N. E. 777, 44 N. E. 363; Hilton v. Roylance, 25 Utah, 129, 58 L.R.A. 723, 95 Am. St. Rep. 821, 69 Pac. 660; People ex rel. Ring v. Board of Education, 245 Ill. 334, 29 L.R.A. (N.S.) 445, 92 N. E. 251, 19 Ann. Cas. 220.

Stated exercises consisting of reading from the Bible and the offering of the Lord's Prayer constitute a Protestant form of religious worship, and, hence, that preference in its favor is prohibited by law.

People ex rel. Ring v. Board of Education, 245 Ill. 334, 29 L.R.A. (N.S.) 446, 92 N. E. 251, 19 Ann. Cas. 220; State ex rel. Weiss v. District Board, 76 Wis. 177, 7 L.R.A. 338, 20 Am. St. Rep. 41, 44 N. W. 967.

payers of Caddo parish. Two of them are parents of children who are in attendance at the public schools of that parish; and the third is the parent of children whom he expects and intends to send to said schools for their education.

Sidney L. Herold and Henry Heilperin, two of the plaintiffs, are Jews; and the third plaintiff, James B. Marston, is a Catholic. They complain of the action of the parish board of school directors in adopting the following resolution:

"Whereas, it is a fact well established among us that the children in our public schools are at the most impressionable age for receiving and retaining good or evil;

Messrs. Foster & Webb and J. D. Wil- and kinson, for defendants:

It is not in violation of the constitutional provisions of the state to open the school exercises by reading passages from the Bible.

"Whereas, the lessons and truths contained within the Holy Bible are acknowledged by right-thinking people as being of paramount value in creating and maintaining a better moral atmosphere in every community, and also in the individual life: Therefore, be it

23 Am. & Eng. Enc. Law, p. 30; Pfeiffer v. Board of Education, 118 Mich. 560, 42 L.R.A. 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, 87 S. W. 792, 9 Ann. Cas. 36; Moore v. Monroe, 64 Iowa, 367, 52 Am. Rep. 444, 20 N. W. 475; Church v. Bullock, 104 Tex. 1, 16 L.R.A. (N.S.) 860, 109 S. W. 115; Billard v. Board of Education, 69 Kan. 53, 66 L.R.A. 166, 105 Am. St. Rep. 148, 76 Pac. 422, 2 Ann. Cas. 521; Vidal v. Philadelphia, 2 How. 127, 11 L. ed. 205; Church of the Holy Trinity v. United States, 143 U. S. 457, 36 L. ed. 226, 12 Sup. Ct. Rep. 511; 2 Story, Const. p. 605; Board of Education v. Minor, 23 Ohio St. 211, 13 Am. Rep. 233.

They allege that the Bible referred to in the foregoing resolution is the King James version, including the New, as well as the Old, Testament; that the reading of the Bible and the offering of the Lord's Prayer are exercises which are prohibited by the Constitution of the state, in articles 4 and 53, which provide that "every person has the natural right to worship God, according to the dictates of his conscience, and no law shall be passed respecting an establishment of religion."

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 worship. . "

The judges of the court of appeals, second circuit, certify certain questions to the court in this case, with a request for instructions. The entire record was ordered up for consideration by the court; and the case will now be disposed of.

The three plaintiffs are resident taxchildren to listen to the reading and join, in the prayer and hymns violates a provision in the state Constitution guarantying "the free exercise and enjoyment of religious profession and worship, without discrimination." The court discusses many of the decisions by the courts of other states from its own point of view, thereby assisting materially to clarify the question. See opinion in that case for further discussion. On question of public aid to sectarian in

They further allege that the resolution of the board "compels the children of your petitioners Marston and Heilperin to join in forms of worship which are contrary to the dictates of their own consciences, and that it interferes with their natural right to stitutions, see note to Dakota Synod v. State, 14 L.R.A. 418.

On the question of use of school buildings for religious meetings, etc., see note in 31 L.R.A. (N.S.) 593. Also see State ex rel. Gilbert v. Dilley, 50 L.R.A. (N.S.) 1182.

On question of wearing religious garb or uniforms in public schools, see note to Connell v. Gray, 42 L.R.A. (N.S.) 337, and note to which reference is there made.

J. W. M.

There are doubtless differences in the several translations of the Bible just referred 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 same into effect; but they denied "that the effect of said resolution will be to force conducting religion daily in the public schools, or that it will result, or was intended to result, in reading solely from the Protestant Bible; on the contrary, they aver that it was not intended as a religious worship, nor did they intend thereby to force or require anyone to read any Bible or to conduct any form of religious worship."

It was agreed between plaintiffs and defendants "that all questions that may arise as to the history of the Bible and of the different versions thereof, and other matters pertaining thereto, as well as all matters relating to the beliefs, creeds, and modes of worship of different religions, including the different forms of the Christian religion, are proper matters for judicial notice."

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 they are not known to the ordinary lay reader; and the court is not called upon to point out these differences. They are both Christian Bibles, or the Bibles of the Christians. And, when Mr. Heilperin alleges that the resolution complained of compels his children "to join in forms of worship which are contrary to the dictates of their own 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 believe that the Bible is the inspired Word of God, they differ as to what that Word is; and the Jew accepts only the Old Testament, while the Christian accepts both the Old and the New. But the complaint of Mr. Marston that the reading of the Bible would be contrary to the dictates of his conscience is not clear. He fails to point out in his petition wherein his conscience would be violated. On the brief of plaintiffs it is declared: "We are making no fight against the Bible. But what we do contend is that its teaching finds its proper place in the home, in the church, and in the Sunday school, and that it cannot be injected into the public schools without constituting and creating religious persecution."

Again: "It is said that the Catholic version might be used, but without note or comment. Such use is an equal violation of the rights of the Catholic, as well as of the Protestant."

And: "Likewise to the Catholic child, in whom has been inculcated the doctrine which prohibits the reading of the Bible without authoritative comment from the head of his own church, such daily exercises not only subject him to a form of worship of which his parents do not approve, but teach him that such form of worship is proper."

mon, pointed to his own college days, when he says he carried a New Testament at all times, and read one chapter every day. He urged the importance of this plan for all devout Christians. In the course of his sermon he is reported to have said: "The timely recollection of a fitting text of the Scriptures is the best antidote against temptation." "But we cannot have such texts occur to us unless we are filled with the Word of God and accustomed to frequently and regularly read the Book."

The Cardinal gave a striking exhibition of his own memory for texts by quoting many to fit into all situations. He would mention some sin, and then, after quoting the more familiar text that referred to it, would bring up other texts not so well known, but equally fitting and equally forcible in wording. He further said: "There was a great philosopher who would say that he never left men without feeling less a man. Now, it is true of the faithful lover of the Word that he never leaves the Bible without feeling more of a man."

We further read of the work of the "Society of St. Jerome," which was formed for the purpose of translating and disseminating the New Testament in the vernacular of Italy. The work was under the patronage of influential clericals, some of whom were said to be members of the College of Cardinals. 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 headdress 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 earnest exhortation, that you gather the fruit of a very wide diffusion of the Books of the Gospels, and that you may also be able to obtain another advantage, which would form one of our ideals, that is to say, that the sacred books enter into the bosom of Christian families, and be there like the piece of silver mentioned in the parable, which all shall seek for attentively and guard jealously, so that the faithful may accustom themselves to read the Holy Gospels and comment on them every day, learning thus to live holily, conformed in everything to the Divine Will."

We will assume that the Bible referred to by these eminent churchmen was the Douay version, or translation. But we cannot conclude that it is a doctrine of the Catholic Church to prohibit the reading of the Bible without authoritative comment of the head of that church, further than as contained in the Douay version itself.

The Douay Bible published in New York has the approbation of His Eminence James Cardinal Gibbons printed at the beginning of the Book in these words: "We hereby approve of the publication by John Murphy Company of the Catholic Bible, which is an accurate reprint of the Rheims and Douay edition with Dr. Challoner's Notes.

"The sacred volume is printed in an attractive style."

And His Eminence John Cardinal Farley expresses his approbation and recommendation in the following words: "I heartily indorse your publication of the Holy Bible. It is well edited and should commend itself to all Catholics."

And, as the court will not concern itself with the differences, or alleged errors, in the different translations of the Christian Bible, or the Bibles of the Christians, we cannot conclude that plaintiff Marston or his children would have their consciences violated by the reading of the Bible, or of the offering of the Lord's Prayer, which prayer is contained in all versions or translations of the New Testament.

Turning again to the consideration of the case of Messrs. Herold and Heilperin, we note that the United States government provides in part for the education of the citizens of the country. Education is one of

Education in this country embraces the training of both mind and heart. Through it character is formed and developed. It includes the primary and the higher branches; there are literary and scientific courses; also the mechanical and vocational schools; industry and morality form parts of the system; love of fellow man, love of country, and love of God are taught in the public schools of the land.

There have been differences in expressions of opinion as to whether this is a Christian land or not, in a strictly limited sense; but there is not, and there has not been, a question as to its being a godly land, or that we are a religious people. In the Declaration of Independence He was acknowledged as the God over all and the giver of all good gifts, in the following language:

"When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness," etc.

And in the closing paragraph He is appealed to as follows: "We, therefore, the representatives of the United States of America, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do," etc. "And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor."

In the Articles of Confederation, No. 13, God was recognized in the following language: "And whereas it has pleased the Great Governor of the world to incline the hearts of the legislatures we respectively represent in Congress," etc.

And, while there is no express mention made of His Son, Jesus Christ, He is referred to in the date of that instrument as