# Perry v. School District No. 81

> Washington Supreme Court · October 8, 1959 · 54 Wash. 2d 886

URL: https://www.frixlaw.com/law-library/cases/9544689

## Case

- **Full name:** William Perry Et Al., Appellants, v. School District No. 81, Spokane County, Respondent, Upper Columbia Mission Society of Seventh Day Adventists, Inc., Et Al., Appellants
- **Court:** Washington Supreme Court
- **Decided:** October 8, 1959
- **Citations:** 54 Wash. 2d 886; 344 P.2d 1036; 1959 Wash. LEXIS 473
- **Precedential status:** Published
- **Opinion:** Concurrence by Weaver
- **Judges:** Hunter, Weaver
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9544689

## Opinion text

Weaver, C. J.
(concurring) — I have signed the foregoing opinion. I wish to point out, however, that Art. IX, § 4, of the Washington constitution, which provides
“Sectarian Control or Influence Prohibited. All schools maintained or supported wholly or in part by the public funds shall be forever free from sectarian control or influence.”,
is more proscriptive than the other constitutional provisions discussed in the opinion.
That it is so is the result of deliberate action by the constitutional convention of 1899. It appears from the journal of the Washington State Constitutional Convention, 1889, p. 335 (unpublished; the original is in the office of the Secretary of State), that J. Z. Moore, a member of the convention and a lawyer from Spokane, moved to strike the words “or influence” from the section. The motion lost 39 to 11.
December 16, 1959. Petition for rehearing denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9544689. Public record. Not legal advice.