Evening star., 1936-12-17
editor R|SQUZzED
BY SCHOOL BOARD
Challenge to Constitution in
Banned Scholastic Cited
by Members.

An hours discussion of the merits
of the editorial policy Of Scholastic
yesterday afternoon gave to the men,
bers of the Board of Education an
opportunity to express their own
patriotism and at the same time deny
any allegiance to militarism or ex-
treme pacifism.
Maurice r. Robinson. editor of the
publication. which two weeks ago was
stricken from the approved list be-
cause Of its alleged paciflsm, addressed
the board. He read manuscript that
covered % closely typed pages, in
which he asserted that the edi-
torial made a basis for the board s
action is three years old and is
merely one in q series of editorials
of similar intent.
Under questioning he refused to say
that he would deny. either as an in
dividual or as an editor, his opposi-
tion to war, and his purpose to cru
SADIE, If that is the word" against
war.
Challenge Seen.
Robert A. Maurer led the attack Of
the board in answering the editor.
He explained that this board pri-
marily is just as much against war
as you are" but cited that the dec
larations Of Scholastic form open
challenges to the Constitution In that
they ask for delegation of power to
the public that already is vested in
Congress. Maurer is a teacher of con-
stitutional law at Georgetown Uni
versity.
Mrs. Henry Grattan Doyle asked
Robinson IF you now would encour-
age children to oppose war unless it
be declared by q majority vote of
the people"
Robinson hedged by declaring that
the paper is still against war but
that he would prefer that high-school
children make decisions for them
selves.
The editorial in question, published
in the issue of November IL, 1928,
called upon high-school students ITO
adopt a program on which students
of goodwill can unite. Here are four
possible planks:
81. We will not fight in any war
unless the mainland of the United
States is invaded by a foreign foe,
or unless by international agreement
against an aggressor state.
y. We will not fight in any war
which has not been declared by ma
jority vote in q Nationwide referen-
dunn.
3. We will not accept conscription
OF our bodies for the Army or Navy
without an equally complete conscrip-
ton of the capital and profits Of in
dustry.
a. We will maintain to the end
our right to determine our own con-
duct by Independent thinking"
Ballou Defeated on Substitutes.
After the lengthy discussion, which
was passed over for later action after
Robinson promised to supply each
member of the board with copies of
Scholastic for the last IL months,
DR.. Frank w. Ballou, superintendent,
was defeated in an effort to force
teachers to hire substitutes when they
leave their classrooms to take exami-
nations for promotion.
DR.. Ballou explained that at pres
ent teachers may abandon their
classes to take tests for advancement.
His recommendation was that here
after they be required to pay sub
stitute to serve in their absence. There
was a sharp disagreement among the
board members, two voting for the
proposal, two voting against it, and
two others declining to vote.
To Press Kemp Appeal.
The board also voted to continue
the appeal of the Lois Kemp case in
spite of the fact that Corporation
Counsel Elwood H. Seal advised the
members against such action.
I'VE have had two oficial lawyers
advise us on the question of nom
resident pupils" Mrs. Philip Sidney
Smith commented. They have dis
agreed. Now we have the oppor-
tunity to have a definite court ruling.
I think we should have it."
Mrs. Smith referred to an opinion
from the late w. w. Bride, corpora
tion counsel, who held the non-resi-
dent pupil law was "permissive" and
not mandatory" and gave the board
the right to ban or enroll residents
of nearby Virginia or Maryland as
circumstances permitted; and the
opinion of Seal, who held the law is
mandatory and that the board has
no discretion in the matter.
The board recently was ordered by
District Court to allow the enroll
ment of Lois Kemp, resident of
Arlington, Va. Several other students,
whose parents are employed In the
District were afTartad