Evening star., 1948-03-14

Jain pubic IunoS Tor religious
schools"
There were, he explained, expert
ments with vacation schools and
with Saturday as well as Sunday
schools. They failed.
"Our Of these inadequate efforts, :,
Justice Frankfurter said, evolved
the weekday church school, held
on one or more afternoons q week
after the close Of the public school.
But children continued to be chill
dren; they wanted to play when
school was out. particularly when
other children were free to do 50.
Church leaders decided that II the
weekday church school was to
succeed, q way had to be found to
give the child his religious education
during what the child conceived to
be his business hours"
The first proposal for weekday
religious instruction on released
public school time was made In
1905 to the Interfaith Conference
on Federation in New York City
by DR.. George U. Wenner. The
conference, in adopting the proposal,
urged that the churches sponsor a
Sunday school-on- Wednesday pro-
gram on church promises, for chill
dren released from public school to
attend. Gary, Ind, was the first
city to institute the program, in 1914.
Jackson Sees Danger Signal
From this small beginning the
movement has spread, under a
variety of forms, until 1t is esti-
mated that almost two million
children in about 1900 communities
participated in released time" re-
ligious classes in 1947.
That some of these programs may
be legal Is conceded by Justice
Frankfurter when he said: I'VE do
not attempt to weigh in the consti-
tutional scale every separate detail
or various combination of factors
which may establish a valid released
time program"
But Justice jackson expressed
fear that the court has laid down a
sweeping constitutional doctrine as
demanded by the complainant" that
does not tell the State court where
1t may stop, nor does it set up any
standards by which the State court
may determine that question for
itself"
''The plaintiff, as she has every
right to be, is an avowed atheist"
said Justice Jackson. What she
has asked of the courts is that. they
not only end the released time plan
but also ban every form Of teaching
which suggests or recognizes that
there is God. She would ban all
teaching of the Scriptures" -.
ITO me the sweep and detail of
these complaints is a danger signal
which warns of the kind of local
controversy we will be required to
arbitrate If We do not place appro-
pirate limitation on our decision
and exact strict compliance with
jurisdictional requirements. Author
tiles list 256 separate and sub
stantial religious bodies which exist
in the continental United States.
Each OF them, through the suit of
some discontented, but unparalleled
and untaxed representative, has as
good a right as this plaintiff to de-
mand that the courts compel the
schools to sift out of their teaching
everything inconsistent with its
doctrines.
Reed Dissents Vigorously
Justice Jackson said it remains to
be demonstrated whether it is either
possible or desirable to isolate and
cast out Of secular education all
that some people may reasonably
regard as religious instruction.
Music without sacred music,
architecture minus the cathedral or
painting without the scriptural
themes would be ecceptric and in
complete, even from a secular point
of view" he said. "Yet the inspi-
rational appeal of religion in these
guises is often stronger than in
fortnight Sermon Even such q
science as biology raises the issue
between evolution and creation as
an explanation of our Presence on
this planet"
In his vigorous dissent, Justice
Reed cited other instances of what
he regarded as q traditional and !
valid commingling Of religion and
government. He pointed to the
chaplains Of the armed services, the
chaplains who open congressional
sessions with prayer, the training
OF veterans in ministerial vocations
under the G1 bill, compulsory at
tendance at church services decreed
for midshipmen at Annapolis and
cadets at West Point.
Furthermore, Justice Reed re-
minded his colleagues that Thomas
Jefferson, q pioneer advocate Of
wall Of separation between church
and state" invited churches to
establish themselves on the cam
pus of the University of Virginia,
both for the purpose of sending
divinity students to the university
and OF providing spiritual instruc-
tion and solace for all students of
the university.
When actual church services
have always been permitted on
Government property" Justice Reed
declared. "the mere use of the
school buildings by a nonsectarian
group for religious education ought
not to be condemned as an estab-
Eehveavo+ of