Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-03-25

son; and | think 1t fair,
| think it does injustice to nc
man to say that Thomas Jefferson
in his knowledge of constitutional
questions, In his familiarity with pub
lie issues. in his experience with pub.
Der of the present Legislature, even
! of the proponents of the several con-
stitutional amendments which are pro-
posed. Thomas Jefferson drew an
amendment to the Constitution which
| Is Article VIII, and 1 would like to
read it.:
"Literature
az general diffusion of the advan-
| tages of education being essential TO
| the preservation of the rights and
liberties of the people; to promote this
important object. the Legislature are
authorized, and 1t shall be their DUTY
to require, the several towns to make
suitable provision, at their own ex-
pense. for the support and mamie
nance of public schools" Is there any
question about the place which the
public schools occupy in our Consti-
tuition? "And 1t shall further be their
duty"-not their privilege, their duty
Ito encourage and suitably endow
from time to time. as the circum-
stances of the people may authorize
all academies, colleges and seminaries
Of learning within the state; provided
that no donation, grant or endowment
shall at any time be made by the Leg
islature to any literary institution now
| established. or which may hereafter
be established, unless, at the time OF
making such endowment, the LeglSla-
| ture of the state shall have the right
to grant any further powers to alter
| limit or restrain any of the powers
vested in, any such literary institution
as shall be judged necessary to pro-
mote the best interests thereof"
! The last section OF that amendment
refers to the Dartmouth College
case which decided that
charter which did not contemplate
amendments or alterations thereof
was a contract between the State
and the chartered corporation whict
could not be altered. No charter
now is granted without such a pro-
vision. The amendment as origin
ally adopted applied to Bowdoin Col
| leee. | do not think that provision
of the amendment is Of any great
consequence today. The point is
that the Constitution of Maine in
sisted upon our support for the pub
lie schools and urged us to give such
| support to other institutions as the
| circumstances of the people may re-
| Qure.
| Now what have the courts said
about this amendment? In 1854. al
the height of the Know Nothing
movement, little girl in Ellsworth
refused to read out of a Protestant
Bible and she was expelled from the
school Her angry parents brought
an action against the school board
! They said it was an unconstitutional
act on the part of the school board
to enforce that discipline. The Court
said mo, the school committee acts
| in good faith. and their action Is not
renewable and does not form the
basis for an action against them
! Chief Justice Appleton. who was one
| of the greatest judges We have had
in Maine, the Chief Justice Of the
| Supreme Judicial Court, used this
! language:
But while the Constitution recog-
nizes the goodness of the Sovereign
! Ruler of the Universe it does not
recognize the superiority of any
! form of religion or of any sect or
! denomination. 1t knows no religion
nor form Of religion as such. as nav
! ing any binding force over its citi-
! zens. against its will constitutionaliy
! expressed. 1t regards the Pagan and
/ the Mormon. the Brahmin and the
Jew. the SwedenbOrGian and the
! Buddhist, the Catholic and the Qua
/ ker, as all possessing equal rights
/ The DEGREES of council. or the de-
decisions of the Ulema, ar
alike powerless before its Will
| (And may say h 1t the
on1 nal SV1l1 bll
| are lust as powerless before that
/ WILD. 1T acknowledges no govern
| ment external to itself-no ecclesl-
astical or other organization as hav-
! ing power over its citizens, or any
| right to dispense with the obligation
! of it's laws. Its doctrine is the su-
premacy of the people, and that all
| free governments are founded on
! their authority, and instituted fol-
| their benefit
! Under the provisions of the Con-
! stitution, the Legislature, as the
! circumstances of the people have
| permitted. for 100 years have made
| from time to time in comparatively
small amounts grants to private in
! stitutions on the theory. as recognlZ-
| cd in the Constitution that these pri-
I waite institutions i'll educat-
ing the people of our State
are performing a public func-
ton, it is always for the Leg
is!aturc to say whether the circum-
stances of the people-it is always
| for you in this room to say whether
Corinth Academy or the Maine Cen
trail Institute shall be given grant
You can stop this thing absolutely
without any amendment to the Con-
stitution of Maine, and your success
sor5 can stop it absolutely without
| any amendment to the Constitution
of Maine, and l have faith enough to
believe that those who sit in this
room when we have passed from it
will be as wise, as intelligent, and
as honest as we are. In all the 100
years of our history, in all the dis
cussion which, / have heard on this
question, my attention has never
been called to a single misuse of
public funds; and. If any misuse had
occurred, it would have been within
the power of the Legislature to pre-
vent it's recurrence. If any misuse
has occurred, we may today prevent
it's recurrence, and those who hon
estly believe in this amendment must
vote against every grant to a private
SCHoOi right GOWN through tHe Qe-
nominational alphabet from the Ad-
ventist to the Zionists.
/ know the amendment says some
thing about a Sectarian school. | do
no know what a sectarian school is.
| lave never been furnished with any
judicial decision, although ! have
asked for it, as to precisely what q
sectarian school is. I think the
presence of that word in the amend
ment will furnish not only discord
for our citizens but litigation for our
courts.
AS for the parochial school, 1t Is
a DOGGY. a bugaboo. 1t has never
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