The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1962-01-12
Relevant Supreme
Court Decisions
tA.) The Brsdfield, Cochran
and Everson Decisions.


Bradfield VS.. Roberts,
Cochran VS.. Board of Edu-
cation, and EverSon VS..
Board of Education are
the three decisions of the
Supreme Court-and the only
three-which directly concern
aid-providing by government
in the sense presented by the
problem Of Federal aid to
church-related education.
Bradfield VS.. Roberts, an
1899 decision, lends support
to the argument that
Federal aid to secular ed
ucation in church : related
schools would be constitu
tional.
THE COURT HELD THAT
the appropriation by Congress
of money TO a Catholic hos
pital. as compensation for the
treatment of poor patients UNI
der a contract. did not c0nsti-
tute an appropriation to a re-
ligious society in violation Of
the No Establishment Clause
of the Constitution.
The court noted that, legal
ly speaking, the corporation
owning the hospital was sec
ular but that the hospital was
conducted under the auspices
of the Catholic Church.
THE MEANING OF THAT
allegation" said the court, lis
that the church exercises
great and perhaps controlling
influence over the manage
ment of the hospital" The
court also noted that the stock
holders of the corporation
were all nuns.
But most significant in the
Bradfield decision is the
courts direct disavoWal Of the
point of view that religious in
stitutions performing public
functions cannot, on account
OF the No Establishment
Clause, be aided by govern
ment.
Cochran VS.. Board of Educa-
ton, a 1890 decision, establish
ed that the use of government
funds TO provide secular text
books for parochial school stu
dents is constitutionally justi-
fable as an expenditure for a
public purposes. Under Louis
lana statutes, boards Of edu-
cation were directed to pro-
vide books for children free of
cost. The plaintiffs contended
that they were being taxed to
aid private, religious, sectar-
ian and other schools not en-
braced in the public educa-
tional system.
THE SUPREME COURT held
the program constitutional
noting that the textbooks were
not religious books, but books
relating TO secular subjects.
The court was able clearly
to distinguish the public as
pect Of par0chial school edu.
cation from its private (relig-
ious) aspect and held, in Ell
feet. that whatever benefit
might accrue to the institu-
ton, such was Incidental TO
the public benefit conferred
upon the cltizen-pupil and
therefore constitu Ii onally
without significance.
In EVerson VS.. Board of Ed.
ucatlon, a 1947 decision, the
Supreme Court held constitu.
tional a New Jersey statute
which provided that REIN.
bursement to parents might be
made out of public funds foI
transportation of their chill
dren TO Catholic parochia'
schools on buses regularly
used in the public t%ransporta
ton system.
THE UNDERLYING princi
pie of the decision is plain
government aid may be rem
dered to a citizen in further
ance of his obtaining educa
ton in a church : related
school.
Everson teaches that aiC
rendered to a citizen to oh
tain state-preseribed education
in a church-related school il
not, in the constitutions
sense. laid TO religion" or
Enhancing Of religiou-