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N. E. 777, 44 N. E. 363; Hilton v. Roy , payers of Caddo parish. Two of them are lance, 25 Utah, 129, 58 L.R.A. 723, 95 Am. parents of children who are in attendance St. Rep. 821, 69 Pac. 660; People ex rel. at the public schools of that parish; and Ring v. Board of Education, 245 Ill. 334, the third is the parent of children whom he 29 L.R.A. (N.S.) 445, 92 N. E. 251, 19 Ann. expects and intends to send to said schools Cas. 220.
for their education. Stated exercises consisting of reading Sidney L. Herold and Henry Heilperin, from the Bible and the offering of the Lord's two of the plaintiffs, are Jews; and the Prayer constitute a Protestant form of re-third plaintiff, James B. Marston, is a Cathligious worship, and, hence, that preference olic. They complain of the action of the in its favor is prohibited by law.
parish board of school directors in adopting People ex rel. Ring v. Board of Education, the following resolution : 245 Ill. 334, 29 L.R.A.(N.S.) 446, 92 N. E. “Whereas, it is a fact well established 251, 19 Ann. Cas. 220; State ex rel. Weiss among us that the children in our public v. District Board, 76 Wis. 177, 7 L.R.A. 338, schools are at the most impressionable age 20 Am. St. Rep. 41, 44 N. W. 967. for receiving and retaining good or evil;
Messrs. Foster & Webb and J. D. Wil- and kinson, for defendants:
"Whereas, the lessons and truths conIt is not in violation of the constitutional | tained within the Holy Bible are acknowlprovisions of the state to open the school edged by right-thinking people as being of exercises by reading passages from the paramount value in creating and maintain. Bible.
ing a better moral atmosphere in every com23 Am. & Eng. Enc. Law, p. 30; Pfeiffer v. munity, and also in the individual life: Board of Education, 118 Mich. 560, 42 L.R.A. Therefore, be it 536, 77 N. W. 250; Cooley, Const. Lim. pp. “Resolved that the principals and teachers 470, 578, 579; Donahoe v. Richards, 38 Me. be requested to open daily sessions of the 379, 61 Am. Dec. 256; State ex rel. Free public schools of Caddo parish with readman v. Scheve, 65 Neb. 853, 59 L.R.A. 927, ings from the Bible, without note or com91 N. W. 846, 93 N. W. 169; Hackett v. ment, and, when the leader is willing to do Brooksville Graded School Dist. 120 Ky. so, the Lord's Prayer shall be offered.” 608, 69 L.R.A. 592, 117 Am. St. Rep. 599, They allege that the Bible referred to in 87 S. W. 792, 9 Ann. Cas. 36; Moore v. the foregoing resolution is the King James Monroe, 64 Iowa, 367, 52 Am. Rep. 444, 20 version, including the New, as well as the N. W. 475; Church v. Bullock, 104 Tex. 1, Old, Testament; that the reading of the 16 L.R.A. (N.S.) 860, 109 S. W. 115; Bil. Bible and the offering of the Lord's Prayer lard v. Board of Education, 69 Kan. 53, 66 are exercises which are prohibited by the L.R.A. 166, 105 Am. St. Rep. 148, 76 Pac. Constitution of the state, in articles 4 and 422, 2 Ann. Cas. 521; Vidal v. Philadelphia, 53, which provide that "every person has the 2 How. 127, 11 L. ed. 205; Church oi the natural right to worship God, according to Holy Trinity v. United States, 143 U. S. 457, the dictates of his conscience, and no law 36 L. ed. 226, 12 Sup. Ct. Rep. 511; 2 shall be passed respecting an establishment Story, Const. p. 605; Board of Education v. of religion.” Minor, 23 Ohio St. 211, 13 Am. Rep. 233. And that “.. No preference shall ever
be given to, nor any discrimination made Sommerville, J., delivered the opinion against, any church, sect, or creed of reof the court:
ligion, or any form of religious faith or The judges of the court of appeals, sec- worship. ond circuit, certify certain questions to the They further allege that the resolution of court in this case, with a request for in the board "compels the children of your structions. The entire record was ordered petitioners Marston and Heilperin to join in up for consideration by the court; and the forms of worship which are contrary to the case will now be disposed of.
dictates of their own consciences, and that The three plaintiff's are resident tax it interferes with their natural right to children to listen to the reading and join , stitutions, see note to Dakota Synod v. in the prayer and hymns violates a provi. State, 14 L.R.A. 418. sion in the state Constitution guarantying On the question of use of school buildings "the free exercise and enjoyment of re- for religious meetings, etc., see note in 31 ligious profession and worship, without dis. L.R.A. (N.S.) 593. Also see State ex rel. crimination." The court discusses many of Gilbert v. Dilley, 50 L.R.A. (N.S.) 1182. the decisions by the courts of other states On question of wearing religious garb or from its own point of view, thereby assist. | uniforms in public schools, see note to (oning materially to clarify the question. See nell v. Gray, 42 L.R.A.(N.S.) 337, and note opinion in that case for further discussion. to which reference is there made. On question of public aid to sectarian in
J. W. M.
worship God according to their own reli- | They deny that the Bible is a sectarian gious conviction;" "that such services consti- book, and they allege: “That they had no tute a sectarian form of worship; namely, intention of permitting any teacher to rethe form of worship adhered to by the sort to any sectarian practice in said Proiestant sects of the Christian religion; schools; and, were one to do so, or attempt and such action constitutes a preference in to do so, under the guise of said resolution, its favor, and a discrimination against the that they would immediately order the Catholic and Jewish forms of worship;" same discontinued.” and that it is an establishment of religion; There was judgment setting aside the prethat petitioners disbelieve, upon religious liminary injunction, and plaintiff's appealed conviction, in such services; further, that to the court of appeals, from which court such action is prohibited by statute No. 214 the case has been ordered up to this court. of 1912, p. 464, for the reason that there "Courts take judicial notice of the conis vested in the state board of education tents of the Bible, of the numerous sects alone power or authority to make rules, into which the religious world is divided, by-laws, and regulations for the government and also of the general doctrines mainof the public schools of the state, and to tained by each sect.” 1 Jones, Ev. § 131, p. give directions as to the branches of study 274; Abbott, Proof of Facts, p. 634; State which shall be taught. And they pray that ex rel. Weiss v. District Board, 76 Wis. 177, an injunction issue to prevent defendants 7 L.R.A. 330, 20 Am. St. Rep. 41, 44 N. W. from enforcing and carrying into effect the 967; Smith v. Pedigo, 145 Ind. 361, 19 resolution referred to; and they further ask L.R.A. 433, 32 L.R.A. 838, 33 N. E. 777, 44 that the defendants be enjoined “from hav- N. E. 363; Hilton v. Roylance, 25 Utah, 129, ing religious exercises of any character 58 L.R.A. 723, 95 Am. St. Rep. 821, 69 Pac. whatsoever in said schools."
660. The prayer of the petition, and the pre- It is generally accepted that the Old Testliminary injunction issued in accordance ament was originally written in Hebrew, therewith, are too broad in their terms. The and that the New Testament was originally schoolhouses of the parish belong to the written in Greek. The first complete Eng. people of that parish, and they are under lish translation is said to have appeared the control of the school authorities of the about the year 1383. The Geneva Bible, parish. If, at the time when the school. embracing the New and Old Testaments, houses are not being occupied or used for was translated into English at Geneva in school purposes, the school board were to 1560, and in London in 1576; it was the permit the schoolhouses to be used for re- first to omit the Apocrypha. There is the ligious or other purposes, the rights of King James version, or translation, of the plaintiff's would not be infringed in any year 1604; the Douay version or translation way, and they might not be heard to com- of the New Testament at Rheims in 1582; plain of such action by the school author and the Old Testament at Douai in 1609. ities.
There is Luther's Bible, 1521; and then In an amended petition plaintiffs allege there is the Rabbinical Bible. There is also that the word "Bible," in said resolution, the Koran, often called the Mohammedan refers to a Protestant version thereof, in- Bible. cluding the Old and New Testament, and There are doubtless differences in the that the reading thereof will be the actual several translations of the Bible just repractice under said resolution.
ferred to. But it is not within the province The parish school board and the parish of the court in this case to point out these superintendent answered, admitted the pas- differences, or to give them consideration. sage of the resolution referred to, and al. The court recognizes the difference between leged that it was their intention to put the the Rabbinical Bible and the Christian same into effect; but they denied "that the Bible, in that the latter adds to the former effect of said resolution will be to force con- the New Testament Scriptures, which are ducting religion daily in the public schools, the bases of the Christian religion. There or that it will result, or was intended to may be other differences, such as the incluresult, in reading solely from the Protestant | sion in the one, and the exclusion from the Bible; on the contrary, they aver that it other, of the Apocrypha. But this differwas not intended as a religious worship, ence is immaterial in the matter before the nor did they intend thereby to force or re- court. Christians make daily use of the quire anyone to read any Bible or to con- Old Testament Scriptures, and the differduct any form of religious worship.” ences between the Rabbinical and Christian
And they further aver: “That any Bible, editions are not known to the ordinary lay Catholic or Protestant, Jewish or otherwise, i reader beyond the fact that the Christian may have been read by the teachers under | Bible contains the New Testament. said resolution."
The same condition of mind exists with
reference to the Douay and the King James, of that branch of the Christian church. It translations. There are said to be some dif- is found only on the brief of plaintiffs. ferences and some errors in translation, but It was agreed between plaintiffs and dethey are not known to the ordinary lay fendants "that all questions that may arise reader; and the court is not called upon to as to the history of the Bible and of the point out these differences. They are both different versions thereof, and other matters Christian Bibles, or the Bibles of the Chris- pertaining thereto, as well as all matters retians. And, when Mr. Heilperin alleges that lating to the beliefs, creeds, and modes of the resolution complained of compels his worship of different religions, including the children “to join in forms of worship which different forms of the Christian religion, are are contrary to the dictates of their own proper matters for judicial notice.” consciences, and that it interferes with their We notice that the Catholic Church stands natural right to worship according to their for a complete Word, made up partly of the own religious convictions," we recognize sacred Scriptures and partly of oral tradithat his complaint is made against the use | tion. But we do not find the "doctrine" set of the New Testament Scriptures in the forth on the brief to be a dogma of that public school where his children attend; church. The Catholic child may or may not and, while he admits that God made us, and be prohibited from reading the Bible withthat we are taught to serve him in both the out authoritative comment, but such proOld and New Testaments, he shows that hibition would not be a doctrine of that the latter teaches that the Messiah has church or creed. And, in view of the very come; the divinity of Christ; that God is recent utterances of His Eminence Cardinal three in one-the Trinity; and that the Old Gibbons, one would not think that such proTestament Scriptures teach that the Mes-hibition can exist. That eminent man of siah is yet to come; he denies the divinity God and high churchman, in a recent serof Christ. While Jews and Christians mon, pointed to his own college days, when believe that the Bible is the inspired Word he says he carried a New Testament at all of God, they differ as to what that Word times, and read one chapter every day. He is; and the Jew accepts only the Old Testa- urged the importance of this plan for all dement, while the Christian accepts both the vout Christians. In the course of his serOld and the New. But the complaint of mon he is reported to have said: "The Mr. Marston that the reading of the Bible timely recollection of fitting text of the would be contrary to the dictates of his Scriptures is the best antidote against conscience is not clear. He fails to point temptation.” “But we cannot have such out in his petition wherein his conscience texts occur to us unless we are filled with would be violated. On the brief of plain the Word of God and accustomed to fretiffs it is declared : “We are making no quently and regularly read the Book.” fight against the Bible. But what we do The Cardinal gave a striking exhibition contend is that its teaching finds its proper of his own memory for texts by quoting place in the home, in the church, and in many to fit into all situations. He would the Sunday school, and that it cannot be mention some sin, and then, after quoting injected into the public schools without con- the more familiar text that referred to it, stituting and creating religious persecu. would bring up other texts not so well tion.”
known, but equally fitting and equally Again: “It is said that the Catholic ver- forcible in wording. He further said: sion might be used, but without note or "There was a great philosopher who would comment. Such use is an equal violation say that he never left men without feeling of the rights of the Catholic, as well as less a man. Now, it is true of the faithful the Protestant."
lover of the Word that he never leaves the And: “Likewise to the Catholic child, in Bible without feeling more of a man." whom has been inculcated the doctrine We further read of the work of the “Sowhich prohibits the reading of the Bible ciety of St. Jerome,” which was formed for without authoritative comment from the the purpose of translating and disseminathead of his own church, such daily exercises ing the New Testament in the vernacular of not only subject him to a form of worship Italy. The work was under the patronage of which his parents do not approve, but of influential clericals, some of whom were teach him that such form of worship is said to be members of the College of Cardiproper."
nals. The president of the society is said It is not alleged in the petition, and there to have been Mgr. Della Chiesa, now Pope is no evidence whatever in the record, in Benedict XV. The translation is said to be support of that portion of the brief to the a beautiful one, and that a million copies effect that there is a doctrine in the Catho were sold in a short time. Recently Pope lic Church which prohibits the reading of Benedict XV, in a letter answering an adthe Bible without comment from the head I dress on behalf of the Society of St. Jerome,
is quoted as saying in part, with reference the functions of government; and the public to their work: “They are doing a work of school system is a department of the govsupreme advantage for the forming for ernment. Education insures domestic tranChristian perfection of the minds of those quillity, provides for the common defense, who, like you (addressing Cardinal Casset- promotes the general welfare, and it secures ta), are waiting eagerly for the diffusion the blessings of liberty to ourselves and our of the Divine Gospels, and we have there- posterity. The state of Louisiana from the fore reason to rejoice in the enterprise, so earliest time has made provision for the excellent in itself and so grateful to us.” | support of education, beginning with the
Continuing, His Holiness said: “We ar. Constitution of 1845, $$ 135 and 136. dently desire, and make it a matter of Education in this country embraces the earnest exhortation, that you gather the training of both mind and heart. Through fruit of a very wide diffusion of the Books it character is formed and developed. It inof the Gospels, and that you may also be cludes the primary and the higher branches; able to obtain another advantage, which there are literary and scientific courses; also would form one of our ideals, that is to the mechanical and vocational schools; say, that the sacred books enter into the industry and morality form parts of the bosom of Christian families, and be there system; love of fellow man, love of country, like the piece of silver mentioned in the and love of God are taught in the public parable, which all shall seek for attentively schools of the land. and guard jealously, so that the faithful There have been differences in expressions may accustom themselves to read the Holy of opinion as to whether this is a Christian Gospels and comment on them every day, land or not, in a strictly limited sense; but learning thus to live holily, conformed in there is not, and there has not been, a queseverything to the Divine Will.”
tion as to its being a godly land, or that we We will assume that the Bible referred to are a religious people. In the Declaration by these eminent churchmen was the Douay of Independence He was acknowledged as version, or translation. But we cannot con- the God over all and the giver of all good clude that it is a doctrine of the Catholic gifts, in the following language: Church to prohibit the reading of the Bible "When in the course of human events, it without authoritative comment of the head becomes necessary for one people to dissolve of that church, further than as contained the political bands which have connected in the Douay version itself.
them with another, and to assume among The Douay Bible published in New York the powers of the earth, the separate and has the approbation of His Eminence James equal station to which the laws of nature Cardinal Gibbons printed at the beginning and of nature's God entitle them, a decent of the Book in these words: “We hereby respect to the opinions of mankind requires approve of the publication by John Murphy that they should declare the causes which Company of the Catholic Bible, which is an impel them to the separation. accurate reprint of the Rheims and Douay “We hold these truths to be self-evident, edition with Dr. Challoner's Notes.
that all men are created equal, that they are “The sacred volume is printed in an at- endowed by their Creator with certain untractive style.”
alienable rights, that among these are life, And His Eminence John Cardinal Farley liberty, and the pursuit of happiness,” etc. expresses his approbation and recommenda- And in the closing paragraph He is aption in the following words: "I heartily | pealed to as follows: “We, therefore, the indorse your publication of the Holy Bible. representatives of the United States of It is well edited and should commend itself America, in general Congress assembled, apto all Catholics."
pealing to the Supreme Judge of the world And, as the court will not concern itself for the rectitude of our intentions, do,” etc. with the differences, or alleged errors, in the “And for the support of this declaration, different translations of the Christian Bible, with a firm reliance on the protection of or the Bibles of the Christians, we cannot Divine Providence, we mutually pledge to conclude that plaintiff Marston or his chil. each other our lives, our fortunes, and our dren would have their consciences violated sacred honor." by the reading of the Bible, or of the offer: In the Articles of Confederation, No. 13, ing of the Lord's Prayer, which prayer is God was recognized in the following lancontained in all versions or translations of guage: “And whereas it has pleased the the New Testament.
Great Governor of the world to incline the Turning again to the consideration of the hearts of the legislatures we respectively case of Messrs. Herold and Heilperin, we represent in Congress," etc. note that the United States government pro- And, while there is no express mention vides in part for the education of the citi- made of His Son, Jesus Christ, He is rezens of the country. Education is one of' ferred to in the date of that instrument as follows: "Done at Philadelphia, in the Mr. Story, in treating of the first Amendstate of Pennsylvania, the 9th day of July, ment to the Constitution, says, in part: in the year of our Lord one thousand seven “Section 1874. Probably at the time of hundred and seventy-eight, and in the third the adoption of the Constitution, and of year of the independence of America.” the Amendment to it now under considera
A similar reference is made to “our” tion, the general if not universal sentiment Lord in the Constitution of the United in America was that Christianity ought to States. But, while making this indirect receive encouragement from the state so recognition, the first Amendment to the Con- far as it was not incompatible with the pri. stitution provides that: "Congress shall vate rights of conscience and the freedom make no law respecting an establishment of of religious worship. An attempt to level religion, or prohibiting the free exercise all religions, and to make it a matter of thereof," etc.
state polity to hold all in utter indifferAnd Congress, in stating the qualifica- ence, would have created universal disaptions to hold office for the purpose of dis- probation, if not universal indignation." charging the governmental duties and func- “Section 1876. But the duty of supporttions devolving upon those holding office ins religion, and especially the Christian under the national government, provided religion, is very different from the right to that they should ask the help of God to force the consciences of other men, or to discharge those duties, in an oath of office punish them for worshiping God in the closing with: "So help me God." Rev. Stat. manner in which they believe their account$S 1756, 1757, Comp. St. 1913, § 3218. ability to Him requires. It has been truly
The Constitution of Delaware, in prescrib- said that “religion, or the duty we owe to ing the formal oath, uses the following: our Creator and the manner of discharging “I, A. B., do profess faith in God the Father, it, can be dictated only by reason and conand in Jesus Christ, His only Son, and in viction, not by force or violence.' the Holy Ghost, one God, blessed forever. The rights of conscience are, indeed, beyond more; and I do acknowledge the Holy Scrip- the just reach of any human power. They tures in the Old and New Testament to be are given by God, and cannot be encroached given by divine inspiration.” Const. 1776, upon by human authority without a crimart. 22.
inal disobedience of the precepts of natural In discussing the above, together with as well as of revealed religion. other evidences, the Supreme Court, in the "Section 1877. The real object of the case of Church of the Holy Trinity v. United Amendment was not to countenance, much States, 143 U. S. 457, 471, 36 L. ed. 226, less to advance, Mahometanism, or Juda232, 12 Sup. Ct. Rep. 511, proceeded to say: isr.ı, or infidelity, by prostrating Christian“If we pass beyond these matters to a view ity; but to exclude all rivalry among of American life as expressed by its laws, Christian sects, and to prevent any national its business, its customs, and its society, we ecclesiastical establishment which should find everywhere a clear recognition of the give to a hierarchy the exclusive patronage same truth. Among other matters, note the o. the national government.” following: The form of oath universally Story, Const. prevailing, concluding with an appeal to the The Code of Practice of this state requires Almighty; the custom of opening sessions that “the witnesses
must be sworn of all deliberative bodies and most conven- on the Bible, in open court.” Article 478. tions with prayer; the prefatory words of The Constitution of this state, in the preall wills, 'In the name of God, amen;' the, amble, places God before the state, in the laws respecting the observance of the Sab- following language: “We, the people of the bath, with the general cessation of all secu- state of Louisiana, grateful to Almighty lar business, and the closing of courts, legis. God for the civil, political and religious liblatures, and other similar public assemblies erties we enjoy and desiring to secure the on that day; the churches and church organ- and establish this Constitution.”
continuance of these blessings, do ordain izations which abound in every city, town,
And, with real Christian gratitude for the and hamlet; the multitude of charitable or
blessing of religious liberties to us, the worganizations existing everywhere under
ship of God is recognized, and in article 4 of Christian auspices; the gigantic missionary that instrument it is ordained: “Every associations, with general support, and aim
person has the natural right to worship God, ing to establish Christian missions in every according to the dictates of his conscience, quarter of the globe. These, and many other and no law shall be passed respecting an matters which might be noticed, add a vol-establishment of religion.” ume of unofficial declarations to the mass of And, again, in article 53: organic utterances that this is a Christian shall ever be taken from the public treasury, nation."
directly or indirectly, in aid of any church,