aside lhe proph''lrhl EarD, ana supporter
by a more generous diet our lawyers in and
ONT Of legislatures Of forty..ipht STATES and
" '' s ' '
the Federal Congress reS"m" the never END
ing talk OF heapng up laws and providing
,hickcts instead Of roads"
As Mr. Hughes points on, il is not the lack Of
.inari,,. ,,,a, I,,,' ni,n a, ,n,,,,io,. ,,, t,,,
'"'e'iS '''' laws p''c up anu ''''''''y '"' ''''
the increase in legislation is the natural sequence
of other laws.
Tho chief mcnore donbtless docs NOT lie i, ,rc
~ ~ " "
huhoe' Oh law" h"t III tn''r character
lie took occasion in this great address to strcs'
; 49,, ,, n,, ~ , -, ,,a ,;, -, e.
'''s vi ''' '''h' .'' an" we ''l" ''' ~ "
terence only Il" Sald;
While Wlth Il inherent purpose, W" observe the
manifestations OF the same spirit in The EFFORTS
W interfere Will iHHll l'lioH Ill our S'hooH, H'
to promote the acquisition OF knowledge, but 10
obstruct 1t. The Supreme Court OF the United
States has mad occasion to deal with such an at
tempt to control teaching IN private schools. IN
der-a statute, forbiddng the teaching OF any other
than the English language to pupil who mad not
passed the eighth grade Il teacher was subjected to
criminal prosecution for teaching the German
language Even the Court, with its necessarily
limited Judicial vision, could see what lay behind
suc. an enactment and condemned it as an un
warranted interference with the constitutional
guarantee OF liberty Evidently said the Court,
the legislature has attempted materially 10 inter
fere with the calling of modern language teach
crS. with the opportunities OF pupils to acquire
knowledge, and with the power Of parents to con
troll the education of their own children. The
statute applied was found to be arbitrary and
without reasonable relation to any end within the
competency Of the State. The same principle was
applied in the Oregon School case where the stat
ute under review in substance attempted to inter
fere with the privilege in instruction in privat"
schools. The child, said the Supreme Court,
is not the mere creature or the State. Those
who nurture him and direct his destiny have the
right coupled with the high duty to recognize and
prepare nm for additional Obligations. Mani
testify the purpose of the statute was not to aic
education, but arbitrarily to interfere with the
freedom Of instruction.
The question is now presented as to the control
OF education in the public schools. do not propose
to discuss evolution, or a particular statute and
litigation recently much advertised: or even con
sttutional issues which, grave as they are, are OF
less concern than a sound public sentiment on the
larger question involved. Let the taxpayers it IS
said-the majority, it is meant--dehne the currlc-