The Nome nugget., 1925-07-25

than thirty days by both such fine and imprison ment in the discretion of the court" It i'm mediatey evident that this law would put out O business all private and parochia schools in Oregon Moreover there sgns that other wer preparing to follow Oreeon's lead It there
 fore challenged in the courts by the Society of Sis of the Holy Names of Jesus and Mary. in he half of the parochial schools. and by the Hill Mil itary Academy. The Protestant Episcopal Church the Seventh Day Adventists and the American Jew ish Committee each filed brief support of tht position taken by the parochial and private schools In April 192i the plaintiffs their in th, Federal District Court. sitting in Portland. whcl declared the unconstitutional. In behalf o the state Governor Walter NJ. Pierce carried the case to the United States Supreme Court which now sustains the decision of the lower court.
 The Supreme Courts opinion in the handed down on June 1. written by Mir. Justice Me Reynolds and is unanimous. The opinion says ir part.
 ..No question is raised concerning the power of the state reasonably to regulate all schools, to in spect supervise and examine them. their teachers and their pupils require that all children of proper age attend school. that teachers shall be of good moral character and patriotic disposition that certain studies plainly essential to good citizen ship must be taught and that nothing be taught which is manifestly nmieal to the public welfare,
 ..The inevitable practical result of enforcing the act under consideration would be destruction Of appellees' primary schools. and perhaps all other private primary schools for normal children within State of Oregon.
 Under the doctrine of Never versusNebraska. 2s2 L s 3s0 CGerman language case1. We think it entirely plain that the of 1922 unreasonably ,nterferes with the liberty parents and guardians to direct upbring and education of children under their control As often heretofore pointed out rights guaranteed by the Constitution may not be abridged by ligislation which has reasonable re- laton to some purpose within the competency of the State
 "Th- fundamental theory of liberty upon which all in this Un.on repose, excludes any general power the State to sandardze its chil- dren by forcing them accept instruction from
 public. teachers only The child is not the mere ere attre of the State those who nurture him and dt-i rect his destiny have the right. coupled with the high duty to recognize and prepare him for ad- dnional obligations
 Summarized oresons argument in tie Courts was that the national Government was founded upon the theory that Church and State should be main tained separate, principle to be closely guarded in education of its youth; that the right Of II State to control when public welfare required had been thoroughly established in the courts and in cluded control their educaton: that private and parochial schools not superior to public schools therefore law would not deprive them to any advantages; that the oposton came from those who wanted children given sectarian re- ligious instruction
 "It is wise decision' remarks the Portland Ore gonian. ''The theories of liberty proclaimed the Constitution there protect. primarily the mi norties The majority readily take of itself witho doubt majority of the people of Oregon believe that the public school is best for their children, best for all children. But it is their right to impose their opinions upon the people who do not believe it so.'
 ".as said, th decision is by the final legal auth ority in the land. It a wise decision. It is that should have been foreseen by the framers of the bill as it was foreseen by many including this newspaper. who opposed the law. There is nothing we know of that those who adhere to it's principles can now do about it. No like law be enforced without amendment of the national Constitution, q process difficult to accomplish at any time and one in this instance that, if attempted would promote destructive if successful, enroaoh upon guarantes which n the larger of those rights which the founders of independence de clared to be unalierable"
 "In the Brooklyn Eagle read "whatever the influences behind it, the Oregon school law a startling adventure bgotry and intolerance. It apd pripitao to chi