The Waterbury Democrat., 1937-12-16
SCHOOLS FACE GENERAL CURB
 ON FLAG RULE
California Tribunal Joins us. Court Against En.
 forced Salute
BY JOHN ABBOTT
lJnlteA Preas staef CorrespOndentl

CUnlted Press Staff COrrespondent)
 Sacramento, Cal, Dec. i6.-(UP) Another case in the series which from time to time has upset edu- eational circles throughout the coun- try. wherein children are expelled for refusal to salute the United States flag on religious grounds, has been decided here by the Third District Court of Appeal,
 The court, to which Sacramento board of education officials ap- pealed from on adverse decision In the county superior court, ruled that Charlotte Qahrielli, lO.year old pupil In an elementary school, does not have to salute the flag.
 Charlotte, with her father, s a member of Jehovah's Witnesses, Q religious denomination whose ten- cts forbid pledges of allegiance Co any other power than that of God,
 Child stood Mute
 The child was expelled after ehe stood passiVe while her classmates saluted the flag and repeated the oath of allegiance, c custom folr lowed in most of this city's schools.
 In affirming the trial courts verdict, which upheld Q whit of mandate ordering the girls rc- admission to school, the Appellate Court said:
 "No questions of morality, dis- obedience or improper conduct were involved, but only 0 single question of standing mute while other pupils saluted the flag and repeated the oath of allegiance
 The board of education, the court further held, acted In on are bitrary fashion in expelling the girl.
 A unanimous decision of three Justices set forth 0 conscientious conviction" to which the girl was fully entitled under the State and Federal constitutions, prevented her from saluting the flag.
 An additional point was the dc" fense attorneys contention, sus. tained by the court, that no specific legislative enactment coEi- pelled the action; 1t merely had gained the force of law through custom, he said.
 Not Religious Ceremony
 The opinion agreed With the school board that saluting the flag Is not e religious ceremony. They wsre in accord with decisions of Massachusetts, Georgia and New Jersey on this issue. In each of these states pupils have been cx. pelled under the same circum- stances.
 The California court pointed cut, however, that in oil these states, the flag salutc was naflda. tory under legislative enactment.
 Jehovah's Witnesses rely heavily on several passages from the Bible, including the third verse, goth chapter of Exodus (Thou shalt have no other gods before Mc), in support of their contention that their objection to the flag salute iS based solely on religious gcrupleS.
 Higher Court Ruling Sought
 The local issue has not been settled, however. The school su- perintendent said he would recotr- fnend that the city appeal tho decision to the State Supreme Court.
 "I'm not criticlzing the deci- sion," he said. T merely want to see the thing through"
 Meanwhile, at Philadelphia, Q Federal court made virtually the same ruling.
 Judge Albert B. Maris handed down the decision in the case Of Lillian and William dobitis, who were expelled from the MinerSville, Pa., public schools two years ago. The dobitis family also belongs to the sect of Jchovah's Witnesses.
 Liberty Of conscience means liberty for each individual to de. eide for himself what to him 3s religious" Judge Maris said.
 Although he did not order the children reinstatcd, Judge Maris ruled the pupils were not obliged to salute the flag unless the school board could prove their refusal was detrimental to public welfare.